HomeMy WebLinkAbout1993-09-14; City Council; 12393; Zone 20 Specific Plan SP-203/EIR 91-03/LFMP 87-20(A)f P
f?Y OF CARLSBAD - AG
ZONE 20 SPECIFIC PLAN -
SP-203/EIR 91=03/LFMP 87=20(A)
RECOMMENDED ACTION:
Planning Commission and staff are recommending that the City Council ADOPT Resolution
No. 93 -UvO . CERTIFYING EIR 91-03 and APPROVING LFMP 87-20(A), as approved
by the Planning Commission, and INTRODUCE Ordinance No. &.@-a57 , APPROVING
SP-203.
ITEM EXPLANATION
On June 16, 1993, the Planning Commission conducted public hearings on and
recommended approval (S-l) of the Zone 20 Specific Plan. The project requests the
following discretionary approvals:
1. The certification of an Environmental Impact Report for the Specific Plan and Local
Facilities Management Plan. EIR 90-03 addresses the foreseeable environmental
impacts on site.
2. The proposed Specific Plan which provides a framework for the future development
of the vacant properties within Zone 20 as defined by Government Code Section
65451 and coordinates the planning and engineering requirements of multiple
disparate properties with varying development horizons. The 640 acre specific plan
contains 52 separate properties ranging in size from .5 to 68.5 acres.
3. An Amendment to the Local Facilities Management Plan for Zone 20 which includes
a Finance Plan allowing entitlement activity to occur.
Planning Commissioner Erwin cast a negative vote due to the potential impact of single
event noise from the airport on the existing residential General Plan Land Use designation.
Concern regarding the alignment of Poinsettia Lane between Alga Road and El Camino
Real has been an issue throughout the Specific Plan process. The Specific Plan does not
set the alignment. The alignment will be set by the first tentative map or other
entitlement activity requiring the road. More detailed information is included in the
attached staff report to the Planning Commission, dated June 16, 1993, and the
memorandum to the City Manager, dated August 3, 1993.
ENWRONMENTALREVlEW
An EIR was processed addressing all the necessary discretionary approvals needed for the
project. The report was found by staff and the Planning Commission to have been
prepared in compliance with State and City regulations.
FISCAL IMPACT
There will be no direct fiscal impacts as a result of this action as the specific plan impacts
no entitlements.
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PAGE 2 OF AGENDA BILL NO. Ia; 3 9 3
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City Council Resolution No. 9 3-a 60
City Council Ordinance No. r\/S- a 5 ‘I
Location Map
Memorandum to the City Manager, dated August 3, 1993
Planning Commission Resolution Nos. 3525, 3526, and 3527, dated June 16, 1993
Planning Commission Staff Report, dated June 16, 1993
Excerpts of Planning Commission Minutes, dated June 16, 1993 EIR 90-03 (previously distributed)@ rl f; Le i VL C 3~ c le r k/r u5- Sri& a)*
Sp-203 (previously&~-&~t@)~n f;leifl C;t~~krk’s A-;cQ*
L-f+&p S-q- ZBCRl 011 S;l< i y\ Ku C<tJ c/~&(s oF$E;ce.
II EXHIBIT 1
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RESOLUTION NO. 93-260
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT AND APPROVING AN AMENDMENT TO THE LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 20 ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, WEST AND NORTH OF THE AVIARA MASTER PLAN, AND EAST OF PASEO DEL NORTE. CASE NAME: ZONE 20 SPECIFIC PLAN CASE NO: EIR 91-03/LFMP 87-20(A)
.7 WHEREAS, on June 16, 1993, the Carlsbad Planning
8 Commission held a duly noticed public hearing to consider an
g Environmental Impact Report (EIR 91-03), and an Amendment to the
10 Local Facilities Management Plan (LFMP 87-20(A), for Zone 20, and
11 adopted Resolutions Nos. 3525, and 3527 respectively, recommending
12 to the City Council that they be approved; and
13 WHEREAS, the City Council of the City of Carlsbad, on
14 /I December 7, 1993, held a public hearing to consider
15 the recommendation and heard all persons interested in or opposed
16 to EIR 91-03/LFMP 87-20(A).
17 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City
18 Council of the City of Carlsbad, California, as follows:
19 1. That the foregoing recitations are true and correct.
20 2. That the Environmental Impact Report (EIR 91-03) on
21 the above referenced project is certified and that the findings
22 and conditions of the Planning Commission contained in Resolution
23 Noo 3525, on file with the City Clerk and incorporated herein by
24 reference, are the findings and conditions of the City Council.
25 3. That the recommendation of the Planning Commission
26 for the approval of LFMP 87-20(A) iS approved and that the
27 findings of the Planning Commission contained in Resolution No.
28 3527, on file with the City Clerk and incorporated,herein by
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reference, are the findings of the City Council.
4. This action is final the date this resolution is
adopted by the City Council. The provision of Chapter 1.16 of the
Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
apply:
"NOTICE TO APPLICANT"
"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 judicial 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 of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of 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 City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008."
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
ity Council of the City of Carlsbad, California, held on the
day of DECEMBER , 1993, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ABSTAIN: None
TTEST: 1
2, City Clerk
nt City Clerk
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- h
EXHBIT 2
ORDINANCENO. W-257
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING THE ZONE 20 SPECIFIC PLAN
ON APPROXIMATELY 640 ACRES OF LAND LOCATED SOUTH OF
PALOMAR AIRPORT ROAD, WEST AND NORTH OF THE AVIARA
MASTER PLAN AREA, AND EAST OF PASEO DEL NORTE.
CASE NAME: ZONE 20 SPECIFIC PLAN
CASE NO: SP-203
WHEREAS, the City Council of the City of Carlsbad, California has reviewed
tnd considered a Specific Plan for future development of the site; and
WHEREAS, after procedures in accordance with the requirements of law,
he City Council has determined that the public interest indicates that said plan be
. approved.
bllows:
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
SECTION I: That the Zone 20 Specific Plan, SP-203, dated June 16,1993,
m file in the Planning Department and incorporated by reference herein, is approved.
The Specific Plan shall constitute the zoning for this property and all development of the
property shall conform to the plan.
SECTION II: That the findings and conditions of the Planning Commission
n Planning Commission Resolution No. 3526 shall also constitute the findings and
:onditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
tdoption, and the City Clerk shall certify to the adoption of this ordinance and cause it
o be published at least once in the Carlsbad Sun within fifteen days after its adoption.
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1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
2 omcil on the day of , 1993, and thereafter
3 PASSED AND ADOPTED at a regular meeting of the City Council of the City
4 of Carlsbad on the 5 ---dayof, 1993, by the following vote, to wit:
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AYES:
7 NOES:
8 ABSENT:
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h ABSTAIN:
PROVED AS TO FORM AND LEGALITY
14 RONALD R. BALL, City Attorney
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CLAUDE A. LEWIS, Mayor
ETHA L. RAUTENKRANZ, City Clerk
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EXHIBIT 3
City of hrlsbad
ZONE 20 SPECIFIC PLAN I EIR 90=03/SP 203/ LFMP 87=20(A)
EXHWT 4
AUGUST 3,1993
TO: CITY MANAGER
FROM: Assistant Planning Director
VIA: Planning Director
ZONE 20 SPECIFIC PLAN - AFFORDABLE HOUSING
Discussions between staff and the property owners within Zone 20 have indicated the need
to clarify the City’s intentions regarding inclusionary housing as part of Council’s action when it considers the Specific Plan. The intent of the Zone 20 Specific Plan is to require all
projects of seven dwelling units or more to satisfy the inclusionary responsibility through the
construction of units. This intent has been consistently reenforced throughout the Specific
Plan and was reiterated at the Planning Commission public hearing. In other words the
Specific Plan does not recommend the payment of impact fees in lieu of construction.
Discussions with the City Attorney indicate the need to amend the language of the Specific
Plan to delete any reference to either state government code or the municipal code section
relating to affordable housing which would allow such in lieu payment. The following is the
language within the Specific Plan that is being forwarded to Council for their consideration
which will reflect this clarification:
Page 43, last sentence; delete ‘I... and any related municipal code sections.”
Page 49, first complete sentence; add ‘Notwithstanding the provisions of Government
Code Section 66474.2, 66408.1 or any similar statute...”
GARY E. WAYNE
Assistant Planning Director
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EXHkT 5
PLANNINGCOMMISSIONRESOLu'x-'IONNO.3525
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
CERTIFICATION OF A PROGRAM ENVIRONMENTAL IMPACT
REPORT, EIR 90-03, FOR THE ZONE 20 SPECIFIC PLAN
COVERING 647 ACRES OF LAND GENERALLY LOCATED
SOUTH OF PALOMAR AIRPORT ROAD, WEST OF EL CAMINO
REAL, NORTH OF THE AVIARA MASTER PLANNED
COMMUNITY, AND EAST OF PASEO DEL NORTE, WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 20.
CASE NAME: ZONE 20 SPECIFIC PLAN
CASE NO: EIR 90-03
WHEREAS, a verified application for certain property to wit:
Land generally located south of Palomar Airport Road, west of
El Camino Real, north of the Aviara Master Planned
Community, and east of Paseo De1 Norte in the City of
Carlsbad, County of San Diego, State of California,
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title
21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of June, 1993,
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 all persons desiring to be heard, said Commission considered all
factors relating to the Program Environmental Impact Report and;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A)
B)
That the FOREGOING recitations are’true and correct.
That the Environmental Impact Report EIR 90-03 will be amended to include
the comments and documents of those testifying at the public hearing and
responses thereto hereby found to be in good faith and reason by
incorporating a copy of the minutes of said public hearings into the report.
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Findinns:
That the Planning Commission finds and determines that the Environmental
Impact Report EIR 90-03 has been completed in conformance with the
California Environmental Quality Act, the state guidelines implementing said
Act, and the provisions of Title 19 of the Carlsbad Municipal Code and that
the Planning Commission has reviewed, considered and evaluated the
information contained in the report.
That the Environmental Impact Report EIR 90-03 as so amended and as
evaluated in the staff report dated June 16, 1993, is recommended for
acceptance and certification as the Final Environmental Impact Report and
that the Final Environmental Impact Report as recommended is adequate and
provides reasonable information on the specific plan and all reasonable and
feasible alternatives thereto, including no project.
That each and every significant environmental impact identified in the -
Environmental Impact Report would be mitigated, overruled or counter
balanced by conditions of approval on future development which would
mitigate against said adverse impacts.
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That the fohwhg find&s are made relative to the conclusions of the Final
Fmhnmental Impact Report (FJR) for the proposed Zone 20 Specific Plan
(SCH#%IO10834) hased on the EIR text, including the comments and responses to
thedraftHR,andalld ocuments, maps, public testimony and illustrations included
in the public record.
ThattheEIRwillsenreasa”ProgramEIR”byaddressingimpactsofsubsequent
entitlements including Site Development Plans, Conditional Use Permits, Planned
Development Permits, Hillside Development Permits, and Tentative Maps.
That the proposed specific plan covers 647 acres held in 38 separate ownerships.
At buildout the specific plan area is projected to include, at a maximum, 2,062
residential dwelling units, two major circulation element roadways, a school, and
aww
ThePlarmingCammissianfindgthatcumulativelysignificantimpactstoairquality
would be mitigated below a level of significance for the following reasons:
a The specific plan has incorporated measures tocoufolmtoregioualair
quality plans, inch- (1) coordiMtion with regional transpoItation
agencies; (2) guidelines and potential sites for neighborhood commexial land
uses; (3) distriion of transportation Formation to future residents; (44)
the provision of a -cycle trail system; and, (5) bike lanes along
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major roadways. All these measure would help reduce vehicle miles traveled
and the number of vehicle cold starts.
b. At this time, the only available mitigation for cumulative air quality impacts
is the successhl implementation of the adopted Regional Air Quality
Strategies (RAQS), which have been designed to implement all reasonable
measures to try to achieve the State air quality 5itaddsinthebasinThe
San Diego Air Pollution Control Distxict is ultimately nsponsiile for
implementing the RAQS and achieving the State and Federal air quality
standards in the San Diego bash The specific plan is in conformance with
the adopted General Plan and has been determined to be in cox&ormance
withtllerecp’ - of the RAQS.
COIlditiOIlS:
1. R&r to attached lihhibit “A”, dated June 16, 1993, Mitigation Monitoring And
reporting ~rogmm, for the mitigation and monitoriug programs applicable to the
Zone 20 Specific Plan project area
AGRICULTURE:
2. To offset the conversion of non-prime agricultural land to urban land uses per the
requirements of the Mello II Local Coastal Program, development within Site II and
III of the Agricultural Overlay Zone shall implement one of the following three
mitigation options prior to approval of a final map or implementing permit:
a. Preserve prime agricultural property within the Coastal Zone consistent with
Sections 30241 and 30242, or cluster new development consistent with
Section 30250, of the Coastal Act; or
b. Illustrate that continued or renewed agricultural use is not feasible per the
guidelines of Mitigation Option 2 of the Local Coastal Program; or
C. Provide payment of an agricultural mitigation fee, the amount of which is
established by the Carlsbad City Council at the time of the tentative map
approval. The fee is not less than $S,OOO.OO and not more than $lO,OOO.OO
for each converted acre.
RECL’UMED WATER:
3. Improvement plans shall be submitted to the City for review and approval showing
locations/sizing of reclaimed water and/or urban runoff diversion facilities, in
accordance with the Carlsbad Municipal Water District requirements and the phasing
schedule provided in the Zone 20 LPMP. Reclaimed water facilities shall be
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constructed in all major roadways within the specifk plan area concurrent with
development.
4. Where feasible, reclaimed water and/or urban runoff diversion facilities shall be
provided within the specific plan area for the purpose of reusing treated wastewater
and stormdrain runoff for agricultural production and landscape irrigation in the
future.
AIR OUALllX
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Cumulative air quality impacts shall be mitigated via successful implementation of
the San Diego portion of the State Implementation Plan, under the supervision of
the San Diego Air Pollution Control District (APCD). The California Clean Air Act
requires implementation of transportation control measures, or Regional Air Quality
Strategies, (RAQS), to meet air quality goals. Although most of the RAQS are
intended to be applied at the regional planning level by APCD or other entities such
as the Metropolitan Transportation District Board, and SANDAG. The Zone 20
Specific Plan can make use of the following strategies as they are implemented.
a.
b.
C.
d.
All developments approved within the Zone 20 Specific Plan shall be
conditioned to contact the North County Transit District to coordinate
development with projected locations for bus stops, drop-off sites, and other
transit related parking facilities.
Projects with Homeowners Associations and apartment projects shall be
conditioned to obtain and distribute to owners and tenants annual
information from Caltrans and NCID regarding the availability of public
transportation, ride-sharing and transportation pooling services in the area.
This condition shall also apply to project sales and rental offices.
Where feasible, residential development projects located adjacent to land uses
such as park, schools, future commercial facilities, and transit facilities should
incorporate internal pedestrian access to these uses.
Class II bicycle paths should be provided along the full length of all major
roadways within the specific plan area.
compliance with APCD Rules 51 (The “IU-” Rule), 52 (Particulate Matter),
and~(Dustandhmes) oftheAirQualitychapterwould~~~mitigatedust
impacts generated during grading opexhms. A note shall be placed on future
tentative maps, implementing permits, or grading pexmits stipulating that the
following measures shall be required to achieve compliance with these rules, and
reduce constructiorwelated air pollutants:
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a.
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The watering of all surfaces being graded and haul routes shall be required
during dry weather conditions.
All unpaved areas shall be revegetated according to approved la&cape plans
as soon as possible after grading.
All construction-related traflic shall be restricted to routes that are
dustxontrolled, and reduced speed limits shall be maintained for all haul and
construction vf$kles.
All construction activities shall he limited during periods of high winds.
All heavyduty, diesel-powered construction equipment shall be operated
according to mam.&cturers suggested operating instruction (with the
&l-injection timing retarded to recommended levels for NO, emissions, but
which would not result in excessive visiile smoke emissions) in order to
control pollutant emissions.
Construction equipment shall he subject to qularly scheduled
maintenance/tune-ups, and be turned off when not being utilized to avoid
excessive idling emissions.
The application of architectural coating and cut-back asphalt shall adhere to
APCD Rules 67.0 and 67.7, to effectively control other construction-related
emissions of air pollutants.
The Engineering Department shall monitor for compliance during all grading
operations of the project.
BIOLOGICAL RESOURCFS:
7.
8.
Prior to approval of a tentative map, or implementing permit within the specific
plan area a biological field survey update shall be conducted, and a letter report
shall be submitted to the Planning Department for review and approval. The range
of onsite mitigation should include proposed open space easements to preserve
sensitive resources, habitat restoration plans to fully compensate for the direct loss
of sensitive biological habitat, or other feasible options such as conversion fees of
mitigation banking, to be determined by future biological studies. All subsequent
biological field studies shall be conducted by a qualified biologist and be in
compliance with all the mitigation requirements of EIR 90-03 under Biological
Resources, Section 3.4 on Page 111-37.
All projects subject to additional responsible agency permits shall apply to the
relevant governmental agencies (i.e. USFWS and CDFG) for review and approval.
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9.
10.
All conditions specified by these permits shall also become conditions of approval
for each fkl map or implementing permit within the specific plan area.
As mitigation for direct impacts to sensitive biological habitats resulting from future
development in the specific plan area a Habitat Restoration Plan may be prepared
by a qualified biologist and submitted to the City for approval prior to issuance of
any grading or building permits, whichever comes first. Where habitat restoration
is required by a subsequent biological study, all restoration sites shall be installed
and certain specified success criteria met by these conditions:
a. The restoration site shall be monitored for a minimum of five years to ensure
a successful rate of plant establishment.
b. An open space easement shall be dedicated over all future habitat restoration
areas onsite to ensure their long-term preservation and maintenance.
C. In order to increase the probability of successful plant establishment within
future habitat restoration areas onsite the revegetation plan shall comply
with Section 3.4.3.8 - 3.4.3.8.4 of EIR 90-03.
d. Any future habitat restoration areas onsite shall be in substantial
conformance to Figure 3.4-3 of EIR 90-03 to the maximum extent feasible.
