HomeMy WebLinkAbout2019-08-20; City Council; Resolution 2019-144RESOLUTION NO. 2019-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION,
MITIGATION MONITORING AND REPORTING PROGRAM, AND ADDENDUM;
APPROVING A GENERAL PLAN AMENDMENT TO AMEND THE LAND USE
ELEMENT OF THE GENERAL PLAN FROM RESIDENTIAL (R-1.5) TO
RESIDENTIAL (R-4) AND A LOCAL COASTAL PROGRAM AMENDMENT TO
REFLECT THE PROPOSED GENERAL PLAN LAND USE; AND APPROVING A
TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT, COASTAL
DEVELOPMENT PERMIT, HILLSIDE DEVELOPMENT PERMIT, AND HABITAT
MANAGEMENT PLAN PERMIT TO ALLOW FOR THE SUBDIVISION AND
DEVELOPMENT OF 18 LOTS (13 SINGLE-FAMILY RESIDENTIAL, ONE PRIVATE
STREET, AND FOUR OPEN SPACE), ALL OF WHICH IS CONTAINED WITHIN A
21.9-ACRE PREVIOUSLY SUBDIVIDED PROPERTY GENERALLY LOCATED
SOUTH OF THE TERMINUS OF TWAIN AVENUE WITHIN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 8.
CASE NAME:
CASE NO.:
OCEAN VIEW POINT
GPA 15-02/LCPA 15-05/CT 15-07/PUD 15-15/
CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
EXHIBIT 2
WHEREAS, City Council of the City of Carlsbad, California has determined that pursuant to the
provisions of the Carlsbad Municipal Code, the Planning Commission did, on June 19, 2019, hold a duly
noticed public hearing as prescribed by law to consider a Mitigated Negative Declaration, Mitigation
Monitoring and Reporting Program and Addendum; General Plan Amendment GPA 15-02, Local Coastal
Program Amendment LCPA 15-05, Tentative Tract Map CT 15-07, Planned Development Permit PUD
15-15, Coastal Development Permit CDP 15-53, Hillside Development Permit HDP 15-03, and Habitat
Management Plan Permit HMP 15-05, as referenced in Planning Commission Resolution Nos. 7337,
7338 and 7339; and the Planning Commission adopted Resolution Nos. 7337, 7338 and 7339
recommending to the City Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider
said Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum;
and General Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned
Development Permit, Coastal Development Permit, Hillside Development Permit, and Habitat
Management Plan Permit.
August 20, 2019 Item #11 Page 9 of 160
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the Mitigated
Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and General Plan
Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Development Permit,
Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the adoption of a Mitigated
Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and approval of
General Plan Amendment GPA 15-02, Local Coastal Program Amendment LCPA 15-05, Tentative Tract
Map CT 15-07, Planned Development Permit PUD 15-15, Coastal Development Permit CDP 15-53,
Hillside Development Permit HDP 15-03, and Habitat Management Plan Permit HMP 15-05, are
adopted and approved, and that the findings and conditions of the Planning Commission contained in
Planning Commission Resolution Nos. 7337, 7338 and 7339 on file with the City Clerk and incorporated
herein by reference, are the findings and conditions of the City Council.
3. That the approval of GPA 15-02 as shown on Exhibit "GPA 15-02" -OCEAN VIEW POINT
dated June 19, 2019, attached hereto and made a part hereof, shall not be effective until LCPA 15-05
is approved by the California Coastal Commission and the California Coastal Commission's approval
becomes effective.
· 4. That the approval of LCPA 15-05 as shown on Exhibit "LCPA 15-05" -OCEAN VIEW POINT
dated June 19, 2019, attached hereto and made a part hereof, shall not be effective until it is approved
by the California Coastal Commission and the California Coastal Commission's approval becomes
effective.
5. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 ofthe Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
August 20, 2019 Item #11 Page 10 of 160
"NOTICE"
The time within which judicial review of this decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a request for the record is filed with
a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time
within which such petition may be filed in court is extended to not later than the thirtieth day following
the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request for the preparation of the record of the proceedings shall be
filed with the Office of the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 20th day of August 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Bhat-Patel, Blackburn, Schumacher, Hamilton.
None.
Hall. 1~ ftlM)c/1ovlL
'Q,t' MAnJLL, Mayor
(Lu.J1tLzr!~
~RBARA ENGLESON, City Clerk
(SEAL) ,,,,,,,111111111,,,,,,,,,,,,
;f·'of CAJi~'//~ ~ \ ... -~:._ ~ ~~--~---~~
f .... /_\l'l \O\~~ ~)CJ ~ \~'~ •• ;ii ~~----.~---··· ~ ~//f.1 ···········-.l..,'t--..ff '/1,,:-1 FOP.",,,,,~ ,,,,,,,,,,,111111\\~
August 20, 2019 Item #11 Page 11 of 160
PLANNING COMMISSION RESOLUTION NO. 7337
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED
NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING
PROGRAM AND ADDENDUM FOR THE APPROVAL OF AN AMENDMENT
TO THE LAND USE ELEMENT TO CHANGE THE GENERAL PLAN LAND USE
DESIGNATION FROM RESIDENTIAL (R-1.5) TO RESIDENTIAL (R-4); A ZONE
CHANGE FROM ONE-FAMILY RESIDENTIAL 30,000 SQUARE FOOT
MINIMUM LOT AREA (R-1-30,000) TO ONE-FAMILY RESIDENTIAL (R-1);
AND A LOCAL COASTAL PROGRAM LAND USE AND ZONE CHANGE TO
REFLECT THE PROPOSED GENERAL PLAN LAND USE AND ZONING FOR A
5.4-ACRE PORTION OF A 21.9-ACRE PROPERTY AND APPROVAL OF A
TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT, COASTAL
DEVELOPMENT PERMIT, HILLSIDE DEVELOPMENT PERMIT, AND HABITAT
MANAGEMENT PLAN PERMIT TO ALLOW FOR THE SUBDIVISION AND
DEVELOPMENT OF 18 LOTS (13 SINGLE-FAMILY RESIDENTIAL, ONE
PRIVATE STREET, AND FOUR OPEN SPACE) ON A 21.9-ACRE PREVIOUSLY
SUBDIVIDED PROPERTY GENERALLY LOCATED SOUTH OF THE TERMINUS
OF TWAIN AVENUE WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: OCEAN VIEW POINT
CASE NO.: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/
CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
EXHIBIT 4
WHEREAS, OCEAN VIEW-CARLSBAD, LLC, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
Lots 1 through 7, inclusive, of City of Carlsbad Tract No. CT 02-06, in the
City of Carlsbad,. County of San Diego, State of California, according to
map thereof No. 16265, filed in the Office of the County Recorder of San
Diego County on April 27, 2018
("the Property"); and
WHEREAS, a Mitigated Negative Declaration, Mitigation Monitoring and Reporting
Program and Addendum were prepared in conjunction with said project; and
WHEREAS, the Planning Commission did on June 19, 2019, 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 and
arguments, examining the initial study, analyzing the information submitted by staff, and considering any
August 20, 2019 Item #11 Page 15 of 160
written comments received, the Planning Commission considered all factors relating to the Mitigated
Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum.
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.
B) That based on the evidence presented at the public hearing, the Planning Commission
hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration, and Mitigation
Monitoring and Reporting Program, Exhibit "MND," according to Exhibits "Notice of
Intent {NOi)," and 11Environmental Impact Assessment Form -Initial Study {EIA)," and
Addendum, Exhibit "ADDM" attached hereto and made a part hereof, based on the
following findings:
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation
Monitoring and Report Program and Addendum for GPA 15-02/ZC 15-03/lCPA 15-05/CT
15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 -OCEAN VIEW POINT the
environmental impacts therein identified for this project and any comments thereon prior
to RECOMMENDING APPROVAL of the project; and
b. the Mitigated Negative Declaration, Mitigation Monitoring and Report Program and
Addendum has been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection
Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad;
and
d. based on the EIA and comments thereon, there is no substantial evidence the project will
have a significant effect on the environment.
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.
PC RESO NO. 7337 -2-August 20, 2019 Item #11 Page 16 of 160
PROJECT NAME:
MITIGATED NEGATIVE DECLARATION
OCEAN VIEW POINT.
( Cicyof
Carlsbad
PROJECT NO: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/CDP 15-53/
HDP 15-03/HMP 15-05 (DEV15043)
PROJECT LOCATION: Southern terminus of Twain Avenue
PROJECT DESCRIPTION: The proposed project consists of the subdivision and development of a 21.9-acre
previously subdivided property into 13 single-family residential lots (Lots 1-13), one (1) private street lot
(Lot 16), one (1) open space lot for water quality treatment (Lot 15), one (1) open space lot for passive
community recreation (Lot 17), one (1) open space lot for community landscape (Lot 18), and one (1)
16.54-acre lot for permanently preserved open space (Lot 14). The proposed residential lots vary in size
from 10,353 square feet to 19,660 square feet with an average lot size of 13,480 square feet. The
proposed subdivision requires a General Plan Amendment, Zone Change, and Local Coastal Program
Amendment to change the land use on a 5.4-acre portion ofthe 21.9-acre property from R-1.5 Residential
to R-4 Residential and to change the zoning from One-Family Residential (R-1-30,000) to One-Family
Residential (R~l). In addition, the project requires a Tentative Tract Map (CT) for the proposed subdivision
of land, a Planned Development Permit (PUD) for a private street (Twain Court) with gated entry, a Coastal
Development Permit (CDP) for grading and infrastructure development within the Coastal Zone, a Hillside
Development Permit (HDP) for hillside grading, and a Habitat Management Permit (HMP) for habitat
disturbances.
DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described
project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
·the Environmental Protection Ordinance of the City of Carlsbad. As a re.suit of said review, the Initial Study
identified potentially significant effects on the environment, and the City of Carlsbad finds as follows:
~ 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 the attached
sheet have been added to the project.
D The proposed project MAY have "potentially significant impact(s)1' 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 describe·d on attached sheets. (Mitigated Negative Declaration applies
only to the effects that remained to be addressed).
D 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.
Community & Economic Development
Planning Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax August 20, 2019 Item #11 Page 18 of 160
A copy of the Initial Study documenting reasons to support the Mitigated Negative Declaration is on file
in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008.
ADOPTED: June 19, 2019, pursuant to Planning Commission Resolution No . 7337
ATTEST:
Teri Delcamp
Principal Planner
August 20, 2019 Item #11 Page 19 of 160
ADDENDUM TO THE
MITIGATED NEGATIVE DECLARATION
GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/
EXHIBIT "ADDM"
CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043) -OCEAN VIEW POINT
The purpose of this Addendum to the Mitigated Negative Declaration is two-fold. The Addendum
reflects minor design changes to the project as well as describes revisions to the Mitigation
Monitoring and Reporting Program associated with the Ocean View Point project resulting from
consultation with the Wildlife Agencies and the California Coastal Commission staff during the
HMP consistency review period. The Addendum also makes a determination that these minor
design changes to the project and minor revisions to the Mitigation Monitoring and Reporting
Program do not create any new significant environmental effects, that none of the conditions
contained in Section 15162 of the California Environmental Quality Act (CEQA} have occurred, and
that a subsequent Mitigated Negative Declaration is not required.
The inain project design changes relating to the HMP consistency determination include a
reduction in the overall development impact footprint area to accommodate a 20-foot-wide
upland habitat buffer which is required to be located between the proposed open space
conservation lot (Lot 14} and the toe of graded slopes associated with the proposed residential
lots. Also added were two additional open space lots, one of which is for passive community
recreation (Lot 17} and the other is for community landscape (Lot 18}. The combination of
changes resulted in a reduction in the size of the proposed development impact area, a reduction
in the size of the residential lots, and a revision to two drainage outfall points so as to be relocated
entirely within the development footprint and outside of the upland habitat buffer. Also, the
original mitigation for coastal sage scrub impacts was only accounting for half of the 2:1 mitigation
that is required. Additional mitigation has now been added to fully achieve the Coastal Zone's
no-net-loss criteria relating to coastal sage scrub impacts:
The following Biological Resources Mitigation Measures No. 1-16 replace Biological Resources
Mitigation Measures No. 1-15 in their entirety as listed in the Mitigation Monitoring and Reporting
Program originally circulated for public review (SCH#2016051007):
1. A minimum 67% of the total Diegan coastal sage scrub onsite (10.18 acres) shall be conserved
within the project open space lot.
2. 75% of the project gross land area shall be preserved and protected by an open space
easement.
3. A minimum 20-foot upland buffer shall be established between the development and the
onsite preserve.
4. Impacts to 4.13 acres of coastal sage scrub (CSS} shall be mitigated at a minimum 2:1 ratio,
including a 1:1 creation/substantial restoration component. Mitigation shall consist of 6.17
acres of creation/substantial restoration of CSS habitat (meeting the no-net-loss standard}
and 18.63 acres of off-site enhancement (resulting in 2.49 acres of enhancement credit} of
CSS. All mitigation shall occur within the Coastal Zone onsite and offsite.
August 20, 2019 Item #11 Page 20 of 160
EXHIBIT "ADDM"
a. Onsite mitigation consists of 0.11 acre of creation/substantial restoration and 0.45 acre
of restoration.
b. Offsite mitigation consists of:
i. Emerald Pointe Preserve (APN 212-250-16-00), 0.87 acre of creation/substantial
restoration and 0.49 acre of restoration/enhancement.
ii. Shorepointe Preserve (APN 215-074-22-00), 3.27 acres of creation/substantial
restoration and 1.23 acres of restoration/enhancement. . .
iii. Batiquitos Lagoon Ecological Reserve (Mitsuuchi Property, APN 216-121-17-00),
1.92 acres of creation/substantial restoration and 0.32 acre of
restoration/enhancement.
5. Prior to final map approval, or 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
City and resource agencies in relation to the onsite open space lot and offsite mitigation areas
which are being conserved for natural habitat in the conformance with the City's Habitat
Management Plan:
The Mitsuuchi Property (adjacent to the Batiquitos Lagoon Ecological Reserve) was
purchased with federal Endangered Species· Act Section 6 grant funding, allocated by the
California Wildlife Conservation Board (WCB) with matching funding from the California
Coastal Conservancy. The subgrant deed for this property states that the property cannot
be used for mitigation. However, the subgrant agreement can be amended to allow
mitigation at the discretion of the California Coastal Conservancy and the WCB. Prior to
approval of this property being used to satisfy substantial restoration/r,estoration
mitigation obligations of the Project, (i) the landowner/developer must provide
documentation from the California Coastal Conservancy and WCB stating that the
subgrant deed has been amended to allow Project-related mitigation on the Mitsuuchi
property, and (ii) California Coastal Commission must approve the mitigation as a
requirement of the Coastal Development Permit.
b. Submit a final mitigation plan (conceptual restoration plan) for all onsite and offsite
mitigation areas. This plan, including on-the-ground verification, must be approved by
the city and resource agencies.
c. Select a conservation entity for each offsite mitigation area and onsite open space ·1ot,
subject to approval by the City, that possesses qualification to manage these areas for
conservation purposes.
d. Submit a final a Preserve Management Plan for each offsite mitigation area and onsite
open space lot, which shall ensure adequate management of these areas in perpetuity.
e. Submit a Property Analysis Record (PAR) or other method acceptable to the City for
estimating the costs of management and monitoring of each offsite mitigation area and
onsite open space lot in perpetuity in accordance with the requirements of the HMP.
August 20, 2019 Item #11 Page 21 of 160
EXHIBIT "ADDM"
Although Emerald Pointe is already funded for long-term mc;1nagement, additional long-
term funding for the mitigation area associated with the Ocean View Pointe project shall
be required to maintain this area to HMP standards. The Mitsuuchi property shall also
require additional management funding to insure the area is managed to HMP standards.
f. Based on the results of the final PAR for each mitigati_on area/open space lot, fund non-
wasting endowments in an amount sufficient for management and monitoring of the
offsite mitigation areas and onsite open space lot in perpetuity based on the approved
PAR/cost estimate. Separate funds must be established for each preserve (i.e., Ocean
View Pointe, Shorepointe, Emerald Pointe, and Mitsuuchi). Long-term management
funds for mitigation areas that already have an established endowment account can be
paid into that existing account.
g .. Obtain approval of the United States Fish and Wildlife Service (USFWS), California
Department of Fish and Wildlife (CDFW), and California Coastal Commission (CCC) for the
restoration plan(s), preserve management plans, PARs, and endowments for all onsite
and offsite mitigation areas/open space lot consistent with the most current Biological
Resources Letter Report and Impact Analysis, or as otherwise approved by the City, USFW,
CDFW, and CCC.
h. Permanently protect all mitigation areas by establishing conservation easements, as
defined in California Civil Code Section 815.1, over all offsite mitigation areas and the
onsite open space lot for the conservation, protection, and management of native species
and habitats consistent with the HMP and approved by the resource agencies and the
city. Proof of recordation shall be provided to the jurisdictional city prior to _land
disturbance .
6. To mitigate for indirect impacts to vegetation communities the following measures shall be
noted on the grading plans and implemented as part of this project:
a.· All site preparation and construction activities shall incorporate standard BMPs, including,
but not limited to, straw bales, gravel bags, sand bags, the periodic watering of bare areas,
and the direction of construction area drainage to existing storm drain facilities.
b. During construction, material stockpiles shall be placed such that they cause minimal
interference with on-site drainage patterns. Silt fencing and other silt containment
devices shall be installed, where necessary, to prevent off-site transport of sediment and
pollutants.
c. Equipment storage, fueling, and staging areas shall be located on disturbed upland sites
with minimal risk of direct drainage into sensitive habitats. These designated areas shall
be located in such a manner as to prevent any runoff from entering sensitive habitat. All
necessary precautions shall be taken to prevent the release of cement or other toxic
substances into surface waters. All project-related spills of hazardous materials shall be
reported to the City and shall be cleaned up immediately, and contaminated soils shall be
removed to approved disposal areas.
August 20, 2019 Item #11 Page 22 of 160
EXHIBIT "ADDM"
d. No plant species listed as problematic and/or invasive by the California Invasive Plant
Council (formerly the California Exotic Pest Plant Council) or State of California shall be
employed or allowed to naturalize or persist on the site. No plant species listed as a
"noxious weed" by the State of California or federal government shall be used in the
property. These requirements shall be reflected on the Final Landscape Plans and project
CC&R's.
e. A qualified City-approved project biologist shall be retained to review grading plans (e .g.,
all access routes and staging areas) and monitor construction activities throughout the
duration of the proposed project to ensure that all practicable measures are being
employed to avoid incidental disturbance of habitat and any target species of concern
outside the project footprint.
f. Construction monitoring reports summarizing how the project is in compliance with
applicable conditions shall be completed and provided to the City. The project biologist
shall be empowered to halt work activity if necessary and to confer with City staff to
ensure the proper implementation of species and habitat protection measures.
g. Any habitat destroyed that is not in the identified project footprint shall be disclosed
immediately to the City, USFWS, and CDFW, and shall be {ompensated at a minimum ratio
of 5:1.
h, Access to and from the site shall be located along existing access routes or disturbed areas
to the greatest extent possible. All access routes outside of existing roads or construction
areas shall be clearly marked.
i. Construction employees shall limit their activities, vehicles, equipment, and construction
materials to the fenced project footprint.
j. Upon project completion, signage should'be included in the sensitive habitat areas, where
determined appropriate, for the purpose of identifying adjacent habitats and educating
residents on the importance of staying on designated trails/paths, disposing trash
properly, and reducing fire hazards.
7. A water pollution and erosion control plan that describes sediment and hazardous materials
control, dewatering or diversion structures, fueling and equipment management practices,
and other factors deemed necessary by reviewing agencies shall be developed to mitigate any
potential impacts to special-status plants occurring within the impact footprint. Erosion
control measures shall be monitored on a regula rly scheduled basis, particularly during times .
of heavy rainfall. Corrective measures shall be implemented in the event erosion control
strategies are inadequate. Sediment/erosion control measures shall be continued at the ·
project site until such time as the revegetation efforts are successful at soil stabilization.
8. The footprint of disturbance to Nuttall's scrub oak shall be minimized to the maximum extent
feasible and shall be specified in the construction plans. Construction limits shall be
delineated with orange fencing, which shall be maintaine.d until the completion of all
construction activities. All employees shall be instructed that their activities, vehicles,
August 20, 2019 Item #11 Page 23 of 160
EXHIBIT "ADDM"
equipment, and construction materials are restricted to the proposed project footprint,
designated staging areas, and routes of travel.
