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Home My WebLink About1995-11-15; Planning Commission; ; MP 177L|LCPA 95-13|CT 89-39A|PUD 89-19A - MAREA - AVIARA PLANNING AREA 12? \..., 'lleOtytlrnWl'lmflC ..... A REPORT TO THE PWNING COMMISSIDN P.C. AGENDA OF: November 15, 1995 Item No. CI) Application complete date: February 1, 1995 Project Planner: Michael Grim Project Engineer: Jim Davis SUBJECT: MP 177(L)/LCPA 95-13/CT 89-39(A)/PUD 89-19(A) -MAREA -AVIARA PLANNING AREA 12 -Request for a Master Plan Amendment and Local Coastal Program Amendment to revise the permitted uses and development standards for Planning Area 12 and a Tentative Tract Map Revision and Planned Unit Development Permit Amendment to allow a 101 clustered single family detached condominiums on 21 lots, within Aviara Planning Area 12, in Local Facilities Management Zone 19. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution Nos. 3840, 3841, 3842 and 3843 RECOMMENDING APPROVAL of MP 177(L), LCPA 95-13, CT 89-39(A) and PUD 89-19(A), based on the findings and subject to the conditions contained therein. II. INTRODUCTION The project would revise the currently approved 108 unit multifamily residential development to a 101 unit, clustered single family condominium development. The units would be under condominium ownership and would have exclusive use areas surrounding the homes. The master plan development standards would be revised to reflect the new clustered single family condominium product, however no reduction in public facilities, planning area setbacks, parking, sidewalks, landscaping or recreation areas would occur. III. PROJECT DESCRIPTION AND BACKGROUND Chanco Development Corporation is requesting approval of a master plan amendment, local coastal program amendment, tentative tract map revision and planned unit development permit amendment to develop a 101 unit, clustered single family condominium within Aviara Planning Area 12. The project site is located on the southeast comer of Alga Road and Black Rail Court, between the Four Seasons Resort Aviara and Aviara Point, the custom lot neighborhood. North of the site is Alga Road and to the south is natural open space and the Aviara golf course. The site is designated for medium density residential use by the General Plan (RM) and Aviara Master Plan is zoned P-C (Planned Community). The site is currently graded as a result of the Aviara Phase I mass grading and some finish grading associated with the previously approved tentative map. All deed restricted native MP 177(L)/LCPA 95-13~1 89-39(A)/PUD 89-19(A) MAREA -A VIARA PLANNING AREA 12 NOVEMBER 15, 1995 PAGE2 habitat open space areas were delineated and presetved with the former project, thus creating a defined pad area for future construction. The site takes access off of Black Rail Court, along with Aviara Point and Aldea II (Planning Areas 13 and 15). The existing approvals on Planning Area 12 include a tentative tract map and planned unit development for 108 multifamily condominiums arranged in attached triplex structures, with one unit on the ground floor and two above. The proposed plan would create 101 detached single family condominium units, which are clustered in pods of four to eight units around cul-de-sac courtyards. The subdivision would be an air space condominium with exclusive use yard areas around each unit. As shown on Exhibit "A", the courtyards feed off of a main spine street, which measures 32 feet wide and allows parking on one side. Each courtyard would setve up to four units for 24 foot wide cul-de-sac courtyards and up to eight for 30 foot wide cul-de-sac courtyards. The unit clusters are located behind units fronting on the spine street, thereby creating a typical single family residential streetscene. All garages that take access off of the main spine street would have a minimum 20 foot setback, to create additional guest parking opportunities and allow for adequate internal circulation. The architecture of the single family condominiums would be Spanish Colonial, in keeping with the master plan design guidelines. The two and three bedroom units would range from 1,527 to 1,843 square feet and include a minimum 20 foot by 20 foot garage. Each home would contain two story internal living areas and three different potential external elevations. Each condominium unit would have its own front, side and rear yard, or exclusive use area; all but 11 rear yards would have a minimum dimension of 15 feet by 15 feet. In addition to the private yards, a common active recreation area with a pool, spa and cabana and a common passive recreational lookout area would be included in the development. All recreation areas would be maintained by the bomeowner's association. Some retaining walls would be necessary to develop this product type on the subject property but, except for the golf course frontage, no walls or fence/wall combinations within the project would exceed six feet in height. Along the golf course frontage, the guest builder will build a solid wall topped by a view fence to presetve views of the golf course while hiding the solid portion of the wall behind the fall of the slope and with vegetation. The