All future biological open space easements and habitat restoration sites shall
incorporate the use of building setbacks and/or buffer zones to separate
development areas from dedicated open space boundaries. The exact location and
width of buffers shall be determined at the time of future, site specific biological
surveys, pursuant to Section 3.4.3.4 of EIR 90-03.
a. Uses within these buffer zones shall be restricted to required yard areas,
fences/walls, hiking/bicycle trails, and streets. Proposed landscaping within
all buffer zones shall conform to the City’s Fire Suppression Plan, pursuant
to the Landscape Design Guidelines.
b. All future open space easements dedicated to the City for the purpose of
protecting sensitive biological resources shall be preserved in perpetuity.
C. Grading, placement of structures, or vegetation planting or removal, shall be
prohibited within these future biological open space easements, except that vegetation may be selectively removed upon written order of the appropriate
fire control authority for the express purpose of reducing an identified fire
hazard. Exceptions for utility easements to serve future development may
also be approved within these easements. Fencing and signage may also
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need to be placed within these easements to discourage off-trail use by
hikers/bicyclists.
d. Any unauthorized encroachments into these dedicated open space easements
shah require mitigation in the form of “in-kind” habitat restoration onsite per
the replacement ratios and other conditions specified by applicable permit
regulations.
Prior to approval of a tentative map or implementing permit for any phase or unit
of development within those properties located in the western most portion of the
specific plan area which will require service connections to the sewer line designated
near its western boundary, a sewer study shall be conducted by a registered civil
engineer, and submitted to the City for review and approval. Based on the results
of this study, supplemental environmental review shall be undertaken to determine
potential mitigation measures, if necessary. All recommended mitigation measures
from this environmental study shall become conditions of approval on subsequent
development projects for those portions of the specific plan area.
Hidden Valley Road (Former Macario Drive) shall be aligned so as to minimize
impacts to the offsite Rncinas Canyon creek channel to the north; avoid impacts to
sensitive coastal sage scrub habitat on steep slopes; maintain, as much as feasible,
existing channel characteristics of the onsite drainage feature along its western edge,
and minimize the exposed height of graded roadway slopes.
a. A corridor alignment study for Hidden Valley Road shall be conducted by a registered traffic engineer for the purpose of examining those feasible
alternatives which would accomplish the above-stated goals.
b. This alignment study shall be submitted to the City for review and approval
prior to approval of a tentative map or implementing pennit for any phase
or unit of development in which this road is required.
Prior to approval of the first tentative map proposed within the separate specific
plan drainage basins, the Master Drainage Plan prepared by Rick Engineering, 1990, shall be revised to include spe&c recommendations for the locations, design, and
construction easements for all permanent desiltation basins required to handle
stormwater drainage flows based on peak build-out runoff volumes. The locations
of maintenance access roads to service these facilities shah also be delineated in the
study update.
a. Based on the results of this study, supplemental environmental review shah
. be undertaken to determine potential impacts and mitigation measures, if
necessary, related to the construction and maintenance of required desiltation
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onsite. All recommended mitigation measures shall then become conditions
of approval on subsequent development projects in the specific plan area.
b: All supplemental hydrologic and environmental studies shall be prepared by
qualified professionals in their prospective fields and submitted to the City
for review and approval.
Oversized culverts are recommended to be installed at the locations shown on
Figure 3.4-3 of EIR 90-03; The feasibility of constructing oversized culverts at these
locations shall be evaluated at the time roadway improvement plans are submitted
to the City Engineering Department for review. Specific mitigation measures
required to be incorporated into the design of these culverts, if necessary, shall be
based on future biological studies, subject to review and approval by the City.
Prior to approval of a tentative map or the first implementing permit for the DeJong
property, a Habitat Restoration Plan, prepared by a qualified biologist, shall be
submitted for review and approval by the United States Fish and Wildlife Service,
California Department of Fish and Game, and the City. This plan shall delineate the
measures required to fully mitigate impacts to sensitive habitat resulting from a
grading violation discovered on the property by City staff during the preparation of
EIR 90-03.
a. In addition, the applicant shall submit for review and approval the necessary
permit applications to the relevant governmental resource agencies. All
conditions specified by these approved permits and by the Habitat
Restoration Plan shall also become conditions of approval for each final map
or implementing permit within the DeJong property.
Prior to establishment of a specific roadway alignment for the offsite Poinsettia Lane
extension, a biological study consisting of field surveys and a report shall be
conducted by a qualified biologist, and submitted to the City for review and
approval. Relying of the baseline data provided in EIR 90-03, this study shall
include, at a minimum, a map of the specific biological resources occurring along
the preferred roadway alignment, a description of sensitive species and habitats, an
evaluation of potential impacts to these resources based on proposed roadway
improvement plans, and recommended mitigation measures, if necessary.
To mitigate potential impacts to the Burrowing Owl, site specifk field surveys shall
be conducted prior to the approval of a tentative map or implementing permit for
any phase of unit of development proposed on properties which contain fallow
agricultural land.
a. All supplemental field surveys shall be conducted by a qualified ornithologist
knowledgeable in the detection of this species and its nesting habitat.
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Results of these field surveys shall be delineated in a report and submitted
to the City for review and approval.
b. All recommended mitigation measures from these focused surveys shall
become conditions of approval on subsequent development projects for those
properties in which these conditions apply.
CIRCULATION:
18. The mitigation measures required to reduce circulation impacts shall be approved
by the City Engineer and be constructed prior to occupancy based upon phasing to
meet proposed development needs. The threshold dates of the improvements shall
be as listed in the Local Facilities Management Plan for Zone 20 and Section 3.5 of
EIR 90-03, and may be changed in a manner as provided under the Growth
Management Ordinance as implemented by the Local Facilities Management Plan for
Zone 20.
CULTURALRESOURCES:
19. Prior to approval of a tentative map or implementing permit for any phase of unit
or development proposed within the specific plan area, a cultural resources testing
program shall be conducted by a qualified archaeologist, on a site-by-site basis, for
those sites listed as either Level 3 or 4 on Table 3.6-l of EIR 90-03. Depending on
the results of the significance evaluation, a data recovery program or preservation
plan shall be implemented at the affected sites, to the satisfaction of the Planning
Director.
20. Cultural resource protection/preservation shall be used as mitigation, wherever
feasible, by designed avoidance and dedication of open space easements. Mitigation
by data recovery is also acceptable, but an attempt should be made to limit use to
those sites where preservation is infeasible or unwarranted given poor site integrity.
LAND USE AND COMPATIBILITY:
21. Consistent with the City’s Open Space and Conservation Resource Management Plan
and General Plan, all Citywide trails shall be dedicated as an easement and
constructed by the developer of the underlying property, concurrent with
development of any project on that parcel.
a. Prior to approval of a tentative map or implementing permit for any phase
or unit of development proposed on any property for which a citywide trail
is designated by the specific plan, a 20-foot wide trail easement shall be
offered for dedication to the City. In the event that the offer is rejected by
the City, the trail shall remain closed to the public until such offer is
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accepted and the City accepts responsibility for security, liability, and
maintenance.
NOISE:
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Applicants for discretionary projects located within 500 feet of the existing/future
Poinsettia Lane and planned Alga Road, and located north of the southern boundary
of the Airport Influence Area shall comply with Planning Department Policy No. 17. All required noise studies shall be submitted to the Planning Department for review
and approval prior to approval of a tentative map or applicable discretionary permit.
Any recommended mitigation measures delineated by these noise studies which
would reduce projected traffic noise impacts to acceptable levels shall be included
as conditions of approval on future projects in these areas.
Where future acoustical studies indicate that noise levels would exceed 60 Db CNEL,
the design criteria included in Sections 3.8.3.2.1 - 3.8.3.2.2 of EIR 90-03 shall be
implemented concurrent with development.
Prior to approval of a tentative map or other discretionary permit for residential
development in the portion of the specific plan area within the projected 1995 (60
Db CNEL) noise contour for the McClellan-Palomar Airport, an acoustical study shall
be submitted to the City for review and approval. If exterior noise levels cannot be
mitigated to 60 Db CNEL, or less, no residential development shall be permitted in
this area unless the Planning Commission and/or City Council makes the five
required findings contained in Planning Department Policy No. 17.
All applicants of discretionary projects located within a three-mile radius of the
McClellan-Palomar Airport shall prepare and record a notice that the property is
subject to overflight impacts: and post aircraft notification signs in all sales and
rental offices associated with new development.
PESTICIDE RESIDUE:
26. Prior to approval of a tentative map or grading plan for any phase or unit of
development within the specific plan area a detailed soils testing and analysis report
shall be prepared by a registered soils engineer, and submitted to City and County
Health Departments for review and approval.
27. Prior to occupancy of individual units within the specific plan area, a solid wall or
fence and landscaped windbreaks shall be installed along the perimeter of any future
developable area that abuts property under “open field” cultivation, in order to
reduce public nuisance effects of adjacent pesticide spraying and dust generation
from farm vehicles and operations.
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28.
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a. Prior to approval of the final map or issuance of a building permit, which
ever occurs first, a minimum 25-foot wide open space easement shall be
provided between “open field” agricultural operations and the adjacent lot
lines of future developable areas onsite. This buffer area may be located on
the adjacent agricultural property.
b. Prior to approval of a final map or issuance of a building permit, which ever
occurs first, an infrastructure improvement plan shall be submitted to the
Planning and Engineering Departments for review and approval by the
Planning Director and City Engineer. This plan shall illustrate the temporary
road connections required to maintain continued access to adjacent
agricultural properties that could be impacted by future roadway
improvements.
Drainage water from buildings, streets, parking lots, and landscaped areas within
the specific plan area shah be disposed of through stormdrains or otherwise in a
manner that will avoid any runoff onto agricultural areas whether planted or fallow.
All agricultural and urban runoff shall conform with the National Pollution
Discharge and Elimination System Permit requirements pursuant to San Diego
Regional Water Quality Control Board Order No. 9042, adopted by City Council
Resolution No. 90-235.
a. Owners of properties in agricultural use shall be required to bring discharge
into compliance, if studies indicate that agricultural runoff contribution will
not allow compliance with NPDES or SDRWQCB standards.
Prior to .approval of a final map or issuance of building permits, whichever occurs
first, the applicant shall notify, to the satisfaction of the Planning Director and City
Attorney, all owners, users and tenants of this project that this area is subject to
dust, pesticides, and odors associated with adjacent agricultural operations, and that
the owners, users, and tenants occupy this area at their on risk.
The application of agricultural sprays, including pesticides within the specific plan
area, shall be done in accordance with standard agricultural practices, manufacturer
recommendations, and applicable State and County health and safety regulations.
The cost of mitigation measures No. 26 - 30 shall be borne by the developers within
the specific plan area, and shah not be passed on to agricultural operators, except
to the extent that it can be shown that agricultural operators are not in compliance
with NPDES standards.
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PALEONTOr.DGYz
32. Prior to any grading of any property within the specific plan area a paleontologist
shallberetainedtoperformawalkoversurveyofthesiteandtoreviewthegrading
plans to determine if the proposed gmling will impact fossil msources. A copy of
the paleontologist’s report shall be provided to the Planning Director prior to
issuance of a grading permit.
a,
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A qualii%d paleontologist shall be retained to perfhm periodic hspections
ofthesiteandtosalvageexposedfossils. Duetothesmallnatureofsome
of the fossils present in the geologic stra@ it may be necessary to collect
manix samples for labomtoxy processing through fine screens. The
paleontologist shall make periodic reports to the Planning Director during the
gradingprocess=
The paleontologist shall be allowed to divert or direct grading in the area of
an aposed fossil in order to fkilitate evaluation an& if necessary, salvage
artifacts.
All fossils collected shall be donated to a public, non-profit institution with
a msearch interest in the materials, such as the San Diego Natural History
MUXWIIL
Any conflicts regarding the role of the paleontologist and the grading
activities of the project shall be resolved by the Planning Director.
PUBLIC FACILITHB
33. Each development project within the specific plan area shall be conditioned to
comply with the City of Carl&ad’s standards for solid waste management.
~EOLOCWSOIIS:
34. Prior to the approval of a tentative map, or an impkmenthg permit for any phase
or unit of development within the spe&% plan area, a geotechnical investigatim
conducted by a registered geotechical engiMershallbereq~ Allstudiesshall
be submitted to the Engineering Department for review and approval. Any
mitigation measmes recommended by these studies which reduce impacts to onsite
soils/geology to a level of insignificance shall be included as conditions of future
project approvals.
. . .
PC RESO NO 3525 -12-
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VISUAL AE2aHEma
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Friar to approval of a tentative map or implementing permit for any phase or unit
of development within any significant viewsheds, additional visual analysk shall be
conducted hy the applicant. TheseanalysesshallconsisQataminim~of
computer+nhanced photo-modifications showing development conditions proposed
by the project. The specific mitigation measures recommended by these studies,
which would reduce potentially significant visual impacts to a level of insignificance,
shall be included as conditions of approval on future projects for which this
condition applies.
To reduce visual impacts to onsite scenic visual qualities to below a level of
signifbnce, the central nortb/soutb canyon east of future Alga Road (Formerly
College Blvd.) shall be preserved in open space per the recommendation of section
3.4.3.4 of EIR 90-03.
Au~~and~~within~~~viewshedsoronslopedareasshallbe
earth tone in color. Prior to issuance of the first building permit the applicant shall
submittothePlanningDep aztment a sample color board depicting the proposed
earth tones subject to the approval of the Planning Director.
To reduce the visual impacts of manufactured slopes and roadway cuts, all cut and
fill slopes shall be landfonn-gmded, contoured, and heavily xreened by landscaping
iIl confomlance with zone 20 spec.Ec Plan. Au planted slopes shall be watered
with a complete irrigation system using low precipitation-rate sprinkler heads to
stabilize exposed slopes and curtail visual impacts associated with possible erosion.
a. A landscape plan showing requkci slope plantings shall be prepared prior to
the approval of a tentative map, site plan or grading permit for any phase or
unit of development within the specifk plan area.
prior to the approval of Enal construction plans for the o&&e Poinsettia tane
Ahnative 73” ‘alignment a landscape and irrigation plan for all manufactured
roadway slopes shall be approved by the City. This plan &all include a minimum
thxee year maintenance and monitoring program to ensure sllcm plant
establkbment along all roadway slopes.
The general visual design guidelines identified on Table 3.13-1 in EIR 90-03 shall
be taken into consideration during initial site planning and design phases prior to
approval of a tentative map or implementing permit for any development within the
specificplanarea.
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PASSED,APPROVED,ANDADOPTED ataregukrmeetingof~ePlann.ing
Commission of the City of Carlsbad, California, held on the 16th day of June, 1993, by the
following vote, to wit:
AYES: Chairperson Noble; Commissioners: Schlehuber; Ektz;
welshons & Savary.
NOES: Commissioner Erwin.
ABSENT: Commissioner Hall.
ABSTAIN: None.
AlTEST:
MICHAELJ.H&kMILLkk
PLANNING DIRECTOR
PC RESO NO 3525 -14-
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Exhibit “At’
June 16, 1993
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PL#iNNING COMMISSION RFi5OLUTION NO. 3526
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN NO. 203 ON PROPERTY
GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT
ROAD, WEST AND NORTH OF THE AVTARA MASTER PLAN
AREA, AND EAST OF PASEO DEL NORTE.
CASE NAME: ZONE 20 SPECIFIC PLAN
CASE NO: SP 203
WHEREAS, a verified application has been filed with the City of Carlsbad and
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title
21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 16th day of June, 1993, hold a duly noticed public hearing on
property described as:
Portions of lots G and H of the Ranch0 Agua Hedionda Land
Grant, Map 823, and portions of Sections 21, 22, and 28,
Township 12S, R4W.
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 SP 203.
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 RECO MMENDS APPROVAL of SP 203, based on the following
findings and subject to the following conditions:
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Find&s:
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6.
The application is consistent with the existing General Plan land use designations
of RLM (Residential Low-Medium Density), RM (Residential Medium Density), and
OS (Open Space) as indicated by a review of the document’s proposed dwelling unit
total and development standards.
Specific Plan 203 is consistent with and implements the goals and policies of the
general plan as demonstrated in the section of the specific plan entitled “Land Use”.
All necessary public improvements to implement Specific Plan 203 have been
provided or are required as conditions of approval.
The specific plan will serve as the zoning ordinance for the area. Where the plan
varies from existing city regulations, specific policy statements are presented to
clarify the intent and purpose of the proposed regulation.
Development standards and design guidelines contained in the specific plan address
land use compatibility with existing agriculture and Palomar Airport to the north,
preservation of open space, visual aesthetics of the development, and provision of
adequate public facilities and improvements.
The Zone 20 Specific Plan is also consistent with and implements the Local Coastal
Plan and the Zone 20 Local Facilities Management Plan.
conditions:
1. Approval is granted for SP 203, dated June 16,1993, incorporated by reference and
on file in the Planning Department.
2. All conditions of EIR 90-03, as contained in Planning Commission Resolution No.
3525, and LFMP 87-20(A), as contained in Planning Commission Resolution No.
3527, are incorporated herein by reference. Refer to those documents for all
conditions and mitigation measures applicable to the development of the Zone 20
specific Plan.
3. Approval of SP 203 is granted subject to the certifkation of EIR 90-03 and the
approval of LFMP 87-20(A).
PC RESO NO. 3526 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of June, 1993, by the
following vote, to wit:
AYES: Chairperson Noble; Commissioners: Schlehuber; Betz;
Welshons & Savary.
NOES: Commissioner Erwin.
ABSENT: Commissioner Hall.
ABSTAIN.: None.
BAILEY NOBL& Chairperson
CARLSBAD P&NING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RESO NO. 3526 -3-
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h
PLANNING COMMISSION RESOLUTION NO. 3527
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LOCAL FACILITIES
MANAGEMENT PLAN FOR ZONE 20 ON PROPERTY
GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT
ROAD, WEST AND NORTH OF THE AVIARA MASTER PLAN,
AND EAST OF PASEO DEL NORTE.
