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Home My WebLink About1999-03-17; Planning Commission; ; MP 177X|LCPA 97-11|CT 97-20|PUD 97-17|CDP 97-51 - CRISTALLA - AVIARA PLANNING AREA 23-The City of Carlsbad Planning Departml A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: March 17, 1999 Item No.@ Application complete date: December 15, 1997 Project Planner: Michael Grim Project Engineer: Clyde Wickham SUBJECT: MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 -CRISTALLA - A VIARA PLANNING AREA 23 -Request for a Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Unit Development and Coastal Development Permit to allow the subdivision and construction of a 61 unit, single-family air-space condominium development on pregraded pads located in A viara Planning Area 23, . .at the northeast corner of Aviara Parkway and Black Rail Road, in Local Facilities Management Zone 19. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4470, 4471, 4472, 4473 and 4474, RECOMMENDING APPROVAL of MP 177(X), LCPA 97-11, CT 97- 20, PUD 97-17 and CDP 97-51, based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The proposal involves a 61 unit single-family, air-space condominium development in the previously graded A viara Planning Area 23, located at the northeast corner of A viara Parkway and Black Rail Road. The Master Plan Amendment and Local Coastal Program are proposed to change the Planning Area from a multifamily residential use to a single family residential use, as well as lowering the total unit yield. The Tentative Tract Map and Planned Unit Development are proposed to subdivide and construct the single-family, air-space condominiums, and a Coastal Development Permit is proposed for development in the Coastal Zone. The project conforms to all applicable regulations and staff has no issues with the proposal. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, Brehm-Aviara III Development Associates, is requesting approval of a Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Unit Development and Coastal Development Permit to allow the subdivision and construction of a 61 unit single-family condominium development in Aviara Planning Area 23. The 17.4 acre site is located on the northeast corner of A viara Parkway and Black Rail Road and is currently the location of the A viara Information Center. To the north of the site, across the master plan boundary, are agricultural operations. East and west of the site is native habitat and south of the site, across Aviara Parkway, is Marea (PA 12), a single-family condominium development. The l'\ . ., MP 177(X)/LCPA 97-11/.97-20/PUD 97-17/CDP 97-51 -cruslr.LA-AVIARA PA 23 March 17, 1998 p 2 site is currently mass graded in accordance with the Aviara Phase III Final Map and all facilities necessary to serve the proposed development are already in place or are currently being installed. The project would take access off of the currently improved Black Rail Road, with no access allowed onto Aviara Parkway. Planning Area 23 is zoned P-C (Planned Community) and designated for uses and development in accordance with the Planned Development Ordinance, as modified by the A viara Master Plan. The General Plan designation on the property is RM (Residential Medium Density), allowing from 4 to 6 dwelling units per developable acre. There are some existing steep slopes and a major power transmission line easement. Deducting these areas from the gross acreage yields approximately 14 developable acres, with a resulting project density of approximately 4.38 dwelling units per acre. Planning Area 23 has been the home of the Aviara Information Center since 1991. Despite its appearance, the Information Center is actually a modular building and is currently being dismantled and removed from the site. Planning Area 23 also contains the recreational vehicle (R.V.) storage area for the entire Aviara Master Plan, located within the SDG&E power transmission line easement that traverses the northeast comer of the Planning Area. The R.V. storage area, constructed in 1990, has been under the control and responsibility of the A viara Master Homeowner's Association and will continue to be maintained by the Master Association and to be available to all residents of A viara. Section II.E.15 of the A viara Master Plan requires the existence of a Master Homeowner' s Association and mandates that all Planning Areas be represented on the Master Association. The City is currently processing a Master Plan Amendment (MP 177(BB)), however, that would allow the A viara Master Plan to be covered by two Master Homeowner' s Associations. If approved, the discretionary action would permit the creation of a separate Master Homeowner' s Association for the Planning Areas located within A viara Phase III. Regardless of whether there is one Master HOA or two Master HOAs, all master plan facilities shall continue to be maintained and to be available to all Aviara residents. Condition number 11 of Planning Commission Resolution No. 4427 has been written to require annexation of Planning Area 23 into either the existing Aviara Master Homeowner's Association or, should two HOAs exist at the time of final map approval, the newly created Master Homeowner's Association. The Cristalla -Planning Area 23 proposal involves two components: a Master Plan Amendment and Local Coastal Program Amendment to revise the use allocations and development standards of the A viara Master Plan, which is also the Coastal Zone Implementing Ordinance for Planning Area 23; and, a Tract Map, Planned Unit Development· Permit and Coastal Development Permit to allow subdivision and construction of a 61 unit single-family, air-space condominium development. A copy of the revised master plan text is attached to Planning Commission Resolution No. 4470 and a redlined-strikeout version of the proposed master plan text changes is attached to this staff report. The Master Plan Amendment and Local Coastal Program Amendment would make the following revisions to the provisions for A viara Planning Area 23: • Reduce the total unit allocation from 142 units to 61 units. MP 177(X)/LCPA 97-11.' 