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GPA 06-09; Muroya Subdivision Part I; General Plan Amendment (GPA)
The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: April 7, 2010 Application complete date: February 2, 2010 Project Planner: Dan Halverson Project Engineer: Clyde Wickham SUBJECT: GPA 06-09/ZC 06-08/SP 203(0VLCPA 06-09/CT 06-27/CP 06-19/CDP 06- 32/HDP 06-10/HMP 07-02 - MURQYA SUBDIVISION - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Zone Change, Local Coastal Program Amendment, and a Specific Plan Amendment; and a request for approval of a Tentative Tract Map, Condominium Permit, Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan Permit for the subdivision of a 20.27-acre site into five (5) lots (two residential, two open space lots, and one private street lot) and the grading and development of 37 detached air-space condominium one- family dwelling units on property located north of Aviara Parkway, south of Corte Orchidia, east of Towhee Lane, and west of Black Rail Road, and within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 20. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6681 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6682, 6683, 6684, and 6685 RECOMMENDING APPROVAL of a General Plan Amendment (GPA 06-09), Zone Change (ZC 06-08), Specific Plan Amendment (SP 203(D)) Local Coastal Program Amendment (LCPA 06-09), and, ADOPT Planning Commission Resolutions No. 6686 6687, 6688, 6689, and 6690 APPROVING a Tentative Tract Map (CT 06-27), Condominium Permit (CP 06-19), Coastal Development Permit (CDP 06-32), Hillside Development Permit (HDP 06- 10), and Habitat Management Plan Permit (HMP 07-02), based on the findings and subject to the conditions contained therein. II.INTRODUCTION The proposed project involves a General Plan Amendment (GPA), Zone Change (ZC), Local Coastal Program Amendment (LCPA), Specific Plan Amendment (SPA), Tentative Tract Map (CT), Condominium Permit (CP), Coastal Development Permit (CDP), Hillside Development Permit (HDP), and Habitat Management Plan Permit (HMPP) to allow for the subdivision and development of a 20.27 acre parcel (APN 215-040-03) with 37 detached air-space condominium one-family dwelling units on property located north of Aviara Parkway, south of Corte Orchidia, east of Towhee Lane, and west of Black Rail Road. o GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06- 10/HMP 07-02 - MUROYA SUBDIVISION April 7,2010 PAGE 2 • The GPA, ZC, and LCPA, require the approval of the City Council and the California Coastal Commission (CCC). The SP Amendment requires the approval of the City Council. The approval of the CT, CP, CDP, HDP, and HMPP are final at the Planning Commission. The project is not located within the Appeals Jurisdiction of the Local Coastal Zone, and the Planning Commission's decision on the CDP is not appealable to the CCC. The project has been reviewed for environmental impacts and no significant unmitigable impacts were found. As designed and conditioned, the project is consistent with all applicable standards and policies, and the necessary findings to approve the project can be made. III. PROJECT DESCRIPTION AND BACKGROUND The project site consists of a 20.27 acre parcel of land currently developed with an existing single family residence and agricultural uses (greenhouse and storage structures) in the northern and eastern half of the lot and natural hillsides in the south. Topographically, the site consists of a flat bench area in the northeast section of the property, currently developed with a single family residence and a palm tree nursery. From the bench, the topography slopes downward to the western and southern property lines into a network of ravines vegetated with natural habitat. Approximately three (3) acres of the site is constrained by an SDG&E power line easement, which bisects the site diagonally and consists of a tower element in the northwestern edge of the property and transmission lines spanning across the vegetated open space. The project site is bounded to the north by existing detached single-family homes, to the south by detached single- family homes and open space, to the east by single family homes and a vacant lot, and to the west by single-family homes. The project includes the subdivision of this lot into five (5) separate lots. Lot 1 is approximately 6.3 acres in area and will include 37 detached air-space condominium units. Lot 2 is 0.9 acres in area and is located in the southeast corner of the property and is the site of the owners existing residence which will remain on this proposed parcel. Lots 3 and 4 are 1.6 acres and 9.8 acres in area and are proposed as open space lots (lot 3 as a habitat and fire buffer zone and lot 4 as open space habitat). Lot 5 (0.7 acres) will be developed as private road for common access to the 37 detached condominium units. The project site has a General Plan Land Use designation of RLM (Residential Low-Medium Density, 0-4 dwelling units per acre) and a zoning designation of L-C (Limited Control). A General Plan Amendment and LCPA is required to re-designate the two (2) proposed open space lots 3 and 4 from RLM to OS (Open Space), and the proposed residential lot 1 and the proposed private street lot 5 from RLM to RM (Residential Medium Density, (4-8 dwelling units per acre), with lot 2 remaining RLM. The zoning will also be amended to correspond with the associated General Plan Land Use Amendments and will rezone the open space lots (3&4) from L-C to OS (Open Space), the residential lots (1&5) from L-C to RD-M (Residential Density - Multiple), and lot 2 from L-C to Single Family Residential (R-l). A Specific Plan Amendment to the Zone 20 Specific Plan is required to reflect the proposed General Plan and Zoning Land Use changes. The project site will have access at two points off of Black Rail Road. Private Street "A" (Lot 5) is proposed as the main vehicular entryway to the project and is designed with a parkway and detached sidewalks, street trees, street parking, and curbs and gutters. The secondary vehicular GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06- 10/HMP 07-02 - MUROYA SUBDIVISION April?, 2010 PAGE 3 entrance is from Private Drive "C." The proposed residences are configured so that driveways are clustered in courtyards which are accessed off of Private Street "A" or Private Drive "B and C." The project is also proposing 12,290 square feet of common recreational space with passive and active uses. The main recreational space has 6,400 square feet of grassy field, meandering paths, and a variety of landscaping, picnic tables, benches, and an overlook area with enhanced concrete, benches and barbeques. Passive public recreational uses are also provided in the form of a large grassy play area, a pedestrian trail, and enhanced landscaping within the existing SDG&E power line easement bisecting the site diagonally. Each residence will also have private "exclusive use" areas surrounding the dwelling units. Four (4) floor plans are proposed with three (3) different architectural styles which include Adobe Ranch (AR), Andalusian (AN), and Santa Barbara (SB). The floor plans range between 1,802 square feet and 2,827 square feet in area and 19 feet (Plan 1, single story) to 25 !/2 feet (Plan 2, two story) in height. All plans include a two car attached garage. All plans include a variety of architectural features and materials including, but not limited to, "S" tile roofing, stucco finish, window/door lintels, varied window shapes/sizes, wood elements (shutters, exposed wood beams, rafter tails, and knee braces), and tile, brick, or stone veneer. Grading for the project will require 22,540 cubic yards of cut, 19,970 cubic yards of fill, and 2,570 cubic yards of export. In addition, the project grading includes 7,840 cubic yards of over- excavation, remedial grading, and re-compacting of a debris filled manufactured slope. Overall, the project grading follows the natural slope of the site, is compatible with adjacent residential project pad grades, incorporates contour grading and variable slope gradients, and preserves sensitive habitat areas to the southwest. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. Carlsbad General Plan Residential Medium Density (RM), Residential Low- Medium Density (RLM), and Open Space (OS) Land Use designation regulations; B. One-Family Residential (R-l) Zone, Residential Density-Multiple (RD-M), and Open Space (OS) Zone (Chapters 21.10, 21.24, and 21.33 of the Carlsbad Municipal Code); C. Planned Development Regulations (Chapter 21.45 of the Carlsbad Municipal Code); D. Zone 20 Specific Plan (SP 203); E. Inclusionary Housing (Chapter 21.85 of the Carlsbad Municipal Code); F. Subdivision Map Act and the City of Carlsbad Subdivision Regulations (Title 20 of the Carlsbad Municipal Code); G. Mello II Segment of the Local Coastal Program, the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Carlsbad Municipal Code), and the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code); H. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code); GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-327 HDP 06- 10/HMP 07-02 - MUROYA SUBDIVISION April?, 2010 PAGE 4 J. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Zone 20 Local Facilities Management Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in the sections below. A. Carlsbad General Plan Residential Medium Density (RM), Residential Low- Medium Density (RLM), and Open Space (OS) Land Use designation regulations. The existing General Plan Land Use designation for the project site is Residential Low-Medium Density (RLM). The RLM designation allows low to medium density residential development (0 to 4 du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac; which is also used for the purposes of calculating the City's compliance with Government Code Section 65863. According to the constraints analysis used for density calculations, 37.79 dwelling units could be located on the site based on 11.81 net developable acres. A total of 38 dwelling units at a density of 3.217 du/ac is proposed which is 0.21 units above the GMCP. Although the project exceeds the GMCP density for the RLM General Plan Land Use designation by 0.017 dwelling units/acre, or by a fractional unit of .21 dwelling units, the General Plan Land Use Element allows the City to approve residential development at a density that exceeds the GMCP provided the proposed residential development complies with certain findings as discussed below. To exceed the GMCP density and withdraw a fraction of a dwelling unit from the City's excess Dwelling Unit Bank the project must comply with City Council Policy No. 43 which sets the criteria for the allocation of excess dwelling units. At the GMCP of 3.2 du/ac the number of units allowed would be 37.79 dwelling units. Pursuant to City Council Policy No. 43, if the GMCP density for the property results in a unit yield that includes a fractional unit of .5 or greater the next whole unit may be granted provided the maximum density of the applicable General Land Use designation is not exceeded. Also, to exceed the GMCP density, the project must be consistent with the following required General Plan findings: 1) that the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted; 2) that there have been sufficient developments approved in the quadrant at densities below the control point so that the approval will not result in exceeding the quadrant limit; and, 3) all necessary public facilities required by the City's Growth Management Program will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with the adopted City standards. At the RLM designation (0-4 du/ac), development of the site in the manner that would accommodate the dwelling units would: 1) require a significant amount of grading to the site, which would be inconsistent with the City's Hillside Development Regulations (C.M.C. Chapter 21.95), and 2) the Habitat Management Plan (HMP) requires the development to be clustered on the disturbed areas to the maximum extent. Therefore, given the topographic constraints of the GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06- 10/HMP 07-02 - MUROYA SUBDIVISION April 7, 2010 PAGES 21.95), and 2) the Habitat Management Plan (HMP) requires the development to be clustered on the disturbed areas to the maximum extent. Therefore, given the topographic constraints of the site combined with the HMP requirement to cluster the development, the project applicant is proposing to change the General Plan Land Use designation of the site from RLM to Residential Medium (RM,4-8 du/ac) on lots 1 & 5 where the 37 units will be clustered on a 7 acre parcel at a density of 5.29 du/ac which is within the RM density range of 4-8 du/ac. Lots 3 & 4 will be designated Open Space (OS), while lot 2, site of the existing residence, will retain the RLM designation. As shown in Table A below, the project is compatible with all of the General Plan objectives, policies, general land uses and programs. Infrastructure is in place along Black Rail Road to support the proposed project. Additionally, the property is subject to the preservation standards of the Habitat Management Plan (HMP) and, as a property within the Coastal Zone, is subject to additional HMP conservation standards. As designed, the project complies with these conservation standards and results in the need to amend the General Plan to reflect the preservation of sensitive habitat within Lot 3 (an HOA maintained open space lot) and Lot 4 (a habitat open space lot). The City's HMP requires designation of the project's open space habitat preserve areas as Open Space (OS) on the General Plan Land Use and Open Space and Conservation maps concurrent with development. This action is consistent with the General Plan Open Space Element and is in accordance with the intent and purpose of the OS Zone to designate high-priority resource areas as OS at the time of development. The amendment will re-designate 1.6 acres (Lot 3) and 9.8 acres (Lot 4) of the existing RLM designated property to an OS designation to preserve habitat and provide a fire suppression and habitat buffer zone. In addition to the above, the project complies with all elements of the General Plan as illustrated in Table A below: GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06- 10/HMP 07-02 - MUROYA SUBDIVISION April?, 2010 PAGE 6 TABLE A - GENERAL PLAN COMPLIANCE ELEMENT Land Use Housing Public Safety Noise USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM The project site as proposed will be designated Residential Medium Density (RM - 4-8 du/ac) on lots 1 & 5; Residential Low-Medium (RLM - 0-4 du/ac) on lot 2; Designate high-priority resource areas as open space on lots 3 & 4 at time of development. Provision of affordable housing. Review new development proposals to consider emergency access, fire hydrant locations and fire flow requirements. Residential exterior noise standard of 60 CNEL and interior noise standard of 45 CNEL PROPOSED USES & IMPROVEMENTS 37 single-family detached condominium units are being proposed on 7 acres. The project's proposed density of 5.29 du/ac is within the RM density range of 4-8 du/ac. The existing single-family residence to remain on the proposed 0.9 acre lot. The project's density at 1.11 du/ac is within the RLM density range of 0-4 du/ac. Lot 3 will be designated as an Open Space HOA maintained area, while Lot 4 will be designated as an Open Space Habitat Preserve Area. The project has been conditioned to purchase 7 inclusionary housing credits from the Villa Loma Project located in the SE Quadrant. The project includes or has been conditioned to provide facilities to ensure that the development proposal complies with Public Safety Requirements. The development proposal complies with the City's interior and exterior noise standards. COMPLY Yes Yes Yes Yes Yes Yes GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06- 10/HMP 07-02 - MUROYA SUBDIVISION April 7, 2010 PAGE? TABLE A - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Circulation Require new development to construct all roadways needed to serve the development. All roadways (including curb, gutter, and sidewalk) needed to serve the development will be dedicated and constructed prior to, or concurrent with, site development. The proposed circulation system is designed to provide access to each of the proposed lots and dwelling units and complies with all applicable City design standards. Yes Open Space & Conservation To preserve, protect and enhance those areas of the City that provide unique and special open space functions, including, but not limited to, cultural and visual amenities, active and passive recreational uses, landmarks, buffers between incompatible land uses, wildlife habitats, and unique and desirable vegetation. For purposes of habitat protection, the project is providing open space lots (Lots 3 & 4) located between the proposed residences (i.e., development area) and the boundaries of the existing HMP Hardline Preserve area adjacent to the project site along the western and southern property line. Lot 3 will include the HMP 20 ft. wide upland habitat buffer area and fire suppression zone that are required between proposed development areas and preserved habitat areas. Lot 4 will be designated Open Space and preserved as natural open space. Yes Utilize Best Management Practices for control of storm water and to protect water quality. Project will conform to all NPDES requirements. Yes GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06- 10/HMP 07-02 - MUROYA SUBDIVISION April?, 2010 PAGES B. & C. One-Family Residential (R-l) Zone, Residential Density-Multiple (RD-M) Zone, and Open Space (OS) Zone (Chapters 21.10, 21.24, and 21.33 of the Carlsbad Municipal Code) and Planned Development Ordinance (Chapter 21.45 of the Carlsbad Municipal Code) The project site is currently zoned Limited Control (L-C). The L-C Zone designation is given to previously annexed properties and is an interim zone for areas where plans for development have not yet been formalized. As part of this project, a zone change from L-C to Residential Density- Multiple (RD-M), One-Family Residential (R-l), and Open Space (OS) is proposed. This will result in the zoning for the site being consistent with the General Plan Land Use designations of RM, RLM, and OS. The proposed zones are also compatible with the existing surrounding residentially zoned properties to the north and east and the existing Planned Communities (P-C) to the west and south. A Condominium Permit (CP) is proposed for development of the RD-M proposed residential Lots 1 and 5. Lot 2 will maintain the existing residence and be proposed as a standard R-l lot. Lots 3 and 4 of the proposed subdivision will be preserved as open space. The proposed project meets or exceeds all applicable requirements of the RD-M, R-l, and OS Zones as demonstrated below in Table B. Project compliance with all applicable requirements and development standards of the Planned Development Ordinance are demonstrated in Staff Report Attachments 15 (see Planned Development Compliance Table C), and 16 (see Planned Development Compliance Table E). Project compliance with all applicable requirements of City Council Policies 44 and 66 are demonstrated in Staff Report Attachments 17 (City Council Policy 44 Compliance Table) and 18 (City Council Policy 66 Compliance Table). TABLE B - RD-M, R-l, AND OS ZONE COMPLIANCE Standard Lot Size Lot width Lot Coverage Building Height Parking Required/ Allowed RD-M: 10,000 sq. ft. minimum R-l: 7,500 sq. ft. minimum OS: No minimum. RD-M: 60 ft. minimum R-l: 60 ft. minimum RD-M: 60% maximum R-l: 40% maximum RD-M: 35 ft. R-l: 30 ft. (3: 12 roof pitch) 2-car garage with a minimum dimension of 20 ft. Proposed RD-M: Lot 1 & 5 = 7 acres R-l: Lot 2 = 39,200 sq. ft. OS: Lot 3 = 1.6 acres Lot 4 = 9.8 acres Lot 1= 200+ feet Lot 5 = 95 feet Lot 2 = 300+ ft. Lot 1 &5 = 12% Lot 2 =12.8% 19 to 25 feet height Existing single story house Each unit has a two-car garage with a minimum dimension of 20 ft. Comply Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06- 10/HMP 07-02 - MUROYA SUBDIVISION April?, 2010 PAGE 9 D. Zone 20 Specific Plan (SP 203) The project is located within an area subject to the Zone 20 Specific Plan (SP 203). SP 203 provides a framework for the development of the vacant properties within Zone 20 to ensure the logical and efficient provision of public facilities and community amenities for the future residents of Zone 20. The project is located within Planning Area E of SP 203, which has a current General Land Use designation of RLM. However, as discussed above in Section "A", because of the topographic constraints of the site, clustered development in the north and east section of the lot is more appropriate. Therefore, the project is proposing an amendment to SP 203 in the form of a map and text changes to reflect the proposed land use change from RLM to RM, OS, and RLM and thus bring SP 203 into conformance with the proposed General Plan designations. In addition to land use compatibility, the project is compatible with all other provisions of SP 203 as demonstrated below in Table C: TABLE C - ZONE 20 SPECIFIC PLAN REQUIREMENTS STANDARD REQUIRED PROPOSED COMPLY LCP Agricultural Conversion Three conversion options are available. Option 3 - Payment of Agricultural Conversion Mitigation Fee is conditioned. Yes Affordable Housing 15% of the units must be provided as affordable units. Seven (7) inclusionary housing credits will be purchased from the Villa Loma housing project. Yes Open Space Designate the 150 ft. wide SDG&E public utility easement corridor area as Specific Plan Open Space per Exhibit 10. Where topography permits, enhance with trails and other recreational amenities. At a minimum, pedestrian trails shall be constructed of decomposed granite. The project is proposing an Open Space easement (HOA Maintained) over Lot 3 which is partially encumbered by an SDG&E public utility easement. Lot 4, which is partially encumbered by the SDG&E easement, will be re-designated an Open Space Habitat lot. The project is providing a large passive recreational amenity which will include a large grassy play area, a decomposed granite walking path, and decorative landscaping within the SDG&E easement. Yes GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06- 10/HMP 07-02 - MUROYA SUBDIVISION April 7, 2010 PAGE 10 E. Inclusionary Housing (Chapter 21.85 of the Carlsbad Municipal Code) The City's Inclusionary Housing regulations require that a minimum of 15% of all approved units in any residential project be made affordable to lower income households. The inclusionary housing requirement for the Muroya Subdivision residential development is seven (7) units. The Inclusionary Housing Ordinance states that whenever reasonably feasible, new inclusionary units should be built on the residential development site. However, the Ordinance allows the City Council to approve an alternative to construction of new units when it can be demonstrated by the developer that the alternative supports specific housing policies and goals, and that these goals would be better served by allowing some or all of the inclusionary units associated with one project to be produced and operated at an alternative site(s). However, based on the project lot's topography, clustered development, and the site's distance away from employment opportunities, urban services, and transportation facilities, the Housing Policy Team has recommended the purchase of seven (7) housing credits within the Villa Loma Affordable Housing development to satisfy their inclusionary housing obligations. Therefore, the applicant has been conditioned to satisfy the inclusionary housing requirement for lower- income households by entering into an Affordable Housing Agreement to purchase seven (7) credits'of affordable housing in the Villa Loma project, subject to City Council approval. By entering into the agreement prior to final map the Muroya Subdivision development is providing its fair share of housing affordable to lower income households and, therefore, is consistent with the Inclusionary Housing Ordinance. F. Subdivision Map Act and the City of Carlsbad Subdivision Regulations (Title 20 of the Carlsbad Municipal Code) The Engineering Department has reviewed the proposed project and has concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance (Title 20). All major subdivision design criteria have been complied with including provision of public access, required street frontage, and minimum lot area. The project is consistent with and satisfies all requirements of the General Plan and Title 21. It is also compatible with the surrounding uses. The project is conditioned to install all infrastructure improvements concurrent with development. The proposed building setbacks will allow for adequate air circulation and the opportunity for passive heating and cooling. The applicant will be required to offer various dedications (e.g., drainage and sewer easements, street right-of-way for Black Rail Road, etc.) and will be required to install street and utility improvements, including but not limited to curbs, gutters, sidewalks, sewer facilities, drainage facilities, fire hydrants, and street lights. The project has been designed in accordance with the City's Stormwater regulations. It has been conditioned to implement Best Management Practices (BMP) for water quality protection, to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and with the City of Carlsbad Municipal Code. GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06- 10/HMP 07-02 - MUROYA SUBDIVISION April?, 2010 PAGE 11 G. Mello II Segment of the Local Coastal Program, the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Carlsbad Municipal Code) and the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code) The project site is located within the Mello II Segment of the Local Coastal Program. Development of the project site is also subject to, and consistent with, the requirements of the Coastal Agricultural Overlay Zone and the Coastal Resource Protection Overlay Zone. Approval of a CDP is required for the project. One of the primary requirements of the applicable coastal regulations pertains to the conversion of agricultural land to urban use. Pursuant to Map "X" (Designation as "Non-Prime Agricultural Lands"); the project site includes 7.9 acres of agricultural land. The project has been conditioned to pay an agricultural conversion mitigation fee for the conversion of 7.9 acres of agriculture to urban uses, which will mitigate the loss of agricultural resources by preserving or enhancing other important coastal resources. The project is further consistent with the policies of the Coastal Act in that, a) the site is geologically stable; b) the project has been designed to reduce the amount of runoff off-site through the use of Low Impact Development (LID) design features and has been conditioned to implement the National Pollution Discharge Elimination System (NPDES) standards; c) the project meets the parking requirements of the zoning ordinance; d) the project does not preclude any recreational opportunities or shoreline access as the property is not a shorefront property; and e) the development does not obstruct views of the coastline as seen from public lands or public rights-of-way. The development is subject to the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code). The