CASE NAME: ZONE 20 SPECIFIC PLAN
CASE NO: LFMP 87-20(A)
WHEREAS, a verified application has been filed with the City of Carlsbad and
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title
21 of the Carlsbad Municipal Code; and
WHEREAS, the City Council approved Resolution No. 8797 adopting the
1986 Citywide Facilities and Improvements Plan establishing facility zones and performance
standards for public facilities, and
WHEREAS, the City Council adopted Ordinance No. 9808 requiring the processing
of a Local Facilities Management Plan, and
WHEREAS, the City Council adopted Ordinance No. 8110 and No. 9829
implementing Proposition E approved on November 4, 1986 by the citizens of Carlsbad,
1 and
i WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 16th day of June, 1993, consider said request at a duly noticed
public hearing as prescribed by law; and
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 LFMP 87-20(A).
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as foIlows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of LFMP 87-20(A), Exhibit 10 to the staff report
incorporated herein by reference, based on the following f%xIings:
Findinns:
1. That the amendment to the Local Facilities Management Plan for Zone 20 is
consistent with the Land Use Element, the Public Facilities Element, and the other
Elements contained in Cardsbad’s General Plan.
2. That the amendment to the Local Facilities Management Plan for Zone 20 is
consistent with Section 21.90 of the Carlsbad Municipal Code (Growth
Management), and with the adopted Citywide Facilities and Improvements Plan.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of June, 1993, by the
foIIowing vote, to wit:
AYES: Chairperson Noble; Commissioners: Schkhuber; Betz;
Welshons & Savary.
NOES: Commissioner Erwin.
ABSENT: Commissioner Hall.
ABSTAIN:
None* I- BAILEYNQBL& Chairperson
~ ATTEST:
CARLSBAD PLANNING COMMISSION
MI~I-~EL J. ~~zMKLEI~
PLANNING DIRECTOR
PC RESO NO. 3527 -2-
DATE: JUNE 16,1992
EXMBlT 6
APPLICA’L .3N COMPLETE DATE:
APRIL 2. 1990
STAFF PLANNER: BRIAN HUNTER
STAFF PLANNER: JEFF GIBSON
STAFF PLANNER: TERRI WOODS STAFF REPORT 0 3
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: EIR 90-03/SP 203/LFMp 87-20(A) - ZONE 20 SPECIFIC PLAN - Request for
the certification of a Program Environmental Impact Report; and the request
for approval of a Specific Plan and a Local Facilities Management Plan
Amendment for Zone 20 on property located south of Palomar Airport Road,
west and north of the Aviara Master Planned Community, and east of Paseo
De1 Norte.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3525,
RECOMMENDING CERTIFICATION of EIR 90-03, and ADOPT Planning Commission
Resolution No.‘s 3526, and 3527, RECO MMENDING APPROVAL of SP 203 and LFMP 87-
20(A), based on the findings and subject to the conditions contained therein.
IL PROJECI- D -ON AND BACKGROUND
On September 6, 1988 the Zone 20 Local Facilities Management Plan was adopted. The
plan included a condition stating that a fmancing plan is required prior to approval of any
development permits within the zone. Although the Local Facilities Management Plan is
an excellent tool for bridging the financial planning gap between the individual property
entitlement process and the Capital Improvement Program it lacks the specificity necessary
to coordinate the planning and engineering requirements of multiple disparate properties
with varying development horizons. However, as the Zone 20 Local Facilities Management
Plan is ‘impacted by the Airport Influence Area the pursuit of a Specific Plan was
determined to be appropriate and does allow for such coordination. The Specific Plan
format also allows the City to address affordable housing, neighborhood convenience
commercial criteria, and update the Open Space within the Zone to reflect the proposed
Habitat Management Plan and Citywide Trail System, while it gives the property owner the
surety necessary to allow the entitlement process to go forward.
EIR 90-03/SP 203/WMF 67-20(A) ZONE 20 SPECIFIC PLAN
JUNE 16,1992
PAGE 2
This is a Specific Plan for the major portion of the Zone 20 Local Facilities Management
Plan. Three properties were excluded. The approximately 640 acre Specific Plan contains
52 separate parcels ranging in size from 51 to 68.56 acres. The Zone 20 Local Facilities
Management Plan projects a total of 2,480 dwelling units will exist at build out. Of this
total, the Specific Plan area contains 2,275 dwelling units. At present there are 8 existing dwelling units within the Specific Plan area.
Although located within the physical boundaries of the Zone 20 Local Facilities
Management Plan, the following parcels were excluded for the reasons stated:
SUDAN INTERIOR MISSION (APN 212-040-23) - There are 19 existing dwelling units on
this parcel. Although they may expand in the future, the specific development of the site
is already covered by a discretionary action.
COBBLESTONE SEA VILLAGE (APN 212-040-30) - This project has a previously approved
tentative map (CT 84-32(A)).
BCS DEVELOPMENT (APN 212-040-29) - This parcel is separated from the remainder of
Zone 20 by topography and Cobblestone Sea Village. For Specific Plan purposes it was
considered a part of the previously approved Cobblestone project as land use compatibility
and the coordination of facilities including access has already been addressed.
Through the proposed actions the applicant is requesting approval of the Zone 20 Specific
Plan (SP 203). As stated in the specific plan text, “The Zone 20 Specific Plan provides a
framework for the future development of the vacant properties within Zone 20 to ensure
the logical and efficient provision of public facilities and community amenities for the
future residents of Zone 20”. To enact the specific plan and entitlement activity to occur,
the following discretionary approvals are requested:
A. Certification of a Program Environmental Impact Report (EIR 90-03). The EIR
addresses the potential environmental impacts associated with the future buildout
of the Zone 20 Specific Plan under the existing General Plan land uses;
B. A Specific Plan as defined by Government Code Section 65451; and,
C. An Amendment to the Local Facilities Management Plan for Zone 20 which includes
a Finance Plan which allows entitlement activity to occur.
EIR90-03/SP 203/LFMP cs7-20(A) ZONE 20 SPECIFIC PLAN
JUNE 16,1992
PAGE 3
III. ANALYSIS
ENVIRONMENT AL&IPACIREPORT-ElR90-03
Certification of a Program Environmental Impact Report (EIR 90-03) is being requested.
The EIR addresses the potential environmental impacts associated with the future buildout
of the Zone 20 Specific Plan area. Use of the program EIR enables the City to characterize
the overall environmental impacts of the specific plan. The EIR contains broad, general
environmental analysis that serves as an information base to be consulted when ultimately
approving subsequent development projects (i.e. tentative maps, site development plans,
grading permits, etc...) within the specific plan. The City can avoid having to “reinvent the
wheel” with each subsequent development project by analyzing, in the program EIR, the
regional influences, secondary effects, cumulative impacts, and broad alternatives associated
with buildout of the planning area. Subsequent environmental review for development
projects within the specific plan can incorporate by reference the analysis and mitigation
of the program EIR If the City finds that no nekv environmental effects could occur or no
new mitigation measures would be required, the City can approve the development project
as being within the scope of the program EIR and no new environmental documents would
be required.
The EIR analyzed agriculture, air quality, biology, circulation, cultural resources, land use
compatibility, noise, pesticide residue, paleontology, public facilities, geology/soils,
reclaimed water, and visual aesthetics. Effects of the land use plan found not to result in
significant environmental impacts include air movement or odor, natural resources,
fuel/energy, water quality, light/glare, population density, parking, housing, rail and air
traffic, traffic hazards, emergency plans, and recreation which were addressed in the initial
study. Impacts that are considered significant or cumulatively significant, but mitigated to
less than significant through conditions of approval for the project include agriculture,
biology, circulation, cultural resources, land use compatibility, noise, pesticide residue,
paleontology, public facilities, geology/soils, reclaimed water, and visual aesthetics.
The EIR concludes that the Zone 20 Specific Plan would also result in cumulatively
significant impacts to air quality. The EIR states that these impacts remain cumulatively
significant after implementation of the proposed mitigation measures. The Planning
Department finds that proposed mitigation is adequate to reduce these cumulative air
quality impacts to below a level of significance due to the following reasons:
A. The specific plan has incorporated measures to conform to regional air quality plans,
including: (1) coordination with regional transportation agencies; (2) guidelines
and potential sites for neighborhood commercial land uses; (3) distribution of
transportation information to future residents; (4) the provision of a
pedestritiicycle trail system; and, (5) bike lanes along major roadways. All these
measure would help reduce vehicle miles traveled and the number of vehicle cold
starts.
EIR 90-03/SP 203/LFMF 67-20(A)
ZONE 20 SPECIFIC PLAN
JUNE 16, 1992
PAGE 4
B. At this time, the only available mitigation for cumulative air quality impacts is the
successti implementation of the adopted Regional Air Quality Strategies (RAQS),
which have been designed to implement all reasonable measures to try to achieve
the State air quality standards in the basin. The San Diego Air Pollution Control
District is ultimately responsible for implementing the RAQS and achieving the State
and Federal air quality standards in the San Diego basin. The specific plan is in
conformance with the adopted General Plan and has been determined to be in
conformance with the requirements of the RAQS.
Therefore staff is recommending that the Planning Commission adopt the finding that the
cumulative impact to air quality will be mitigated to a level of insignificance with the
measures outlined above. If the Planning Commission finds that there will be significant
cumulative impacts to air quality then a statement of overriding considerations in
accordance with Section 15093 of the CEQA Guidelines must be prepared before the EIR
is recommended for certification by the City Council.
The Biology Section of the EIR provides baseline data at a gross scale due to the large size
of the planning area. Given the large number of property owners and their differing
development horizons and the inevitable change in biological conditions over the long term buildout of the planning area, it is not possible to mitigate biological impacts from the
buildout of the entire specific plan under one comprehensive open space easement that
crosses property lines or a habitat revegetation/enhancement plan sponsored solely by the
property owners. Based on the future biological impacts created by individual subsequent
development projects, property owners within the planning area will be given several
mitigation options that will be based on subsequent and additional site specific biological
survey and impact analysis. These additional biological studies will consider the baseline
data and biological open space recommendations of EIR 90-03 and provide more detailed
resource surveys plotted at the tentative map scale for each property. The range of the
future mitigation options would include preservation of sensitive habitat onsite in
conjunction with enhancement/revegetation plans, payment of fees into a regional
conservation plan, or the purchase and protection of similar habitat offsite.
29 letters were submitted during the public review and comment period for the Draft EIR
The letters and the responses to the comments made are included in the Final EIR for the
Zone 20 Specific Plan
SPECIFIC PLAN - SP 203
Government Code Section 65451 governs the content of specific plans. The Zone 20
Specific Plan contains all information required by state law. The plan consists of both a
text and diagrams which specify the following in detail: (1) distribution and location of
land uses, (2) infrastructure, (3) development standards, (4) implementation measures
EIR 90-03/SP 203/LFMP d7-20(A)
ZONE 20 SPECIFIC PLAN JUNE 16, 1992 PAGE 5
including financing measures, and (5) a statement of the relationship of the specific plan
to the general plan.
If approved the Zone 20 Specific Plan will become the controlling document for the site.
It implements the General Plan, Zoning, applicable policies governing the site, and complies
with the Local Coastal Plan. The Zone 20 Specific Plan reflects the goals of the Land Use
Element, Open Space and Conservation Element, and Housing Element of the General Plan.
The plan contains a detailed Affordable Housing Plan a Neighborhood Convenience
Commercial Criteria, an Open Space section in conformance with the proposed Habitat
Management Plan, a Trail Exhibit that reflects the proposed Citywide Trail system, as well
as the land use regulations, development review process, and development standards
associated with a specific plan.
The necessity for a Neighborhood Convenience Commercial criteria was established through
a review of the Land Use Element of the General Plan the existing solely residential land
use designation of the specific plan and uncertainty regarding the development of potential
commercial sites with the surrounding Zone plans (4, 5, and 19). The Land Use Element
of the General Plan suggests a ratio of one acre of neighborhood commercial development
for each 1000 population, and provides for neighborhood commercial uses on sites of up
to five acres in residentially designated areas without a General Plan Amendment.
This plan provides locational, disclosure, and design/land use guidelines for such
commercial use, as well as, the ability to transfer the residential density of the commercial
site to the remainder residential project area provided the density does not exceed that
allowed by the General Plan. These commercial areas may be developed subject to the
approval of a Site Development Plan by the Planning Commission. The options discussed
above shall expire upon meeting the General Plan criteria for the projected demand.
This specific plan incorporates the Zone 20 Local Facilities Management Plan and the Zone
20 Finance Plan by reference which contain the detailed discussion of public facilities and
implementation measures required by the California Government Code for specific plans.
As noted in the discussion of the EIR, provision of the same level of detail found in recent
master and specific plan documents is not possible due to the multiple ownerships and
development horizons. However the plan still provides guidelines and standards for the
full development of all phases of the project, requires facilities and services consistent with
City regulations and ordinances, and ensures that all City standards and requirements will
be met in a consistent and uniform manner.
Section 65456 of the Planning and Zoning Law of the State allows a legislative body, after
adopting a Specific Plan, to impose a fee to defray the cost of preparation, adoption and
administration of the Specific Plan including costs associated with environmental review.
The fee is to be established on a pro rata basis in accordance with the relative benefit
EIR 90-03/SP 203/LFMP d7-20(A)
ZONE 20 SPECIFIC PLAN
JUNE 16,1992
PAGE 6
derived by an applicant. It was the intent of the Legislature to charge persons who benefit
from specific plans for the cost of developing those plans which result in a savings by
reducing the cost of documenting environmental consequences and items which may be
authorized by the Specific Plan.
The sponsoring property owners request that such a fee be imposed following adoption of
this Specific Plan as a method of providing reimbursement.
LOCALFACXLITES MANAGEMENT PLAN AMFNDMENT - LFMP 87-20(A)
The Zone 20 Local Facilities Management Plan (LFMP) was originally adopted on
September 6,1988. The plan included a condition stating that a financing plan is required
prior to approval of any development permits within the zone. For this reason, no
tentative maps have been approved, and there has been no development within the zone.
The LFMP amendment now includes the required financing plan as well as a number of
other relatively minor changes. The changes and key provisions of the financing plan are
outlined below.
Buildout and Phasing Assumptions
The 1988 LFMP projected 2,491 dwelling units at buildout. The amendment projects
2,480 dwelling units. The 1988 LFMP projected development beginning in 1989. The
amendment projects development beginning in 1994. Tentative maps may be approved as
soon as the Specific Plan and LFMP amendment have been adopted. Final maps are
contingent upon formulation of a zone fee for Alga Road and Poinsettia Lane as discussed
in the Circulation section below.
Financing of Public Facilities
Communitv Facilities District (CFD). CFD No. 1 was formed in 1991 to finance a
number of facilities of Citywide benefit. All properties in Zone 20 are already
participating in CFD No. 1. A combination of CFD No. 1 and payment of Public
Facilities Fee constitutes the required financial guarantee for City Administrative
Facilities, Library, Veteran’s Memorial Park, the Poinsettia Lane interchange at
Interstate 5, and miscellaneous other improvements. The standard Public Facility
Fee agreements have been amended, on the recommendation of the City Attorney, to lower the fee in proportion to CFD assessments paid for those properties which
are participating in the CFD.
Wastewater Treatment Canacitv. The Phase IV expansion of the En&a Water
Pollution Control Facility has been completed. Therefore, the special conditions
stated in the 1988 LFMP are no longer needed.
EIR 90-03/SP 203/LFMP &7-20(A)
ZONE 20 SPECIFIC PLAN
JUNE 16, 1992
PAGE 7
Drainage. A condition has been added requiring the payment of any drainage area
fee established by the Drainage Master Plan.
The 1988 LFMP contemplated Zone 20 dedicating 5 acres of parkland and Parks.
providing a letter of credit or other secured financing in the amount of $~75,000.
Subsequently, the City acquired an additional 32 acres of park land for a total of 42
acres for Poinsettia Park. The City has budgeted funds for development of the park
beginning in FY 93-94. In addition, Zone 19 dedicated a 24.25 acre site and
provided a letter of credit for $1.725 million. Therefore, the special condition for
parks in the LFMP amendment has been changed to require only payment of Park
in-Lieu Fee and Public Facilities Fee.
Circulation. The 1988 LFMP did not specify financing mechanisms for needed
Circulation Element improvements. The Financing Plan included in the LFMP
amendment now provides specific financing mechanisms for these improvements.
As noted previously, the Poinsettia Lane interchange is guaranteed by CFD No. 1.
The other two significant Circulation Element improvements are construction of the
road segment of Alga Road from Palomar Airport Road to Poinsettia bane and the
road segment of Poinsettia Lane from Alga Road to El Camino Real. Both of these
road segments are proposed to be funded incrementally by conditions of approval
on applicable tentative maps, with a zone-wide fee to reimburse developers who
construct more than the minimum two lanes and median. The zone fee may also
be used by the City to construct portions of the road at the City’s discretion. Details
of the fee program must be formulated to the City’s satisfaction prior to approval
of any final map in the zone. To assure construction of the Poinsettia Lane link to
El Camino Real, it is proposed that the same condition be applied to Zone 19
(Aviara Phase III) and Zone 21. All other circulation improvements needed to serve
Zone 20 that are not included in the City’s Traffic Impact Fee program will be made
a condition of approval on applicable tentative maps.
Onen Soace. The open space performance standard for Zone 20 is 15 percent of the
total land area within the zone, exclusive of environmentally constrained non-
developable land. There are 580.27 acres of total land area within the zone that
qualify under this definition. The build out open space performance standard
requirement for this zone is 87.04 acres. Provided under the Zone 20 Specific Plan
is 92.4 acres, which exceeds the standard by 5.36 acres. The proposed open space
within Zone 20 has been designed in compliance with the latest adopted standards.
consistency with sped!% Plan
The LFMP amendment has been reviewed by staff to assure consistency with all provisions of the Specific Plan.
