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HomeMy WebLinkAbout1996-03-05; City Council; 13536; Mar VistaCI-‘Y OF CARLSBAD - AGEMA BILL MAR VISTA LCPA 94-04/X 94-04 RECOMMENDED ACTION: That the City Council ADOPT City Council Resolution No. o/6 - 77 APPROVING the Mitigated Negative Declaration with a Mitigation Monitoring and Reporting Program, and LCPA 94-04 as recommended for approval by the Planning Commission and INTRODUCE Ordinance NO. &.S - ~S~APPROVING ZC 94-04. ITEM EXPLANATION On January 3, 1996 the Planning Commission conducted a public hearing on the Mar Vista project. The project site is located directly north of the Poinsettia Community Park and includes a residential subdivision of the 34.3 acre property into forty-nine (49) single-family lots, and one 19.24 acre open space lot. The Planning Commission recommended approval of the Mitigated Negative Declaration, Local Coastal Program Amendment (LCPA) and Zone Change (ZC). The Tentative Map, Planned Development Permit, and Hillside Development Permit were all approved by the Planning Commission subject to the City Council approving the other actions required for the project. The commission’s vote on all the project actions was 6-O and no public testimony was offered by citizens at the hearing. The Planning Commission’s primary discussion focused on the project’s affordable housing and the commission was very supportive of the proposal to provide 8 second- dwelling units to satisfy the inclusionary housing requirements. The second-dwelling units would have exterior access to the side yard, be incorporated into the second-story of the primary home, and utilize a portion of the three-car garage for parking. City regulations require that the maximum monthly rental rate for a second-dwelling unit shall be affordable to low-income households. The remaining discretionary actions to be decided by the City Council include a Local Coastal Program Amendment and a Zone Change as follows: 1. A change in the zoning on the subject property from the Planned Community Zone (PC) to the One-Family Residential Zone with the Qualified Development Overlay Zone (R-l -7500-Q); and, 2. A change in the zoning on the adjacent property to the east (MSP California LLC) from the Residential Density Multiple Zone with a Qualified Overlay (RDM-Q) to the One-Family Residential Zone with a Qualified Overlay (R-1-7500-Q). MSP California LLC currently has two tentative map applications in process with the City for single-family residential subdivisions on this property. All the required findings can be made to support the Zone Change and Local Coastal Program Amendment. More detailed information is included in the attached staff report to the Planning Commission. I /4 - PAGE 2 OF AGENDA BILL NO. / 3; 5 3 6 A Mitigated Negative Declaration was processed addressing all the necessary discretionary approvals needed to develop the project. The environmental document was found by staff and the Planning Commission to have been prepared in compliance with State and City regulations. The Planning Commission has determined that the project would have a significant effect on the environment, however, there will not be a significant effect in this case since the mitigation measures described in Planning Commission Resolution No. 3872 have been added to the project. FISCAL IMPACT As discussed in the Zone 20 Local Facilities Management Plan, all necessary major capital facilities will be provided concurrent with development and funded by the Developer of the project. A financing plan that comprehensively addresses the provisions of public facilities within the facility zone has been approved by the City Council. GROWTH MANAGEMENT STATUS EXHIBITS Facilities Zone I -I 20 Local Facilities Management Plan 1 - 1 20 Growth Control Point I I - 6 DU/ACRE Net Density I -I 2.45 Special Facilities I -I C.F.D. NO. 1 1. City Council Resolution No. 91p - 7 7 2. City Council Ordinance No. /\/S - 35 Q 3. Location Map 4. Planning Commission Resolution No. 3872, 3873, and 3874 5. Planning Commission Staff Report, dated January 3, 1996 6. Excerpt of Planning Commission Minutes, dated January 3, 1996. RESOLUTION NO. 9 6 - 7 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION WITH A MITIGATION MONITORING AND REPORTING PROGRAM, LOCAL COASTAL PROGRAM AMENDMENT, AND A CHANGE TO THE CARLSBAD ZONING MAP TO CHANGE A PORTION OF THE MAP FROM PLANNED COMMUNITY TO ONE-FAMILY RESIDENTIAL WITH THE QUALIFIED DEVELOPMENT OVERLAY ZONE, AND FROM RESIDENTIALDENSITY MULTIPLE WITH THE QUALIFIED DEVELOPMENT OVERLAY ZONE TO ONE-FAMILY RESIDENTIAL WITH THE QUALIFIED DEVELOPMENT OVERLAY ZONE ON PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE, SOUTH OF PALOMAR AIRPORT ROAD, WITHIN SPECIFIC PLAN 203 IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20. CASE NAME: MAR VISTA CASE NO: LCPA 94-04/ZC 94-04 WHEREAS, on January 3, 1996 the Planning Commission held a duly noticed public hearing to consider a Mitigated Negative Declaration with a Mitigation Monitoring and Reporting Program , Local Coastal Program Amendment (LCPA 94-04), and Zone Change (ZC 94-04) for project development on 90.6 acres of land and adopted Planning Commission Resolutions No. 3872, 3873, and 3874 respectively, recommending approval to the City Council; and WHEREAS, the City Council of the City of Carlsbad, on 5th day of MARCH , 1996, held a public hearing to consider the recommendations and heard all persons interested in or opposed to the Mitigated Negative Declaration, LCPA 94-04 and ZC 94-04; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 1 E 2 4 5 e 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. . . . . . ..- h That the Mitigated Negative Declaration with the Mitigation Monitoring and Reporting Program on the above referenced project is approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 3872, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. That the recommendation of the Planning Commission for the approval of the Local Coastal Program Amendment (LCPA 94-04) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 3874, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. That the recommendation of the Planning Commission for the approval of the Zone Change (ZC 94-04) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 3873, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council and Ordinance NS-350 shall be contemporaneously adopted. This action is final the date this resolution is adopted by the City Council. The provisions 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 that the nineteenth 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 deposit in an amount sufficient 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.” 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the day of 5th MARCH , 1996, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila, Hall NOES: None ABSENT: Council Member Kulchin ABSTAIN: None Al-TEST: ALETHA L. WAY 3 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 - ORDINANCE NO. IS-350 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 94-04 FROM PC TO R-1-7500-Q AND FROM RDM-Q TO R-1-7500-Q, ON TWO PROPERTIES GENERALLY LOCATED NORTH OF CAMINO DE LAS ONDAS, EAST OF PASEO DEL NORTE, AND SOUTH OF PALOMAR AIRPORT ROAD, WITHIN SPECIFIC PLAN 203, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20. CASE NAME: MAR VISTA CASE NO: zc 94-04 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Title 21 of the Carlsbad Municipal Code is amended by the amendment of the zoning map as shown on the map, attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 3873 constitutes the findings and conditions of the City Council. SECTION III: The Council further finds that this action is consistent with the General Plan in that the One-Family Residential Zone (R-1-7500) is consistent with the Residential Medium (RM) General Plan Land Use Designation and the Qualified Development Overlay Zone (Q) is consistent with the General Plan scenic corridor designation for Palomar Airport Road. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - INTRODUCED AND FIRST READ at a regular meeting, of the Carlsbad City Council on the day of , 1996, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 1996, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEW 0 - EXHl6lT 3 0 1 EXISTING P-C PROPOSED R-l-7500-Q 0 2 EXISTING RD-M-Q PROPOSED R-l-7500-Q MAR VISTA ZC 94=04/LCPA 94-04 8 II EXHIBIT 4 I 1 2 3 4 5 6 7 8 9 10 11 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3872 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A RECIRCULATED MITIGATED NEGATIVE DECLARATION FOR A ZONE CHANGE, LOCAL COASTAL PROGRAM AMENDMENT, TENTATIVE MAP, SITE DEVELOPMENT PLAN, AND HILLSIDE DEVELOPMENT PERMIT, TO: (1) CHANGE THE ZONING ON THE MCREYNOLDS PARCEL FROM PLANNED COMMUNITY ZONE (PC) TO THE ONE- FAMILY RESIDENTIAL ZONE WITH THE QUALIFIED DEVELOPMENT OVERLAY ZONE (R-1-7500-Q) AND CHANGE THE ZONING ON THE MSP CALIFORNIA LLC PARCEL FROM RESIDENTIAL DENSITY MULTIPLE (RDM) TO ONE-FAMILY RESIDENTIAL (R-1-7500); (2) SUBDIVIDE THE MCREYNOLDS PROPERTY INTO 49 SINGLE-FAMILY LOTS AND ONE OPEN SPACE LOT; AND, (3) PROPOSE 8 FUTURE SECOND-DWELLING UNITS; ALL ON PROPERTY GENERALLY LOCATED EAST OF PASEO DEL NORTE, NORTH OF CAMINO DE LAS ONDAS, AND SOUTH OF PALOMAR AIRPORT ROAD, WITHIN SPECIFIC PLAN 203 AND LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: MAR VISTA CASE NO: ZC 94-04/LCPA 94-04/CI’ 94-ll/SDP 94- lO/HDP 94-09 WHEREAS, said application constitutes a request for approval of the project more fully described as a Zone Change, Local Coastal Program Amendment, Tentative Map, Site Development Plan, and Hillside Development Permit, to: (1) change the zoning on the McReynolds parcel from Planned Community Zone (PC) to the One-family Residential Zone with the Qualified Development Overlay Zone (R-1-7500-Q) and change the zoning on the MSP California LLC parcel from Residential Density Multiple with the Qualified Development Zone (RDM-Q) to One-family Residential with Qualified Development Overlay Zone (R-1-7500); (2) subdivide the McReynolds property into 49 single-family lots and one open space lot; and, (3) propose 8 future second-dwelling units, for certain property to wit: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - Parcel C of Parcel Map No. 2949, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, August 9, 1974, as File No. 74-216632 of official records. AND All that certain parcel of land delineated and designated as “Description No. 1,103.91 Acres” on Record of Survey Map No. 5715, filed in the Offtce of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot G of Ranch0 Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, a portion of which lies within the City of Carlsbad, all being in the County of San Diego, State of California. Excepting therefrom that portion lying within Parcels “A”, “B”, “C” and “D” of Parcel No. 2993 in the City of Carisbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 23,1974 as File No. 74-230326 of Offkial Records. WHEREAS, the Planning Commission did on the 3rd day of January, 1996, hold a duly noticed public hearing as prescribed by law and provided in Section 19.04 of the Carlsbad Municipal Code, to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Recirculated Mitigated Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of the Recirculated Mitigated Negative Declaration according to Exhibit “ND”, dated October 3, 1995, “PII”, dated September 18, 1995, the addendum Exhibit “X”, dated January 3,1996, attached hereto and made a part hereof, and the Mitigation Monitoring and Reporting Program on file in the Planning Department, based on the following findings and subject to the following conditions: PC RESO NO. 3872 -2- .- - 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered Recirculated Mitigated Negative Declaration for the Mar Vista project, the environmental impacts therein identified for this project and said comments thereon, and the Mitigation Monitoring and Reporting Program, on file in the Planning Department, prior to recommending approval of the project. Based on the EIA Part-II and comments thereon, the Planning Commission finds that there is no substantial evidence the project will have a significant effect on the environment and hereby recommends approval of the Recirculated Mitigated Negative Declaration. 2. The Planning Commission does hereby find that the Recirculated Mitigated Negative Declaration for the Mar Vista project and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines, and the Environmental Protection Procedures of the City of Carlsbad. 3. The Planning Commission finds that the Recirculated Mitigated Negative Declaration for the Mar Vista Project reflects the independent judgment of the Planning Commission of the City of Carlsbad. (Note: Permits issued as part Sambi Project). 4. The attached addendum to the Recirculated Mitigated Negative Declaration, Exhibit “X”, dated January 3, 1996, to change the project’s description to include the zone change to R-1-7500 on the MSP California LLC Parcel will have no significant adverse effect of the environment and can be considered a minor technical addition to the project’s description per Section 15164 of the CEQA Guidelines. Changing from one type of residential zoning (RDM) to another type of residential zoning (R- l-7500) effects the type of development standards that are applied to the future residential development. In this case, the proposed R-1-7500 Zone is a more restrictive residential zone than the existing RDM Zone. Conditions: 1. Sewer/Stormdrain Alternative “A” - Implementation of Alternative “A” crosses Encinas Creek. Prior to the issuance of a final map or grading permits, whichever occurs first, the developer shall obtain a Streambed Alteration Agreement from the California Fish and Game Department, if required for any proposed alterations to existing natural watercourses, and shall comply with any and all permit requirements associated therewith, pursuant to Section 1601/1603 of the Fish and Game Code. The developer, in conjunction with the Department of the Army Corp of Engineers shall determine whether a 404 permit shall be required for alterations to wetland areas. 2. .05 acres of Coastal Sage Scrub (CSS) habitat will be directly impacted by this project. The impacted CSS habitat is regarded as low quality. Pursuant to the Interim Take provisions of the 4d Rule for the California gnatcatcher, the project PC RESO NO. 3872 -3- II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . shall be required to mitigate this loss of .05 acres of CSS by acquiring for preservation comparable quality habitat at a 1:l ratio. The developer proposes to mitigate this impact by purchasing, for preservation, .05 acres of CSS habitat within the high quality, coastal sage scrub area found in the Carlsbad Highlands mitigation bank. This proposal shall require the approval of the U.S. Fish and Wildlife Service (USFWS), and the California Department of Fish and Game. Prior to the issuance of grading permits, the project applicant shall be required to consult with and obtain necessary “take” permits from the USFWS, the California Department of Fish and Game for impacts to the loss of .05 acres of CSS. Prior to construction of Hidden Valley Road from Palomar Airport Road south to Poinsettia Community Park, the developer shall comply with all California Department of Fish and Game, Army Corps of Engineers, and U.S. Fish and Wildlife Service permits and the approved final biological mitigation plans dated July, 1995, on file in the Planning Department. (Note: All permits for the grading of Hidden Valley Road have been issued as part of the Sambi Project) The CC&Rs for the project shall include a requirement, stating that flood lights from the development shall not project/shine into the native habitat areas. Approval of the Recirculated Mitigated Negative Declaration is granted subject to the approval of CT 94-11, ZC 94-04, LCPA 94-04, SDP 94-10, and HDP 94-09. The Recirculated Mitigated Negative Declaration is subject to all conditions contained in Planning Commission Resolution Nos. 3873,3874, 3875, 3876, and 3877. PC RF&O NO. 3872 -4- h PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Car&bad, California, held on the 3rd day of January, 1996, by 3 the following vote, to wit: 4 AYES: Chairperson Compas, Commissioners Monroy, Nielsen, Noble, 5 Savary and Welshons 6 NOES: None 7 ABSENT: Commissioner Erwin 8 ABSTAIN: None 9 10 11 7 12 Jd$F%kw 13 WILLIAM COMPAS, khairperson CARLSBADPLANNIN G COMMISSION 14 ATTEST: 15 16 17 18 Planning Director 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 3872 -5- . RECIRCULATED MITIGATED NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: South of Palomar Airport Road, east of Paseo De1 Norte, adjacent to and north of Poinsettia Park. PROJECT DESCRIPTION: A tentative map for 49 single-family residential lots ranging in size from 7500 to 35,298 square feet, a 19.24 acre open space lot, and 8 second-dwelling units. Project improvements include: (1) local public streets, curbs, gutters, sidewalks and drainage facilities to serve the lots; (2) sewer line and storm drain alignment “B” and new alternative alignment “A” to an existing east&vest sewer line along Canyon de las Encina; (3) the construction of Hidden Valley Road from Camino de las Ondas to Palomar Airport Road; (4) the construction of a local public street from Hidden Valley Road to the project site. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of-said review, a Mitigated Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative DecIaration with supportive documents is on file in the Planning Department, 2075 Las Pahnas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any Planning Department at (619) 438-1161, extension DATED: OCIOBER 3, 1995 CASE NO: ZC 94-#/CT 94-ll/HDP 94-09/SDP 94-lO/LCPA 94-04 CASE NAME: MAR VISTA PUBLISH DATE: OCTOBER 3,1995 2075 Las Palmas Drive - Carlsbad. California 92009-l 576 l (619) 436-l 161 @ - ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART l-I (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. Cl’ 94-l l/HDP 94-091SDP 94-lO/ZC 94-04/LCPA 94-04 DATE: SEPTEMBER 18. 1995 BACKGROUND 1. CASE NAME: Mar Vista 2. APPLICANT: Christa McRevnolds 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 23 16 Calle Chiauita. La Jolla. California 92073, 4. DATE EIA FORM PART I SUBMI’ITED: November 7.1994 5. PROJECT DESCRIPTION: A tentative map for 49 single-familv residential lots rangine in size from 7.500 to 35.353 sauare feet. a 19.25 acre ouen snace lot. and 8 seconddwellinP units. Proiect imnrovements include: (1) local nublic streets. curbs. gutters. sidewalks and drainage facilities to serve the lots: (21 two alternative sewer line/storm drain alignments (A&B) that connect from the nronertv to an existing east/west sewer line alone Canyon de las Encina; (3) the construction of Hidden Vallev Road from Camino de las Ondas to Palomar Airoort Road: and (4) the construction of a local Dublic street from Hidden Valley Road east to the nroiect site. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact”, or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. - Land Use and Planning - Transportation/Circulation - Public Services - Population and Housing X Biological Resources - Utilities and Service Systems - Geological Problems - Energy and Mineral Resources X Aesthetics X Water - Hazards X Cultural Resources X Air Quality X Noise - Recreation X Mandatory Findings of Significance 1 Rev. 3/28/95 is.. * DETERMINATION. (To be completed by the Lead Agency). On the basis of this initial evaluation: I fmd that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A MITIGATED NEGATlVE DECLARATION is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR / MITIGATED NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR / MITIGATED NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. cl cl q q q l Planner Hg natur 3 Date 2 Rev. 3/28/95 iI* - - ENVIRONMENTAL IMPACTS STATE CBQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. . A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” _ answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. . “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. . “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. . “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. . Based on an “EIA-Part II“, if a proposed project could have a potentially significant effect on the environment, but &I potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). . When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. . A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 3/28/95 /I . . If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. . An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 3f28p5 18 Issue (and suppating hlfamatiul solucesl: POtt!tltidy Significant impact I. LAND USE AND PLANNING. Would the proposal: a) W cl d) e) Conflict with general plan designation or zoning? (Source #t(s): ) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? () Be incompatible with existing land use in the vicinity? () Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? () Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? () II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed offtcial regional or local population projections? () b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? () c) Displace existing housing, especially affordable housing? () III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? () b) Seismic ground shaking? () c) Seismic ground failure, including liquefaction? () d) Seiche, tsunami, or volcanic hazard? () Potentially Significaut utlless LessThan Mitigation Significant No Incorporated w=t m=t x x x x x x x x x x x x 5 Rev. 3/28/95 ,q Lsues (and support& rnfmtial smzces): POWidlY Significant Impact e> Landslides or mudflows? () f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? () g) Subsidence of the land? () h) Expansive soils? () i) Unique geologic or physical features? () IV. WATER. Would the proposal result in: a) b) c> 4 d f) g) h) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? () Exposure of people or property to water related hazards such as flooding? () Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? () Changes in the amount of surface water in any water body? () Changes in currents, or the course or direction of water movements? () Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of g&.ndwater recharge capability? () Altered direction or rate of flow of groundwater? 0 Impacts to groundwater quality? () POtentially Sigllifii unless Mitigation hx4porated LessThan Significant Impact x x NO Impact x x x x x x x x x x x 6 Rev. 3/28/95 aa 4 Issues (and supprxting hfmmatim saurces): i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? 0 V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? () b) Expose sensitive receptors to pollutants? () c) Alter air movement, moisture, or temperature, or cause any change in climate? () d) Create objectionable odors? () VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) W cl 4 e> f) &!I VII. Increased vehicle trips or traffic congestion? 0 Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. faint equipment)? () Inadequate emergency access or access to nearby uses? () Insufficient parking capacity on-site or off-site? () Hazards or barriers for pedestrians or bicyclists? () Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? () Rail, waterborne or air traffic impacts? () BIOLOGICAL RESOURCES. Would the proposal result in impacts to: potenti& Significant m=t POttXltilllly Significant UdesS Mitigation Incorporated LesTban Significant No Impact Impact x - 7 , x x x x x x x x x x x Rev. 3/28/95 3 1 Isues ml-l supporting Infamatiat suurcea): a) b) cl d) 4 VIII. a) b) cl POtUltidy Significant m=t Potmially Significant ULIleps Mitigation hmporated LesTban Significant No m=t Impact Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? Q Locally designated species (e.g. heritage trees)? () Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? () Wetland habitat (e.g. marsh, riparian and vernal pool)? 0 Wildlife dispersal or migration corridors? () ENERGY AND MINERAL RESOURCES. Would the proposal: Conflict with adopted energy conservation plans? 0 Use non-renewable resources in a wasteful and inefficient manner? () Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? () IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation? () b) Possible interference with an emergency response plan or emergency evacuation plan? () c) The creation of any health hazard or potential health hazard? () d) Exposure of people to existing sources of potential health hazards? () x x x x x x x x x x x x - 8 Rev. 3/28/95 a2 C - Issues (and Suppating Information Sources): Potentially Significant mJ=t Potentially Significant Unless h4itigation Inmated LesTllan Significant No m=t @act e> Increase fire hazard in areas with flammable brush, grass, or trees? () x - X. NOISE. Would the proposal result in: a) Increases in existing noise levels? () b) Exposure of people to severe noise levels? () XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? () b) Police protection? () c) Schools? () d) Maintenance of public facilities, including roads? 0 e) Other governmental services? () XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? () b) Communications systems? () c) Local or regional water treatment or distribution facilities? () d) Sewer or septic tanks? () e) Storm water drainage? () f) Solid waste disposal? () g) Local or regional water supplies? () x x x x’ X x x x x x x - x - x x 9 Rev. 3/18/%X a3 rslm (and supporting Informatial sources): XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? () x b) Have a demonstrable negative aesthetic effect? () c) Create light or glare? () XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? () b) Disturb archaeological resources? () c) Affect historical resources? () d) Have the potential to cause a physical change which would affect unique ethnic cultural values? () e) Restrict existing religious or sacred uses within the potential impact area? () XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? () b) Affect existing recreational opportunities? () Potentially Significant Impact Potentially Significant Utlk Mitigation Incorporated LessTllan Sig,nificant No Impact m=t x x x x x x x x - x 10 rev. 3nam a+ Issues (and Supporting informatim Sources): XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wild life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. Potentially Significant bPt Potentially Significant U&?SS Mitigation bmpofated LessThan Significant No hwt m=t x x x Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: Earlier analyses used. Identify earlier analyses and state where they are available for review. Impacts adequately addressid. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Mitigation measures. For effects that are “Less than Significant with Mitigation Incorporated,“ describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 11 Rev. 3/28/95 d$ . A DISCUSSION OF ENVIRONMENTAL EVALUATION PROJECT BACKGROUND AND ENVIRONMENTAL SETTING: This Mitigated Negative Declaration was originally submitted for public review on February 1, 1995. The State clearinghouse (SCH #95021007) public review period closed on March 6, 1995. The document is being revised and recirculated for public review based on comments received by the State Coastal Commission and the Fish and Game Department, a change in the project description, and an update to the project’s biological impact analysis and the Initial Study Checklist. The developer has added an alternative sewer line and stormdrain alignment “A” for the project from Vista De Olas, through Lot No. 19, and north to the existing east/west sewer line in Canyon de las Encinas. In response to State resource agency comments regarding impacts and the level of analysis, an updated Biological Survey and Coastal California Gnatcatcher Survey has been submitted with the project which further analyzes the environmental impacts of the project, sewer and stormdrain alignment “B”, and the new sewer and stormdrain alignment “A” as shown on the Mar Vista Tentative Map, (See the discussion under Biological Environment). Since the publishing and public review of the original Mitigated Negative Declaration for the project, dated February 1,1995, the California Department of Fish and Game, the California Coastal Commission, and the Army Corps of Engineers in a Section 7 Consultation with the United States Fish and Wildlife Service have all issued permits or approvals for the construction of Hidden Valley Road from Palomar Airport Road to the northern property boundary of the City’s Poinsettia Community Park. Hidden Valley Road would provide primary access to the project from Palomar Airport Road, and it’s construction would not significantly impact the environment as conditioned and mitigated through City, State and Federal permits. The project is located south of Palomar Airport Road, east of Paseo De1 Norte, adjacent to future Hidden Valley Road, and north of Camino de las Ondas, in the City of Carlsbad. The eastern half of the property is utilized for agriculture. The majority of the site contains very gently sloping topography that rises from west to east. The western half of the property consists of a finger canyon which continues north and connects with Canyon de las Encinas. The flat developable areas of the property are rimmed by steep slopes along the west and north. Topographic elevations on the site range from approximately 52 feet in the canyon floor to 180 feet above mean sea level on the gently sloping mesa. The site is underlain by the Eocene Dehnar Formation and Friars Formation, which are both capped by Quatemary terrace deposits. These bedrock formations are mantled by alluvium, topsoil, landslide deposits, and undocumented fill soils. Six vegetation types are present on the property: (1) ruderal/agriculture on the mesa; (2) pampas grass, diegan coastal sage scrub, and southern mixed chaparral along the steeper slopes, and; (3) riparian southern willow scrub, and baccharislmule fat in the canyon. Vehicular access to the site would be provided by a local street leading from a future non-loaded collector street named Hidden Valley Road. Hidden Valley Road would travel east of the property and intersect with Camino de las Ondas to the south and intersect with Palomar Airport Road to the north. The project would sewer north and connect with the existing east/west sewer line in Canyon de las Encinas (Alternative “A” or “B”). Due to an elevation differential of 28 feet between the low end of the project site at elevation 142 feet (Lot 19) and the ridge to the east of the site (Emerald Ridge - West) at elevation 170 feet, it is not physically possible to sewer the project through the already approved sewer line in future Hidden Valley Road, therefore, another sewer line that flows directly to the north of the site is required. The alignment of future Hidden Valley Road from Palomar Airport Road to Camino de1 las Ondas has already been environmentally reviewed and approved by two previous projects; the City’s Poinsettia Community Park project - (CUP 92-05), and the Sambi Vesting Tentative Map - (CT 92-02). The environmental documents for these projects are on file in the Planning Department. 12 Rev. 3/28/95 ab The project site is located within the boundaries of Specific Plan 203 which covers the 640 acre Zone 20 Planning Area. The certified Final Program EIR 90-03 for Specific Plan 203 addresses the potential environmental impacts associated with the future buildout of the Zone 20 Specific Plan area and is on file in the Planning Department. Use of a Program EIR enables the City to characterize the overall environmental impacts of the specific plan. The Final Program 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 area. 