clustered single family condominium proposal involves two groups of permit requests: . a master plan amendment/local coastal program amendment and a tentative map revision and planned unit development permit amendment. The master plan amendment and local coastal program amendment would revise the permitted uses and development standards in the master plan to allow a clustered single family condominium development. The tentative tract map revision and planned unit development permit amendment would revise the currently approved multifamily development plan and product type to the proposed clustered single family condominium. The Carlsbad Municipal Code allows a master plan to override normal development standards. Since the Aviara Master Plan setves as the zoning for the master plan area, amendment of those standards redefines the allowed development within the applicable ,.,.,.,~-~ MP 177(L)/LCPA 95-13Jt:1· 89-39(A)/PUD 89-19(A) MAREA -A VIARA PIANNING AREA 12 NOVEMBER 15, 1995 PAGE3 portion of Aviara. As shown in Exhibit "X", attached to Planning Commission Resolution No. 3840, dated November 15, 1995, the change to permitted uses within Aviara Planning Area 12 would allow clustered single family instead of the currently approved attached multifamily uses. The revision to development standards would permit smaller building separation (10 feet), reduced front setbacks for living areas (10 feet), reduced building height (two stories exclusively) and reduced private street width for courtyards serving four units or less (24 feet). The proposed revisions would not adjust residential density, planning area boundary setbacks, recreation area or parking requirements. The proposed revisions to the tentative map and planned unit development permit are detailed in Exhibits "A" -"P", dated November 15, 1995, and briefly described above. The proposed product type is similar to that recently approved in Planning Area B-1 of the Poinsettia Shores Master Plan (MP 175). The building separation, setbacks, yards and cul- de-sac courtyard width for the Marea -Aviara Planning Area 12 project all emulate the Poinsettia Shores clustered single family condominium model. The Marea -Aviara Planning Area 12 project is subject to the following land use plans, policies, programs and zoning regulations: A. General Plan B. Mello I segment of the Local Coastal Program C. Aviara Master Plan (MP 177 and its amendments) D. Planned Community Zone Ordinance (Chapter 21.38 of the Zoning Ordinance) E. Planned Development Ordinance (Chapter 21.45 of the Zoning Ordinance) F. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance) G. Zone 19 Local Facilities Management Plan H. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code) IV. ANALYSIS The recommendation of approval for this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. MP 177(L)/LCPA 95-13~:f 89-39(A)/PUD 89-19(A) MAREA -A VIARA PI.ANNING AREA 12 NOVEMBER 15, 1995 PAGE4 A. Genenl Plan ELEMENT Land Use Circulation Open Space and Conser- vation Noise The proposed Marea -Aviara Planning Area 12 project is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the clustered single family condominium proposal are the Land Use, Circulation, Noise, Housing, Open Space and Consetvation and Public Safety Elements. Table 1 below indicates how the project complies with these particular elements of the General Plan. TABLE 1 -GENERAL PLAN COMPLIANCE USE CLASSIFICATION/GOAL, PROPOSED USES AND COMPLIANCE OBJECI'IVE OR PROGRAM IMPROVEMENTS Site is designated for residential Project is clustered single development at a density of 4.0 to 6.0 family development at a density Yes dwelling units per acre. of 5.5 dwelling units per acre. Require new residential development to Streets within development provide pedestrian and bicycle linkages, contain sidewalks which link up where feasible, which connect with with the Aviara sidewalk and nearby community centers, parks, trail system, linking the Yes schools, points of interest, major community site, Zone 19 park, transportation corridors and the Aviara Oaks school, and the proposed Carlsbad Trail System. Four Seasons Aviara Resort. Require new development to construct Project is conditioned to all roadways needed to serve the complete all street Yes proposed development prior to or improvements prior to concurrent with needs. occupancy of any unit. Minimize environmental impacts to Project maintains approved sensitive resources in the City. amount of native habitat, and Yes erosion control during remedial grading reduces sedimentation of lagoon. Yes Utilize Best Managertlent Practices for Project will comply with all the control of storm water pollutants. NPDES requirements. 