EIR 90-03/SP 203/LFMP 67-20(A)
ZONE 20 SPECIFIC PLAN
JUNE 16,1992
PAGE 8
SUMMARY
The proposed project is consistent with all policies and ordinances governing the subject
site. In addition, it provides a development plan that is comprehensive, cohesive, and well
integrated with the surrounding environment. Staff therefore recommends approval of all
the previously mentioned actions.
ATTACHMENTS
1.
2.
3.
4.
ii:
7.
8.
9.
10.
Planning Commission Resolution No. 3525
Planning Commission Resolution No. 3526
Planning Commission Resolution No. 3527
Location Map
Background Data Sheet
Disclosure Statement
Local Facilities Impacts Assessment Form MWJ I 9 $3
Zone 20 Specific Plan (SP 203), dated e . (Previously distributed)
Zone 20 Specific Plan Final Program EIR, dated itme, 1992. (Previously distributed)
Zone 20 Local Facilities Management Plan Amendment, dated-5 @93 .
(Previously distributed) v-k A$ 1’9 9.3
BH:lh
May 17,1993
BACKGROUND DATA SHEET-
CASE NO: EIR 90-03/SP 203/LFMP 87-20(A)
CASE NAME: Zone 20 SDecific Plan
APPLICANT: Jack Henthorn & Associates
REQUESI- AND LOCATION: Reauest for an Environmental ImDact k?DOrt.SDeCifiC Plan,
and Local Facilities ManaEement Plan Amendment for Zone 20
LEGAL DESCRIPTION: Portion of Lot G & H. Ranch0 Arma Hedionda, MaD 823 and Dortion
APN: See SDecific Plan Acres 640 Proposed No. of Lots/Units 2275
(Assessois Parcel Number)
GENERAL PLAN AND ZONING
Land Use Designation Residential and ODen SDace
Density Allowed RiM/RM Density Proposed RLM/RM
Existing Zone LCXDM, R-l, PC Proposed Zone LC. RDM. RI. PC
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning
Requirements)
Zoning Land Use
Site LC/RDM/R-l/PC OS/Agriculture/Single Family
North PM OS/Agriculture
south PC Residential
East PC
West PC Residential
PUBLIC FACILITIES
School District Carlsbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelling Units (Sewer Capacity) 2275
Public Facilities Fee Agreement, dated N/A
ENVIRONMENTAL IMPACT ASSESSMENT
- Negative Declaration, issued
x Certified Environmental Impact Report, dated June 1992
Other, BH:lh
DISCLOSURE FORM
APPLICANT:
AGENT:
MEMBERS:
JACK HENTHORN & ASSOC.,. Sole Proprieter
Name (lndlvidual, partnership, joint venture, corporation, syndication).
5421 Avenida Encinas, Suite B, Carlsbad, CA., 92008
Business Address
438-4090
Telephone Number
N/A Name
Business Address
Telephone Number
N/A hame (individual, partner, joint Home Address
venture, corporation, syndication)
Buslness Address
Telephone Number Telephone Number
Name Home Address
Business Address
‘Telephone Number Telephone Number
.-
(Attach more sheets If necessary)
l/We under.stand that if this project Is located in the Coastal Zone, I/we wilt apply
for Coastal Commlssion Approval prior to development.
l/We acknowledge that In the process of reviewing this application, It may be necessary for members of City Staff, Planning Commissioners, Deslgh Review Board
members, or City Council members to Inspect and enter the property that Is the
subject ‘of this application. j/We consent to entry for this purpose.
l/We declare under penalty of per)ury that the information contained Ih this disclosure
is true and correct and that it will remain true and correct and may be relied Upoh
as being true and corrdct until amended.
BY Aqent, Owner. Partner
OWNER
ABADA, A
6121 Romany
San Diego, CA 92120
AITCHINSON, W & E
5155 Bob O’Link Lane
Palm Springs, CA 92264
BOLTON, GE0 & MU1
6519 El Camino Real
Carlsbad, CA 92009
BRKMALEA
One Park Plaza
Suite 1100
h-vine, CA 92714
BUERGER, WM & A
121 Townwoo$ Way
Encinitas, CA 92024
CARDOSA, M & N
6491 El Camino Real
Carlsbad, CA 92009
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92,008
Exhibit 6
ZONE 20 PROPERTY OWNERSHIP
PARCEL
NUMBER REF# ACREAGE
214-140-40
215-070-18
215-070-23
215-070-24
23 0.68
0.51
214-140-42 14 66.57
215-040-08
215-040-10
215-070-08 24 1.80
2 14-300-09 7
214-140-39
214-140-09
13
18
43
8
28.35
1.0
2.53
2.52
6.00
6.00
30
MAY 1993 15 ZONE 20
OWNER
CARLSBAD HEIGHTS
.AssocIATEs
4399 Ruffin Road, #300
San Diego, CA 92123
PARCEL
NUMBER
2 12-040-4 1
REF ACREAGE
4 54.03
CARNATION PROPERTIES
CORP.
P.O. Box 395
Cardiff, CA 92007
215-070-06 30 10.05
CARLSBAD MUN. WATER DIST.
5950 El Camino Real
Carlsbad, CA 92008
215-080-05 26 2.65
DeJONG FAMILY TRUST
225 E. LMission Rd.
San Marcos, CA 92069
215-080-01 12 32.90
ENGLER, WM
Star Route 1, Box 30
Niland, CA 92257
214-170-58
214-170-59
34 2.16
1.65
FERNAiiDEZ,_V., TRUST
P.O. Box 395
Cardiff, CA 92007
215-070-14 16 10.09
HADLEY,P
4743 W. Hoffer
Banning, CA 92220
215-080-19 33 15.03
HIDALGO, M & A
6511 El Camino Real
Carlsbad, CA 9hO9
KAISER, G
1615 Calle de Cinco St.
La Jolla, CA 92037
2 15-070-20 22 2.00
215-080-22 20 10.03
KELLY. P & R
2770 Sunny Creek
Carlsbad CA 92008
212-040-32 2 49.36
KRAMER, D
6798 Paseo de1 Norte
Carlsbad, CA 92008
214-140-41 27 0.71
MAY 1993 16 ZONE 20
OWNER
LUJAN, WM Sr V
11739 S. Toerge Dr.
La Mirada, CA 90638..
>fENDIVIL et.al. TRUST
21281 Manzanillo
Mission Viejo, CA 92692
McKINNEY. R
4355 Huerfano
San Diego, CA 92117
AMcREYNOLDS, A
2310 Calle Chiquita
La Jolla, CA 92037
MOORE, G Jr.
6503 El Camino Real
Carlsbad, CA 92009
MUROYA, A & K
6992 El Camino Real
P.O. Box 900-251%.
Carisbad, CA 92009
NELSON, G & B
3437 Highland Ave.
Carlsbad, CA 92008
OCEAN BLUFF PARTNERS
4370 La Jolla Village Dr,
Suite 120
San Diego, CA 92122
POINSETTIA HILLS
PARTNERS
5923 Balboa Ave.
San Diego, CA 92111
ROESCH, R
2800 Neilson Way #708
Santa Monica, CA 90405
PARCEL
NUMBER
215-070-09
214-170-73
215-070-10
211-040-14
215-080-17
215-040-03
215-080-04
215-070-16
215-070-19
REF ACREAGE
25 2.03
37
19
1
31
40
.21
11
17
7.13
5.02
34.3
1.29
20.00
5.17
31.05
7.09
215-070-15 10 29.53
MAY 1993 17 ZONE 20
.
-
PARCEL
NUMBER
215-070-04
ACREAGE
5.03
OWNER
RUDVALIS, J TRUST
P.O. Box 267
Encinitas, CA 92023
29
SARKARIA,D&A
P.O. Box 5986
Orange, CA 92667
215-070-12 28 20.17
SCHINDLER, T & D
FAMILY TRUST
648 Marsolan Avenue
Solana Beach, CA 92075
215-070-13 15 10.08
2 15-040-09
215-040-11
SUGINO, M & 1
2050 S. Del Dios Hwy.
Escondido. CA 92025
44 2.53
2.53
214-140-07 9 68.56 SUNBELT PLANNING
8649 Firestone Blvd
Downey, Ca. 90241
TABATA FAMILY TRUST
#Ol-14-83
P.O. Box 1338‘
Carlsbad, CA 92008
214-170-726 35 1.10
TABATA, A & J
8201 Legion Place
iMidway City, CA 92655
215-040-04 41 5.00
TABATA, N & E 214-140-44 35 4.17
P.O. Box 943 214-170-74 35 19.35
Carlsbad, CA 92’JO8 215-080-21 32 2.87
214-170-54 35 ’ 1.30 TABATA, N & E
2353 La Costa Blvd
Carlsbad. CA 92009
THOMPSON, D. TRUST
P.0. Box 1487
Carlsbad, CA 92008
214-170-47 38 5.00
214-170-36 38 10.00 THOMPSON, D
P.O. Box 1487
Carlsbad, CA 92008
MAY 1993 18 ZONE 20
OWNER
THOMPSON, D & K REVOCABLE TRUST
P.O. Box 1487
Carlsbad, CA 92008
THOIMPSON, D .K
P.O. Box 1487
Carlsbad, CA 92008
IWIDNER, R
P.O. Box 33
Cardiff, CA 92007
YAMAMOTO, Y & D
1201 Via La Jolla
San Clemente, CA 92672
PARCEL
NUMBER
214-170-75
REF ACREAGE
36 7.50
214-170-09 38 20.00
214-170-46 39 5.40
215-040-05 42 5.00
EXCLUDED FROM SPECIFIC PLAN:
BCS PROGRAM L-2
1303 Avocadq Street
Newport Beach, CA 92660
212-040-29 5 18.11
COBBLESTONE SEA VILLAGE 212-040-30
GREAT AMERICAN FEDERAL
SAVINGS ASSOCIATION
C/O. GREAT AMERICAN BANK
ASSET MANAGEMENT (MC5990)
600 B St.
San Diego, CA,92183
6 85.43
SUDAN INTERIOR
MISSION, INC.
1400 Flame Tree
Carlsbad, CA 92009
212-040-47 3 7 12.36
MAY 1993 19 ZONE 20
GROWTH MANAGEMENT PROGRAM
LOCAL FACBJTTES LMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
FILE NAME AND NO: EIR 90-03/SP 203/LFMP 87-20(A) Zone 20 Snecific Plan
LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RLM/RIvI/OS
DEVELOPER’S NAME:
PHONE NO: (619) 4384090 ASSESSOR’S PARCEL NO: 52 senarate narcels
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 640 acres
ESTIMATED COMPLETION DATE: 2015
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage = 8624
Library: Demand in Square Footage = 4599
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage = 17.21
Drainage: Demand in CFS = N/A
Identify Drainage Basin = Encinas/SanMamosCreek
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs = N/A
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. = 4
Open Space: Acreage Provided - 91
Schools: Carlsbad
(Demands to. be determined by staff)
Sewer: Demand in GPD - .595 MGD
Identify Sub Basin- 20 ABC
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD - 1.231.24Q
The project is 0 units the Growth Management Dwelling unit allowance. BH:lh
- EXM 7
PLANNING COMMISSION June 16, 1993 PAGE 10
r Erwin, and duly seconded, that, prior to
that (1) the Finance Director and/or staff
mechanism as long as it doesn’t
at staff reaffirm that dual left-turn lanes
NOES: None
ABSTAIN: None
Savary, Schlehuber and Welshons
RECESS
The Planning Commission recessed at 8:21 p.m. and reconvened at 8:3$?m.
3. EIR 90-03/SP 203/LFMP 87-20(A) - ZONE 20 SPECIFIC PLAN - Request for the certification of a
Program Environmental Impact Report; and the request for approval of a Specific Plan and a Local
Facilities Management Plan Amendment for Zone 20 on property located south of Palomar Airport
Road, west and north of the Aviara Master Planned Community, and east of Paseo Del Norte.
Brian Hunter, Senior Planner, reviewed the background of the request and, using an overhead projector,
showed the location of Zone 20 in relation to the other zones in the City. He stated that this application
also includes the financing plan, as required by State law.
Jeff Gibson, Associate Planner, addressed the EIR and stated that it contains broad and comprehensive
environmental analysis which serves as an informational base to be consulted in approving future
development projects within this zone. He reviewed each of the topics analyzed in the EIR, i.e. agriculture,
air quality, biology, circulation, cultural resources, land use compatibility, noise, pesticide residue,
paleontology, public facilities, geology soils, reclaimed water, and visual aesthetics. He stated that it is not
possible to mitigate biological impacts caused by buildout under one large comprehensive open space
easement which will cross property lines. Based on the biological impacts of future development projects,
property owners will be given several mitigation options based on subsequent and additional site specific
biological survey and impact analysis. These biological studies will consider the baseline data and
biological open space recommendations of the EIR, however they will provide more detailed resource
surveys,that portray a more accurate scale of each property. The range of future mitigation options may
include preservation of sensitive habitat on site in conjunction with enhancement and revegetation plans,
possible payment of fees into a regional conservation plan, or the purchase and protection of similar
habitat off site. An example would be Villages Q and T of the previous item which requires the developer
to purchase additional acreage adjacent to the site for habitat protection. He concluded his presentation by
directing attention to items 1 and 2-of staff memo dated June 15, 1993 which contained minor corrections
to the staff report and resolutions.
Brian Hunter, Senior Planner, reviewed land uses and stated that the Specific Plan includes neighborhood
commercial criteria to recognize that residential development needs some commercial activities. The
school district has indicated that they would like to see a school site in this area but have not yet picked a
specific site. He stated that the open space in this plan is in conformance with the Citywide trail system
and proposed Habitat Management Plan and has been reviewed by the Open Space Committee. Mr.
Hunter reviewed item 3 of the staff memo dated June 15, 1993 which amends Exhibit 6 of the staff report.
He also reviewed a sentence on page 14 of the Plan which should be deleted. The sentence indicates a
5% requirement for moderate income housing but the sentence is no longer needed because it has been
superseded by the lnclusionary Housing Ordinance. Mr. Hunter reiterated that this Specific Plan requires
the construction of affordable housing.
MINUTES
CORRECTED
PLANNING COMMISSION June 16,1993 PAGE 11
Steve Jantz, Associate Engineer, reviewed circulation issues and stated that there are two circulation
roadways which bisect the zone, i.e. Poinsettia Lane and Alga Road. He stated that all road alignments
are preliminary in nature and the Specific Plan does not establish any alignments.
Don Rideout, Senior Management Analyst, Growth Management, reviewed the amendment to the Local
Facilities Management Plan (LFMP) ‘and stated that it is being done to make it consistent with the Specific
Plan. He reviewed the changes contained in the amendment to the LFMP, i.e. formation of a community
facilities district (CFD), changes to the parks requirement, and various circulation changes. The financing
plan for Zone 20 guarantees City administrative facilities, libraries, a veteran’s memorial park, and other
buildout improvements (construction of Palomar Airport Road and Poinsettia) by payment of CFD taxes.
Because the City has purchased 42 acres of park land since the original LFMP was approved, the
requirement for additional park mitigation has been removed. Poinsettia Park is scheduled in the City’s
CIP budget for 1993/94 fiscal year. Mr. Rideout stated that the construction of Alga Road within Zone 20
and the portion of Poinsettia Lane which extends easterly to the zone boundary and then ultimately to El
Camino Real will ,be driven by the developments within the zone which require them for access. The
engineering staff will make this determination when the tentative maps are processed. He noted that it is possible that the developer may have to provide oversized roadways to serve other property owners in the
zone, in which case the developer would be reimbursed the difference. The financing plan proposes a
zone fee to be paid by all development within the zone and the funds will be used for reimbursement of
construction costs of oversized roadways. Details of the fee, costs of the roads and their alignment will be processed with the first final map in Zone 20.
Commissioner Erwin inquired about a letter received from the Palomar Airport Advisory Committee
concerning overflights which surpass 100 decibels. He inquired if any single event studies had been done.
Mr. Gibson replied that no study of that nature had been conducted.
Commissioner Welshons BI~/DIBtl~~r~~~~~~~~~~~~~~6~/~/~~~U/P~~~~~~~~ inquired if
the eucalyptus tree on the ridge line next to the packing shed is within the proposed alignment of Alga
Road and will therefore have to be demolished. Mr. Gibson replied that the tree must be sacrificed
because the road alignment at that point is fixed due to the canyon. Mr. Jantz added that the
determination of the road alignment was part of the Aviara zone plan. At the time the alignment was fixed,
it came down to the rights of way acquisition and who had control of the property at the time. That
property was under the control of Hillman Properties and it became easier to implement that location for
property acquisition purposes. Staff realizes that it is causing a domino effect to other locations.
Commissioner Welshons inquired about the grove of eucalyptus trees located near the Poinsettia Park.
Mr. Gibson replied that these trees will also have to be removed when the park improvements are made.
Commissioner Welshons inquired if the City has a tree preservation ordinance to replace trees. Mr. Gibson
replied that there are projects in the City where some old oak and eucalyptus trees have been protected. In
this instance, the EIR did not identify these particular trees due to their isolated locations. There is no tree
preservation ordinance. However, he did note that many new trees will be added along the alignment as
part of the landscape requirement.
Chairman Noble opened the public testimony and issued the invitation to speak.
Jack Henthorn, Henthorn & Associates, addressed the Commission and stated that this has been a big
project which originally started in 1988. There are 52 property owners in all and all of the property owners
are in consensus. He requested the Commission’s approval.
Evelyn McKinney, 6525 El Camino Real, Carlsbad, addressed the Commission and stated that her
business, Evon Gardens, a grower of carnations, will be severely impacted by the alignment of Poinsettia
Lane. She submitted a letter dated June 16, 1993 which contained her comments and illustrations of how
MINUTES
PLANNING COMMISSION June 16, 1993 PAGE 12
the proposed alignment would put her out of business because she would lose all of her fertile land and
potting sheds and would only be left with an untillable rocky section. Her written comments are on file in
the Planning Department.
Greg Saska, 672; El Camino Real, Carlsbad, addressed the Commission and stated that the southerly
alignment will take 50% of his property. He requested that a study be done to review other roadway
alternatives which would have less of an impact on his property.