9. To avoid direct and indirect impacts to special-status wildlife species, the following measures
shall be noted on the grading plans and implemented as part of this project:
a. During project construction, lighting in or adjacent to the conserved area shall not be
used, except where essential for roadway, facility use, and safety. If nighttime
construction lights are necessary, all lighting adjacent to natural habitat shall be shielded
and/or directed away from habitat.
b. · To avoid attracting predators of the target species of concern, the project site shall be
kept as clean of debris as possible. All food-related trash items shall be enclosed in sealed
containers and regularly removed from the site. Pets of project personnel shall not be
allowed on site where they may come into contact with any listed species.
c. A qualified City-approved project biologist shall conduct a training session for all project
development personnel prior to proposed activities. At a minimum, the training shall
include a description of the target species of concern and its habitats, the general
provisions of the Federal Endangered Species Act {FESA) and the Carlsbad Habitat
Management Plan {HMP), the need to adhere to the provisions of FESA and the Carlsbad
HMP, the penalties associated with violating the provisions of FESA, the general measures
that are being implemented to conserve the target species of concern as they relate to
the project, access routes, and project site boundaries within which the project activities
must be accomplished.
d. The monitoring biologist shall be on site during any initial clearing of habitat (annual
ground cover, shrubs, or trees). The monitoring biologist shall flush sensitive species
(avian or other mobile species) from occupied habitat areas immediately prior to brush-
clearing and earth-moving activities.
e. If dead or injured listed species are located, initial notification must be_ made within three
(3) working days, in writing, to the USFWS Division of Law Enforcement in Torrance,
California, and by telephone and in writing to the applicable jurisdiction, the Carlsbad
Field Office of United States Fish and Wildlife Service, and the California Department of
Fish and Wildlife.
f. Exotic species that prey on or displace target species of concern should be permanently
removed from the site.
10. Prior to the issuance of a Notice to Proceed for a subdivision, or any construction permits,
such as demolition, grading, or building, or beginning any construction-related activity, the
City shall verify that the following project requirements regarding nesting raptors, listed
species, and migratory birds are shown on the construction plans:
a. No clearing, grubbing, grading, or other construction activities shall occur in coastal
California gnatcatcher habitat between March 15 and August 15. Between March 15 and
August 15, construction noise levels shall not exceed 60 dB{A) hourly average within 500
August 20, 2019 Item #11 Page 24 of 160
EXHIBIT "ADDM"
feet of occupied coastal California gnatcatcher habitat. Construction noise shall be
monitored to maintain a threshold at or below 60 dB(A) hourly average sound level within
500 feet of occupied coastal California gnatcatcher breeding habitat. If noise levels
supersede the threshold, the construction array shall be changed, or noise attenuation
measures shall be implemented to ensure that noise levels do not exceed the threshold.
b. For other bird species, vegetation clearing, and construction should be avoided during the
breeding season between January 1 to August 30. If the nesting season cannot be avoided,
a qualified biologist shall conduct a pre-construction survey to determine the presence or
absence of nesting birds within the proposed area within three calendar days prior to the
start of construction activities, including the removal of vegetation.
c. If nests are located, they shall be fenced with a protective buffer around the nest. The
buffer width for nests of raptors shall be 500 feet. The buffer width for nests of other bird
species shall be determined by a qualified biologist based on species biology and
approved by the city. All construction activity shall be prohibited within the protective
buffer.
11. No exposed wood shall be allowed throughout the project, including gates, fences, decks, etc.
Residences shall be constructed with a Class-A type roof, with no vents installed along the
westerly side. Residences shall include interior fire sprinklers installed to the satisfaction of
the Carlsbad Fire Department. Parking areas and driveways shall be sited and designed to
allow for adequate fire department access. No fire buffer impacts or vegetation thinning
shall occur within the preserved open space (conservation easement) areas. These
requirements shall be ·reflected on the Final Landscape Plans, Building plans and project
CC&R's.
12. To prevent the loss of vegetative cover and address slope stabilization, the project developer
shall prohibit bare surface grading for fire control on slopes. The project developer shall also
ensure that all areas of habitat revegetation are planted with appropriate landscaping and
adequately stabilized (e.g_. with a soil binder) after planting to minimize surface erosion.
Finally, the project developer shall ensure that surface drainage directed to the preserve areas
maintains the existing storm water runoff rate, runoff volume, discharge pattern and is
treated and/or detained by appropriate storm water pollution control treatment facilities.
These requirements shall be reflected on both the final grading and landscape plans.
13. Temporary habitat protection fencing shall be installed to protect the habitat during grading
and construction activities. A qualified City-approved project biologist shall establish the
limits of the sensitive habitat in the field prior to grading. The project biologist shall also verify
in writing that the habitat protection fence has been appropriately placed and is adequately
functioning during site grading. Once grading and construction is completed, the temporary
fence shall be removed and a permanent fence to prevent access to conserved areas by
domesticated animals (specifically cats) shall be installed in an approved location. The project
fencing shall restrict direct human access to the HMP Preserve Area, yet still allow for sensitive
species to migrate within the entire HMP Preserve system. The project shall install signs to
educate the public about the goals of the HMP Preserve and that prohibit public access to it.
Signs shall be limited enough to prevent disturbance to sensitive species. These requirements
shall be reflected on the Final Grading, Landscape and Building Plans.
August 20, 2019 Item #11 Page 25 of 160
EXHIBIT "ADDM"
14. Project lighting in the back yards adjacent to the HMP Preserve areas 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. This requirement shall be reflected on the Final Landscape Plans,
Building plans and project CC&R's.
15. The project developer shall educate homeowners regarding responsible pet ownership (e.g.,
keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild) and
include information regarding the potential adverse effects of invasive species used in
landscaping and overuse of pesticides and fertilizers. The project developer shall install
permanent fencing in areas between housing and the adjacent HMP Preserve to keep pets
out of the Preserve Area. For exotic species control, the project shall not use any non-native,
invasive plant species in landscaping adjacent to the HMP Preserve. This requirement shall
be reflected in the project CC&R's.
16. The following Best Management Practices (BMPs) shall be added to the construction and final
landscaping plans and specifications:
a. All graded areas shall be landscaped prior to October 1st of each year with either
temporary or permanent landscaping materials, to reduce erosion potential. Such
landscaping shall be maintained and replanted if not well-established by December 1st
following the initial pl.anting.
b. The October 1st grading season deadline may be extended with the approval of the City
Engineer subject to implementation by October 1st of special erosion control measures
designed to prohibit discharge of sediments off-site during and after the grading
operation. Extensions beyond November 15th may be allowed in areas of very low risk of
impact to sensitive coastal resources and may be approved either as part of the original
coastal development permit or as an amendment to an existing coastal development
permit.
c. If any of the responsible resource agencies prohibit grading operations during the summer
grading period in order to protect endangered or rare species or sensitive environmental
resources, then grading activ.ities may be allowed during the winter by a coastal
development permit or permit amendment, provided that appropriate best management
practices are incorporated to limit potential adverse impacts from winter grading
activities.
Date: Teri Delcamp
Principal Planner
August 20, 2019 Item #11 Page 26 of 160
Mitigation Monitoring and Repo,rting Program
PROJECT NAME: OCEAN VIEW POINT
PROJECT NO: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
APPROVAL DATE/RESOLUTION NUMBER(S}: ~TB~D~---~-------------
{ City of
Carlsbad
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
BI0-1 A minimum 67% of the total Diegan coastal sage scrub onsite (10.18 acres)
shall be conserved within the project open space lot.
BI0-2 · 75% of the project gross land area shall be preserved and protected by an
open space easement.
·BI0-3 A minimum 20-foot upland buffer shall be established between the
development and the onsite preserve.
BI0-4 Impacts to 4.13 acres of coastal sage scrub (CSS) shall be mitigated at a
minimum 2:1 ratio, including a 1:1 creation/substantial restoration
component. Mitigation shall consist of 6.17 acres of creation/substantial
restoration of CSS habitat (meeting the no-net-loss standard) and 18.63 acres
of off-site enhancement (resulting in 2.49 acres of enhancement credit) of
CSS. All mitigation shall occur within the Coastal Zone onsite and offsite.
a. Onsite mitigation consists of 0.11 acre of creation/substantial
restoration and 0.45 acre of restoration.
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.
QJ a. ~ ..,
C: ·;::
0 ... 'i:
0 :E
Ongoing
Ongoing
Ongoing
Project
"' C: C: 0 ... .. ... ii: IU .., C: ... C: QJ C: C: ·;:: E 0 a: E "' .s t: C: -;: ·-.. :: <;:: .l!! IU C: a. 'i: a. E 0 QJ 0 .c: a, E QJ :;E C "' >-a:
PLN
PLN
PLN
PLN
PLN Planning Division
ENG Land Development Engineering Division
BLDG Building Division
Page 1 of 15 August 20, 2019 Item #11 Page 27 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03iHMP 15-05 (DEV15043)
-
QI VI C: C. ~ C: 0 ... "' ",i:i ii: "' 0.0 0.0 C: ... C: C: QI C: C: ·.::: ·.::: E 0 1l E VI 0 J3 t: C:
.,. ... ... ·c ·-"' 3: i;:: ~ "' MITIGATION MEASURE 0 C: C. 0 "i: 0. E 0 QI .J::. QI E QI ~ ~Q "' >-a:
b. Offsite mitigation consists of:
i. Emerald Pointe Preserve (APN 212-250-16-00), 0.87 acre of
creation/substantial restoration and 0.49 acre of
restoration/enhancement.
ii. Shorepointe Preserve (APN 215-074-22-00), 3.27 acres of
creation/substantial restoration and 1.23 acres of
restoration/enhancement.
iii. Batiquitos Lagoon Ecological Reserve (Mitsu·uchi Property, APN
216-121-17-00), 1.92 acres of creation/substantial restoration and
0.32 acre of restoration/enhancement.
B10-5 Prior to final map approval, or issuance of a grading permit or clearing of any Project PLN/ENG
habitat, whichever occurs first, the Developer shall take the following actions
to the satisfaction of the City and resource agencies in relation to the onsite
open space lot and offsite mitigation areas which are being conserved for
natural habitat in the conformance with the City's Habitat Management Plan:
a. The Mitsuuchi Property (adjacent to the Batiquitos Lagoon Ecological
Reserve) was purchased with federal Endangered Species Act Section 6
grant funding, allocated by the California Wildlife Conservation Board
(WCB) with matching funding from the California Coastal Conservancy.
The subgrant deed for this property states that the property cannot be
used for mitigation. However, the subgrant agreement can be amended
to allow mitigation at the discretion of the California Coastal
Conservancy and the WCB. Prior to approval of this property being used
to satisfy substantial restoration/restoration mitigation obligations of
the Project, (i) the landowner/developer must provide documentation
from the California Coastal Conservancy and WCB stating that the
subgrant deed has been amended to allow Project-related mitigation on
the Mitsuuchi property, and (ii) California Coastal Commission must
Mitigation Monitoring and Reporting Program Page 2 of 15
August 20, 2019 Item #11 Page 28 of 160
PROJECT NAME : OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
MITIGATION MEASURE
approve the mitigation as a requirement of the Coastal Development
Permit.
b. Submit a final mitigation plan (conceptual restoration plan) for all onsite
and offsite mitigation areas. This plan, including on-the-ground
verification, must be approved by the city and resource agencies.
c. Select a conservation entity for each offsite mitigation area and onsite
open space lot, subject to approval by the City, that possesses
qualification to manage these areas for conservation purposes.
d. Submit a final a Preserve Management Plan for each offsite mitigation
area and onsite open space lot, which shall ensure adequate management
of these areas in perpetuity.
e. Submit a Property Analysis Record (PAR) or other method acceptable to
the City for estimating the costs of management and monitoring of each
offsite mitigation area and onsite open space lot in perpetuity in
accordance with the requirements of the HMP. Although Emerald Pointe
is already funded for long-term management, additional long-term
funding for the mitigation area associated with the Ocean View Pointe
project shall be required to maintain this area to HMP standards. The
Mitsuuchi property shall also require additional managemeht funding to
insure the area is managed to HMP standards.
f. Based on the results of the final PAR for each mitigation area/open space
lot, fund non-wasting endowments in an amount sufficient for
management and monitoring of the offsite mitigation areas and onsite
open space lot in perpetuity based on the approved PAR/cost estimate.
Separate funds must be established for each preserve (i.e., Ocean View
Pointe, Shorepointe, Emerald Pointe, and Mitsuuchi). Long-term
management funds for mitigation areas that already have an established
endowment account can be paid into that existing account.
Mitigation Monitoring and Reporting Program
a, a. ~
t10 .5 0 ... ·2
0 ~
... t10 C: C: a, ·;: E B t'. '2 ra
0 a.
~ a, Q
"' C: C: :8 ra c:: ra ... C: C:
0 "C a, "' C a, E ~ :: ~ a, ra
0 ai C. E .s:: .§ a, Ill > er::
Page 3 of 15
August 20, 2019 Item #11 Page 29 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
MITIGATION MEASURE
g. Obtain approval of the United States Fish and Wildlife Service (USFWS),
California Department of Fish and Wildlife (CDFW), and California Coastal .
Commission (CCC) for the restoration plan(s), preserve management
plans, PARs, and endowments for all onsite and offsite mitigation
areas/open space lot consistent with the most current Biological
Resources Letter Report and Impact Analysis, or as otherwise approved by
the City, USFW, CDFW, and CCC.
h. Permanently protect all mitigation areas by establishing · conservation
easements, as defined in California Civil Code Section 815.1, over all
offsite mitigation areas and the onsite open space lot for the conservation,
protection, and management of native species and habitats consistent
with the HMP and approved by the resource agencies and the city. Proof
of recordation shall be provided to the jurisdictional city prior to land
disturbance.
QJ C. ~
tlO ·E g
'i: 0 2
B10-6 To mitigate for indirect impacts to vegetation communities the following Project
measures shall be noted on the grading plans and im~lemented as part of this
project:
a. All site preparation and construction activities shall incorporate·standard
BMPs, including, but not limited to, straw bales, gravel bags, sand bags,
the periodic watering of bare areas, and the direction of construction area
drainage to existing storm drain facilities.
b. During construction, material stockpiles shall be placed such that they
cause minimal interference with on-site drainage patterns. Silt fencing
and other silt containment devices shall be installed, where necessary, to
prevent off-site transport of sediment and pollutants.
c. Equipment storage, fueling, and staging areas shall be located on
disturbed upland sites with minimal risk of direct drainage into sensitive
habitats. These designated areas shall be located in such a manner as to
prevent any runoff from entering sensitive habitat. All necessary
Mitigation Monitoring and Reporting Program
... tlO C C QJ ·;:: E gt: ·-'" C C. 0 QJ 20
PLN/ENG
VI C '" ii:
C 0
C ;:
0 ~ "'
C 0 ·.;:; f C QJ
] E
<;: ..9:! "i: C. ., E >-
~ '" E QJ 0::
Page 4 of 15
August 20, 2019 Item #11 Page 30 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
MITIGATION MEASURE
precautions shall be taken to prevent the release of cement or other toxic
substances into surface waters. All project-related spills of hazardous
materials shall be reported to the City and shall be cleaned up
immediately, and contaminated soils shall be removed to approved
disposal areas.
d. No plant species listed as problematic and/or invasive by the California
Invasive Plant Council (formerly the California Exotic Pest Plant Council) or
State of California shall be employed or allowed to naturalize or persist on
the site. No plant species listed as a "noxious weed" by the State of
California or federal government shall be used in the property. These
requirements shall be reflected on the Final Landscape Plans and project
CC&R's.
e. A qualified City-approved project biologist shall be retained to review
grading plans (e.g., all access routes and staging areas) and monitor
construction activities throughout the duration of the proposed project to
ensure that all practicable measures are being employed. to avoid
incidental disturbance of habitat and any target species of concern
outside the project footprint.
f. Construction monitoring reports summarizing how the project is· in
compliance with applicable conditions shall be completed and provided to
the City. The project biologist shall be empowered to halt work activity if
necessary and to confer with City staff to ensure the proper
implementation of species and habitat protection measures.
g. Any habitat destroyed that is not in the identified project footprint shall
be disclosed immediately to the City, USFWS, and CDFW, and shall be
compensated at a minimurr ratio of 5:1.
h. Access to and from the site shall be located along existing access routes
or disturbed areas to the greatest extent possible. All access routes
outside of existing roads or construction areas shall be clearly marked.
Mitigation Monitoring and Reporting Program
(IJ 0. ~
·"° C ·;: .s ·c
0 ~
... t>O C C <II ·;: E .s t: •-Ill C 0. 0 (IJ ~c
"' C Ill a:
C 0
C
== 0 .J: "'
C 0 :;:; !!l C (IJ al E i.::.S! "i: a.
(IJ E >-
-€ Ill E (IJ a::
Pages of 15
August 20, 2019 Item #11 Page 31 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
QI a. ~
ll0 C ·c
0 ... ·2
MITIGATION MEASURE 0 2
B10-7
B10-8
B10-9
i. Construction employees shall limit their activities, vehicles, equipment,
and construction materials to the fenced project footprint.
j. Upon project completion, signage should be included in the sensitive
habitat areas, where determined· appropriate, for the purpose of
identifying adjacent habitats and educatirig residents on the importance
of staying on designated trails/paths, disposing trash properly, and
reducing fire hazards.
A water pollution and erosion control plan that describes sediment and Project
hazardous materials control, dewatering or diversion structures, fueling and
equipment mc1nagement practices, and other factors deemed necessary by
reviewing agencies shall be developed to mitigate any potential impacts to
special-status plants occurring within the impact footprint. Erosion control
measures shall be monitored on a regularly scheduled basis, particularly during
times of heavy rainfall. Corrective measures shall be implemented in the event
erosion control strategies are inadequate. Sediment/erosion control measures
shall be continued at the project site until such time as the revegetation efforts
are successful 9t soil stabilization.
The footprint of disturbance to Nuttall's scrub oak shall be minimized to the Project
maximum extent feasible and shall be specified in the construction plans.
Construction limits shall be delineated with orange fencing, which shall be
maintained until the completion of all construction activities. All employees
shall be instructed that their activities, vehicles, equipment, and construction
materials are restricted to the proposed project footprint, designated sta~ing
areas, and . routes of travel.
To avoid direct and indirect impacts to special-status wildlife species, the Project
following measures shall be noted on the grading plans and implemented as
part of this project:
Mitigation Monitoring and Reporting Program
... ll0 C C QI ·c E 2 t: ·-"' C a. .0 QI 20
PLN/ENG
PLN/ENG
PLN/ENG
"' C "' C:
C 0
C :i: 0 .s:: Ill
C 0 .. "' ... C
1l E ,;:: ..!!:! "i: C.
QI E >-
"' ~
"' E QI 0:::
· Page 6 of 15
August 20, 2019 Item #11 Page 32 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043}
Ill "' C: Q. ~ C: ~ "' .... ii: "' Ill) Ill) C: .... C: C: Ill C: C: •;: ·;: E 0 "Cl Ill "' 0 !3 t: C: Ill E ~ .... 'i: ·-"' ;: I;:.!!! "' MITIGATION MEASURE 0 C: Q. 0 .. i: C. E 0 Ill ..c: Ill E Ill 2 :Ee "' >-0::
a. During project construction, lighting in or adjacent to the conserved area
shall not be used, except where essential for roadway, facility use, and
safety. If nighttime construction lights are necessary, all lighting adjacent
to natural habitat shall be shielded and/or directed away from habitat.
b. To avoid attracting predators of the target species of concern, the project
site shall be kept as clean of debris as possible. All food-related trash items
shall be enclosed in sealed containers and regularly removed from the
site. Pets of project personnel shall not be allowed on site where they may
come into contact with any listed species.
C. A qualified City-approved project biologist shall conduct a training session
for all project development personnel prior to proposed activities. At a
minimum, the training shall include a description of the target species of
concern and its habitats, the general provisions of the Federal Endangered
Species Act (FESA) and the Carlsbad Habitat Management Plan (HMP), the
need to adhere to the provisions of FESA and the Carlsbad HMP, the
penalties associated with violating-the provisions of FESA, the general
measures that are being implemented to conserve the target species of
concern as they relate to the project, access routes, and project site
boundaries within which the project activities must be accomplished.
d. The monitoring biologist shall be on site during any initial clearing of
habitat (annual ground cover, shrubs, or trees). The monitoring biologist
shall flush sensitive species (avian or other mobile species) from occupied
habitat areas immediately prior to brush-clearing and earth-moving
activities.
e. If dead or injured listed species are located, initial notification must b_e
made within three (3) working days, in writing, to the USFWS Division of
Law Enforcement in Torrance, California, and by telephone and in writing
to the applicable jurisdiction, the Carlsbad Field Office of United States
Fish and Wildlife Service, and the California Department of Fish and
Wildlife.
Mitigation Monitoring and Reporting Program Page 7 of 15
August 20, 2019 Item #11 Page 33 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
Ill "' C a. ?:' C 0 .... "' .:; ti: "' OD OD C .... C C Ill C C -~ ·;: E 0 al ~ "' .... .9 t: C -i!: ·c ·c [ 3: r;:: ~ "' MITIGATION MEASURE 0 0 QI 0 "i: CL E .<: QI E Ill ::E ::E Q "' >-a:
f. Exotic species that prey on or displace target species of concern should be
permanently removed from the site.