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. The applicable and recommended mitigation measures of Final EIR 90-03 will be included as conditions of approval for this project. This subsequent expanded “Initial Study” is intended to supplement the Final EIR and provide more focused and detailed project level analysis of site specific environmental impacts and, if applicable, provide more refmed project level mitigation measures as required by Final EIR 90-03. Mitigation measures that are applicable to the project and already included in Final EIR 90-03 will be added to the tentative map resolution and new mitigation measures not evaluated in Final EIR 90-03 will be included in this Mitigated Negative Declaration. For example, additional environmental impacts not addressed in Final EIR 90-03 include riparian impacts created by the offsite sewer alignment “B”. In addition to the Final EIR for Specific Plan 203, more recently the City has certified a Final Master Environmental Impact Report for an update of the 1994 General Plan. The certified Master EIR is on file in the Planning Department. The Master EIR serves as the basis of environmental review and impact mitigation for project’s that are consistent with the plan, including projects within Specific Plan 203. Projects covered under the Master EIR for the General Plan include implementation activities such as rezoning of properties, specific plans, and the approval of development plans, including tentative maps, conditional use permits, and other land use permits. PHYSICAL ENVIRONMENT: Touomanhv. Geotechnical. & Grading: Development of the site would include 47,000 cubic yards of grading to accommodate building pads, lots, utilities, drainage structures, and onsite local public roadways. The proposed grading conforms to the City’s Hillside Development Ordinance and manufactured slopes would be landform/contour graded, screened with landscaping, and not exceed 30 feet in height, therefore the alteration of the topography would not be considered a significant physical impact. The Preliminary Geotechnical Investigation prepared by Leighton and Associates Inc., dated July 18, 1989 states that; “Based on the results of our preliminary geotechnical investigation of the site, it is our opinion that the proposed residential development is feasible from a geotechnical standpoint provided the recommendations of this report are incorporated into the project plans and specifications”. A grading permit is required for the project, therefore, the Ciy’s adopted grading permit standards, including required compliance with the geotechnical study, would ensure that the project has proper erosion control measures including landscaping on manufactured slopes, adequate drainage facilities, and proper soil compaction. These items are all required by the Engineering Department prior to approval of the grading permit. Water Oualitv: Section 5.2 of Master EIR 93-01 discussed water quality and sedimentation impacts to Encinas Creek. Development of the project would create impervious surfaces onsite which reduce absorption rates and increase surface runoff and runoff velocities. In addition, drainage from the project’s roofs, streets, driveways, slopes, and yards would 13 Rev. 3/28/S 2527 . - * constitute a potentially significant impact to water quality due to potential pollutants in the “non-point source” urban runoff. Buildout of the General Plan, including residential development within Specific Plan 203, may significantly impact hydrological resources, therefore, the appropriate, and recommended General Plan mitigation measures will be added as a condition of this project - (Section 5.2.5, Page 5.2-8, Master EIR 93-01). Prior to approval of a grading permit the applicant must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The applicant would be required to provide the best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive biological areas. Compliance with this requirement would reduce any water quality impacts to below a level of significance. Grading Permit standards and the Zone 20 Local Facilities Management Plan require adequate drainage facilities to service the site. Hydrology standards of the Mello II Segment of the Local Coastal Program require that post development surface run-off, from a lo-year/6 hour stotm event, must not carry any increased velocity at the property line. To meet this standard, energy dissipation facilities (i.e. rip-rap) would be provided along the drainage course, in addition to a permanent regional basin proposed west of future Hidden Valley Road, adjacent to Encinas Creek at the 67 foot elevation. Air Oualitv: Final ElR 90-03 for the Zone 20 Specific Plan (SP 203) discussed air quality impacts, however, this discussion has now been supplemented by the Air Quality Section 5.3 of the Master EIR. The implementation of projects that are consistent with the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non- attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Section 3.3.2.2 of Final EIR 90-03 and Section 5.3.3 of the Master EIR both indicate that construction activities associated with implementation of the Specific Plan and General Plan will produce short term air quality impacts in the form of dust from grading and traffic on dirt roads, and emissions from construction equipment. To reduce these short-term construction impacts to the lowest extent possible the project would be conditioned with mitigation measures designed to reduce dust and construction emissions - (Final EIR 90-03, Section 3.3.3, Page III-33; and Master EIR 93-01, Section 5.3.5, Page 5.3-11). Short-term construction impacts for this project can be mitigated below a level of significance locally, but operation-related emissions are still considered cumulatively significant because the area is located within a “non- attainment basin”, therefore, the “Initial Study” checklist is marked ” YES - significant”. This project is not required to prepare an EIR because the recent certification of the Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This 14 Rev. 3/B/95 all . - . “Statement Gf Overriding Consideration” applies to all projects covered by the Master EIR, including residential projects in Specific Plan 203, therefore, no further environmental review of air quality impacts is required. Cultural & Paleontolonical Resources: Section 3.60 of Final EIR 90-03 identified no archaeological or historic sites within the project boundaries. Sdi- 9607 is identified as the closest resource site within the area and it is located approximately 100 to 300 meters east of the property. The offsite public road that provides access to the property through Emerald Ridge - West could potentially impact CA-SDI-9607, therefore, a Historical/Archaeological Survey of the site was prepared by Gallegos 8t Associates, Dated September 1994. The report concluded that due to the limited number or artifacts and the disturbed nature of the deposit, site CA-SDI-9607(W-115) is identified as not important under CEQA and the City of Carlsbad Guidelines, and no further study or mitigation is required. Section 3.10 of Final EIR 90-03, identified the potential for the presence of significant paleontological resources throughout the entire specific planning area, with a high potential for the discovery of fossils during future grading and construction activities. To reduce this potential impact to below a level of significance the project would be conditioned with mitigation measures designed to protect paleontological resources - (Section 3.10.0, Page III-107, Final EIR 90-03). BIOLOGICAL ENVIRONMENT: Backmound: The Biology Section (3.4) of Final EIR 90-03 provides baseline data at a gross scale due to the large size of the specific plan 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 specific plan 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. The implementation of the biological section of the EIR is based on future site specific biological survey studies that focus on the impacts created by individual subsequent development projects. These additional biological studies are required to consider the baseline data and biological open space recommendations of Final EIR 90-03 and provide more detailed and current resource surveys plotted at the tentative map scale for each property. The range of the future mitigation options may 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. Project Level Biological Reuorts: To meet these EIR requirements a biological resources field survey was prepared for the project by RECON, dated January 1995 and updated June 20, 1995. In addition, a Biological Survey Report for an adjacent property (Emerald Ridge - West), prepared by Brian Mooney Associated, dated August 1995, evaluated impacts created by the project’s local access road which leads from future Hidden Valley Road through Emerald Ridge - West to the project site. These subsequent biological studies are intended to provide more focused, current, and detailed project level analysis of site specific biological impacts and provide more refined project level mitigation measures as required by Final EIR 90-03. The project site was surveyed for sensitive plant and animal species and three (3) sensitive plant species were identified onsite, and five (5) sensitive wildlife species were observed either onsite or within the sewer line 15 Rev.3/28/95 a9 - alignment “B”. All three sensitive plant species would be preserved in the proposed 19.24 acre open space lot. The “threatened” coastal California gnatcatcher was observed in the Diegan coastal sage scrub and the mule fat scrub along the west side of the site. The least Bell’s vireo and the willow flycatcher occur in riparian habitat, however, they were not observed on the site. The potential for these species to occur in the area is considered low because of the small size and extent of the riparian habitat. The property was also surveyed for the burrowing owl and the bird was not observed on the site. Offsite Roadwav and Utility Imuacts and Alternatives: The RECON Biological Report indicates that implementation of the project’s off-site sewer and stormdrain alignment “B” would create additional significant impacts to riparian habitat not discussed in Final EIR 90-03, therefore, mitigation measures designed to reduce biological impacts to below a level of significance will be required as part of the project. Alignment “B” may have a Potentially significant impact on sensitive biological habitat which is under the jurisdiction of two (2) “Responsible” public resource agencies, the California Coastal Commission and the California Department of Fish and Game (CDFG). The construction of the project’s sewer may be considered an alteration to a streambed and require a permit from the CDFG and the Army Corp of Engineers. If feasible, the Alternative “B” sewer line should be tunneled under Encinas Creek to avoid impacts to the wetlands. To reduce riparian impacts to below a level of significance, and contingent on the approval of the appropriate resources agencies, any areas of riparian habitat disturbed by construction of the sewer line shall be replanted/enhanced with native riparian species at a 3:l ratio so there is no “net loss” of habitat, and impacts are temporary. The project will be required to obtain all necessary or applicable resources agency permits prior to approval of a fmal map or grading permit, whichever occurs first. Based on comments from the California Coastal Commission during the last public review period for the project’s Mitigated Negative Declaration, the developer has proposed a more environmentally sensitive sewer and stormdrain alignment “A. If the newly proposed and environmentally preferred alternative sewer and stormdrain alignment “A” is implemented, then no native habitat would be impacted and habitat mitigation is not required, per the analysis provided in the updated Biological Survey Report, prepared by RECON, dated June 20, 1995. The Mooney & Associates Biological Report, dated August 1995, indicates that the project’s main access road leading from future Hidden Valley Road, through Emerald Ridge-West, to the project site would impact approximately 0.05 acres of disturbed coastal sage scrub habitat (CSS). Because the off-site CSS habitat is regarded as disturbed and the remaining high quality CSS habitat in this area would be preserved, the project shall be conditioned to mitigate the 0.05 acre CSS impact by acquiring, for preservation, comparable quality habitat at a ratio of 1: 1. The developer is proposing to mitigate this impact by purchasing, for preservation, .05 acres of Coastal Sage Scrub habitat within the high quality, coastal sage scrub area found in the Carlsbad Highlands mitigation bank (subject to the approval of the U.S. Fish and Wildlife Service and the California Department of Fish). 1 City’s Habitat Management Plan. NCCP. and 4d Rule Determination: The construction of the local access road in this area is the least environmentally damaging access alternative, it provides primary access to an otherwise landlocked area that is surrounded by steep slopes and high quality CSS, and it would result in the loss of 0.05 acres of disturbed CSS habitat, therefore, prior to the issuance of a grading permit the City may have to authorize this project to draw from the City’s 167.5 acre (5%) CSS take allowance. The take of 0.05 acres of CSS habitat from the Emerald Ridge-West property site will not impair the ability of the City to implement it’s draft Habitat Management Plan (subregional NCCP). Prior to completion of a subregional NCCP/Carlsbad Habitat Management Plan (HMP), interim approval must be secured for losses of coastal sage 16 Rev.3/28/95 30 scrub habitat. A procedure has been established which allows the local jurisdiction to benefit from the 4(d) rule. This procedure includes: establishment of the base number of acres of coastal sage scrub habitat in the subregion, calculate 5% for the interim habitat loss, and keep a cumulative record of all interim habitat losses. The City of Carlsbad has calculated that 5% of the base acreage of coastal sage scrub is 165.70 acres. As of March, 1995,3.96 acres have been taken. The loss of coastal sage scrub due to the Mar Vista project (0.05 acres) would result in a cumulative habitat loss of 4.01 acres for the HMP area once all the approved loses have been taken. This loss does not exceed the 5 % guideline of 165.70 acres. The 0.05 acre take area is located outside of any Preserve Planning Areas. The habitat loss will not preclude connectivity between areas of high habitat values since this area is not included as a part of a Linkage Planning Area (LPA). The habitat loss will not preclude or prevent the preparation of the Carlsbad HMP in that the area is not a part of a Linkage Planning Area, makes no contribution to the overall preserve system and will not significantly impact the use of habitat patches as archipelago or stepping stones to surrounding PPAs. The habitat loss has been reduced or mitigated by the design of the project, in that this access alignment is the most sensitive in terms of habitat and slope impact. Mitigation for the loss of the 0.05 acres of CSS will be in the form of the acquisition of habitat credits as discussed above. The loss of habitat on the Emerald Ridge-West property will not appreciably reduce the likelihood of the survival and recovery of the gnatcatcher. The habitat loss is located in a disturbed area that is directly adjacent to future Hidden Valley Road and the Poinsettia Community Park, therefore, large blocks of habitat will not be lost and fragmentation will not occur. The habitat area being impacted is at the periphery of a larger CSS habitat area; it is not in the center where the loss of habitat would be more important. The habitat loss is incidental to otherwise lawful activities. The development of the Mar Vista property is a legal development and all required permits will be obtained. Mitigation for impacts to the CSS habitat will be accomplished in the form of purchase of equal or better habitat credits at an off-site location. This mitigation area has been identified as the Carlsbad Highlands Mitigation Bank site which has previously been accepted by the California Department of Fish and Game and the United States Fish and Wildlife Service. Noise and Light Irnuacts to Gnatcatchers: Since coastal California gnatcatchers are known to occur in the area to the west and north of the property per the RECON surveys, there may be an indirect impact to the gnatcatcher from the project’s lights. These impacts can be avoided by directing construction and project lighting away from the native habitats. The development will be conditioned to prohibit any flood lights from projecting into native habitat areas, The RECON report was also determined that noise from the construction of the project would not significantly impact gnatcatchers in the area. Future Hidden Valley Road Irnnacts: An offsite access requirement for this project includes the construction of future Hidden Valley Road from Camino de las Gndas to Palomar Airport Road. The Initial Study and adopted Mitigated Negative Declaration for the Sambi Project - (CT 92-02), identified significant biological impacts associated with the construction of the northern segment of Hidden Valley Road from Poinsettia Community Park north to Palomar Airport Road. As part of the Sambi project a preliminary biological mitigation program was also adopted to reduce significant biological impacts associated with the roadway. As of the date of preparation of this Initial Study all required Local, State, and Federal permits have been obtained for the construction of Hidden Valley Road. Since CT 94-l 1 (Mar Vista) is dependent on this offsite roadway for access, compliance with all approved biological mitigation as part of all local and resource agency permits will become a condition of approval for this project. If the developer constructs the roadway as part of this project, then that developer must comply with the terms and 17 Rev. qzaps 3, conditions of the applicable permits. Agriculture: The relatively level portions of the site are currently being utilized for agricultural purposes. The site’s soil (Marina Loamy Coarse Sand (MK) & Chesterson Fine Sandy Loam (CfR)) is not considered prime, Class I or II, agricultural soil. The site is located in the Coastal Agricultural Overlay Zone (Site II) of the Mello II Segment of the Local Coastal Program. Section 3.0 of Final EIR 90-03 evaluated impacts created by the conversion of agricultural land use to urban land use in the overlay zone. The EIR concluded that the cumulative loss of agricultural land could be offset with the mitigation measures established and required by Mello II Segment of the LCP, therefore, the appropriate condition will be added to the project - (Section 3.1.3, Page III-20, EIR 90-03). HUMAN ENVIRONMENT: Planned Land Use And Density: The project would not alter the planned land use of the site and is consistent with the Residential Medium (RM) land use designation and density established by the Land Use Element of the City’s General Plan. The RM designation allows up to 8 dwelling units per net acre with a Growth Control Point of 6 dwelling units per net acre. The project’s proposed density is 2.45 dwelling units per net acre. Hazardous Substances: The site has been farmed and cultivated for a number of years and there may be a potential for significant impacts to future residents from accumulations of hazardous chemicals in the soil. To evaluate this potential impact a Preliminary Pesticide Residue Survey was prepared by Geo Soils Inc., dated June 1994. The survey report indicates that very low level concentrations of three pesticides (3); 4,4’-DDE, 4,4’-DDT, and toxaphene were detected in soil samples taken from the site. The report concluded that the pesticide levels in the random soil samples were sufficiently below regulatory levels to not warrant additional testing or assessment. The report made a similar conclusion for two Dioxin isomers found at very low levels in the soil on the site, therefore, the potential hazard is considered less than significant, and no further analysis is required. Section 3.9.2.3 of Final EIR 90-03 analyzed land use incompatibilities caused by the ongoing use of agricultural chemicals and the future development of residential land uses. As phased development proceeds within the specific plan area, interface conflicts associated with pesticide spraying, irrigation runoff, and odor impacts may arise between agricultural operations and residential uses. To reduce such impacts to below a level of significance, the appropriate EIR recommended mitigation measures will be made a condition of the project - (Section 3.9.3, Page III-103, Final EIR 90-03). Mitigation will include walls, drainage control, and a notification to all future residential land owners that this area is subject to dust, pesticide, and odors associated with adjacent agricultural operations. Light and Glare: The property is surrounded by open space to the west and north, a future public park with several lighted sports fields to the south, and similar residentially zoned property to the east, therefore, the light generated from the vehicles, street lights, and homes in this single-family project will not significantly impact the surrounding land uses. 18 Rev. 3/28495 3s Circulation: The project would increase local traffic in the area, however, a Traffic Study prepared for the project by WPA Traffic Engineering, Inc., dated October 1994, and a Traffic Impact Analysis conducted as part of the Zone 20 Specific Plan indicates that compliance with the circulation requirements of the Zone 20 Specific Plan (SP 203), Final Program EIR 90-03, and the Local Facilities Management Plan for Zone 20 would mitigate any significant local traffic impacts - (Section 3.5, Page III-58, Final EIR 90-03). Final EIR 90-03 for the Zone 20 Specific Plan (SP 203) evaluated circulation impacts, however, this discussion has now been supplemented by the Circulation Section 5.7 of Final Master EIR 93-01. Public Facilities: The project is located within the Zone 20 Local Facilities Management Plan. Public facility impacts and financing have been accounted for in this plan to accommodate the residential development. The residential land use would be consistent with the General Plan, therefore, the project would not significantly impact public facilities and planned land uses. In addition, a condition will be added to the project to require that the developer enter into an agreement with the appropriate school district to ensure that there are adequate school facilities available to serve the residential subdivision - (Section 3.11, Page III-1 12, Final EIR 90-03). Noise: Section 3.8 of Final EIR 90-03 evaluated potential noise impacts for future projects located in Specific Plan 203 and recommended that noise studies be prepared for projects impacted by traffic and airport noise. A portion of the site is located within the 60 to 65 dBA CNEL contour, therefore, noise from existing Palomar Airport Road, Paseo De1 Norte, and the airport would create a significant impact on the homes in this project. A Noise Technical Report was prepared for the project by RECON, dated December 1994. Noise levels on the project site will exceed the Noise Element’s exterior traffic noise standard of 60 CNEL and the interior noise standard of 45 CNEL, therefore, mitigation measures are required to reduce the noise levels to the adopted standard. The project will be conditioned to comply with all the appropriate mitigation recommendations of Section 3.8.3 of Final EIR 90-03 and the recommendations of the project’s noise report. Noise mitigation will include perimeter sound attenuation walls and the utilization of construction techniques and materials designed to provide adequate sound attenuation. Visual Aesthetics: Section 3.13 of Final EIR 90-03 analyzed potentially visual impacts created by development within Specific Plan 203, including this property. It was determined that visual impacts to the Palomar Airport Road Viewshed (Vantage Point 7, Figure 3.16-6) could be potentially significant. To reduce these potential impacts to below a level significance the EIR recommended mitigation measures, including additional visual analysis - (Section 3.13.3, Page I&49, Final EIR 90-03). The proposed project is a residential lot subdivision, and at this point in time, no residential structures are being planned. Due to the visual sensitivity of the site and it’s location adjacent to a future public park, the Planning Department is recommending that the Qualified Overlay Zone be placed on the property. This will ensure that a Site Development Plan (SDP), in compliance with the standards of the Qualified Overlay Zone, is processed for the placement and design of the future homes. This future SDP will evaluate visual impacts created by the building height, building facades, roof lines, and colors of homes along the northern and western edge of the mesa. The SDP will also evaluate the placement of homes on the individual lots in relationship to setbacks, and the visual street scene from internal public streets. As part of the development of future homes on the site, the project will 19 Rev. 3/28195 3 3 . be conditioned to require additional visual analysis. This analysis shall consist, at a minimum, of computer- enhanced photo modifications showing development conditions proposed by the project. MANDATORY FINDINGS OF SIGNIFICANCE: As discussed in the Biological Section of this EIA, the implementation of sewer alignment “B” will impact riparian resources and the construction of a local public access road will impact .05 acres of coastal sage scrub habitat. However, mitigation measures included as part of this EIA and the project will adequately mitigate impacts to biological resources. The implementation of projects that are consistent with the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Local traffic impacts for this project can be mitigated below a level of significance, but regional related impacts are still considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “YES - significant”. This project is not required to prepare an EIR because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Consideration” applies to all subsequent projects covered by the Master EIR, including residential projects in Specific Plan 203, therefore, no further environmental review of circulation impacts is required. As previously discussed within this document, this project will not create environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Alternatives: Project alternatives are required when there is evidence that the project will have a significant adverse impact on the environment and an alternative would lessen or mitigate those adverse impacts. Public Resources Code Section 21002 forbids the approval of projects with significant adverse impacts when feasible alternatives or mitigation measures can substantially lessen such impacts. A “significant effect” is defmed as one which has a substantial adverse impact. Given the attached mitigation conditions, this project has “NO” significant physical environmental impacts, therefore, there is no substantial adverse impact and no justification for requiring a discussion of alternatives, (an alternative would not lessen an impact if there is no substantial adverse impact). 20 Rev. 3/28/95 34 . sources: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Brian Mooney Associates, Biological Survey and Report for Emerald Ridge - West, August 1995; Fiil EIR 90-03 - Zone 20 Specific Plan; Gallegos & Associates, Historical/Archaeological Survey of the Kelly Property (Now referred to as Emerald Ridge - West) and Test of Site CA-SDI-9607 (W-115), September 1994; GeoSoils, Inc., Preliminary Pesticide Residue Survey, McReynolds Property, June 15, 1994; Leighton and Associates, Inc., Geotechnical Investigation, July 18, 1989, and Supplemental Geotechnical Investigation of Suspect Landslide Area, February 19, 1990; MEIR - 1994 Update Date of the Carlsbad General Plan; RECON Biological Surveys and Coastal California Gnatcatcher Surveys for the McReynolds Property, January 13, 1995; RECON Updated Biological Surveys and Coastal California Gnatcatcher Surveys for the McReynolds Property, June 20, 1995; RECON McReynolds Property, Technical Noise Report, December 1994; WPA Traffic Engineering, Inc., Traffic Study for the McReynolds Property, October 27, 1994. 21 Rev. 3/28/95 +iH 3-4 ’ LIST MITIGATING MEASURES CIF APPLICABLE1 1. SewerlStormdrain Alternative ‘B” - Implementation of Alternative “B” as it crosses En&as Creek, would impact .02 acres of riparian vegetation. Mitigation for this impact will require tbe replacement of this riparian vegetation at a 3:l ratio so there is no “net loss” of habitat, and if feasible, the sewer line should be tunneled under Encinas Creek to avoid impacts to the streambed and surrounding wetlands. AM riparian areas impacted along the proposed sewer/stormdrain alignment shall be replanted/enhanced, Prior to the issuance of a final map or grading permits, wbicbever occurs first, the developer shall be required to: consult with the California Department of Fish and Game, Army Corps of Engineers, and the U.S. Fish and Wildlife Service regarding specific permits and mitigation for impacts to .02 acres of riparian vegetation. OR Sewer/Stormdrain Alternative “A” - Implementation of Alternative “A” crosses Encinas Creek. Prior to the issuance of a final map or grading permits, whichever occurs first, the developer shall obtain a Streambed Alteration Agreement from the California Fish and Game Department, if required for any proposed alterations to existing natural watercourses, and shall comply with any and all permit requirements associated therewith, pursuant to Section 1601/1603 of the Fish and Game Code. Tbe developer, in conjunction with the Department of the Army Corp of Engineers shall determine whether a 404 permit shall be required for alterations to wetland areas. 2. .OS acres of Coastal Sage Scrub (CSS) habitat will be directly impacted by this project. The impacted CSS habitat is regarded as low quality. Pursuant to the Interim Take provisions of the 4d Rule for the California guatcatcber, the project shall be required to mitigate this loss of .05 acres of CSS by acquiring for preservation comparable quality habitat at a 1:l ratio. The developer proposes to mitigate this impact by purchasing, for preservation, .05 acres of CSS habitat within the high quality, coastal sage scrub area found in the Carlsbad Highlands mitigation bank. This proposal hall require the approval of the U.S. Fish and Wildlife Service (USFWS), and the California Department of Fish and Game. Prior to the issuance of grading permits, the project applicant shall be required to consult with and obtain necessary “take” permits from the USFWS, the California Department of Fish and Game for impacts to the loss of .05 acres of CSS. 3. Prior to construction of Hidden Valley Road from Palomar Airport Road sout b to Poinsettia Community Park, the developer shall comply with all California Department of Fib and Game, Army Corps of Engineers, and U.S. Fish and Wildlife Service permits and the approved final biological mitigation plans dated July, 1995, on Ne in the Planning Department. 4. The CC&Rs for tbe project shall include a requirement, stating that flood lights from the development shall not project/shine into the native habitat areas. ATTACH MITIGATION MONITORING PROGRAM (TF APPLICABLE) See Attached Sheet 22 Rev. 3l28/95 36 . . APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date 23 Rev. 3/28/!25 31 u Y 6 ‘J .I E .” A EXHBIT “X” ADDENDUM TO RECIRCULATED MITIGATED NEGATIVE DECLARATION After the Recirculated Mitigated Negative Declaration was sent out for public review the project’s zone change request was expanded to include the 56 acre MSP California LLC parcels located directly east (APN 212-040-32, and 36). In accordance with Section 15164 of the CEQA Guidelines this addendum has been added to the Recirculated Mitigated Negative Declaration to consider this minor addition to the project’s description. The project description has been expanded to include the zone change. The requested zone change covers the McReynolds property and tbe adjacent property to tbe east, owned by MSP California LLC. Tbe zoning on the MSP California parcel would be changed from Residential Density Multiple with the Qualified Overlay Zone (RDM-Q) to the One-Family Residential Zone with the Qualified Overlay Zone (R-1-7500-Q). MSP California currently has tentative map applications in process with the City for single-family residential subdivisions on this property (APN 212-040-32, and 36). The zoning on the McReynolds property would be changed from the Planned Community Zone (PC) to One-Family Residential with the Qualified Overlay Zone (R-1-7500-Q). Both properties currently contain the Residential Medium (RM) General Plan Land Use designation and are topographically isolated from surrounding land uses to the west, north, and east. The two requested zone change are considered minor because the changes do not affect the General Plan residential (RM) land uses on the properties. Changing from one type of residential zoning (PC & RDM) to another type of residential zoning (R-1-7500) only affects the type of development standards that are eventually applied to the future residential development. In this case, tbe proposed R-1-7500 Zone is a more restrictive residential zone than the existing PC and RDM Zones, therefore, the zone changes have no significant adverse affect of the environment and can be considered a minor technical change to the project’s description. PLANNING COMMISSION RESOLUTION NO. 3873 A RESOLUTION OF THE PLANNIN G COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF TWO ZONE CHANGES FROM PLANNED COMMUNITY (PC)TOTHE ONE-FAMILY RESIDENTIAL ZONE WITH THE QUALIFIED DEVELOPMENT OVERLAY ZONE (R-l- 7500-Q) AND FROM RESIDENTIAL DENSITY - MULTIPLE WITH THE QUALIFIED DEVELOPMENT OVERLAY ZONE (RDM-Q) TO ONE-FAMILY RESIDENTIAL WITH THE QUALIFIED DEVELOPMENT OVERLAY ZONE (R-1-7500-Q) ON TWO PROPERTIES GENERALLY LOCATED NORTH OF CAMINO DE LAS ONDAS, EAST OF PASEO DEL NORTE, AND SOUTH OF PALOMAR AIRPORT ROAD, WITHIN SPECIFIC PLAN 203, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20. CASE NAME: MAR VISTA CASE NO: zc 94-04 WHEREAS, McReynolds and MSP California LLC have filed a verified application for certain property to wit: Parcel C of Parcel Map No. 2949, in the City of Carisbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, August 9,1974, as File No. 74216632 of official records. AND Ail that certain parcel of iand delineated and designated as “Description No. 1,10391 Acres” on Record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19,1960, being a portion of Lot G of Ranch0 Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, IS%, a portion of which lies within the City of Carisbad, ail being in the County of San Dlego, State of California. Excepting therefrom that portion lying within Parcels “A”, “B”, “C” and “D” of Parcei No. 2993 in the City of Carisbad, County of San Diego, State of Caiifornia, filed in the Office of the County Recorder of San Diego County, August 23,1974 as File No. 74230326 of Official Records. with the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Zone Change as provided by Section 2152 of the CarIsbad Municipal Code; and 1 WHEREAS, the Planning Commission did on the 3rd day of January, 19% 2 hold a duly noticed public hearing as prescribed by law to consider said request; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony 4 and arguments, if any, of all persons desiring to be heard, said Commission considered all 5 6 factors relating to the Zone Change. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 9 Al That the foregoing recitations are true and correct. 10 W That based on the evidence presented at the public hearing, the commission 11 RECOMMENDS APPROVAL of ZC 94-04, according to Exhibit “Y”, dated January 3, 199S, attached hereto and made a part thereof, based on the 12 following findings and subject to the following conditions. 