Commissioner Welshons inquired if Mr. Saska’s property is located in or out of Zone 20. He replied that it
is located out of the zone. Steve Jantz, Associate Engineer, noted that the EIR shows where Mr. Saska’s
property is located.
Ronald C. McKinney, 6525 El Camino Real, Carlsbad, addressed the Commission and stated that if the
proposed plan is approved it will totally destroy his livelihood and he will not give it up easily. His written
comments dated June 16, 1993 are on file in the Planning Department.
Don Agatep, representing the Sunbelt Planning Group, addressed the Commission and stated that the
property owners in Zone 20 have been trying to work out this plan for many years. He commended staff
and Mr. Henthorn for the remarkable job. He noted that there is also a major roadway going through the
Sunbelt property. They get to construct approximately l/4 mile of College Boulevard, north of Poinsettia
Lane. Nevertheless, he feels the plan is a good one and urged the Commission to approve it and forward it
on to the City Council.
Jack Henthorn was given an opportunity for rebuttal. He stated that during the planning process he had
the opportunity to meet with the McKinneys and other property owners along Poinsettia Lane. He advised
them that the Specific Plan did not set the alignment and their specific concerns would be taken into
consideration at the time the alignment was set. He noted that the 1967 alignment study referred to by
Mrs. McKinney was done prior to the land being annexed into the City in the early 1980s. As a result of
that annexation, a lot of planning took place with Hillman Properties and several alternative alignments
were proposed, which are included in the LFMP.
Commissioner Welshons inquired if it would be possible to replace the mature trees which will be lost with
new trees of similar value. Mr. Henthorn replied that he has no jurisdiction over the trees located on the
City’s park site. As regards the single tree along the ridge line, it is located on private property. The City
would have to make some arrangement with the property owner. He assured Commissioner Welshons that
the landscape plan will provide more than a 1 :l replacement of trees being removed.
Commissioner Erwin has a philosophical problem with development and residential zoning so close to the
airport. He would like to see a peak single event noise study requirement in future ElRs in the vicinity of
the airport.
There being no other persons desiring to address the Commission on this topic, Chairman Noble declared
the public testimony closed and opened the item for discussion among the Commission members.
ACTION: Motion was made by Commissioner Schlehuber, and duly seconded, to adopt Planning
Commission Resolution No. 3525 recommending certification of EIR 90-03, and adopt
Planning Commission Resolution Nos. 3526 and 3527, recommending approval of
SP 203 and LFMP 87-20(A), based on the findings and subject to the conditions
contained therein, including changes outlined in the staff memo of June 15, 1993 and
the deletion of the inclusionary requirement for moderate income housing. VOTE: 5-l AYES: Chairman Noble, Commissioners Betz, Savary, Schlehuber and Welshons NOES: Commissioner Erwin ABSTAIN: None
MINUTES
- ‘4
PLANNING COMMISSION June 16,1993 PAGE 13
Chairman Noble reminded those in the gallery that the road alignments for this Specific Plan are still in the
planning stage and have not yet been set.
ADJOURNMENT:
By proper motion, the Regular meeting of June 16, 1993 was adjourned at.9:33 p.m.
-TY BUCKNER
‘es Clerk
MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE APPROVED.
MINUTES
December 14, 1993
Jack Henthorn t Associates 5431 Avenida Encinas, Suite G Carlsbad, CA 92008
Re: Ilone 20 specific Plan - SP-203/EIR 9103/LPMP 87-20(A)
The Carlsbad City Council, at its meeting of December 7, 1993, adopted Resolution No. 93-260, certifying the Environmental Impact Report (EIR 91-3) for the Zone 20 Specific Plan and that the findings' and conditions of the Planning Commission Resolution No. 3525 are the findings and conditions Council.
Enclosed is a copy of Resolution No. 93-260 for your records.
ALETHA L. RAUTENRRANZ, CRC 1 City Clerk
ALR:ijp
Enclosure
contained in of the City
1200 Carlsbad Village Drive l Carlsbad, California 92008-l 989 - (619) 434-2808 @
-4 A .-4&?$fd /- @&’ . ’ 4 ~~3
Prior to the approval of any final map
or the issuance of any permits within
the Zone 20 Specific Plan, the
applicant for the final map or permit
shall submit evidence to the City that
impacts to school facilities have been
mitigated in conformance with the
City’s Growth Management Plan to the
extent permitted by applicable state
law. If the mitigation involves a
financing scheme such as a Mello-
Roos Community Facilities District
which is inconsistent with the City’s
Growth Management Plan. including
City Council Policy Statement No. 38,
the developer shall submit disclosure
documents for approval by the City
Manager and City Attorney which shall
disclose to future owners in the
project, t.o the maximum extent
possible, the existence of the tax and
that the school district is the taxing
agency responsible for the financing
district.
-
EFFECTOFPROPOSED SCHOOL CONDITiON
REQUIRES EVIDENCE TO BE SUBMITTED PRIOR
TO APPROVAL OF ANY FINAL MAP OR PERMIT
THAT IMPACTS TO SCHOOLS HAVE MITIGATED
REQUIRES COMPLIANCE WITH GROWTH
MANAGEMENT PLAN AS IT RElATES TO
SCHOOLS TO THE MAXIMUM EXTENT ALLOWED
BY STATE LAW
ALLOWS THE DEVELOPER AND THE SCHOOL
DISTRICT TO NEGOTIATE AND DECIDE ON THE
APPROPRIATE MITIGATION FOR SCHOOL
IMPACTS
ALLOWS THE SCHOOL DISTRICT TO CREATE A
MELLO ROOS COMMUNITY FACILITIES DISTRICT
IF SUPPORTED BY THE DEVELOPERS
IF THE MELLO ROOS DISTRICT PERMITS A PASS-
THROUGH, ALLOWS THE CITY TO REQUIRE THE
DEVELOPER TO DISCLOSE THE TAX TO FUTURE
HOMEOWNERS TO THE MAXIMUM EXTENT
POSSIBLE.
h
ALEXANDER BOWIE* JOAN C. ARNESON WILLIAM J. KADI WENDY H. WILES
PATRICIA B. GIANNONE ROBERT E. ANSLOW ERIC R. DOERING KENNETH S. LEVY ART0 J. NUUTINEN
JANET L. MUELLER KIMBERLY A. McMURRAY
l A -ONAL COWOF‘ATlON
BOWIE, ARNESON, KADI, WILES & GIANNONE
A PARTNERSHIP INCLUDING A PROFESSIONAL CORFORATION
ATTORNEYS AT LAW
4920 CAMPUS DRIVE
NEWFORT BEACH, CALIFORNIA 92660 AREAcoDE TELEPHONE851-1300
FAX (714) 851-2014
nEF.oLRFilE
3042.10
November 9, 1993
City Council
City of Carlsbad
Carlsbad City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Zone 20 Specific Plan Project - SPA 203, LFMP 87-20(A), Program EIR
Honorable Members of the City Council:
This firm represents the Carlsbad Unified School District (“District”). The District
has approved entering into mitigation agreements with the various developers (“Developers”)
within Facilities Management Zone 20 (“Zone 20”) of the City of Carlsbad. This letter is
submitted in the event no such mitigation agreement is executed by the Developers.
This letter deals with the impacts which the Zone 20 Specific Plan project (the
“Project”) will have on the District’s school facilities and in response to Program
Environmental Impact Report prepared for the Project (the “EIR”). Existing development
within the area of the Project consists of about 10 single-family units and several agricultural-
related structures. (Source, EIR p. II-l). Buildout of the Project envisions the development
of a maximum of 2,062 residential dwelling units (“DUs”) within a 647 acre site within Zone
20. These units will also be built in an area entirely within the boundaries of the District
(source: Zone 20 Local Facilities Management Plan, page 103). We request on behalf of the
District that approval relative to the Project be conditioned upon execution of appropriate
mitigation agreements with the District.
The District objects to the EIR’s omission of a discussion of appropriate mitigation of
school impacts. For example, in Section 2.3, the EIR states that “it is envisioned that phased
development of the project site would include areas of residential, school and park uses.” In
BAKW&G/AB/AIN:adb554
-
BOWTE, hkRNESON, -1, WILES & GIANNONE
City Council - City of Carlsbad
Zone 20 Specific Plan Project Impacts
November 9, 1993
Page 2
addition, the EIR refers to the Zone 20 Local Facilities Management Plan (“LFMP”)
Performance Standard, which requires that “[s]chool capacity to meet the projected
enrollment within the zone, as determined by the appropriate school district, must be
provided prior to occupancy. ” The EIR then states that “Payment of school fees and/or land
dedication will be required for new development based on future adoption of a ‘School
Location Plan’ by the Carlsbad Unified School District.” See EIR page III-lo. The EIR,
however, fails to adequately address the issue of how areas of school uses envisioned by the
Project can be financed exclusively by the payment of school fees. The mere designation of
school sites and the payment of school fees do not constitute mitigation of school impacts,
absent a specific source of funding for the school sites which will make up for shortfalls from
the collection of school fees for school facilities costs.
Based upon a student generation factor of 0.5 per DU it is anticipated that there will
be 1031 students to be generated from the development of the Project (i.e. 2062 DUs times
0.5 students/DU = 1031 students). Based on an estimated school facilities cost of $6163 per
single family DU the Project will require additional school facilities at a cost of up to
$12,708,106. For purposes of example, the Project would generate $5443,680 in school
fees from residential development (if the District were to assess such fees on development
within the Project), or less than 43% of the total cost of schools required for the Project from
residential development alone, not including the number of students to be generated from
commercial-industrial development, using an average of 1,600 square feet per DU and the
District’s current residential school fee of $1.65 per square foot (since Proposition 170 was
not approved at the statewide general election of November 2, 1993, the residential school
fee has reverted as of that date from $2.65 per square foot to $1.65 per square foot). This
leaves a shortfall of $7,264,426. State funding to make up for the shortfall is unlikely.
There is an accumulated backlog of school facility projects on file with the State Allocation
Board in the amount of $4.0 - 5 .O billion dollars.
The LFMP currently approved for Zone 20 states that all schools within the District
are currently at capacity (Zone 20 LFMP, page 103). Current LFMP mitigation
requirements for conditioning development approvals within Zone 20 include conformance
with the City’s adopted performance standards within the zone, and the payment of school fees. As noted above, school fees are inadequate to finance needed facilities within Zone 20.
Therefore, we request on behalf of the District that any approval of the Project be
BAKW&GIABIAJN:an/6654
&~IE, &NESON, &WI, WILES &L GIANNONE
City Council - City of Carlsbad
Zone 20 Specific Plan Project Impacts
November 9, 1993
Page 3
conditioned upon requiring provisions for full mitigation of those school facilities impacts
upon the District.
Other mitigation programs which the Developers and the District may agree to include
the inclusion of the Project in a community facilities district, as discussed below.
. . . . . actlmes Dtstrrcts
On January 1, 1993, SB 1287 became effective. SB 1287 made changes to the school
facilities fees legislation which is found in Government Code Section 53080 et. and
65995 d. w. (“School Facilities Legislation”). Previously there had been considerable
debate between school districts, cities and builders regarding whether or not SB 1287
overturned the holdings in the ti, m and Murrie~ decisions, which stand for the
proposition that a city or county is not limited to statutory school fees when considering
adequate mitigation for legislative projects such as specific plans or zone changes. This
confusion has now been resolved in that the purported repeal of the holding of the Mira,
&& and Murriet;r decisions was legislatively terminated as a result of the rejection of
Proposition 170 by the voters at the state-wide general election of November 2, 1993.
Therefore, the City’s requirement for adequate school facilities consistent with its General
Plan Public Facilities Element and its Growth Management Plan is not limited to statutory
school fees when considering adequate mitigation for legislative projects such as specific
plans or zone changes.
Alternatively, it should be noted that subsequent to January 1, 1993, the effective date
of SB 1287, the Supreme Court rendered its decision in Grupe Development Company v,
Superior Court (February 11, 1993) 4 Cal.4th 911, 16 Cal.Rptr.2d 226 (“Grupe”] . One of the holdings in the Grupe decision is that a city or county has the authority to condition new
development on the use of Mello-Roos Community Facilities Districts (“CFDs”) to mitigate
school impacts. The Grupe decision is significant in that it acknowledges SB 1287 regarding
the ability of cities and counties to use CFDs for mitigation of school impacts.
The ability of the City to condition new development upon the use of CFDs to
mitigate school impacts is found in Sections 65995(a) and 65995(f). Section 65995(a)
provides that:
BAKW&GIABIAIN:ad6654
knm, LhNESON, KADI, WILES &I GIANNONE
City Council - City of Carlsbad
Zone 20 Specific Plan Project Impacts
November 9, 1993
Page 4
Except for a fee, charge, dedication or other requirement authorized under
Section 53080 . . ., no fee, charge, dedication or other requirement shall be
levied by the legislative body of a local agency against a development project .
. . for the construction or reconstruction of school facilities.
Section 65995(f) specifically exempts CFDs from the limitations set forth in Section 65995(a)
by providing:
Nothing in this section shall be interpreted to limit or prohibit the use of . . .
(CFDs) to finance the construction or reconstruction of school facilities.
This provision makes CFDs a feasible method of school financing in that they have been
specifically exempted from any dollar limitation for school mitigation. SB 1287 did not alter
the authority the City has to require school mitigation through CFDs was never altered by SB
1287, even prior to the failure of Proposition 170 to win approval of the voters.
Section 65996 also lends further support to this proposition and provides that CFDs
are one of the specific methods of mitigating environmental effects relating to the adequacy of
school facilities when the City is considering the approval of or the establishment of
conditions on a development. SB 1287 did not change the ability of the City to use CFDs as
a means of mitigation under Section 65996, and CFDs are specifically exempt from the
statutory dollar limits of Section 65995.
The Supreme Court’s decision in m is consistent with this position. In Grupe, a
voted special tax on new development for school facilities, “Measure C”, was challenged.
Measure C had been approved by the voters within the Chino Unified School District prior to
the 1986 legislation which authorized residential school fees originally at $1.50 per square
foot (“School Facilities Legislation”). The Supreme Court distinguished special taxes levied
by a CFD from the special taxes of Measure C. One of the Supreme Court’s key arguments
used to support its decision was that Measure C special taxes were included within the scope
of the limitations on “fees, charges, dedications, or other requirements” found in Section
65995 and that CFD special taxes were specifically excluded from the limitations of Section
65995. Grupe, pg. 2027. Accordingly, the Supreme Court held that the limitations of
Government Code Section 65995 applied to Measure C, and therefore Measure C was invalid
because the school district was also levying the maximum school fee allowed by Section
BAKW&GIABIAJN:d6
BOWIE, hNESON, KADI, WILES &L GIANNONE
City Council - City of Carlsbad
Zone 20 Specific Plan Project Impacts
November 9, 1993
Page 5
65995. It should also be noted that the Supreme Court’s decision was rendered while
acknowledging the enactment of SB 1287.
The holding in Grupe is a significant development with respect to confirming the
city’s ability to condition new development through the use of CFDs. The Supreme Court
denied review of the M.&J, m and Murrieta decisions, and this is the first time the
Supreme Court has addressed the issue of school facilities fees as authorized under
Government Code Section 53080 and 65995. Both before and after the effective date of SB
1287, the City has had the authority to condition new development upon the use of CFDs to
mitigate school impacts. The Supreme Court’s decision in Grupe lends additional support to
such authority.
C. Consistency With General Ph.
The City’s General Plan Public Facilities Element as well as the City’s Growth
Management Plan contain provisions which require availability of schools prior to legislative
approvals, including specific plans and zone changes. For example, the Growth Management
Plan as set forth in Section 21.90.030 of the City Municipal Code requires the approval of an
LFMP for each “facilities management zone” (such as Zone 20) established by the City
Council as a condition precedent to acceptance of any development permits. Each LFMP
must show how specified facilities and improvements, including schools, are to be installed
and financed, and must also establish an inventory of present and future facilities
requirements, a phasing schedule for installation or provision of such facilities, a financing
plan for funding the facilities, and a schedule of facilities requirements correlated to
individual development projects within each facilities management zone. The LFMP must
conform to general plan requirements and must also establish the proportionate share of
facilities and improvements costs attributable to property development, according to Section
21.90.110 of the City Municipal Code. The City’s resolution adopting and clarifying the
standards for LFMPs (Resolution No. 8796, adopted September 23, 1986) requires school
capacity to meet projected enrollment within each facilities management zone, as determined
by the appropriate school district, prior to projected occupancy. Absent a finding that school
facilities are adequate to meet projected enrollment, however, the City cannot proceed with a
development approval within a given facilities management zone (such as Zone 20), pursuant
to the pertinent provisions of the City’s Growth Management Plan.
BAKW&GIABIAJN:anl64
C
BOWIE, hNESON, &Ix, WILES & GIANNONE
City Council - City of Carlsbad
Zone 20 Specific Plan Project Impacts
November 9, 1993
Page 6
It should be noted that Government Code Section 65300.5, requires a finding of
consistency between a specific plan (such as the Zone 20 LFMP) and the City’s General Plan prior to approval of that specific plan. In order to fully mitigate the impacts from the Project
the District requests that the City further condition any approval of the Project by requiring
that the Developers enter into mitigation agreements mutually acceptable to the District which
fully mitigate the impacts to be incurred by the District as set forth above.
We would be pleased to provide you with any additional information you may require.
Very truly yours,
BOWIE, ARNESON, KADI,
WILES & GIANNONE
By:
Alexander Bowie
cc: Mr. Ron Ball
Mr. John Blair
Mr. Jack Henthorn
BAKW&GIABIAlN:ad6654
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Bow, ARNESON, KADI, WILES & GIANNONE A PAMNORSHIP m=UDpJo A P!Wt?SSlONN. CoRlORATlON
ATWtNEYSATUW
4nocAmPus Dluva
NSWPOWBMCH. chLRwNlA92440 ARXACOOB 114 lm5?HoNE6s1-1~00 FAX (714 a51*2w
3042.10
AlwoJ.lwurmEN
Irr)JCTfMUuuR ~YAbA.Y Novenibcr 9, 1993
City Council City of Carlsbad
Carkbad City Hal1 1200 Carl&ad Village Drive - - Carlsbad, CA 92008 .i.... . .