97-20/PUD ~7-l~~CDP 97-51-CRILLA-AVIARA PA 23 March 17, 1998 p • Revise the allowed uses from multi-family residential to single-family, air-space condominiums. • Revise development standards to reflect the single-family, air-space condominium development, such as reduced building separation and an allowance for reduced front yards. Physically, the Cristalla -Planning Area 23 project involves 61 single-family structures taking access off of several private streets. As shown on Exhibit "B", dated March 17, 1999, the only lots proposed are those for phasing, with the individual homes being surrounded by exclusive use areas. The total amount oflots proposed is 26. These lots include private streets, internal project open space, project recreation areas, housing and the Master Plan R.V. storage site. Common passive recreation areas are distributed throughout the gated development and all existing open space is proposed to be preserved. The homes would range in size from approximately 2,500 square feet to 3,000 square feet. As shown on Exhibits "A" -1'-"W', elated March 17, 1999, the architectural style would be Mediterranean, in keeping with the design criteria of the A viara Master Plan. The Cristalla -A viara Planning Area 23 project is subject to the following regulations: A. General Plan; B. Local Coastal Program; C. Aviara Master Plan (MP 177 and its amendments); D. P-C -Planned Community Zone (Chapter 21.38 of the Zoning Ordinance); E. Planned Development Ordinance (Chapter 21.45 of the Zoning Ordinance); F. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); G. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance); H. Zone 19 Local Facilities Management Plan. IV. ANALYSIS The recommendation for approval of 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(X)/LCPA 97-11/.97-20/PUD 97-17/CDP 97-51-CRISlr,LA-AVIARA PA 23 March 17, 1998 Pa e4 A. General Plan The Cristalla -A viara Planning Area 23 project is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the air-space, single-family condominium project are the Land Use, Circulation, Housing, Public Safety and Open Space and Conservation 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 ELEMENT OBJECTIVE OR PROGRAM IMPROVEMENTS COMPLIANCE Land Use Site is designated for residential land Proposed density is 4.38 Yes use at a density of 4.0 to 6.0 du/ac. dwelling units per acre. ' ~ Circulation Require new developments to All street improvements construct all roadways needed to will be completed prior to, Yes serve the development prior to or or concurrent with, concurrent with needs. development. Housing Ensure that all master planned Master plan developer has communities and qualified constructed sufficient units subdivisions provide a range of in the Villa Loma housing for all economic income development to cover PA Yes ranges. 23 's affordable housing requirement. Public Safety Design all structures in accordance All building will meet UBC with the seismic design standards of and State seismic Yes the UBC and State building requirements. requirements. Provision of emergency water All necessary water mains, systems and all weather access roads. fire hydrants and appurtenances must be installed prior to occupancy and all weather access Yes roads will be maintained throughout construction. Open Space Minimize environmental impacts to Project maintains amount and sensitive resources in the City. of native habitat and Yes Conservation erosion control during grading reduces sedimentation of the lagoon. MP 177(X)/LCPA 97-11/197-20/PUD 97-17/CDP 97-51 -CRI.ALLA-AVIARA PA 23 March 17, 1998 Pae 5 B. Local Coastal Program The Cristalla -A viara Planning Area 23 site lies within the Mello I segment of the City's Coastal Zone and is subject to the corresponding land use policies and implementing ordinances. The implementing ordinance for those portions of Mello I within A viara are contained in the A viara 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 segment emphasize topics such as preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access and prevention of geologic instability and erosion. The land uses allowed through the LCP segments are the same as those allowed through the A viara Master Plan, therefore the proposed residential uses are consistent with the LCP. All steep slopes with native vegetation were preserved through the tentative tract map for Aviara Phase III (CT 92-03) and no encroachment is proposed with the resi.'dential construction. The current erosion control standards of the Engineering Department will be maintained throughout the project site to deter erosion and potential lagoon -sedimentation. No agricultural lands exist on the project site, therefore no impacts to such will occur. The project site is located 0.18 miles from the Batiquitos Lagoon and 0.38 miles from the Pacific Ocean, therefore no existing or future coastal access routes exist through the site. No significant visual resources exist on or near the graded project site. Given the above, the project is consistent with the Mello I land use policies. C. A viara Master Plan According to the A viara Master Plan, all development within Planning Area 23 is to follow the requirements of the Planned Development Ordinance, except as modified in the master plan. Most of the development standards, such as use allocation, building height, setbacks and design criteria are contained in the master plan and are therefore discussed below. Some of these standards, namely use allocation and front yard setbacks, are part of the proposed Master Plan Amendment, therefore the project is internally consistent with those proposed standards. Table 2 below details the project's conformance to these master plan standards and criteria. TABLE 2 -A VIARA MASTER PLAN CONFORMANCE MASTER PLAN REQUIREMENT PROPOSED PLAN COMPLIANCE