13 Findinps: 14 15 16 17 18 1. That the proposed Zone Change from (PC) to (R-l-7SOO-Q) and from (RDM-Q) to (R-1-7500-Q) is consistent with the goals and policies of the various elements of the General Plan, in that the One-Family Residential Zone (R-1-7500) allows residential development which is compatible and consistent with the underiying Generai Plan Land Use Designation of Residential Medium (RM) for both properties, which allows 4 to 8 residential dwelling units per acre with a Growth Control Point of 6 dwelling units per acre. 19 2. That the Zone Change will provide consistency between the General Plan and 20 Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the One-Family Residential Zone (R-l-7500) is consistent 21 with the Residential Medium (RM) Generai Plan Land Use Designation. 22 Conditiong: 23 1. Approval of ZC 94-04 is granted subject to the approval of the Recirculated 24 Mitigated Negative Declaration, LCPA 94-04, CT 94-11, SDP 94-10, and HDP 94-09. ZC 94-04 is subject to all conditions contained in Planning Commission No. 3872, 25 3874,3875,3876, and 3877. 26 27 28 . . . . PC RBSO NO. 3873 -2- . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2: 24 21 2f 2; 2t h PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of January, 1996, by the following vote, to wit: ATTEST: AYES: Chairperson Compas, Commissioners Monroy, Nielsen, Noble, Savary and Welshons NOES: None ABSENT: Commissioner Erwin ABSTAIN: None WILLIAM COMPAS, @hairperson CARLSBADPLANNIN G COMMISSION Planning Director PC RESO NO.3873 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - PLANNING COMMISSION RESOLUTION NO. 3874 A RESOLUTION OF THE P LANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDINGAPPROVALOFANAMENDMENTTO THE MELLO II SEGMENT OF THE CARLSBAD LOCAL COASTAL PROGRAM TO CHANGE THE ZONING ON TWO PROPERTIES FROM PLANNED COMMUNITY (PC) TO THE ONE-FAMILY RESIDENTIAL ZONE WITH THE QUALIFIED DEVELOPMENT OVERLAY ZONE (R-l- 7500-Q) AND FROM RESIDENTIAL DENSITY - MULTIPLE WlTH THE QUALIFIED DEVELOPMENT OVERLAY ZONE (RDM-Q) TO ONE-FAMILY RESIDENTIAL WITH THE QUALIFIED DEVELOPMENT OVERLAY ZONE(R-1-7500-Q) ON TWO PROPERTIES GENERALLY LOCATED NORTH OF CAMINO DE LAS ONDAS, EAST OF PASEO DEL NORTE, AND SOUTH OF PALOMAR AIRPORT ROAD, WITHIN SPECIFIC PLAN 203 AND THE COASTAL ZONE, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20. CASE NAME: MAR VISTA CASE NO: LCPA 94-04 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; WHEREA!$ McReynoids and MSP California LLC have filed a verified application for certain property described as: Parcel C of Parcei Map No. 2949, in the City of Carisbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, August 9,1974, as Pile NO. 74216632 of official IVCOITJS. AND Ail that certain parcel of land delineated and designated as “Description No. 1,103.91 Acres” on Record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot G of Ranch0 Agua Hedionda, according to Map thereof No. 823, illed in the Office of the County Recorder of San Diego County, November 16, 1896, a portion of which lies within the City of Carisbad, ail being in the County of San Diego, State of California. Excepting therefrom that portion lying within Parcels “A”, ” ” ” B , C” and “D” of Parcel No. 2993 in the City of Carisbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 23,1974 as Pile No. 74230326 of OfRciai Records. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 located, as shown on Exhibit “Z” , dated January 3,1996, attached and incorporated herein, has been filed with the Planning Commission; and WHEREAS, said verified application constitutes a request for amendment as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations, and; WHEREAS, the Planning Commission did on the 3rd day of January, 1996, hold a duly noticed public hearing as prescribed by law to consider the proposed Local Coastal Plan Amendments shown on Exhibit “Z”, 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 Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a sixweek public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: 4 That the foregoing recitations are true and correct. B) At the end of the State mandated six week review period, starting on November 30,1995, and ending on January 11,1996, staff shall present to the City Council a summary of the comments received. c) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LCPA 94-04 as shown on Exhibit “Z”, dated January 3, 1996, attached hereto and made a part hereof based on the following findings and subject to the following conditions: Findings: 1. That the proposed Local Coastal Progr& Amendment is consistent with all applicable policies of the Meilo II segment of the Carlsbad Local Coastal Program PC RF230 NO.3874 -2- 44 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , i in that the zone change will maintain and provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the One-Family Residential Zone (R-l- 7500) is consistent with the Residential Medium (RM) General Plan Land Use Designation. 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required when rezoning related to land use regulations within the Coastal Zone occurs after the certification of a local government’s Local Coastal Program. Conditions: 1. Approval of LCPA 94-04 is granted subject to the approval of the Recirculated Mitigated Negative Declaration, ZC 94-04, CT 94-11, SDP 94-10, and HDP 94-09. LCPA 94-04 is subject to all conditions contained in Planning Commission No. 3872, 3873,3875,3876, and 3877. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 3rd day of January, 1996, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Monroy, Nielsen, Noble, Savary and Welshons NOES: None ABSENT Commissioner Erwin ABSTAIN: None WILLIAM COMPAS, Chairperson CARLSBADPUNNIN G CCMMISSION ATTEST: Planning Director PC FIESO NO. 3874 -3- EXHBIT ‘2” January a,1996 0 1 EXISTING P-C PROPOSED R-l-7500-Q 0 2 EXISTING RD-M-Q PROPOSED R-1-7500-Q MAR VISTA ZC 94:04/LCPA 94-04 . , ,,. _ MAR VISTA ZC 94-04/LCPA 94=04/CT 94-l l/ SDP 94-1 O/HDP 94-09 - EXHWT 5 Item No.: 2 0 P.C. AGENDA OF: JANUARY 3,1996 Application complete date: December 7,1994 Project Planner: Jeff Gibson Project Engineer: Mike Shitey SUBJEm LCPA 9444ZC 94-04KT 94lVSDP 94=lO/HDP 94-09 - MAR VISTA - Request for recommendation of approval for a Mitigated Negative Declaration, Local Coastal Program Amendment, Zone Change, Tentative Map, Site Development Plan, and Hillside Development Permit, to: (1) change the zoning from Planned Community Zone (PC) and Residential Density Multiple (RDM) to the One-Family Residential Zone with the Qualified Development Overlay Zone (R-1-7500-Q); (2) subdivide the property into 49 single-family lots and one open space lot; and (3) allow 8 future second-dwelling units; all on property generally located east of Paseo de1 Norte, north of Camino de las Qndas, and south of Palomar Airport Road, within Specific Plan 203 and Local Facilities Management Zone 20. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3872, RJXOMMENDING APPROVAL of the Mitigated Negative Declaration issued by the Planning Director, and ADOPT Planning Commission Resolution Nos. 3873, 3874, 3875, 3876,3877 RECOMMENDING APPROVAL of LCPA 94-04, ZC 94-04, CT 94-11, SDP 94- 10, and HDP 94-09, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The developer proposes to change zoning on two properties to single-family residential, subdivide the 34.3 acre McReynolds parcel into 49 single-family lots, and provide second dwelling units to satisr) inclusionary housing requirements. Architectural elevations and floor plans are provided for the second dwelling units and the project is consistent with all City codes, policies, and ordinances as well as Specific Plan 203. There are no unresolved issues associated with this residential subdivision. The 34.3 acre McReynold’s parcel is located within the Coastal Zone, Specific Plan 203, and has Residential Medium (RM) and Qpen Space (OS) General Plan Land Use designations. The proposed project would include the following major features: . LCPA 94-04/X 94-04/X 94-ll/SDP 94-lO/HDP 94-09 - MAR VISTA JANUARY 3,1996 1. A change in the McReynold parcel’s zoning from the Planned Community Zone (PC) to the One-Family Residential Zone with the Qualified Development Overlay Zone (R-1-7500-Q); 2. A change in the zoning on the adjacent property to the east (MSP California LLC) from the Residential Density Multiple Zone with the Qualified Overlay Zone (RDM- Q) to the One-Family Residential Zone with the Qualified Overlay Zone (R-1-7500- Q); 3. A residential subdivision of the 34.3 acre McReynold’s property into forty-nine (49) single-family lots, and one 19.24 acre open space lot; and, 4. The designation of 8 lots for future second-dwelling units to satisfy the City’s inclusionary housing requirements. The second-dwelling units would have exterior access, be incorporated into the second-story of the primary home, and utilize a portion of the three-car garage for parking. The major project improvements would include the following: 1. The construction of local public streets, curbs, gutters, sidewalks and drainage facilities necessary to service the new lots; 2. A northern sewer line that connects from the property to an existing sewer line located along En&as Creek and Palomar Airport Road; and, 3. The construction of a local off-site public street named Cherry Blossom Road from Hidden Valley Road west to the project site. Currently the eastern half of the McReynolds property is being used for agricultural purposes. It is also surrounded by open space to the west and north, Poinsettia Community Park to the south, and similar residentially designated (RM) property to the east. The majority of the site contains very gently sloping topography that rises from west to east. The western half of the property consists of a finger canyon which continues north and connects with Canyon de las Encinas. The flat buildable areas within the eastern half of the property are rimmed by steep slopes along the west and north. Topographic elevations on the site range from approximately 52 feet in the canyon floor to 180 feet above mean sea level on the gently sloping mesa. The following vegetation types are present on the property: 1. Ruderal/agriculture on the gently sloping mesa; 2. Pampas grass, diegan coastal sage scrub, and southern mixed chaparral along the steeper slopes surrounding the mesa to the north and west; and 3. Riparian southern willow scrub, and baccharis/mule fat in the bottom of the western finger canyon. h LCPA 94-04/X 94-04/CT 94-ll/SDP 940lO/HDP 94-09 - MAR VISTA JANUARY 3,1996 Vehicular acce58 to the site would be provided by future Cherry Blossom Road which connects to Hidden Valley Road. Hidden Valley Road is east of the property and intersects with Camino de las Qndas to the south and Palomar Airport Road to the north. The project site is located within the boundaries of Specific Plan 203 which covers the 640 acre Zone 20 Planning Area. Specific Plan 203 was approved by the Planning Commission and sty Council in 1993. The specific plan provides a framework for the development of the vacant properties within Zone 20 to ensure the logical and efficient provision of public facilities and community amenities for the future residents of the planning area. The proposed project is subject to the following adopted land use plans and regulations: A. B. C. D. E. F. G. H. IV. General Plan with RM and OS Land Use Designations; specific Plan 203; Carlsbad Municipal Code, Title 21 (Zoning Ordinance), including: 1. Chapter 21.52 Zone Change; 2. Chapter 21.10 One-family Residential Zone; 3. Chapter 21.06 Qualified Development Overlay Zone; 4. Chapter 21.85 Inclusionary Housing, and Chapter 21.53, Site Development Plan required for affordable housing project; and, 5. Chapter 21.95 Hillside Development Regulations. Mello II Segment of the Local Coastal Program (LCP); Carlsbad Municipal Code, Title 20 (Subdivision ordinance); Habitat Management Plan: (in process) Growth Management Qrdinance, (Local Facilities Management Plan Zone 20); and, Environmental Protection Procedures (Title 19) and the California Environmental Quality Act (CEQA). ANALYSIS Staff is recommending approval of this project for the reasons stated in the staff report. Consequently, this analysis section was developed by analyzing the project’s consistency with the applicable plans, policies, regulations, and standards listed above and presented through the use of the following tables and text. - - LCPA 94-04/X 94-04/CI’ 940ll/SDP 94-lO/HDP 94-09 - MAR VISTA JANUARY 3,1996 A. carlsbad General plan: The proposed project is consistent with the policies and programs of the General Plan. The table below indicates how the project complies with the Elements of the General Plan which are particularly relevant to this proposal. Land Use Housing Qpen Space Circulation Noise Parks & Ret Public Safety 1. 2. Proposed residential density of 2.45 dus/net acre is below the GP designation of RM 4-8 du/net acre and growth control point of 6 dus/net acre; and, Zone changes from PC and RDM to R-1-7500-Q are consistent with the underlying GP designation of Residential Medium Provide 8 dwelling units as second dwelling units and payment of a fee to satisfy the inclusionary housing requirement. 1. 2. GP constrained lands are (steep slopes and riparian habitat) protected in 19.24 acre open space lot; and, City Wide Trail Link No. 29 to be aligned off-site to the east to minim& California gnatcatcher, coastal sage, and riparian impacts in the western finger canyon. Required roadway and intersection improvements, including Hidden Valley Road from Camino de las Qndas to Palomar Airport Road, are shown on the tentative map, or included as conditions of approval. Exterior noise levels mitigated to 60 dBA CNEL with 4 foot high walls, Interior noise levels mitigated to 45 dBA CNEL with standard building construction techniques and materials; and, Residential land use is conditionally compatible with land uses designated within the 60-65 dBA CNEL noise contours of the airport land use plan (CLUP). Proposed project is required to pay Park-in-lieu fees. Proposed project is required to provide sidewalks, street lights, and fire hydrants, as shown on the tentative map, or included as conditions B. specific Plan 203: The proposed project is consistent with the policies of Specific Plan 203. The table below indicates how the project complies with the relevant requirements of the specific plan: LCPA 94-04/Z 94-04/(X 940ll/SDP 94-lO/HDP 94-09 - MAR VISTA JANUARY 3,1996 PAGE 5 Land Use Compatibility Circulation Landscaping Building Elevations Affordable Housing Site Design Qpen space is provided along the western and northern slopes, proposed low density residential is compatible with future residential (RM) to the east, and there is a roadway and 40 foot buffer between the residential building pads and the community park to the south. See General Plan Discussion under Circulation. In addition, Hidden Valley Road would have pedestrian sidewalks and bike lanes. 70% of the lots have three (3) street trees in the front yard, and 30% of the lots have one (1) tree. All manufactured slopes have landscaping to prevent-erosion and to provide visual screening. The building elevations of future single-family homes would be reviewed by the Planning Commission under a Site Development Plan. Provide 8 second dwelling units; or Have option to participate in off-site combined project or purchase credits in Villa Loma and amend SP 203 to designate off-site location. The layout of the subdivision does not impact steep slopes, the streets are curvilinear, and there are adequate buffer areas from the open Zoning Ordinance: 1. Zone Change: The requested Zone Change covers the McReynolds property and the adjacent property to the east, owned by MSP California LLC. MSP California LLC currently has tentative map applications in process with the City for single-family residential subdivisions on this property (APN 212-040-32, and 36). The zoning on the McReynolds property would be changed from the Planned Community Zone (PC) to One-Family Residential with the Qualified Overlay Zone (R-1-7500-Q). The zoning on the MSP California parcel would be changed from Residential Density Multiple with the Qualified Overlay Zone (RDM-Q) to the Qne- Family Residential Zone with the Qualified Overlay Zone (R-1-7500-Q). Both properties contain the Residential Medium (RM) General Plan Land Use designation and are topographically isolated from surrounding land uses to the west, north, and east. The proposed zone change on both properties does not affect the potential range of residential land use types that would be allowed, since the PC, RDM, and R-1-7500 Zones all permit single and multi-family residential development. However, the ,- LCPA 94-04/ZC 94-04/CI’ 94-ll/SDP 94-lO/HDP 94-09 - MAR VISTA JANUARY 3,1996 change in zoning to R-1-7500 does affect the type of development standards applied to the future residential development. In addition, the proposed single-family land uses are consistent with the underlying RM General Plan density range of 4 to 8 du/acre for both properties. Changing the zoning to R-1-7500 on both properties would ensure the following: i. That single-family development on the two properties is consistent with R-1-7500 single-family residential development standards (i.e. setbacks and building height);, and, ii. One zone change for both properties would consolidate the number of necessary Local Coastal Program Amendments (LCPA). Rezoning related to land use regulations within the coastal zone which occur after the certification of a local government’s local coastal program require an LCPA in order to become effective. 