BIO-10 Prior to the issuance of a Notice to Proceed for a subdivision, or any Project PLN
construction permits, such as demolition, grading, or building, or beginning any
construction-related activity, the City shall verify that the following project
requirements regarding nesting raptors, listed species, and migratory birds are
shown on the construction plans:
a. No clearing, grubbing, grading, or other construction activities shall occur
in coastal California gnatcatcher habitat betw_een March 15 and August
15. Between March 15 and August 15, construction noise levels shall not
exceed 60 dB(A) hourly average within 500 feet of occupied coastal
California gnatcatcher habitat. Construction noise shall be monitored to
maintain. a threshold at or below 60 dB(A) hourly average sound level
within 500 feet of occupied coastal California gnatcatcher breeding
habitat. If noise levels supersede the threshold, the construction array
shall be changed, or noise attenuation measures shall be implemented to
ensure that noise levels do not exceed the threshold.
b. For other bird species, vegetation clearing, and construction should be
avoided during the breeding season between January 1 to August 30. If
the nesting season cannot be avoided, a qualified biologist shall conduct
a pre-construction survey to determine the presence or absence of
nesting birds within the proposed area within three calendar days prior to
the start of construction activities, including the removal of vegetation.
C. If nests are located, they shall be fenced with a protective buffer around
the nest. The buffer width for nests of raptors shall be 500 feet. The buffer
width for nests of other bird species shall be determined by a qualified
biologist based on species biology and approved by the city. All
construction activity shall be prohibited within the protective buffer.
Mitigation Monitoring and Reporting Program Page 8 of 15
August 20, 2019 Item #11 Page 34 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
QJ Ill C C. ~ C ~ "' .. 0:: "' bl) bD C .. . § C QJ C C ·.: E 0 a: e "' 0 .s t'. C
..,. .... ni ·2 ·-"' ;: t;: ~
MITIGATION MEASURE 0 C C. 0 •;:: CL E
2 0 QJ ..c a, E QJ 20 Ill >-D:
BI0-11 No exposed wood shall be allowed throughout the project, including gates; Project/ PLN/FIRE
fences, decks, etc. Residences shall be constructed with a Class-A type roof, Ongoing
with no vents installed along the westerly side. Residences shall include
interior fire sprinklers installed to the satisfaction of the Carlsbad Fire
Department. Parking areas and driveways shall be sited and designed to
allow for adequate fire department access. No fire buffer impacts or
vegetation thinning shall occur within the preserved open space
(conservation easement) areas. These requirements shall be reflected on the
Final Landscape Plans, Building plans and project CC&R's.
BI0-12 To prevent the loss of vegetative cover and address slope stabilization, the Project/ PLN/ENG
project developer shall prohibit bare surface grading for fire control on Ongoing
slopes. The project developer shall also ensure that all areas of habitat
revegetation are planted with appropriate landscaping and adequately
stabilized (e.g. with a soil binder) after planting to minimize surface erosion.
Finally, the proj~ct developer shall ensure that surface drainage directed to
the preserve areas maintains the existing storm water runoff rate, runoff
volume, discharge pattern and is treated and/or detained by appropriate
storm water pollution control treatment facilities. These requirements shall
be reflected on both the final grading and landscape plans.
Mitigation Monitoring and Reporting Program Page 9 of 15
August 20, 2019 Item #11 Page 35 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
QI "' C C. ~ C -2 .... "' "" ii: "' bll C .... C C a, C: C ·;:: ·;:: E ·O 1l E "' 0 B t: C -t ... ·c ·-"' :: i;:: ..9:! "' C C. 't: a. E MITIGATION MEASURE 0 0 QI 0 .s:: ~ .E QI 2 ::Ee "' er::
B10-13 Temporary habitat protection fencing shall be installed to protect the habitat Project/ PLN
during grading and construction activities. A qualified City-approved project Ongoing
biologist shall establish the limits of the sensitive habitat in the field prior to
grading. The project biologist shall also verify in writing that the habitat
protection fence has been appropriately placed and is adequately functioning
during site grading. Once grading and construction is completed, the
temporary fence shall be removed and a permanent fence to prevent access
to conserved areas by domesticated animals (specifically cats) shall be
installed in an approved location. The project fencing shall restrict direct
human access to the HMP Preserve Area, yet still allow for sensitive species to
migrate within the entire HMP Preserve system. The project shall install signs
to educate the public about the goals of the HMP Preserve and that prohibit
public access to it. Signs shall be limited enough to prevent disturbance to
sensitive species. These requirements shall be reflected on the Final Grading,
Landscape and Building Plans.
B10-14 Project lighting in the backyards adjacent to the HMP Preserve areas shall be Ongoing PLN
of the minimum necessary for safety and security and shall be shielded and
directed to shine downward and not into the HMP Preserve. This
requirement shall be reflected on the Final Landscape Plans, Building plans
and project CC&R's.
B10-15 The project developer shall educate homeowners regarding responsible pet Ongoing PLN
ownership (e.g., keeping pets indoors, spaying/neutering pets, and not
releasing pets into the wild) and include information regarding the potential
adverse effects of invasive species used in landscaping and overuse of
pesticides and fertilizers. The project developer shall install permanent fencing
in areas between housing and the adjacent HMP Preserve to keep pets out of
the Preserve Area, For exotic species control, the project shall not use any non-
native, invasive plant species in landscaping adjacent to the HMP Preserve.
This requirement shall be reflected in the project CC&R's.
B10-16 The following Best Management Practices {BMPs) shall be added to the Project/ PLN/ENG
construction and final landscaping plans and specifications: Ongoing
Mitigation Monitoring and Reporting Program Page 10 of 15
August 20, 2019 Item #11 Page 36 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
QJ "' C C. ~ C 0 ... "' ..., .. ii: "' OD C ... C C QJ C C ·;: ·;: E 0 ai e "' 0 .s t: C ~ ... 'i: ·-"' . 3 <;:: j! "' C C. "i: 0.. E MITIGATION MEASURE 0 0 QJ 0 .J:. ., E QJ ~ ~Q VI >-a:
a. All graded areas shall be landscaped prior to October 1st of each year
with either temporary or permanent landscaping materials, to reduce
erosion potential. Such landscaping shall be maintained and replanted if
not well-established by December 1st following the initial planting.
b. The October 1st grading season deadline may be extended with the
approval of the City Engineer subject to implementation by October 1st
of special erosion control measures designed to prohibit discharge of
sediments off-site during and after the grading operation. Extensions
beyond November 15th may be allowed in areas of very low risk of
impact to sensitive coastal resources and may be approved either as part
of the original coastal development permit or as an amendment to an
existing coastal development permit.
C. If any of the responsible resource agencies prohibit grading operations
during the summer grading period in order to protect endangered or
rare species or sensitive environmental resources, t~en grading activities
may be allowed during the winter by a coastal development permit or
permit amendment, provided that appropriate best management
practices are incorporated to limit potential adverse impacts from winter
grading activities.
CUL-1 Prior to the commencement of any ground disturbing activities, the project Project PLN
developer shall enter into a Pre-Excavation Agreement, otherwise known as a
Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with
the San Luis Rey Band of Mission Indians or other Luisef\o tribe. This
agreement will contain provisions to address the proper treatment of any
tribal cultural resources and/or Luisef\o Native Am~rican human remains
inadvertently discovered during the course of the project. The agreement will
outline the roles and powers of the Luisef\o Native American monitors and
the archaeologist.
Mitigation Monitoring and Reporting Program Page 11 of 15
August 20, 2019 Item #11 Page 37 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 {DEV15043)
<11 "' C Q.
~ C 0 ra :;::, ... ii: ra bO bO C ... . !: C <11 C C ·.: E 0 "O <11 "' 0 .s t C w E "" ... ;;; ·2 ·-ra 3 t;:: ,!!!
MITIGATION MEASURE 0 C Q. 0 ·t: a. E 0 <11 ..c w E <11 ~ ~c .,, >-0::
CUL-2 A Luisefio Native American monitor shall be present during all ground Project PLN
disturbing activities. Ground disturbing activities may include, but are not be
limited to, archaeological studies, geotechnical investigations, clearing,
grubbing, trenching, excavation, preparation for utilities and other
infrastructure, and grading activities.
CUL-3 Any and all uncovered artifa,cts of Luisefio Native American cultural Project PLN
importance shall be returned to the San Luis Rey Band of Mission Indians,
and/or the Most Likely Descendant, if applicable, arid not be curated.
CUL-4 The Luisefio Native American monitor shall be present at the project's Project PLN
preconstruction meeting to consult with grading and excavation contractors
concerning excavation schedules and safety issues, as well as consult with the
principal archaeologist concerning the proposed archaeologist techniques
and/or strategies for the project.
CUL-5 Luisefio Native American monitors and archaeological monitors shall have Project PLN
joint authority to temporarily divert and/or halt construction activities. If
tribal cultural resources are discovered during construction, all earth moving
activity within and around the immediate discovery area must be diverted
until the Luisefio Native American monitor and the archaeologist can assess
the nature and significance of the find.
-
CUL-6 If a significant tribal cultural resource(s) and/or unique archaeological Project PLN
resource(s) are discovered during ground disturbing activities for this project,
the San Luis Rey Band of Mission Indians shall be notified and consulted
regarding the respectful and dignified treatment of those resources.
Pursuant to California Public Resources Code Section 21083.2(b) avoidance is
the preferred method of preservation for archaeological and tribal cultural
resources. If, however, the Applicant is able to demonstrate that avoidance
of a significant and/or unique cultural resource is infeasible and a data
recovery plan is authorized by the City of Carlsbad as the lead agency, the San
Luis Rey Band of Mission Indians shall be consulted regarding the drafting and
finalization of any such recovery plan.
Mitigation Monitoring and Reporting Program Page 12 of 15
August 20, 2019 Item #11 Page 38 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043}
QJ "' C a. ?: C :8 .... "' ci: "' bO bO C .... C C QJ C C -~-·.::: E 0 ai E "' 0 .s t! C ~... 'i: ·-"' 3: i;:: ..2! "' MITIGATION MEASURE 0 C a. 0 ·t: C. E0 QJ .c ~ .5 QJ :ii: :ii: Q "' a:
CUL-7 When tribal cultural resources are discovered during the project, if the Project PLN
archaeologist collects such resources, a Luiseno Native American monitor
must be present during any testing or cataloging of those resources. if the
archaeologist does not collect the tribal cultural resources that are unearthed
during the ground disturbing activities, the Luiseno Native American monitor,
may in their discretion, collect said resources and provide them to the San
Luis Rey Band of Mission Indians for dignified and respectful treatment in
accordance with their cultural and spiritual traditions.
CUL-8 If suspected Native American human remains are encountered, California Project PLN
Health and Safety Code Section 7050.5 states that no further disturbance
shall occur until the San Diego County Coroner has made the necessary
findings as to origin. Further, pursuant to California Public Resources Code
Section 5097.98(b) remains shall be left in place and free from disturbance
until a final decision as to the treatment and disposition has been made.
Suspected Native American remains shall be examined in the field and kept in
a secure location at the site. A Luiseno Native American monitor shall be
present during the examination of the remains. If the San Diego County
Coroner determines the remains to be Native American, the Native American
Heritage Commission (NAHC) must be contacted within 24 hours. The NAHC
must then immediately notify the "Most Likely Descendant" of receiving
notification of the discovery. The Most Likely Descendant shall then make
recommendations within 48 hours and engage in consultation concerning
treatment of remains as provided in ·Public Resources Code 5097.98.
CUL-9 In the event that fill material is in,ported into the project area, the fill shall be Project PLN
clean of tribal cultural resources and documented as such. lffill material is to
be utilized and/or exported from areas within the project site, then that fill
material shall be analyzed and confirmed by an archeologist and Luiseno
Native American monitor that such fill material does not contain tribal
cultural resources.
Mitigation Monitoring and Reporting Program Page 13 of 15
August 20, 2019 Item #11 Page 39 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-1' /CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
QJ Ill C a. ?:' C 0 ... "' ., a: "' b.O b.O C ... . 5 C QJ C C
5 ·;: E 0 al ~ Ill ... B ~ C ~
·1: ·1: "' ::: <.:.!!/ "' MITIGATION MEASURE 0 0 a. 0 .i: a. E
2 2 ~ .<: w E QJ
"' >-0::
CUL-10 No testing, invasive or non-invasiye, shall be permitted on any recovered Project PLN
tribal cultural resources without the written permission of the San Luis Rey
Band of Mission Indians.
CUbll Prior to the release of the grading bond, a monitoring report and/or Project PLN
evaluation report, if appropriate, which describes the results, analysis and
conclusions of the monitoring program shall be submitted by the
archaeologist, along with the Luisef\o Native American monitor's notes and
comments, to the City of Carlsbad for approval. Said report shall be subject
to confidentiality as an exception to the Public Records Act and will not be
available for public distribution.
..
PALEO-1 Prior to any grading on any portion of the project site, a qualified Project PLN
paleontologist shall be retained by the City to prepare a Monitoring Plan. A .
qualified paleontologist is an individual with an MS or PhD in paleontology or
geology who is familiar with paleontological procedures and techniques. No
Grading Permits shall be issued 1:mtil the monitoring plan has been approved
by the City Planner.
PALEO-2 A qualified paleontological monitor shall be present at a pre-grading Project PLN
conference with the developer, grading contractor, and the environmental
review coordinator. The purpose of this meeting will be to consult and
coordinate the role of the paleontologist in the grading of the site. A qualified
paleontologist is an individual with adequate knowledge and experience with
fossilized remai_ns likely to be present to identify them in the field and is
adequately experienced to remove the resources for further study.
PALEO-3 A paleontologist or designate shall be present during those relative phases of Project PLN
grading as determined at the pre-gra ding conference. The monitor shall have
the authority to temporarily direct, divert, or halt grading to allow recovery of
fossil remains. At the discretion of the monitor, recovery may include
washing and picking of soil samples for micro-vertebrate bone and teeth. The
developer shall authorize the deposit of any resources found on the project
site in an institution staffed by qualified paleontologists as may be
Mitigation Monitoring and Reporting Program Page 14 of 15
August 20, 2019 Item #11 Page 40 of 160
PROJECT NAME : OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043}
C1J VI C C. ?!' C 0 ... "' +'
tlO ' ii: "' tlO C ... C C C1J C C ·;:: •;:: E 0 ai E VI 0 .s t'. C .l< ... ;;; ·2 ·-"' :: <;:: j!
MITIGATION MEASURE 0 f! 0 ·.:: C. E
~ J:. C1J E C1J
"' >-er:
determined by the City Planner. The contractor shall be aware of the random
nature of fossil occurrences and the possibility of a discovery of such scientific
and/or educational importance which might warrant a long-term salvage
operation or preservation. Any conflicts regarding the role of the
paleontologist and/or recovery times shall be resolved by the City Planner.
PALE0-4 If fossils are discovered, the paleontologist (or paleontological monitor) shall Project PLN
recover them. In most cases, this fossil salvage can be completed in a short
period of time. However, some fossil specimens (such as 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. Because of the potential for the recovery of small fossil
remains, such as isolated mammal teeth, it may be necessary in certain
instances, to set up a screen-washing operation on the site.
PALE0-5 Fossil remains collected during the monitoring and salvage portion of the Project PLN
mitigation program shall be cleaned repaired, sorted, and cataloged.
PALE0-6 Prepared fossils, along with copies of all pertinent field notes, photos, and Project PLN
maps, shall either be deposited (as a donation) in a scientific institution with
permanent paleontological collections such as the San Diego Natural History
Museum or retained by the City and displayed to the public at an appropriate
location such as a library or City Hall.
PALE0-7 Prior to occupancy of any buildings, a paleontological monitoring report shall Project PLN
be submitted to the City Planner and the Carlsbad Historic Preservation
Com miss.ion . This report shall describe all the materials recovered and
provide a tabulation of the number of hours spent by paleontological
monitors on the site.
Mitigation Monitoring and Reporting Program Page 15 of 15
August 20, 2019 Item #11 Page 41 of 160
NOTICE OF INTENT TO ADOPT A
MITIGATED NEGATIVE DECLARATION
PROJECT NAME: OCEAN VIEW POINT
C cicyof
Carlsbad
PROJECT NO: GPA 15-0Z/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
PROJECT LOCATION: Southern terminus of Twain Avenue
PROJECT DESCRIPTION : A subdivision of a 21.9-acres into one 16.6 acre open space lot and on the
remaining 5.4 acres the creation of 13 residential lots with an average··1ot size of 14,234 sq. ft., one private
street lot ("Lot C11), and one O[Jen space/water quality basin lot ("Lot B"). The project ini::ludes a General
Plan Amendment to change the property's designation from R 1.5 to R 4, and a.Zone Change from R-1-
30,000 to R-1.
PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above
described project pursuant to the Guidelines for Jmplementation of the California Environmental Quality
Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review,
the ln.itial study identified potentially significant effects on the environment, but (1) revisions in the
project plans or proppsals-made by, or agreed to by, the applicant before the proposed Mitigated Negative
De&laFati0n-aRGl-lr-rit~al-Stud.y...:arn-rnlea-sed-for--pul;,li(?r.f-eV-ie-w-w0uld-avGid.:.t-1:ie-e-ff.@Gt-s-0.r--fnitigat€l-t-l=lEl-e-ff.@Gt-i
to a point where clearly no significant effect on the ·environment would occur,. and (2) there is no
substantial evidence in light of the whole record before the City that the project "as revised" may have a
significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended
. for adoption by the City of Carlsbad City Council.
AVAILABILITY: A copy of the Initial Study documenting reasons to support the proposed Mitigated
Negativ~ Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008
and is available online at: http:ljwww.carlsbadca.gov/services/depts/planning/agendas.asp.
COMMENTS: Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guid·efines,
in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed
finding' that the project will not have a significant effect on .the environment. If persons and public
agencies believe that the project may have a significant effect, they should: {1) identify the specific effect;
{2) explain why they believe the effect would occur; and {3) explain why they believe the effect would be
significant. Written comments rega rding the draft Mitigated Negative Declaration should be directed to
Christer Westman . at the address · listed below· or via email to christer.westman@carlsbadca.gov.
Comments must be received within 30 days of the date of this notice.
I I ~ •
, The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption
by the City Council. Additional public notices will be issued when those public hearings are scheduled. If
you have any questions,-please call Christer Westman in the Planning Division at {760) 602-4614.
PUBLIC REVIEW PERIOD
PUBLISH DATE
May 3, 2016 -June 2, 2016
May 3, 2016
Community & Economic Development
Planning Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax August 20, 2019 Item #11 Page 42 of 16
Initial Study
47'"· l_ Cicyof
Carlsbad
1. PROJECT NAME: Ocean View Point
2. PROJECr°NO: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
3. LEAD AGENCY:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
4. PROJECT APPLICANT:
James Whalen and Associates
Attn: Nick Doenges
Suite 725
1660 Hotel Circle North
San Diego, CA 92108
5. LEAD . AGENCY CONTACT PERSON:
christe r. westma n@ca rlsbadca .gov.
Christer Westman Senior Planner (760) 602-4614
6. PROJECT LOCATION: Southern. terminus of Twain Avenue
7. GENERAL PLAN LAND USE DESIGNATION: Residential 1.5/Open Space
8. ZONING: R-1-30,000/Open Space
9. PROJECT DESCRIPTION:
The proposed project is a subdivision of a 21.9-acre lot, APN 212-010-03-00, into 13 residential lots
on 5.4 acres, one private street lot ("Lot C"), and one open space/water quality basin lot ("Lot B");
16.6 acres w.ill remain open space. The proposed residential lots vary in size from 9,698 sq. ft. to
20,720 sq. ft. with an average lot size of 14,234 sq. ft. The proposed subdivision will require a General
Plan Amendment to change the property's designation from R 1.5 to R 4, a Zone Change from R-1-
30,000'to R-1, approval of the Tentative Map for the subdivision, a Local Coastal Program Amendment
because of the proposed changes to land use designation and zonini:s, a Planned Development Permit
for the private street and non-conforming lot dimensions & building setbacks, a Hillside Development
Permit for hillside grading, and a Habitat Management Permit for habitat disturbance.
The property is currently undevelopeci'but has an approved tentat'ive map (CT-02-06) for five 30,000-
sq. ft. residential lots, a private street lot, and an open space lot. The proposed project is designed to
occupy the same development footprint as CT 02-06, but proposes a boundary adjustment between
residential lots and open space to -relocate 2,217 sq. ft. of open space. The relocated area of open
space is of greater habitat value than the area defined by CT 02-06.
10. ENVIRONMENTAL SETTING/SURROUNDING LAND USES:.
The proposed project lies at the southern terminus of Twain. Avenue, abutting the Spyglass Hills
neighborhood. The Spyglass Hills neighborhood is designated R 4 under the General Plan and zoned
R-1.
Houses that are part of the Spyglass Hills/Heron Bay residential subdivision are located directly
adjacent to the project site to the north, and the residential neighborhood continues north up Twain
Avenue. To the east, down the hill from the project site and across Faraday Avenue, is an office park,
and to the south of the project, down the hill and across Faraday, is a golf course. Immediately south
and west of the project site is City owned property with General Plan land use designation and Zoning
of Open Space (OS) that includes Veteran's Park.