Building Height: Maximum of 30 feet All units measure between 26 and Yes 28 feet high. A viara Parkway setback: Minimum of 50 feet All units are at least 50 feet from Yes Aviara Parkway. MP 177(X)/LCPA 97-11/.97-20/PUD 97-17/CDP 97-51 -cruslr.LA-AVIARA PA 23 March 17, 1998 TABLE 2 -A VIARA MASTER PLAN CONFORMANCE MASTER PLAN REQUIREMENT PROPOSED PLAN COMPLIANCE SDG&E easement setback: Minimum of 30 feet All units are at least 30 feet from Yes the SDG&E power line easement. Front yard setback: Minimum of 20 feet ( except as All garages facing the street are Yes proposed for amendment) setback a minimum of20 feet. As shown in Table 2 above, the developer has met or exceeded compliance with the master plan development standards. Therefore, the proposed single-family air space condominium project is consistent with the provisions of the Aviara Master Plan. D. Planned Community Zone The underlying zoning of the proposed Cristalla -Aviara Planning Area 23 project site is P-C, Planned Community. In accordance with that designation, the A viara Master Plan was created to implement that zoning. No specific development standards or design criteria exist in the P-C zone, however, and all applicable standards and criteria are contained within, or referenced by, master plan documents. Therefore, conformance with the master plan requirements also indicates conformance with the Planned Community Zone. With regard to the zoning contained in the A viara Master Plan, development within Planning Area 23 shall be a maximum of 142 multifamily units, developed in accordance with the Planned Development (PD) Ordinance (Chapter 21.45 of the Zoning Ordinance). The proposed amendments to the Master Plan and Local Coastal Program would revise this use allocation to a maximum of 61 single family, air-space condominiums. The requirements for development in conformance with Planned Development Ordinance are not being revised and are still in effect. E. Planned Development Ordinance While the Cristalla -Aviara Planning Area 23 project is subject to the A viara Master Plan (MP 177 and its amendments), some of the master plan deyelopment standards and design criteria refer back to the Zoning Ordinance, specifically the Planned Development Ordinance. Pursuant to that reference, the single family air space condominium project is subject to the Planned Development requirements regarding recreation facilities, private streets, recreational vehicle storage and internal storage space. Table 3 below details the project's conformance with those requirements. MP 177(X)/LCPA 97-11. 97-20/PUD 97-17/CDP 97-51 -cru&LA -AVIARA PA 23 March 17, 1998 a 7 TABLE 3 -PLANNED DEVELOPMENT ORDINANCE CONFORMANCE PD ORDINANCE PROPOSED PLAN CONFORMANCE REQUIREMENT Recreation Area: 200 square feet per unit Total common recreation area Yes (with 100 sq ft credit for provided is 6,100 square feet and units with 15'xl5' rear all units have rear yards of yards) minimum 15 feet by 15 feet. Private Street: 30 feet, no parking Proposed internal streets measure Yes 32 feet, parking on one side 32 feet, allowing parking on one side. RV Storage: : :: 20 square feet per unit All planning areas covered by Yes A viara master plan recreation vehicle storage area. Storage Space: 480 cubic feet per unit All homes contain at least 480 Yes cubic feet of internal storage. Given the above, the proposed development is consistent with the Planned Development Ordinance, Chapter 21.45 of the Zoning Ordinance. F. Subdivision Ordinance Title 20 of the Carlsbad Municipal Code (C.M.C.) details the procedures and requirements for a Tentative Subdivision Map. There are a variety of findings and circumstances that must be found in order to approve a Tentative Map. These findings center around preventing easement and/or title conflicts and providing adequate street, drainage and other infrastructure improvements. The necessary findings also include consistency of the subdivision with Title 19 (Environment Ordinance) and Title 21 (Zoning Ordinance) of the C.M.C., which is demonstrated in the other sections of this report. The existing lots composing A viara Planning Area 23 were legally created through the A viara Phase III Master Tentative Map and all necessary street dedications for the adjacent roadways have been completed. All required improvements, such as streets, sewer lines, storm drains, and water lines are already in place, or will be in place prior to, or concurrent with, development in accordance with the City's Growth Management Program. Given this, the project is consistent with the Subdivision Ordinance. MP 177(X)/LCPA 97-11/.97-20/PUD 97-17/CDP 97-51-CRIS,ALLA-AVIARA PA 23 March 17, 1998 p G. Growth Management Ordinance The Cristalla -Aviara Planning Area 23 proposal is a residential project and, therefore, subject to the provision of all growth management facilities. Table 4 below details the project's compliance with the standards of the Growth Management Ordinance. TABLE 4 -GROWTH MANAGEMENT COMPLIANCE Standard Impacts/Standard Compliance City Administration 491.57 sq ft Yes Library 262.14 sq ft Yes Waste Water Treatment 61 EDU Yes Parks 0.98 acres Yes ~ .,. Drainage PLDAD Yes Circulation 610ADT Yes Fire Station# 4 Yes Open Space NIA Yes Schools C.U.S.D. Yes Water 13,420 GPD Yes The project is 81 units below the Growth Management Control Point. Given the above, the Cristalla -Aviara Planning Area 23 project is consistent with the Growth Management Ordinance. H. Zone 19 Local Facilities Management Plan Local Facilities Management Zone 19 covers the entire Aviara Master Plan, including Planning Area 23. No special development requirements, such as roadway construction or other infrastructure requirements, apply to this 61 unit residential development. The LFMP does require that all facilities needed to serve the development be in place concurrent with, or prior to, need. The Cristalla -Aviara Planning Area 23 project, as conditioned, will be served with all utilities and improvements prior to occupancy of any unit. The project is also conditioned to pay the required public facilities fee prior to issuance of building permits. Therefore, the proposed project is consistent with the Zone 19 LFMP. V. ENVIRONMENTAL REVIEW Earlier environmental analyses have been completed for the project site on several occasions. One is the Master Environmental Impact Report for the City's 1994 General Plan Update (MEIR 93-01) reviewed the potential impacts of buildout of the City's General Plan, including transportation and air quality impacts. Another source is the Environmental Impact Report for MP 177(X)/LCPA 97-11. 