Coastal Resource Protection Overlay Zone identifies five areas of protection: a) preservation of steep slopes and vegetation; b) drainage, erosion, sedimentation, habitat; c) landslides and slope instability; d) seismic hazards, and e) floodplain development. The project's compliance with each of these areas of concern is discussed below: a. Preservation of Steep Slopes and Vegetation. Natural slopes with an inclination of 25% and greater possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities are considered "dual criteria" slopes and are protected in the coastal zone. The project site contains 5.66 acres of "dual criteria" slopes. A "Dual Criteria Slopes Analysis" was prepared for the project by Hunsaker and Associates with source data provided by Dudek Environmental Engineering Biology Survey (February 2010). Dual criteria slope areas are generally considered undevelopable per the Coastal Resource Protection Overlay Zone, unless the application of this policy would preclude any reasonable use of the property, in which case an encroachment not to exceed ten percent (10%) of the steep slope areas over twenty-five percent grade may be permitted. The majority of impacts to dual criteria slopes are in the areas of the project west of proposed lots 23-29. Impacts to this area is considered unavoidable given the site constraints combined with the need to cluster development, and the 60 foot fuel modification zone required for brush management as well as a buffer zone for habitat. Of the 5.66 acres identified as dual criteria slopes, impacts to only 0.36 acres (6.36%) will occur as result of development, which is below the allowable impact percentage. GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06- 10/HMP 07-02 - MUROYA SUBDIVISION April?, 2010 PAGE 12 The overlay zone also allows development of steep slopes of 25% or greater that do not contain the above-noted sensitive habitat plants/animals, subject to specific findings. The project is proposing minor grading and fill within a gradient of 25% or greater at the northwest section of the lot. The slope does not contain sensitive habitat and therefore is consistent with the Coastal Resource Protection Overlay Zone. The proposed project complies with all of the required findings of the Coastal Resource Protection Overlay Zone as illustrated in Table D below. TABLE D - COASTAL RESOURCE PROTECTION OVERLAY ZONE COMPLIANCE FINDING RESPONSE That a soils investigation be conducted to determine that the site slope areas are stable and grading and development impacts mitigable for at least 75 years, or the life of the structure. A soils and geologic analysis of the site was prepared in conformance with City requirements. The minimal proposed grading impacts are mitigable for at least 75 years, or the life of the structure, in that the subdivision nor subsequent development will not adversely affect nor interfere with the stability or existing geologic condition of the subject slope area, and that the site is suitable for the proposed subdivision. Grading of the slope is essential to the development of the site. The proposed grading is essential to the development of the site in that the minor encroachment area will enable the development of a more developable building pad and drainage site for the project. Slope disturbance will not result in substantial damage or alteration to major wildlife corridors, habitat or native vegetation. Slope disturbance will not damage or alter major wildlife habitat or native vegetation in that the site is previously disturbed by a single family residence and agricultural uses. Pursuant to a Biological Report prepared for this property (Dudek, February, 2010) all slopes with sensitive habitat and species are preserved in a proposed open space lot. No grading or removal of steep slopes will be permitted unless all environmental aspects have been mitigated. All environmental aspects have been mitigated for the project in that an open space habitat lot will be preserved. b. Drainage, Erosion, Sedimentation, Habitat. Topographic and vegetation mapping and analysis was prepared as part of the project. Habitat boundaries were identified and a 20 foot wide upland habitat buffer area and 60 foot wide Fire Suppression Zone has been provided in open space Lot 3 between the proposed development and the proposed habitat open space lot (Lot 4) to buffer sensitive habitat areas from intrusion. A Preliminary Storm Water Management Plan (Hunsaker & Associates, July 9, 2009) was prepared for the project. Project grading is designed to match the historical drainage pattern of the site. To reduce the amount of discharge and velocity of run-off to GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06- 10/HMP 07-02 - MUROYA SUBDIVISION April?, 2010 PAGE 13 predevelopment levels, the project incorporates Low Impact Development (LID) design features. These promote infiltration of storm water run-off by proposing to minimize impervious surface areas by utilizing pervious pavers for all residential driveways, and directing all run-off to landscape areas for bio-filtration. Furthermore, construction of the proposed project improvements will comply with all federal, state and local water quality regulations, including the Clean Water Act and associated NPDES regulations. A grading permit is required for the project prior to commencement of grading, which requires review and approval of an erosion control plan. The erosion control plan will employ grading construction Best Management Practices (BMP) which will reduce temporary impacts on water quality. Through implementation of the recommended site design and source control BMPs, post construction impacts to water quality will be mitigated to an acceptable level. c. Landslides and Slope Instability. The Preliminary Geotechnical Investigation (Geocon, Inc., July 14, 2009), indicates that the site consists predominantly of debris fill, undocumented artificial fill soils, a thin layer of top soil, colluvium and alluvium underlain by formational materials of the Lindavista and Santiago Formations. The Preliminary Geotechnical Investigation indicates that existing artificial fill and topsoil materials will require removal and re-compaction in accordance with the recommendations of the report. The debris fill is considered unsuitable for the project and will require remedial grading and will be cleaned or exported from the site. No evidence of landslide or slope instability was identified in the report. By following the geotechnical recommendations contained within the referenced report, the site is suitable for the proposed project and exposure of people or structures to geotechnical related hazards is relatively low. d. Seismic Hazards. The Preliminary Geotechnical Investigation (Geocon, Inc., July 14, 2009), indicates that no active or potentially active faults are known to exist on or in the vicinity of the project site. The report found that the site has a relatively low risk of exposure to seismic hazards and the Lindavista and Santiago Formation deposits underlying the site are not considered liquefiable due to their physical characteristics, lack of an elevated ground water table, high-density characteristics, and age. e. Flood Plain Development. The lowest proposed pad elevation is approximately 327 ft. above mean sea level (msl). No part of the site is within the 100 year floodplain. The proposed LCPA is necessary to change the LCP Land Use designation on the property from RLM (0-4 du/ac) to RM (4-8 du/ac), RLM (0-4 du/ac), and OS, and to change the LCP Zoning designation on the property from L-C to Residential Density-Multiple (RD-M), One-Family Residential (R-l), and OS. These proposed Local Coastal Program land use and zoning changes are consistent with the project's proposed General Plan Land Use and City Zoning designation changes. H. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code) The site has an elevation grade change greater than 15 feet and slopes greater than 15%, therefore the project requires a Hillside Development Permit (HDP). Hillside conditions have GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06- 10/HMP 07-02 - MUROYA SUBDIVISION April 7, 2010 PAGE 14 ; been properly identified on the constraints map which show existing and proposed conditions and slope percentages. Undevelopable areas of the project, (i.e., slopes over 40%, and the open space preserve area) have been properly identified and are primarily located within the proposed Open Space Lot 4. The site does contain "dual criteria" slopes, which are defined as natural slopes equal to or greater than 25% gradient possessing endangered species and/or coastal sage scrub and chaparral plant communities within the Coastal Zone. The project does impact 0.36 acres (6.36%) of the 5.66 acres of dual criteria slopes. As discussed above in Section G, these impacts are considered unavoidable given the constraints of the site, the clustered development, and the brush management requirement. The project will impact small isolated pockets of 40% gradient slopes. However, none of these isolated slopes are greater than ten thousand square feet in area nor comprised of prominent land form features and therefore can be developed pursuant to Section 21.95.120(B) of the CMC. Furthermore, the project does encroach into existing manufactured slopes with a gradient of 40%. However, these slopes are comprised of debris fill (an unusual soil condition) which is required to be removed, cleaned, and/or re-compacted. However, this is permitted per Section 21.95.130(A)(3)oftheCMC. The project will include grading over the flatter developed/agriculture northern portion of the site. Project grading results in an estimated 22,540 cubic yards of cut, 19,970 cubic yards of fill, which results in 2,570 cubic yards of export. In addition, the project grading includes 7,840 cubic yards of over-excavation and remedial grading for the removal and re-compaction of manufactured fill (debris fill) soils onsite. The resulting grading volume of 3,005 cubic yards per acre is identified by the Hillside Development Regulations as being within an acceptable range. Furthermore, the project is consistent with the Hillside Development & Design Guidelines. All manufactured slopes will be landscaped and screened, the pad grades for the proposed subdivision have been designed to step and follow the dominant slope of the land, all roof slopes are oriented in the same direction as the slopes, and the building footprints and rooflines are parallel with the natural contours of the slope. I. Habitat Preservation and Management Requirements (Chapter 21.210 of the Carlsbad Municipal Code) The City of Carlsbad's HMP identifies the 20.27-acre project site as a Standards Area, and is located directly adjacent to and north of an Existing Hardline Preserve Area. A habitat assessment of the project site was prepared by Dudek Engineering and Environmental in October and November of 2006 and later revised on November 2009. According to the report, the 20.27 acre site contains nine plant communities: Agricultural Lands (7.90 acres), Coastal Sage Scrub (2.03 acres), developed lands (1.11 acres), disturbed lands (1.83 acres), Native Grassland (0.19 acres), ornamental plantings (1.05 acres), Southern Maritime Chaparral (5.39 acres), Southern Mixed Chaparral (0.77 acres), and Waters of the U.S. (0.02 acres). No wetlands are located within the property; however, the 0.02 acres of waters of the U.S. is located within the upland plant community. The HMP conservation goals for Zone 20 require conservation of the majority of sensitive habitats in or contiguous with biological core and linkage areas, including no net loss of wetlands GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06- 10/HMP 07-02 - MUROYA SUBDIVISION April?, 2010 PAGE 15 habitats, southern maritime chaparral, maritime succulent scrub, and coastal sage scrub within Core Area 6 and Linkage Area F. The HMP requires additional conservation standards to be applied to properties within the Coastal Zone. The HMP requires a 20-foot buffer for all other native habitats (i.e., coastal sage scrub) between preserved habitats and development. The HMP requires preservation of 67% of the Coastal Sage Scrub (CSS) onsite, with a "no net loss" of CSS within the Coastal Zone. Project impacts to occupied CSS require a 2:1 mitigation ratio with a minimum 1:1 creation component that achieves the "no net loss" standard. As part of the project all CSS will be retained in an open space easement and will not be impacted. The proposed project, pursuant to the HMP, is to cluster development on disturbed areas to the maximum extent feasible, will primarily impact agricultural and disturbed lands. The project is proposing grading and compacting of manufactured slopes with debris fill within the project area that will impact a minor amount of Chaparral habitat. Impacts to 0.29 acres of Southern Maritime Chaparral and 0.05 acres of Southern Mixed Chaparral will be mitigated by restoration of like habitat onsite. The subject site is identified as a Standards Area in the HMP and mitigation to a "no net loss" standard is required for impacts to sensitive habitats. Table 11 (Pg. D-l 13) of the HMP identifies mitigation ratios for impacts to habitats identified as sensitive in the HMP. The HMP also allows impacts to agriculture and disturbed habitat areas to be mitigated through the payment of an in-lieu mitigation fee. According to the habitat assessment, two pairs of. California Gnatcatchers (CAGN) were observed on site, one pair in the southern portion and one pair in the central portion of the lot. The proposed development results in an open space habitat area, totaling 9.82 (Lot 4) acres, to be preserved including the areas where the CAGN were identified. The site is part of a habitat corridor, Linkage F, and is also a suitable habitat for other species to occur. The habitat assessment did not identify any other special status wildlife species on the site. In addition, to protect CAGN breeding, mitigation measures are included with the project that would prohibit clearing, grubbing, grading or other construction activities in the CSS from February 15 to August 31, the breeding season of the CAGN. Additionally, from February 15 to August 31, no construction activities shall occur within any portion of the site where they would result in noise levels exceeding 60 dB(A) hourly average at the edge of CSS. In order to prevent negative effects on the existing HMP Hardline Preserve, mitigation measures have been included with the project to address the interface between the proposed development and the existing habitat. These include fire management; erosion control; landscaping restrictions; fencing, signage, and lighting requirements; and predator and exotic species control. Additionally, in accordance with the HMP, the open space area (Lot 4) has been conditioned to be protected by a conservation easement. An Open Space Management Plan will be prepared, and an endowment will need to be established for long-term management, monitoring and reporting of the area in perpetuity. Title to the open space parcel will need to be transferred to an appropriate land trust entity. GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06- 10/HMP 07-02 - MUROYA SUBDIVISION April?, 2010 PAGE 16 J. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Zone 20 Local Facilities Management Plan The proposed project is located within Local Facilities Management Zone 20 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table E below. TABLE E - GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools (Carlsbad) Sewer Collection System Water IMPACTS 128.64 sq. ft. 68.61 sq. ft. 37 EDU 0.26 acres 23.7 CFS / Drainage Basin "C" 370 ADT Fire Station 4 Acres Provided = 1 1 .40 ac. Elementary = 9.657 Middle School = 2.664 High School = 5.032 37 EDU 9,250 GPD COMPLY Yes Yes Yes Yes Yes Yes Yes Yes Yes,, Yes Yes The proposed project is 0.21 units above the Growth Management Control Point (GMCP) for RLM properties. The unit yield of the property at the RLM GMCP (3.2 du/ac) is 37.79 units and 38 (37 new units and one existing residence to remain) units are proposed. V. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to biological resources, cultural resources, and noise, and mitigation measures have been incorporated into the design of the project or have been included as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper with copies sent directly to the California Coastal Commission (CCC), California Department of Fish & Game (CDF&G), and the United States Fish & Wildlife Service (USFWS) for review and comment. One public comment letter was received during the 30-day public review period from February 17, 2010 to March 19, 2010. A letter from the Department of Toxic Substances Control (DTSC), dated March 17, 2010, with comments relating to hazardous wastes/substances and any possible mitigation measures. Staff replied to the DTSC that the project has been assessed for all potentially significant impacts through the MND and all identified impacts have been mitigated to a less than significant level. A review of the Phase I and subsequent Phase II Environmental GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06- 10/HMP 07-02 - MUROYA SUBDIVISION April?, 2010 PAGE 17 Site Assessment (April 2006) conducted by Dudek Environmental and Engineering enabled the staff to conclude in the MND that the project does not have any hazardous wastes/substances on site nor are any expected during the grading and construction phases. The comment letter from DTSC and staffs response letter are included as attachments to Resolution No. 6681 recommending approval of the Mitigated Negative Declaration (Attachment 1). ATTACHMENTS: 1. Planning Commission Resolution No. 6681 (MND) 2. Planning Commission Resolution No. 6682 (GPA) 3. Planning Commission Resolution No. 6683 (ZC) 4. Planning Commission Resolution No. 6684 (SP) 5. Planning Commission Resolution No. 6685 (LCPA) 6. Planning Commission Resolution No. 6686 (CT) 7. Planning Commission Resolution No. 6687 (CP) 8. Planning Commission Resolution No. 6688 (CDP) 9. Planning Commission Resolution No. 6689 (HDP) 10. Planning Commission Resolution No. 6690 (HMP) 11. Location Map 12. Background Data Sheet 13. Local Facilities Impact Assessment Form 14. Disclosure Statement 15. Planned Development Compliance Table C 16. Planned Development Compliance Table E 17. City Council Policy 44 Compliance Table 18. City Council Policy 66 Compliance Table 19. Compliance Matrix 20. Reduced Exhibits 21. Full Size Exhibits "A" - "VV" dated April 7,2010 1 PLANNING COMMISSION RESOLUTION NO. 6681 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 AND MITIGATION MONITORING AND REPORTING PROGRAM FOR A GENERAL PLAN AMENDMENT TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION 6 FROM RESIDENTIAL LOW-MEDIUM (RLM) TO 5 RESIDENTIAL MEDIUM (RM), RLM, AND OPEN SPACE 7 (OS); A ZONE CHANGE FROM LIMITED CONTROL (L-C) TO RESIDENTIAL DENSITY-MULTIPLE (RD-M), SINGLE- 8 FAMILY RESIDENTIAL (R-l), AND OPEN SPACE (OS); A o LOCAL COASTAL PROGRAM AMENDMENT TO BE CONSISTENT WITH THE GENERAL PLAN AND ZONING 10 DESIGNATIONS; A SPECIFIC PLAN AMENDMENT TO CHANGE THE ZONE 20 SPECIFIC PLAN LAND USE AND 11 ZONING DESIGNATIONS; AND TO ALLOW FOR THE SUBDIVISION OF A 20.27-ACRE SITE INTO TWO (2) RESIDENTIAL LOTS, TWO (2) OPEN SPACE LOTS, AND 13 ONE (1) PRIVATE STREET LOT; AND THE GRADING AND DEVELOPMENT OF THIRTY SEVEN (37) DETACHED AIR- 14 SPACED CONDOMINIUM ONE-FAMILY DWELLING UNITS ON PROPERTY GENERALLY LOCATED NORTH OF 15 AVIARA PARKWAY, SOUTH OF CORTE ORCHIDIA, EAST 16 OF TOWHEE LANE, AND WEST OF BLACK RAIL ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 20. 17 CASE NAME: MUROYA SUBDIVISION CASE NO.: GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06- 18 09/CT 06-27/CP 06-19/CDP 06-32/HDP 06- 10/HMP 07-02 20 WHEREAS, Taylor Morrison of CA, LLC, "Developer," has filed a verified 21 application with the City of Carlsbad regarding property owned by Muroya Family Trust, 22 "Owner," described as 23 The East One-Half of the Northeast Quarter of the Northwest 24 Quarter, Section 27, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, 25 County of San Diego, State of California, According to United States Government Survey26 27 ("the Property"); and 28 WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was prepared in conjunction with said project; and 1 WHEREAS, the Planning Commission did on April 7, 2010, hold a duly noticed 2 public hearing as prescribed by law to consider said request; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony 4 and arguments, examining the initial study, analyzing the information submitted by staff, and g considering any written comments received, the Planning Commission considered all factors 7 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting o0 Program. 9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 10 Commission as follows: 11 A) That the foregoing recitations are true and correct. 1-3 B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative 14 Declaration and Mitigation Monitoring and Reporting Program , Exhibit "MND," according to Exhibits "Notice of Intent (NOI)," and "Environmental 15 Impact Assessment Form - Initial Study (EIA)," attached hereto and made a part 1, hereof, based on the following findings: 17 Findings: 18 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and 2Q Mitigation Monitoring and Reporting Program for the Muroya Subdivision - GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06-19, CDP 06-32, 21 HDP 06-10, and HMP 07-02, and the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING ADOPTION of 22 the project; and 23 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 24 Program has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection 25 Procedures of the City of Carlsbad; and 26 c. it reflects the independent judgment of the Planning Commission of the City of ~7 Carlsbad; and 28 d. based on the EIA and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the environment. PCRESONO. 6681 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. Developer shall implement, or cause the implementation of, the Muroya Subdivision - Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-097 ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMP 07-02 Project Mitigation Monitoring and Reporting Program. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 7, 2010, by the following vote, to wit: AYES: NOES: Chairperson Douglas, Commissioners Baker, Dominguez, L'Heureux, and Nygaard ABSENT: Commissioners Montgomery and Schumacher ABSTAIN: FARRATTT3?41OUGLAS, CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Planning Director PCRESONO. 6681 -3- ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY CASE NO: GPA 06-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-27/ CP 06-19/CDP 06-32/HDP Q6-10/HMPP 07-02 DATE: February 11,2010 BACKGROUND 1. CASE NAME: MUROYA SUBDIVISION 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Dan Halverson - (760) 602-4631 4. PROJECT LOCATION: North of Aviara Parkway, south of Corte Qrchidia. east of Towee Lane. and west of Black Rail Road (APN 215-040-03). 5. PROJECT SPONSOR'S NAME AND ADDRESS: Murova Family Trust. P.O. Box 131016. Carlsbad. CA 92012 6. GENERAL PLAN DESIGNATION: RLM (Residential Low-Medium Density. 0-4 du/ac) 7. ZONING: L-C (Limited Control) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): Coastal Commission 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The proposed project involves a General Plan Amendment (GPA), Zone Change (ZC), Local Coastal Program Amendment (LCPA), Specific Plan Amendment (SPA), Tentative Tract Map (CT), Condominium Permit (CP), Coastal Development Permit (CDP), Hillside Development Permit (HDP), Habitat Management Plan Permit (HMPP) to allow for the subdivision and development of a 20.27 acre parcel (APN 215-040-03) located north of Aviara Parkway, south of Corte Orchidia, east of Towee Lane, and west of Black Rail Road. The Parcel will be subdivided into five (5) separate lots. Lot 1 is approximately 6.3 acres in size and will contain 37 detached condominium units clustered in the northern and eastern portions of the lot. Lot 2 is 0.9 acres in size and is the site of the owners existing residence which will remain on this parcel. Lot 3 and 4 are 1.6 acres and 9.8 acres in size and will be open space lots (lot 3 as a buffer zone and lot 4 as open space habitat). Lot 5 is a 0.7 acre size lot which will be developed as private road for common access to the 37 detached condominium units. The current General Plan and Local Coastal Program Land Use designation for the entire site is RLM (Residential Low-Medium Density, 0-4 dwelling units per acre) with the Local Coastal Program and Zoning classification as L-C (Limited Control). The General Plan Amendment and LCPA will change the two (2) proposed open space lots 3 and 4 from RLM to OS (Open Space), the proposed residential lot land the proposed private street lot 5 from RLM to RM (Residential Medium Density, 4-8 dwelling units per acre), with lot 2 remaining RLM . Zoning will also be amended to correspond with the associated General Plan Land Use Amendments. The zoning for GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-211 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision the open space lots (3&4) will change from L-C to OS (Open Space), the zoning for the residential lots (1&5) will change from L-C to RD-M (Residential Density - Medium), and lot 2 will change from L-C to Single Family Residential (R-l). The site currently has a single-family structure in the southeast corner of the lot, while the north and northeast section of the lot is presently used for agricultural production. The southwest section of the lot is predominantly occupied by natural vegetated hillsides and canyons. Topographically, the site is sloping downward from east to west. The northeast section, the agricultural section, is a flat pad and then slopes steeply down to the south and west property lines. A 150-ft wide SDG&E easement bisects the site diagonally in a northwest/southeast direction. Surrounding land uses include single-family residential to the north on Courte Orchidia, open space and single-family residential to the south, single-family and vacant lots to the east across Black Rail Road, and single-family homes to the west off Towee Lane. The project site is located in an area that is subject to the requirements of the Zone 20 Specific Plan approved by the City Council in 1994. A Program EIR (PEIR.) (EIR 90-03) was certified for the Zone 20 Specific Plan. The Zone 20 PEIR indentified, analyzed, and recommended mitigation to reduce potential significant impacts to insignificant levels. The Zone 20 PEIR analyzed potential impacts to agriculture, air quality, biology, circulation, land use, noise, pesticide residue, paleontology, public facilities financing, soils/geology, and visual aesthetics that could result from the development of the Specific Plan area. The PEIR is intended to be used in the review of subsequent projects within Zone 20. The project incorporates the required Zone 20 PEIR mitigation measures, and through the analysis of the required additional biological resources, cultural resources, paleontological resources, geotechnical, Phase I & II Environmental, hydrology, and storm water management plans, reports, and studies, a determination has been made that with the implementation of additional mitigation measures, no additional significant impacts will result from this project. The Zone 20 PEIR and additional technical studies are cited as source documents for this environmental evaluation. Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-211 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision 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. Aesthetics IX. Agricultural Resources Air Quality Biological Resources IX Cultural Resources Geology/Soils Hazards/Hazardous Materials Hydrology/Water Quality Land Use and Planning Mineral Resources X Mandatory Findings of Significance X Noise Population and Housing Public Services Recreation Transportation/Circulation Utilities & Service Systems Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-27/ CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision DETERMINATION. (To be completed by the Lead Agency) I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. - t\ ~ /Q Planner Signature Date Planning Director's Signature Date Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-277 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) 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 significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly 1 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 significantly adverse. • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse 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. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse 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 adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse 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. Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-271 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse 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 adverse impact to Less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to Less than significant; or (4) through the EIA-Initial Study 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 after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-211 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant No Impact Impact IEI D a, c) Less than Significant Impact. The subject site is located along the west side of Black Rail Road, with obstructed ocean views, due to dense vegetation on site, available to the west and southwest and canyon views to the east. There are no public scenic vistas available from the site or across the site. The project is subject to various site design, architectural, and landscaping standards contained within the Zone 20 Specific Plan, City of Carlsbad Council Policy No. 44 (Neighborhood Architectural Design Guidelines), City of Carlsbad Council Policy No. 66 (Livable Neighborhoods), as well as the Planned Development and Hillside Development Chapters of the Carlsbad Municipal Code. All of these are designed to reduce visual impacts. b) No Impact, No trees or rock outcroppings will be impacted by the proposed project. The existing residence was built in the 70's and as such is less than 50 years old and is not a historic building and no historic buildings are located on or adjacent to the site. The area of proposed impact is not located within the viewshed of a State scenic highway or any State highway that is designated by CalTrans as eligible for listing as a scenic highway. No impact is assessed. d) Less than Significant Impact. With the exception of the existing single family residence, the subject site contains no lights and produces no glare at the present time. However, the proposed project will change the appearance of the subject site from a relatively undeveloped parcel to a developed site with 37 new detached condominium units. The homes will be clustered on the north and northeast section of the lot so that a large portion of the lot will remain open space. Light and glare from the proposed project is not anticipated to be significantly greater than that projected from other similar single family residential uses within the surrounding area. The proposed development modifications will involve an increase in urban appearance, but will not be dissimilar from the existing uses in the area. This increase should not result in significant new sources of-light and glare, and will not significantly impact overall views to and from the site. Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-271 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant No Impact Impact II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? a & c) Less than Significant Impact. 7.90 acres of the project site is identified as an area of non-prime agricultural land on Map X of the Mello II segment of the Local Coastal Program (LCP). The project site has been designated for residential development and agricultural uses are allowed as interim uses and conversion of the property from agricultural to urban development shall be permitted subject to the payment of an agricultural conversion mitigation fee as specified in Policy 2.1 of the Mello II segment of the LCP. The project has been conditioned accordingly. b) No Impact. The subject site is not encumbered by a Williamson Act contract. Therefore, no impact is assessed. Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-27/ CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (O3) and for paniculate matter Less than or equal to 10 microns in diameter (PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. As discussed below in Section IX - LANDUSE AND PLANNING, a General Plan Amendment is included as part of this project, to change the General Plan Land Use designation on a portion of the property from Residential Low-Medium Density (RLM, 0-4 du/ac) to Residential Medium Density (RM, 4-8 du/ac). The proposed redesignation of this property from RLM to RM will Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-27/ CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision however, result in the same number of new dwelling units (37) that was originally anticipated pursuant to the existing General Plan designation. Section 15125(d) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions in the regional air quality plan and will in no way conflict with or obstruct implementation of the regional plan. b) Less than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004, indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures 'such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15064(h)(3), the proposed project's incremental contribution to the cumulative effect is not cumulatively considerable. Any impact is assessed as less than significant. d) No impact. Aviara Elementary and Middle School are located approximately V2 of a mile to the southeast. As noted above, the proposed detached condominium development would not result in substantial pollutant emissions or concentrations. No impact is assessed. e) No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. 10 Rev. 10/02/09 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-211 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision Less than Significant No Impact Impact IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a, b, & f) Potentially Significant Unless Mitigation Incorporated. The City of Carlsbad has an adopted Habitat Management Plan (HMP), which is a comprehensive, citywide, program to identify how the City, in cooperation with the federal and state wildlife agencies, can preserve the diversity of habitat and protect sensitive biological resources within the City while allowing for additional development consistent with the City's General Plan and its Growth Management Plan. In so doing, the Plan is intended to lead to citywide permits and authorization for the incidental take of sensitive species in conjunction with private development projects, public projects, and other activities, which are consistent with the Plan. As discussed in the subsequent passages, the project does not conflict with any of the provisions of the HMP. The 20.27-acre project site currently consists of an agricultural parcel with an existing residence on the southeast corner of the lot and is surrounded by existing single-family development to the north, south, and west, and developed and undeveloped lots across Black Rail Road to the east. The lot consists of a natural canyon on the south and west side of the lot with habitat located throughout. According to the City of Carlsbad's HMP, the site is identified as a Standards Area, and is located adjacent to and north of an Existing Hardline Preserve Area. D 11 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-271 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision The HMP conservation goals for Zone 20 require conservation of the majority of sensitive habitats in or contiguous with biological core and linkage areas, including no net loss of wetlands habitats, southern maritime chaparral, maritime succulent scrub, and coastal sage scrub within Core Area 6 and Linkage Area F. The HMP requires additional conservation standards to be applied to properties within the Coastal Zone. The HMP requires a 20-foot buffer for all other native habitats (i.e., coastal sage scrub) between preserved habitats and development. The HMP requires preservation of 67% the Coastal Sage Scrub (CSS) onsite, with a "no net loss" of CSS within the Coastal Zone. Project impacts to occupied CSS require a 2:1 mitigation ratio with a minimum 1:1 creation component that achieves the "no net loss" standard. As part of the project all CSS will be retained in an open space easement and will not be impacted. A habitat assessment of the project site was prepared by Dudek Engineering and Environmental in October and November of 2006 and later revised on November 2009. According to the report, the 20.27 acre site contains nine plant communities or land covers: Agricultural Lands (7.90 acres), Coastal Sage Scrub (2.03 acres), developed lands (1.11 acres), disturbed lands (1.83 acres), Native Grassland (0.19 acres), ornamental plantings (1.05 acres), Southern Maritime Chaparral (5.39 acres), Southern Mixed Chaparral (0.77 acres), and Waters of the U.S. (0.02 acres). No wetlands are located within the property; however, the 0.02 acres of waters of the U.S. is located within the upland plant community and is therefore not discussed in the tables below. The proposed project, which is directed by the HMP to cluster development on disturbed areas to the maximum extent feasible, will primarily impact agricultural and disturbed lands. The project is proposing grading and compacting of slopes within the project area that will impact a minor amount of Chaparral habitat. Impacts to 0.29 acres of Southern Maritime Chaparral and 0.77 acres of Southern Mixed Chaparral, as illustrated in the table below will be mitigated by restoration of like habitat onsite. The subject site is identified as a Standards Area in the HMP and mitigation to a "no net loss" standard is required for impacts to sensitive habitats. Table 11 (Pg. D-l 13) of the HMP identifies mitigation ratios for impacts to habitats identified as sensitive in the HMP. The HMP also allows impacts to agriculture and disturbed habitat areas to be mitigated through the payment of an in-lieu mitigation fee The following tables summarize impacts to vegetation types and identify proposed mitigation as presented in Dudek's biological assessment: VEGETATION TOTALS AND IMPACTS PLANT COMMUNITY/LAND COVER EXISTING ACREAGE TOTAL IMPACTS Group B Native Grassland Southern Maritime Chaparral 0.19 5.39 0.00 0.29(5.3%) Group C Coastal Sage Scrub 2.03 0.00 Group D Southern Mixed Chaparral 0.77 0.05 (6.5%) Group F Disturbed Lands Agriculture 1.83 7.90 1.56 6.66 Other Lands Developed Ornamental Plantings Totals 1.11 1.05 20.27* 1.11 0.78 10.45 *Total project acreage may not total exactly due to rounding 12 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-27/ CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision PROPOSED MITIGATION FOR IMPACTS TO VEGETATION COMMUNITIES VEGETATION COMMUNITY Southern Maritime Chaparral Southern Mixed Chaparral Agriculture Disturbed Land Totals EXISTING ACREAGE 5.39 0.77 7.90 1.83 15.89 IMPACTED ACREAGE 0.29 (5.3%) 0.27 (6.5%) 7.90 1.56 10.02 MITIGATION RATIO 3:1 1:1 Mello 11 LCP Ag. Mitigation Fee In-lieu fee MITIGATION REQUIREMENT 0,87 acres will be restored onsite as Open Space (Lot 3&4) 5.1 acres (94.6%) will be preserved onsite as Open Space 0.27 acres will be restored onsite as Open Space (Lot 3&4) 0.50 acres (93. 5%) will be preserved onsite as Open Space In-lieu fee 10,000 per acre In-lieu fee Sensitive Plant Species According to the habitat assessment, no sensitive plant species listed by the United States Fish & Wildlife Service (USFWS), California Department of Fish & Game (CDFG), or the HMP were observed onsite. Four species designated as sensitive by the California Native Plant Society (CNPS) were found on site: California Adolphia, Wart-stemmed Ceanothus, Nuttall's Scrub Oak, and Engelmann Oak. All four species are within the proposed Open Space area and therefore, no impact to sensitive plant species is assessed. Sensitive Wildlife Species According to the habitat assessment, one state and federally listed endangered species was observed onsite. Two pairs of California Gnatcatchers (CAGN) were observed on site, one pair in the southern portion and one pair in the central portion of the lot. The proposed development results in an open space habitat area, totaling 9.82 (Lot 4) acres, to be preserved including the areas where the CAGN were identified. The site is part of a habitat corridor, Linkage F, and is also a suitable habitat for other species to occur. The habitat assessment did not identify any other special status wildlife species on the site. In accordance with the HMP, the project will be required to implement management of the CAGN habitat to include: 1) manage preserve areas to minimize edge effects, control cowbirds and predators, prevent livestock overgrazing, and restrict human disturbance; 2) prepare and implement a fire management program for preserve areas as part of a detailed management plan; and 3) where opportunities arise, enhance and restore CSS within preserve areas, with priorities given to the creation of CAGN breeding opportunities within constrained linkages. As proposed, approximately 2.03 acres of CSS habitat will be conserved within the proposed open space HMP lot. A preserve management and fire management program will be included in the long-term management and maintenance plan for the preserved open space. In addition, to protect CAGN breeding in the HMP preserve area, mitigation measures are proposed that would prohibit clearing, grubbing, grading or other construction activities in the CSS from February 15 to August 31, the breeding season of the CAGN. Additionally, from February 15 to August 30, no construction activities shall occur within any portion of the site where they would result in noise levels exceeding 60 dB(A) hourly average at the edge of CSS. 13 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-27/ CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision Indirect Impacts The project is located adjacent to and north of an existing HMP Hardline area. In order to minimize edge effects, the habitat assessment recommends incorporation of the following adjacency standards as mitigation for the project to reduce indirect impacts: 1. Fire Management: A Fire Protection Plan has been included as part of the project design and includes a 60- foot wide fire suppression zone between the proposed structures (Lots 21-27, 29 and 35-37) and the HMP Preserve boundary to the west. Fire Suppression Zones 2 and 3, which are closest to the HMP Preserve boundary, will be planted with a low water use, naturalizing plant species, known to have low fuel characteristics. As such, implementation of fire management requirements as proposed would be consistent with the HMP buffer requirements. 2. Erosion Control: Prior to construction of the proposed project, the project proponent shall develop an erosion control plan. The plan shall identify areas susceptible to erosion on the property and immediately adjacent to the existing HMP Preserve Area. All potentially sensitive slopes shall be stabilized and, if necessary, planted with native vegetation consistent with the plant community in the adjacent preserve area. The erosion control plan shall contain elements preventing runoff and the transport of fertilizers, pesticides, and similar materials into the existing HMP Preserve Area. 3. Landscaping Restrictions: The proposed project has been designed to provide an Open Space Lot (Lot 3) between the proposed natural vegetated Open Space Lot (Lot 4) and residential Lots 21-27, 29 and 35-37. A 6 ft. tall tubular steel view fence is proposed along the rear property lines of Lots 21-27, 29 and 35-37, which will further separate these two areas. The project shall prohibit the use of any non-native, invasive plant species in landscaping adjacent to the existing HMP Preserve or in any area where undesirable plant materials may have the opportunity to spread into the adjacent preserve area. The Final Landscape Plans prepared for the project shall include a list of HMP non-native invasive plant species that are to be avoided. Lastly, the project shall control landscape irrigation located adjacent to the existing HMP Preserve in order to prevent runoff from spreading into it. 4. Fencing. Signs, and Lighting: The proposed project has been designed to provide an Open Space Lot (Lot 3) between the proposed natural vegetated Open Space Lot (Lot 4) and residential Lots 21-27, 29 and 35- 37. A 6 ft. tall tubular steel view fence is proposed along the rear property lines of Lots 21-27, 29 and 35- 37, which will further separate these two areas. Where Open Space Lot 3 and the Proposed HMP Preserve Area meet, a 4 to 5 ft. tall black vinyl coated chain link fence shall be constructed along the entire boundary. Signage shall be installed on the fence to educate and inform the public about the goals of the HMP Preserve and to prohibit public access. Lighting in back yards adjacent to the existing HMP preserve area shall be of the minimum necessary for safety and security and shall be shielded and directed to shine downward and not into the HMP Preserve. Homeowner lighting restrictions shall be included in the project CC&R's. 5. Predator and Exotic Species Control: Project CC&R's shall educate homeowners regarding responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild). The proposed project has been designed to provide an Open Space Lot (Lot 3) between the proposed natural vegetated Open Space Lot (Lot 4) and residential Lots 21-27, 29 and 35-37. A 6 ft. tall tubular steel view fence is proposed along the rear property lines of Lots 21-27, 29 and 35-37, which will further separate these two areas. For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the existing HMP Preserve. The use of invasive exotic plant species as listed in the HMP shall be avoided. Additionally, in accordance with the HMP, the open space area will need to be protected by a conservation easement and an endowment will need to be established for long-term management, monitoring and reporting of the area in perpetuity. Title to the open space parcel will need to be transferred to an appropriate land trust entity. The conditioned mitigation will result in a Less than significant impact to biological resources. 14 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-211 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision c) Less than Significant Impact. According to the habitat assessment, no Riparian/Riverine habitat, wetland habitat, artificially created wetlands, wetland species, or evidence of jurisdictional waters were observed or identified onsite. There were seven separate drainages found on site where highly incised channels drain water seasonally during high rainfall events. These ephemeral waters do not drain into any wetlands or navigable waters of the U.S. and therefore are not considered jurisdictional wetlands by the Army Core of Engineers (ACOE), California Department of Fish and Game (CDFG), or the Regional Water Control Board. The mapped waters of the U.S. account for a total of 0.02 acres of study area and are not included in the total for the plant communities because they are located within upland plant communities. Therefore, no significant impact to wetland habitat and wetland species is assessed. d) Less than Significant Impact. Construction of the proposed project is not expected to significantly impede local wildlife movement or migratory fish or wildlife movement because the project is clustering development onto the disturbed portion of the lot per the HMP and proposing an open space lot which keeps Linkage F intact. Therefore no significant impacts assessed. e) No Impact. The City of Carlsbad has no adopted tree preservation policy or ordinance which would affect the subject project. The subject project will not impact trees or other biological resources. Therefore, no impact is assessed. V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant No Impact Impact d) Disturb any human remains, including those interred outside of formal cemeteries? a, b & d) Potentially Significant Unless Mitigation Incorporated. A Phase I Cultural Resources Assessment and Paleontological Review was prepared for the site by Michael Brandman and Associates (MBA) on January 10, 2007. The assessment program was conducted in accordance with CEQA to determine the presence of any archaeological or historical cultural resources that could be affected by the proposed project. An intensive pedestrian survey of the site was conducted by MBA on December 3rd and 5th, 2006 along with an archeological records search in November 28, 2006 through the South Coastal Information Center (SCIS) at San Diego State University (SDSU). The records search revealed one site (CA-SDi-6754) located directly within the boundaries of the project site In addition, during the survey of the property, some archeological resources were found. Even though the prehistoric findings are not significant under CEQA, their presence within the project area aptly demonstrates the moderate to high probability that significant prehistoric, subsurface artifact deposits will be uncovered during development. Because of this the MBA report recommends that cultural resource monitoring take place during all ground- disturbing activities associated with the proposed development. 15 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-27/ CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision In addition to the above, a request to the Native American Heritage Commission (NAHC) for a Sacred Lands File review was also conducted, which resulted in the determination of no known resources being found present within the project boundaries. Furthermore, in accordance with the Tribal Consultation Guidelines for the State of California (California State Senate Bill 18, Chapter 905, Statutes of 2004), the City of Carlsbad requested consultation with the San Pasqual Band of Mission Indians, Pala Band of Mission Indians, Kwaaymii Laguna Band of Mission Indians, San Luis Rey Band of Mission Indians, and the Kumeyaay Cultural Repatriation Committee. Of those listed, the San Luis Rey Band of Mission Indians, in a letter dated April 11, 2007 from California Indian Legal Services, requested a formal consultation with the City of Carlsbad. A SB 18 Consultation meeting was held on January 19, 2010 in which an agreement for a formal pre-excavation agreement prior to grading, the use of tribal monitors, and to have archeological monitoring to address any cultural resources that may be found given the San Luis Rey Band's traditional territory. Conditions have been added to the project requiring archaeological monitoring by both a qualified archaeologist and tribal monitor(s) of the San Luis Rey Band of Mission Indians during all ground disturbing activities. Through the implementation of the mitigation measures recommended in the Phase I Cultural Resources Assessment and Paleontological Review along with the requirements of tribal monitoring and a formal pre-excavation agreement with the San Luis Rey Band of Mission Indians, impacts to any unforeseen or accidentally discovered cultural resources are reduced to a level of less than significant. c) Potentially Significant Unless Mitigation Incorporated. The project site is located in an area which is subject to the requirements of the Zone 20 Specific Plan approved by City Council in 1994. A Program Environmental Impact Report (PEIR) (EIR 90-03) was certified for the Zone 20 Specific Plan. According to the PEIR, Eocene age rocks of the Santiago Formation (35 to 54 million years old) are known to contain significant fossils in the Carlsbad area and represent a significant resource. Because this formation is found throughout the entire Zone 20 Specific Plan area, there is a high potential for discovery of fossils during grading and construction activities. An updated Geotechnical Investigation Report was prepared for the project by Geocon, Inc. (Project No. 07671-52- 01, July 14, 2009) and a Phase I Cultural Resources Assessment and Paleontological Review by MBA (January 10, 2007) to identify the geologic conditions of the site. According to the reports, the majority of site consists primarily of debris fill, undocumented fill, topsoil, colluviums, and alluvium soils, and by formational materials consisting of Lindavista, Santiago Formation bedrock materials, as well as Torrey Sandstone. While the deposits of the Lindavista and Torrey Sandstone have moderate paleontological sensitivity, sediments belonging to the Santiago Formation are assigned high sensitivity. Because of the "high paleontological resource sensitivity" of the middle Eocene Santiago Formation and the moderate sensitivity of the Lindavista and Torrey Sandstone, the report recommends full-time paleontological monitoring of the mass grading and excavation activities by a qualified paleontologist. A mitigation program for the proposed project which involves the review of the grading plans and full time attendance of a paleontologist during grading operations, with the authority to direct grading in order to salvage and curate resources, will mitigate any impacts to a level of less than significant. 16 Rev. 10/02/09 VI. GEOLOGY AND SOILS - Would the project: GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-271 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision Less than Significant No Impact Impact Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Section 1802.3.2 of the California Building Code (2007), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? a.i,) No Impact. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. No impact is assessed. a.ii.-a.iv.) Less than Significant Impact. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. However, there are several active faults throughout Southern California, and potential earthquakes resulting from these faults could affect Carlsbad. An updated Geotechnical Investigation Report was prepared for the project by Geocon, Inc. (Project No. 07671-52-01, July 14, 2009) to identify the geologic conditions of the site. According to the report, the majority of site consists primarily of debris fill, undocumented fill, topsoil, colluviums, and alluvium soils, and formational materials consisting of Lindavista and Santiago Formation bedrock. It is understood that the same building code standards, which ensure the relative safety of all new residential construction, will be applied to the units constructed 17 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-271 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision pursuant to the proposed tentative map. The geotechnical report found that by following standard and accepted soil preparation techniques, the site is suitable for the proposed project, and would not expose people or structures to fault ruptures, liquefaction or landslides. All existing artificial fill, Colluvium/Alluvium materials, and loose, weathered Lindavista/Santiago Formation sediments will require removal and re-compaction according to the recommendations outlined in the geotechnical report. b) Less than Significant Impact. During finish grading, exposure of soils could lead to an increased chance for the erosion of soils from the site. However, such grading will follow best management practices for the control of erosion, such as straw bale or sandbag barriers, silt fences, slope roughening, and outlet protection in exposed areas. Finished grades will be promptly hydroseeded or otherwise protected as required per the adopted City Grading Ordinance. If necessary, temporary slope cover such as jute matting or mulch will be applied to newly graded slopes to reduce the potential for soil erosion or the loss of topsoil to a level that is considered to be less than significant. c-d) Less than Significant Impact. The Geotechnical Investigation indicates that existing debris fill, undocumented fill, topsoil, colluviums, and alluvium soils will require removal and re-compaction according to the recommendations in the report. On-site soils are generally very low to low in expansion potential and recommendations for foundation design and construction are presented in the report. The report indicates that development of the property appears to be viable form a geotechnical viewpoint, provided the recommendations presented in the report are properly incorporated into the design and construction of the project. e) No Impact. The proposed project does not propose septic tanks and will utilize the public sewer system. Therefore, there will be no impacts involving soils that support the use of septic tanks or alternative wastewater disposal systems. Therefore, no impact is assessed. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less than Significant No Impact Impact 18 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-27/ CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision ore) For a project within an airport land use plan, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a-b) Less than Significant Impact. A Phase I and II Environmental Site Assessments were prepared for the project property by Dudek Engineering and Environmental (April 2006). The Phase 1 Environmental Site Assessment identified a 500-gallon aboveground fuel storage tank and pesticide use during the past agricultural activities as potential concerns, and recommended that soil samples be investigated for hazardous materials. As part of the Phase II Environmental Site Assessment. Dudek collected five different soil samples at two locations adjacent to the aboveground storage tank for petroleum hydrocarbons (TPH). None of the soil samples had detectable concentrations of TPH diesel. One of the samples, a surface sample taken from underneath the nozzle of the fuel storage tank had detectable amounts of hydrocarbons in the motor oil range. There are no specified action levels for motor oil hydrocarbons so the report recommendation is for the visibly stained soil be dug out and properly disposed of prior to any grading for the project. Dudek also collected eight soils samples from throughout the nursery site for pesticides analysis. Laboratory test results reported small concentrations of organochlorine pesticides in all eight of the samples. The US EPA Region IX has published Preliminary Remediation Goals (PRG's) as well as the California EPA publishing of the California Human Health Screening Levels (CHHSL's). Both the EPA PRG's and CAL/EPA CHHSL's have a set base for residential development. The report demonstrates that none of the eight samples contained concentrations greater than the US EPA Region IX Residential PRG's or CAL/EPA Residential CHHSL's (See Table below). Table: Soil Sampling Data for Organochlorine Pesticides Analyte 4,4'- DDD 4,4'- DDE 4,4'- DDT US EPA PRG (fig/kg) 2,400 1,700 1,700 US EPA CHHSL (fig/kg) 2,300 1,600 1,600 Sample 1 23.4 56 45 Sample 2 22.2 46.4 25.4 Sample 3 41 96 63 Sample 4 7.2 15.6 10 Sample 5 <0.5 0.5 <0.4 Sample 6 58 134 83 Sample 7 <.0.5 <0.5 <0.4 Sample 8 <0.5 1 O.4 19 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-27/ CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision The Phase I Environmental Site Assessment also recommends that the existing house and maintenance building be analyzed for asbestos and lead based paint prior to any demolition, which will be incorporated into the conditions of approval. By following the recommendations contained within the referenced report, the site is suitable for the proposed project, and exposure of people to hazardous materials is considered to be less than significant. The project also involves grading operations and construction activity for the development of single-family homes. During the construction phases of the proposed project, construction equipment and materials typically associated with land development (i.e. petroleum products, paint, oils and solvents) will be transported and used onsite. Upon completion of construction of the project, some use of hazardous cleaning products on the site may occur. Other than during this construction phase, the project will not routinely utilize hazardous substances or materials. All transport, handling, use, and disposal of any cleaning substances will comply with all federal, state, and local laws regulating the management and use of such materials. No extraordinary risk of accidental explosion or the release of hazardous substances is anticipated with construction, development, and implementation or operation of the proposed project. It is concluded that the routine amount of hazardous materials utilized during the construction period is not significant, and therefore the impact to the public or the environment through the routine transport, use, or disposal of hazardous materials is considered to be less that significant. c) No Impact. The nearest schools to the site are Aviara Oaks Elementary and Middle School, located approximately 0.5 mile to the southeast. Because the site is not located within one-quarter mile of an existing or proposed school, no significant hazardous materials impacts are anticipated. No impact is assessed. d) No Impact. The subject property is not included on any lists or registry of sites containing hazardous materials. No impact is assessed. e) No Impact. The subject site is located approximately 1.15 miles south of the McClellan-Palomar Airport runway. Because the site is located well outside of the McClellan-Palomar Airport Area of Influence and furthermore is not located within any Flight Activity Area or Runway Protection Zone, it is concluded that the site will not cause a safety hazard for people residing or working within the project area. No impact is assessed. f) No Impact. No private airstrip exists within the vicinity of the subject project. No impact is assessed. g) No Impact. The proposed project involves development of an agricultural parcel and is located directly adjacent to Black Rail Road. Neither construction nor the operation of the proposed project facilities will significantly affect, block, or interfere with traffic on public streets, including any streets that would be used for an emergency response plan or emergency evacuation plan. No emergency response or evacuation plan directs evacuees through the project site, and no improvements are proposed by the project in any area which would physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact is assessed. h) No Impact. The proposed project site currently consists of an undeveloped agricultural parcel with an existing residence on the southeast corner of the lot and is surrounded by existing single-family development to the north, south, and west, and Black Rail Road and developed and undeveloped lots to the east. The lot consists of a natural canyon on the south and west side of the lot with habitat located throughout. A Fire Suppression Plan for the project has been included as part of the project, which includes the requirement of a 60 foot wide fire suppression zone consistent with the City of Carlsbad's Landscape Manual and Fire Department standards. As such, the project does not expose people or structures to a significant risk of loss, injury or death involving wildland fires. No impact is assessed. 20 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-27/ CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant No Impact Impact k) Increase erosion (sediment) into receiving surface waters. 21 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-211 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact Kl El 1) Increase pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? n) Increase any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? o) Increase impervious surfaces and associated runoff? p) Impact aquatic, wetland, or riparian habitat? q) Result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? a) Less than Significant Impact. Federal, state and local agencies have established goals and objectives for storm water quality in the region. The proposed project, prior to the start of construction, will comply with all federal, state and local permits including the Storm Water Management Plan (SWMP) required under the County of San Diego Watershed Protection, Storm Water Management, and Discharge Control Ordinance (WPO) (Section 67.871), the City of Carlsbad's Standard Urban Storm Water Management Plan (SUSMP), and the National Pollution Discharge Elimination System (NPDES) from the Regional Water Quality Control Board (RWQCB). The project will develop and implement specific erosion control and best management practices to protect downstream water quality. These plans will ensure that acceptable water quality standards will be maintained both during construction as well as post-development. b) Less than Significant Impact. The project does not propose to directly draw any groundwater; instead it will be served via existing public water distribution lines within the public right-of-way adjacent to the site. Existing water lines will adequately serve the project's water demands. Rainwater infiltration is needed to provide adequate groundwater recharge. A Preliminary Hydrology Report (Job No. 0042-219) dated July 9, 2009, and a Preliminary Storm Water Management Plan dated July 8, 2009, was prepared for the project by Hunsaker & Associates. According to the reports, the project incorporates Low Impact Development (LID) design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas by utilizing pervious pavers for all residential driveways, and directing run-off to landscape areas for bio-filtration. This reduces the amount of discharge and velocity of run-off to pre-development levels, and also serves as a treatment BMP to attain water quality objectives. The project will not significantly deplete groundwater supplies or quality. Therefore, impacts are considered to be less than significant. c) No Impact. There are no streams or rivers within or adjacent to the site. Therefore, no impact is assessed. d) Less than Significant Impact. According to the Preliminary Hydrology Report and Preliminary Storm Water Management Plan, the proposed project will not alter the current overall drainage pattern, and the drainage discharge points for the site will remain the same. The amount of discharge and velocity of run-off will not significantly exceed pre-development levels, and therefore will not cause substantial erosion or flooding. Project grading is 22 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-211 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision designed to maintain the existing drainage pattern. The project incorporates LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas by utilizing pervious pavers for all residential driveways, and directing run-off to landscape areas. This reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. Therefore, impacts are considered to be less than significant. e) Less than Significant Impact. According to the Preliminary Hydrology Report and Preliminary Storm Water Pollution Prevention Plan, the proposed project will not significantly impact the existing or planned storm water systems, nor will the total post development run-off significantly exceed pre-development levels. The project incorporates LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas by utilizing pervious pavers for all residential driveways, and directing run-off to landscape areas. This reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. Therefore, impacts are considered to be less than significant. f) Less than Significant Impact. The project will not substantially degrade the water quality as demonstrated in the Preliminary Hydrology Report and Preliminary Storm Water Pollution Prevention Plan prepared for the project. The project incorporates LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas by utilizing pervious pavers for all residential driveways, and directing run-off to landscape areas. This reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. Therefore, impacts are considered to be less than significant. g-j) No Impact. The project site is not located within a 100-year flood hazard area; and according to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. Catastrophic Dam Failure Inundation. Tsunami and Seiche Hazard Zone Maps, September 1992. the project site is not located within an area affected by tsunami, seiche, or mudflow, nor is the site located within a Catastrophic Dam Failure Inundation Area. Therefore, no impact is assessed. k) Less than Significant Impact. The construction phase of the project could result in increased erosion. However, as a result of the NPDES requirements associated with the proposed project, no significant increase in erosion (sediment) into receiving surface waters will result from the project. Urban runoff from the proposed development will be channeled into the appropriate storm water receptors to the maximum extent practicable as indicated in the project's Preliminary Storm Water Pollution Prevention Plan. The greatest potential for short-term water quality impacts to the drainage basin would be expected during and immediately following the grading and construction phases of the project, when cleared and graded areas are exposed to rain and storm water runoff. Standard conditions require compliance with NPDES sediment control requirements during the construction phase and implementation of the grading and construction BMPs for the project. Therefore, impacts are considered to be less than significant. 1-p) Less than Significant Impact. The project area is approximately 4-miles upstream from the Pacific Ocean. Storm water run-off drains from the site into the Batiquitos Lagoon and ultimately the Pacific Ocean. According to the California 2006 303(d) list published by the San Diego Regional Water Quality Control Board, the Batiquitos Lagoon and Pacific Ocean (in the area of the Batiquitos Lagoon) are not listed as impaired water bodies. However, to address water quality of the project, Best Management Practices (BMP) will be implemented during construction and post construction phases, which specifically address sediments, nutrients, trash and debris, oxygen demanding substances, oil and grease, bacteria and viruses, and pesticides. As discussed in the sections above, the project will not significantly increase pollutant discharges and will not alter the water quality of the receiving surface waters, and the amount of discharge and velocity of run-off will not significantly exceed pre-development levels. The project is incorporating LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas by utilizing pervious pavers for all residential driveways, and directing run-off to landscape areas. This reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. q) No Impact. The project will not result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses. Please refer to the preceding responses. No impact assessed. 23 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-271 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less than Significant No Impact Impact IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? a) No Impact. Development of the subject project will not physically divide an established community. No impact is assessed. b-c) Less than Significant Impact. The 20.27-acre infill site is primarily used as for agriculture production and is developed with a large single-family residence in the southeast corner of the lot. The south west section of the lot is predominantly natural vegetated hillsides and canyons with sensitive habitat. Topographically, the site is sloping from east to west. The northeast section, the agricultural section, is predominantly a flat pad while the southern and western portions of the project area have small ridges, shallow valleys, and hillsides. These hillsides slope down and away to the west and range in elevation from approximately 220 to 300 feet above sea level. This area is in a natural state and exhibits an overgrowth of vegetation and sensitive habitat. Surrounding land uses include single-family residential to the north, Courte Orchidia, open space and single-family residential to the south, single-family and vacant lots to the east, across Black Rail Road, and single-family homes to the west, off Towee Lane. The General Plan and Local Coastal Program Land Use designations for the site are both identified as Residential Low-Medium Density (RLM). The RLM designation anticipates single-family residential dwellings at 0 to 4 dwelling units per acre with a Growth Management Control Point (GMCP) of 3.2 dwelling units per acre. The site is highly constrained with hillsides, habitat, and a SDGE easement running across the lot. The net developable acreage after constraints is 11.81 acres which would result in 37.79 units at the GMCP of the RLM designation. The Habitat Management Plan (HMP) requires the development to be concentrated on the disturbed portions of the lot to the maximum extent feasible, as described in section 7-14(d) of the Carlsbad HMP (page D-119). To ensure that development of this infill site is compatible with the existing surrounding residential land uses, and to further reduce any potentially significant impacts to hillsides and habitat as a result of excessive grading, the project is proposing to cluster development into the north and east section of the lot on the agricultural and disturbed portions of the lot. As a result of the clustered development and to preserve as much habitat and hillsides as feasible a General Plan Amendment and Local Coastal Program Amendment to change the General Plan and Local Coastal Program Land Use designations on the property from RLM to Residential Medium Density (RM, 4-8 du/ac) on proposed lots 1&5, Open Space (OS) on lots 3 & 4, and to retain the RLM designation on lot 2 which will preserve the owners exiting residence. Concurrently, the project is proposing to change the City Zoning and Local Coastal Program Zoning designations on the property from Limited Control (L-C) to Residential Density-Multiple (RD-M), OS, and One- Family Residential (R-l). The proposed project density at 5.3 du/ac is compatible with the proposed RM (4-8 du/ac) land use designation and is 0.7 units below the GMCP. The number of proposed dwelling units (37) does not exceed the number (37.79) permitted under the existing General Plan Land Use designation as a result of the clustering of development. The project also is proposing a one family detached type of development that will have the appearance of single-family residences and be compatible with the predominant surrounding single-family uses. Therefore, the project does not conflict with any existing or proposed land use plans or policies and furthermore as illustrated • 24 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-211 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision above in Section IV - Biological Resources, the project does not conflict with any habitat conservation plans or natural community conservation plans of the City of Carlsbad. X. MINERAL RESOURCES - Would the project: a) 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant No Impact Impact b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? a-b) No Impact. There is no indication that the subject property contains any known mineral resources that would be of future value to the region or the residents of the State. No impact is assessed. XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact Potentially Significant Unless Mitigation Less than Significant No Incorporated Impact Impact e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 25 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-271 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision a) No Impact. The project will not result in exposure of persons to or generation of noise levels in excess of standards established in the local General Plan or noise ordinance or applicable standards of other agencies. The proposed project residences are located a distance greater than 500 feet from a General Plan Circulation Element Roadway (Aviara Parkway), and furthermore, according to the City of Carlsbad Noise Guidelines Manual (Carlsbad Future 2010 Noise Corridor Map) is outside of the 60 dB(A) CNEL contour. b & d) Less than Significant Impact. The anticipated grading operation associated with the proposed one-family dwellings will result in a temporary and minor increase in groundborne vibration and ambient noise levels. Following the conclusion of grading, ambient noise level and vibrations are expected to return to pre-existing levels and therefore impacts are considered to be less than significant. c) No Impact. The project consists of 37 detached multi-family homes, which are consistent in use and intensity with the surrounding residential development. As such, the project would not result in sustained ambient noise levels which would exceed the established standards. No impact assessed. e) Potentially Significant Impact Unless Mitigation Incorporated. The subject site is located approximately 1.15 miles south of the McClellan-Palomar Airport. The project site is located well outside of the Airport Influence Area, Flight Activity Zone, and/or the Runway Protection Zones that are established by the McClellan-Palomar Airport Land Use Compatibility Plan (ACLUP). However, the site is located within the Noise Impact Notification Area (NINA), which encompasses most of the City of Carlsbad. According to the ACLUP, much of the noise in this area occurs on an irregular basis, and is often called single event noise. This type of noise, although not generally considered to be a health or safety issue, may be a nuisance. Therefore, all residential projects located within the NINA are required to record a notice that the property is subject to over flight, site, and sound of aircraft operating from McClellan-Palomar Airport. Mitigation measures have been included to reduce this impact to a level considered to be Less than significant. f) No Impact. No private airstrip exists within the vicinity of the subject project. No impact is assessed. Less than Significant No Impact Impact XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? a-c) No Impact. Because of the project's lot constraints and per the HMP the project is clustering development in the north and east side of the lot. Therefore, the project's size of 37 one-family detached residential units is consistent with the intensity of the surrounding residential land uses. The project site and the area surrounding it are designated for residential development and were analyzed accordingly in the Zone 20 Local Facilities Management Plan and the Zone 20 Specific Plan E1R. As indicated above in Section IX., the density of the proposed development is consistent with the proposed amended City of Carlsbad General Plan. The project will not displace people or Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated 26 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-211 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision existing housing, thus necessitating the construction of replacement housing elsewhere. Therefore, no impact is assessed. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant No Impact Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? a.i. - a.v.) No Impact. Although the sites General Plan designation is being revised from RLM to RM the project's size, consisting of 37 one-family residential units, does not exceed the number of units that could be developed on the property at the GMCP (3.2 du/ac) of the RLM General Plan designation. Therefore, this project will not affect the provision and availability of public facilities (fire protection, police protection, schools, parks, libraries, etc.). The proposed project shall be subject to the conditions and facility service level requirements within the Local Facilities Management Plan for Zone 20. Therefore, no significant public service impacts will occur as a result of this project. No impact is assessed. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant No Impact Impact 27 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-271 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision a-b) No Impact. The project's size, consisting of 37 one-family residential units, will not result in the deterioration of existing neighborhood or regional parks or cause such parks to be expanded. The development of this site with 37 dwelling units is anticipated by the existing General Plan, and in accordance with the Zone 20 Local Facilities Management Plan the project is conditioned to pay park-in-lieu fees to Park District 3. Therefore, no adverse physical effect on the environment will occur as a result of this project. No impact is assessed. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at • intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? a) Less than Significant Impact. The 37 proposed one-family detached homes will generate 370 Average Daily Trips (ADT), which is not substantial in relation to the existing traffic load and capacity of the street system. While the increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. The proposed project would not, therefore, cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. The impacts from the proposed project are, therefore, less than significant. b) Less than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: 28 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-211 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision Rancho Santa Fe Road El Camino Real Palomar Airport Road SR78 LOS "A-D" "A-D" "A-D" tcini* The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highway 78 is currently operating at or better than the acceptable standard LOS. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-term and at buildout. c) No Impact. The proposed project does not include any aviation components. The project is consistent with the Airport Land Use Compatibility Plan, McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project with 37 dwelling units is consistent with the City's existing General Plan and does not exceed the number of units that could be developed on the property at the GMCP (3.2 du/ac) of the RLM General; Plan designation. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. ,f) No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. No impact assessed. g) No Impact. The project is located within an area conducive to public transportation, being in close proximity to Poinsettia Lane and Aviara Parkway, both of which are major circulation element roadways. No impact is assessed. Less than Significant No Impact Impact XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 29 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-27/ CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? a-g) No Impact. The proposed residential development will be required to comply with all Regional Water Quality Control Board Requirements. In addition, the Zone 20 Local Facilities Management Plan and the Program EIR for the Zone 20 Specific Plan anticipated residential development on this site and wastewater treatment facilities were planned and designed to accommodate the future residential uses. All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. The proposed development will increase the demand for these facilities; however, the proposed number of dwelling units (37) will not result in an overall increase in the City's growth projection in the SW quadrant. Therefore, the project does not create development that will result in a significant need to expand or construct new water facilities/supplies, wastewater treatment or storm water drainage facilities. No impact is assessed. Less than Significant No Impact Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated 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? ("Cumula- tively 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?) 30 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-211 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision Potentially Significant Potentially Unless Less than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? a) Potentially Significant Unless Mitigation Incorporated. The proposed project's required mitigation, as outlined in the Biological Resources section of this report, will preclude any possible degradation of the environment or substantial reductions of habitat and wildlife species. Cumulative impacts to sensitive plant and wildlife species within the MHCP Subarea would occur through the proposed project, in absence of the implementation of the HMP, and specifically the adjacent preserve system. However, the implementation of the HMP provides mitigation for these cumulative impacts because the plan has anticipated region-wide impacts and has adopted a preserve system that mitigates for these impacts. The project is consistent with the MCHP guidelines and the HMP regional planning efforts in the City of Carlsbad. Therefore, there will be no cumulative impacts to sensitive upland habitat, and plant and wildlife species. Furthermore, the project's required mitigation as outlined in the Cultural Resources section of this report will preclude any elimination of important examples of major periods of California history or prehistory, thus reducing impacts to less than significant. b) Less than Significant Impact. The San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local General Plan Land Use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. However, the air quality would be essentially the same whether or not the development is implemented. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA had determined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The project is consistent with the City's growth projections, and therefore, the cumulative impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project, City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. c) No Impact. Based upon the residential nature of the project and that future development of the site will comply with City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. No impact assessed. 31 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-211 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 32 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-27/ CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 2. Carlsbad General Plan. City of Carlsbad Planning Department, dated March 1994. 3. City of Carlsbad Municipal Code. Title 21 Zoning, City of Carlsbad Planning Department, as updated. 4. City Council Policy 43 - Proposition E "Excess Dwelling" Unit Bank. City of Carlsbad Planning Department, dated April 26, 2005. 5. City Council Policy 44 - Neighborhood Architectural Design Guidelines. City of Carlsbad Planning Department, dated May 2, 2006. 6. Habitat Management Plan for Natural Communities in the City of Carlsbad. City of Carlsbad Planning Department, final approval dated November 2004. 7. Final Program Environmental Impact Report for the Zone 20 Specific Plan (EIR 90-03). Brian F. Mooney Associates. June 1992. 8. Airport Land Use Compatibility Plan for McClellan Palomar Airport. Carlsbad, California. San Diego County Regional Airport Authority, as amended October 4, 2004. 9. Phase I Cultural Resources Assessment and Paleontological Records Review Muroya Project. Michael Brandman Associates, January 4, 2007 10. Phase I Environmental Site Assessment, APN 215-040-03. Dudek Engineering and Environmental, April 2006 11. Phase II Environmental Site Assessment Muroya Growers. APN 215-040-03. Dudek Engineering and Environmental, April 2006 12. Biological Resources Technical Report and Impact Analysis for the Muroya Property City of Carlsbad. California, Dudek Engineering and Environmental, November 2009 13. Geotechnical Investigation Muroya Property Carlsbad. CA (Project No.07671-52-01). Geocon Incorporation, July 14, 2009 14. Tentative Map Drainage Study for Muroya (W.O. 0042-219). Hunsaker & Associates, July 9, 2009 15. Storm Water Management Plan for Muroya (W.O. 42-219). Hunsaker & Associates, July 8, 2009 16. City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. Catastrophic Dam Failure Inundation. Tsunami and Seiche Hazard Zone Maps. City of Carlsbad Planning Department, September 1992. 33 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-27/ CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision LIST OF MITIGATING MEASURES 1. To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello II Segment of the City of Carlsbad Local Coastal Program, the applicant shall provide payment of an agricultural conversion mitigation fee, the amount of which shall not be Less than $10,000 for each net converted acre (7.90 acres) of non-prime agricultural land. The fee shall be paid prior to final map approval, or issuance of grading permit or building permit, whichever occurs first. 2. Prior to recordation of the final map, mitigation for impacts to 1.56 acres of Group-F Disturbed Lands shall be mitigated by payment of an in-Iieu mitigation fee. 3. Prior to recordation of the final map, the project applicant shall dedicate on the Final Map and Record an open space and conservation easement over Open Space Lot 4 to prohibit any encroachment, development, grading, or alterations. 4. Prior to recordation of the final map, a revegetation plan must be submitted and approved by the. Planning Director to mitigate for the loss of 0.29 acres of Southern Maritime Chaparral (SMC) by restoring 0.87 acres (3:1 ratio) onsite and preserve the 5.1 acres of remaining SMC on Open Space Lot 4. The applicant shall also mitigate for the loss of 0.27 acres of Southern Mixed Chaparral by restoring 0.27 acres (1:1 ratio) onsite and preserve the remaining 0.77 acres of Southern Mixed Chaparral on Open Space Lot 4. 5. Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot(s) which are being conserved for natural habitat in conformance with the City's Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, which possesses qualifications to manage the open space lot(s) for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. d. Record a Conservation Easement over the open space lot(s). e. Prepare a Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity. 6. Prior to recordation of the final map, the developer shall dedicate an open space easement over the 20 ft. wide habitat buffer area to prohibit any encroachment, development, grading, alterations, including clearing of vegetation, except for fuel modification Zone 3 to a maximum of 20 feet for upland and non-riparian habitat. 7. No clearing, grubbing, grading or other construction activities shall occur onsite during the avian nesting season (February 15 through August 30), unless a qualified biologist confirms, through a documented survey immediately prior to clearing activities, that no nesting gnatcatchers or other sensitive bird species will be impacted. 8. Construction noise that could affect migratory songbirds and other species associated with the sensitive habitat area shall be avoided. In order to ensure compliance, grading shall be avoided during the avian nesting season (February 15 through August 30). If a grading permit is required, this restriction can be waived by the City of Carlsbad, with concurrence from the Wildlife Agencies (USF&W, CDF&G), upon completion of a breeding/nesting bird survey in accordance with the Migratory Bird Treaty Act. If nests are present, no grading or removal of habitat may take place within 500 feet of active nesting sites during the nesting/breeding season 34 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-27/ CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision (February 15 through August 30). A buffer zone will be established around any identified nests in coordination with the monitoring biologist. No construction activities shall occur within any portion of the site where they would result in noise levels exceeding 60 dB(A) hourly average at the edge of CSS. 9. Fire Management: A Fire Protection Plan has been included as part of the project design and includes a 60- foot wide fire suppression zone between the proposed structures (Lots 21-27, 29 and 35-37) and the HMP Preserve boundary to the west. Fire Suppression Zones 2 and 3, which are closest to the HMP Preserve boundary, will be planted with a low water use, naturalizing plant species, known to have low fuel characteristics. As such, implementation of fire management requirements as proposed would be consistent with the HMP buffer requirements. 10. Erosion Control: Prior to issuance of a grading permit, the project proponent shall develop an erosion control plan. The plan shall identify areas susceptible to erosion on the property and immediately adjacent to the HMP Preserve. All potentially sensitive slopes shall be stabilized and, if necessary, planted with native vegetation consistent with the plant community in the adjacent preserve. The erosion control plan shall contain elements preventing runoff and the transport of fertilizers, pesticides, and similar materials into the HMP Preserve. 11. Landscaping Restrictions: The project shall prohibit the use of any non-native, invasive plant species in landscaping adjacent to the HMP Preserve, or in any area where undesirable plant materials may have an opportunity to spread into the preserve area. The Final Landscape Plans prepared for the project shall include a list of HMP non-native invasive plant species that are to be avoided. The project shall control irrigation of landscaping adjacent to the HMP Preserve to prevent runoff from spreading into the preserve. 12. Fencing, Signs and Lighting: A 4 to 5 ft. tall black vinyl coated chain link fence shall be constructed along the entire boundary where Open Space Lot 3 and the proposed open space HMP Preserve Area (Lot 4) converge. Signage shall be installed on the fence to educate and inform the public about the goals of HMP Preserve and to prohibit public access. Lighting in back yards adjacent to the HMP preserve shall be of a minimum necessary for safety and security, and shall be shielded and directed to shine downward and not into the preserve area. Homeowner lighting restrictions shall be included in the project CC&R's. 13. Predator and Exotic Species Control: Project CC&R's shall educate homeowners regarding responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild). For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the HMP Preserve. 14. Archeological mitigation measures shall be implemented as follows: a. Prior to commencement of grading, the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of this agreement will be to establish the requirement of tribal monitoring and to formalize procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. b. Prior to issuance of a grading permit, the project developer shall retain the services of a qualified archeologist to monitor all ground disturbing activities. The applicant shall provide verification that a qualified archeologist has been retained, and verification shall be documented by a letter from the applicant and the archeologist to the Planning Director. c. A qualified archeologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. d. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. 35 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-27/ CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision e. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. f. If any deposits are evaluated as significant under CEQA, mitigation may be required as recommended by the qualified archeologist. 15. Paleontological mitigation measures shall be implemented as follows: a. Prior to issuance of a grading permit the project developer shall retain a qualified paleontologist to carry out the mitigation program outlined here. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology that is familiar with paleontological procedures and techniques.) The applicant shall provide verification that a qualified paleontologist has been retained, and verification shall be documented by a letter from the applicant and the paleontologist to the Planning Director. b. A qualified paleontologist shall be present at a pre-construction meeting to consult with the grading and excavation contractors. c. A paleontological monitor shall be onsite at all times during mass grading and excavation activities, including utility trenching, etc. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) d. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Due to the small nature of some fossils it may be necessary to collect matrix samples for processing through fine mesh screens. e. Any fossils collected shall be prepared to the point of identification and properly curated before they are donated to their final repository. f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. g. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. 16. Prior to the recordation of the final map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to over flight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 17. Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). 18. The Developer shall comply with and implement all recommendation measures of the "Geotechnical Investigation" by Geocon, Inc, dated July 14, 2009. 19. Prior to demolition of any buildings on the property an asbestos and lead paint survey shall be conducted by a certified assessor for the project structures. 36 Rev. 10/02/09 GPA 09-09/ZC 06-08/SP 203D/ LCPA 06-09/CT 06-277 CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 Muroya Subdivision . APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. 2LDate 37 Rev. 10/02/09 Page 1 of 9 PROJECT NAME: Murova Subdivision FILE NUMBERS: GPA 09-09/ZC 06-08/SP 203D/LCPA 09-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 APPROVAL DATE: The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure 1 . To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello II Segment of the City of Carlsbad Local Coastal Program, the applicant shall provide payment of an agricultural conversion mitigation fee, the amount of which shall not be less than $10,000 for each net converted acre (7.90 acres) of non-prime agricultural land. 2. Prior to recordation of the final map, mitigation for impacts to 1.56 acres of Group-F Disturbed Lands shall be mitigated by payment of an in-lieu mitigation fee. 3. The project applicant shall dedicate on the Final Map and record an open space and conservation easement over Open Space Lot 4 to prohibit any encroachment, development, grading, or alterations. Monitoring Type Prior to recordation of the final map or issuance of a grading permit Prior to recordation of the final map Prior to recordation of the final map Monitoring Department Planning Planning Planning Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Page 2 of 9 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Prior to recordation of the Final Map a regevetation plan must be submitted to and approved by the Planning Director to mitigate the loss of 0.29 acres of Southern Maritime Chaparral (SMC) by restoring 0.87 acres (3:1 ratio) onsite and preserve the 5.1 acres of remaining SMC on Open Space Lot 4. The applicant shall also mitigate for the loss of 0.27 acres of Southern Mixed Chaparral by restoring 0.27 acres (1:1 ratio) onsite and preserve the remaining 0.77 acres of Southern Mixed Chaparral on Open Space Lot 4. Prior to recordation of the final map Planning 5. Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot(s) which are being conserved for natural habitat in conformance with the City's Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, which possesses qualifications to manage the open space lot(s) for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. Prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Page 3 of 9 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks d. Based on the results of the PAR, provide a non- wasting endowment or other financial mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. Record a Conservation Easement over the open space lot(s). Prepare a Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity. Prior to recordation of the final map, the Developer shall dedicate an open space easement over the 20 ft. wide habitat buffer area to prohibit any encroachment, development, grading, or alterations, except for fuel modification to Zone 3 to a maximum of 20 feet for upland and non-riparian habitat. Prior to recordation of the final map Planning 7. No clearing, grubbing, grading or other construction activities shall occur onsite during the avian nesting season (February 15 through August 30), unless a qualified biologist confirms, through a documented survey immediately prior to clearing activities, that no nesting gnatcatchers or other sensitive bird species will be impacted. Prior to issuance of a grading permit. Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Page 4 of 9 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks 8. Construction noise that could affect migratory songbirds and other species associated with the sensitive habitat area shall be avoided. In order to ensure compliance, grading shall be avoided during the avian nesting season (February 15 through August 30). If a grading permit is required, this restriction can be waived by the City of Carlsbad, with concurrence from the Wildlife Agencies (USF&W, CDF&G), upon completion of a breeding/nesting bird survey in accordance with the Migratory Bird Treaty Act. If nests are present, no grading or removal of habitat may take place within 500 feet of active nesting sites during the nesting/breeding season (February 15 through August 31). A buffer zone will be established around any identified nests in coordination with the monitoring biologist. No construction activities shall occur within any portion of the site where they would result in noise levels exceeding 60 dB(A) hourly average at the edge of CSS. Prior to issuance of a grading permit. Planning Fire Management: A Fire Protection Plan has been included as part of the project design and includes a 60-foot wide fire suppression zone between the proposed structures (Lots 21-27, 29 and 35-37) and the HMP Preserve boundary to the west. Fire Suppression Zones 2 and 3, which are closest to the HMP Preserve boundary, will be planted with a low water use, naturalizing plant species, known to have low fuel characteristics. As such, implementation of fire management requirements as proposed would be consistent with the HMP buffer requirements. Shown of Final Landscape Plans, Building Plans and project CC&R's Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Page 5 of 9 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks 10. Erosion Control: Prior to issuance of a grading permit, the applicant shall obtain approval of an erosion control plan. The plan shall identify areas susceptible to erosion on the property and immediately adjacent to the HMP Preserve. All potentially sensitive slopes shall be stabilized and, if necessary, planted with native vegetation consistent with the plant community in the adjacent preserve. The erosion control plan shall contain elements preventing runoff and the transport of fertilizers, pesticides, and similar materials into the HMP Preserve. Shown on Final Grading and Landscape Plans. Planning 11. Landscaping Restrictions: The project shall prohibit the use of any non-native, invasive plant species in landscaping adjacent to the HMP Preserve, or in any area where undesirable plant materials may have an opportunity to spread into the preserve area. The Final Landscape Plans prepared for the project shall include a list of HMP non-native invasive plant species that are to be avoided. The project shall control irrigation of landscaping adjacent to the HMP Preserve to prevent runoff from spreading into the preserve. Shown of Final Landscape Plans, Building Plans and project CC&R's Planning 12. Fencing, Signs and Lighting: A 4 to 5 ft. tall black vinyl coated chain link fence shall be constructed along the entire boundary where Open Space Lot 3 and the proposed open space HMP Preserve Area (Lot 4) converge. Signage shall be installed on the fence to educate and inform the public about the goals of HMP Preserve and to prohibit public access. Lighting in back yards adjacent to the HMP preserve shall be of a minimum necessary for safety and security, and shall be shielded and directed to shine downward and not into the preserve area. Homeowner lighting restrictions shall be included in the project CC&Rs. Shown of Final Landscape Plans, Building Plans and project CC&R's Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Page 6 of 9 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks 13. Predator and Exotic Species Control:Project regardingCC&R's shall educate homeowners responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild). For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the HMP Preserve. Include in project CC&R's Planning 14. Archeological mitigation implemented as follows: measures shall be a. Prior to commencement of grading, the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of this agreement will be to establish the requirement of tribal monitoring and to formalize procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. b. Prior to issuance of a grading permit, the project developer shall retain the services of a qualified archeologist to monitor all ground disturbing activities. The applicant shall provide verification that a qualified archeologist has been retained, and verification shall be documented by a letter from the applicant and the archeologist to the Planning Director. c. A qualified archeologist shall be present at the pre- construction meeting to consult with the grading and excavation contractors. Prior to issuance of a grading permit Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Page 7 of 9 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks d. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. e. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. f. If any deposits are evaluated as significant under CEQA, mitigation may be required as recommended by the qualified archeologist. 15. Paleontological mitigation measures shall be implemented as follows: a. Prior to issuance of a grading permit the project developer shall retain a qualified paleontologist to carry out the mitigation program outlined here. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology that is familiar with paleontological procedures and techniques.) The applicant shall provide verification that a qualified paleontologist has been retained, and verification shall be documented by a letter from the applicant and the paleontologist to the Planning Director. b. A qualified paleontologist shall be present at a pre- construction meeting to consult with the grading and excavation contractors. Prior to issuance of a grading permit Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Page 8 of 9 Mitigation Measure c. A paleontological monitor shall be onsite at all times during mass grading and excavation activities, including utility trenching, etc. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) d. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Due to the small nature of some fossils it may be necessary to collect matrix samples for processing through fine mesh screens. e. Any fossils collected shall be prepared to the point of identification and properly curated before they are donated to their final repository. f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Page 9 of 9 Mitigation Measure g. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. 16. Prior to the recordation of the final map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 17. Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). 18. The Developer shall comply with and implement all recommendation measures of the "Geotechnical Investigation" prepared by Geocon, Inc, dated July 14, 2009. 