. Re: Zone 20 Specific Plan Project - SPA 203, LFMP &‘&20(A), Program ~.IR
-. / L, . Htilc Members of ti City Co&: .A 2”
This firm represents the Carlsbad Unified School Dis&t (nDistrict’t). The District has approved entering Into mitigation agreements with the various developers (“Developers”) within Facilities Management Zone 20 (“Zolie 20”) of the City of Carlsbad; This letter is submitted in the event no such mitigation agreement is cxccutcd by the Developers,
This letter deals with the impacts which the Zone 20 Specific plan project (the
“Reject”) will hav6 on the District’s school facilities and in response to Program
Environmental Impact Report prqared for the Reject (the “EIR”). Existing. development
within the area of the Rojecz consists of about 10 single-family units and several agricultural-
related structures. (So-, EIR p. IN). IBuildout of the Project envisions the development
of a maximum of 2,062 residential dwelling units (“DUs”) within a 647 acre site within Zone
20. These unita will also be built in an area entirely within the boundaries of the District
(source: Zone 20 Local Facilities Management Plan, page 103). We request on behalf of the
District that approval relative to the Project be conditioned upon execution of appropriate mitigation agreemenu with the District.
A. School
The District objects to the BR’s omission of a discussion of appropriate mitigation of school *acts. For example, in Section 2.3, the EIR states that “it ti envisioned that phased development of the project site would include areas of residential, school and park uses.” In
r II;‘,: :I”: ‘32 :<: :: El;, :-:A, zcs, I-,’ , _-- -c_- P.3 7
BOWIE, ARN]ESON, -1, WILES & GUNNONE
City Council - City of Carlsbad Zone 20 Specific Plan Project Impacts November 9, 1993 Page 2
addition, the EIR refers to the Zone 20 Locai Facilities Management PIan (“LFMP”) Performance Standard, which ‘squires that “[s]chool capacity to meet the projected enrollment within the zone, as determined by the appropriate school district, must be
provided prior to occupancy. ” The EIR then states tit “Payment of school fees and/or land dedication will be required for new development based on future adoption of a ‘School
Location Plan’ by the Carlsbad Unifkl’School District. ” See EIR page III-lo. The PIP, however, Fails to adequately address the issue of how areas of school uses envisioned by the Project can be financed exclusively by the payment of school fees. The mere designation of school sites and the payment of school fees do not constitute mitigation of schooi impacts, . absent a specific source of funding For the school sites which will make up for shortfalls fkom the collection of school fees for school facilities costs. .
c Based upon a student generation factor of 0.5 per DU it is anticipated chat there will
be 1031 students to be generated from the development of the Project (i.e. 2062 DUs times 0.5 smdents/DU = 1031 students). Based on an’cstimated school fai5lities cost of $6163 per single family DU the Project will require additional school facilities at a cost of up to $12,708,106. For purposes of example, the Project would generate %5,443,680 in school Fees from residential dcvciopment (if the District were to assess such fees on &vcloprnent within the Project), or less than 43% of the total cost of schools required for the Project from residential development alone, not including the number of students to be generated fkom commercial-industrial development, using an average of 1,600 square feet per DU and the District’s current residential school fee of $1.65 per square foot (sinct RopSsition 170 was not approvcd.at the statewide general election of November 2, 1993, the residential school fee has reverted as of that date from $2.65 per square foot to $1.65 per square foot). This leaves a shortfall of $7,264,426. State fzlncllng to make up for the shortfall is unlikely. There is an arrmmulated backlog of school facility projects on file with the State Allocation Board in the amount of $4.0 - 5.0 billion dollars.
T&’ LFMP currently approved for Zone 20 states that all schools within the District
are currently at capacity (Zone 20 LFMP, page 103). Current LSMP mitigation iequkements for conditioning development approvals within Zone 20 include conformance
with the City’s adopted performance standards within the zone, and the payment of school
fees. As noted above, school fees arc inadequate to finance needed facilities within Zone 20.
Therefore, we request on behalf of the District that any approval of the Project be
BCWIE, hNESON, &I& WILES’& GIANNONE
City Council - City of Carlsbad Zone 20 Specific Plan Project Impacts November 9, 1993 Page 3
conditioned upon requiring provisions for till mitigation of those school facilities impacts upon the District.
Other mitigation programs which the Developers and the Distict may agree to inch& the inclusion of the Project in a community facilities district, as discussed below.
B.
On January 1,. 1963, SB 1247 ~W+X effective, SB 1287 made.changes to the school
facilities fees legislation which- is fokxi iu -&vex-n&xx Co& hcti6n 53080 et; and
65995 a,. SM. (“School F+lities Legislation”). Previously there had been considerable
debate between s&&A districts, cities&%i builders regarding whether or not SB 1287
overturned the holdings in the .&&a, m and m decisiog, which stand for the
proposition that a city or county is’noi Ii@+ W statutory schdol fees wh@ considering adequate mitigation for ~cgiAati~~~projects’~h~ks specific p&Us or 20% ,changes: Tl$s.--
confusion has now been t’esol~ed ii~ that the pqq?d rep* of the holding of the Mita w and Murritta decisions wa% IegisIatively ttr&m&d as a result of the rejection of Proposition I70 by the votes at the state-w& gqyral election of November 2, 1993. Therefore, the City’s ~quircm&, for @@ii&k school facilities con&tent with its G&teral Plan Public Facilities Elemex$ +i i& Growth Manage@% Plan is r&t limited to stamrory school fees when considering adepte mitigation for legis&ive projects such as specific
plans or zone changes.
Alternativciy, it should k-noted tit subsequent to Jannary 1, 1993, the effective date
of SB 1287, the Supreme Court r’cndercd iti decision in a ._,. 0~ (February 11, 1993) 4-CaIAth 9’11, 16 ~al.Rptr.2d 226 (“OruDe”) . One of
the holdings in the m decision is that a city or counQ has the author@ to condition new
development on the use of MellolRk Community Facilitks Districts (“CFDs”) to mitigam school impacts. The m decision is significant in that it acknowkdgcs SB 1287 regarding the ability of cities and counties to use CFDs for mitigation of school impacts.
The ability of the City to condition new development upon the u&&f C&l% to mitigate school impacts is found in Sections 65995(a) and 65995(f). Section 6S99Xa)
provides that:
&WI& LiRNESON, -1, WILES 6r GTANNONE
City Council - City of Carl&ad
Zone 20 Specilk Plan Project Impacts November 9, 1993 Page 4
Except for a fee, charge, dedication or other requirement authorized under Section 53080 . . ., no fee, charge, dedication or other requirement shall bo levied by the legislative body of a local agency against a development project . . . for the consuuction or reconstruction of school facilities.
Section 65995(f) specifically exempts CFDs from the limitations set forth ‘in Section 659&a) by providing: .,
’
Nothing in,this section shall be interpreted to rit or prohibit the use of . . . (CFDS) to fhancc the COnsaUcdon~ or r~b;iistWtiori~of@io@ fkilitief. ., 1 . ..~ __I
This provision makes CFDs a feasible metbod’tif %h;bal financing in that they have been
. specifically exenrptcd from any dollar limitation for schoql mtigation. SBz 12.87 did not.altcr
the authority the City has tb require school r&gatio$n%u& CPDskIa never at&red by SB
1287, even prior to the failure of Propos~~ti 170 to wm~~pproval of the voters.
Section 65996 also hdsi further support to this proposition and provides that CFDs d.72.. .,.. are one of the specifk &hods of initigating _envjr0nmcntal eff&cts relatiq to ‘he ad+QjTy of school faciliti& w&B the City -Is considorin~ the‘apprkl of i;iz th~establishmetit of conditions on a deveJopmen& .SIB 1287 did not ?un@ tJe ability #-@‘C~Q to use CFDs as’
a means of mitigation under &don 65996, and CF@“&.re specifI+l~ e~cmptfroti the _ ’ statutory dolku&ni$o~S+t+&95;~~ -:A -- ..I* -= ;c;; - ;--;:; -_ . - -I .-- _ ~ -i
The Supreme Court’s‘dq&&~ in &j& is consi&~~* t$ p&tioxi~ %i m, a voted special tax on new devebpmmt for &&I fk&i&; “MA$asyre C~~‘~~&&ailbged. Measure C had been approved by the voters within WC&o U$fi&i +I@1 District prior to
the 1986 legislakn wlsikh auth&zed res~d+@Qchool .fe’2s’ otij$iWlly-at $1.50 per square
foot (“School FaciEdcs Legislation”), The Supreme Court distipguished special taxes levied by a CFD fi-ozn the q&al taxes of Measure C, One of the Supreme Cq~~rt’s. key quments
used to support its decision was tit Measure C s~ti-kxe~.,$erq inclii&d’%vVhin the scope of the limitations on “fees, charges, dediqtiq@, or other requiregent? found in. Section 65995 and that CFD speda taxes were qWfically~ ~xch$Zd‘ikom the lirnitat+s of Section
65995. m, pg. 2027. Accordingly: tl&Upr~~Co~lWd &at the limitatioqs of
Government Code Section 65995 applied.to ?vlF&re C,-$ti theitfi%eMea&e C was invalid because the s&A district was aIso levying th& m&nkm k?&oi’ fee allowed by Section
rI’L’/ 0’3 ‘33 lG:ii srv; ;Li,,zfl.;dAI r .3x I‘
&WI& hNE!WN, &I, MOLES 6r GIANNOM
City Council - City of Carlsbad
Zone 20 Specific Plan Project ImpaCt
November 9, 1993
Page 5
65995. It should also be noted that the Supreme Court’s decision was rendered while
acknowiedging the enactment of SB 1287.
The holding in m is a signifkant &&lopment with respect to confirming the city’s ability to sedition new development through the use of CPDs. The Supreme Court
denied review of the b&a, I and &k&ta decisions, and this is the fmt time the Supreme Court has addressed the issue of schooi facilities fees-as authorized under
Government Code Section 53080 and 65995. Both before and after the effective date of SB 1287, the ‘City has had the authority to condition new development upon the use of CFDs to mitigate school impacts.. The Supreme Courtknrcirian in-m lenda additional support to
. such authority. . .____ - .:- .,..: _-_e .-,-,A
. c, cI!m&&y with Rlleauh I : - _ .._. _ *r.- .
The Cityls -Geperal Plan Public Facilities Element-as weti ‘jcs aa- City’s Growth
M&gement Plan contain provisions which requkxvailabiiityaf schools prior to legislative
approvals, including specific plans and zone changes..-For example; the Growth Management Plan as set forth in Section 2UO.030 of the Cig Municipal Code requires theapproval of an LF’MP for each “facilities management -zone! (snctr- as Zone 20) establishe4 by-t& city, Council as a colpditiop precedent to acceptance of any -development permits, Each LPMP
must show how specified facilities atzd improvements, including schools;are to be installed and financed, and must also cstabliah an inventory of present and future facilhies . - .
requirements, a phasing s&dule-for installation or provkion of such facilities, a fwing plan for fundii the faciEtiesi and-r schedule of-facilities rcqtkementscoErelatecl to individual development projects within each facilities management zone. The LEAP must conform to general plan requirements and must also establish the proportionate share of facilities and imp~vements costs attributable to property development, according to Section - 21.90.110 of thb City Municipal Code, The City’s resolutiorr adopting4ndxlari.&ing the
standards for LFMPs (Resolution No. 8796, adopted September 23, 1986) requires school capacity to meet projected cnrolhnent within each facilities management 20n0, as determined by the appropriate school district, prior to projected occupancy. .Absant a finding that school facilities are adequate to meet projected enrolhnent, however, the City cannot proceed with a development approval within a given facilities management zone (such as Zone 201, pursuant to the pertinent provisions of the City’s Growth Management Plan. :... ..:.;., .i-
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rod 09 ‘33 16:lJ Xk; .-r45:.~91J F, 7,*7
Bowm, ARNESON, Km, WILES & GUNNONJZ
City Council - City of Carlsbad zone 20 specific Plan Project Impacts November 9, 1993 Page 6
It should be noted that Government Code Section 65300.5; r&k a finding of consistency between a specific plan (such as the Zone 20 LFMP) and the City’s General Plan prior to approval of that specific plan. In order to My mitigate the impacts from the Project the District requests that the City further condition any approval of the Project by requiring that the Dcvcloptrs enter into mitigation agreements mutuallyacceptable to the District which
fUly mitigate the impacts to be incurred by the District as set forth above.
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We would bc pleased to provide you with any additioti information you may require. _ _ . ..-.. i..
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Mr. Jack Her&horn . . . . . ,’ . c, .” ,i -.z .~_. ‘1 ,.-.i
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EVON GARDENS
6525 El Camino Real
Carlsbad, California 92008
(619) 931-8487
DATE: vovmber 9, ‘_333
MEMO 33: Cit\r Council; I City of Czlsbad, California
FROM= . ~v~elynE.WKinney, EvonGardens
SUEUECT: Respcnse to Public Fearing on "mific Plan.for Zone 20
My topic is the proposed aliment for Poinsettia Lane and for a charge of pace, I'm going to use visual.
Picture #l is a m of the Preliminary Alignment Study for . Poinsettia Tane .provicW by the city engineers. It's dated Sept&xar 9, 1987. To help you establish the logtion that is being discussed, I highlighted 1. the water tanks, 2. mjuan House, 3. Cardosa residence, and 4. the present dirt road. This response is in regard to the McKinney property located within the red marks on Picture #l. Please note two tentative locations of Poinsettia TLane, the southern location, and the other the northern location. Another iten of interest - notice at the point near the edge of the water Wers the elevation is 380 feet, at the edge of Poinsettia it is 360 feet and the level of Poinsettia is 320 feet, That is 40 foot lower and with the grade decreases to 30 foot leer. That mans we have a 30 to 40 foot cut at the north side of my property for Poinsettia Lane.
Picture #2 is an enlarged view of my nroperty. Please be advised this is not drawn to scale, but enlarqed t?e best that is possible by an arrateur, usina an engineer's ruler and measurments fran the previous map. My nroperty measures 646 feet from west to east and 313 feet frcxn north to south.
Picture ft3 shclws the locations of mv areenhouses. The cleared area has no greenhouses or farminq on it as it is soJ.id rock and cannot he famed. Part of the cleared area is oarkinq lot, also extreemly solid and Door soil. Rot able to be used for farminq. To the left, the east/west cleared area is our pronoqatinq house where we propocrate our M carnations and raise orchids, which, bv the way is also an endanqerec! specie and has been for years. F!e raise orchids, standard carnations, mini carnations, delphinimums, snapdraqons, spray roses, lilies and various other bulb crops utilizinq this entire location.
Picture 84 is the prcposed aliment of Poinsettia Lane. If you put it north of my propew that is the 1967 aliorrnent. sunebody must have decided that is too far north. If you put it south, you have the southern alicmment. Sun&&y must have decided that is too far south. If you move a little north, you have the location of the northern alionment. We have no exact coordinates so it can be lTlDved a little one way or the other, but in keepinq with the Specific Plan nronosal we must leave it where it is in this picture. Vaybe this road should have been named "the !Gnderinq Lane".
j.lrsTRIBuT&J 7-D mq&JclL puq rfJG I+?/93 LwdrJcIC ~EWlrJ6.
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In Picture #dthe black area is the right of way -- the pavement
etc. The crossed part is 50 foot of easement 01 each side for env&mntal planting, gradient etc, and please note the cut is so deep on the east side of w property the gradient is larger than the easgoent. This is using the Carl&ad standard of 2 to 1 for gradient and a 6% grade. This is only representing a 20 foot cut, but if the previous map is followed, - remm- ber I pointed out fran the existing grade to the road is 360 to 320 or 40 foot. That would make this easenmt look like Picture #d. It just increases the amountofmy Mluablepropertythatwillbetaken.
Picture #v is Black Rail Road entrance to Poinsettia. Please note in #& the right of way is solid black and the checked is easmt because of a gradientreguiredby a cut of 20 foot. If the cut is 40 foot as shcmn for Poinsettia, and of course the two.rtmst mtch, then it would look like Picture #y. We call this the "shri.nki~~cKimey property".
Picture#bsbs theexistingroadtothesmthof us and it's . easerkant in picture 818.
As you can seemostof rfiypropertyis destroyed. We have far less than 50% of our fertile grawing gra@ left, all of our propagating house is qone and we propogate over 300,000 carnation plants a year there. It cannot be moved and to buy rooted cuttings is prohibitive in cost. The orchid house is gone, an environmental area for an endangered specie. The length of rrost of the raMinino greenhouses would be around 100 feet or the size of five regular cars parked bumper to m. Certainly not enough to con- tinue cuanercial flower grawing. The deversified crops cannot be continued as there is not enough roun left. In today's market you must be deversified to cover the wfiole spectrum of the seasons. We cannot use what is left as it is solid rock or non-fertile soil.
Carl&ad has prided itself on being the Flmer Capital and they want to preserve the farmlard and their flower industry. In approximately five years you have gone fran about 100 acres of standard carnations in Korth County dm to 9 grmers and of those 9 standard carnation grmers, 5 are in Carl&ad. The majority of those 5 growers are our size and smaller. We are only 5 acres. You can see hm many acres have been lost for the standard carnaticn flower production in Car&bad. You are rapidly FORCING the flower grrxers out and the standard camatian grmer is a good example.
The visual conception is so graphic, I am sure everyone on the Council and in the audience of the hearing can fully understand OUT position. If you approve this plan and ir@ement it, I do not have enough property left to continue my present operations.