97-20/PUD ~7-17/CDP 97-51 -CRI-ALLA-AVIARAPA 23 March 17, 1998 p e the Pacific Rim Country Club and Resort (EIR 83-02(A) for CT 85-35/MP 177) certified on December 8, 1987, analyzed all of the potential impacts for the development and occupation of the over 2,000 units residential master plan (now known as Aviara) with its associated 18 hole golf course, 550 room hotel, sports. club and neighborhood commercial site, including development of Planning Area 23. The third previous environmental document is the Mitigated Negative Declaration for the Aviara Phase III Master Plan Amendment (CT 92-03/MP 177(G)), approved January 25, 1994, which reviewed the grading and construction related to the development of Phase III, including development of Planning Area 23. The fourth previous environmental document is the Negative Declaration and MEIR Addendum for the Aviara Planning Area 23 Master Plan Amendment and General Plan Amendment (MP 177(R)/GPA 96- 02), which reviewed the potential environmental impacts associated with development A viara PA 23 with up to 142 residential units. The City has received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection "level of service" ,LOS) ·failure at Palomar Airport Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a changed circumstance negating reliance on previous environmental documentation. Pursuant to § 15162 of the CEQA Guidelines a lead agency must prepare a "Subsequent" environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstance exists. However, case law has interpreted this section of the CEQA Guidelines to not require the preparation of a "Subsequent EIR" if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right tum lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection "short-term improvements" thereby, guaranteeing mitigation to a level of insignificance. ATTACHMENTS: 1. Planning Commission Resolution No. 4470 (MP) 2. Planning Commission Resolution No. 4471 (LCPA) 3. Planning Commission Resolution No. 4472 (CT) 4. Planning Commission Resolution No. 4473 (PUD) 5. Planning Commission Resolution No. 4474 (CDP) 6. Location Map 7. Disclosure Statement 8. Notice of Prior Environmental Compliance, dated July 24, 1998 9. Environmental Impact Assessment Form, dated July 20, 1998 10. Local Facilities Impact Assessment Form 11. Background Data Sheet 12. Redlined/Strikeout version of proposed Master Plan Amendment text 13. Exhibits "A" -"W'', dated March 17, 1999. - :-,u19: ··········= : • • .. • • -• • -... AflPORT 1111111111•• • • • • • • • • • • • • • • • • • • • • • • . .. • • • • • • • • • • • • 11111•• • • • • • • • • • • • • • • • • • • • ),, , i ~ 'SITE ':11111111•: • BATIQUn'OS LAGOON CRIST ALLA -AVIARA P.A. 23 MP 177(X)/LCPA 97-11/CT 97-20/ PUD 97-17/CDP 97-51 -' < w a: -. City -of Carlsbad ■ A 61,i ., 111• • •l§•ki, i, ,i§ ,ii DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information must be disclosed: 1. 2. APPLICANT List the names and addresses of all persons having a financial interest in the application. Brehm-Aviara III Development Associates, L.P . • . . OWNER List the names and addresses of all persons having any ownership interest in the property involved. Aviara Land Associates, L.P. 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 for Applicant See attached for Owner 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. 2075 Las Palmas Dr.• Carlsbad. CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 5. Have you had rr..:_ than $250 worth of business tra 1cted with any member of City staff, Boar(19Commissions, Committees and/or •ncil within the past twelve (12) months? D Yes D 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 county, city and county, city municipality, district or other political .subdivision or any other group or combination acting as a unit.• NOTE: Attach additional sheets if necessary. AVIAP-,A ~~ PdlOCJA-CO) L-P. By:➔ Cu,tvvJ - Signature of owner/date AVlflU LA~ AJJIX..t/l1£.£ . L.f. I Print or type name of owner Disclosure Statement 10/96 See below Signature of applicant/date = BREHM-AVIARA III DEVELOPMENT ASSOCIATES, L! Print or type name of applicant BREHM-AVIARA III DEVELOPMENT ASSOCIATES, LI 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 company, its manager by: Page 2 of 2 tity of c!irlsbad •AEih,ii,i·l•J4·Elii,,14hl 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: CRISTALLA -AVIARA PLANNING AREA 23 ::: Project Location: Northeast corner of Aviara Parkway and Black Rail Court, City of Carlsbad, County of San Diego, State of California. Project Description: Master Plan Amendment, Local Coastal Program Amendment, Tract Map, Planned Development Permit and Coastal Development Permit to change the use allocations in Planning Area 23 from multi-family residential to small-lot single family residential, subdivide the property and develop 61 single family units. Justification for this determination is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of publication. DATED: CASE NO: CASE NAME: PUBLISH DATE: April 17, 1998 MP 177(X)/LCPA 97-11 /CT 97-20/PUD 97-17/CDP 97-51 CRIST ALLA -AVIARA PA 23 April 17, 1998 MICHAELJ.HLZLER Planning Director 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 - ENVIRONMENTAL IMPACT ASSESSMENT FORM-PART Il (TO BE COMPLETED BY THE PLANNING DEPARTMENT) BACKGROUND CASE NO: MP 177{X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 DATE: April 10, 1998 1. CASE NAME: Cristalla -A viara Planning Area 23 2. APPLICANT: The Brehm Communities 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2835 Camino del Rio South, Suite 220, San Diego, CA 92108 {619) 293-7090 4. DA TE EIA FORM PART I SUBMITTED: =D...;;.ec=e=m=b=er=-=-14,..,.,._19 ..... 