January 2016 -1-Initial Study August 20, 2019 Item #11 Page 43 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported
by the information sources a lead agency cites 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 {e.g., the project falls outside a fault rupture zone}. A "No
Impact" answer should be explained where it is based on project-specific factors as well as general
standards {e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific
screening analysis}.
2. All answers must take account ofthe whole action involved, including off-site as well as on-site, cumulative
as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist
answers must indicate whether the impact is potentially significant, less than significant with mitigation,
or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that
an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the
determination is made, an EIR is required.
4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less
Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how
they reduce the effect to a less than significant level {mitigation measures from "Earlier Analyses," as
described in {5} below, may be cross-referenced).
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect
has been adequately analyzed in an earlier EIR or negative declaration. Section 15063{c}{3}{D). In this
case, a brief discussion should identify the following:
a. Earlier Analysis Used. Identify 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 Measures
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.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for
potential impacts {e.g., general plans, zoning ordinances). Reference to a previously prepared or outside
document should, where appropriate, include a reference to the page or pages where the statement is
substantiated.
7. Supporting Information Sources: A source list should be attached, and other sou rces used or individuals
contacted should be cited in the discussion .
8. The explanation of each issue should identify:
a. The significance criteria or threshold, if any, used to evaluate each question; and
b. The mitigation measure identified, if any, to reduce the impact to less than significant.
January 2016 Initial Study August 20, 2019 Item #11 Page 46 of 160
' Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
ti ,:J ... u "' ..r: 2l "' a. ... "' a. E "§: 0 .§ > -;:; .... a. ... ....
I. AESTHETICS = C: C: C: .... C: C: u ~ -~ 1 -~ g "' "' "' -s ~ a. C: ij:: ....... -.§ QJ ·-~ -~.-~ U) ·2 ...... t;:
0 -~ "' bD 0 ~ vi 2 QJ ·-Would the project: c.."' ..J"' 2
a) Have a substantial adverse effect on a scenic vista? □ □ IZl □
b) Substantially damage scenic resources, including but not limited
to, trees, rock outcroppings, and historic buildings within a State □ □ □ IZI
scenic highway?
c) Substantially degrad e the existing visual character or quality of the □ □ IZl □ site and its surroundings?
d) Create a new source of substantial light and glare, which would □ □ IZl □ adversely affect' day or nighttime views in the area?
a, c, d) less than Significant Impact: The project site is located on top of low coastal hills adjacent to an
existing single family residential development. Development of the property will change its character
from undeveloped to housing, but the site is not part of a designated scenic area and it is adjacent to
existing development visible from surrounding areas. Therefore development of the property with
additional housing along with typical residential landscape improvements is considered less than
significant.
b) No Impact: There are no significant scenic resources on the project site.
... ,:J ti u "' QJ "' a. ..r: ... a. .... "' E "§: 0 .§ >-;:; ... a. ... ti II. AGRICULTURA.L AND FOREST RESOURCES* = C: C: C: .... C: C:
"' n, co ~ 8 n, n, "' ",.:i u ,s ~ a. C: t;: £ c.: .5 .§ QJ ·-U') ·c: ,._; VI •2 ... C:
0 -~ VJ b,Q ·-"' bD 0 ~ vi 2 QJ ·-Would the project: c.. "' ..J"' 2
a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps prepared □ □ □ IZl pursuantto·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 □ □ □ IZI Act contract?
c) Involve other changes in the existing environment, which, due to
their location or nature, could result in conversion of Farmland to □ □ □ IZl
non-agricultural use or conversion of forest land to non-forest use?
* /n determining whether impacts ta agricultural resources are significant env.ironmental effects, lead agen cies may refer ta 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. In determining whether impacts to forest resources
are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry
and Fire Protection regarding the state's inventory of forest land, including the Forest and Ran'ge Assessment Project and the
Forest Legacy Assessment Project; and fore_st carbon measurement methodology provided in Forest Protocols adopted by the
California Air Resources Board.}
a-c)No Impact: The project site is not designated as farmland and is not associated with agriculture.
January 2016 -5-Initial Study August 20, 2019 Item #11 Page 47 of 160
Ill,
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
... ""C .... u u n, ..c: .l!l n, a. ... n, a. E ·;: 5 .5
AIR QUALITY*
> -; ... a. .... ... = C C C ~ C C u n, n, (G ~ 8 n, n, n, ':,j:i u ..c: u a. Ct;:: -:S 5 .s I-ti= .§ OJ·-VI •c: +' C v, C .,_;
0 -~ tll bO •-"' 00 I)
Would the project: C."' ~ iii 2 OJ·-.... "' 2
a) Conflict with or obstruct implementation of the applicable air □ □ IZl □ quality plan?
b) Violate any air quality standard or contribute substantially to an □ □ IZl □ 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 □ □ IZl □ (including releasing emissions which exceed quantitative
thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant □ □ □ IZl concentrations?
e) Create objectionable odors affecting a substantial number of □ □ IZl □ people?
*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.
Local Air Quality: An area is designated in attainment when it is in compliance with the National Ambient
Air Quality Standards (NAAQS) (federal) and/or California Ambient Air Quality Standards (CAAQS) (state).
These standards are set by the Environmental Protection Agency or the California Air Resources Board for
the maximum level of a given air pollutant that can exist in the outdoor air without unacceptable effects
on human health or the public welfare. The criteria pollutants of primary concern that are considered in
an air quality assessment include ozone (03), nitrogen dioxide (NO2), carbon monoxide (CO), sulfur dioxide
(SO2), particulate matter (PM10, and PM 2.s ), lead and toxic air contaminants. Although there are no
ambient standards for voes or NOx, they are important as precursors to 0 3.
The San Diego Air Basin (SDAB) is designated as a marginal nonattainment area for the 2008 8-hour NAAQS
for Q3. The SDAB is designated in attainment for all other criteria pollutants under the NAAQS with the
exception of PM10, which was determined to be unclassified. The SDAB is currently designated
nonattainment for 03 and particulate matter, PM10 and PM2.s, under the CAAQS. It is designated as
attainment for CAAQS for CO, NO2, SO2, lead and sulfates.
a) Less than Significant Impact: The project site is located in the SDAB. The periodic violations of
-(NAAQS) in the SDAB, particularly for 03 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
by the San Diego County Air Pollution Control District (APCD) with regional growth projections
provided by San Diego Association of Governments (SAN DAG). The RAQS outlines the APCD's plans
and regulatory control measures designed to attain state air quality standards for ozone. The RAQS,
which was initially adopted in 1991, is updated on a triennial basis with the most recent update
occurring in April 2009.
January 2016 -6-Initial Study August 20, 2019 Item #11 Page 48 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
The APCD 1has also developed the SDAB's input into the State Implementation Plan (SIP) which is
required under the Federal Clean Air Act (CAA) for pollutants that are designated as being in
nonattainment of national air quality standards for the air basin. The SIP relies on the same
information from SANDAG to develop emission inventories and emission control strategies that are
included in the attainment plan for the air basin.
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-. The project is within the scope of development that was
anticipated in the SANDAG growth projections and Carlsbad's General Plan in 2009 used to develop
the RAQS and SIP. Operation of the project will result in emissions that were considered as a part of
the RAQS growth projections. As such, the proposed project is not anticipated to conflict with either
the RAQS or the SIP. Additionally, the operational emissions from the project are below the screening
levels, and subsequently will not violate ambient air quality standards.
b) Less than Significant Impact: The APCD operates a network of ambient air monitoring stations
throughout San Diego County. Due to its proximity to Carlsbad with similar geographic and climatic
characteristics, the Del Mar -Mira Costa College monitoring station concentrations of 8-hour and 1-
hour 03 are considered most representative of 03 in Carlsbad. The Escondido-East Valley Parkway
monitoring station is the nearest location where PM10, PM2.s, N02, and CO concentrations are
monitored. The El Cajon -Redwood Avenue monitoring station is the nearest location where 502
concentrations are monitored. Data available for these monitoring sites from 2010 through 2013
indicate that the most recent air quality violations recorded were as follows: the 1-Hour 0 3
concentration did not exceed the state standard any time during the years 2010 through 2013; the 8-
Hour 03 concentration exceeded the state standard in 2010, 2011, and 2012,_ and exceeded the
federal standard in 2012; the 24-Hour PM10 concentration exceeded the state standard in 2009; the
state annual PM10 standard was exceeded in 2013; and the federal standard for 24-Hour PM2.s
standard was exceeded in 2012 and 2013. Air quality within the region was in compliance with both
CAAQS and NAAQS for N02, CO, and S02 during this monitoring period. ·
Grading and Construction: The project involves development of the project site with single family
homes, which includes emissions associated with grading and construction. Emissions would be
minimized through standard construction measures, storm water pollution prevention plan
requirements, Best Management Practices (BMPs), and when applicable, the California Green Building
Standards Code that would reduce fugitive dust debris, emissions and other criteria pollutant
emissions during grading and construction. Therefore emissions from the construction phase would
be minimal, temporary and localized, resulting in pollutant emissions that are _not anticipated to
significantly contribute to an existing or projected air quality violation.
Operations: Vehicle trip emissions associated with travel to and from the project will result in a
cumulative total of 130 ADTs. Vehicle trip emissions associated with the project are minimal and not
anticipated to significantly contribute to an existing or projected air quality violation.
c) Less than Significant Impact: Air quality emissions associated with the project include emissions from
grading and construction. However, grading and construction operations associated with the project
would minimize emissions through standard construction measures, storm · water pollution
prevention plan measures and best management practices, and Green Building Code as noted in b).
Other proposed or future projects within the surrounding area were evaluated and none of the
projects emit significant amounts of pollutants or exceed AQMD or APCD standards. ·Operational
emissions associated with the project are anticipated to be consistent with the RAQS and SIP and do
not exceed APCD standards.
January 2016 -7-Initial Study August 20, 2019 Item #11 Page 49 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
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 P:Oject, 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: Sensitive receptors include schools, hospitals, playgrounds, child care centers, athletic
facilities, long-term health care facilities, rehabilitation centers, convalescent centers, retirement
homes or other facilities that house individuals with health conditions that would be adversely
impacted by changes in air quality. As noted above, the proposed project would not result in
substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors
located in the vicinity of the project. The project itself is not proposed in the vicinity of an existing
pollution source that would expose sensitive receptors within the project to pollutants. No impact is
assessed.
e) less than Significant Impact: The proposed project could generate objectionable odors from
construction, vehicles and/or equipment exhaust from volatile organic compounds, ammonia, carbon
dioxide, hydrogen sulfide, methane, alcohols, disulfides, dusts or other pollutants during the
construction or operation of the project. Such exposure would be in trace amounts, localized in the
immediate area, temporary and would generally occur at magnitudes that would not affect
substantial numbers of people. Therefore, impacts associated with odors during construction or
operation would be considered less than significant.
ti "O ... u "' .<: ~ "' a. ... (U a. .E 'j: 0 .E > ... ... a. ... t; IV. BIOLOGICAL RESOURCES = C: C: C: ... c:' C: "' "' ~ -~ § "' "' "' +:i u -s ~ a. C:;.;:: ...... -.E "'·-VI •c: .,_; V) ·c: ... C:
0 .!!!> 1,/) D.0 ·-"' bD 0
Would the project: Cl. "' ~ vi ~ ~ vi z
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, □ IZl □ □
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 □ □ □ IZl 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 □ □ □ IZl 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 □ □ □ IZl resident or migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
January 2016 -8-Initial Study August 20, 2019 Item #11 Page 50 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
.. "C .. u u "' .c l!l "' C. .. "' ·c.
E "j: 5 E
> -;; ... C. ... ...
IV. BIOLOGICAL RESOURCES = C: C: C: '-C: C: u "' "' m ~ 8 "' "' "' ~~ -E ~ C. £ .,.:: .E ~ Q) ·-V, ·2 ..,; V, ·c ... C:
0 -~ ,.,, b.D ·-"' OD 0
Would the project: ~iii~ Q) ·-0. Vl _, Vl z
e) Conflict with any local policies or ordinances protecting biological □ □ □ lg] resources, such as a tree preservation policy or ordinance?
' f) Conflict with the provisions of an adopted Habitat Conservation
Plan, Natural CommuniF,' Conservation Plan, or other approved □ □ □ IZl
local, regional, or state habitat conservation plan?
a) less than Significant with Mitigation Incorporated: Five vegetation _communities and land cover
types were identified within the nearly 21 acre project site. The types include approximately 14.7
acres of undisturbed Diegan coastal sage scrub; 0.5 acres of disturbed Diegan coastal sage scrub; 5.7
acres of Southern maritime chaparral; 0.8 acres of disturbed; and 0.1 acres of developed land.
Observed special status plant species included California adolphia, ashy spike-moss; gol.den-rayed
pentachaeta, Nuttall's scrub oak, and wart-stemmed ceanothus. 28 wildlife species, including some
urban-adapted species, were recorded onsite. Most species observed were birds. Two invertebrate
and two reptile species were observed. No mammals or amphibians were. observed. Observed special
status wildlife species included two pairs of California gnatcatcher and a northern harrier. No nests,
nesting beh_avior, or juveniles were observed in the study area .
Implementation of the proposed project will result in permanent direct impacts to 5.33 acres of native
and non-native vegetation communities and land covers, including 4.61 acres of Diegan coastal sage
scrub-coastal form, and 0.19 acre of disturbed Diegan coastal sage scrub-coastal form, 0.48 acres of
disturbed and 0.04 acres of developed land. Coastal sage scrub is a sensitive vegetation community
under the HMP (Carlsbad Habitat Management Plan (HMP) adopted by the City in November 2004.
Direct permanent impacts to Diegan coastal sage scrub and disturbed Diegan coastal sage scrub, will
be mitigated according to ratios established by the HMP. Implementation of the proposed project
will not result in the loss of any state or federally listed threatened or endangered plant species. The
two pairs of California gnatcatchers and northern harrier are highly mobile bird species and are
unlikely to be directly impacted by the project. However, avoidance measures will be implemented
to avoid impacts during the nesting seasons for these species.
b) No Impact:. There are no water dependent habitat resources onsite.
c) No Impact: There are no wetlands onsite.
d) No Impact: The project site is not part of a wildlife corridor.
e) No Impact: Other than the Citywide Habitat Management Plan and the General Plan Open Space
Element, the City has not adopted local policies regarding biological resources.
f) No Impact: The project is design consistent with the Standards Area criteria established in the Habitat
Management Plan.
January 2016 -9-Initial Study August 20, 2019 Item #11 Page 51 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
t: "C t: "' -5 t "' C. C. .s "§: 5 .E > ... ... E. ... ...
V. CUL TURAL/PALEONTOLOG ICAL RESOURCES = C: C: C: 0 -C: C: u -~ ~ "' "' u "' "' "' -s ~ .E £~ C. C: ij:: .. .s QJ ·-VJ ·c ..: VI •c ... C:
0 .!!!' ~ ~~ v, bO 0 QJ ·-Would the project: C. V) .... V) z
a) Cause a substantial adverse change in the significance of a □ 0 □ □ historical resource as defined in §15064.5?
b) Cause a substantial ~dverse change in the significance of an □ 0 □ □ archeological resource pursuant to §15064.5?
c) Directly or indirectly destroy a unique paleontological resource □ 0 □ □ or site or unique geologic feature?
' d) Disturb any hum an remains, including those interred outside of
formal cemeteries? □ 0 □ □
a-d) Less than Significant with Mitigation Incorporated: An onsite surface survey was conducted in
September 2000. The field survey re-located previously-recorded sites CA-SDl-8793 and CA-SDl-9097.
Cobble and cobble flakes, a possible metate fragment, shellfish, and possible pestle fragments were
identified. No surface artifacts considered significant were discovered.
Further discovery is necessary to determine the presence and extent of cultural, paleontological, and
Tribal Cultural Resources. Mitigation measures are proposed which are intended to identify the
presence and extent of onsite resources as well as provide direction as to how any discovered
resources will be evaluated for significance and treated.
... "C ... u u "' QJ "' C. .s:: ... C. .... "' .s -~ 5 .s > ... ... C. ... t: VI. GEOLOGY AND SOILS = C: ~ ~ 0 C: C: "' "' "' "' "' +i u £ ~ .E £ ¥ C. Ct.: .s QJ ·-VJ ·2 +.i Vt ·c: ... "' 0 .!!!' VI b,O •-"' bO 0 3 in 2 QJ ·-.z Would the project: C. V) _, V)
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 .D □ □ 0
substantial evidence of a known fault? Refer to Divi sion of
Mines and Geology Special Publication 42.
ii. Strong seismic ground shaking? □ □ □ 0
iii. Seismic-related ground failure, including liquefaction? □ □ □ 0
iv. Landslides? □ □ □ 0
b) Result in substantial soil erosion or the loss of topsoil? □ □ □ 0
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· □ □ □ 0 in on-or off-site landslide, lateral spreading, subsidence,
liquefaction, or collapse?
January 2016 -10-Initial Study August 20, 2019 Item #11 Page 52 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
u "C ... u "' .i::: l!l "' C. ... "' C. E ·;: 5 .s >:;:; ... C. ... ...
VI. GEOLOGY AND SOILS = C: C: C: .... C: C: u ~ ~ ~ .~ § "' "' "' ..c -~ C. C: i;:: ....... -....... _§ QJ ·-VI •c ..,: II) ·2 I ... C:
0 -~ Ul b.0 •-"' bD 0
Would the'project: ~ iii 2 QJ ·-z 0. VI ..J Ill
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 □ □ □ IZI
are not available for the disposal of wastewater?
a) No Impact: There are no significant known faults located anywhere within the City of Carlsbad.
b) No Impact: The majority of the project area will be left in a natural state which includes substantial
native growth. No significant son erosion presently exists onsite. The developed pads portion of the
project area will be treated with soil erosion measures including landscaping.
c) No Impact:· The project area soils are not unstable or have the potential for landslide, liquefaction, or
collapse .
. 'd) Less than Significant Impact: The site formational materials are generally competent, however,
portions of the Santiago Formation were found to possess a "medium1' ~xpansive material. The
proposed grading and compaction methods will be adequate to address the soils conditions.
e) No Impact: The project will include connection to a public sewer system .
... "C ... u u "' .i::: l!l "' C. ... "' C. E ·;: 5 .s >:;:; ... C. ... u VII. GREENHOUSE GAS EMISSIONS = C: C: C: .... C: C: "' "' co ~ 8 "' "' "' :p u -s ~ C. C: i;:: -:5 r.:: .5 _§ QJ ·-VI •c +,i ti) ·c ... C: ~~ V, b.0 ·-"' bD 0
Would the project: ~ iii 2 QJ ·-z ..J Ill
a) Generate greenhouse gas emissions, either directly or indirectly, □ □ lZl □ that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy or regulation adopted for □ □ □ IZI the purposes of reducing the emissions of greenhouse gases?
a) Less than Significant Impact: The City of Carlsbad Climate Action Plan ("CAP"; 2015) was adopted in
2015. Per the' CAP, the City has determined that new development projects emitting less than 900
MTC02e annual GHG would not contribute considerably to cumulative climate change impacts, and
therefore do not need to demonstrate consistency with the CAP (CAP at 5-16). Within Section 5.3 of
the CAP is a guide for determining levels of Greenhouse Gas Emissions for review under CEQA. Table
5-2: Project Review Thresholds indicates that the threshold for analysis of a project consisting of
single-family housing is for those projects that propose over 50 dwelling units. The project consists
of 13 dwelling units, well below the screening threshold and is not required to be analyzed.
Janua ry 2016 -11-Initial Study August 20, 2019 Item #11 Page 53 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
b) No Impact: Because the project is below the stated threshold of 50 single family homes, a CAP
consistency analysis is not required. The project can therefore not conflict with the applicable plan
adopted for the purposes of reducing the emissions of greenhouse gases.
.... "C .... u u "' a, "' a. .r= .... a. .... "' .§ ·;: 0 .§ > .... .... a. .... ...
VIII. HAZARDS AND HAZARDOUS MATERIALS = C ~ ~ 0 C C u -~ ~ "' "' "' -5 ~ .5 -5~ a. er.-= .§ a,·-V, ·c ..., C V'I C .;
0 .~ V'I QQ ·-"' no 0 ~ iii 2 a,·-2 Would the project: Q. Ill --' Ill
a) Create a significant hazard to the public or the environment
through the routine transport, u~e, or disp osal of hazardous □ □ □ IZI
materials?
b) Create a significant hazard to the public or environment through
reasonably foreseeable upset and accident conditions involving □ □ □ IZI
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 □ □ □· IZI
of an existing or proposed school?
d) Be located on a site which is included on a list of haza·rdous
materials sites compiled pursuant to Government Code Section □ □ □ IZI 65962.5 and, as a result, would it create a significant hazard to the
public or environment?
e) For a project within-a_ri airport land use plan, or where such a plan
has not been adopted, within two miles of a public airport or □ □ IZl □ public use airport; would the project result in a safety hazard for
people residing or working in the project area?