65 dBA CNEL is the maximum noise Project is conditioned to post level to which residential units subject to aircraft noise notification signs noise from McClellan-Palomar Airport in all sales offices associated Yes should be permitted Additional with the new development. disclosure actions may be required of sellers of noise impacted units. MP 177(L)/LCPA 95-13f; 89-39(A)/PUD 89-19(A) MAREA -A VIARA PLANNING AREA 12 NOVEMBER 15, 1995 PAGES TABLE 1 -GENERAL PLAN COMPLIANCE ELEMENT USE CLASSIFICATION/GOAL, PROPOSED us~ AND COMPLIANCE OBJECI'IVE OR PROGRAM IMPROVEMENTS Housing Ensure that all master planned and Project provides low to medium specific planned communities and all market rate units within Aviara qualified subdivisions provide a range of while the master plan developer housing for all economic income ranges. has constructed sufficient low Yes income units in the Villa Loma development to cover Planning Area 12's affordable housing requirement. Public Safety Design all structures to seismic design All buildin~ will meet UBC standards of the UBC and State building and State seismic requirements. Yes requirements. Provision of emergency water systems All necessary water mains, fire and all-weather access roads. hydrants and appurtenances must be installed prior to occupancy of any unit and all-Yes weather access roads will be maintained throughout construction. B. Mello I segment or the Local Coastal Program The Marea -Aviara Planning Area 12 site is located within the Mello I segment of the LCP, therefore the project is subject to the Land Use Plan and Implementing Ordinance for the Mello I segment. The implementing ordinance for those portions of the Mello I segment within Aviara is the Aviara Master Plan. This· section addresses only conformance with the Land Use Plan, since implementing ordinance conformance is addressed in section C below. The policies of the Mello I Land Use Plan that apply to the proposed project are land use, environmentally sensitive habitat preseIVation, and grading and erosion control. The land uses allowed through the LCP segments are the same as those allowed by the Aviara Master Plan, therefore the proposed amendments to the master plan adjust the LCP to the proposed clustered single family development type. The proposed density is very similar to that previously approved. All steep slopes with native vegetation were preseJVed through the previous tentative tract maps (CT 85-35 and CT 89-39) and no encroachments are proposed with this proposed amendment. The current erosion control standards of the Engineering Department will be maintained throughout the project site to deter off-site erosion and potential lagoon sedimentation. Considering the above, the proposed clustered single family MP 177(L)/LCPA 95-13/6'· 89-39(A)/PUD 89-19(A) MAREA -A VIARA PI.ANNING AREA 12 NOVEMBER 15, 1995 PAGE6 condominium project conforms with the applicable policies of the Mello I Local Coastal Program segment. C. Avian Master Plan (MP 177 and Its amendments) The Aviara Master Plan, originally adopted as the Pacific Rim Country Qub and Resort Master Plan in December 1987, also setves as the implementing ordinance for the three Local Coastal Program segments that envelope Aviara (Mello I, Mello II, and East Batiquitos Lagoon). The following discussion therefore addresses both conformance with the master plan and the LCP implementing ordinance. The Carlsbad Municipal Code allows a master plan to override normal development standards. These master plan development standards are contained in the appropriate section addressing planning area development. Some of the master plan development standards refer back to the Zoning Ordinance and are therefore discussed in section E below. Since the development standards with regard to setbacks and courtyard widths are proposed to be revised through the master plan amendment, the project is internally consistent with those revisions. There are standards that are applicable to this project but are not proposed to change. Table 2 below summarizes the project's conformance with those applicable portions of the Aviara Master Plan. TABLE 2 -AVIARA MASTER PLAN CONFORMANCE MASTER PLAN REQUIREMENT PROPOSED PLAN CONFORMANCE Building height: 35 feet maximum All units measure 25 feet or less in Yes 2 stories maximum height and have 2 or less stories. Alga Road setback: 50 feet from RO.W. All units are 50 feet or more from the Yes Alga Road right-of-way. Black Rail Ct. setback: 30 feet from R.O.W. All units are at least 30 feet from the Yes Black Rail Court right-of-way. Planning area setback: 20 feet from boundary All units are 30 feet or more from the Yes planning area boundary. Parking: Two car garage, 20 feet by 20 feet All units have garages with minimum Yes 20 by 20 foot interior dimensions. 28 guest parking spaces Total guest parking provision is 29 spaces plus many units have adequate Yes driveway length to support guest parking opportunities. MP 177(L)/LCPA 95-13/C 89-39(A)/PUD 89-19(A) MAREA -A VIARA PI.AL;fNING AREA 12 NOVEMBER 15, 1995 PAGE7 MASTER PLAN REQUIREMENT PROPOSED PLAN CONFORMANCE Fencing: Noise walls as needed Noise studies showed need for noise wall along Alga Road. Noise wall was Yes constructed by master plan developer. Landscaping: Fire suppression zones All fire suppression zones provided Yes conform to guidelines. HOA maintained slopes Northwest graded slopes near 7th hole, slopes near Alga Road and southern native open space all Yes maintained by Marca or Aviara Master Homeowner's Association. D. Planned Community Zone Ordinance (Chapter 21.38 of the Zoning Ordinance) The underlying zoning of the proposed Four Seasons