9 __ 7 __________ _ = 5. PROJECT DESCRIPTION: Master Plan Amendment and Local Coastal Program Amendment to change the use allocations in Aviara Planning Area 23 from multi-family residential to small-lot single family residential; and a Tentative Tract Map, Planned Unit Development Permit and Coastal Development Permit for a 61 unit, small-lot single family development. located on the northeast corner of A viara Parkway and Black Rail Court, City of Carlsbad, County of San Diego. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. D Land Use and Planning D Population and Housing D Geological Problems D Water D Air Quality O Transportation/Circulation O Biological Resources O Public Services D Utilities & Service Systems O Energy & Mineral Resources O Aesthetics D Hazards D Noise 0 Cultural Resources D Recreation 0 Mandatory Findings of Significance I Rev. 03/28/96 DETERMINATION. - (To be completed by the Lead Agency) D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. D I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENT AL IMP ACT REPORT is required. D I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on .attachecl sheets. An is required, but it must analyze only the effects that remain to be addressed. ~ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in earlier EIRs and a Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIRs and Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Date 4-J,o/ qe Date r I 2 Rev. 03/28/96 ENVIRONMENTAL IMP,TS - STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the ftnpact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. • Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03/28/96 -- • If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR must be prepared if "Potentially Significant Impact" is checked. and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards. and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. . A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 03/28/96 -Issues (and Supporting Information Sources). I. II. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): (#1, pgs 5.6-1 -5.6-18; #2, pgs 4-1 - 4-26, #3, pgs 11-12; #4, pg IO) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#1, pgs 5.6-1 -5.6-18; #2, pgs 4-1 - 4-26, #3, pgs 11-12; #4, pg IO) c) Be incompatible with existing land use in the vicinity? (#1, pgs 5.6-1 -5.6-18; #2, pgs 4-1 -4- 26, #3, pgs I 1-12; #4, pg 10) d) Affect agricultural resources or operations (e.g. impacts to soils or fannlands, or impacts from incompatible land uses? (#1, pgs 5.6-1 -5.6-18; #2, pgs 4-1 -4-26, #3, pg 11; #4, pg 10) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (#1, pgs 5.6-1 -5.6-18; #2, pgs 4-1 -4-26, #3, pgs 13-14; #4, pg 10) POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#1, pgs 5.5-1 -5.5-6; #2, pgs 4-l -4-26; #3, pg 13; #4, pg IO) 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, pgs 5.5-1 -5.5-6; #2, pgs 4-1 - 4-26; #3, pg 13; #4, pg IO) c) Displace existing housing, especially affordable housing? (#1, pgs 5.5-1 -5.5-6; #2, pgs 4-1 -4-26; #3, pg 13-14; #4, pg IO) Ill. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (#1, pgs 5.1-1 -5.1-15; #2, pgs 4- 150 -4-156; #3, pg 7; #4, pg 9) b) Seismic ground shaking? (#1, pgs 5.1-1 -5.1-15; #2, pgs 4-150 -4-156; #3, pg 7; #4, pg 9) c) Seismic ground failure, including liquefaction? (#1, pgs 5.1-1 -5.1-15; #2, pgs 4-150 -4-156; #3, pg 7; #4, pg 9) d) Seiche, tsunami, or volcanic hazard? (#1, pgs 5.1-1 -5.1-f5; #2, pgs 4-150 -4-156; #3, pg 7; #4, pg 9) e) Landslides or mudflows? (#1, pgs 5.1-1 -5.1-15; #2, pgs 4-150 -4-156; #3, pgs 7-8; #4, pg 9) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#1, pgs 5.1-1 -5.1-15; #2, pgs 4-150 -4-156; #3, pgs 7-8; #4, pg 9) 5 Potentially Significant Impact □ □ □ □ □ 1" □ □ □ □ □ □ □ □ □ -Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ No Impact Rev. 03/28/96 Issues (and Supponing Infonn!n Sources). Potentially e. Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated g) Subsidence of the land? (#1, pgs 5.1-1 -5.1-15; □ □ □ ~ #2, pgs 4-150 -4-156; #3, pgs 7-8; #4, pg 9) h) Expansive soils? (#1, pgs 5.1-1 -5.1-15; #2, pgs 4-□ □ □ ~ 150 -4-156; #3, pg 7; #4, pg 9) i) Unique geologic or physical features? (#1, pgs 5.1-□ □ □ ~ 1 -5.1-15; #2, pgs 4-150 -4-156; #3, pgs 7-8; #4, pg 9) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or □ □ □ the rate and amount of surface runoff? (#1, pgs 5.2-1 -5.2-11; #2, pgs 4-110 -4-118; #3, pg 8; #4, pg 9) b) Exposure of people or property to water related □ □ □ hazards such as flooding? (#1, pgs 5.2-1 -5.2-1 l; #2, pgs 4-1 IO -4-118; #3, pg 8; #4, pg 9) c) Discharge into surface waters or other alteration of □ .:-0 □ surface water quality ( e.g. temperature, dissolved oxygen or turbidity)? (#1, pgs 5.2-1 -5.2-11; #2, pgs 4-1 IO -4-118; #3, pg 9; #4, pg 9) d) Changes in the amount of surface water in any □ □ □ water body? (#1, pgs 5.2-1 -5.2-11; #2, pgs 4-1 IO -4-118; #3, pg 9; #4, pg 9) e) Changes in currents, or the course or direction of □ □ □ water movements? (#1, pgs 5.2-1 -5.2-1 l; #2, pgs 4-110 -4-118; #3, pg 8; #4, pg 9) 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? (#1, pgs 5.2-1 -5.2-1_1; #2, pgs 4-110 - 4-118; #3, pg 9; #4, pg 9) g) Altered direction or rate of flow of groundwater? □ □ □ (#1, pgs 5.2-1 -5.2-1 l; #2, pgs 4-110 -4-118; #3, pg 8; #4, pg 9) h) Impacts to groundwater quality? (#1, pgs 5.2-1 -□ □ □ ~ 5.2-11; #2, pgs 4-1 IO -4-1 I 8; #3, pg 9; #4, pg 9) i) Substantial reduction in the amount of □ □ □ ~ groundwater otherwise available for public water supplies? (#1, pgs 5.2-1 -5.2-1 l; #2, pgs 4-1 IO - 4-118; #3, pg 8; #4, pg 9) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an ~ □ □ □ existing or projected air quality violation? b) Expose sensitive receptors to pollutants? ~ □ □ □ c) Alter air movement, moisture, or temperature, or □ □ □ ~ cause any change in climate? (#1, pgs 5.3-1 -5.3- 12; #2, pgs 4-110-4-118; #3, pg 8; #4, pg 10) d) Create objectionable odors? (#1, pgs 5.3-1 -5.3-□ □ □ 12; #2, pgs 4-110 -4-118; #3, pg 8; #4, pg 10) 6 Rev. 03/28/96 Issues (and Supporting Informal Sources). VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features ( e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. fann equipment)? (#1, pgs 5.7-1 -5.7- 22; #2, pgs 4-63 -4-80; #3, pgs 14-15; #4, !)g 11) c) Inadequate emergency access or access to nearby uses? (#1, pgs 5.7-1 -5.7-22; #2, pgs 4-63 -4-80; #3, pg 15; #4, pg 11) d) Insufficient parking capacity on-site or off-site? (#1, pgs 5.7-1 -5.7-22; #2, pgs 4-63 -4-80; #3, pg 14; #4, pg 11) e) Hazards or barriers for pedestrians or bicyclists? (#1, pgs 5.7-1 -5.7-22; #2, pgs 4-63 -4-80; #3, pgs 14-15; #4, pg 11) f) Conflicts with adopted policies supporting alternative transportation ( e.g. bus turnouts, bicycle racks)? (#1, pgs 5.7-1 -5.7-22; #2, pgs 4- 63 -4-80; #3, pg 14; #4, pg 11) g) Rail, waterborne or air traffic impacts? (#1, pgs 5.7-1 -5.7-22; #2, pgs 4-63 -4-80; #3, pg 14; #4, pg 11) 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? (#1, pgs 5.4-1 -5.4-24; #2, pgs 4-119 -4-149; #3, pgs 10-11; #4, pg 10) b) Locally designated species ( e.g. heritage trees)? (#1, pgs 5.4-1 -5.4-24; #2, pgs 4-119 -4-149; #3, pgs 10-11; #4, pg 10) c) Locally designated natural communities ( e.g. oak · forest, coastal habitat, etc.)? (#1, pgs 5.4-1 -5.4- 24; #2, pgs 4-119 -4-149; #3, pgs 10-11; #4, pg IO) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? (#1, pgs 5.4-1 -5.4-24; #2, pgs 4-119 -4- 149; #3, pgs 10-11; #4, pg 10) e) Wildlife dispersal or migration corridors? (#1, pgs 5.4-1 -5.4-24; #2, pgs 4-119 -4-149; #3, pg 11; #4, pg 10) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? (#1, pgs 5.12.1-1 -5.12.1-5; #2, pgs 4-94 -4-109; #3, pg 9; #4, pg 9) 7 Potentially Significant Impact fZJ □ □ □ □ □ □ □ □ □ □ □ □ -Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ No Impact □ ~ Rev. 03/28/96 Issues (and Supporting lnformln Sources). Potentially -ten ti ally Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated b) Use non-renewable resources in a wasteful and □ □ □ inefficient manner? (#1, pgs 5.12.1-1 -5.12.1-5; #2, pgs 4-94 -4-109; #3, pg 9; #4, pg 10) 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, pgs 5.12.1-l -5.12.1-5; #2, pgs 4-94 -4-109; #3, pg 9; #4, pg IO) 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, pgs 5.10.1-1 -5.10.1-3; #2, pgs 4-94 -4-109; #3, pg 13; #4, pg IO) b) Possible interference with an emergency response □ .□ □ plan or emergency evacuation plan? (#1, pgs ,: 5.10.1-1 -5.10.1-3; #2, pgs 4-94 -4-109; #3, pg 15; #4, pg 10) c) The creation of any health hazard or potential □ □ □ health hazards? (#1, pgs 5.10.1-1 -5.10.1-3; #2, pgs 4-94 -4-109; #3, pg 12-13; #4, pg 10) d) Exposure of people to existing sources of potential □ □ □ health hazards? (#1, pgs 5.10.1-1 -5.10.1-3; #2, pgs 4-94 -4-109; #3, pg 12-13; #4, pg 10) e) Increase fire hazard in areas with flammable brush, □ □ □ grass, or trees? (#1, pgs 5.10.1-1 -5.10.1-3; #2, pgs 4-94 -4-109; #3, pg 13; #4, pg IO) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#1, pgs 5.9-1 -□ □ □ 5.9-15; #2, pgs 4-81 -4-84; #3, pg 12-13; #4, pg 10) b) Exposure of people to severe noise levels? (#1, pgs □ □ □ 5.9-1 -5.9-15; #2, pgs 4-81 -4-84; #3, pg 12-13; #4, pg IO XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#1, pgs 5.12.5-1 -5.12.5-6; #2, □ □ □ ~ pgs 4-94 -4-109; #3, pg 12; #4, pg IO) b) Police protection? (#1, pgs 5.12.5-1 -5.12.5-6; #2, □ □ □ ~ pgs 4-94 -4-109; #3, pg 12; #4, pg IO) c) Schools? (#1, pgs 5.12.7-1 -5.12.7-5; #2, pgs 4-94 □ □ □ ~ -4-109; #3, pg 12; #4, pg 10) d) Maintenance of public facilities, including roads? □ □ □ ~ (#1, pgs 5.12.1-1 -5.12.8-7; #2, pgs 4-94 -4-109; #3, pg 12; #4, pg I 0) e) Other governmental services? (#1, pgs 5.12.1-1 -□ □ □ 5.12.8-7; #2, pgs 4-94 -4-109; #3, pg 12; #4, pg IO) 8 Rev. 03/28/96 Issues (and Supporting Informal Sources). Potentially 'tentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 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? (#1, pgs 5.12.1-1 -5.12.1-5; □ □ □ ~ #2, 4-94 -4-109; #3, pg 9; #4, pg 10) b) Communications systems? (#1, pgs 5.12.2-1 -□ □ □ ~ 5.12.8-7; #2, 4-94 -4-109; #3, pg 12; #4, pg 10) c) Local or regional water treatment or distribution □ □· □ ~ facilities? (#1, pgs 5.12.2-1 -5.12.3-7; #2, 4-94 - 4-109; #3, pg 12; #4, pg 10) d) Sewer or septic tanks? (#1, pgs 5.12.2-1 -5.12.3-7; □ □ □ ~ #2, 4-94 -4-109; #3, pg 12; #4, pg 10) e) Storm water drainage? (#1, pgs 5.12.2-1 -5.12.3-□ □ □ ~ 7; #2, 4-94 -4-109; #3, pg 12; #4, pg 10) f) Solid waste disposal? (#1, pgs 5.12.4-1 -5.12.4-3; □ □ □ ~ #2, 4-94 -4-109; #3, pg 12; #4, pg 10) , g) Local or regional water supplies? (#1, pgs 5.12.2-1 □ "' □ □ ~ -5.12.3-7; #2, 4-94 -4-109; #3, pg 12; #4, pg 10) XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#1, □ □ □ pgs 5.11-1 -5.11-5; #2, pgs 4-35 -4-62; #3, pg 15; #4, pg 10) b) Have a demonstrate negative aesthetic effect? (#1, □ □ □ pgs 5.11-1 -5.11-5; #2, pgs 4-35 -4-62; #3, pg 15; #4, pg IO) c) Create light or glare? (#1, pgs 5.10.3-1 -5.10.3-2; □ □ □ #2, pgs 4-35 -4-62; #3, pg 15; #4, pg 10) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (#I, pgs 5.8-1 -D □ □ 5.8-10; #2, pgs 4-157 -4-167; #3, pgs 9-10; #4, pg 10) b) Disturb archaeological resources? (#I, pgs 5.8-1 -□ □ □ 5.8-10; #2, pgs 4-157 -4-167; #3, pgs 9-10; #4, pg IO) c) Affect historical resources? (#1, pgs 5.8-1 -5.8-10; □ □ □ ~ #2, pgs 4-157 -4-167; #3, pgs 9-10; #4, pg 10) d) Have the potential to cause a physical change D □ □ [gl which would affect unique ethnic cultural values? (#1, pgs 5.8-1 -5.8-10; #2, pgs 4-157 -4-167; #3, pgs 9-10; #4, pg 10) e) Restrict existing