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 □ □ □ IZI
the project area? ,'
g) Impair implementation of or physically interfere with an adopted □ □ □ IZl emergency response plan or emergency evacuation plan?
h) Expose p·eople or structures to a significant risk of loss, injury or
death involving wildland fires, including where wildlands are □ IZI □ □ adjacent to urbanized areas or where residences are intermixed
with wildlands? \
a) No Impact: The project will not involve hazardous materials.
b) No Impact: The project will not ir,,volve hazardous materials.
c) No Impact: The project will not involve hazardous materials.
d) No Impact: The project site is not listed pursuant to Government Code Section 65962.5.
e) Less than Significant Impact: The site is within safety zone 6 which has the least potential for hazard
of the six safety zones.
Janua·rv 2016 -12-Initial Study August 20, 2019 Item #11 Page 54 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
f) No Impact: The project is not within the vicinity of a private air strip.
g) No Impact: No plan involving this site has been adopted or implemented.
h) less th_an Significant with Mitigation Incorporated: The project site is located at the upper elevations
of natural hillsides and is surrounded by natural vegetation. Fire risk is reduced through active
maintenance and management of a three tiers Fire Suppression Zones limiting structure development
and installation of landscape susceptible to fire.
... 'O ... u u "' ~ .l!! "' C. .... "' C. E -~ C) .§ > :: ... C. ... ...
IX. HYDROLOGY.ANO WATER QUALITY = C: C: C: ... C: C: u "' "' ra ~ 8 "' "' "' ",i:i u £¢ C. C: c;::_ £ c.: .E .E Cl/·-"'·c...,; "'·c ... C: 0 .!!!' 111 Cl.I)·-"' bO 0 2l vi :a: Cl/·-Would the project: c,. <fl _, <fl z
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 gra nted)?
c) Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river, □ ID □ ~ 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 stormwater drainage syste ms or □ □ □ ~
provide su bstantial additional sources of polluted runoff?
f) Otherwise substantially degrade water quality? □ □ □ ~
g) Place housing within a 100-yea r flood hazard area as mapped on a
Federal Flood Hazard Boundary or Flood Insura nce Rate Map or □ □ □ ~
other flood delineation map?
h) Place within 100-year flood ha zard 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 resu lt of the □ □ D ~
failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow? □ □ □ ~
January 2016 -13-Initial Study August 20, 2019 Item #11 Page 55 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
a) No Impact: The project is designed to satisfy the Regional Water Quality Control Board (RWQCB)
standards regarding urban pollutants. The site's storm water treatment has been designed to comply
with the RWQCB 2013 Municipal Separate Storm Sewer (MS4) permit.
b) No Impact: The project does not include direct access to any groundwater supplies.
c) No Impact: Drainage pattern have been established onsite by the natural topography. Development
of the site will affect the natural drainage patterns which will be modified to retain urban and storm
water onsite thereby reducing or maintaining offsite flows to existing levels. No erosion or siltation
is anticipated.
d) No Impact: Drainage pattern have been established onsite by the natural topography. Development
of the site will affect the natural drainage patterns which will be modified to retain urban and storm
water onsite thereby reducing or maintaining offsite flows to existing levels. No flooding is
anticipated.
e) No Impact: Drainage pattern have been established onsite by the natural topography. Development
of the site will affect the natural drainage patterns which will be modified to retain urban and storm
water onsite thereby reducing or maintaining offsite flows to existing levels. Existing or planned
stormwater drainage systems will not be adversely impacted.
f) No Impact: The project is designed to satisfy the Regional Water Quality Control Board (RWQCB)
standards regarding urban pollutants. The site's storm water treatment has been designed to comply
with the RWQCB 2013 Municipal Separate Storm Sewer (MS4) permit.
g) No Impact: The project site is not within a 100-year flood hazard area.
h) No Impact: The project site is not within a 100-year flood hazard area.
' ' i) No Impact: The project site is not within a flood hazard area.
j) No Impact: The project site is situated 300 feet above mean sea level and is therefore outside of any
significant risk of seiche or tsunami. The project site's hilltop location reduces any significant risk of
being impacted by mudflow.
.... -0 ., u u "' .i= ~ "' Q. .... "' Q. E ·;: 5 .E >, -;:
C: 1: ~ .... tl x. LAND USE AND PLANNING = C: C: C: "' "' "' "' u "' "' "' '_.j u -:5 ~ .!: -s ~ Q.
C: ti= .§ a, ·-V, ·c +J "' ·c .... C:
0 .!!!' ~ ~~ "' tlO 0 a, ·-Would the project: ll. Ill -' Ill z
a) Physically divide an established community? □ □ □ IX]
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 □ □ IX] □
zoning ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
January 2016 -14-Initial Study August 20, 2019 Item #11 Page 56 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
~ -0 .,
a, u "' "' Q. .I: ., C. .. "' .5 ·;: ci .5 > .. .. C. .. .,
XII. NOISE = C: C: C: ... C: C: u ·E ~ ~ -~ § "' "' "' £~ C. C: i;:: ...... -.5 a,·-V, ·c ,...; V) ·c .. C: ~~ v, bD ·-"' "" 0
Would the project result in: .?J vi ~ a,·-z _, V,
b) Exposure of persons to or generation of excessive groundbourne □ □ □ ~ vibration or groundbourne n·oise 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?
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 re siding or working in. the project area to □ □ □ ~
excessive noise levels?
a) No Impact: The project is the creation of a 13 residential lot subdivision for the future development
of single family homes. Noises generated from the future occupied single family residential homes
will be consistent with other single family residential neighborhoods which will not exceed the noise
stf'lndards established in the General Plan.
b) No Impact: Typical occupancy of the future single family residential homes will not result in
groundbourne vibration or noise levels.
c) Less than Significant Impact: The project site area is currently undeveloped. No noise is currently
generated. Development of the property with single family residential homes will result in noise
generation typical to a single family residential neighborhood and is therefore not considered
significant.
d) Less than Significant with Mitigation Incorporated: Development of the project area will require the
use of heavy machinery and will result in temporary significant noise levels. However, measures will
be implemented which restrict the hours of machinery operation during the day and other
maintenance measures to limit the temporary noise levels to the greatest extent feasible.
e) No Impact: The project is within the Comprehensive Land Use Plan area for the McClellan-Palomar
Airport. The project site is beyond the 65 decibel noise contour and is therefore not considered to be
impacted by noise from the airport.
f) No Impact: The project is not within the vicinity of a private airstrip.
January 2015 -16-Initial Study August 20, 2019 Item #11 Page 58 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
u "tl .... u rtl QI rtl C. .c .... C. .... rtl E 'j: 0 .§ >:;: .... C. .... ....
XIII. POPULATION AND HOUSING = C: C: C: ... C: C: u
-~ r3 n:i ~ 8 "' "' "' £r.::£: £~ C. C: t;:: .§ QI·-11'1 ."i:..; V) ·c .... C: 0 .!!!' ~~~ "' bl) 0
Would the project: 0.. "' ~ iii z
a) Induce substantial growth in an area either directly (for example,
by proposing new homes and businesses) or indirectly (for □ □ Jg] □
example, through extension of roads or other infrastructure)?
b} Displace substantial numbers of existing housing, necessitating the □ □ □ Jg] construction of replacement housing els ewhere?
c) Disp lace substantial numbers of people, necessitating the □ □ □ Jg] construction of replacement housing elsewhere?
a) less than Significant Impact: A five residential lot subdivision was approved for the project site in
2004. The constraints analysis and land use designations at that time indicated that the property had
the potential of developing as a 13 single family residential subdivision. Although a five residential lot
subdivision is approved for the property, the applicant has proposed a 13 residential lot subdivision.
b) No Impact: No existing housing will be displaced.
c) No Impact: No people will be displaced.
.... "tl u u rtl QI rtl C. .c .... C. .... "' • .§ '§ 0 .§
> .... .... C. .... ....
XIV. PUBLIC SERVICES = C , C: C: ... C: C: u ~ ~ nJ ~ 8 rtl "' "' -s ¢. C. C: t;:: -s G: .!: .§ QI ·-.,., ·c .: V, ·c .... C: ~~ VJ b.D ·-"' bl) 0
Would the project: ~;;; ~ ~ vi z
a) Result in substantial adverse physical impacts associated with the
provision of new or physically altered governl')1ent facilities, a
need for new or physically altered government facilities, the
construction of which could cau se significant environmental
impacts, in order to maintain acceptable service ratios, response
times, or other performance objectives for any of the public
services:
i. Fire prote~tion? □ □ Jg] □
ii. Police protection? □ □ Jg] □
iii. Schools? □ □ Jg] □
iv. Parks? □ □ Jg] □
V. Other public facilities? □ □ Jg] □
a) less than Significant Impact: Pursuant to the Local Facilities Management Plan for Zone 8, Public
services in the northwest quadrant of the city are sufficient enough to absorb the addition of the
proposed 13 lot subdivision.
January 2016 -17-Initial Study August 20, 2019 Item #11 Page 59 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
tl "C tl "' a, "' a. .c ... a. .... "' .§ -~ 0 .§
XV. RECREATION > .... .... a. .... .... = C: ~ ~ 0 C: C: u ·! G "' "' "' ..c: -~ ~ ..c: .!::! a. C: <.: +-' ~ -....... .§ a,·-V) ·2 .... C: ~ ~ .t! 0 -~ v, OD 0 2l vi ::!!: a,·-C. Ill _, Ill z
a) Would the project increase the use of existing neighborhood and
regional parks or other recreational facilities such that substantial □ □ □ 0 physical deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational faci_lities or require the
construction or expansion of recreational faci lities, which might □ □ □ 0
have an adverse physical effect on the environment?
a) No Impact: The incremental demand on neighborhood and/or regional parks of a 13 residential .lot
subdivision will not be at a level that would result in significant deterioration of the facility.
b) No Impact: Common recreation is not required or proposed for the project.·
tl "C .... u "' a, "' a. .c .... a. ... "' E -~ 0 .§ > ~ .... a. .... tl XVI.TRANSPORTATION/TRAFFIC = C: C: C: ... C: C: "' "' m ~ 8 "' "' "' ·,.::; u .c .!::! a. C: <.: ,s c.: .5 ........ .§ a,·-V) ·c: ... Ill •c .... C:
0 -~ ~ ~~ "' OD 0 a,·-Would the project: C. Ill _, Ill z
a) Conflict with an applicable plan, ordinance or policy establishing
measures of effectiveness for the performance of the circulation
system, taking into account all modes of transportation including
mass transit and non-motorized travel and relevant components □ □ 0 □
of the circulation system, including but not limited to
intersections, streets, highways and freeways, pedestrian and
bicycle paths, and mass transit?
b) Conflict with an applicable congestion management program,
including, but not limited to level of service standards and travel
demand measures, or other standards established by the county □ □ □ 0
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 □ □ □ 0
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 □ □ □ 0
equipment)?
e) Result in inadequate emergency access? □ □ □ 0
f) Conflict with adopted policies, plans, or programs regarding public
transit, bicycle, or pedestrian facilities, or otherwise decrease the □ □ □ 0
performance or safety of such facilities?
January 2016 -18-Initial Study August 20, 2019 Item #11 Page 60 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
a) Less than Significant Impact. The project will generate 130 Average Daily Trips (ADT) which is an
increase of 80 over the ADT assumed for the currently approved 5 residential lot subdivision. This
traffic will utilize Hemingway Drive, Whitman Way, Tolkien Way, Twain Avenue to access either
Faraday Avenue or Cannon Road. An estimate for existing traffic on this (these) local streets are
approximately 380-760 ADT. The design capacities of the local roads affected by the proposed project
are a range of between 1,200-10,000 vehicles per day. The project traffic of 130 ADTwould represent
15% of the future project plus existing traffic volume and is within a range of 11% -1.3% respectively
of the design capacity of 1,200 -10,000 ADT. 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. 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) No Impact. In 2009 the congestion management agency (SANDAG) employed an "opt out" option
defined in Assembly Bill (AB) 2419. The congestion management program is no longer relevant to
development in the City of Carlsbad.
c) No Impact. The proposed project does not include any aviation components. 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 is consistent with the City's
general plan and zoning. 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 Departm'ents. No impact assessed .
f) No Impact. The project site is located in area that is not conducive to public transportati_on. The
nearest public transportation is located along the Faraday Avenue and Cannon Road corridors. The
project site is adjacent to a link of the City's recreational trail system.
t: "C t: "' a, "' Cl. J: ~ Cl. .§ -~ ~ .§
> .... .... Cl. .... ....
XVII. UTILITIES AND SERVICE SYSTEMS = C ~ fii 0 C C u ~ ~ "' "' "' ~ ~ .5 -s ~ Cl. C,;:: .§ ., ·-VI •2 .,_; VI "i: +' C
0 -~ II> tlll ·-"' .. 0
Wou;fd the project: 0. V) ~ 1ii 2 ~ vi z
a) Exceed wastewater treatment requirements of the applicable □ □ □ jg] 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 □ □ □ jg] con struction 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 □ □ □ jg]
which could cause significant environmental ·effects?
d) Have sufficient water supplies available to serve the project from
existing entitlements and resources, or are new or expanded □ □ □ jg]
entitlements needed?
January 2016 -19-Initial Study August 20, 2019 Item #11 Page 61 of 160
XVII.
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
tj -c ...
QI u ra ra C. ..c ... C. .., ra .5 ·;: 0 .5 > ... ... C. ... ...
UTILITIES AND SERVICE SYSTEMS = C: C C: .i.... C: C: u ~ ~ ra ~ 8 ra ra ra £ ,¥ C. C: I;: -5 ~ .5 .5 QI --VI •c ~ Ill •c ... C:
0 -~ Ill b.0 •-"' b.O 0
Would the proj.ect: C. Ill ~ iii 2 QI·-_, Ill z
e) Result in a determination by the wastewater treatment provider,
which serves or may serve the project that it has adequate □ □ □ IZ)'
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-
accol')lmodate the project's solid waste disposa l needs? □ □ □ [Z]
g) Comply with federal, state, and local statutes and regulatio·ns .□ □ □ IZI related to solid waste?
a-g)No"fmpact: The utilities and service infrastructure is sufficient to accommodate the addition of 13
single family residential homes. No new facilities will be necessary to provide additional capacity.
tj -c tj ra QI ra C. ..c ... C. .., ra E "§ 0 .5 >= ... C. ... ...
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE = C: C: C: ... C: C u ra ra ~ -~ § ra ra ra :.:; u ,s ~ C. C: I;: ...... -.5 QI·-Ill •2 ,._J V) ·c .., C
0 -~ ~~~ "' b.O 0 QI ·-Would the project: C. Ill _, Ill z
a) Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fi sh or wildlife
species, cause a fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or animal □ □ IZI □
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 consid erable? ("Cumulatively considerable" means
that the incremental effects of a project are considerable when □ [Z] □ □ vi ewed in connection with the effects of past projects, the effects
of other current projects, and the effects of probable future
projects?)
c) Does the project have environmental effects, which will cause the
substantial adverse effects on human beings, ·either directly or □ □ □ IZI
indirectly?
a) l ess than Significant: Development of the project will have some impact to native habitat onsite.
The extent of impact, even cumulatively for the region, does not threaten elimination of any plant or
animal community.
b) Less than Significant with Mitigation Incorporated: The impact can be mitigated to a level of less
than significant. In addition to the mitigation for the direct impacts, approximately 75% of the entire
project property wil l be left in a natural state and undisturbed. Development of the site as proposed
will not have a significant adverse cumulative impact on the region.
c) No Impact: The project proposes to development 13 single family residential lots adjacent to a single
family residentia l neighborhood of similar characteristics in home and lot size as well as density. As
such no adverse effects on human beings are anticipated.
January 2016 -20-Initial Study August 20, 2019 Item #11 Page 62 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
XIX. LIST OF MITIGATION MEASURES (if applicable)
BIOLOGY
1. In order to satisfy the Coastal Zone no-net-loss criteria of the Carlsbad Habitat Management Plan, a
minimum of 4.8-acres of Diegan coastal sage scrub habitat shall be created or substantially restored
and protected from future development.
2. A minimum 67% of the total Diegan coastal sage scrub onsite (10.18 acres) shall be conserved within
the project open space lot.
3. 75% of the project gross land area shall be preserved and protected by an open space easement.
4. No plant species listed as problematic and/or invasive by the California Invasive Plant Council (formerly the
California Exotic Pest Plant Council) or State of California shall be employed or allowed to naturalize or
persist on the site. No plant species listed as a "noxious weed" by the State of California or federal
government shall be used in the property.
5. The footprint of disturbance to Nuttall's scrub oak shall be minimized to the maximum extent feasible
and shall be specified in the construction plans. Construction limits will be delineated with orange
fencing, which will be maintained until the completion of all construction activities. All employees
shall be instructed that their activities, vehicles~ equipment, and construction materials are restricted
to the proposed project footprint, designated staging areas, and routes of travel.
6. A water pollution and erosion control plan that describes sediment and hazardous materials control,
dewa'tering or diversion structures, fueling and equipment management practices, and other factors
deemed necessary by reviewing agencies shall be developed . Erosion control measures shall be
monitored on a regularly scheduled basis, particularly during times of heavy ra infall. Corrective
measures will be implemented in the event erosion control strategies are inadequate.
Sediment/erosion control measures will. be continued at the project site until such time as the
revegetation efforts are successful at soil stabilization.
7. No invasive, exotic plant species as per the California Invasive Plant Council (Cal-I pc) shall be used in
any landscaping areas within the project site. Runoff from the landscaped areas within the project
site shall not be allowed to enter the preserve areas without being treated and or detained by
appropriate storm water pollution control treatment facilities. Genetic contamination shall be
avoided by keeping areas landscaped with approved plants. No plants that may run the risk of cross
breeding with nearby native plants shall be used. These requirements shall be reflected on the Final
Landscape Plans and project CC&R's.
8. No exposed wood shall be allowe_d throughout the project, including gates, fences, decks, etc.
Residences shall be constructed with a Class-A type roof, with no vents installed along the westerly
side. Residences shall include interior fire sprinklers installed to the satisfaction of the Carlsbad Fire
Department. Parking areas and driveways shall be sited and designed to allow for adequate fire
department access. No fire buffer impacts or vegetation thinning shall occur within the preserved
open space (conservation easement) areas. These requirements shall . be reflected on the Final
Landscape Plans, Building plans and project CC&R's.
January 2016 -21-Initial Study August 20, 2019 Item #11 Page 63 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
9. To prevent the loss of vegetative cover and address slope stabilization, the project developer shall
prohibit bare surface grading for fire control on slopes. The project developer shall also ensure that
all areas of habitat creation are planted with appropriate landscaping and adequately stabilized (e.g.
with a soil binder) after planting to minimize surface erosion. Finally, the project developer shall
ensure that surface drainage directed to the preserve areas maintains the existing storm water runoff
rate, runoff volume, discharge pattern and is treated and/or detained by appropriate storm water
pollution control treatment facilities. These requirements shall be reflected on both the final grading
and landscape plans.
10. Temporary habitat protection fencing shall be installed to protect the habitat during grading and
construction activities. A City-approved biologist shall establish the limits of the sensitive habitat in
the field prior to grading, and the biologist shall verify in writing that the habitat protection fence has
be en appropriately placed and is adequately functioning during site grading. Once grading and
constru~tion is completed, the temporary fence shall be removed and a permanent fence to prevent
access to conserved areas by domesticated animals (specifically cats), shall be installed in an approved
location. The project fencing shall restrict direct human access to the HMP Preserve Area, yet st ill
allow for sensitive species to migrate within the entire HMP Preserve system. The project shall install
signs to educate the public about the goals of the HMP Preserve and that prohibit public access to it.
Signs shall be limited enough to prevent disturbance to sensitive species. These requirements shall
be reflected on the Final Grading, Landscape and Building Plans.
11. Project lighting in the back ya rds adjacent to the HMP Preserve areas 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. This requirement shall be reflected on the Final Landscape Plans, Building plans
and project CC&R's.
· 12_. The project developer shall educate homeowners regarding responsible pet ownership (e.g., keeping
pets indoors, spaying/neutering pets, and not rele.asing pets into the wild). The project developer
shall fence areas between housing and the adjacent HMP Preserve to keep pets out of the Preserve
Area. For exotic species control, the project shall not use any non-native, invasive plant species in
landscaping adjacent to the HMP Preserve. This requirement shall be reflected in the project CC&R's
13. 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 City Planner in relation to the open space
lot(s) which are being conserved for natural habitat in conformance with the City's Habitat
Management Plan :
January 2016
a. Select a conservation entity, subject to approval by the City, that possesses qualifications to
manage the open space lot(s) for conservation purposes. , /
b. Prepare a Firoperty 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 t he · results of the PAR, provide a non-wasting endowment or other financial
mechanism acceptable to the City Planner 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 or Restrictive Covenant over the open space lot(s).