2. One-Family Residential Zone (R-1-7500): The developer (McReynolds) is proposing to subdivide their property into single- family lots, therefore, the following table summarizes the project’s compliance with the standards of the R-1-7500 Zone: Lot size (Min.) Lot Width 7,500 Square Feet 60 Feet 7,570-35,298 SF 60-100 Feet Second Dwelling Unit Size 640 Square Feet I 640 Square Feet Garage Size & 2nd Unit Two Car Garage - 20’X Two & Three-Car Garages Parking 20 One Additional Space Lot Coverage I 40 Percent I To Be Determined with Future SDP Building Height I 30 Feet & Two-Story To be Determined with Future SDP Panhandle Lot: AccessLength - Access Width - Buildable Area - 150 Feet Max. 20 Feet Min. 8,000-10,000 SF 70-140 Feet 20 Feet 23,100~34,000 SF LCPA 94-04/ZC 94-O&T 940ll/SDP 94-lO/HDP 94-09 - MAR VISTA JANUARY 3,1996 To Be Determined with 10% of Lot Width The developer is also proposing Lots No. 19 and 31 as panhandle type lots. The two lots are justified based on the irregular configuration of the buildable area of the overall parcel. The lots are located along the northern edge of the bluff and take advantage of the curving topography in this area of the property. The panhandle lots are located along the perimeter of the site and at the end of cul-de-sac streets and would not adversely affect public street access to surrounding properties. The project has been appropriately conditioned to ensure that the panhandle lots comply with the access, parking, setback, and drainage provisions of the code. 3. Qualified Development Overlay Zone: The Q-Overlay Zone has been added to the McReynold’s zone change request due to the property’s location adjacent to the Poinsettia Community Park to the south, the existing Qualified Development Overlay zoning on the property directly east (MSP California LLC), and the fact that portions of this site are visible from Palomar Airport Road which is listed as a potential scenic corridor in the General Plan. At this point in time the developer is not planning to construct homes on the lots, therefore, the Q-Overlay Zone would require that a Site Development Plan (SDP) be approved by the Planning Commission prior to approval and issuance of building permits for the homes. The SDP would show the floor plans, placement of the homes on the lots, building height, and the architectural elevations of the homes. 4. Chapter 21.85 Inclusionary Housing, and Chapter 2153, Site Development Plan: The project would have 49 single-family lots and an inclusionaxy housing requirement of 8.647 dwelling units which must be affordable to lower income households. The developer is proposing to satisfy this housing requirement by designating, onsite, 8 lots for future second-dwelling units. The second-dwelling units would have exterior access, be incorporated into the second-story of the primary home, and utilize a portion of the three-car garage for parking. The remaining 647 fraction of an inclusionary dwelling unit would be satisfied through the payment of a fee equal to the fraction (.647) times the average subsidy needed to make affordable to a lower- income household, one newly constructed typical housing unit. The applicant has also requested the option to purchase credits in Villa Loma or participate in an off- site combined affordable project, and the project has been conditioned to require compliance with Council Policies 57 and 58 prior to City Council approval of an Affordable Housing Agreement to allow the off-site option. - LCPA 94-04/X 94-#/LT 94.11jSDP 94-lO/HDP 94-09 - G VISTA JANUARY 3,1996 PAGE 8 The Carl&ad Municipal Code requires a Site Development Plan for any affordable housing project of any size!. The Site Development Plan for this project indicates which 8 lots would be designated and deed restricted for second-dwelling units. The plans also include prototypical preliminary floor plans and building elevations to illustrate the parking arrangement and how the second-dwelling units integrate into the primary homes. If, at a later date, the developer desires to build a different type of primary home/second-dwelling unit or change the designated lots, a Site Development Plan Amendment must be approved by the Planning Director. The project has been conditioned to require an Affordable Housing Agreement that would be submitted for review and approval by the City prior to final map approval. The Affordable Housing Agreement is a legally binding agreement between the developer and the City which provides the specific details regarding the phasing and implementation of the affordable housing requirements of Specific Plan 203 and subsequent conformance with the City’s Housing Element. 5. Hillside Development Regulations: The project site contains slopes of 15% or greater and an elevation differential greater than 15 feet, therefore, a Hillside Development Permit is required. The table below indicates how the project complies with the requirements of the Hillside Development Regulations- - - Contour Grading Variety of Slope Direction & Undulation Manufactured Slopes Follow the Edge of the D. Meiio II Segment of the Locai Coastal Program: The project is located in the Mello II Segment of the Local Coastal Program (LCP) and complies with the plan as follows: - - . LCPA 94-04/Z 94-04&T 94ll/SDP 94-lO/HDP 94-09 - MAR VISTA JANUARY 3,1996 1. 2. The requested zone change for both properties would consolidate the number of necessary LocaI Coastal Program Amendments (LCPA). Rezoning related to land use regulations within the coastal zone which occur after the certification of a local government’s local coastal program require an LCPA in order to become effective. The proposed Local Coastal Program Amendment is consistent with all applicable policies of the Mello II segment of the Carlsbad Iocal Coastal Program. The zone change would maintain consistency between the General Plan and zoning as mandated by California State law and the City of Carl&ad General Plan Land Use Element, in that the One-Family Residential Zone (R-1-7500) is consistent with the Residential Medium (RM) General Plan Land Use Designation. The project is located within the Coastal Resource Protection Overlay Zone. Currently there are two proposed alternative alignments for the construction of the off- site sewer line (as shown on Exhibit “B”). Alignment “B” would impact riparian habitat and 25% + slopes containing coastal sage scrub habitat located in the small drainage that flows to the north. Sewer Alignment “A” would impact steep slopes and disturbed habitat. One of these sewer alignments to the north and down the slope would be required because the District Engineer has determined that it is not desirable or practical to sewer the northwest portion of this property via a sewer line to Hidden Valley Road. The elevation in this comer of the site is substantial lower than the eastern portion of the property, therefore, a 43+ foot deep sewer line would be required in order to connect with the already approved sewer line in Hidden Valley Road. Due to the site’s topographic constraints, a sewer line to the north is the only feasible alternative, therefore, Alternative “A” is the least environmentally damaging alternative. The Overlay Zone permits development and grading on slopes over 25% in order to provide utilities and access to developable areas of the project site if there is a no less environmentally damaging alternative. The project satisfies this criteria, and in all cases, biological mitigation is proposed to of&et any impacts to sensitive habitat, (See discussion under Section F, “Habitat Management Plan”). 3. The project will be conditioned to provide adequate drainage, siltation, and erosion control facilities as part of the approved grading permit. The grading operation would be limited to the summer construction season, April 1 to October 1. 4. The project contains vacant non-prime agricultural land containing Class III and IV soils and is located in the Coastal Agricultural Overlay Zone (Site II). The Mello II LCP requires mitigation when non-prime coastal agricultural land is converted to urban land uses. The project would be conditioned to comply with the LCP mitigation option provided when projects are located in Site II, which requires the payment of an “Agricultural Conversion Mitigation Fee” to the California Coastal Conservancy. . h LCPA 94-04/ZC 94-04/CT 940ll/SDP 94-lO/HDP 94-09 - MAR VISTA JANUARY 3,1996 E. Subdivision Ordinances The proposed tentative map would comply with all the requirements of the City’s Subdivision Ordinance, Title 20. Currently there are no public roads or intersections to serve the project site, therefore, the developer must extend public off-site street improvements to connect to the existing circulation network. Primary access to the property would be provided by future Cherry Blossom road which connects to Hidden Valley Road. In order to comply with the City’s cul-de-sac policy the developer is also required to construct a second off-site road connection for emergency access purposes to the parking lot of Poinsettia Community Park to the south (see Exhibit “B”). To mitigate drainage impacts from the project site, the developer is required to provide adequate drainage, erosion control, and urban pollutant basins. To comply with Water Quality standards, City grading and erosion control requirements, and the requirements of the Mello II segment of the Local Coastal Program, the developer is required to install permanent and or temporary siltation/retention basins at the downstream end of all proposed storm drain pipes. F. Habitat Management Plan: (in process) Future Cherry Blossom Road which would lead from Hidden Valley Road, through the MSP California LLC property, to the project site would impact approximately 0.05 acres of disturbed coastal sage scrub habitat (CSS). Because the off-site Css habitat is regarded as disturbed and the remaining high quality CSS habitat in this area would be preserved, the project is conditioned to mitigate the 0.05 acre Css impact by acquiring, for preservation, comparable quality habitat at a ratio of 1:l. The developer is proposing to mitigate this impact by purchasing, for preservation, .05 acres of Coastal Sage Scrub habitat within the high quality, coastal sage scrub area found in the Carlsbad Highlands mitigation bank (subject to the approval of the U.S. Fish and Wildlife Service and the California Department of Fish). The construction of Cherry Blossom Road in this area is the least environmentally damaging access alternative. It provides primary access to an otherwise landlocked area that is surrounded by steep slopes and high quality CSS. It would result in the loss of 0.05 acres of disturbed CSS habitat, therefore, prior to the issuance of a grading permit, the City may have to authorize this project to draw from the City’s 165.70 acre (5%) CSS interim take allowance. The take of 0.05 acres of CSS habitat from the MSP California LLC property wiIl not impair the ability of the City to implement it’s draft Habitat Management Plan (subregional NCCP). Interim CSS habitat losses that are incurred before completion and approval of a subregional NCCP/Carlsbad Habitat Management Plan @IMP), must be approved by the City and the United States Fish and Wildlife Service. A procedure has been established which allows the City to benefit from the 4(d) rule. This procedure includes: establishment of the base number of acres of coastal sage scrub habitat in the subregion, calculation of the 5% for the interim habitat loss, and cumulative record keeping of all interim habitat losses. The City has calculated that 5% of the base acreage of coastal sage scrub in Carlsbad is 165.70 acres. As of August, 1995, 19.38 acres have been taken. LCPA 94-04/X 94-04/(X. 94H/SDP 94-lO/HDP 94-09 - MAR VISTA JANUARY 3,1996 The loss of coastal sage scrub due to the Mar Vista project (0.05 acres) would result in a cumulative habitat loss of 19.43 acres for the HMP area once all the approved loses have been taken. This loss does not exceed the 5% guideline of 165.70 acres. The habitat loss has been reduced or mitigated by the design of the project, in that the Cherry Blossom Road alignment is the most sensitive in terms of habitat and slope impact as follows: 1. The 0.05 acre take area is located outside of any Preserve Planning Areas @‘PA); 2. The habitat loss will not preclude connectivity between areas of high habitat values since this area is not included as a part of a J.&&age Planning Area (LPA); 3. The habitat loss will not preclude or prevent the preparation of the Carlsbad HMP in that the area is not a part of a LPA, makes no contribution to the overall preserve system and will not significantly impact the use of habitat patches as archipelago or stepping stones to surrounding PPAs. 4. Mitigation for the loss of the 0.05 acres of CSS will be in the form of the acquisition of habitat credits as discussed above. The loss of habitat on the MSP California LLC property will not appreciably reduce the likelihood of the survival and recovery of the gnatcatcher; 5. The habitat loss is located in a disturbed area that is directly adjacent to Hidden Valley Road and the Poinsettia Community Park, therefore, large blocks of habitat will not be lost and fragmentation will not occur; an,; 6. The habitat area being impacted is at the periphery of a larger CSS habitat area; it is not in the center where the loss of habitat would be more inqmant. G. GrowthManagement: The proposed project is located within Local Facilities Management Plan Zone 20 in the Southwest Quadrant of the City. The impacts created by this development on public facilities and compliance with the adopted performance standards are summarized as follows: CITY ADh4INIsTRATION 198.17 SQuare feet II LIBRARY I 105.69 square feet I YeS I I WASTE WATER TREATMENT I 57 EDU I Yea I s-9 ,A LCPA 94-04/X 94-04/CI 94-H/SDP 94-lO/HDP 94-09 - MAR VISTA JANUARY 3,1996 PAGE 12 PARKS DRAINAGE .39 acres Basin 3 Yes YeS CIRCULATION FIRE 538 ADT Station No. 4 Yes YeS OPEN SPACE SCHOOLS 5.14 acres CUSD SEWER COLLEKTION SYSTEM WATER 57 EDUS 12340 GPD The project is 63.48 dwelling units below the Growth Management Dwelling Unit allowance of 120 dwelling units for the property as permitted by the Growth Management Ordinance. Surplus dwelling units (63.48) that are not used by the developer are placed into a City bank of excess dwelling units. The City can allocate these dwelling units to residential projects that exceed the growth control point (Density Bonus) in order to provide affordable housing. H. Environmental Review: The project site is located within the boundaries of Specific Plan SP 203 which covers the 640 acre Zone 20 planning area. The certified Final Program EIR 90-03 for Specific Plan 203 addresses the potential environmental impacts associated with the future buildout of the Zone 20 Specific Plan area and is on file in the Planning Department. Use of a Program EIR enables the City to characterize the overall environmental impacts of the specific plan. The Final Program EIR contains broad, general environmental analysis that seIyes 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 area. 