Aviara Resort project is P-C, Planned Community. In accordance with that designation, the Aviara Master Plan was created to implement the zoning. Chapter 21.38 of the Zoning Ordinance details the manner in which a master plan is amended. The required submittal items include a description of land uses, facility and fiscal impact evaluations, development standards and open space requirements, and phasing schedules. These documents have been evaluated by staff and have contributed to the approval recommendation. Certain findings must be made prior to approving a master plan amendment. These findings, contained in Planning Commission Resolution No. 3840, dated November 15, 1995, deal mostly with the compatibility of land uses and the adequacy of public facilities. The Aviara Master Plan has been designed to provide open space and street buffering between residential and non-residential uses, thereby ensuring land use compatibility. As required by the Zone 19 I..ocal Facilities Management Plan, all public facilities necessary to serve the residential development are already in place or will be in place prior to occupancy. Since the proposed master plan amendment still allows the necessary findings to be made, the proposal is consistent with the Planned Community Zone Ordinance. E. Planned Development Ordinance (Chapter 21.45 of the Zoning Ordinance) Even though the Marea -Aviara Planning Area 12 is subject to the Aviara Master Plan, some of the master plan development standards and design guidelines refer back to the Zoning Ordinance. Pursuant to that reference, the clustered single family condominium proposal is subject to the Planned Development requirements regarding recreation facilities, private streets, recreational vehicle storage and storage space. Table 3 below details the project's conformance with those requirements. r-- 1 MP 177(L)/LCPA 95-13/ti· 89-39(A)/PUD 89-19(A) MAREA -AVIARA Pl.ANNING AREA 12 NOVEMBER 15, 1995 PAGES TABLE 3 -PLANNED DEVELOPMENT ORDINANCE CONFORMANCE MASTER PLAN REQUIREMENT PROPOSED PLAN CONFORMANCE Recreation area: 200 square feet per unit All but 11 units have 15'x15' yards (225 sq ft each), all other rear yards measure over 250 sq ft each and total Yes common recreation area is 13,504 square feet (133 sq ft/unit). Private street: 32 feet wide, parking one side Main spine street measures 32 feet wide, parking on one side and Yes sidewalks on both sides. RV storage: 20 square feet per unit All planning areas covered by Aviara Yes master plan recreational storage area. Storage space: 480 cubic feet per unit All homes contain at least 480 cubic Yes feet on internal storage. F. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance) Marea -Aviara Planning Area 12 is a residential project and, therefore, subject to the provision of all growth management facilities. Table 4 below details the project's compliance with the standards of the Growth Management Ordinance. TABLE 4 -GROWfH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration 351.1 sq ft Yes Library 187.3 sq ft Yes Waste Water Treatment 101 EDU Yes Parks 0.7 acres Yes Drainage PIDAD Yes Circulation 1,010 ADT Yes Fire Fire Stations #2 and #4 Yes Open Space 4.54 acres Yes Schools Not Applicable Yes Water 22,220 GPO Yes MP 177(L)/LCPA 95-13/t-✓1· 89-39(A)/PUD 89-19(A) MAREA -AVIARA PI.ANNING AREA 12 NOVEMBER 15, 1995 PAGE9 G. Zone 19 Local Facilities Management Plan The proposed clustered single family condominium project lies within Local Facilities Management Zone 19 and is not subject to any special conditions involving facilities. The project is required to adhere to all conditions and mitigation measures which are required as part of the Zone 19 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. The project is therefore consistent with the Local Facilities Management Plan for Zone 19. H. Subdivision Ordinance (11tle 20 or the Municipal Code) The Carlsbad Municipal Code requires a subdivision map to be filed in accordance with Title 20 for any subdivision project. Accordingly a tentative tract map revision is being processed with the clustered single family condominium proposal. CT 89- 39(A) would create a total of 21 lots; 10 lots that include 101 single family, air-space condominiums, 5 street lots and 6 open space lots. As conditioned the project would provide all necessacy improvements and all of the findings required by Title 20 can be made and are contained in Planning Commission Resolution No. 3842, dated November 15, 1995. The project is therefore consistent with Title 20, the Subdivision Ordinance. V. ENVIRONMENTAL REVIEW The proposed revisions to the master plan, local coastal program and approved tentative tract map and planned unit development permit for Planning Area 12 were reviewed with respect to their potential environmental impacts, pursuant to the California Environmental Quality Act, the State CEQA Guidelines, and Title 19 -the Environmental Protection Ordinance. The project site has undergone two previous environmental reviews: the certified Environmental Impact Report for the Aviara Master Plan (EIR 83-02(A)), and the Conditional Negative Declaration for Aviara Planning Area 12 development (CT 