-22-lnitial·-Study August 20, 2019 Item #11 Page 64 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15~03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
e. Prepare a Preserve Management Plan which will ensure adequate management of the ope_n
space lot(s) in perpetuity.
14. Prior to the issuance of a Notice to Proceed for a subdivision, or any construction permits, such as
demolition, grad,ing, or building, or beginning any construction-related activity, the City shall verify
that the following project requirements regarding nesting and migratory birds, including raptors, are
shown on the const~uction plans.
a. To avoid any direct impacts to nesting or migratory birds, including raptors, removal of habitat
that has potential to support active nests should occur outside of the breeding season for
these species (February 15 to September 15). If removal of habitat must occur during the
breeding season, a qualified biologist shall conduct a pre-construction survey to determine
the presence or absence of nesting birds within the proposed area within three calendar days
prior to the start of construction activities, including the removal of vegetation.
b. If nests of migratory birds or raptors are located, they shall be fenced with a protective buffer
of at least 500 feet from active nests of listed species, and 300 feet from other sensitive bird
species. All construction activity shall be prohibited within the protective buffer.
15. Prior to the issuance of a Notice to Proceed for a subdivision, or.any construction permits, such as
demolition, grading, or building, or beginning any construction-related activity, the City shall verify
at the following proj_ect requirements regarding coastal California gnatcatcher a_re shown on the
nstruction plans .
No clearing, grubbing, grading, or other construction activities shall occur between March 15 and
August 15, the breeding season of coastal California gnatcatcher, unless the following
requirements have been met.
January 2015
a. A biologist possessing a valid Endangered Species Act Section 10(a)(l)(A) Recovery Permit
shall conduct coastal California gnatcatcher surveys within 500 feet of potential breeding
habitat in the HMP Preserve that would be subject to construction noise levels exceeding 60
decibels [dB(A)] hourly average. Surveys shall be conducted in accordance with the protocol
survey guidelines established by the USFWS (1997). A total of three surveys shall be
conducted no less than one week apart, with the last of these surveys occurring no more than
three days prior to construction. If coastal California gnatcatchers are present, then the
following conditions must be met.
i. An analysis showing that noise generated by construction activities would not exceed 60
dB(A) hourly average within 500 feet of occupied habitat shall be completed by a qualified
acoustician and approved by the City Manager or designated appointee. Prior to the
commencement of construction activities between March 15 and August 15, areas
restricted from such activities shall be fenced with a protective buffer under the
supervision of a qualified biologist; or
-23-Initial Study August 20, 2019 Item #11 Page 65 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
ii. Between March 15 and August 15, no construction activities shall occur within any portion
of the site where construction activities would result in noise level$ exceeding 60 dB(A)
hourly average within 500 feet of occupied coastal California gnatcatcher habitat.
Construction noise shall be monitored to maintain a threshold at or below 60 dB(A) hourly
average sound level within 500 feet of occupied coastal California gnatcatcher breeding
habitat. If noise levels supersede the threshold, the construction array shall be changed
or noise attenuation measures shall be implemented to ensure that noise levels do not
exceed the threshold.
CULTURAL RESOURCES
16. Prior to the commencement of any ground disturbing activities, the project developer shall enter into
a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal
Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luisef\o tribe. This
agreement will contain provisions to address the proper treatment of any tribal cuitural resources
and/or Luis e no Native American human remains inadvertently discovered during the course of the
project. The agreement will outline the roles and powers of the Luisefio Native American monitors
and the archaeologist.
17. A Luisefio Native American monitor shal l be present during all ground disturbing activities. Ground
disturbing activities may include, but are not be limited to, archaeological studies, geotechnical
investigations, clearing, grubbing, trenching, excavation, preparation for utilities and other
infrastructure, and grading activities.
18. Any and all uncovered artifacts of Luisefio Native American cultural importance shall be returned to
the San Luis Rey Band of Mission lndians,·and/or the Most Likely. Descendant, if applicable, and not
be curated.
19. The Luiseno Native American monitor shall be present at the project's preconstruction meeting to
consult with grading and excavation .contractors concerning excavation schedules and safety issues,
as well as consult with the principal archaeologist concerning the proposed archaeologist techniques
and/or strategies for the project.
20. Luisefio Native American monitors and archaeological monitors shall have joint authority to
temporarily divert and/or halt construction activities. If tribal cultural resources are discovered during
construction, all earth moving activity within and around the immediate discovery area must be
diverted until the Luisef\o Native American monitor and the archaeologist can assess the nature and
significance ofthe find .
21. If a significant tribal cultural resource(s) and/or unique archaeological resource(s) are discovered
during ground disturbing activities for this project, the San Luis Rey Band of Mission Indians shall be
notified and consu lted regarding the respectful and dignified treatment of those resources . Pursuant
to California Public .Resources Code Section 21083.2{b) avoidance is the preferred method of
preservation for archaeological and tribal cultural resources. If however, the Applicant is able to
demonstrate that avoidance of a significant and/or unique cultural resource is infeasible and a data
recovery plan is authorized by the City of Carlsbad as the lead agency, the San Luis Rey Band of
Mission Indians shall be consulted regarding the drafting and finalization of any such recovery plan.
January 2016 -24-Initial Study August 20, 2019 Item #11 Page 66 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
22. When tribal cultural resources are discovered during the project, if the archaeologist collects such
resources, a Luiseno Native American monitor must be present during any testing or cataloging of
those resources. If the archaeologist does not collect the tribal cultural resources that are unearthed
during the ground disturbing activities, the Luiseno Native American monitor, may in their discretion,
collect said resources and provide them to the San Luis Rey Band of Mission Indians for dignified and
respectful treatment in accordance with the their cultural and spiritual traditions;
23. If suspected Native American human remai_!ls are encountered, California Health and Safety Code
Section 7050.5 states that no further disturbance shall occur until the San Diego County Coroner has
made the necessary findings as to origin.· Further, pursuant to California Public Resources Code
Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to
the treatment and disposition has been made. Suspected Native American remains shall be examined
in the field and kept in a secure location at the site. A Luiseno Native American monitor shall be
present during the examination of the remains. If the San Diego County Coroner determines the
remains to be Native American, the Native American Heritage Commission (NAHC) must be contacted
within 24 hours. The NAHC must then immediately notify the "Most Likely Descendant" of receiving
notification of the discovery. The Most Likely Descendant shall then make recommendations within
48 hours, and engage in consultation concerning treatment of remains as provided in Public Resources
Code 5097.98.
24. In the event that fill material is imported into the project area, the fill shall be clean of tribal cultural
resources and documented as such. lffill material is to be utilized and/or exported from areas within
the project site, then that fill material shall be analyzed and confirmed by an archeologist and Luiseno
Native American monitor that such fill material does not contain tribal cultural resources.
25. No testing, invasive or non-invasive, shall be permitted on any recovered tribal cultural resources
without the written permission of the San Luis Rey Band of Mission Indians.
26. Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate,
which describes the results, ana,lysis and conclusions of the monitoring program shall be submitted
by the archaeologist, along with the Luiseno Native American monitor's notes ·and comments, to the
City of Carlsbad for approval. Said report shall be subject to confidentiality as an exception to the
Public Records Act and will not be available for public distribution.
PALEONTOLOGY
27. Prior to any grading on any portion of the project site, a qualified pa leontologist shall be retained by
the City to prepare a Monitoring Plan. A qualified paleontologist is an individual with an MS or PhD
in paleontology or geology who is familiar with paleontological procedures and techniques. No
Grading Permits shall be issued until the monitoring plan has been approved by the City Planner.
28. A qualified paleontological monitor shall be present at a pre-grading conference with the developer,
grading contractor, and the environmental review coordinator. The purpose of this meeting will be
to consult and coordinate the role of the paleontologist in the grading of the site. A qualified
paleontologist is an individual with adequate knowledge and experience with fossilized remains likely
to be present to identify them in the field and is adequately experienced to remove the resources for
further study.
January 2016 -25-Initial Study August 20, 2019 Item #11 Page 67 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
29. A paleontologist or designate shall be present during those relative phases of grading as determined
at the pre-grading conference. The monitor shall have the authority to temporarily direct, divert, or
halt grading to ·allow recovery of fossil remains. At the discretion of the monitor, recovery may include
washing and picking of soil samples for micro-vertebrate bone and teeth. The developer shall
authorize the deposit of any resources found on the project site in an institution staffed by qualified
paleontologists as may be determined by the City Planner. =rhe contractor shall be aware of the
random nature of fossil occurrences and the possibility of a discovery of such scientific and/or
educational importance which might warrant a long-term salvage operation or preservation. Any
conflicts regarding the rol_e of the paleontologist and/or recovery times shall be resolved by the City
Planner.
30. If 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 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. Because of the potential
for the recovery of small fossil remains, such as isolated mammal teeth, it may be necessary in certain
instances, to set up a screen-washing operation on the site.
31. Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be
cleaned repaired, sorted, and cataloged.
32. Prepa_red fossils, along with copies of all pertinent field notes, photos, and maps, shall either be
deposited (as a donation) in a scientific institution with permanent paleontological collections such as
the San Diego Natural History Museum or retained by the City and displayed to the public at an
appropriate location such as a library or City Hall.
33. Prior to occupancy of any buildings, a· paleontological monitoring report shall be submitted to the City
Planner and the Carlsbad Historic Preservation Commission. This report shall describe all the
materials recovered and provide a tabulation of the number of hours spent by paleontological
monitors on the site.
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,"
desc ribe the mitigation measu res, which were incorporated or refined from the earlier document
and the extent to which they address site-specific conditions fo r the project.
January 2016 -26-Initial Study August 20, 2019 Item #11 Page 68 of 160
Project Name: OCEAN VIEW POINT
Project No,: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
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 Division located at 1635 Faraday Avenue, Carlsbad, California, 92008.
1. Final Environmental Impact Report for the City of Carlsbad General Plan (EIR 13-02), City of Carlsbad
Planning Division, September 2015.
2. Carlsbad General Plan, City of Carlsbad Planning Division, dated September 2015.
3. City of Carlsbad Municipal Code (CMC}, Title 21 Zoning, City of Carlsbad Planning Division, as updated.
4. Habitat Management Plan for Natural Communities in the City of Carlsbad {HMP}, City of Carlsbad
Planning Division, dated November 2004.
5. San Diego Regional Airport Authority/San Diego County Airport Land Use Commission. Mc(;lellan-
Palomar Airport Land Use Compatibility Plan {ALUCP}. Amended December 1, 2011.
6. Recirculated Mitigated Negative Declaration for Kirgis Tentative Map, City of Carlsbad Planning
Department, dated January 19, 2003. Environmental Impact Assessment Form -Part II for Kirgis
-Tentative Map, City of Carlsbad Planning Department, dated January 15, 2003.
7. Carlsbad Climate Action Plan, prepared by Dyett & Bhattia, September 2015.
8. Biology Resources Letter Report and Impacts Analysis, Hynek Property, City of Carlsbad, San Diego
County, California, Dudek, September 4, 2015.
9. Ocean View Point-Traffic Analysis, Urban Systems Associates, Inc., June 19, 2015.
10. Noise Study for Ocean View Point Carlsbad Tentative Map Residential Development, Ldn Consulting,
Inc., June 23, 2015.
11. Updated Geotechnical Investigation Report, Christian Wheeler Engineering, October 10, 2013.
January 2016 -27-Initial Study August 20, 2019 Item #11 Page 69 of 160
PLANNING COMMISSION RESOLUTION NO. 7338
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO THE LAND USE ELEMENT TO CHANGE THE GENERAL
PLAN LAND USE DESIGNATION FROM RESIDENTIAL (R-1.5) TO
RESIDENTIAL (R-4); A ZONE CHANGE FROM ONE-FAMILY RESIDENTIAL
30,000 SQUARE FOOT MINIMUM LOT AREA (R-1-30,000) TO ONE-FAMILY
RESIDENTIAL (R-1); AND A LOCAL COASTAL PROGRAM LAND USE AND
ZONE CHANGE TO REFLECT THE PROPOSED GENERAL PLAN LAND USE
AND ZONING FOR A 5.4-ACRE PORTION OF A 21.9-ACRE PREVIOUSLY
SUBDIVIDED PROPERTY GENERALLY LOCATED SOUTH OF THE TERMINUS
OF TWAIN AVENUE WITHIN· THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: OCEAN VIEW POINT
CASE NO: GPA 15-02/ZC 15-03/LCPA i5-05 (DEV15043}
EXHIBIT 4
WHEREAS, OCEAN VIEW-CARLSBAD, LLC, 11Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
Lots 1 through 7, inclusive, of City of Carlsbad Tract No. CT 02-06, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 16265, filed in the Office of the County Recorder of San
Diego County on April 27, 2018
(11the Property"}; and
WHEREAS, said verified application constitutes a request for a General Plan Amendment,
Zone Change, and Local Coastal Program Amendment as shown on Exhibit(s} "GPA 15-02", "ZC 15-03",
and "LCPA i5-05" dated June 19, 2019, attached hereto and on file in the Carlsbad Planning Division, GPA
15-02/ZC 15-03/LCPA 15-05 -OCEAN VIEW POINT, as provided in Government Code Section 65350 et.
seq., Chapter 21.52 of the Carlsbad Municipal Code, and Public Resources Code Sections 30514 and 13551
of California Code of Regulations Title 14, Division 5.5, respectively; and
WHEREAS, the proposed Zone Change and Local Coastal Program Zone Change are set
forth in the draft City Council Ordinance, EXHIBIT ''X" dated June 19, 2019, and attached hereto as ZC 15-
03/LCPA 15-05 -OCEAN VIEW POINT; and
WHEREAS, the Planning Commission did, on June 19, 2019, hold a duly noticed public
hearing as prescribed by law to consider said request; and
August 20, 2019 Item #11 Page 70 of 160
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the General Plan Amendment, Zone Change, and Local Coastal Program Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of GPA 15-02/ZC 15-03/LCPA 15-05 -OCEAN VIEW POINT,
based on the following findings:
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation
Monitoring and Report Program and Addendum for GPA 15-02/ZC 15-03/LCPA15-05/CT
15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 -OCEAN VIEW POINT the
environmental impacts therein identified for this project and any comments thereon prior
to RECOMMENDING APPROVAL of the project; and
b. the Mitigated Negative Declaration, Mitigation Monitoring and Report Program and
Addendum has been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection
Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad;
and
d. based on the EIA and comments thereon, there is no substantial evidence the project will
have a significant effect on the environment.
General Plan Amendment, GPA 15-02
2. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City's General Plan, based on the facts set forth in the staff report dated June
19, 2019, including, but not limited to the following:
A. The project is consistent with the Land Use and Community Design Element in that the
proposed project consists of a request for a General Plan Amendment to change the
General Plan Land Use designation from Residential (R-1.5) to Residential (R-4) and a
Local Coastal Program Amendment to reflect the General Plan Land Use to allow for a
subdivision with 13 residential lots on a 5.4-acre portion of a 21.9-acre site. The
PC RESO NO. 7338 -2-
August 20, 2019 Item #11 Page 71 of 160
applicant is proposing to develop the vacant infill site with challenging topography and
a 75 percent habitat preservation requirement. The residential lots are clustered within
an area of the site that minimizes impacts on habitat with limited impacts to the
adjacent residential development. As demonstrated in "Exhibit GPA 15-02", a variety
of land uses surround the subject site. Single-family homes that are part of the Spyglass
Hills residential subdivision are located directly adjacent and to the north of the project
site. To the east, at a lower elevation from the project site and across Faraday Avenue,
is the Carlsbad Research Center industrial office park. To the south of the project site,
also at a lower elevation and across Faraday Avenue, is The Crossings at Carls.bad
community golf course. Immediately south and west of the project site is City owned
property with a General Plan Land Use designation and Zoning of Open Space {OS) that
includes Veterans Memorial Park. No uses are located adjacent to the project site which
could create an issue with respect to land use compatibility. The proposed single-family
residential subdivision results in a development with lot sizes and density that are the
same as the existing adjoining Spyglass Hills neighborhood.
The project site is located approximately one-mile north of McClellan-Palomar Airport.
Given the site's proximity to the airport, the property is located within Review Area 1
of the Airport Influence Area {AIA) and thus is subject to the Airport Land Use
Compatibility Plan for the McClellan-Palomar Airport {ALUCP). The property is also
located within Safety Zone 6 -Traffic Pattern Zone of the ALUCP, is located outside of
the 60-65 CNEL noise contour, and is within the Airport Overflight Notification Area. As
stated in the ALUCP Table 111-2 (Safety Compatibility Criteria), residential development
is a compatible use without limitations outside of the 60-65 CNEL noise contours and in
Safety Zone 6. The requested land use change was also determined to be consistent
with the ALUCP by the Airport Land Use Commission staff on October 25, 2016. Because
the project is located within the Airport Overflight Notification Area, the project has
been conditioned to record a notice informing future residents that the property is
subject to overflight, sight and sound of aircraft operating from the airport.
The property constraints analysis indicates that there are 13.3 net developable acres
within the 21.9-acre property which would allow for 13 dwelling units at the existing
{R-1.5) Growth Management Control Point of one {1) dwelling unit per acre.
Furthermore, a constraints analysis of the 5.4 acres proposed for development indicates
that of those 5.4 acres, there are 4.8 net developable acres. Applying the project's
proposed General Plan Land Use designation of R-4 {0-4 dwelling units per acre and a
Growth Management Control Point of 3.2 dwelling units) to the 4.8 acres would allow
for 15 dwelling units on the 5.4-acre portion of the site proposed for development.
B. The project is consistent with the Open Space and Conservation Element in that its
clustering development on the least sensitive and constrained portions of the property
adjacent to existing development; it conserves 75 percent of the site as permanent open
space; and utilizes trails to connect the city's open space network.
C. The project is consistent with the Noise Element and will not result in exposure of
persons to or generation of noise levels in excess of standards established in the City's
General Plan or Noise Guidelines Manual in that the proposed residential subdivision is
located outside the 60 dB{A) CNEL noise contour as indicated in the City of Carlsbad's
PC RESO NO. 7338 -3-
August 20, 2019 Item #11 Page 72 of 160
General Plan Noise Element and Noise Guidelines Manual (Carlsbad Future Noise
Exposure Contours Map, forecast year 2035). Additionally, the project site is also
located outside of the 60 dBA CNEL noise exposure range as shown on Exhibit 111-1 of
the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). However, future
homes will be located within the Airport Overflight Notification Area for the airport, so
the project is conditioned to record a notice informing future residents that the
property is subject to overflight, sight and sound of aircraft operating from the airport.
D. The project is consistent with the Public Safety Element in that it will implement
requirements related to its location partially within a Very High Fire Hazard Severity
Zone. The project site is located within a five-minute response time of Fire Stations 3
and 5. A Conceptual Fire Protection Plan has been prepared for the project to
demonstrate how it will conform to the policies and requirements of the Landscape
Manual, particularly the Fire Policies and Fire Protection Requirements. The plan
includes written and graphic illustrations of fire hydrant locations, 60-foot wide fire fuel
modification zones cove.ring both manufactured slope areas and native slope areas,
emergency/maintenance access, and maintenance responsibility and schedule of
frequency.
Zone Change, ZC 15-03
3. That the proposed Zone Change from One-Family Residential 30,000 square foot minimum lot
area (R-1-30,000) to One-Family Residential (R-1) for a 5.4-acre portion of a 21.9-acre previously
subdivided site is consistent with the goals and policies of the various elements of the General
Plan, in that the proposed R-1 zoning designation impiements the proposed R-4 General Plan
Land Use designation. The R-1 zoning designation will allow for single-family residential
development with a minimum lot size of 7,500 square feet. The existing R-1-30,000 requires a
minimum lot size of 30,000 square feet. As stated in the staff report, a single-family residential
neighborhood with lot sizes in the 8,000 -20,000 square foot range is adjacent on the north
side of the subject site with a general average of 10,000 square feet. The proposed residential
lots vary in size from 10,353 square feet to 19,660 square feet with an average lot size of 13,480
square feet.
4. 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 Element, in that the One-
Family Residential (R-1) Zone designation shown on Exhibit "ZC 15-03" attached hereto
implements the Residential (R-4) General Plan Land Use designation.
5. That the Zone Change is consistent with the public convenience, necessity, and general welfare,
and is consistent with sound planning principles in that the residential uses allowed by the
proposed zone change are compatible with the adjacent residential and open space land uses.
Local Coastal Program Amendment, LCPA 15-05
6. That the proposed Local Coastal Program Amendment meets the requirements of, and is 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
PC RESO NO. 7338 -4-
August 20, 2019 Item #11 Page 73 of 160
the amendments ensure consistency with the Carlsbad General Plan and Zoning Ordinance and
do not conflict with any coastal zone regulations, land use designations or policies.
7. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is
required to bring the property's Local Coastal Program Land Use and Zoning Designations into
consistency with the proposed General Plan Amendment {GPA 15-02) and Zone Change {ZC 15-
03).