religious or sacred uses within the D □ □ potential impact area? (#1, pgs 5.8-1 -5.8-10; #2, pgs 4-157 -4-167; #3, pgs 9-10; #4, pg 10) XV. RECREATIONAL. Would the proposal: 9 Rev. 03/28/96 Issues {and Supporting lnformln Sources). a) Increase the demand for neighborhood or regional parks or other recreational facilities? {#I, pgs 5.12.8-1 -5.12.8-7; #2, pgs 4-157 -4-167; #3, pg 15; #4, pg 10) b) Affect existing recreational opportunities? (#1, pgs 5.12.8-1 -5.12.8-7; #2, pgs 4-157 -4-167; #3, pg 15; #4, pg 10) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? {"Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. Potentially Significant Impact □ □ □ .... □ □ ~tentially Significant Unless Mitigation Incorporated □ □ □ □ □ Less Than Significant Impact □ □ □ □ □ No Impact Referenced in the above checklist are the earlier environmental analysis that have been conducted for the project site. Source # 1 is the Master Environmental Impact Report for the City's 1994 General Plan Update (MEIR 93-01) reviewed the potential impacts ofbuildout of the City's General Plan, including transportation and air quality impacts. Source #2 is the Environmental Impact Report for the Pacific Rim Country Club and Resort (EIR 83-02(A) for CT 85-35/MP 177) certified on December 8, 1987, analyzed all of the potential impacts for the development and occupation of the over 2,000 units residential master plan (now known as A viara) with its associated 18 hole golf course, 550 room hotel, sports club and neighborhood commercial site, including development of Planning Area 23. Source #3 is the Mitigated Negative Declaration for the Aviara Phase III Master Plan Amendment (CT 92-03/MP 177(G)), approved 1/25/94, which reviewed the grading and construction related to the development of Phase III, including development of Planning Area 21. Source #4 is the Negative Declaration and Master Environmental Impact Report Addendum for the A viara Planning Area 23 Master Plan Amendment and General Plan Amendment (MP 177(R)/GPA 96-02), which reviewed the potential environmental impacts associated with developing A viara PA 23 with small-lot single family uses. Without exception, the proposed action has no additional impacts not previously analyzed in the earlier environmental review and no additional review or mitigation measures are necessary. 10 Rev. 03/28/96 DISCUSSION OF ENVI,NMENTAL EVALUATION - The proposal involves the construction of 61 small-lot single family homes in Aviara Planning Area 23. The site is currently being graded in conformance with the A viara Phase III Master Tract Map. The proposed homes meet all applicable standards and policies, including setbacks. building height and architectural style. No environmentally sensitive resources exist on the previously graded site and no significant adverse impacts to the environment are anticipated. 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 ~.ir 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 eith~r 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. CIRCULATION: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City's adopted Growth Management performance standards at buildout. , 11 Rev. 03/28/96 To lessen or minimize the!pact on circulation associated with Ge!al Plan buildout. numerous mitigation measures have been recommended in the Final Master EIR. These include I) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks. pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore. the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan·s Master EIR, including this project, therefore, no further environme:gtal review of circulation impacts is required. ~ · 12 Rev. 03/28/96 -CITY OF CARLSBAD - GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMP ACT ASSESSMENT: FILE NAME AND NO: Cristalla -Aviara PA 23 -MP 177(X)/LCPA 97-11/CT 97-20/PUD 97- 17/CDP 97-51 LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: RM=.__ _____ _ ZONING: "--P--""------------------------- DEVELOPER'S NAME: Brehrn-Aviara Development Associates, L.P. ADDRESS: 2835 Camino del Rio North. Suite 220, San Diego CA 92108 PHONE NO.: (619)293-7090 ASSESSOR'S PARCEL NO.: ..._21.._..5'--'-0....,4=2-...,.0.....,1,,__-..,..02 _____ _ QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): .,._.61.....,d....,u ..... s _____ _ ESTIMATED COMPLETION DATE: =D=ec=e=m=b-=er..,._, ..._19"""9'""'8 ____________ _ A. B. C. D. E. F. G. H. I. J. K. City Administrative Facilities: Demand in Square Footage= _,_49"""1'--".5....,7'------- Library: Demand in Square Footage= ..... 26..,.2=-...... 14.,___ ___ _ Wastewater Treatment Capacity (Calculate with J. Sewer) 61EDU Park: Demand in Acreage = 0.98 Drainage: Demand in CFS = NIA Identify Drainage Basin = PLDAD Circulation: Demand in ADT = =-61....,0"------- Fire: Served by Fire Station No. = ~4 _____ _ Open Space: Acreage Provided= _N_/ A~----- Schools: CUSD Sewer: Demands in EDU 61EDU Water: Demand in GPD = 13,420 L. The project is 81 units below the Growth Management Dwelling unit allowance. -BACKGR~UNDDATASHEET. CASE NO: MP 177(X)/LCPA 97-11/CT 97-20/PUD 97-17/CDP 97-51 CASE NAME: Cristalla -Aviara Planning Area 23 APPLICANT: Brehm -Aviara Development Associates, L.P. REQUEST AND LOCATION: Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Unit Development Pennit and Coastal Development Permit to allow the subdivision and construction of a 61 unit, single-family air-space condominium development on pregraded pads located in Aviara Planning Area 23, at the northeast corner of A viara Parkway and Black Rail Road LEGAL DESCRIPTION: Lots 138 and 139 of Carlsbad Tract No. 92-3, Aviara Phase III North, Unit No. 6, according to Map No. 13513, filed in the Office of the County Clerk on December 10, 1997, in the City of Carlsbad, County of San Diego. State of California. APN: 215-042-01, -02 Acres: 17.4 Proposed No. of Lots/Units: ..... 