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NOVEMBER 8, 1993
TO: CITY MANAGER
FROM: City Attorney
ZONE 20 SPECIFIC PLAN/SCHOOL FACILITIES
Following our further study of this issue on Monday, November 8, 1993, I suggest a condition for this project worded substantially as follows:
"The developer or property owner shall obtain a letter from the Carlsbad Unified School District indicating sufficient school capacity is available to serve the proposed development prior to approval of any final map, grading permit or building permit whichever first occurs. This may require the developer or property owner to enter into a mitigation agreement or participate in a community facilities district or pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended, to finance schools. Any such mitigation agreement or financing scheme shall conform with the City's approved growth management financing system, including Council Policy Statement No. 38, and including all planning and
aeveloper or property owner agrees to paits ti implementation policies and standardsc?L ' I Lll=
m financing mechanism or enter into a mitigation agreement with the Carlsbad Unified School District which is inconsistent with the above city policies, then the developer or property owner shall submit documentary evidence satisfactory to the city attorney and the planning director that disclosure to the fullest extent allowed by law is made to the effect that the taxing agency and the proceeds of such taxes insure to the benefit of the Carlsbad Unified School District ,I and not to the City of Carlsbad."
I appreciate your continued inter '
0
this matter.
.
RONALD R. BALL City Attorney
afd
c: Planning Director
A
3 SENT BY: CITY OF CQRLSBQD - ., : 9-14-93 3:56PM : 6 .380894+ 619 720 9461;# 2
Carl&ad Unified School District
801 Pine Avmua, Carlsbad, California B2008*2430 (61s) 729.8291 FAN (6 19) 729.B685 “, , , Where All Studenta Learn Exellently’
September 14,1993
Mr, Michael Holzdller Planning Director C=ityCXa&bad ’ 2075 Las Pahnas Drive C&bad, CA 92009
Subject: Request For Contimance - Council Agenda Item AB W12,393
Dear Michael,
Carlsbad Unified School District requests that until issues relating to school facilities in LFMP Zone 20 are resolved, item AB #12,393 Zone 20 Specific Plan on
tonight’s City Council agenda be continued. Please refer to the attache& letter commenting on Zone 20 application documents and the letter stating our position in Zone 7,
Sincerely, -
SENT BY:CITY OF CFIRLSBQD -v. ; g-14-93 3:57PM ; 6 -1380894+ 619 720 9461;# 3 .
Carlsbad Unified School District
801 P&e Avvmue, Carlsbad, Calif6ynia 92008.243Q (619) 72QWQf FAX* (619) 7294~68811 ‘! . . When, AU ,&kuimta JLXJJW ErceUenW
September 14,1993
Mr, Michael Holzmiller Planning Director City M Carl&tad
2075 La8 Palmas Drive CarTsbad, CA 92009
Dear Michael,
The following comments are based on our review of documents provided to Carlsbad Unified School District by the City Of Carlsbad staff on August 4, 1994:
l Local Facilities Management Plan Zone 20 - Rmiwd May 1993
l Zone 20 Specific Plan - Revised May 1993
l Final Pro- Bnvimmnental Xmpact Report
For Zone 20 Specific Plan Project l June 1992
’ CT 92-1, PUD 92-1, Abada Tentative Map
Planning Commission approved the documenta on June 16,1993.
Lo& Facilities Management Plan (LFMP) Zone 20
General Comment The LFMP for Zone 20 is a product of the Pubk Facilities Element of the General Plan and the 1986 Growth Management Ordinance. Schools are identified as one of the eleven public facilities that establish an or\going service level requirement through the adoption of specific pttrformance standards. The school performance standard states “School capacity to meet projected enrollment within the zone 11s determined by the appropriate school district must be provided prior to projected occupancy H. Since the General Plan designates a floating school site in’ Zone 20, the need for a facility has been identified.
General Condition 10 on page 9 from the LFMP states “Approval of any discretionary permit is contingent upon the provision of adequate public facilities to satisfy the ‘Public Facilities Element of the General Plan “. Currently, there is no financing guarantee for school facilities
septtmber 14, 1993 1 Zone 20 Application Revkw
SENT BY:CITY OF CQRLSBkD I ; 9-14-93 3:saPM ; 6.T380894+ 619 720 9461;# 4
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in Zone 20. If the city intends to approve the LFMI? without resolution of the school issue - then an analysirr should be provided which analyzes the impact of Zone 20 growth on the only existing facility in the area, Aviara Oaks, and the increase of dwelling units and student yield from planned and future low cost housing south of Falomar Airport Road (Zone 21, Zone 20, & Zone 9).
.
specific comments Exhibit 11, on page 25, does not accurately allocate the minimum total acres required for a K-8 school facility as shown on Exhibit 8, page 21. It is currently shown on the constraints table as an elementary school at 8 acres, however, Carlsbad Unified School District (CUSD) requires a 20 acre minimum K-8 fadlity.
Page 164, Financing Chapter, regarding the financing guarantee for school facility states ’ . ..dze developer shll pay tzppkable spscinf tuxe~ of the proposed, Carl&ad Unified School District (CUSD) Community Facilitks District No. 2” (CFD #2). Since the CFD failed CUSD CFD #2 i8 no longer a financing option.
CUSD is currently pursuhg a new Community Facilities District (CFD) for facilities in Local Facilities Management Zone 7, It is expected that this cotme of action will also be pursued in Zone 20.
Zone 20 Spedfic Plan
General Comment Zone 20 Specific Plan Goal number 1, on page 9 states, “Ensure
development confbrms to all aspeck of Cwlsbud’s General Plan, Zone 20 Local Fukilitie~ Management Zone and all applicable city ordinances,
regulations and poli&s ‘. Number 2, “Ensure that public facilifia and
services that serve the Specific Plan area meet applicable City standards
and requirements prior to, or 1 concunent with, development “.
Based on city p@icy, school facilities are identified as a public facility in the City General Plan and Growth Management Ckdinance. Currently, the District has no assurance for provision of planned school facilities. CUSD is pursuing a new Community Facilfties District (Cm)) for facilities in Local Facilities Management Zone 7. It is expected that this cows 6f action will also be pursued in Zone 20.
September 24, 2993 2 Zone 20 Aflptication Reuiiw
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SENT,BY:CITY OF CQPLSBQD - ; 9-14-93 3:59PM ; E- 13s0s94+ 619 720 9461;# 5
Specific COmment Chapter VIII, page 106, paragraph 3 states, “The C&bad Unified S&&9 L&t&t is interested in a potential future elementary school site within . Zone 2p Specific Plan “. The Carlsbad General Plan shows a K-8 floating school site in Zone 20. This e&on should say “The Ca~Isbad Unified School District plans a K-8 school site within Zotz~ 20 Specific Plan ” (see Chapter I, page 12, number 4. Schools).
Final Program Envimnrnental Impact Report For The Zone 20 Specific Project Area
Geneml Comment The General Plan and growth management regulations regarding school adequacy have implications on the CEQA review process. Given that facilities are at capacity with no guarantee of financing currently available, there will be an umitigable significant environmental impact created by the proposed development. This impact should be idendfied and discussed in the EIR.
CUSD is currently pursuing a ‘new Community Facilities District KYD) for facilities in Local Fadlitier Management Zone 7. It is expected that this couxse of action w!lI also be pursued in Zone 20.
Spedfic Comment 3.7.1.2 Land Use Plana and Polides 3.7.1.2.1 Carlsbad General Plan Land Use Element The analysis in the EIR appears to be based on the old General Plan Land Use Map, this was amended to show the new (1989 CUSD School Location Plan) plan for schools, a General Plan Amendment was adopted on July 7,1993, Resolution Number 92-206.
Paragraph 1, reference to figure 3.7-2. The graphic needs to be updated per the LPMP Exhibit 8, on page 21, or from Exhibit 3, page 7, in the Zone 20 Spedfk Plan, Only one floating school site (K-8) should be designated in Zone 20,
Paragraph 2, the last two sentences discuss 2 school sites. This is apparently based on the old General Plan and should be corrected.
3.11.2.10 Schools .
septnber 14, 1993 3 2imc 20 Appliedon Review
SENT BY:CITY OF CARLSBQD : 9-14-93 3:59m ; _- 6~4380894+ 619 720 9461;# 6
Page I&110, iast sentence, should read; “&cause of the failure of
District CFD #2, CUSD is no longer in a position to provide adequate
facilities short term or Zong term”,
Tentative Map for Co&Do Sol. Aharan Abada Parcel cT!u-1 PUD 92-l
Comment
As s&ted in the Carlsbad General Plan Land Use element, “...ptoposed
site3 to be confirmed &y the school district at time of development”, or from the hrblic Facilities element, “In order to implement thi8 Gene-A Plan, it will he necessary to carefully administer the su&dWion and
zoning process to insure that all necessary public services are made
nvnilnble concuwent with need “.
In addition , tie Pub& Facilities Element also states, “The existence of
adequate public facilities and w&es must be established prior to nny discretionaq actiom by the City of Car&bad, including, but not limited
to,...tentative subdiv@fon maps”. Carlsbad Unified School District has identified the Aharon Abada parcel for a future K-8 school site.
If you have questions regarding our comments, please call me at your convenience.
.
scptmbcr 14, 1993 Zone 20 ApplIcotfun Review
SENT BY: CITY OF CQRLSBQD
-. jA; 9-14-93 4:00PM : d- :380894+ 619 720 9461: # 7
Carlsbad Unified School District
601 Plna kanue. Catluba4 Cdltornh 026684139 {ND) 72942!1 FAX# (nre) 7994W3 ‘. . , ~rt?rs.~l~ ~~uck~lo kt?fi &$il#nttr’ c.
September 10, 1993
Mr, Michael HolzmWer Plannl'ng Director CSty of Carl sbad 207! Las Palmas Orfve Cerlrbad, CA 92009
Dear Mike:
In furtherance of my letter of June 8, 1992, on behalf of thr Carlsbad U&Yed School District, I must inform yau that Lyon Communltios, Inc. and the District have not fSnal+zod an agreement fer the acquisWen of the Vfllage S school site w'lthln the Zone 7 Local Facllit4es Management Plan,
Estebllrhknt by thr DIstrlct of a Mello-Rags Community Facflftirs Dfstrict (CFO) has always beeti an essential In redtent of the prior negot!at3ons, In fact, the latest draft of an agreement exe angod between the parties contained an agreement R by L on to partlclpate in the CFtL As you know, thr Oistrlct9 proposed CFD #2, whit i would have included Zone f, as well as ell other undeveloped areas withln the Cfty/District, was defeated In an election held June 22, 1993,
In the absence of rn agreement between Lyon and the District, questions arise as ta whether the City9 General Plan, Growth Management Plan, and the Cal avera Hills Master Plan have been compllrd with as relates to school facllitles as set forth In Ordinenca No. N-S-255 now pending before the Cfty Council, It is tha Dlstrict'g understanding that the City Council will defrr action on Ordinrncs No. NS-255 or 4 stmllar document until an a reement Is finalised, lf the Diotrlct~s understanding Is ~nccrrett, It should District at this time. 1 (I understood that Ts the request of tha
A further negotlatlon session is set for September 15, 1993, and the Oistrlct’ will propose a CFD for the Lyon property (Zone 7) as the ultimate fundlng source, allowtn 1 the D!strict to acquire V'lllage 5 and provide adequate school facWt es, I shall keep you apprised of furthor developments In the negotWlons, I
* Slncsraly,
John H, 81alr Assjstant SuperWendent Business Servicer
RH:nJi
CC! Gary Tarqulnlno. Lyon Communitiet, Inc. MIYC Parrlmm, Lyon Communttiss, Inc,
SENT BY: CITY OF CARLSBQD ,- : 9-14-93 4:01PM ; Ep=ii80894+ 619 720 9461;# 8
v , ,, I, .
4. m w A’JIAM SE DWELQWLNT PI ANS - MP lnll),
To consider a request for a Master Plan taxt amendment to allow the Planning Commission to approve rite development plans for residential developments with 54 , or more units wlthin the Aviara Master Plan, In Local Facilities Management Zone 19,
Resolution No. M-259,
COUNCIL )I .<i;
AGTION: , m
5. A6 #12,383 l ZONE 20 SPECIFIC PI AN - SP--IR 8131LFMP $F?O(A), To consider certlflcatlon of a program Environmental Impact Report, and a rsqueet for
approval of a Specific Plan and an amendment to the Local Facilitler Management Plan . for Zone 20, on a 640 acre site containing 52 separate pa&s, on property gonoraiiy located south of Palomar Airport Road, west and north of the Aviara Mastor Plan community, east of Paseo Del Norte, Resolution No, 93230. inW#WctlOn of Ordinance No. NS-257, COUNCIL ACtION;
DEPARTMENTAL AND CITY MANAQER REPORTS,
8a L APPAOVAt OF
To receive a report frdm staff on the statue of the Community Facllitlee District krmatlon process for CFD No. 2, and to consider approval of a farm of agreement ,a ,, which will allow certain property owners to prepay their obligation for Ranch0 Santa Fe and Ollvenhaln Roads, and to consider approving the prepayment agreement between the City of Carlsbad and Californle Pacific Homer) and authorking the Mayor to execute. the agreement, Resolution No. 93-262. COUNCIL
ACTION;
7, A6 W2.394 -A &NDMENTTO PBS CONTRAGT FOR~TRUCTOFiMFE(3UARQ SIFICATlOi$
To conslder amending the PubtIC Employeou’ Rotlroment Sy&tom (PERS) contract to exclude the Ssnlar Inetructor/Lifeguard posltlonr from mandatory PERS membershIp, Pesoijion vo. 83-281. Introduction of Ordinarke No, k-258,
COUNCIL 8
ACTION:
8, A6 #l? 384 - HISTORIC PRESERVATION COMMISSION APPOINTMENTS. To conrrldrr appointing two members to the Historic Preservation Commission, Resolution Nos, W-214 and 93250. COUNCIL ACTION:
i
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carlsbad SUN
Decreed A Legal Newspaper by the Superior Court of San Diego Counl
Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. 2841 Loker Ave. East, Carlsbad, CA 92008 (619) 431-4
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitle
I am principal clerk of the printer of the Carlsbad Sun, a newspaper of general circula
published weekly in the City of Carlsbad, County of San Diego, State of California, and wh
is published for the dissemination of local’news and intelligence of a general character, and 1
per at all times herein mentioned had and still has a bona fide subscription list of paying st
which newspaper has been established, printed and published at regular intervals in th
Carlsbad, County of San Diego, State of California, for a period exceeding o
NOTICE OF
PUBLIC HEARING ZONE 20 SPECIFIC PLAN EIR 90-03/SI'-203/LFMI'87-20~A~
NOTICE IS HERICHY GIVEN thal the City Council of the City of Carlsbad will. hold a public hearing at the City Council Chamhcrs. 1200 Carlshad Villaw Driw. Carlsbad. California. at 6:OO P.M.. on TUC+ day. Novcmbcr 9. 1993. to consider a rc- quest for certification of il Program En- vironmcntal Impact Report: and a request for approval of a Specific Plan and an Amcndmcnt to the Local Fwilitics Man- agement Plan for Zone 20. on a 640 acre site containing 52 separate parcels. un property generally located south of I’alo- mar Airport Hoad. west and north of thr Aviara Master Planned Community. easl of Paseo Del Norte. and more particularly described as: Portions of lots G and II of thr Rancho Aqua Hcdionda Land Grant. Map No. 823. a&l portions of Sections 21. 22. and 28. ,‘Tbwnship 12 South, Itangc 4 West. ’ , ff you have any questions regarding (his ‘matter. plcasc call Brian Iluntcr in the Planning Department. at 438-1161. cxtcn- sion 4457. If you challenge the Environmental Im- .pact Report. Specific Plan. and or Local Facilities Management Plan Amendment in court, you may be limited toraisinr!onlg those issues raised by you or someone clsc at the public hearing described in this notice. or in written correspondence dcli- vered to the City of Carlshad Cilg Cl&k‘s Offtce at. or prior to. the public hearing. Applicant: Jack Henthorn & Associates CITY OF CARLSHAD CITY COUNCIL
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Larlsbad SUN’
Decreed A Legal Newspaper by the Superior Court of San Diego Coun
Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. 2841 Loker Ave. East, Carlsbad, CA 92008 (619) 431-C
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitl
I am principal clerk of the printer of the Carlsbad Sun, a newspaper of general circula
published weekly in the City of Carlsbad, County of San Diego, State of California, and WI
is published for the dissemination of local‘news and intelligence of a general character, and
per at all times herein mentioned had and still has a bona fide subscription list of paying s
which newspaper has been established, printed and published at regular intervals in th
Carlsbad, County of San Diego, State of California, for a period exceeding a
NOTICE OF PUBLIC HEARING l ZONE 20 SPECIFIC PLAN EIR 90-03&P-203/LFMP87-20(A)
NOTICE IS HEREBY GIVEN that the C!iy.; Council of the City of Carlsbad will hoid a public hearing at the City Council Chsmbers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 P.M.. on Tues- day, September 14, 1883, to consider a re- quest for certification of a Program En- vironmental Impact Report; and a request for approval of a Specific Plan and an Amendment to the Local Facilities Man- agkment Plan for Zone 20. on a 640 acre site containing 52 separate parcels, on property generally located south of Palo- mar Airport Road, west and north of the Aviara Master Planned Community, east of Paseo De1 Norte. and more particularly described as: Portions of lots G and H of the Rancho Agua Hedionda Land Grant, Map No. 823. and portions of Sections 21, 22, and 28. Township 12 South, Range 4 West. Ifyou have any questions.regardingthis matter, please call Brian Hunter in the Planning Department, at 438-1161, exten- sion 4457. If you challenge the Environmental Im- pact Report, Specific Plan, and/or Local Facilities Management Plan Amendment incourt.you may be limited to raisingonly those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence deli-
CITY COUNCIL U 6244: September 2. lBs3
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Clerk of the Printer
(Form A)
TO: CITY CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice ZONE 20 SPECIFIC PLAN -
SP=203/EIR 91-03LLFMP 87020tAa for a public hearing before the City Council.
Please notice the item for the Council meeting of
Thank you.
MARTY ORENYAK
Assistant City Manager
Attachments
AUGUST 12, 1993
Date
PLEASE PUBLISH IN 2
PAPERS: BLADE / SUN
(l/8 Ps, Display Ads>
*Citywide Project
-ITY OF CARLSBAD - AiiNDA BILL
48 # TITLE: ZONE 20 SPECIFIC PLAN - UlTG. SP-203/EIR 91-03/LFMP 87=20(A) IEPT. PLN CITY MGR.