General
8. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 8 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 project will be installed to serve new
development prior to or concurrent with need. Specifically,
A. 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.
9. All necessary public facilities can be provided concurrent with need, and adeqµate provisions have
been provided to implement those portions of the capital improvement program applicable to
the subject property.
10. 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 exadions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degre·e
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
permit, building permit or recordation of final map, whichever comes first; or pursuant to an
approved construction schedule at the discretion of the appropriate division manager or
official.
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 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 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 General Plan Amendment,
Zone Change, and Local Coastal Program Amendment.
PC RESO NO. 7338 -5-August 20, 2019 Item #11 Page 74 of 160
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the General Plan Amendment, Zone Change, and Local Coastal Program
Amendment 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, different from this approval, shall require an amendment
to this approval.
3. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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 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.
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 General Plan Amendment, Zone Change, and Local
Coastal Program 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, 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 project shall comply with all conditions and mitigation measures which are required as part
of the Zone 8 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
7. This approval is granted subject to the approval of the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and Addendum for OCEAN VIEW POINT -GPA
15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 and is
subject to all conditions contained in Planning Commission Resolutions No. 7337 and 7339 for
those other approvals incorporated herein by reference.
8. Developer shall implement, or cause the implementation of, the OCEAN VIEW POINT -GPA 15-
02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 Project
Mitigation Monitoring and Reporting Program and Addendum.
PC RESO NO. 7338 -6-
August 20, 2019 Item #11 Page 75 of 160
ORDINANCE NO.
EXHIBIT X
Dated June 19, 2019
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENTS TO THE ZONING AND LOCAL
COASTAL PROGRAM ZONING MAPS (ZC 15-03/LCPA 15-05} TO ALLOW A
ZONE CHANGE FROM ONE-FAMILY RESIDENTIAL 30,000 SQUARE FOOT
MINIMUM LOT AREA (R-1-30,000} TO ONE-FAMILY RESIDENTIAL (R-1}; AND
A LOCAL COASTAL PROGRAM ZONE CHANGE FROM ONE-FAMILY
RESIDENTIAL 30,000 SQUARE FOOT MINIMUM LOT AREA {R-1-30,000} TO
ONE-FAMILY RESIDENTIAL (R-1} FOR A 5.4-ACRE PORTION OF A 21.9-ACRE
PREVIOUSLY SUBDIVIDED PROPERTY GENERALLY LOCATED SOUTH OF THE
TERMINUS OF TWAIN AVENUE WITHIN THE MELLO 11 SEGMENT OF THE
LOCAL ,COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME:
CASE NO.:
OCEAN VIEW POINT
ZC-15-03/LCPA 15-05 (DEV15043}
WHEREAS, OCEAN VIEW-CARLSBAD, LLC, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as·
Lots 1 through 7, inclusive, of City of Carlsbad Tract No. CT 02-06, in the
City of Carlsbad, County of San Diego, State of California, according to map
thereof No. 16265, filed in the Office of the County Recorder of San Diego
County on April 27, 2018
("the Property"}; and
WHEREAS, said verified applicatio•n constitutes a request for a Zone Change and Local
Coastal Program Amendment as shown on Exhibits "ZC 15-03" and "LCPA 15-05" -OCEAN VIEW POINT ' I
dated June 19, 2019, attached hereto arid made a part hereof; and
WHEREAS, the City Council did, on the __ day of ______ ____, 2019, hold a duly
noticed public heqring as prescribed by law to consider said request; and
WHEREAS at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council considered all factors relating
to the "ZC 15-03/LCPA 15-05 -OCEAN VIEW POINT."
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Carlsbad, California,
does ordain as follows:
August 20, 2019 Item #11 Page 81 of 160
1. The above recitations are true and correct.
2. That Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning Map and
the Local Coastal Program Zoning Map, are amended as shown on the maps marked "ZC 15-03-OCEAN
VIEW POINT" and "LCPA 15-05-OCEAN VIEW POINT" dated June 19, 2019, attached hereto and made
a part hereof.
3. That the findings and conditions of the Planning Commission in Planning
Commission Resolution No. 7338 shall also 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 the adoption of this ordinance and cause the full text of the ordinance or a
summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper
of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding
the preceding, this ordinance shall not be effective until LCPA 15-05 is approved by the California
Coastal Commission.)
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
___ day of ________ 2019, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the ___ day of ___ ~----~ 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
August 20, 2019 Item #11 Page 82 of 160
PLANNING COMMISSION RESOLUTION NO. 7339
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP, PLANNED DEVELOPMENT PERMIT, COASTAL DEVELOPMENT
PERMIT, HILLSIDE DEVELOPMENT PERMIT, AND HABITAT MANAGEMENT
PLAN PERMIT TO ALLOW FOR THE SUBDIVISION AND DEVELOPMENT OF
18 LOTS (13 SINGLE-FAMILY RESIDENTIAL, ONE PRIVATE STREET, AND
FOUR OPEN SPACE), ALL OF WHICH IS CONTAINED Wll:HIN A 21.9-ACRE
PREVIOUSLY SUBDIVIDED PROPERTY GENERALLY LOCATED SOUTH OF
THE TERMINUS OF TWAIN AVENUE WITHIN THE MELLO II SEGMENT OF
THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT
ZONE 8.
CASE NAME:
CASE NO.:
OCEAN VIEW POINT
CT 15-07/PUD 15-15/ CDP 15-53/HDP 15-03/
HMP 15-05 (DEV15043)
EXHIBIT 4
WHEREAS, OCEAN VIEW-CARLSBAD, LLC, "Deve,loper/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
Lots 1 through 7, inclusive, of City of Carlsbad Tract No. CT 02-06, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 16265, filed in the Office of the County Recorder of San
Diego County on April 27, 2018
("the Property''); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map,
Planned Development Permit, Coastal Development Permit, Hillside Development Permit, and Habitat
Management Plan Permit as shown on Exhibit(s) "A" -"M" dated June 19, 2019, on file in the Planning
Division CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 -OCEAN VIEW POINT, as provided by
Chapters 20.12, 21.45, 21.95, 21.201 and 21.210 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 19, 2019, 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 and
arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the
Tentative Tract Map, Planned Development Permit, Coastal Development Permit, Hillside Development
Permit, and Habitat Management Plan Permit.
August 20, 2019 Item #11 Page 85 of 160
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)
B)
Findings:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05-
OCEAN VIEW POINT, based on the following findings and subject to the following
conditions:
Tentative Tract Map, CT 15-07
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 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 above; is consistent with all minimum requirements of
Titles 20 and 21 governing lot size and configuration; and has been designed to comply with all
applicable city regulations.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for residential development on the General Plan and are developed
with single-family homes of a comparable density of 0-4 dwelling units per acre and lot sizes
from 8,000 to 20,000 square feet.
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 minimum development standards and design criteria required by the
applicable zoning ordinances are incorporated into the project design without the need for
variances from development standards.
4. That the design of the subdivision or the type of improvements will not conflict with 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 with established easements.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
6. 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 against the public
service needs of the city and available fiscal and environmental resources and that the proposed
housing can be adequately served by the existing public services and no new facilities are
required.
7. 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 habitat, in
PC RESO NO. 7339 -2-August 20, 2019 Item #11 Page 86 of 160
that staff has conducted an environmental impact assessment to determine if the project could
have any potentially significant impacts on the environment. The environmental impact
assessment identified potentially significant impacts to both Biological Resources and Cultural
Resources. Mitigation measures have been incorporated into the design of the project and the
Mitigation Monitoring and Reporting Program {MMRP) such that all potentially significant
impacts will be mitigated to below a level of significance.
8. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project will adhere to the city's
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and
Jurisdictional Runoff Management Program {JRMP) to avoid increased urban runoff, pollutants,
and soil erosion.
Planned Development Permit, PUD 15-15
9. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in
that the project density of 2.7 dwelling units per net acre for the 5.4-acre project area is
consistent with the R-4 Residential General Plan Land Use designation (0-4 du/ac). Additionally,
the project is consistent with all the minimum development and design standards applicable to
the property as contained in Chapters 21.10 {One-Family Residential {R-1) Zone) and 21.45
{Planned Developments) of the Carlsbad Municipal Code.
10. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in
the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that the 13-unit single-family residential project is compatible with
existing adjacent single-family development as permitted by the One-Family Residential (R-1)
Zone and is proposed to be constructed at a density {2.7 du/ac) which falls within the range of
the applicable R-4 Residential General Plan Land Use designation; and does not create a_ny
traffic circulation impacts as Twain Avenue is adequately designed to accommodate the 130
Average Daily Trips {ADT) being generated.
11. The project will not adversely affect the public health, safety, or general welfare, in that the 13-
lot single-family residential subdivision has been designed to comply with all· applicable
development standards to ensure compatibility with surrounding single-family residential uses.
12. The project's design, including streets and site layout a) contributes to the community's overall
aesthetic quality, b) includes the appropriate use of landscaping, and c) achieves continuity among
all elements of the project, in that the proposed project is designed as a hillside large-lot single-
family residential project that will complement the surrounding streets and development.
Coastal Development Permit, CDP 15-53
13. That the proposed development is in conformance with the Certified Local Coastal Program
{Mello II Segment) and all applicable policies, in that the project preserves 75 percent of the site
as designated open space, provides measures adequate to mitigate impacts to onsite habitat,
and includes erosion control measures that protect down slope coastal resources.
14. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to a beach or water based recreational
PC RESO NO. 7339 -3-August 20, 2019 Item #11 Page 87 of 160
facilities but does however include a public trail link to the adjacent Veterans Memorial Park
land.
15. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance} in that the project will adhere to the city's Master
Drainage Plan, Grading Ordinance, Storni Water Ordinance, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants,
and soil erosion. Limited development, less than 10 percent, is proposed on natural steep
slopes (,:!:25 percent gradient). Habitat impacted by the project is being mitigated according to
the mitigation standards of the Habitat Management Plan. In addition, the site is not located
in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
Hillside Development Permit, HDP 15-02
16. That hillside conditions have been properly identified on the constraints map which show existing
and proposed conditions and slope percentages.
17. That undevelopable ar_eas of the project, i.e., slopes over 40 percent, have been properly
identified on the constraints map.
18. That the development proposal is consistent with the intent, purpose, and requirements of the
Hillside Ordinance, Chapter 21.95, in that the project is consistent with the land use and open
space/conservation elements of the General Plan with 75 percent of the on-site habitat being
restored and placed under a conservation easement and impacts to coastal sage scrub habitat
being mitigated at a ratio of 2:1. A~ditionally, the project is designed to relate to the natural
slope of the land stepping down gradually from the crest of the site at the terminus of Twain
Avenue; the alteration of the natural hillsides will be developed in an environmentally sensitive
manner to preserve steep slopes and wildlife habitat to the maximum extent practicable; and
both mechanical and biological methods will be implemented to control potential erosion,
including engineering the manufactured slopes to maximize slope stability; choosing
appropriate plant materials for the manufactured slopes to reduce the level of erosion of the
slopes; implementing post-construction best management practices (BMPs) that will ensure
run-off is appropriately treated to minimize the potential for erosion; and implementing
construction-level BMPs to prevent any silt from entering any of the HMP open space
conservation areas.
19. That the proposed development or grading will not occur in the undevelopable portions of the
site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that the site
does not contain any beaches, permanent bodies of water, floodways, significant wetlands,
significant riparian or woodland habitats, major power transmission easements, or railroad
track beds. For those natural slopes with an inclination of greater than 40 percent located
within the grading impact footprint, none of these slope areas include all of the following
characteristics that would otherwise make them undevelopable: a) an elevation differential of
greater than 15 feet; b) a minimum area of 10,000 square feet; and c) a slope that comprises a
prominent landform feature.
20. The project design substantially conforms to the intent of the concepts illustrated in the Hillside
Development Guidelines Manual, in that project grading is balanced onsite so there is no import
or export of excess dirt; the grading design minimizes the volume of grading (4,333 cubic yards
per acre) to an "acceptable" level (Oto 7,999 cubic yards per acre); none of the manufactured
PC RESO NO. 7339 -4-August 20, 2019 Item #11 Page 88 of 160
29. That the authorization to impact sensitive habitats as a result of the project will not appreciably
reduce the likelihood of surviva l and recovery of the species in the wild due to compliance with
all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife
agencies and the public.
30. That the City Planner is authorized to sign the Take Permit.
31. 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 continuing to allow compatible development in
accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and
sensitive species is required by 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 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 all new development within the City is essential to fund implementation of the City's
Habitat Management Plan. Pursuant to the HMP, the project has been conditioned to pay
habitat in-lieu fees for impacts to 0.51 acres of disturbed land (Habitat Group F).
California Environmental Quality Act
32. The Planning Commission of the City of Carlsbad does hereby find:
General
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation
Monitoring and Report Program and Addendum for GPA 15-02/ZC 15-03/LCPA 15-05/CT
15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 -OCEAN VIEW POINT the
environmental impacts therein identified for this project and any comments thereon prior
to RECOMMENDING APPROVAL of the project; and
b. the Mitigated Negative Declaration, Mitigation Monitoring and Report Program and
Addendum has been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection
Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad;
and
d. based on the EIA and comments thereon, there is no substantial evidence the project will
have a significant effect on the environment.
33. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City's General Plan, based on the facts set forth in the staff report dated June
19, 2019 including, but not limited to the following:
a. Land Use & Community Design -Promote infill development that makes efficient use of
limited land supply, while ensuring compatibility and integration with existing uses.
PC RESO NO. 7339 -6-August 20, 2019 Item #11 Page 90 of 160
Ensure that infill properties develop with uses and development intensities supporting a
cohesive development pattern (Goal 2-G.3): The applicant is proposing to develop a
vacant infill site with challenging topography and a 75 percent habitat preservation
requirement. The residential lots are clustered in the area that minimizes impacts on
the habitat with limited impact on the adjacent residential development.
b. Land Use & Community Design -Protect the neighborhood atmosphere and identity of
existing residential areas (Goal 2-G.S): The proposed lots, ranging in size from 10,353
square feet to 19,660 square feet, are generally consistent with the adjacent
neighborhood, which range in size from 8,000 square feet to 20,000 square feet.
c. Mobility -Keep Carlsbad moving with livable streets that provide a safe, balanced, cost-
effective, multi-modal transportation system (vehicles, pedestrians, bikes, transit),
accommodating the mobility needs of all community members, including children, the
elderly and disabled (Goal 3-G.1); improve connectivity for residents, visitors and
businesses (Goal 3-G.2); and provide inviting streetscapes that encourage walking and
promote livable streets (Goal 3-G.3): The project, while gated, completes an otherwise
unimproved non-landscaped project frontage along an existing cul-de-sac at the
southern terminus of Twain Avenue and will also dedicate and install a pedestrian
connection to the Citywide Trail System, which includes access to the nearby Veteran's
Memorial Park and the Crossings at Carlsbad community golf course. A private street
with gated entry is considered to be acceptable in this case because of the surrounding
habitat, open space requirements and steep topography make it difficult, if not
impossible to connect to Faraday Avenue below. Landscaped parkways and street trees
will line the existing unimproved portion of Twain Avenue as well as the new private
street. The circulation system has also been designed in conformance with the Land
Development Engineering Division and Fire Department design standards for public
streets, private streets and hillside conditions and complies with all other applicable
City of Carlsbad design standards. ~
d. Open Space & Conservation -Protect environmentally sensitive lands, wildlife habitats,
and rare, threatened or endangered plant and animal communities (Goal 4-G.3).
Maintain and implement the city's Habitat Management Plan (HMP), including the
requirement that all development projects comply with the HMP and related documents.
Require assessments of biological resources prior to approval of any development on sites
with sensitive habitat (Policy 4-P.9): The project site, which is identified as a "Standards
Area" in the HMP, preserves seventy-five percent of the gross project area as Open
Space. A Biological Technical Report (BTR) was prepared for the site and determined
that there will be impacts to 4.13 acres of coastal sage scrub (Habitat Group C) and 0.51
acres of disturbed land (Habitat Group F). Impacts to Habitat Group C will be mitigated
at a 2:1 ratio and impacts to Habitat Group F will be satisfied through payment of an in-
lieu fee. Final design of the project was reached with extensive involvement and input
by the Wildlife Agencies. An HMP Consistency Determination from the Wildlife
Agencies was received on March 15, 2019 acknowledging the project's consistency with
the HMP.
e. Open Space & Conservation -Require developments to incorporate structural and non-
structural best management ·practices (BMPs) to mitigate or reduce the projected
increases in pollutant loads. Do not allow post-development runoff from a site that would
cause or contribute to an exceedance of receiving water quality objectives or has not been
PC RESO NO. 7339 -7-August 20, 2019 Item #11 Page 91 of 160
reduced to the maximum extent practicable (Policy 4-P.58}: The project will adhere to
the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP
Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid
increased urban runoff, pollutants, and soil erosion.
f. Open Space & Conservation -Coordinate the planning of park facilities and trails with
other recreation-oriented land uses such as open space (Goal 4-G.8); utilize greenways
and trails to connect the city's open space network (Goal 4-G.11); and obtain an
irrevocable offer to dedicate or a permanent easement for multi-use trails on privately
owned property where feasible, and where trails are proposed as part of the Carlsbad
trail system (Policy 4-P.43): The pr_oposed project will complete Trail Connection SD of
the city's Trails Master Plan, thereby connecting the existing Spyglass Hills
neighborhood and the proposed Ocean View Point development with Veteran's
Memorial Park and The Crossings at Carlsbad community golf course. This segment will
be a "Type 2 -Multi-Use Recreational Trail" that accommodates a broad range of trail
users. The project is conditioned to require an irrevocable offer of dedication for a
public trail easement through private property.
g. Noise -Ensure that new development is compatible with the noise environment, by
continuing to use potential noise exposure as a criterion in land use planning (Goal 5-G.2);
The project will not result in exposure of persons to or generation of noise levels in
excess of standards established in the City's General Plan or Noise Guidelines Manual
in that the proposed residential subdivision is located outside the 60 dB(A) CNEL noise
contour as indicated in the City of Carlsbad's General Plan Noise Element and Noise
Guidelines Manual (Carlsbad Future Noise Exposure Contours Map, forecast year 2035).
h. Noise -Use the noise policies in the McClellan-Palomar Airport land Use Compatibility
Plan (ALUCP) to determine acceptability of a land use within the airport's influence area
(AIA) as depicted in the ALUCP (Policy S-P.12): The project site is located within Review
Area 1 of the Airport Land Use Compatibility Plan for the McClellan-Palomar Airport
(ALUCP), is within Safety Zone 6, is located outside of the 60-65 CNEL noise contour, and
is within the Airport Overflight Notification Area. As stated in the ALUCP Table 111-2
(Safety Compatibility Criteria), residential development is a compatible use without
limitations outside of the 60-65 CNEL noise contours and in Safety Zone 6. The
requested land use change was also determined to be consistent with the ALUCP by the
Airport Land Use Commission staff on October 25, 2016. Because the project is located
within the Airport Overflight Notification Area, the project has been conditioned to
record a notice informing future residents that the property is subject to overflight,
sight and sound of aircraft operating from the airport.
i. Public Safety -Encourage physical planning and community design practices that deter
crime and promote safety (Policy 6-P.30}: The project site is located within a five-minute
response time of Fire Stations No. 3 and 5 and has been conditioned to comply with the
fire code, including provisions for an automatic sprinkler system within each future
dwelling unit. Additionally, a Conceptual Fire Protection Plan has been prepared for the
project to demonstrate how it will conform to the policies and requirements of the
Landscape Manual, particularly the Fire Policies and Fire Protection Requirements. The
plan includes written and graphic illustrations of fire hydrant locations, 60-foot wide
fire fuel modification zones covering both manufactured slope areas and native slope
PC RESO NO. 7339 -8-August 20, 2019 Item #11 Page 92 of 160
j.
areas, emergency/maintenance access, and maintenance responsibility and schedule of
frequency.
Housing -Provide sufficient new, affordable housing opportunities in all quadrants of the
city to meet the needs of current lower and moderate-income households and those with
special needs, and a fc!ir share proportion of future lower and moderate-income
households (Goal 10-G.3): The project is conditioned to enter into an affordable housing
agreement for the provision of two (2) affordable housing units.
34. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 8 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 project will be installed to serve new
development prior to or concurrent with need. Specifically,
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.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be
collected prior to issuance of building permit.
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.
d. The Local Facilities Management fee for Zone 8 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
35. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated March 4, 2010, in that:
a. The proposed project is located outside the 60 dB CNEL noise contour. The ALUCP
identifies all uses located outside the 60 dB(A) CNEL noise contour as compatible with
airport uses;
b. The proposed project is located within Safety Zone 6. The ALUCP identifies residential
land uses located within Safety Zone 6 as compatible with airport uses;
c. The proposed project is located within the Airport Overflight Notification Area but is
outside the Avigation Easement Area. Accordingly, the project has been conditioned to
record a notice informing future residents that the property is subject to overflight,
sight and sound of aircraft operating from the airport; and
d. The requested land use change was determined to be consistent with the Airport Land
Use Compatibility Plan by the Airport Land Use Commission staff on October 25, 2016.
36. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
PC RESO NO. 7339 -9-August 20, 2019 Item #11 Page 93 of 160
37. That the city has adopted a Citywide Trails Program and a segment of the trail network is
associated with this project.
38. 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:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit, building
permit or recordation of final map, whichever comes first; or pursuant to an approved
construction schedule at the discretion of the appropriate division manager or official.
· 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 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 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, Planned
Development Permit, Coastal Development Permit, Hillside Development Permit, and Habitat
Management Plan Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map, Planned Development Permit, Coastal Development
Permit, Hillside Development Permit, and Habitat Management Plan Permit documents, as
necessary to make them internally consistent and in cohformity 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.
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.
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 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.
5. Developer shall implement, or cause the implementation of, the project Mitigated Negative
Declaration, Mitigation Monitoring and Reporting Program, and Addendum for Ocean View
Point -GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-
05.
6. 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,
PC RESO NO. 7339 -10-August 20, 2019 Item #11 Page 94 of 160
from {a) city's approval and issuance of this Tentative Tract Map, Planned Development Permit,
Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan
Permit, {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, 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.
7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Tract
Map, conceptual grading plan and preliminary utility plan reflecting the conditions approved by
the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if
found acceptable, signed by the city's project planner and project engineer. If no changes were
required, the approved exhibits shall fulfill this condition.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 8 local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
10. This approval is granted subject to the approval of the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, and Addendum; GPA 15-02, ZC 15-03, and LCPA
15-05, and is subject to all conditions contained in Planning Commission Resolutions No. 7337 and
7338 for those other approvals incorporated herein by reference.
11. This approval shall become null and void if the final map is not approved for this project within
24 months from the date on which the California Coastal Commission votes to approve the
project.
12. 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 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 shall be placed on the Final Map.
13. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #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 Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable local Facilities Management Plan fee for Zone
8, pursuant to Chapter 21.90. All such 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.
14. · Developer shall submit to the city a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
PC RESO NO. 7339 -11-August 20, 2019 Item #11 Page 95 of 160
that· the City of Carlsbad has issued a(n) Tentative Tract Map, Planned Development Permit,
Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan
Permit by Resolution(s) No. 7339 on the 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 City Planner 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 or
successor in interest.
15. Prior to the approval of the final map for any phase of this project, the Developer shall enter into
an Affordable Housing Agreement with the city to provide and deed restrict two (2) dwelling units
(15 percent of the total dwelling units) as affordable to lower-income households for 55 years,
in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad
Municipal Code. The draft Affordable Housing Agreement shall be submitted to the City Planner
no later than 60 days prior to the request to final the map. The recorded Affordable Housing
Agreement shall be binding on all future owners and successors in interest.
16. Developer shall construct the required inclusionary units concurrent with the project's market
rate units, unless both the final decision-making authority of the city and the Developer agree
within an Affordable Housing Agreement to an alternate schedule for development.
17. As a_condition of this approval, applicant must comply with the requirements of all regulatory
agencies having jurisdiction over the project and any mitigation requirements of the
environmental documents for the project. Pursuant to Government Code section 65871 and
Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140, applicant shall grant a
conservation easement over all onsite and offsite mitigation areas and the onsite open space lot
for the conservation, protection, and management of fish, wildlife, native plants and the habitat
with the City's adopted Habitat Management Plan.
18. Developer shall dedicate, on the final map, an open space easement for those portions of Lots 1-
13, which are in slopes, coastal sage scrub and contain the 20-foot wide HMP Upland Habitat
Buffer, to prohibit any encroachment or development, including but not limited to fences, walls,
decks, storage buildings, pools, spas, stairways, and private (non-HOA maintained) landscaping,
as shown on Planning Commission Exhibit(s) "A" -"N" dated June 19, 2019.
19. Prior to final map approval, or 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 City and
resource agencies in relation to the onsite open space lot (Lot 14) and offsite mitigation areas
which are being conserved for natural habitat in the conformance with the City's Habitat
Management Plan:
a. The Mitsuuchi Property (adjacent to the Batiquitos Lagoon Ecological Reserve) was
purchased with federal Endangered Species Act Section 6 grant funding, allocated by the
California Wildlife Conservation Board (WCB) with matching funding from the California
Coastal Conservancy. The subgrant deed for this property states that the property cannot
be used for mitigation. However, the subgrant agreement can be amended to allow
mitigation at the discretion of the California Coastal Conservancy and the WCB. Prior to
approval of this property being used to satisfy substantial restoration/restoration
mitigation obligations of the Project, (i) the landowner/developer must provide
documentation from the California Coastal Conservancy and WCB stating that the subgrant
PC RESO NO. 7339 -12-August 20, 2019 Item #11 Page 96 of 160
deed has been amended to allow Project-related mitigation on the Mitsuuchi property, and
(ii) California Coastal Commission must approve the mitigation as a requirement of the
Coastal Development Permit.
b. Submit a final mitigation plan (conceptual restoration plan) for all onsite and offsite
mitigation areas. This plan, including on-the-ground verification, must be approved by the
city and resource agencies.
c. Select a conservation entity for each offsite mitigation area and onsite open space lot,
subject to approval by the City, that possesses qualification to manage these areas for
conservation purposes.
d. Submit a final a Preserve Management Plan for each offsite mitigation area and onsite open
space lot, which will ensure adequate management of these areas in perpetuity.
e. Submit a Property Analysis Record (PAR) or other method acceptable to the City for
estimating the costs of management and monitoring of each offsite mitigation area and
onsite open space lot in perpetuity in accordance with the requirements of the HMP.
Although Emerald Pointe is already funded for long-term management, additional long-
term funding for the mitigation area associated with the Ocean View Pointe project will be
required to maintain this area to HMP standards. The Mitsuuchi property will also require
additional management funding to insure the area is managed to HMP standards.
f. Based on the results of the final PAR for each mitigation area/open space lot, fund non-
wasting endowments in an amount sufficient for management and monitoring of the offsite
mitigation areas and onsite open space lot in perpetuity based on the approved PAR/cost
estimate. Separate funds must be established for each preserve (i.e., Ocean View Pointe,
Shorepointe, Emerald Pointe, and Mitsuuchi). Long-term management funds for mitigation
areas that already have an established endowment account can be paid into that existing
account.
g. Obtain approval of the United States Fish and Wildlife Service (USFWS), California
Department of Fish and Wildlife (CDFW), and California Coastal Commission (CCC) for the
restoration plan(s), preserve management plans, PARs, and endowments for all onsite and
offsite mitigation areas/open space lot consistent with the most current Biological
Resources Letter Report and Impact Analysis, or as otherwise approved by the City, USFW,
CDFW, and CCC.
h. Permanently protect all mitigation areas by establishing conservation easements, as
defined in California Civil Code Section 815.1, over all offsite mitigation areas and the onsite
open space lot for the conservation, protection, and management of native species and
habitats consistent with the HMP and approved by the resource agencies and the city. Proof
of recordation shall be provided to the jurisdictional city prior to land disturbance.
20. 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 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 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
PC RESO NO. 7339 -13-August 20, 2019 Item #11 Page 97 of 160
is further aware that the city has 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 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
the City's Habitat Management Plan (HMP) for impacts to 0.51 acres of disturbed land (Habitat
Group F). 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.
21. The applicant shall submit to the City Planner a digital copy of the biology report exhibits in ESRI-
Shapefile format registered to NAD 83 California State Plane Coordinate System Zone 6 (FIPS 406),
US Survey Feet. The City Planner has the discretion to waive this condition based on factors such
as the scope of the study and the format in which the exhibits were prepared.
22. Developer shall submit and obtain City Planner 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 and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
23. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
24. Streettrees to be planted within the private street parkway shall be a minimum 24-inch box
size.
25. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior
to final map approval. Prior to issuance of a building permit, the D·eveloper shall provide the
Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the
following provisions:
a. General Enforcement by the city: The city shall have the right, but notthe obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which
the city has an interest.
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, the city shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to the city
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 Association's
Easements" as provided in Article ____ ~ Section _____ the 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 Association, with a
PC RESO NO. 7339 -14-August 20, 2019 Item #11 Page 98 of 160
d.
e.
f.
g.
h.
i.
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 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 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 Owners as provided herein.
Special Assessments Levied by the city: In the event the city has performed the 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 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 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, 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
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 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 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 in accordance with the procedures
set forth in Article _____ of this Declaration.
Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ____ . Brush
management shall be performed once a year prior to fire season in accordance with the
City of Carlsbad landscape Manual.
Balconies. trellis, and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit ___ _
Aircraft Noise Disclosures: Disclosure shall be included that this property is subject to
overflight, sight, and sound of aircraft operating from McClellan-Palomar Airport.
Open Space Lots: The HOA open space lots within the development shall remain under
the ownership and responsibility of the HOA for the purposes of open space, landscape
and common recreation areas. Any encroachment or development for private benefit
onto said lots shall be prohibited, including but not limited to private: fences, walls,
decks, storage buildings, pools, spas, stairways, and landscaping, etc.
Landscape Restrictions: No plant species listed as problematic and/or invasive by the
California Invasive Plant Council (formerly the California Exotic Pest Plant Council} or
PC RESO NO. 7339 -15-August 20, 2019 Item #11 Page 99 of 160
State of California shall be employed or allowed to naturalize or persist on the site. No
plant species listed as a "noxious weed" by the State of California or federal government
shall be used in the property. No fire buffer impacts or vegetation thinning shall occur
within the preserved open space (conservation easement) areas.
j. Fire Restrictions: No exposed wood shall be allowed throughout the project, including
gates, fences, decks, etc. Residences shall be constructed with a Class-A type_roof, with
no vents installed along the westerly side. Residences shall include interior fire
sprinklers installed to the satisfaction of the Carlsbad Fire Department. Parking areas
and driveways shall be sited and designed to allow for adequate fire department access.
No fire buffer impacts or vegetation thinning shall occur within the preserved open
space (conservation easement) areas.
k. Lighting Restrictions: Project lighting in the back yards adjacent to the HMP Preserve
areas 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.
26. Developer shall submit a street name list consistent with the city's street name policy subject to
the City Planner's approval prior to final map approval.
27. Prior to occupancy of the first dwelling unit, the Developer shall provide all required passive and
active recreational areas per the approved plans, including landscaping and recreational facilities.
28. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
29. 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, 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 existence of the tax orfee, 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 City Planner and shall at least include a handout and a sign inside the sales
facility stating the fact of a potential pass-through of fees or taxes exists and where complete
information regarding those fees or taxes can be obtained.
30. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office at all times. All sales maps that are distributed or made available to
the public shall include but not be limited to trails, future and existing schools, parks, and streets.
31. 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 posted until ALL
of the units are sold.
32. Prior to the recordation of the first final tract 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 City Planner and the City Attorney (see Noise Form #2 on file in the
Planning Division).
PC RESO NO. 7339 -16-August 20, 2019 Item #11 Page 100 of 160
33. 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 City
Planner (see Noise Form #3 on file in the Planning Division).
34. Prior to the approval of a final map, the Developer shall pay to the city a Trail Plan Check fee and
inspection fee in accordance with the current city fee schedule.
35. Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication
to the City of Carlsbad for a trail easement for trail{s) shown on the Tentative Tract Map within
Open Space Lot 14. Prior to the issuance of any building permits, the trail shall be constructed as
a public trail for public use and accepted by the City of Carlsbad upon adoption of a Citywide Trails
Program that includes provisions for maintenance and liability. Otherwise, prior to issuance of
any building permits, the obligation for acceptance, construction, maintenance, and liability shall
be the responsibility of the Homeowner' s Association.
36. Developer shall provide the following note on the final map of the subdivision and final mylar of
this development submitted to the city:
A. "Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management
Control Point for each General Plan land use designation. Development cannot exceed
the Growth Control Point except as provided by Chapter 21.90. The land use designation
for this development is R-4 Residential, 0-4 dwelling units per non-constrained acre.
Lots 1-13 and 15-18, as shown on the Tentative Tract Map, were used to calculate the
intensity of development under the General Plan and Chapter 21.90. Subsequent
redevelopment or resubdivision of any one of these lots must also include Lots 1-13 and
15-18, as shown on the Tentative Tract Map, under the General Plan and Chapter 21.90
of the Carlsbad Municipal Code."
Parks and Recreation:
37. The public trail, including trail head amenities shall be constructed by the applicant and shall be
the maintenance responsibility of the Homeowner's Associations. This trail is part of the
Citywide Trail Network and shall be open to the public.
38. The applicant shall prepare and submit a trail plan for approval by the Parks and Recreation
Department prior to construction. Construction shall be inspected to ensure conformity with
the latest edition of the City of Carlsbad Engineering Standards, Trail Construction Standards
and the approved plans.
Engineering:
General
39. 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 for the
proposed haul route.
PC RESO NO. 7339 -17-August 20, 2019 Item #11 Page 101 of 160
40. This project is approved upon the express condition that building permits will not be issued for
the developr:nent of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
41. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private streets, utilities,
sidewalks, landscaping, street lighting, raised median, enhanced paving, water quality treatment
measures, low impact development features, storm drain 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. The CC&R's shall also address the annual verification of the
effective operation and maintenance of each structural treatment control BMP in accordance
with the BMP maintenance agreement and the SWQMP. The annual verification shall be
submitted to the enforcement official, in a format as approved by the city, prior to the start of
the rainy season. The CC&R's shall include a dedication to the Homeowner's Association an
easement for open space purposes as shown on the Tentative Tract Map.
42. Deve.loper shall prepare, submit and process for City Engineer approval a final map to subdivide
this project. There shall be one Final Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
43. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
44. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover,
etc.) and irrigation along the parkway frontage within the private street as shown on the
Tentative Tract Map.
Fees/ Agreements
45. Developer shall cause property owner to execute and submit to the City Engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
46. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
47. Developer shall cause property owner to submit an executed copy to the City Engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
· Maintenance Agreement.
48. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for
recordation, an Encroachment Agreement covering private retaining wall, enhanced pavement,
sewer, raised median, vehicular gate and gate facilities located over proposed public right-of-way
or easements as shown on the tentative map. Developer shall pay processing fees per the city's
latest fee schedule.
Grading
49. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
PC RESO NO. 7339 -18-August 20, 2019 Item #11 Page 102 of 160
technical studies/reports as required by City Engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
50. Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading of the
future residential buildings for this project subject to City Engineer approval.
51. This project requires off site grading. No grading for private improvements shall occur 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 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 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 and City Planner.
52. Prior to approval of the grading plan, the applicant shall submit a Construction Plan to the City
Engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, bathroom facilities, parking
of construction vehicles, employee parking, construction fencing and gates, obtaining any
necessary permission for off-site encroachment, addressing pedestrian safety, and identifying
time restrictions for various construction activities. All material staging, construction trailers,
bathroom facilities_, etc. shall be located outside the public right-of-way unless otherwise
approved by the City Engineer or Construction Management & Inspection Engineering Manager.
Storm Water Quality
53. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or 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.
54. Developer shall complete and submit to the City Engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engine_ering Standards. Developer
shall also submit the appropriate Tier Level Storm Water Compliance form and appropriate Tier
Level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the City Engineer.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee
schedule.
55. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to City Engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the City Engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
PC RESO NO. 7339 -19-August 20, 2019 Item #11 Page 103 of 160
56. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedications/Improvements
57. Developer shall cause owner to submit to the City Engineer for recordation a covenant of
easement for private storm drain purposes as shown .on the tentative map. The offer shall be
made by a certificate on the final map or separate recorded document. Developer shall pay
processing fees per the city's latest fee schedule.
58. Developer shall cause owner to submit to the City Engineer a request for the release of the
existing covenant of easement for private drainage purposes created on map No. 16265.
59. Developer shall cause owner to make an Irrevocable Offer of Dedication to the city and/or other
appropriate entities for public trail easement purposes as shown on the tentative map. The offer
shall be made by a certificate on the final map or separate recorded document. All land so offered
shall be free and clear of all liens and encumbrances and without cost to the city. Additional
easements may be required at final design to the satisfaction of the City Engineer.
60. Developer shall cause owner to dedicate to the city and/or other appropriate entities easements
for sewer and for general utility and access purposes as shown on the tentative map. The offer
shall be made by certificate on the final map or separate recorded document. 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.
61. Developer shall design the private streets, as shown on the tentative map 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 private streets shall be inspected by the city. Developer shall
pay the standard improvement plan check and inspection fees for private streets.
62. 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 and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
63. Prior to any work in the city right-of-way or public easements, developer shall apply for and
obtain a right-of-way permit to the satisfaction of the City Engineer.
64. Developer shall prepare, and process public improvement plans, and prior to City Engineer
approval of said plans, shall execute a city standard Subdivision Improvement 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 installed to city standards to the
satisfaction of the City Engineer. These improvements include, but are not limited to:
A. Sewer main, manholes and laterals within the proposed private street extension ofTwain
Avenue.
B. Reconstruction of the sewer main, manholes and laterals within the public right-of-way
PC RESO NO. 7339 -20-August 20, 2019 Item #11 Page 104 of 160
of existing Twain Avenue.
C. Water main, fire hydrants, water services and meters within the proposed private street
extension of Twain Avenue.
D. Driveway approach, sidewalk and the reconstruction of the curb and gutter within the
public right-of-way of existing Twain Avenue.
E. D.G. trail and reconstruction of the existing trail within the proposed Irrevocable Offer of
Dedication for public trial purposes.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
Non-Mapping Notes
65. Add the following notes to the final map as non-mapping data:
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:
1) Sewer main, manholes and laterals within the proposed private street extension of
Twain Avenue.
2) Reconstruction of the sewer main, manhole_s and laterals within the public right-of-
way of existing Twain Avenue.
3) Water main, fire hydrants, water services and meters within the proposed private
street extension of Twain Avenue.
4) Driveway approach, sidewalk and the reconstruction of the curb and gutter within
the public right-of-way of existing Twain Avenue.
5) D.G. trail and reconstruction of the existing trail within the proposed Irrevocable Offer
of Dedication for public trial purposes.
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.
C. Geotechnical Caution: 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 that may arise through any geological failure, ground water seepage or
land subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
PC RESO NO. 7339 -21-August 20, 2019 Item #11 Page 105 of 160
Utilities
encroach with.in the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
E. 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 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 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 improvements
identified in the city approved dE:velopment plans.
F. There are no public park or recreational facilities to be located in whole or in part within
this subd ivision. The subdivider is therefore obligated t o pay park-in-lieu fees in
accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all
of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with
s.ection 20.16.070 of the Carlsbad Municipal Code.
66. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire 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 public water mains to
the satisfaction of the district engineer.
67. Developer shall design and agree to construct public facilities within public right-of-way or within
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 maintenance,
access and/or joint utility purposes.
68. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
69. The developer shall agree to install sewer laterals and clean-outs at locations approved by the
City Engineer. The locations of sewer laterals shall be reflected on public improvement plans .
70. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the District Engineer
and City Engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
71. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the City Engineer.
PC RESO NO. 7339 -22-August 20, 2019 Item #11 Page 106 of 160
72. 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 Trips (ADT) and floor
area contained in the staff report and shown on the tentative map are for planning purposes only.
73. Developer shall pay park-in-lieu fees to the city, prior to the approval of the final map as required
by Chapter 20.44 of the Carlsbad Municipal Code.
74. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
75. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 8 as required by Carlsbad Municipal Code Section 21.90.050.
76. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
ofthe Carlsbad Municipal Code.
77. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
78. . Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060.
79. 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 pe rmit issuance,
except as otherwise specifically provided herein.
80. 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 City Planner prior to
installation of such signs.
81. New single-family residential developments containing one or more model home(s): A water
efficient landscaping brochure shall be available for each group of adults visiting the model home.
At a minimum, each brochure shall include information describing the water efficient features of
the model's landscaping; resources for additional information regarding water efficiency in
landscaping; contact information for the local water purveyor and Planning Division; and a reference
to the requirements of this landscape manual. A copy of the brochure shall be provided to the
Planning Division prior to the city authorizing temporary occupancy as a model home.
82. An educational sign shall be placed in the front yard of each model home so that it is visible and
readable from the roadway. The sign shall be white with black capital lettering at leasttwo inches
high and shall state "THIS MODEL HOME USES WATER EFFICIENT LANDSCAPING AND
IRRIGATION".
83. Developer acknowledges new forthcoming requirements related to the city's Climate Action Plan
(CAP) will likely impact development requirements of this project and may be different than what
is proposed on the project plans or in the project's CAP Checklist. Developer acknowledges new
CAP requirements are related to energy efficiency, photovoltaic, electric vehide charging, water
heating and traffic demand management requirements, as set forth in City Council Ordinance Nos.
CS-347, CS-348, CS-349 and CS-350 and City Council Resolution No. 2019-024, are available on the
city's website. CAP requirements may impact, but are not limited to, site design and local building
PC RESO NO. 7339 -23-August 20, 2019 Item #11 Page 107 of 160