89-39). Upon review of the current proposal, it has been determined that this is a reduced project and that there will be no additional significant effects that were not analyzed in the previous environmental reviews. The current proposal conforms to the parameters established through the previous reviews and all adjustments necessacy to reduce impacts to a level of insignificance have already been implemented or are incorporated into the project design. Therefore, no mitigation measures are required with this proposal. With regard to air quality and circulation impacts, the City's MEIR found that the cumulative impacts of the implementation of projects consistent with the General Plan are significant and adverse due to regional factors, therefore the City Council adopted a statement of overriding consideration. The project is consistent with the General Plan and as to these effects, no additional environmental document is required. MP 177(L)/LCPA 95-lkf 89-39(A)/PUD 89-19(A) MAREA -A VIARA PLANNING AREA 12 NOVEMBER 15, 1995 PAGE 10 Considering the adequacy of the previous environmental review on the site, the project qualifies as a subsequent development as identified in Section 21083.3 of the California Environmental Quality Act. Therefore, the Planning Director issued a Notice of Prior Environmental Compliance on March 23, 1995, a copy of which is attached to this report and on file with the Planning Department. ATTACHMENTS 1. Planning Commission Resolution No. 3840 2. Planning Commission Resolution No. 3841 3. Planning Commission Resolution No. 3842 4. Planning Commission Resolution No. 3843 5. Location Map 6. Notice of Prior Environmental Compliance, dated March 23, 1995 7. Environmental Impact Assessment Form, Part II, dated February 23, 1995 8. Background Data Sheet 9. Local Facilities Impact Assessment 10. Disclosure Statement. MG:kr AIRPORT ........... : • • • • • • • • • • • • • :-.u•-: : .......... : : . . , ...... • • • • • • • • • • \ ---,,. , ......... . • • • • • • • -• • • • • • • • • • • -. • • -. • • • • ........... BATIQ{JITOS LAGOON • • • .. ........ . • • @ MAREA -AVIARA P. A. 12 MP 177(L}/LCPA 95-13/CT 89-39{A)/ PUD 89-19(A) -e Cit}' of Carlsbad. MWGi,ilihi·l•M•Silh,iAOI PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: Project Locatio~: Project Description: 'd' BREZZA -A VIARA Pl.ANNING AREA 12 A pregraded pad on the south side of Alga Rc;,ad, between Black Rail Court and Blue Heron Way in Phase,. I of the Aviara Master Plan. Tentative tract map, planned unit development permit, and master plan amendment to allow the development of a 107 unit, · single family clustered development within an ~xisting vacant residential pad in Aviara Planning Area 12. . . Justification for this determination is on file in the Planning Department, Community Development, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within twenty (20) days of date of publication. DATED: MARCH 23, 1995 ~GQ, M~LER. ' CASE NO: CT 89-39(A)/PUD 89-19(A) Planning Director APPLICANT: 'd' BREZZA -AVIARA Pl.ANNING AREA 12 PUBUSH DATE: MARCH 23, 1995 MO:vd 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438.-1161 --ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART Il (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. SOP 83-1 l(Fl/CUP 94-09 DA TE: February 23, 1995 . BACKGROUND 1. CASE NAME: 'd' Brezza -Aviara Planning Area 12 .2. APPLICANT: Chanco Develo_pment Com. 3. ADDRESS & PHONE NUMBER OF APPLICANT: 209 Avenida Del Mar, Suite -204, San Clemente, CA 92672 (714) 498-2324 4. DATE BIA FORM PART I.SUBMITTED: ...:J==an=uary=-'--=24..,_.,-=1=99=5'------------------ 5. PROJECT DESCRIPTION: Tentative tract map, planned unit development pennit, and master plan amendment to allow the development of a 107 unit, single family clustered development within an existin~ vacant residential pad in Ayiara Planning Area 12. · · · SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least · one impact that is a "Potentially Significant Impact", or "Potentially Significant hnpact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. · _ Land Use and Planning _ Population and Housing _ Geological Problems Water _ Air Quality _ Transportation/Circulation _ Public Services _ Biological Resources _ Utilities and Service Systems _ Energy and Mineral Resources _ Aesthetics Hazards _. Cultural Resources Noise _ Recreation _ Mandatory Findings of Significance I -1 Rev. 1/30/95 DETERMINATION. (To be completed by the Lead Agency). Ori the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an: attached sheet have ~n added to the project. A NEGATIVE DECLARATION will be p~pared. 