9-=lo .... f""'s."""'6 ..... l"""'u=n=it~s ____ _ GENERAL PLAN AND ZONING Land Use Designation: Residential Medium Density (RM) Density Allowed: 4.0 -6.0 du/ac Density Proposed: ~4=.3~8-d-u/~a-c _______ _ Existing Zone: """P .... -C ________ Proposed Zone: .._P....,-___________ _ Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site P-C Information Center North L-C Agriculture South P-C Single family condos East P-C Open space West P-C Open space PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): ~1 ________________ _ Public Facilities Fee Agreement, dated: _N-o_v_em=b~er-l_0 .... ,_1~2~2 ..... 7 ____________ _ ENVIRONMENT AL IMPACT ASSESSMENT D Negative Declaration, issued, ____________________ _ ~ Other, Prior Environmental Compliance, dated April 17, 1998 • • PLANNING AREA 23: MULTI FAMILY SINGLE-FAMILY RESIDENTIAL DESCRIPTION: This 18.3 acre planning area is located near the center of the Master Plan on the north side of Alga Road. DEVELOPMENT STANDARDS; PD All development in Planning Area 23 shall conform to the development standards of the Planned Development Ordinance (Carlsbad Municipal Code, Chapter 21.45.090) unless otherwise noted in this Chapter. USE ALLOCATION: Maximum of ~ 61 mull::i fa:mily detached single family residential units (3.3 DU/AC). Private recreation facilities shall be required in conjunction with the residential units. A 2-acre community recreation vehicle storage facility. PERMITTED USES: Hull::i faffiily Single family airspace condominium residential housing. s Recreational facilities. SITE DEVELOPMENT STANDARDS: Height: The maximum height in this planning area is -3-5-30 feet as determined by Section 21.04.065 of the Carlsbad Municipal Code. A miflimuffi ef 30 pereeul:: ef a.11 21:::i:·uel::ut:e~ e!tall net exceed a heigh!:: ef 24 feel::. Hhel'.e !::lace el::ery etructuree are prepe.sed, c:,dequal::e el::ruel::ural i:elief and l'.eefline o'ariatien shall be i11cerperat,_d i11te 1::he el::ructuree l::e l'.educe l::fte ffietS s . setbacks: Minimum setback along Alga Road for structures shall be 50 feet. The minimum setback from the public utility easement shall be 30 feet. The minimum front yard setback shall be 20 feet for street-facing garages and 10 feet for habitable spaces and side-loaded garages, all measured from the pl:epel'.t; lihe fel: buileit1gs ane 20 feel:: t1,ea~ured fret1, prepcrty litK fer ep,_n parki11g er garages back of sidewalk, or in the case of no sidewalk, the back of the curb. A t1,i11imum buildiflg sepccr-cctien ef 20 feet shall be mait1tained. Setback compliance with the intent of City Council Policy No. 44 regarding small lot single family projects is required. Parking: Parking shall conform to the standards of Chapter 21.44 of the Carlsbad Municipal Code. SPECIAL DESIGN CRITERIA: Design: All community-wide design standards described in Section A of shall be embodied in the architecture of this planning area. following specific guidelines shall also be included for this area: 159 Chapter IV The planning * The architecture of all buildings in this planning area shall be compatible with that of the hotel. * * A through public street shall be provided from Alga Road through PA 23 to the area north of PA 23. * The site layout for this Planning Area shall be coordinated to ensure compatibility with adjacent planning areas. * Strong architectural relief features shall be incorporated into all structures visible from Alga Road. Entry Treatment: A neighborhood entry may be located along each side of Black Rail Road. Fencing; If required as a result of a noise study, a noise attenuation structure, earthen berm, or combination of the two shall be required along Alga Road. The noise study shall be conducted prior~o submittal of a Site Development Plan. Landscape; All community-wide landscape standards described in Section A, Community Design Elements of Chapter IV shall be incorporated into this planning area. In addition, the following specific landscape concepts shall be included in the development of this planning area. * The recreation vehicle storage facility shall be screened by a combination of fences and landscaping on all sides of the facility. This screening shall be the responsibility of the Master HOA. * A fire suppression zone subject to the approval of the Planning Director and Fire Marshal shall be established between native areas and structures. The fire suppression plan should incorporate structural setbacks from native areas in combination with a program of selective thinning of native vegetation subject to the approval of the Planning Director. * All setbacks shall be heavily landscaped except as constrained by Coastal Commission requirements. * Landscaping shall be incorporated to screen all dwelling units from Alga Road and the golf course, while preserving views from the units to the extant possible. * The dominant unifying landscape elements for this planning area shall be preselected street trees. Common landscape areas and slopes shall be planted prior to homeowner occupation. Individual homeowner landscapes shall vary. * Views to and from the golf course and lagoon should be preserved. 161 Open Space: The manufactured slopes of this planning area shall be maintained as open space by the community open space maintenance district. Trails; a portion of the community trail linking Alga Road and Poinsettia Lane is located along the easterly edge of the site. Construction of this trail shall be a condition of development for this planning area. Revision to the trail alignment in this segment may occur, in. consultation with the Dept. of Fish and Game and U.S. Fish and Wildlife Service, to extend south to a connection with Alga Road and avoid environmentally sensitive habitat areas. Grading; Any development within this planning area shall comply with the City's Hillside Development Regulations and the slope and resource preservation policies of the underlying local coastal program and subsequent coastal permit. Any application for development within this planning area shall require a slope analysis/biological resource map during Site Development Plan review.