3ECOMMENDED ACTION:
Planning Commission and staff are recommending that the City Council ADOPT Resolution
No. . CERTKYING EIR 91-03 and APPROVING LFMP 87-20(A), as approved
by the Planning Commission, and INTRODUCE Ordinance No. , APPROVING
SP-203.
ITEM EXPLANATION
On June 16, 1993, the Planning Commission conducted public hearings on and
recommended approval (5-l) of the Zone 20 Specific Plan. The project requests the
following discretionary approvals:
1. ,The certification of an Environmental Impact Report for the Specific Plan and Local
Facilities Management Plan. EIR 90-03 addresses the foreseeable environmental
impacts on site.
2. The proposed Specific Plan which provides a framework for the future development
of the vacant properties within Zone 20 as defined by Government Code Section
65451 and coordinates the planning and engineering requirements of multiple
disparate properties with varying development horizons. The 640 acre specific plan
contains 52 separate properties ranging in size from .5 to 68.5 acres.
3. An Amendment to the Local Facilities Management Plan for Zone 20 which includes
a Finance Plan allowing entitlement activity to occur.
Planning Commissioner Erwin cast a negative vote due,to the potential impact of single
event noise from the airport on the existing residential General Plan Land Use designation.
Concern regarding the alignment of Poinsettia Lane between Alga Road and El Camino
Real has been an issue throughout the Specific Plan process. The Specific Plan does not
set the alignment. The alignment will be set by the first tentative map or other
entitlement activity requiring the road. More detailed information is included in the
attached staff report to the Planning Commission, dated June 16, 1993, and the
memorandum to the City Manager, dated August 3, 1993.
ENVIRONMENTAL, REVIEW
An EIR was processed addressing all the necessary discretionary approvals needed for the
project. The report was found by staff and the Planning Commission to have been
prepared in compliance with State and City regulations.
FISCAL. IMPACT
There will be no direct fiscal impacts as a result of this action as the specific plan impacts
no entitlements.
PAGE 2 OF AGENDA BILL NO.
FXHlBiTS
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City Council Resolution No.
City Council Ordinance No.
Location Map
Memorandum to the City Manager, dated August 3, 1993
Planning Commission Resolution Nos. 3525, 3526, and 3527, dated June 16, 1993
Planning Commission Staff Report, dated June 16, 1993
Excerpts of Planning Commission Minutes, dated June 16, 1993
EIR 90-03 (previously distributed)
SP-203 (previously distributed)
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EXHIBIT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL mwm REPORT AND APPROVING AN AMENDMENT TO THE LOCAL FACILITIES 'MANAGEMENT PLAN FOR ZONE 20 ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, WEST AND NORTH OF THE AVIARA MASTER PLAN, AND EAST OF PASEO DEL,NORTE. CASE NAME: ZONE 20 SPECIFIC PLAN CASE NO: EIR 91-03/LFMP 87-20(A)
WHEREAS, on June 16, 1993, the Carlsbad Planning
Commission held a duly noticed public hearing to consider an
Environmental Impact Report (EIR 91-03), and an Amendment to the
Local Facilities Management Plan (LFMP 87-20(A), for Zone 20, and
adopted Resolutions Nos. 3525, and 3527 respectively, recommending
to the City Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
1993, held a public hearing to consider
the recommendation and heard all persons interested in or opposed
to EIR 91-03/LFMP 87-20(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City
Council of the City of Carlsbad, California, as follows:
1. That the foregoing recitations are true and correct.
2. That the Environmental Impact Report (EIR 91-03) on
the above referenced project is certified and that the findings
and conditions of the Planning Commission contained in Resolution
No. 3525, on file with the City Clerk and incorporated herein by
reference, are the findings and conditions of the City Council.
3. That the recommendation of the Planning Commission
for the approval of LFMP 87-20(A) is approved and that the
findings of the Planning Commission contained in Resolution No.
3527, on file with the City Clerk and incorporated.herein by
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reference, are the findings of the City Council.
4. This action is final the date this resolution is
adopted by the City Council. The provision of Chapter 1.16 of the
Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
apply:
"NOTICE TO APPLICANT"
"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 judicial 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 of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of 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 City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008."
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of the City of Carlsbad, California, held on the
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
AYES:
NOES:
ABSENT:
ABSTAIN:
I 1993, by the following vote, to wit:
24 CLAUDE A LEWIS, Mayor '
25 ,9TTEST:
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LETHA L. RAUTENKRANZ, City Clerk
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EXHIBIT 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING THE ZONE 20 SPECIFIC PLAN
ON APPROXIMATELY 640 ACRES OF LAND LOCATED SOUTH OF
PALOMAR AIRPORT ROAD, WEST AND NORTH OF THE AVIARA
MASTER PLAN AREA, AND EAST OF PASEO DEL NORTE.
CASE NAME: ZONE 20 SPECIFIC PLAN
CASE NO: SP-203
WHEREAS the City Council of the City of Carlsbad, California has reviewed
tnd considered a Specific Plan for future development of the site; and
WHEREAS, after procedures in accordance with the requirements of law,
he City Council has determined that the public interest indicates that said plan be
Ipproved.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
ollows:
SECTION I: That the Zone 20 Specific Plan, SP-203, dated June 16, 1993,
In file in the Planning Department and incorporated by reference herein, is approved.
yhe Specific Plan shall constitute the zoning for this property and all development of the
broperty shall conform to the plan.
SECTION II: That the findings and conditions of the Planning Commission
n Planning Commission Resolution No. 3526 shall also constitute the findings and
:onditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
Idoption, and the City Clerk shall certify to the adoption of this ordinance and cause it
o be published at least once in the Carlsbad Sun within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
zouncil on the day of , 1993, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City
If Carlsbad on the ---.-day of. 1993, by the following vote, to wit: 1
AYES:
NOES:
ABSENT:
ABSTAIN:
WPROVED AS TO FORM AND LEGALITY
XONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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-
NOTICE OF PUBLIC HEARING
ZONE 20 SPECIFIC PLAN
EIR 90-03/SP-203/LFMP 87-20(A1
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold
a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive,
Carlsbad, California, at 6:00 p.m., on Tuesday, September 14, 1993, to consider
a request for certification of a Program Environmental Impact Report; and a
request for approval of a Specific Plan and an Amendment to the Local Facilities
Management Plan for Zone 20, on a 640 acre site containing 52 separate parcels,
on property generally located south of Palomar Airport Road, west and north of
the Aviara Master Planned Community, east of Paseo De1 Norte, and more
particularly described as:
Portions of lots G and H of the Ranch0 Agua Hedionda Land
Grant, Map No. 823, and portions of Sections 21, 22, and 28,
Township 12 South, Range 4 West.
If you have any questions regarding this matter, please call Brian Hunter in the
Planning Department, at 438-1161, extension 4457.
If you challenge the Environmental Impact Report, Specific Plan, and/or Local
Facilities Management Plan Amendment in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in
this notice or in written correspondence delivered to the City of Carlsbad City
Clerk's Office at, or prior, to the public hearing.
APPLICANT: Jack Henthorn & Associates
PUBLISH: September 2, 1993
CITY OF CARLSBAD CITY COUNCIL
-
NOTICE OF PUBLIC HEARING -
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold
a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad,
California, at 6:00 p.m. on Wednesday, June 16, 1993, to consider approval of a request
for the certification of a Program Environmental Impact Report; and the request for
approval of a Specific Plan and a Local Facilities Management Plan Amendment for Zone
20 on property generally located south of Palomar Airport Road, west and north of the
Aviara Master Planned Community, and east of Paseo De1 Norte and more particularly
described as:
Portions of lots G and H of the Ranch0 Agua Hedionda Land Grant, Map
823, and portions of Sections 21, 22, and 28, Township 12S, R4W.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after June 9,1993. If you have
any questions, please call Brian Hunter in the Planning Department at 438-l 161, ext. 4457.
If you challenge the Environmental Impact Report/Specific Plan/Local Facilities
Management Plan Amendment in court, you may be limited to raising only those issues you
or someone else raised at the public hearing described in this notice or in written
correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: EIR 90-03/SP 203/LFMP 87-20(A)
CASE NAME: ZONE 20 SPECIFIC PLAN
PUBLISH: JUNE 3, 1993 - - .--.-.
'UBLIC HEARING
‘ECIFIC PLAN
03/LFMP 87-20(A)
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold
a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive,
Carlsbad, California, at 6:00 p.m., on Tuesday, November 9, 1993, to consider a
request for certification of a Program Environmental Impact Report; and a request
for approval of a Specific Plan and an Amendment to the Local Facilities
Management Plan for Zone 20, on a 640 acre site containing 52 separate parcels,
on property generally located south of Palomar Airport Road, west and north of
the Aviara Master Planned Community, east of Paseo De1 Norte, and more
particularly described as:
Portions of lots G and H of the Ranch0 Agua Hedionda Land
Grant, Map No. 823, and portions of Sections 21, 22, and 28,
Township 12 South, Range 4 West.
If you have any questions regarding this matter, please call Brian Hunter in the
Planning Department, at 438-1161, extension 4457.
If you challenge the Environmental Impact Report, Specific Plan, and/or Local
Facilities Management Plan Amendment in court, you may be limited to raising only
those issues raised by you or someone else at the public hearing described in
this notice or in written correspondence delivered to the City of Carlsbad City
Clerk's Office at, or prior, to the public hearing.
APPLICANT: Jack Henthorn & Associates
PUBLISH: October 29, 1993
CITY OF CARLSBAD CITY COUNCIL
(Blade-Citizen)
.- ,
- ,
NOTICE OF PUBLIC HEARING
ZONE 20 SPECIFIC PLAN
EIR 90-03/SP-203/LFMP 87-20(A)
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold'
a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive,
Carlsbad, California, at 6:00 p.m., on Tuesday, November 9, 1993, to consider a
request for certification of a Program Environmental Impact Report; and a request
for approval of a Specific Plan and an Amendment to the Local Facilities
Management Plan for Zone 20, on a 640 acre site containing 52 separate parcels,
on property generally located south of Palomar Airport Road, west and north of
the Aviara Master Planned Community, east of Paseo De1 Norte, and more
particularly described as:
Portions of lots G and H of the Ranch0 Agua Hedionda Land
Grant, Map No. 823, and portions of Sections 21, 22, and 28,
Township 12 South, Range 4 West.
If you have any questions regarding this matter, please call Brian Hunter in the
Planning Department, at 438-1161, extension 4457.
If you challenge the Environmental Impact Report, Specific Plan, and/or Local
Faciliti,es Management Plan Amendment in court, you may be limited to raising only
those issues raised by you or someone else at the public hearing described in
this notice or in written correspondence delivered to the City of Carlsbad City
Clerk's Office at, or prior, to the public hearing.
APPLICANT: Jack Henthorn & Associates
PUBLISH: October 28, 1993
CITY OF CARLSBAD CITY COUNCIL
(Carlsbad Sun)
I 5-93 Given to Brian Hunter
William 6 Marjorie Bowen 14088 E. Kamm Avenue Kingsburg, Ca., 93631
C.U.S.D. 801 Pine Avenue Carlsbad, Ca., 92008
Terry 6 Margaret Reiter 17700 Figueroa Street Carson, Ca., 90248
Alice Lamplugh Trust 6869 El Camino Real La Costa, Ca., 92009
Gabor & Ilona Reh 1555 Santa Sabina Court Solana Beach, CA., 92075
Jack & Patricia Sudduth 1301 Fortside Drive Fort Washington, MD 20744
Robert & Cheryl Kevane 8480 La Mesa Blvd. La Mesa, Ca., 92041
Gregory De Saska 6721 El Camino Real Carlsbad, Ca.,92009
Joseph & Marian Steiner 6675 El Camino Real Carlsbad, Ca., 92009
2 I ( ]-;/ / w
L. Lux Trust 6723 El Camino Real Carlsbad, Ca., 92009
c Carlsbad 1 e Mr. Steve Nishimura 2255 India Street ,Los Angeles, CA., 90039
Dominick Sfregola 9450 La Jolla Farms Road La Jolla, Ca., 92037
John Sfregola 342 Playa Blanca Encinitas, Ca., 92024
Security Pacific National Bank T RE: 215/020/15 APN/Bressi M. Post Office Box 90610 Pasadena, Ca., 91109
David 6 Olivia Maldonado 1668 Freda Lane Cardiff, Ca., 92007
A. 6 D. Bons Trust 1565 Mulberry Drive San Marcos, Ca., 92069
Carlsbad Partners Ltd. Mr. Tom Curnes 2364 Thanksgiving Tower 1601 Elm Street Dallas, TX 75201
Joseph Levatino 22121 Malibu Lane Huntington Beach, Ca., 92646
Mr. Roy Muyamura 18021 Skypark Circle #203 Irvine, Ca., 92713
SPIERS ENTERPRISES Mr. Dwight Spiers 17941 Mitchell Street Irvine, Ca., 92714
Bank of America Mr. Stephen Ghysels RE: Whitney 9333 Genesee Avenue #200 San Dieao. Ca;. 92121
. . .
ai?& to Brian Hunter
Mr, Danny Abada 6121 Romany Drive San Diego, Ca., 92120
W. Aitchinson 5155 Bob O'Link Lane Palm Springs, Ca., 92264
Mr. George Bolton 6519 El Camino Real Carlsbad, Ca., 92008
Bramalea California, Inc. Mr. Dorian Johnson 100 Bayview Circle, Suite 2000 Newport Beach, Ca., 92660
Anita Buerger 2626 Mallorca Place Carlsbad, Ca., 92009
Mr.M. Cardosa 6491 El Camino Real Carlsbad, Ca., 92009
City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, Ca., 92008
Carlsbad Heights Associates 4499 Ruffin Road #300 San Diego, Ca., 92123
Carlsbad Heights Assoc. Mr. Bob MacNamara 2400 Murphy Canyon Road San Diego, Ca., 92120
Carnation Properties Post Office Box 395 Cardiff, Ca., 92007
Mr.A. DeJong 622 E. Mission Road San Marcos, Ca., 92069
William Engler Star Route 1 Box 30 Niland Ca., 92257
Ms. Fernandez P.O. Box 395 Cardiff, Ca., 92007
Mrs. Hadley 4743 W. Hoffer Street Banning, Ca., 92220
TERRA NOVA PLANNING Mr. John Christe 400 S. Farrell B-205 Palm Springs, Ca., 92262
Mr. and Mrs. Hidalgo 6511 El Camino Real Carlsbad, Ca., 92008
Gilbert Kaiser 1615 Calle De Cinco La Jolla, Ca., 92037
RC 6 RP KELLY TRUST 2770 Sunny Creek Road Carlsbad, Ca., 92008
Alice Kramer 6798 Paseo De1 Norte Carlsbad, Ca., 92008
Wm & V. Lujan 11739 S. Toerge Drive La Mirada, Ca., 90638
Maria Mendivil 21281 Manzanillo Mission Viejo, Ca.,
; COLDWELL BANKER Mr. Rich Jameson 5130 Avenida Encinas Carlsbad, Ca., 92008
Mr. and Mrs. McKinney 4355 Huerfano Avenue San Diego, Ca., 92117
EVON GARDENS Ronald 6 Evelyn McKinney 6525 El Camino Real Carlsbad, Ca., 92009
Christa M. McReynolds Alan A. McReynolds TTEE 2316 Calle Chiquita La Jolla, Ca., 92037
Guy Moore Jr. 6503 El Camino Real Carlsbad, Ca., 92009
Akira B Toshi Muroya P.O. Box 9000-251 Carlsbad, Ca., 92008
DONJOY
Mr. Greg Nelson 2777 Loker Avenue West Carlsbad, Ca., 92008
Oceanbluff Partners Mr. Bob Wineteer 4370 La Jolla Village Drive #120 San Diego, Ca., 92122
POINSETTIA HILLS PARTNERS Mr. Marvin Porter 5923 Balboa Avenue San Diego, Ca., 92111
Ronald L. Roesch 2800 Neilson Way #708 Santa Monica, Ca., 90405
Mr. Jim Hicks 5150 Avenida Encinas Carlsbad, Ca., 92008
I.
e Joseph Rudvalis Post Office Box 230267 Encinitas, Ca., 92023
Mr. and Mrs. Sarkaria P.O. Box 5986 Orange, Ca., 92667
Thurlo Schindler 648 Marsolan Avenue Solana Beach, Ca., 92075
Mr. and Mrs. Sugino 6539 El Camino Real Escondido, Ca., 92009-2804
S 6 L. Sugino 1 Mahogany Run Coto de Coza, Ca., 92679
SUNBELT PLANNING Mr. Don Agatep 2956 Roosevelt Street Carlsbad, Ca., 92008
SUNBELT PLANNING 8649 Firestone Blvd. Downey, Ca., 90241
TABATA FAMILY TRUST P.O. Box 1338 Carlsbad, Ca., 92018
HAROLD THOMPSON TRUST 4620 Orville Street "G" Las Vegas, NV. 89103-5340
David Thompson Post Office Box 1487 Carlsbad, Ca., 92018
Evelyn M. Weidner Post Office Box 33 Cardiff, Ca., 92007
L - Yujiro Yamamoto 1201 Via La Jolla San Clemente, Ca., 92672
TONY HUMMEL 201 Emerald Bay Laguna Beach, Ca., 92651
BCS NATURAL RESOURCES CORP. 1303 Avocado Street Newport Beach, Ca., 92660
SUDAN INTERIOR MISSION 1400 Flame Tree Lane Carlsbad, Ca., 92009
GREAT AMERICAN FEDERAL SAVINGS Gt. Am. Bank Asset MGMT.(MC5990) 600 "8" Street San Diego, Ca,, 92101
DONALD DETISCH
DETISCH, CHRISTENSEN & WOOD
ATTORNEYS AT LAW
444 WEST C STREET, SUITE 200
SAN DIEGO, CA 92101