0 I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required 0 I find that the proposed project MAY have significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earli~ document pursuant to applicable legal standards, and 2) has - been addressed by mitigation measures based on the earlier analysis as described on attached sheets,_ if the .effect is a ''potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT/MITIGATE NEGATIVE DECLARATION is required, but it mu~ analyze only' the effects that remain to be addressed. · D I find that although the proposed project could have a significant effect on the environment, there W)LL NOT be a significant effect in this case because all potentially significant effects (a) have been ana~yzed adequately in an earlier EIR / MITIGATED NEGATIVE DECLARATION pursuant to applicable standards and {b) have been avoided or mitigated pursuant to that earlier EIR / MITIGATED NEGATIVE · DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. X Date Date I-2 Rev. 1/30/95 -ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, OJ.apter 3, Article 5, Section 15063 requires that the City ~nduct an Environmtmtal Impact Assessment to detennine if a project may have a significant effect on the environment The Environmental Impact Assessment appean in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declarati~n, 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 11.dequately 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 Iµipact." 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 Si~ficant Impact" is appropriate if there is substantial evidence that an effect is significant. • Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on· the environment, but all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b} have been avoided ot mitigated pursuant to that earlier EJR or Mitigated Negative Declaration, including revisions Qr mitigation measures • that are imposed upon the proposed project, then no additional environmental document is reqttlred (Prior Compliance}. •· 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. • 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 "Potentjally Significant Imp~t Unl~ Mitigation Incorporated" may be checked and a Mitigated Negative Peclaration ~;Y be prepared. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an. EJR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable ~45 and the effect will be mitigated, or a "Statement of Overriding Considerationsn has been made pursuant to ~t earlier EIR. 1-3 Rev. 1/30/95 --• An BIR nmn be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures_ that redu~ the impact to less than significant; (2) a "Statement of Ovemding 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 BIA-Part II analysis it is not possible to determine the level of significance for a .potentially adverse effect, or detemtine 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 DI_SCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 1-4 Rev. 1/30/95 -Potentially Significant Potentially Unless Lea Than Significant Mitigation Sigiliticint No ~es (and Suppa-ting Inf<XIDati<m Soun:es): Impact Inarpaated Impact 4opact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? (Source #(s): #1, pg 8) X --- b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#1, pg 8) _x_ c) Be incompatible with existing land use in the vicinity? (#1, pg 8) L d) Affe.ct agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (#1, pg 7) L e) Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? (#1, pg 8) -· L II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#1, pg 8) -·-..L b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#1, pg 8) .x... c) Displace existing housing, especially affordable housing? (#1, pg 8) • -L 1-5 Rev. lf30/9S -e· Potentially Significant Potentially Unless Less Than Significant Mitigation Si,snificant No Ismes (and Suppating IDfmnatim Som:es): Impact lnccxp(rated Impact ln,lplct Ill. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (#1, ·pg 6) .x... b) Seismic ground shaking? (#1, pg 6) _x_ c) Seismic ground failure, including liquefaction? (#1, pg 6) _x_ d) Seiche, tsunami, or volcanic hazard? (#1, pg 6) _x_ e) Landslides or mudflows? (#1, pg 6) _x_ f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#1, pg 6) _x_ g) Subsidence of the land? (#1, pg 6) L h) Expansive soils? (#1, pg 6) -·-..x... i) Unique geologic or physical features? (#1, pg 6) _x_ IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#1, pg 7) _x_ b) Exposure of people or property to water related hazards such as flooding? (#1, pgs 6 & 7) .x..:. 1-6 Rev. 1/30/95 . 1-im (and Supp<Xting Inf(X'Illatioo Som:es): c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#1, pg 7) d) Changes in the amount of surface water in any water body? (#1, pg 7) e) Changes in currents, or the course or direction of w~ter movements? (#1, pg 7) f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#1, pg 7) g) Altered direction or rate of flow of groundwater? (#1, pg 7) h) Impacts to groundwater quality? (#1, pg 7) i) Substantial reduction in the amount of groundwat~r otherwise available for public water supplies? (#1, pg 7) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#1, pg 6) - b) Expose sensitive receptors to pollutants? (#1, pg 6) c) Alter air movement, moisture, or temperature, or cause any change in climate? (#1, pg 6) d) Create objectionable odors? (#1, pg 6) 1-7 Potentially Significant Impact - Potentially Significant Unless Mitigation lncapcrated - Less Than Significant -No Impact Impact Rev. 1J30/9S .x... .x... .x... .x... .1L .x... mues <and Suppcmig Infoo:natim Soun:es): VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (#1, pg 8) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#1, pgs 8 & 9) c) Inadequate emergency access ~r access to nearby uses? (#1, pgs 8 & 9) d) Insufficient parking capacity on-site or off-site? (#1, pg 8) e) Hazards or barriers for pedestrians or bicyelists? (#1, pg 8) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus tum.outs, bicycle racks)? (#1, pgs 8 & 9) g) Rail, waterborne or air traffic impacts? (#1, pg 9) VII. BIOLOGICAL lIB$0URCES. 