19. Prior to demolition of any buildings on the property an asbestos and lead paint survey shall be conducted by a certified assessor for the project structures. Monitoring Type Prior to the recordation of the final map or the issuance of building permits, whichever occurs first Prior to the recordation of the final map or the issuance of building permits, whichever occurs first Prior to and during grading Prior to demolition of any buildings or structures Monitoring Department Planning Planning Engineering Planning Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. CITY OF Planning Department www.carlsbadca.gov March 25, 2010 CEQA Tracking Center Department of Toxic Substances Control Attn: Al Shami, Project Manager 1001 I Street, 22nd Floor, M.S. 22-2 Sacramento, CA 95814 SUBJECT: RESPONSE TO DTSC COMMENTS (SCH#2010021061) - GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMP 07-02 - MUROYA SUBDIVISION - MITIGATED NEGATIVE DECLARATION Dear Mr. Shami, Thank you for your comment letter dated March 17, 2010 pertaining to the Mitigated Negative Declaration (MND) that was prepared for the proposed Muroya Subdivision project located on a lot (APN:215-040-03) north of Aviara Parkway, south of Corte Orchidia, east of Towhee Lane, and west of Black Rail Road in the City of Carlsbad. City staff has evaluated the subject agricultural property with respect to the historic release of hazardous wastes/substances. Specifically, the applicant has provided to the City a Phase I and subsequent Phase II Environmental Site Assessment (April 2006) by Dudek Environmental and Engineering, a Geotechnical Investigation Report by Geocon, Inc. (Project No. 07671-52-01, July 14, 2009), as well as Biological Resource Study and a Cultural Assessment Study, Drainage Study that staff referenced in the preparation of the Mitigated Negative Declaration for this project. The project has been assessed for all potentially significant impacts through the MND and all identified impacts have been mitigated to a less than significant level. A review of the above mentioned studies enabled City staff to conclude in the MND that the project does not have any hazardous wastes/substances on site nor are any expected during the grading and construction phases. For your convenience staff has responded below to each of the comment listed in your letter: Comment #1 - The ND should indentify and determine whether current or historic uses at the project area may have resulted in any release of hazardous wastes/substances. Reply - The applicant completed a Phase I Environmental Site Assessment and a Phase II Site Assessment (April 2006) for the project by Dudek Environmental and Engineering. The studies identified and assessed any hazardous wastes or substances. Comment #2 - The document states that the (M)ND would identify any known or potentially contaminated sites within the proposed project area. For all identified sites, the (M)ND should evaluate whether conditions at the site may pose a threat to human health or the environment. Reply - The applicant corripleted a Phase I Environmental Site Assessment and a Phase II Site Assessment (April 2006) for the project by Dudek Environmental and Engineering. The Phase i study includes a section (pages 9-12) of "Public Agency Records Search Review" which includes all of the regulatory agency data bases, among many others, presented in your comment letter. Comment #3 - The (M)ND should indentify the mechanism to initiate any required investigation and/or remediation for any site that may be contaminated, and the government agency to provide 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 © GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMP 07-02 - MUROYA SUBDIVISION March 25, 2010 Page 3 hazardous waste are present on site or are likely to be found on site. The project also involves grading operations and construction activity for the development of single-family homes. During the construction phases of the proposed project, construction equipment and materials typically associated with land development (i.e. petroleum products, paint, oils and solvents) will be transported and used onsite. Upon completion of construction of the project, some use of hazardous cleaning products on the site may occur. Other than during this construction phase, the project will not routinely utilize hazardous substances or materials. All transport, handling, use, and disposal of any cleaning substances will comply with all federal, state, and local laws regulating the management and use of such materials. No extraordinary risk of accidental explosion or the release of hazardous substances is anticipated with construction, development, and implementation or operation of the proposed project. It is concluded that the routine amount of hazardous materials utilized during the construction period is riot significant, and therefore the impact to the public or the environment through the routine transport, use, or disposal of hazardous materials is considered to be less that significant. Comment #7 - If weed abatement occurred, onsite soils may contain on-site residue. If so, proper investigation and remedial actions, if necessary, should be conducted at the site prior to construction of the project. Reply - The project has provided a Phase I and Phase II Environmental Site Assessment (April 2006) by Dudek Environmental and Engineering, a Geotechnical Investigation Report by Geocon, Inc. (Project No. 07671-52-01, July 14, 2009), as well as several other studies which concur that no hazardous waste are present on site or are likely to be found on site. Comment #8 - If it is determined that hazardous wastes are, or will be generated by the proposed operation, the wastes must be managed in accordance with the California Hazardous Waste Control Law and the Hazardous Waste Control Regulations. Reply - The project has provided a Phase I and Phase II Environmental Site Assessment (April 2006) by Dudek Environmental and Engineering, a Geotechnical Investigation Report by Geocon, Inc. (Project No. 07671-52-01, July 14, 2009), as well as several other studies which concur that no hazardous waste are present on site or are likely to be found on site. In light of the Phase I and Phase II Environmental Site Assessment studies referenced in the MND, it can be concluded that the MND adequately addresses and mitigates for potential of hazardous waste impacts. If you have any further questions, or wish to meet, please do not hesitate to contact me at (760) 602-4631. Sincerely, DAN HALVERSON Assistant Planner DH:sm Jack Henthorn & Associates, Attn: Jack Henthorn, PO Box 237, Carlsbad, CA 92018 Taylor Morrison of CA, LLC, Attn: April Tornillo, 15 Gushing, Irvine, CA 92618 Don Neu, Planning Director Chris DeCerbo, Team Leader File Copy Department of Toxic Substances Control Maziar Movassaghi, Acting Director Linda S. Adams 5796 Corporate Avenue Arnold Schwarzenegger EnvironS^Protection CyPfeSS' Ca'if°mia 9°63° CITY OF CARLSBA8°Vem°r March 17, 2010 MAR 2 2 OT Community & Economic Development Department Mr. Dan Halverson City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 DRAFT MITIGATED NEGATIVE DECLARATION (ND) FOR MUROYA SUBDIVISION (SCH# 2010021061) Dear Mr. Halverson: The Department of Toxic Substances Control (DTSC) has received your submitted document for the above-mentioned project. As stated in your document: "The proposed project involves a General Plan Amendment (GPA), Zone Change (ZC), Local program Amendment (LCPA), Specific Plan Amendment (SPA), Tentative Tract map (CT), Condominium Permit (CP) Coastal Development Permit (CDP), Hillside Development Permit (HDP), Habitat Management Plan Permit (HMPP) to allow for the subdivision and development of a 20.27 acre parcel (APN 215-04-03) located north of Aviara parkway, south of Corte Orchidia, east of Towee Lane, and west of Black Rail Road. The Parcel will be subdivided into five (5) separate lots. Lot 1 is approximately 6.3 acres in size and will contain 37 detached condominium units clustered in the northern and eastern portions of the lot. Lot 2 is 0.9 acres in size and is the site of the owners existing residence which will remain on this parcel. Lot 3 and 4 are 1 .6 acres and 9.8 acres in size and will be open space lots. Lot 5 is a 0.7 acres size lot which will be developed as private road for common access to the 37 detached condominium units". Based on the review of the submitted document DTSC has the following comments: 1) The ND should identify and determine whether current or historic uses at the project area may .have resulted in any release of hazardous wastes/substances. 2) The document states that the ND would identify any known or potentially contaminated sites within the proposed project area. For all identified sites, the ND should evaluate whether conditions at the site may pose a threat to human health or the environment. Following are the databases of some of the regulatory agencies: ® Printed on Recycled Paper Mr. Dan Halverson March 17,2010 Page 2 National Priorities List (NPL): A list maintained by the United States Environmental Protection Agency (U.S.EPA). EnviroStor, a database primarily used by the California Department of Toxic Substances Control, at www. Envirostor.dtsc.ca.gov. Resource Conservation and Recovery Information System (RCRIS): A database of RCRA facilities that is maintained by U.S. EPA. Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS): A database of CERCLA sites that is maintained by U.S.EPA. Solid Waste Information System (SWIS): A database provided by the California Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. GeoTracker: A List that is maintained by Regional Water Quality Control Boards. Local Counties and Cities maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. The United States Army Corps of Engineers, 911 Wilshire Boulevard, Los Angeles, California, 90017, (213) 452-3908, maintains a list of Formerly Used Defense Sites (FUDS). 3) The ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may be contaminated, and the government agency to provide appropriate regulatory oversight. If hazardous materials or wastes were stored at the site, an environmental assessment should be conducted to determine if a release has occurred. If so, further studies should be carried out to delineate the nature and extent of the contamination, and the potential threat to public health and/or the environment should be evaluated. It may be necessary to determine if an expedited response action is required to reduce existing or potential threats to public health or the environment. If no immediate threat exists, the final remedy should be implemented in compliance with state laws, regulations and policies. 4) The project construction may require soil excavation and soil filling in certain areas. Appropriate sampling is required prior to disposal of the excavated soil. If the soil is contaminated, properly dispose of it rather than placing it in another Mr. Dan Halverson March 17,2010 - • . PageS location. Land Disposal Restrictions (LDRs) may be applicable to these soils. Also, if the project proposes to import soil to backfill the areas excavated, proper sampling should be conducted to make sure that the imported soil is free of contamination. 5) Human health and the environment of sensitive receptors should be protected during the construction or demolition activities. A study of the site overseen by the appropriate government agency might have to be conducted to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. 6) If during construction/demolition of the project, soil and/or groundwater contamination is suspected, construction/demolition in the area should cease and appropriate health and safety procedures should be implemented. If it is determined that contaminated soil and/or groundwater exist, the ND should identify how any required investigation and/or remediation will be conducted, and the appropriate government agency to provide regulatory oversight. 7) If weed abatement occurred, onsite soils may contain herbicide residue. If so, proper investigation and remedial actions, if necessary, should be conducted at the site prior to construction of the project. 8) If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). If it is determined that hazardous wastes will be generated, the facility should also obtain a United States Environmental Protection Agency Identification Number by contacting (800) 618-6942. Certain hazardous waste treatment processes or hazardous materials, handling, storage or uses may require authorization from the local Certified Unified Program Agency (CUPA). Information about the requirement for authorization can be obtained by contacting your local CUPA. 9) DISC can provide guidance for cleanup oversight through an Environmental Oversight Agreement (EOA) for government agencies that are not responsible parties, or a Voluntary Cleanup Agreement (VGA) for private parties. For additional information on the EOA or VGA, please see www.dtsc.ca.gov/SiteCleanup/Brownfields, or contact Ms. Maryam Tasnif- Abbasi, DTSC's Voluntary Cleanup Coordinator, at (714) 484-5489. Mr. Dan Halverson March 17, 2010 Page 4 If you have any questions regarding this letter, please contact me at (714) 484-5472 or at "ashami@DTSC.ca.gov". Sincerely Al Shami Project Manager Brownfields and Environmental Restoration Program - Cypress cc: Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812-3044 sjate.clearinqhouse@opr.ca.gov CEQA Tracking Center Department of Toxic Substances Control Office of Environmental Planning and Analysis 1001 I Street, 22nd Floor, M.S. 22-2 Sacramento, California 95814 ADelacrl (5)dtsc.ca.gov CEQA #2830 1 PLANNING COMMISSION RESOLUTION NO. 6682 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE 4 ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT MAP OF THE GENERAL PLAN TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM 6 RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) TO RESIDENTIAL MEDIUM DENSITY (RM, 4-8 DU/AC), 7 RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC), AND OPEN SPACE (OS) ON A 20.27 ACRE PROPERTY 8 GENERALLY LOCATED NORTH OF AVIARA PARKWAY, 9 SOUTH OF CORTE ORCHIDIA, EAST OF TOWHEE LANE, AND WEST OF BLACK RAIL ROAD IN LOCAL FACILITIES 10 MANAGEMENT ZONE 20. CASE NAME: MUROYA SUBDIVSION 11 CASE NO.: GPA 06-09 12 WHEREAS, Taylor Morrison of CA, LLC, "Developer," has filed a verified 13 application with the City of Carlsbad regarding property owned by Muroya Family Trust, 14 "Owner," described as 15 , f The East One-Half of the Northeast Quarter of the Northwest Quarter, Section 27, Township 12 South, Range 4 West, San 17 Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, According to United 18 States Government Survey 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a General Plan 21 Amendment as shown on Exhibit "GPA 06-09" dated April 7, 2010, attached hereto and on file 22 in the Carlsbad Planning Department, MUROYA SUBDIVISION - GPA 06-09, as provided in 24 Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code; 25 and 26 WHEREAS, the Planning Commission did, on April 7, 2010, hold a duly noticed 27 public hearing as prescribed by law to consider said request; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the General Plan Amendment.4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning g Commission of the City of Carlsbad, as follows: 7 A) That the above recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 RECOMMENDS APPROVAL of MUROYA SUBDIVISION - GPA 06-09, based on the following findings: 10 Findings: 11 1. The Planning Commission finds that the project is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated April 7, 2010 13 including, but not limited to the following: 14 a. Land Use/Open Space - in that the proposed change in General Plan Land Use designation from Residential Low-Medium Density (RLM, 0-4 du/ac) to 15 Residential Medium (RM, 4-8 du/ac) for Lots 1 & 5 and to Open Space (OS) for ,s Lots 3 and 4 of CT 06-27 is based on the environmental constraints of the property and that the HMP requires clustering development on the disturbed 17 area to the maximum extent feasible for this site; and is environmentally appropriate for the site in that the habitat areas on Lot 4 will be included in an 18 open space habitat preserve area whereby the Habitat Management Plan requires high-priority resource areas to be designated as Open Space at the time of development. 20 b. Housing - The project has been conditioned to purchase 7 inclusionary housing 21 credits from the Villa Loma Project located in the SW Quadrant. 22 c. Circulation - All roadways (including curb, gutter, and sidewalk) needed to serve the development will be dedicated and constructed prior to, or concurrent with, site development. The proposed circulation system is designed to provide 24 access to each of the proposed lots and dwelling units and complies with all applicable City design standards. 25 d. The project is consistent with the adopted Airport Land Use Compatibility Plan 26 for the McClellan-Palomar Airport (ALUCP), dated January 25, 2010, in that the project has been conditioned so that the applicant shall record a notice concerning aircraft noise. The project is compatible with the projected noise 2g levels of the ALUCP and, based on the land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that the property is located within Zone 6 of the Safety Compatibility Policy and PC RESO NO. 6682 -2- residential uses are allowed within Zone 6 at the proposed density and lot 2 coverage. 3 2. The Planning Commission of the City of Carlsbad does hereby find: it has reviewed, analyzed, and considered Mitigated Negative Declaration and 5 Mitigation Monitoring and Reporting Program for MUROYA SUBDIVISION - GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06-19, CDP 06-32, 6 HDP 06-10, and HMP 07-02, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning 7 Department, prior to RECOMMENDING ADOPTION of the project; and o b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection 10 Procedures of the City of Carlsbad; and 11 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 13 d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the 14 environment. 15 3. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 17 degree of the exaction is in rough proportionality to the impact caused by the project. 18 Conditions; 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 21 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 22 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 24 or a successor in interest by the City's approval of this General Plan Amendment. 25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment documents, as necessary to make 26 them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 28 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. PC RESO NO. 6682 -3- 4. If any condition for construction of any public improvements or facilities, or the payment 2 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged^ this approval shall be suspended as provided in Government Code 3 Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 7 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this General Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 10 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ZC 06-08, SP 203(D), and 14 LCPA 06-09 and is subject to all conditions contained in Planning Commission Resolutions No. 6681, 6683, 6684, and 6685 for those other approvals incorporated herein by reference. 7. Developer shall implement, or cause the implementation of, the Muroya Subdivision - 17 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06-19, CDP 06-32, 18 HDP 06-10, and HMP 07-02 Project Mitigation Monitoring and Reporting Program. 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6682 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 7, 2010, by the following vote, to wit: AYES: NOES: Chairperson Douglas, Commissioners Baker, Dominguez, L'Heureux, andNygaard ABSENT: Commissioners Montgomery and Schumacher ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6682 -5- Exhibit "GPA 06-09' April?, 2010 GPA 06-09 Muroya Subdivision EXISTING PROPOSED Related Case File No(s): ZC 06-08 / SP 203D / LCPA 06-09 / CT 06-27 / CP 06-19 / CDP 06-32 / HDP 06-10 / HMPP 07-02 General Plan Land Use Designation Changes Property A. B. C. 215-040-30 From: RLM To: RLM / RM / OS 1 PLANNING COMMISSION RESOLUTION NO. 6683 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM LIMITED 4 CONTROL (L-C) TO RESIDENTIAL DENSITY-MULTIPLE (RD-M), ONE-FAMILY RESIDENTIAL (R-l), AND OPEN SPACE (OS) ON A 20.27 ACRE PROPERTY GENERALLY 6 LOCATED NORTH OF AVIARA PARKWAY, SOUTH OF CORTE ORCHIDIA, EAST OF TOWHEE LANE, AND WEST 7 OF BLACK RAIL ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 20. 8 CASE NAME: MUROYA SUBDIVSION 9 CASE NO: ZC 06-08 10 WHEREAS, Taylor Morrison of CA, LLC, "Developer," has filed a verified 11 application with the City of Carlsbad regarding property owned by Muroya Family Trust, 12 "Owner," described as 13 The East One-Half of the Northeast Quarter of the Northwest 14 Quarter, Section 27, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, ^ County of San Diego, State of California, According to United ,g States Government Survey 17 ("the Property"); and 18 WHEREAS, said application constitutes a request for a Zone Change as shown on 19 Exhibit "ZC 06-08" dated April 7, 2010, attached hereto and on file in the Planning Department, 20 MUROYA SUBDIVISION - ZC 06-08, as provided by Chapter 21.52 of the Carlsbad 21 Municipal Code; and 22 WHEREAS, the proposed Zone Change (ZC 06-08) is set forth in draft City 24 Council Ordinance, Exhibit "X", dated April 7, 2010 and attached hereto as MUROYA 25 SUBDIVISION- ZC 06-08; and 26 WHEREAS, the Planning Commission did on April 7, 2010, hold a duly noticed 27 public hearing as prescribed by law to consider said request; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 'and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Zone Change. 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 5 Commission as follows: 7 A) That the foregoing recitations are true and correct. ° B) That based on the evidence presented at the public hearing, the Commission 9 RECOMMENDS APPROVAL of MUROYA SUBDIVISION - ZC 06-08, based on the following findings and subject to the following conditions: 10 Findings: 11 1. That the proposed Zone Change from Limited Control (L-C) to Residential Density- Multiple (RD-M), One-Family Residential (R-l), and Open Space (OS) is consistent 13 with the goals and policies of the various elements of the General Plan, in that the RD- M, R-l, and OS zoning designations replace the L-C Zone (which is intended to be 14 an interim zoning designation), and implements the proposed Residential Medium (4-8 du/ac), Residential Low-Medium Density (RLM, 0-4 du/ac), and OS General 15 Plan designations as well as the proposed amended Zone 20 Specific Plan (SP 16 203(D). 17 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use 18 Element, in that the zone designations shown on Exhibit "ZC 06-08" attached hereto, implement the General Plan Land Use designations of RM, RLM and OS. 2Q 3. That the Zone Change is consistent with the public convenience, necessity, and general welfare, and is consistent with sound planning principles in that residential and open 21 space uses allowed by the proposed zone change are compatible with the adjacent and future residential and open space uses. 22 4. The Planning Commission of the City of Carlsbad does hereby find: 24 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for MUROYA SUBDIVISION - 25 GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06-19, CDP 06-32, HDP 06-10, and HMP 07-02, the environmental impacts therein identified for this 2" project and said comments thereon, and the Program, on file in the Planning 27 Department, prior to RECOMMENDING ADOPTION of the project; and 28 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California PC RESO NO. 6683 -2- Environmental Quality Act, the State Guidelines and the Environmental Protection 2 Procedures of the City of Carlsbad; 3 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 4 d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the 5 environment. 7 5. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed ° to mitigate impacts caused by or reasonably related to the project, and the extent and the o degree of the exaction is in rough proportionality to the impact caused by the project. 10 Conditions; 11 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 13 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 14 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 1 -> conditions or seek damages for their violation. No vested rights are gained by Developer , s or a successor in interest by the City's approval of this Zone Change. 17 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Zone Change documents, as necessary to make them internally 18 consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 20 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 21 regulations in effect at the time of building permit issuance. 22 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 24 Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies 25 with all requirements of law. 2" 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 27 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 28 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Zone Change, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, PC RESO NO. 6683 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-09, SP 203(D), and LCPA 06-09, and is subject to all conditions contained in Planning Commission Resolutions No. 6681, 6682, 6684, and 6685, for those other approvals incorporated herein by reference. 7. Developer shall implement, or cause the implementation of, the MUROYA SUBDIVISION - GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06- 19, CDP 06-32, HDP 06-10, and HMP 07-02 Project Mitigation Monitoring and Reporting Program. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on April 7, 2010, by the following vote, to wit: AYES: NOES: Chairperson Douglas, Commissioners Baker, Dominguez, L'Heureux, and Nygaard ABSENT: Commissioners Montgomery and Schumacher ABSTAIN: FARRATn§^DOUGLAS, CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6683 -4- Exhibit "ZC 06-08" April 7, 2010 ZC 06-08 Muroya Subdivision EXISTING PROPOSED Related Case File No(s): GPA 06-09 / SP 203D / LCPA 06-09 CT 06-27 / CP 06-19 / CDP 06-32 / HDP 06-10 / HMPP 07-02 Zoning Designation Changes Property A. B. C. 215-040-03 From: L-C To: R-1 / RD-M / OS Exhibit "X" April?, 2010 I ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF 3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 06-08, ON 4 FIVE LOTS FROM LIMITED CONTROL (L-C) TO RESIDENTIAL DENSITY-MULTIPLE (RD-M), ONE-FAMILY RESIDENTIAL (R-1), 5 AND OPEN SPACE (OS) ON A 20.27 ACRE PROPERTY GENERALLY LOCATED NORTH OF AVIARA PARKWAY, 6 SOUTH OF CORTE ORCHIDIA, EAST OF TOWHEE LANE, AND WEST OF BLACK RAIL ROAD IN LOCAL FACILITIES 7 MANAGEMENT ZONE 20. CASE NAME: MUROYA SUBDIVISION 8 CASE NO.: ZC 06-08 9 WHEREAS, the City Council did on the day of , hold a duly 10 noticed public hearing as prescribed by law to consider said request; and 11 WHEREAS, said application constitutes a request for a Zone Change as shown 12 on Exhibit "ZC 06-08" - MUROYA SUBDIVISION ," dated April 7, 2010, attached hereto and 13 made a part hereof; and 14 WHEREAS at said public hearing, upon hearing and considering all testimony 15 and arguments, if any, of all persons desiring to be heard, said City Council considered all 16 factors relating to the ZC 06-08 - Muroya Subdivision. 17 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 18 follows: 19 SECTION I: That section 21.50.030 of the Carlsbad Municipal Code, being the 70 zoning map, is amended as shown on the map marked "ZC 06-08 - Muroya Subdivision," dated 71 April 7, 2010, attached hereto and made a part hereof. 27 SECTION II: That the findings and conditions of the Planning Commission in 23 Planning Commission Resolution No. 6683 shall also constitute the findings and conditions of 24 the City Council. 25 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 76 adoption but not until LCPA 06-09 is approved by the California Coastal Commission, and the 27 City Clerk shall certify to the adoption of this ordinance and cause it to be published at least 28 1 once in a publication of general circulation the City of Carlsbad within fifteen days after its 2 adoption. 3 INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City 4 Council on the day of , 2010, and thereafter. 