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. The recommended and applicable mitigation measures of Final EIR 90-03 are included as conditions of approval for this project. Per the requirements of Final EIR 90-03 additional project specific environmental studies, including biological analysis, have been prepared. These studies provide more focused and detailed project level analysis and indicate that additional environmental impacts beyond what was analyxed in Final EIR 90-03 would result from implementation of the project. In addition to the Final EIR for Specific Plan 203, more recently the City has certified a Final Master Environmental Impact Report for an update of the 1994 General Plan. The Master EIR serves as the basis of environmental review and impact mitigation for projects that are consistent with the plan, including projects within Specific Plan 203. . LCPA 94-04/X 94-04&T 94lI/SDP 94IO/HDP 94-09 - MKR VISTA JANUARY 3,1996 Per the recommendations of Final EIR 90-03, a Mitigated Negative Declaration was issued for this project to evaluate the additional environmental impacts created by the two off-site sewer lines and the access road from Hidden Valley Road. The Planning Director has determined that the project could have a significant effect on the environment, however, there would not be a significant effect in this case since the mitigation measures described in the attached E&Part II have been added to the project. This decision was based on findings of the E&Part II, an evaluation of Final EIR 90-03 and Master EIR 94-01, a biological survey and impact study, a geotechnical report, soiIs report, acoustical study, traffic report, and field surveys by staff. The project’s Mitigated Negative Declaration was originally submitted for public review on February 1,1995. The State Clearinghouse (SCH #95021007) public review period closed on March 6,1995. The document was revised and recirculated for public review based on comments received from the State Coastal Commission and the Fish and Game Department, a change in the project description, and an update to the project’s biological impact analysis and the Initial Study Checklist. The developer has added an alternative sewer line and stormdrain alignment “A” for the project from Vista las Qndas, through Lot No. 19, and north to the existing east/west sewer line in Canyon de las Encinas. In response to State resource agency comments regarding impacts and the level of analysis, an updated Biological Survey and Coastal California Gnatcatcher Survey has been submitted with the project which further anaIyzes the environmental impacts of the project, sewer and stormdrain alignment “B”, and the new sewer and stormdrain alignment “A” as shown on the Mar Vista Tentative Map. The recirculated Mitigated Negative Declaration was again sent to the State Clearinghouse, Coastal Commission, Department of Fish and Game, and US Fish and Wildlife Service for public agency review, and no comments were received. The project has been conditioned such that prior to approval of a final map, all applicable state and federal resource agencies must be consulted, applicable permits must be obtained, and a final biological mitigation program must be approved. After the Recirculated Mitigated Negative Declaration was sent out for public review the project’s zone change request was expanded to include the 56 acre MSP California LLC parcels located directly east (APN 212-040-32, and 36). In accordance with Section 15164 of the CEQA Guidelines an addendum has been added to the Recirculated Mitigated Negative Declaration to consider this minor addition to the project’s description. The two requested zone changes are considered minor because the changes do not affect the General Plan residential (RM) land uses on the properties. Changing from one type of residential zoning (PC & RDM) to another type of residential zoning (R-I-7500) affects the type of development standards that are applied to the future residential development. In this case, the proposed R-1-7500 Zone is a more restrictive residential zone than the existing PC and RDM Zones, therefore, the zone changes have no significant adverse effect on the environment and can be considered a minor technical change to the project’s description. - LCPA 94-04/ZC 94-041CI’ 94-ll/SDP 94-lO/HDP 94-09 - MAR VISTA JANUARY 3,1996 PAGE 14 ATI’ACHMENTS 1. Planning Commission Resolution No. 3872 2. Planning Commission Resolution No. 3873 3. Planning Commission Resolution No. 3874 4. Planning Commission Resolution No. 3875 5. Planning Commission Resolution No. 3876 6. Planning Commission Resolution No. 3877 7. Location Map 8. Background Data Sheet 9. Local Facilities Impact Assessment Form 10. Disclosure Form 11. Full size Exhibits “A” - “J”, dated January 3, 1996. - BACKGROUND DATA WEE-‘- CASE NO: ZC 9404LCPA 9404/CT 94ll/SDP 94lO/HDP 94-09 CASE NAME: MAR VISTA APPLICANT: CHRISTA MCREYNOLDS REQUEST AND LOCATION: Zone Change to R-1-7500-Q. 49 Sinple-Familv Lots. 8 Second Dwelling Units, & one 19 acre Onen Snace Lot LEGAL DE!3CRIPTION: Parcel C of Parcel Man No. 2949, in the Citv of Carisbad, Countv of San Diego. State of California, filed in the office of the Countv Recorder of San Dieeo Countv. Aurmst 9.1974, as File No. 74-216632 of official records APN: 211-040-14 Acres 34.3 Proposed No. of Lots/Units 50 Lots & 57 Units GENERAL PLAN AND ZONING Land Use Designation Residential Medium Density Allowed 6 Du/Acre Density Proposed 2.83 Existing Zone pC Proposed Zone R-1-7500-Q Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Zoning Land Use Site PC Agriculture North OS Vacant South PC Park East RD-M-Q Agriculture West OS Vacant PUBLIC FACILITIES School District Carlsbad Water District Carlsbad Sewer District Carlsbad Equivalent Dwelling Units (Sewer Capacity) 57 EDU Public Facilities Fee Agreement, dated November 7.1994 ENVIRONMENTAL IMPACT ASSESSMENT X Mitigated Negative Declaration, issued October 3, 1995 Certified Environmental Impact Report, dated - - CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT’ ASSESSMENT: FILE NAME AND NO: COSTA DO SOL - CT 92-Ol(A)/PUD 92-Ol(A)/SDP 93-04(A)/SP 203(A) LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RM ZONING: pC DEVELOPER’S NAME: GREYSTONE HOMES INC. ADDRESS: 495 EAST RINCON. SUITE 115, CORONA CA 91719 PHONE NO.: (714) 273-9494 ASSESSORS PARCEL NO: 214-140-40 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 29.2 GROSS ACRES/119 DUS ESTIMATED COMPLETION DATE: N/A A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = 413.7 Library: Demand in Square Footage = 220.6 Wastewater Treatment Capacity (Calculate with J. Sewer) N/A Park: Demand in Acreage = 0.83 Drainage: Demand in CFS = N/A Identify Drainage Basin = N/A (Identify master plan facilities on site plan) Circulation: Demand in ADTs = 1190 (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = NO. 4 Open Space: Acreage Provided - 4.3 Schools: (Demands to be determined by staff) Sewer: Demand in EDUs - 120 Identify Sub Basin - N/A (Identify trunk line(s) impacted on site plan) Water: Demand in GPD - 26.400 The project is 53.3 units below the Growth Management Dwelling unit allowance. DISCLOSURE STATEMENT APPUCANl-S STATEMENT Of DlSCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON AU APPLlCATlONS WHICH WILL REQUIRE DlSCRETlONARY ACTION ON THE PART’ OF THE CllY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMmEE. (Plefm Print) The following information must be disclosed: I. Armlicant List the names and addresses of all persons having a financial interest in the application. ChLe 2316 Calle Chiquita La Jolla, California 92037 3 Owner -. List the names and addresses of all persons having any ownership interest in the property involved. MrRovnnl ds Fami 1 v Trust Alan MrF&ynolds - Trustee dated February 21, 1989 20 Rock Port Lane c/o Christa M. McReynolds - Trustee Los Altos, California 94024 2316 Calle Chiauita La Jolla, California 9ZUJ/ i. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person sewing as officer or director of the non-profit organization or as trustee or beneficiary of the trust. FRM0007 4/91 4 2075 Las Palmas Drive - Carlsbad. California 92009-1576 -0 (619) 438-l 161 @ a isclosure Statement (Over) Page 2 Have you had mofe than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes - No )( If yes., please indicate person(s) Person ir dofined U: ‘Any Individual. firm. copwtnomhlp, jolti vonturo. aswciaUo6. oocW club, fratrmal organizatlon. corporation, e&to, trust, receiver, yndicato, thir and any other county, city and county, city municipality, dktrkt or- political rubdivirion. or any other group or combination acting a3 a unit’ (NOTE: Anach additional pages a3 necessary.) c&&&-g (&, .p&&&&? 9, ‘rni (C api% tz4z.A. cc ‘ 4id%ya, mz!g K!f&~* Signature of Owner/date J Signature of applicant/daie Christa M. McReynolds - Trustee Print or type name of owner Christa M. McReynolds - Trustee Print or type name of applicant iMOO 4/91 DISCLOSURE ST'ATEMEXT I / ~?ol,!CANTS Strr~HE~T ;F ):f” - +-SUE OF CEmAW OWNERSHIP ImRESTS ON AU. APOtJCAf;CkS &wlCh NI~L :~r,~,az 26’3~CNA;lY ACflCN CN :+i: ?Am CF mfi can CCLNCL OR ANY APPOINTEO SOARO, ~CMMlSSlCN 0~ C~MM~E~. I .e* :P!ease Pnnr) -*_- _ - \, The folIowIng information must be disclosed: 1. 2. 3. 4. Aopiicanf MY 2 6 35 -- . List the names and addresses of all persons having a financial interest in the appliCatiOn. MSP CALIFORNIA. L.L.C. MSP CALIFORNIA. L.L.C. Marcus S. Palkowitsh David M. Bentley 650 South Cherry Street, Suite 435 (!JJSunrisee 221 357 Denver, Colorado 80222 Tucson. Arizona 85718 Ownor List the names and addresses of all persons having any ownership interest in the property involved. MSP CALIFORNIA. L.L.C. Marcus S. Palkowitsh MSP CALIFORNIA, Lb. David M. Bentley 650'South Cherry Street, Suite 435 iEast Denver, Colorado 80222 Tucson, Arizona 85718 If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ant addresses of all individual3 owning mom than 10% of the shares in the corporation or owning any pannersnlp interest in the partnership. If any perSOn iduNifbd pureuMt to (1) of (2) abow is a non-profft orgmization or a trust, list ?h@ names and addresses of any person sming as OMCW or director of the non-profit organization or as trustee or beneficlaq of the trust. FRMm13 8490 Lb 2075 Las Palma Drive - Cartsbad. Californta 920094859 l (619) 438-l 161 . OiscloSufO Statwnmt (Over) Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Scar:: Commlsslons. CommIttees and Council within the Past twelve months? Yes - NO% If yes, please indicate person(s) ’ w 10 defined U: ‘Any mawdud. firm. co@UVIwsk~p. ~otm vrnturr. UIociaBon. socd club. huun8l otgmu~bon. co~ocatton. *stat.. :rLst. I WCotvW. ¶yndiUto. tha ana ry 0th~ couny. city Uld coumy. city munlc~pdny. &UJlcl 01 emu po~bc~ ~&&J~~~, 0, sly orn., grobo CJ, commnatlon l ctmg u l unn’ I I (NO-: Attach additional pages as necessary.) Si&ature of Owner/date s- a3-d I Si@laturo ot appucant/date Marcus S. Palkowitsh Print of type nun0 of owner -. Marcus S. Pm Pm of type nama at appkaric * k.. . C EXHIBIT 6 PLANNING COMMISSION January 3,1996 Page 7 2. LCPA 94-04IZC 94-04/CT 94-l l/SDP 94-l OMDP 94-09 - MAR VISTA - Request for recommendation of approval for a Mitigated Negative Declaration, Local Coastal Program Amendment, Zone Change, Tentative Map, Site Development Plan, and Hillside Development Permit, to: (1) change the zoning from Planned Community Zone (PC) and Residential Density Multiple (RDM) to the One-Family Residential Zone with the Qualified Development Overlay Zone (R-l-7500-Q); (2) subdivide the property into 49 single family lots and one open space lot; and (3) allow eight future second dwelling units; all on property generally located east of Paseo del Norte, north of Camino de las Ondas, and south of Palomar Airport Road, within Specific Plan 203 and Local Facilities Management Zone 20. Chairman Compas advised the applicant that they have the right to be heard before a full Commission. He inquired if they would like to be continued or heard tonight. Bob Ladwig, Ladwig Design, 703 Palomar Airport Road, Suite 300, Carlsbad, representing the applicant, stated that he would like to proceed with the hearing tonight. Chairman Compas advised the public that if the Planning Commission recommends approval, the application will be forwarded to the City Council for its consideration. Jeff Gibson, Associate Planner, reviewed the background of the request and stated that the Mar Vista project is located directly north of the Poinsettia Community Park and south of Palomar Airport Road, on a 34 acre parcel within Specific Plan 203. This project includes: 1. A change in the McReynolds parcel zoning from Planned Community (PC) One-Family Residential Zone with a Qualified Development Overlay (R-1-7500-Q); 2. A change in the zoning on the adjacent property to the east owned by MSP California LLC from Residential Density Multiple with a Qualified Overlay (RDM-Q) to One-Family Resident with a Qualified Overlay (R-l-7500-Q); 3. A residential subdivision of lots only on the 34 acre McReynolds property into 49 single-family lots and one 19.24 acre open space lot; and 4. A designation of eight lots for future second dwelling units to satisfy the City’s inclusionary housing requirements. The second dwelling units would have exterior access along the side yard, be incorporated into the second-story of the primary home, and utilize a portion of the three-car garage for parking. Mr. Gibson stated that the Q overlay has been added to the McReynolds zone change request due to the propedy’s location of being adjacent to the Poinsettia Community Park, existing Q overlay zone on the property directly east, and its proximity to Palomar Airport Road which is listed as a potential scenic corridor in the General Plan. At this time the owner is not planning to construct homes on the lots, therefore the Q overlay wouid require a site development plan (SDP) to be approved by the Planning Commission prior to issuance of building permits for the homes. The SDP would show the floor plans, placement of the homes on the lots, building heights, setbacks, architectural amenities, etc. The code also requires a SDP for any affordable housing project of any size. The SDP for this project indicates which eight lots would be designated and deed-restricted for second dwelling units and they have been disbursed throughout the project. Plans also include prom-typical preliminary floor plans and building elevations showing how the homes fit on the lots, parking arrangements, and the second dwelling units are integrated into the primary StIlJCtU~. Mr. Gibson stated that there are currently no roads or intersections to serve the project site. Therefore, the developer must extend public street improvements to connect to the existing circulation network. Primary access to the property is provided by the future Cherry Blossom Road which connects to Hidden Valley MINUTES January 3,1998 Page 8 Road which connects to Palomar Airport Road to the north and Camino de las Ondas to the south. In order to comply with the City’s cul-de-sac policy, the developer is also required to construct a second offsite road connection for emergency access to the driveway to Poinsettia Community Park to the south. Mr. Gibson stated that in the memo to the Planning Commission dated January 3,1998, staff recommends that Sewer and Storm Drain Alignment B be eliminated from consideration and the tentative map be revised accordingly. Alignment A is clearly an environmentally superior alignment and has the support of the District Engineer and the Coastal Commission staff. Given the elevated status of Alignment A at this point, staff no longer supports this option of having two potential options and recommends that Alignment B be withdrawn. The developer is also proposing Lots #19 and #31 as panhandle lots. The two lots are justified based on irregular configuration of the buildable area of the overall parcel and the topography in the area, mainly steep slopes to the north and to the west. The lots are located along the northern edge of the bluff and take advantage of the curving topography in the area of the property and are located such that they are on the perimeter and at the end of the cul-de-sac and will not adversely affect public street access to surrounding properties. Based on the projects compliance with the General Plan and all applicable City standards and policies, staff recommends approval. Commissioner Savary referred to Resolution No. 3872, page 4, Condition #4, and inquired where the floodlights would be used and for what purpose. Mr. Gibson replied that many of the rear lots are along the western and northern perimeter of the bluff. This bluff contains sensitive coastal sage habitat and gnatcatchers. When the biological analysis was being performed, the biologists stated that there could be a potential impact of bright lights on the rear of these properties. Commissioner Savary asked how the second dwelling units will be paid for. Does the homeowner pay for this or would it be subsidized? Mr. Gibson stated that if the homeowner buys a house with a second dwelling unit, he would have the option of using it or not. If he chooses to rent the unit, it must be rented to someone who qualifies as low income. Commissioner Savaty commented that if the second dwelling unit is not rented, it defeats the purpose of affordable housing. Do we have any protection that it will be used as an affordable unit? Mr. Gibson replied that there are no guarantees. Commissioner Nielsen referred to Resolution No, 3875, page 9, Condition #18, and inquired how we will know which units will have recreational vehicle storage and which will not. Mr. Gibson replied that this will be determined when the site development plan wmes forward. Commissioner Nielsen inquired if the second dwelling units are counted as affordable units under the lnclusionary Housing Ordinance. Mr. Gibson replied yes. Commissioner Savary referred to Resolution No. 3875, page 13, Condition #43, and stated that she was surprised about the agricultural land. She thought there was no active agricultural land in this area. Mr. Gibson replied that this land is now active as agriculture and in the past has contained flower and tomato crops. Chairman Compas invited the applicant to speak. Bob Ladwig, Ladwig Design, 703 Palomar Airport Road, Suite 300, Carlsbad, representing the applicant, addressed the Commission and stated that he supports the staff recommendation with the exception of the elimination of Sewer/Stormdrain Alternative ‘B.” He would like to have that