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? (#1, pg 7) b) Locally designated species (e.g. heritage trees)? (#1, pg 7) 1-8 Potentially Significant Impact e Potentially Significant Unless Mitigat_ion lnarpcxated Less Than Significant Impact Rev. 1/'30/95 No Jmpact .x... .x_ ..x.. Is.,ues (and Suppatiae lnfcxmiaOll Soun;es); c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#1, pg 7) d) ·wetland habitat (e.g. marsh, riparian and vernal pool)? (#1, pg 7) e) Wildlife dispersal or migration corridors? (#1, pg 7) VIll. ENERGY AND M1NERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? (#1, pg 7) b) Use non-renewable resources in a wasteful and inefficient manner? (#1, pg 7) 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? (#1, pg 7) 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? (#1, pg 8) b) Possible interference with an eniergency response plan or emergency evacuation plan? (#1, pg 9) c) The creation of any health hazard or potential health hamrd? _(#1, pg 8) · d) Exposure of people to existing so~ces of potential health hazards? (#1, pg 8) 1-9 Potentially Significant Impact - Potentially Significant Unless Mitigation Incapcrated Less Than Significant Impact Rev. l{J0/95 No Impact JL ! . I lssuct (and Suppcrting Infmnaticn Sources): e) Increase fire hazard in areas with flammable brush, grass, or trees? {#l, pg 8) X. NOISE. Would the proposal result in: XI. xn. a) Increases in existing no~ levels? (#1, pg 8) b) Exposure of people to severe noise levels?-(#1, pg 8) PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#1, pg 8) b) Police protection? (#1, pg 8) c) Schools? (#1, pg 8) d) Maintenance of public facilities, including roads? (#1, pg 8) e) Other governmental services? {#1, pg 8) 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? (#1, pg 8) b) Communications systems? (# 1, pg 8) I-10 Potentially Significant Impact - Potentially Significant Unless Mitigation lncapcx' ated Less Than Significant impact --- - aev. l/30/9S No. IDipact _L .x_ _x_ ..L .x.. _x_ L ..L Isues (and Suppa:tq Infoonatim Solm:es): c) Local or regional water treatment or distribution facilities? (#1, pg 8) d) Sewer or septic tanks? (#1, pg 8) e) Storm water drainage? (#1, pg 8) f) Solid waste disposal? (#1, pg 8) g) Local or regional water supplies? (#1, pg 8) XTII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? (#1, pg 9) b) Have a demonstrable negative aesthetic effect? (#1, pg 9) c) Create light or glare? (#1, pg 8) XIV. CULTURAL RESOURCES. Would the proposal: a) . Disturb paleontological resources? (#1, pg 7) b) Disturb archaeological resources? (#1, pg 7) c) Affect historical resources? (#1, pg 7) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#1, pg 7) e) Restrict existing religious or sacred uses within the potential impact area? (#1, pg 7) I -11 Potentially Significant Impact -Potentially Significant Unless Mitigation lnc:crp(xated Less Than Significant Impact -- Rev. 1/30/95 No lmplct _x_ ·_x_ ·Is.mes (and SuppMing lnfmnatiOD Sources): XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational faciliti~? (#1, pg 9) b) . Affect existing recreational opportunities? (#1, pg 9) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wild life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (' 1Cumulatively considerable• means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? I -12 Potentially Significant Impact -Potentially Signif'icaDt Unlea Mitigation lncapcrated Less Than Significant Impact Rev. -l/30f)S No Impact .x_ - XVII. EARLIER ANALYSES. Reference #1 - · Earlier analyses has been_ conducted on the project site and involved the potential impacts of this ptopo-1. The analysis can be found in the Negative Declaration for Aviara Planning Area 12 (CT 8.9-39/PUD 89- 19), dated July 5, 1990 and on file in the City of Carlsbad Planning Department. The potential impacts addressed in this earlier analysis included land use and planning, population and housing, geological problems, water, air quality, transportation/circulation, biological resources, energy and mineral resources, haz.ards, noise, public services, utilities and service systems, aesthetics, cultural resources, recreation, and mandatory findings of significance. Mitigation measures for noise impacts from Alga Road in the form of noise walls and inte:mal mechanical ventilation were needed and incorporated into the Negative Declaration. These mitigation measures have already been incorporated into the proposed project and, therefore, no additional mitigation measures are needed. · I -13 Rev. 1/30/9S -DISCUSSION OF ENVIRONMENTAL EVALUATION ..... I -14 Rev. 1/30/95 · LIST MITIGATING MEASURES CIF APPLICABLE} ATTACH MITIGATION MONITORING PROGRAM <IF APPLICABLE) I -15 Rev. ·1/30/95 • APPLICANT CONCURRENCE WITH MITIGATION MEASURES Date