5 .. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council 6 of the City of Carlsbad, California, held on the day of , 2010, by the 7 following vote, to wit: 8 AYES: 9 NOES: 10 ABSENT: 11 ABSTAIN: 12 " 13 M APPROVED AS TO FORM AND LEGALITY 14 15 16 RONALD R. BALL, City Attorney 17 18 19 CLAUDE A. LEWIS, Mayor 20 ATTEST: 21 22 23 LORRAINE M. WOOD, City Clerk 24 (SEAL) 25 26 27 28 -2- 1 PLANNING COMMISSION RESOLUTION NO. 6684 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 203 (D) 4 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM) TO RESIDENTIAL MEDIUM (RM), 6 RESIDENTIAL LOW-MEDIUM DENSITY (RLM), AND OPEN SPACE (OS) AND CHANGE THE ZONING FROM LIMITED 7 CONTROL (L-C) TO RESIDENTIAL DENSITY-MULTIPLE (RD-M), ONE-FAMILY RESIDENTIAL (R-l), AND OPEN 8 SPACE (OS) ON A 20.27 ACRE SITE WITHIN PLANNING o AREA "E" OF THE ZONE 20 SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED NORTH OF AVIARA PARKWAY, 10 SOUTH OF CORTE ORCHIDIA, EAST OF TOWHEE LANE, AND WEST OF BLACK RAIL ROAD IN LOCAL FACILITIES 11 MANAGEMENT ZONE 20. CASE NAME: MUROYA SUBDIVISION 12 CASE NO.: SP 203(D) 13 WHEREAS, Taylor Morrison of CA, LLC, "Developer," has filed a verified 14 application with the City of Carlsbad regarding property owned by Muroya Family Trust, , r "Owner," described as 17 The East One-Half of the Northeast Quarter of the Northwest Quarter, Section 27, Township 12 South, Range 4 West, San 18 Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, According to United States Government Survey 20 ("the Property"); and 21 WHEREAS, said application constitutes a request for a Specific Plan Amendment 22 on file in the Carlsbad Planning Department, MUROYA SUBDIVISION - SP 203D , as 24 provided by SP 203A and Government Code Section 65453; and 25 WHEREAS, the proposed MUROYA SUBDIVISION - SP 203(D) is set forth 26 and attached in the draft City Council Ordinance, Exhibit "Y" dated, APRIL 7, 2010, and 27 attached hereto; and 28 WHEREAS, the Planning Commission did, on April 7, 2010, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Specific Plan Amendment; and 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 RECOMMENDS APPROVAL of MUROYA SUBDIVISION - SP 203(D) based on the following findings and subject to the following conditions: 10 Findings: 11 1. The proposed development as described by the Specific Plan Amendment (SP203 (D)) is consistent with the provisions of the General Plan in that the General Plan Land Use 13 designation for the 20.27 acre project site within a portion of Planning Area E of the Zone 20 Specific Plan is amended to be consistent with the proposed amended 14 General Plan Land Use designation of Residential Medium Density (RM, 4-8 du/ac) on lots 1 & 5, Residential Low-Medium Density (RLM, 0-4 du/ac) on lot 2, and 1-* Open Space (OS) on Lots 3 & 4. The project is consistent with General Plan , -- Residential Action Program C.3 in that the Specific Plan Amendment allows for the density transfer and clustering of development to preserve habitat and topography. 17 2. The proposed Specific Plan Amendment would not be detrimental to the public interest, 18 health, safety, convenience, or welfare of the City in that the project, as identified in the Mitigated Negative Declaration, will not cause any significant impacts to the public, health, safety, and welfare, and furthermore the proposed land use change from 20 RLM to RM, RLM, and OS on a topographically and habitat constrained property within Planning Area E of the Specific Plan still allows for the development of the 21 constrained property with one-family type of dwelling on lots 1 and 5 that are comparable in size to the existing surrounding development and all required 22 development standards and applicable design criteria required by the City of »- Carlsbad's Zoning Ordinance and the Zone 20 Specific Plan are incorporated into the project. 24 3. All necessary public facilities can be provided concurrent with need, and adequate 25 provisions have been provided to implement those portions of the capital improvement program applicable to the subject property in that the proposed project density at 5.29 26 du/ac is compatible with the proposed RM (4-8 du/ac) land use designation and is 5 units below the GMCP. The number of proposed dwelling units on Lot 1 (37) and one existing residence on Lot 2 exceeds the 37.79 permitted under the existing RLM 2g General Plan Land Use designation by a fraction of a unit (.21). Although the project exceeds the GMCP density for the RLM General Plan Land Use designation by 0.017 dwelling units/acre, or by a fractional unit of .21 dwelling units, the PC RESO NO. 6684 -2- General Plan Land Use Element allows the City to approve residential development 2 at a density that exceeds the GMCP provided the proposed residential development complies with certain findings as discussed in the staff report Section "A". The 3 existing Black Rail Road as conditioned to be improved, which provides access to the project site, operates at an acceptable level of service and all other public facilities and infrastructure improvements are in place or are conditioned to be <. implemented concurrent with the development of the site consistent with the Zone 20 Local Facilities Management Plan. 6 4. The area surrounding the development is or can be planned and zoned in coordination 7 and substantial compatibility with the development in that the surrounding property is already developed with single-family residential or open space uses and the project is proposing a one family detached type of development that will have the Q appearance of single-family residences and be compatible with the predominant surrounding single-family uses. 10 5. Appropriate measures are proposed to mitigate any adverse environmental impact as 11 noted in the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project. 12 6. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for MUROYA SUBDIVISION - 15 GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06-19, CDP 06-32, HDP 06-10, and HMP 07-02, the environmental impacts therein identified for this 16 project and said comments thereon, and the Program, on file in the Planning Department, prior to RECOMMENDING ADOPTION of the project; and b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California 19 Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and20 », c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 22 d. based on the EIA Part II and comments thereon, the Planning Commission, finds 23 that there is no substantial evidence the project will have a significant effect on the environment.24 7. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 26 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 27 Conditions: 28 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so PC RESO NO. 6684 -3- implemented and maintained according to their terms, the City shall have the right to 2 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 3 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Specific Plan Amendment. 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Specific Plan Amendment document(s) necessary to make 7 them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed ° development, different from this approval, shall require an amendment to this approval. Q 3. Prior to the issuance of any permits for the project, the applicant shall submit to the Planning Director a digital copy and a camera-ready master copy of the SP 203 (D) Plan, in addition to the required number of bound copies. 11 4. Developer shall comply with all applicable provisions of federal, state, and local laws and 12 regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 15 Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies 16 with all requirements of law. 6. Developer shall implement, or cause the implementation of, the MUROYA lg SUBDIVISION - GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06- 19, CDP 06-32, HDP 06-10, and HMP 07-02 Project Mitigation Monitoring and 19 Reporting Program. 20 7. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims ~~ and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Specific Plan Amendment, 23 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 24 (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 27 8. This approval is granted subject to the approval of the Mitigated Negative Declaration 28 and Mitigation Monitoring and Reporting Program, GPA 06-09, ZC 06-08, and LCPA 06-09, and is subject to all conditions contained in Planning Commission PC RESO NO. 6684 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolutions No. 6681, 6682, 6683, and 6685 for those other approvals incorporated herein by reference. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 7, 2010, by the following vote, to wit: AYES: NOES: Chairperson Douglas, Commissioners Baker, Dominguez, L'Heureux, and Nygaard ABSENT: Commissioners Montgomery and Schumacher ABSTAIN: FARRAFre?*OUGLAS, Chairperson CARLSBAD PLANNING COMMISSION DON NEU Planning Director PC RESO NO. 6684 -5- Exhibit "Y" April/, 2010 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO 3 THE ZONE 20 SPECIFIC PLAN (SP 203(D)) TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM RESI- 4 DENTIAL LOW-MEDIUM DENSITY (RLM) TO RESIDENTIAL MEDIUM (RM), RESIDENTIAL LOW-MEDIUM DENSITY (RLM), 5 AND OPEN SPACE (OS) AND CHANGE THE ZONING FROM LIMITED CONTROL (L-C) TO RESIDENTIAL DENSITY- 6 MULTIPLE (RD-M), ONE-FAMILY RESIDENTIAL (R-1), AND OPEN SPACE (OS) ON A 20.27 ACRE SITE WITHIN PLANNING 7 AREA "E" OF THE ZONE 20 SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED NORTH OF AVIARA PARKWAY, 8 SOUTH OF CORTE ORCHIDIA, EAST OF TOWHEE LANE, AND WEST OF BLACK RAIL ROAD IN LOCAL FACILITIES 9 MANAGEMENT ZONE 20. CASE NAME: MUROYA SUBDIVISION 10 CASE NO.: SP 203(D) The City Council of the City of Carlsbad, California, does ordain as follows: 12 WHEREAS, the Zone 20 Specific Plan was originally adopted by City Council 13 Ordinance No. NS-257 on December 14, 1993 and has since been amended (SP 203(C)) and contains the uses, development standards and design guidelines for the development of the subject property; and 16 WHEREAS, the City Council of the City of Carlsbad has reviewed and 17 considered a Specific Plan Amendment (SP 203(D)) for the Zone 20 Specific Plan; and 1 R WHEREAS, after procedures in accordance with requirements of law, the City 1 Q Council has determined that the public interest indicates that said Specific Plan Amendment (SP 90zu 203(D)) be approved. 21 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 22 follows: SECTION 1: That Specific Plan (SP 203(D)), on file in the Planning Department, 24 and incorporated herein by reference, is adopted. The .Zone 20 Specific Plan (SP 203(D)) shall constitute the development plan for the property and all development within the plan area shall conform to the plan. 27 SECTION 2: That the Zone 20 Specific Plan (SP 203), as amended to date, and 2g further amended by Specific Plan Amendment 203(D), dated April 7, 2010, is approved. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 SECTION 3: That Specific Plan Amendment (SP 203(D)) replaces Exhibit 3 - General Plan, Exhibit 7 - Existing Zoning, and Exhibit 10 - Open Space and text on Pg. 121- 124 in the Zone 20 Specific Plan, as shown on Exhibits "SP 203(D)" attached. SECTION 4: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 6684 shall constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2010, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2010, by the following vote, to wit: AYES: 16 NOES: ABSENT: 18 ABSTAIN: 19 2Q APPROVED AS TO FORM AND LEGALITY 21 22 RONALD R. BALL, City Attorney 23 24 CLAUDE A. LEWIS, Mayor 25 ATTEST: LORRAINE M. WOOD, City Clerk 27 (SEAL) 28 "-2- ' i ! ' iJ—1 F—' —i ZONE 19 Legend Residential Low Density (0-1.5du/ac) Residential Low-Medium Density (0-4 du/ac) Residential Medium Density (4-8 du/ac) Open Space Proposed School Planned Industrial 1995 Noise Contours Note: Source: (Noisa Contour) FAR Part 150 Report Prepared for: San Diego County Prepared by: KPMG, Pete Marwick (May, 1990) Updated by: Jack Henthorn & Associates (November, 2009) KB *i ••5"kiMki•iW iK5, *Smn -p»'1 * ^ 10 s 5 *r"*< ca« C/V Of Carlsbad, ZONE 20 • Exhibit GENERAL SPECIFIC 3 PLAN PLAN ZONE 19 Legend Single Family Residential Single Famfly Residential (10,000 sf min.) Residential Density - Multiple Planned Community Limited Control Planned Industrial Open Space ntf to scale City Of Carlsbad, ZONE 20 Updated by: Jack Henthorn & Associates (November, 2009) • Exhibit 7 IXISTING ZONING SPECIFIC PLAN ZONE 19 Legend General Plan Open Space Specific Plan Open Space General Plan & Master Pian Open Space Adjacent to the Specific Plan Area Proposed Local Pedestrian Trail System Proposed City-wide Trail System Updated by: Jack Henthorn & Associates (November, 2009) ^ tt 1 *flDCMUKclM CD A /"*CbPACc not to seals City of Carlsbad, ZONE 20 Planning Area E is composed of the following twenty-four parcels: Planning Area E Ownership Owner Aitchison Nelson Bolton Bolton Poinsettia Hills Partners Buerger Buerger Cardosa Carnation CMWD Hadley Hidalgo Kaiser Lujan McKinney Moore Murfoya Rudvalis Sugino Sugino Tabata Tabata Yamamoto APN 215-070-18 215-080-04 215-070-23 215-070-24 215-070-19 215-040-08 215-040-10 215-070-08 215-070-06 215-080-05 215-080-19 215-070-20 215-080-22 215-070-09 215-070-10 215-080-17 215-040-03 215-070-04 215-040-09 215-040-11 215-040-04 215-080-21 215-040-05 Acreage 1.00 5.17 0.68 0.51 7.09 2.53 2.52 1.80 10.05 2.65 15.03 2.0 10.03 2.03 5.02 1.29 20.00 5.03 2.53 2.53 5.00 2.87 5.00 Current Land Use Vacant Vacant Agric. SFR GR/HSE/VA Argric Green Hse SFR Green Hse Water Tank Vacant SFR GrnHse SFR GrnHse SFR Grn Hse/SFR GrnHse Agric Agric Agric Agric Agric General Plan Designation RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM .RLM RLM RLM *RLM RLM RLM RLM RLM RLM RLM * RLM, RM. OS 2. Land Use Designations a. General Plan The majority of Planning Area E is designated RLM (Residential Low- Medium Density, 0-4 du/acre). The Muroya property is designated RLM, RM (Residential Medium Density. 4-8 du/acre), and OS (Open Space). /lay 1993 121 Zone 20 Specific Plan b. Zoning The majority of Planning Area E is currently zoned L-C (limited Control). Prior to or when the various property owners, collectively or separately, are ready to develop, the properties will need to be rezoned to R-l consistent with the underlying General Plan Designation of RLM, unless General Plan designations have been changed through the City's General Plan Amendment process and alternative zoning classifications are applied. The Muroya Property is zoned, R-l. RD-M (Residential Density - Multiple) and OS (Open Space).7 c. Local Coastal Plan Planning Area E falls within Site III of the Mello II Segment of the Carlsbad Local Coastal Plan. Conversion of property within Site III from agriculture to urban uses will require appropriate mitigation as specified in the Carlsbad Local Coastal Plan. 3. Permitted Uses The permitted uses and base regulations for property zones L-C are detailed in Section 21.39 of the Carlsbad Municipal Code and allows for uses permitted in the E-A zone, Carlsbad Municipal Code Section 21.07. Prior to or when the property is ready to be developed, based on the current underlying General Plan designation of RLM, 0-4 du/ac, the appropriate zoning for Planning Area E would be R-l (Residential Single Family). The R-l zone generally allows for single family detached homes. Clustered and/or multifamily structures may be permitted to meet City requirements related to affordable housing subject to site development plan approval. Additional permitted uses may be allowed subject to approval of necessary land use approvals by the City Council. 4. Circulation Direct access to Planning Area E will be provided by Poinsettia Lane. Per the City's intersection spacing standards, there will be two intersections on Poinsettia Lane between Alga Road and the eastern boundary of the Specific Plan. These future intersections are identified in Exhibit 13 or page 73. 4ayl993 . 122 Zone 20 Specific Plan Black Rrail Road which is identified in the Aviara Master Plan will eventually extend northward up the center of Planning Area E along the property lines and the existing access easement and will intersect Pomsettia Lane. Black Rail Road will be a residential collector. Properties within the southern half of Planning Area E can be adequately served with cul-de-sacs emanating from Black Rail Road or a loop road system connecting to Black Rail Road. In order to provide access to properties in the northern half of Planning Area E, a loop road will be required which extends east-west intersecting Poinsettia Lane on the east and west ends of the Planning area. 5. Open Space/Trails The 150 foot wide, SDG&E easement offers an4 opportunity to provide a variety of open space amenities. At a minimum., a pedestrian trail c€onstructed of decomposed granite shall be provided concurrent with development. This trail shall be designated to tie into the city wide Open Space/Trail system. Any trail system or landscaping provided within these easements must be developed in compliance with the requirements of SDG&E. The average 50 foot landscaped setbacks along Poinsettia Lane will provide additional open space within Planning Area E. Where topography permits, a separated bike/pedestrian trail will be provided within this 50 foot setback. The two canyons within Planning Area E will provide additional open space opportunity. Feasibility of enhancement of these canyons will be analyzed upon submittal of development applications for affected properties. 6. Special Design Criteria a. An average 50 footd setback from Poinsettia Lane shall be provided concurrent with development. This setback shall be landscaped and have separated pedestrian and bicycle trails where topography permits. b. The north-south running ridge that bisects Planning Area E offers ocean view opportunities to the west and back country views to the east. lay 1993 123 Zone 20 Specific Plan c. Development within Planning Area E should consider the possibility of establishing a trail system within the SDG&E easement in this area, if it is possible to do so without requiring excessive amounts of grading. d. Developers in Planning Area E should cooperate with the Carlsbad Municipal Water District to provide a landscape screen around the existing and future water tanks in this area. lay 1993 124 Zone 20 Specific Plan 1 PLANNING COMMISSION RESOLUTION NO. 6685 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM 4 AMENDMENT TO CHANGE THE LOCAL COASTAL PROGRAM LAND USE DESIGNATION FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) TO 6 RESIDENTIAL MEDIUM (RM, 4-8 DU/AC), RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC), AND OPEN 7 SPACE (OS) AND THE LOCAL COASTAL PROGRAM ZONING DESIGNATION FROM LIMITED CONTROL (L-C) 8 TO RESIDENTIAL DENSITY-MULTIPLE (RD-M), ONE- 9 FAMILY RESIDENTIAL (R-l), AND OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED NORTH OF AVIARA 10 PARKWAY, SOUTH OF CORTE ORCHIDIA, EAST OF TOWHEE LANE, AND WEST OF BLACK RAIL ROAD IN 11 LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: MUROYA SUBDIVISION 12 CASE NO: LCPA 06-09 13 WHEREAS, California State law requires that the Local Coastal Program, 14 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 16 WHEREAS, Taylor Morrison of CA, LLC, "Developer," has filed a verified 17 application with the City of Carlsbad regarding property owned by Muroya Family Trust, 18 "Owner," described as 19 The East One-Half of the Northeast Quarter of the Northwest 2Q Quarter, Section 27, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, 21 County of San Diego, State of California, According to United States Government Survey 22 23 ("the Property"); and 24 WHEREAS, said verified application constitutes a request for a Local Coastal 25 Program Amendment as shown on Exhibit "LCPA 06-09" dated April 7, 2010, attached hereto, 26 as provided in Public Resources Code Section 30514 and Section 13551 of California Code of 27 Regulations Title 14, Division 5.5; and 28 1 WHEREAS, the Planning Commission did on April 7, 2010, hold a duly noticed 2 public hearing as prescribed by law to consider said request; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony 4 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 6 relating to the Local Coastal Program Amendment; and 7 WHEREAS, State Coastal Guidelines requires a six-week public review period o for any amendment to the Local Coastal Program. 9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 10 Commission of the City of Carlsbad, as follows: 11 A) That the foregoing recitations are true and correct. 1 3 B) At the end of the State-mandated six-week review period, starting on December 25, 2009, and ending on February 5, 2010, staff shall present to the City Council 14 a summary of the comments received. 15 C) That based on the evidence presented at the public hearing, the Commission j 6 RECOMMENDS APPROVAL of MUROYA SUBDIVISION - LCPA 06-09, based on the following findings, and subject to the following conditions: 17 Findings: 18 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is 19 in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed Local Coastal Program RM, RLM, and OS land 21 use designation and RD-M, R-l, and OS zoning designations are consistent with the Residential Medium (RM, 4-8 du/ac), Residential Low-Medium Density (RLM, 0-4 22 du/ac), and Open Space (OS) Land Use designations, the Residential Density- Multiple (RD-M), One-Family Residential (R-l), and Open Space (OS) Zoning designations, and the Zone 20 Specific Plan (203); the development does not 24 obstruct public views of the coastline as seen from public lands or rights-of-way; the project has been conditioned to comply with erosion and storm water control 25 measures; the dual criteria slopes and sensitive coastal habitat resources are preserved in an open space lot; and no public access areas or water oriented 26 recreational activities exist on or near the site; the site is located over 1 mile from Batiquitos Lagoon and approximately 1.5 miles from the Pacific Ocean and no coastal access areas or water-oriented recreational activities exist on or near the 2g site; and the project is required to provide drainage and erosion control measures. PC RESO NO. 6685 -2- 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal 2 Program is required to bring the property's Local Coastal Program Land Use and Zoning designations into consistency with the City's General Plan Land Use 3 designation, Zoning designation, and the Zone 20 Specific Plan. 4 3. That the project is conditioned to provide the payment of an agricultural conversion mitigation fee in the amount of $10,000/acre (for 7.9 acres), which will mitigate the loss of agricultural resources by preserving or enhancing other important coastal g resources. 7 4. The Planning Commission of the City of Carlsbad does hereby find: 8 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for MUROYA SUBDIVISION - 9 GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06-19, CDP 06-32, JQ HDP 06-10, and HMP 07-02, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning 11 Department, prior to RECOMMENDING ADOPTION of the project; and 12 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection 14 Procedures of the City of Carlsbad; and 15 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 16 ,7 d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the 1 g environment. 19 5. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 2" to mitigate impacts caused by or reasonably related to the project, and the extent and the ~, degree of the exaction is in rough proportionality to the impact caused by the project. 22 Conditions; 23 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 24 implemented and maintained according to their terms, the City shall have the right to „- revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 26 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 27 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Local Coastal Program Amendment. PC RESO NO. 6685 -3- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the Local Coastal Program Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. 3 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4 , 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 10 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 13 or indirectly, from (a) City's approval and issuance of this Local Coastal Program Amendment, (b) City's approval or issuance of any permit or action, whether 14 discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the ,,- facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 17 approval is not validated. 18 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-09, ZC 06-08, and SP 203(D) and is subject to all conditions contained in Planning Commission Resolutions 2Q No. 6681, 6682, 6683, and 6684 for those other approvals incorporated herein by reference. 21 7. Developer shall implement, or cause the implementation of, the MUROYA 22 SUBDIVISION - GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06- 19, CDP 06-32, HDP 06-10, and HMP 07-02 Project Mitigation Monitoring and Reporting Program. 24 25 26 27 28 PC RESO NO. 6685 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on April 7, 2010, by the following vote, to wit: AYES:Chairperson Douglas, Commissioners Baker, Dominguez, L'Heureux, and Nygaard NOES: ABSENT: Commissioners Montgomery and Schumacher ABSTAIN: FARRAH G7TDOUGLAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6685 -5- Exhibit "LCPA 06-09" April 7, 2010 LCPA 06-09 (Land Use)Muroya Subdivision EXISTING PROPOSED Related Case File No(s): GPA 06-09 / ZC 06-08 / SP 203D / CT 06-27 / CP 06-19 / CDP 06-32 / HDP 06-10 / HMPP 07-02 LCPA Land Use Designation Changes Property A. B. C. 215-040-30 From: RLM To: RLM / RM / OS Exhibit "LCPA 06-09' April?, 2010 LCPA 06-09 (Zoning)Muroya Subdivision EXISTING PROPOSED Related Case File No(s): GPA 06-09 / ZC 06-08 / SP 203D / CT 06-27 / CP 06-19 / CDP 06-32 / HDP 06-10 / HMPP 07-02 LCPA Zoning Designation Changes Property A. B. C. 215-040-03 From: L-C To: R-1 / RD-M / OS PLANNING COMMISSION RESOLUTION NO. 6686 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 06-27 TO SUBDIVIDE 20.27 ACRES 3 INTO FIVE LOTS (2 RESIDENTIAL LOTS, 2 OPEN SPACE LOTS, AND 1 PRIVATE STREET LOT) AND TO GRADE AND 4 DEVELOP 37 DETACHED AIR-SPACE CONDOMINIUM 5 ONE-FAMILY DWELLING UNITS ON PROPERTY GENERALLY LOCATED NORTH OF AVIARA PARKWAY, 6 SOUTH OF CORTE ORCHIDIA, EAST OF TOWHEE LANE, AND WEST OF BLACK RAIL ROAD IN LOCAL FACILITIES 7 MANAGEMENT ZONE 20. CASE NAME: MUROYA SUBDIVISION 8 CASE NO.: CT 06-27 9 WHEREAS, Taylor Morrison of CA, LLC, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Muroya Family Trust, , 2 "Owner," described as 13 The East One-Half of the Northeast Quarter of the Northwest Quarter, Section 27, Township 12 South, Range 4 West, San 14 Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, According to United States Government Survey 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Tentative Tract18 j9 Map as shown on Exhibits "A"-"VV" dated April 7, 2010, on file in the Planning Department 20 MUROYA SUBDIVISION - CT 06-27, as provided by Chapter 20.12 of the Carlsbad 21 Municipal Code; and 22 WHEREAS, the Planning Commission did, on April 7, 2010, hold a duly noticed 23 public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony &* *) 2ft and arguments, if any, of persons desiring to be heard, said Commission considered all factors 27 relating to the Tentative Tract Map. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES MUROYA SUBDIVISION - CT 06-27, based on the following findings and subject to the following conditions: 4 - Findings: 6 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any 7 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the project implements the goals and policies of the General Plan as discussed in the 9 staff report; is consistent with all the minimum requirements of Titles 20 and 21 governing lot size and configuration; and the project has been designed to comply 10 with all applicable City regulations, including the Zone 20 Specific Plan. 11 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential and open space development on the General Plan and the residential properties are developed with detached one- 13 family residences. 14 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that all required development standards and design criteria required by i /: the applicable zoning ordinances are incorporated into the project without the need for variances from development standards. 17 4. That the design of the subdivision or the type of improvements will not conflict with 18 easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts 2Q with established easements. 21 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 22 6. That the design of the subdivision provides, to the extent feasible, for future passive or 23 natural heating or cooling opportunities in the subdivision, in that structures are oriented to allow for solar exposure and take advantage of prevailing breezes. 2<r 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs 26 against the public service needs of the City and available fiscal and environmental resources. 27 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their PC RESO NO. 6686 -2- habitat, in that the 20.27 acre in-fill site is primarily used for agricultural production 2 and is developed with a single family residence in the southeast corner of the lot and the southwest side of the lot which is occupied by sensitive natural vegetation and is 3 being preserved in a 9.82 acre open space lot. Because of the clustered type of development being concentrated on disturbed areas only, an open space easement, consisting of a 20-foot wide habitat buffer area and 60 foot wide Fire Suppression <- Zone, is provided between development and the planned open space areas, which restricts development and any encroachments into the preserve. The project is also 6 located adjacent to and north of an existing HMP Hardline area and in order to minimize edge effects, the following adjacency standards have been conditioned for the project to reduce indirect impacts: Fire Management, Erosion Control, Landscaping Restrictions, Fencing, Signs, and Lighting restrictions, and Predator and Exotic Species Control. 9 9. That the discharge of waste from the subdivision will not result in violation of existing 10 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with City's Stormwater regulations. It has been conditioned to implement Best Management Practices for water quality protection, to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California 13 Regional Water Quality Control Board and with the City of Carlsbad Municipal Code. 14 10. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan and Specific Plan 203 based on the facts set forth in the staff report dated April 7, 2010 including, but not limited to the following: 17 a. Land Use - The existing General Plan Land Use designation for the project site is 18 Residential Low-Medium Density (RLM). The RLM designation allows low to medium density residential development (0 to 4 du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac; which is also used for the 2Q purposes of calculating the City's compliance with Government Code Section 65584. According to the constraints analysis used for density calculations, 37.79 21 dwelling units could be located on the site based on 11.81 net developable acres. A total of 37 proposed dwelling units and one existing residence (38 total units) at a density of 3.217 du/ac are proposed. At the RLM designation (0-4 du/ac), -., development of the site in the manner that would accommodate the dwelling units would: 1) require a significant amount of grading to the site, which would 24 be inconsistent with the City's Hillside Development Regulations (C.M.C. Chapter 21.95), and 2) the Habitat Management Plan (HMP) requires the 25 development to be clustered on the disturbed areas to the maximum extent. Therefore, given the topographic constraints of the site combined with the HMP need to cluster the development, the project applicant is proposing to change the 27 General Plan Land Use designation of the site from RLM to Residential Medium (4-8 du/ac) on lots 1 & 5 where the 37 units will be clustered on a 7 acre parcel at 28 a proposed density of 5.29 du/ac. Lots 3 & 4 will be designated Open Space (OS), while lot 2, site of the existing residence, will retain the RLM designation. PC RESO NO. 6686 -3- b. Circulation - All roadways (including curb, gutter, and sidewalk) needed to serve 2 the development will be dedicated and constructed prior to, or concurrent with, site development. The proposed circulation system is designed to provide access 3 to each of the proposed lots and dwelling units and complies with all applicable City design standards. c c. Housing - The City's Inclusionary Housing regulations require that a minimum of 15% of all approved units in any residential project be made affordable to 6 lower income households. The inclusionary housing requirement for the Muroya Subdivision residential development is seven (7) units. However, based on the project lot's environmental resources and constrained topography, and the site's distance away from employment opportunities, urban services, and transportation facilities, the Housing Policy Team has recommended the 9 purchase of seven (7) inclusionary housing credits within the Villa Loma Affordable Housing development to satisfy their inclusionary housing 10 obligations. d. Open Space & Conservation - The project will utilize Best Management Practices 12 for control of storm water and to protect water quality, will conform to all National Pollution Discharge Elimination System (NPDES) requirements, and 13 for purposes of habitat protection will provide an open space lot (Lot 3) located between the proposed residences (i.e., development area) and the boundaries of the proposed Open Space (Lot 4). This area will encompass the HMP 20 ft. wide ., upland habitat buffer area that is required between proposed development and preserved habitat areas. 16 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 17 Facilities Management Plan for Zone 20 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 20 project will be installed to serve new development prior to or concurrent with need. Specifically, 21 __ a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 23 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be 24 collected prior to issuance of building permit. 25 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 27 12. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional 28 requirements established by a Local Facilities Management Plan prepared pursuant to PC RESO NO. 6686 -4- Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of 2 public facilities and will mitigate any cumulative impacts created by the project. 3 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. 4 14. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them ,- created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the Growth Management 7 performance standards are contained within the Zone 20 LFMP and the project will comply with the general and special conditions of the zone, and that there have been 8 previous developments approved in the Zone 20 Specific Plan that have provided the necessary infrastructure to serve the project. 15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 11 16. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and *., implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while 14 continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by 15 the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each I 7 new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on 18 all new development within the City is essential to fund implementation of the City's Habitat Management Plan.19 2Q 17. The Planning Commission of the City of Carlsbad does hereby find: 21 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for MUROYA SUBDIVISION - 22 GPA 06-09, ZC 06-08, LCPA 06-09, SP 203D, CT 06-27, CP 06-19, CDP 06-32, HDP 06-10, and HMP 07-02, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the 24 project; and 25 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection 27 Procedures of the City of Carlsbad; and 28 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and PC RESO NO. 6686 -5- d. based on the El A and comments thereon, there is no substantial evidence the project 2 will have a significant effect on the environment. 3 18. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or recordation of a final map, whichever occurs first. o 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 10 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 13 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map. 14 Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, 17 different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and . „ regulations in effect at the time of building permit issuance. 20 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 21 challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with 23 all requirements of law. 24 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims -, and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, 27 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 28 (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the PC RESO NO. 6686 -6- facility of electromagnetic fields or other energy waves or emissions. This obligation 2 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 3 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 4 the Tentative Map reflecting the conditions approved by the final decision-making body. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 6 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 7 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to 9 that Plan prior to the issuance of building permits. 10 9. Developer shall implement, or cause the implementation of, the MUROYA SUBDIVISION - GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06- 11 19, CDP 06-32, HDP 06-10, and HMP 07-02 Project Mitigation Monitoring and j 2 Reporting Program. 13 10. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-09, ZC 06-08, SP 14 203(D), LCPA 06-09, CP 06-19, CDP 06-32, HDP 06-10, and HMP 07-02, and is 15 subject to all conditions contained in Planning Commission Resolutions No. 6681, 6682, 6683, 6684, 6685, 6687, 6688, 6689, and 6690 for those other approvals incorporated 16 herein by reference. 17 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 19 time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect 20 shall be placed on the Final Map. 71 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 22 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 23 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 20, pursuant to Chapter 21.90. All such 24 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 26 13. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the 27 Developer shall enter into an Affordable Housing Agreement with the City to purchase of seven (7) inclusionary housing credits within the Villa Loma Affordable Housing development to satisfy their inclusionary housing obligations. PC RESO NO. 6686 -7- 14. Developer shall submit to the City a Notice of Restriction executed by the owner of the 2 real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested 3 parties and successors in interest that the City of Carlsbad has issued a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Specific Plan Amendment, Tentative Tract Map, Condominium Permit, Coastal Development c Permit, Hillside Development Permit, and Habitat Management Plan Permit by Resolution No's. 6682, 6683, 6684, 6685, 6686, 6687, 6688, 6689, and 6690 on the 6 property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer 9 or successor in interest. 10 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 13 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 14 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 16 17. The northerly landscape boundary separating Units 7, 8, and 9 from the existing single family development to the north shall utilize an enhanced plant pallet, which 17 will establish a visual buffer. The final design shall be shown on the final Landscape plan and shall be subject to the Planning Directors approval.18 18. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved 20 by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: 23 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor 24 of, or in which the City has an interest. 25 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City 27 within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the PC RESO NO. 6686 -8- Association's Easements" as provided in Article , Section the 2 City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the 3 Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the r giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the 6 period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the 7 Owners as provided herein. o d. Special Assessments Levied by the City. In the event the City has performed the 9 necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the 10 City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in ,« full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and 13 ' payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, 14 payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment 17 against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special i Q assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot 20 and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment 21 in accordance with the procedures set forth in Article of this Declaration. 22 e. Landscape Maintenance Responsibilities. The owners association and individual lot 23 or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit 24 Landscape Material Restrictions: Restrictions to landscape materials adjacent to conserved habitat areas shall be as set forth in Exhibit Invasive/exotic species not to be used shall include those listed on Lists A and B of the "Exotic Plants of Greatest Ecological Concerns in California" adopted by 27 the California Exotic Pest Plants Council, October 1999. 28 PC RESO NO. 6686 -9- g. Lighting Restrictions on Private Residential Lots: Restrictions on lighting within 2 residential lots adjacent to open space conservation areas shall be as set forth in Exhibit . 3 h. Fire Suppression Zones: A disclosure shall be included identifying all lots where ^ Fire Suppression Zones extend into private rear yard areas. The disclosures <- shall include a site plan of the lot, location of the Fire Suppression Zones, and the fuel modification standards required for the various zones. 6 i. Aircraft Noise Disclosure: A disclosure shall be included that this property is 7 subject to overflight, sight and sound of aircraft operating from McClellan- Palomar Airport.8 9 19. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits 10 to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu 11 Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City , ~ Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has 13 determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the 14 General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with 16 the City's Habitat Management Plan (HMP) and the biological study (Dudek Engineering and Environmental, dated November, 2009), for impacts to 1.56 acres 17 of Group-F habitat (i.e., Disturbed Lands). If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the ° General Plan and any and all approvals for this project shall become null and void. 19 20. Developer shall submit a street name list consistent with the City's street name policy 20 subject to the Planning Director's approval prior to final map approval. 21 21. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, 23 then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the 24 existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning 5 Director and shall at least include a handout and a sign inside the sales facility stating the 2g fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 27 22. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to 28 the Planning Director, in the sales office at all times. All sales maps that are distributed PC RESO NO. 6686 -10- or made available to the public shall include but not be limited to trails, future and 2 existing schools, parks, and streets. 3 23. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain 4 posted until ALL of the units are sold. 24. Prior to the recordation of the first final tract map or the issuance of building permits, 6 whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar 7 Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). o 9 25. Removal of native vegetation and development of Open Space Lot(s) 3 and 4, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and 10 landscaping, other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit "A" - "VV", 1 is specifically prohibited, except upon written order of the Carlsbad Fire Department for 12 fire prevention purposes, or upon written approval of the Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a request from the 13 Homeowners Association accompanied by a report from a qualified arborist/botanist indicating the need to remove specified trees and/or plants because of disease or 14 impending danger to adjacent habitable dwelling units. For areas containing native vegetation, the report required to accompany the request shall be prepared by a qualified biologist. 16 26. Prior to issuance of a building permit, the Developer shall modify the architectural 17 side elevation of all plans to include additional enhanced architectural features as similarly displayed features on the front and rear elevations. The final design shall be shown on the building plans and shall be subject to the Planning Directors in approval. 20 Engineering: 21 Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a final map, building or grading permit, whichever occurs first. 23 General 24 27. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer 2f. for the proposed haul route. 27 28. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has 28 determined that adequate water and sewer facilities are available at the time of permit issuance. PC RESO NO. 6686 -11- 29. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or 2 other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private water 3 quality treatment measures, low impact development features, storm drain facilities, landscaping, landscape irrigation facilities, etc. located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within <- this subdivision. 6 30. There shall be one Final Map recorded for this project. 7 31. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. Grading 9 32. Based upon a review of the proposed grading and the grading quantities shown on the 10 tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for City Engineer review, and third party review, and shall pay all applicable grading plan review fees per the City's latest fee , - schedule. 13 33. Prior to grading permit issuance, Developer shall post required deposit and shall pay applicable review fees for a third party review of the grading plan and 14 geotechnical reports. 34. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the 16 City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on 17 a contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 19 35. This project requires off site grading. No grading for private improvements shall occur 20 outside the project unless Developer obtains, records, and submits a recorded copy, to the City Engineer, a temporary grading, construction or slope easement or agreement from 21 the owners of the affected properties. If Developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the 23 plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the City Engineer 24 and Planning Director. 25 26 27 28 PC RESO NO. 6686 -12- 36. Developer shall comply with the City's Stormwater Regulations, latest version, and shall 2 implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent 3 silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or 4 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 6 37. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer 7 receipt of a Notice of Intention from the State Water Resources Control Board. g 38. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements 10 and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant ,~ runoff during construction of the project. 39. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 13 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego 14 Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. 40. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking 17 the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: 20 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 21 Dedications/Improvements 23 41. Developer shall cause Owner to dedicate to the City and/or other appropriate entities for the public utility and access purposes as shown on the tentative map. The offer shall be 24 made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to ~,- the satisfaction of the City Engineer. 27 28 PC RESO NO. 6686 -13- 42. Developer shall design the private streets, as shown on the tentative map (TENTATIVE 2 MAP/SITE PLAN) to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All 3 private streets shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees for private streets, 4 c 43. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain 6 and larger) shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 7 44. Developer shall prepare and process public improvement plans and, prior to City Engineer approval of said plans, shall execute a City standard Subdivision Improvement 9 Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative map. Said improvements shall be 10 installed to City Standards to the satisfaction of the City Engineer. These improvements include, but are not limited to: 11 , 2 A. Frontage improvements to Black Rail Road, including but not limited to removal, repair and construction of curb, gutter and sidewalk, storm drain and 13 inlet, undergrounding of overhead utilities, and installation of new street lights. B. Construction of sewer mains and appurtenances to serve this subdivision. Developer shall pay the standard improvement plan check and inspection fees. 16 Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in 17 said agreement. 1 8 45. Developer shall cause Owner to waive direct access rights on the final map for all 19 lots abutting Black Rail Road. 20 46. Prior to issuance of building permits, Developer shall underground all existing overhead utilities along the subdivision boundary. 21 Non-Mapping Notes 23 47. Add the following notes to the final map as non-mapping data: 24 A. Developer has executed a City standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to: 27 i. Frontage improvements to Black Rail Road, including but not limited to removal, repair and construction of curb, gutter and sidewalk, storm drain and inlet, 28 undergrounding of overhead utilities, and installation of new street lights. PC RESO NO. 6686 -14- ii. Construction of sewer and water mains and appurtenances to serve this 01 i1-\r1i^/i 01 r\t-»2 subdivision. 3 B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 4 <- C. Geotechnical Caution: 6 i Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. 7 ii The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action 9 that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this 10 subdivision due to its construction, operation or maintenance. 1' D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted 12 to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. 13 E. The owner of this property on behalf of itself and all of its successors in interest has 14 agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the 16 drainage system or other improvements identified in the City approved development plans; or by the design, construction or maintenance of the drainage system or other 17 improvements identified in the City approved development plans. 18 Utilities 19 48. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire 20 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by 21 public water mains to the satisfaction of the District Engineer. 99z 49. Developer shall design and construct public facilities within public right-of-way or within 23 minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District or City Engineer, wider easements may be required for adequate 24 maintenance, access and/or joint utility purposes. 25 50. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 26 27 51. Developer shall install potable water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement 28 plans. PC RESO NO. 6686 -15- 52. The Developer shall install sewer laterals and clean-outs at locations approved by the City 2 Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 3 53. The Developer shall provide separate potable water meters for each separately owned unit within this subdivision. 4 5 Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to " the following: 54. This tentative map shall expire three years from the date of project approval. 8 55. Some improvements shown on the tentative map and/or required by these conditions are 9 located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The 11 Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the 12 requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. 56. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily 15 Trips (ADT) and floor area contained in the staff report and shown on the tentative map are for planning purposes only. 16 57. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as 17 required by Chapter 20.44 of the Carlsbad Municipal Code. 18 58. Developer shall pay a landscape plancheck and inspection fee as required by Section 19 20.08.050 of the Carlsbad Municipal Code. 20 59. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 22 60. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 23 Code Section 18.04.320. 24 61. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 26 27 28 PC RESO NO. 6686 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date- of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 7, 2010, by the following vote, to wit: AYES: NOES: Chairperson Douglas, Commissioners Baker, Dominguez, L'Heureux, and Nygaard ABSENT: Commissioners Montgomery and Schumacher ABSTAIN: rson ^ ~ Q^y»^^**» FARRAH^SeOUGLAS, Cf CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6686 -17-