nns IS TO CERTIFY 1HAT I HA VE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR Wl1H THE ADDmON OF THESE MEASURES TO THE PROJECT. Signature I -16 Rev. 1/30/95 -BACKGROUND DATA SHEET e CASE NO: MP 177<L}JLCPA 95-13/CT 89-39{A}/PUD 89-19{A) . CASE NAME: Marea -Aviara Planning Area 12 APPLICANT: Chanco Develomnent REQUEST AND LOCATION: Develmnnent of a 101 unit clustered, single family condominium air-space subdivision within A viara Planning Area 12, located on the south side of Alga Road, between Black Rail· Court and Blue Heron Way, in Local Facilities Management Zone 19. · LEGAL DESCRIPTION: Lot 230 of Carlsbad Tract 83-35, Aviara Phase I Unit "D",, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 12412. ·med· in the Office of the County Recorder .June 29, 1989. APN: 215-612-10 Acres ..ll:l.. Proposed No. of Lots/Units 21 lots; 101 units (Assessor's Parcel Number) GENERAL PLAN AND ZONING Land Use Designation Residential -Medium Density {RM) Density Allowed 4.0 -8.0 du/ac Density Propqsed S.S du/ac Existing Zone P-C Proposed Zone _.N...,,/.._.A,..__ __ Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning LandU~ Site P-C Vacant residential pad ----------------------North South East. West P-C P-C P-C P-C School District --=Car=ls=ba=d'--_ - Information and Sales center Open Space and Golf Course Destination Resort Hotel Open Space and Golf Course PUBLIC FACILITIES Water District _Car==lsb...,a ___ d ____ Sewer District Carlsbad Equivalent Dwelling Units (Sewer Capacity) ...11~0~1------------------~ Public Facilities Fee Agreement, dated -..:=Oc:.:::;t!::::=o~be~r ..... 1~8~19~9w4 _______________ __,... ENVIRCJNMENTAL IMPACT ASSESSMENT __ Negative Declaration, issued ______________________________ __._ ____ __ Certified Environmental Impact Report, dated _________________ _ .lL.. Other, _ _JN,.l!o~ti~· ce~o2;..rf..!.,Pri~·~ori:-.En~v~ir~o~nm=en=tal~Co~mWlp~li~anc=e~-----------...._-----M1rr:1ru:ir -CITY OF CARLSBAD -GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND JMPACT ASSESSMENT: FILE NAME AND NO: MP 177<L}JLCPA 95-13ICT 89-39{A)LPUD 89-19{A) -Marea -Aviara . Planning Area 12 . LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: RM ZONING: P-C DEVELOPER'S NAME: Chanco Development Con,. ADDRESS: 27611 La Paz Road, Laguna Niguel, CA 92607 PHONE NO.: (714) 643-7553 ASSESSOR'S PARCEL NO.: 215-612-10 '""""'-------------,-----,,. QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FI'., DU): .... 1-=8.=-2 _______ _ ESTIMATED COMPLETION DA TE: -=-D=ece=m=be=r, ..... 1....,99....._6,.__ _____________ ___,,......____ A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage • Library: Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage: Demand in CFS ,. Identify Dntinage Basin,. (Identify master plan facilities on site plan) Circulation: Demand in ADTs = (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. • Open Space: Acreage Provided - Schools: (Demands to be determined by staff) · Sewer: Water: Demand in EDUs - Identify Sub Basin - Demand in GPO - 351.1 sq. ft. _ 187.3. sg. ft. 101 EDU 0.7 acre NIA NIA 1.010 ADT 2&.4 4.54 acres NIA 101 EDU NIA - 22.220 GPO The project is 216 units below the Growth Management Dwelling unit allowance. MG:kr - City of Carlsb-ad · _.Y@YUUtlt•l•ii•tiihU§,11 DISCLOSURE STATEMENT A?PLJC).NT"S STATEMENT CF OISCLO~URE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETION~RY ACTION ON THE PART OF THE CITY COUNCIL. OR ANY APPOINTED BOARD. COMMISSION OR COMMITTEE. ,Please Print) -The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the appllcation • .- Kevin Lee David G. Gutierrez 1465 State Highway 31 209 Avenida Del Mar Annandale, New Jersey 08801 Suite 20'f -"'7s"""a-n~co;-,lr-e-m .... e_n...,.t_e_,-c,...a-. -9=2=-5=7=2--- 2. Owner List _the names and addresses of all persons having any ownership interest in the property ir:wolved. Kevin Lee · Aviara Land Associates Limited 1465 State Highway 31 Partnership · Annandale, New Jersey · 08801 2011 Palomar Airport Road David G. Gutierrez Suite 206 209 Avemda Del Mar, Suite 204 ...,C,...a_r...,l-s-b-ad-,-c-a-.-9-2-.0-0_9 ___ ....... __ San Clemente, Ca. 92672 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. 4. If any person identifled pursuant to (1) or (2J 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. FRM00013 8/90 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-11 s·1 - Disclosure Statement (Over) Page 2. 5. Have you had more·. than 5250 worth of business transacted with any member of City. staff, Soares Commissions, Committees and Council within the past twelve months? Yes _ No -2L If yes, please indicate person(s) ____ ·-~--------------- ~ i1 defined u: 'Any individual, firm. co partnership, joint venture. auociation. social club, fraternal organizatlon. corporation. estate. trust. receiver. syndicate, thia and any Qther county, city and county, City muruc,pality. diatnc:t or other PQlitical 1ubcliv1s1on, or any other group or comb1na11on acting as a unrt.' (NOTE: Attach additional pages as necessary.) Io t'1 '14- Aviara Land Associates Limited PartnershiR Print or type name of owner .. ·. ~00013 8190 Chanco Development Corporation -Ea s.t Print or type name of applicant Highlands