left in. He understands that Alternate “A” is ready to be built but until it is in the ground, he would like to have Alternative ‘B” as a fall back. He, too, prefers Alternative -A’ but wants some safeguard. MINUTES * ,- - PLANNING COMMISSION January 3,1998 Page 9 Commissioner Nielsen inquired if he intends to go forward with the second dwelling units and not wme back later for offsite credits. Mr. Ladwig replied that he has the option of coming back and would like to retain that option. He does think the second dwelling units will be built but he is not positive. If the Commission wishes, they could ask Ms. McReynolds who is present tonight along with her engineer. Chairman Compas inquired if everyone is in agreement on this issue. Mr. Ladwig replied yes. Chairman Compas opened the public testimony and issued the invitation to speak. There being no other persons desiring to address the Commission on this topic, Chairman Compas declared the public testimony closed and opened the item for discussion among the Commission members. RECESS The Planning Commission recessed at 7:37 p.m. and reconvened at 7:44 p.m. Mr. Gibson stated that during the recess, staff discussed the sewer option and they would still like to delete Alternative “B.” It is not environmentally sensitive and since Alternative “A” has been approved by the Coastal Commission, staff would like ‘B’ totally eliminated. Commissioner Monroy inquired why it could not be left in to save the applicant from coming back if there is a problem with Alternative ‘A.” Gary Wayne, Assistant Planning Director, replied that due to the environmental problem it creates, they would still have to wme back. The wildlife agencies have looked at this option and do not like it. If something happens to “A” they could wme back with a new option, let’s call it Option ‘C,” which would have a chance of agency approval. Mr. Rudolf, Assistant City Attorney, commented that Condition #l, page 3, Resolution No. 3872, requires staff to make a finding that the sewer connection is feasible. The findings have been written that the Planning Commission finds that the environmental document is adequate and you are imposing items that have been determined to be feasible. In the case of Alternative ‘B” the Commission cannot make that finding because it is not yet known whether a tunnel would be feasible. Commissioner Welshons commented that she personally likes the second dwelling units and the options that they provide. They can be used for many purposes and it keeps the affordable units on site. She just hopes that the developer will stay with them. She supports the staff recommendation. Commissioner Monroy commended the developer on the project. He stated that this is the first project to wme forward with second dwelling units. He, too, hopes they will build them as they have proposed to do. It provides another housing choice for low income person. He will support the project. Commissioner Noble is also in favor of the second dwelling units and will vote in favor of the project. Mr. Rudolf commented that there is a technical correction to Resolution No. 3872 on page 2. In Action B), the following needs to be added: “... In Action B), the following needs to be added: ‘...Mitigation Monitoring and Reporting Program on file in the Planning Department...“. Mr. Gibson noted that this is attached but Mr. Rudolf wants it called out in the resolution. Mr. Rudolf continued that there are five actions taking place. With regard to the Local Coastal Program Amendment and the Zone Code Amendment, the Commission has the authority to grant approval when there are 50 or fewer units involved. Therefore, approvals for the Tentative Map, the Site Development Plan, and the Hillside Development Permit, would be within the Commission’s authority and should be approved subject to appeal. The resolutions already contain language that their approval is contingent upon approval of the Local Coastal Program Amendment and Zone Code Amendment. MINUTES w PLANNING COMMISSION January 3,1999 Page 10 ACTION: VOTE: AYES: NOES: ABSTAIN: Motion by Commissioner Nielsen, and duly seconded, to adopt Planning Commission Resolutions No. 3875, 3878, and 3877 approving CT 94-11, SDP 94-l 0, and HDP 94-09, and adopt Planning Commission Resolutions No. 3872,3873, and 3874 recommending approval of the Mitigated Negative Declaration issued by the Planning Director, including the Mitigation Monitoring and Reporting Program, LCPA 94-04 and ZC 94-04, based on the findings and subject to the conditions contained therein, including the changes contained in staff memo dated January 3, 1996. 8-O Compas, Monroy, Nielsen, Noble, Savary, Welshons None None March 12, 1996 Greystone Homes Inc. 495 East Rincon, Suite 115 Corona, CA 91719 Re: Mitigated Negative Declaration - Mar Vista The Carlsbad City Council, at its meeting of March 5, 1996, adopted Resolution No. 96-77, approving the Mitigated Negative Declaration with a Mitigation Monitoring and Reporting Program. As a courtesy, enclosed is a copy of Resolution No. 96-77 for your records. City Clerk ALR:ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808 a9 . PROOF OF Ptit3LlCATlON (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citiien of the United States and a resident of the County afomsaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diegq, State of California, under the dates of June 30, 198$I (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blat ,: and case number 172171 (The Times ; for the cities of Escondido, Oceanside i Solana Beach and the North County u * District; that the notice of which the ar ; printed copy (set in type not smaller tt- : nonpareil), has been published in eacl : entire issue of said newspaper and no supplement thereof on the following dz .,; Proof of Publication of Public Hearing --------L----------------- ----a------- -------------- NOTICE IS HEREBY GIVEN that *h- rim romtl( Council. Chambers. I2M) Csrkbpd ‘. ..-o_ - consider approval of a Mitigated Negative DC ngc the zoning for Planned Community Zone (Pr’ a**’ n’ Qualified Devr’------’ l\.lDr1..1 Tnnr 112.1. NOTICE 7 ’ - MARU jf the City of Carl&d v&l hdid a public hearing at ihe City ~%~&~~e~&&.ad, California, et 6:00 p.m.. on Tuesday, March 5, 1996. to &stioo, s 20ne Chwge, sod II ~ocrl Cosstsl Plan Amendment to: (I ) &jential Density Multiple (RDMI to the One-Family Residemkl Zone s,oy,,wnv.....‘3, I”.,_ ,.. . .%&& (2) sutditide the property into 49 single-family lots and one open Space inure second-dwelling units all on propetty geoemlly located east of Psseo Del NOI% north of Csmmo de lss Lnmnr ~i-rt Road. within &cific Plsn 203, snd Local Facilities Management Zone 20 sod more pU+cUk~y outh of Pa ._ . .._. . . . . r-.. .__-._ . Parcel C of’hrcel Map No. 2949, in the City of Carlsbad. County of Sso Diego. State Of fikd in the OfSee of the County Recorder of San Diego County. August 9. 1974. as File No w No. 1,103.91 ACXS”O” Recordof ember19.1960, Feb. 24, 1996 n Ofticial Records: w ‘. AND * All that certain parcel of knd~delineated and designated as “Dewi ptil Swwy Map No.57 15. filed in the Offtce of the County Recorder of ‘SE being a portiob of Lot G of.Rurho Agtts Hediondr. WCOShn$ to Ma of the Coumy Recorder of San Diego County. November 16. 1896. s portion of which li$s within the City of Carlabad @I bc(og in the County of San Diego. State of CdifOmk: OXcept/o$ th~efrom th@ portrotTlying wi(hin Pst’ccls “A”. “B”. “C”, UI! D of heel No. 2993 in the City of CarlsW. County of San Diego. State of Cslifomir. filed in the Office of the County RWO&X of San Diem, County. An@ 23. 1914. 81s File N&74-221)326 of I certify (or declare) under penalty of pe the foregoing is true and correct. Dated at California, this 26 Feb. 1996 This space is for the County Clerk’s Filing Stamp Official &ords. z:: if ym &e my questions wgwding thii matter. pkase call Jeff Glk in the p\aming Department at (619) 438-I 161. CXt~ti 4455. If yoo challenge the Mitigstcd Negative Dcckntiott, Zone chsn~! and/~r ‘I&II Cosstal Program Amendment in court. you may be limIted to r?~stng onI? “*ho& issues raised by you or someooe else st the public heuing&scrtbed III th,S II&C. or in written comspondcnce delivered to the City of Culsbsd Cdy ,Ckk’s Oilice at. or prior to. the public htiog. Califomla. 89 ,74-216632 Of MAR VISTA ZC 94-&lLCPA 94-04 Qlis :APPLICANT: Chrism McReynolds ‘CAIWBAD ctti COUNCIL . .fegal45935 February 24. 1996 F 1 , -w--w cc------------,- ------- Signature I- NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING LCPA 94-4/X 94-4 - MAR VISTA NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 CarlsbadVillage Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, March 5, 1996, to consider approval of a Mitigated Negative Declaration, a Zone Change, and a Local Coastal Plan Amendment to: (1) change the zoning from Planned Community Zone (PC) and Residential Density Multiple (RDM) to the One-Family Residential Zone with the Qualified Development Overlay Zone (R-l- 7500-Q); (2) subdivide the property into 49 single-family lots and one open space lot, and (3) propose 8 future second-dwelling units; all on property generally located east of Paseo De1 Norte, north of Camino de las Ondas, and south of Palomar Airport Road, within Specific Plan 203, and Local Facilities Management Zone 20 and more particularly described as: Parcel C of Parcel Map No. 2949, in the City of Carlsbad, County of San Diego, State of California, as filed in the Office of the County Recorder of San Diego County, August 9, 1974, as File No. 74-216632 of Official Records; AND All that certain parcel of land delineated and designated as "Description No. 1,103.91 AcresI on Record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot G of Ranch0 Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, a portion of which lies within the City of Carlsbad all being in the County of San Diego, State of California; excepting therefrom that portion lying within Parcels 'IA" I’BII 'ICI' of barlsbad, , and IlD~~ of Parcel No. 2993 in the City County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 23, 1974, as File No. 74-230326 of Official Records. If you have any questions regarding this matter, please call Jeff Gibson, in the Planning Department at (619) 438-1161, extension 4455. If you challenge the Mitigated Negative Declaration, Zone Change, and/or Local Coastal Program 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: Christa McReynolds PUBLISH: February 24, 1996 CARLSBAD CITY COUNCIL - mti 12-19 Nn!~ctj&~ G IN NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Car&bad will hold a public hearing at the Council Chambers, 1200 Carlsbad village Drive, Carl&ad, California, at 600 p.m. on Wednesday, January 3, 1996, to consider a request for recommendation of approval for a Mitigated Negative Declaration, Zone Change, Local . . Coastal Plan Amendment, Tentative-&lap- Sic DevelopmentPmto: (1) change the zoning from Planned Community’Zone (PC) and Residential Density Multiple (ROM) to the OneFamily Residential Zone with the Qualified Development Overlay Zone (R+75O@Q); (2) subdivide the property into 49 singlefamily lots and one open space lot, and; (3) propose 8 future second-dwelling units; all on property generally located east of Paseo del None, north of Camino de las Ondas, and south of Palomar Airport Road, within Specific Plan 203 and Local Facilities Management Zone 20 and more particularly described as: Parcel C of Parcel Map No. 2949, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, August 9, 1974, as File No. 74216632 of official records. AND All that certain parcel of land delineated and designated as ‘Description No. 1 ,103.91 Acres” on Record of Surrey Map No. 5715, filed in the office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot G of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 18,1896, a portion of whiih lies within the City of Car&bad, all being in the County of San Diego, State of California. Excepting therefrom that portion lying within Parcels “A”, ‘B, “C” and “0’ of Parcel No. 2993 in the City of Carlsbad, County of San Diego, State of California, filed in the OiVice of the County Recorder of San Diego County, August 23, 1974 as File No. 74230326 of Official Records. 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 December 28, 1995. If you have any questions, please call Jeff Gibson in the Planning Department at (619) 438- 1161, ext. 4455. If you challenge the Local Coastal Program Amendment, Zone Change,GhWdw+& . . kbQp,P in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in thii notice or in written correspondence delivered to the City of Carl&ad at or prior to the public hearing. CASE FILE: LCPA 94=04/ZC 94-04 CASE NAME: MAR VISTA PUBUSH: DECEMBER 22,199!5 CITY OF CARLSBAD PLANNING COMMISSION MAR VISTA ZC 94004/LCPA 94-04r A (F0r.m A) TO: C1T.Y CLERK’S OFFICE FROH: PLANNING DEPARTMENT RE :. PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice LCPA 94-04/ZC 94-04 - Mar Vista for a public hearing before the Clty Council. Please notice the item for the council meeting of . Thank you. January 22, 1996 Date . 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HILDEGARD BEHAN TRUST APT D / 903 CAMINITO MADRIGAL CARLSBAD CA 92009 JEAN WALLACE APT A 905 CAMINITO MADRIGAL CARLSBAD CA 92009 FRED SPECTOR CHRISTOPHER CHEN APT B APT C . 905 CAMINITO MADRIGAL 905 CAMINITOMADRIGAL CARLSBAD CA 92009 CARLSBAD CA 92009 CHARLES/LA VONN BULES APT E 905 CAMINITO MADRIGAL CARLSBAD CA 92009 FAYE WELDON APT F 905 CAMINITO MADRIGAL CARLSBAD CA 92009 ROBERT/MARYLIN HOWARD/NANCY DOROS VANWASSENHOVE, APT B 4973 POSEIDON WAY 907 CAMINITO MADRIGAL OCEANSIDE CA 92056 CARLSBAD CA 92009 BASS FAMILY TRUST APT D 907 CAMINITO MADRIGAL CARLSBAD CA 92009 PAUL/SHARON LAMPE TRUST 12019 JULIUS AVENUE DOWNEY CA 90242 ZIEGLER FAMILY TRUST 3482 SIT10 BORDE CARLSBAD CA 92009 ZIEGLER FAMILY TRUST APT A 909 CAMINITO MADRIGAL CARLSBAD CA 92009 RUDOLPH PETER 3610 HAVERHILL STREET CARLSBAD CA 92009 RILEY LlVlNG TRUST 19008 CECELIA PLACE CERRITOS CA 90701 RADCLlFFE/SIMIN 6829 SAVANNAH LANE FORT WORTH TX 76132 JOAN WILSON 808 EAST ARROUES DRIVE FULLERTON CA 92635 GORDON/NANCY MAHAFFEY APT C 911 CAMINTIO MADRIGAL CARLSBAD CA 92009 RADCLlFFE/SIMIN APT D 909 CAMINITO MADRIGAL CARLSBAD CA 92009 JOAN WILSON APT B 911 CAMINTIO MADRIGAL CARLSBAD CA 92009 ROCCO/SONJA BARILIA FAMILY 4158 ANDROS WAY OCEANSIDE CA 92056 FRED SPECTOR 6755 RUSSELIA COURT CARLSBAD CA 92009 ROBERT JOHNSON APT D 905 CAMINITO MADRIGAL CARLSBAD CA 92009 KATHERINE CONAN APT A 907 CAMINITO MADRIGAL CARLSBAD CA 92009 HOWARD/NANCY DOROS APT C 907 CAMINITO MADRIGAL CARLSBAD CA 92009 PAUL/SHARON LAMPE TRUST 907 CAMINITO MADRIGAL CARLSBAD CA 92009 RUDOLPH PETER APT B 909 CAMINITO MADRIGAL CARLSBAD CA 92009 RILEY LIVING TRUST APT C 909 CAMINITO MADRIGAL CARLSBAD CA 92009 GARY/MARY CANE APT A 911 CAMINTIO MADRIGAL CARLSBAD CA 92009 GORDON/NANCY MAHAFFEY 11720 BEVERLY BLVD WHITTER CA 90601 ROCCO/SANJA BARlilA FAMILY APT D 911 CAMINITO MADRIGAL CARLSBAD CA 92009 . CARLSBAD RANCH COMPANY SUITE 100 5600 AVENIDA ENCINAS CARLSBAD CA 92008 THE PRICE COMPANY 951 PALOMAR AIRPORT ROAD CARLSBAD CA 92009 MULTI FAMILY ASSOCIATES 3255 WEST MARCH LANE STOCKTON CA 95219 MULTI FAMILY ASSOCIATES SUITE 940-l 940 SHORE CREST ROAD CARLSBAD CA 92009 MULTI FAMILY ASSOCIATES 900 WIND DRIFT DRIVE CARLSBAD CA 92009 MULTI FAMILY ASSOCIATES 900 SEA WIND COURT CARLSBAD CA 92009 RICHARD/ROBERT KELLY 2770 SUNNY CREEK ROAD CARLSBAD CA 92008 RAYMOND/HELEN JORDAN 3474 CARLSBAD BLVD CARLSBAD CA 92008 RAYMOND/RITA MARRS 1504 LAUREL STREET SOUTH PASADENA CA 91030 DONALD/DONNA LYKE APT C 6675 PASEO DEL NORTE CARLSBAD CA 92009 CHRISTA McREYNOLDS 3216 CALLE CHIQUITA LA JOLM CA 92037 CARLBUS ASSOCIATES SUITE 100 5600 AVENIDA ENCINAS CARLSBAD CA 92008 MULTI FAMILY ASSOCIATES 902 MARINER STREET CARLSBAD CA 92009 MULIT FAMILY ASSOCIATES 960 BEACH CREST COURT CARLSBAD CA 92009 MULTI FAMILY ASSOCIATES 900 SHORE CREST ROAD CARLSBAD CA 92009 MULTI FAMILY ASSOCIATES 900 SAILFISH PLACE CARLSBAD CA 92009 MSP CALIFORNIA LLC SUITE 435 650 SOUTH CHERRY STREET DENVER CO 80222 RAYMOND/HELEN JORDAN 6675 PASEO DEL NORTE CARLSBAD CA 92009 RAYMOND/RITA MARRS APT D 6675 PASEO DEL NORTE CARLSBAD CA 92009 VOSSfGOMEZ SUITE A 6675 PASEO DEL NORTE CARLSBAD CA 92009 THE PRICE COMPANY PO BOX 97077 KIRKLAND WA 98083 MULTI FAMILY ASSOCIATES PO BOX 7576 STOCKTON CA 95267 MULTI FAMILY ASSOCIATES 940 MARINER STREET CARLSBAD CA 92009 MULTI FAMILY ASSOCIATES 901 WIND DRIFT DRIVE CARLSBAD CA 92009 MULTI FAMILY ASSOCIATES APT 200A 2291 WEST MARCH IANE STOCKTON CA 95207 MULTI FAMILY ASSOCIATES 922 TIDE COURT CARLSBAD CA 92009 ROBERT/VICTORIA GOLLINGS APT F 6675 PASEO DEL NORTE CARLSBAD CA 92009 DONALD/DONNA LYKE 1000 PAU HANA DRIVE SOQUEL CA 95073 FREDRICK THORNBURGH SUITE B 6675 PASEO DEL NORTE CARLSBAD CA 92009 MARIE BEAL APT 8105 1088 IAGUNA DRIVE CARLSBAD CA 92008 HORST BRYTSCHE SUITE J 6675 PASEO DEL NORTE CARLSBAD CA 92009 TURNER FAMILY TRUST APT E 6673 PASEO DEL NORTE CARLSBAD CA 92009 LAUZON/REINER APT C 6673 PASEO DEL NORTE CARLSBAD CA 92009 BADSTUBNER APT B 6673 PASEO DEL NORTE CARLSBAD CA 92009 MANDEL/ROS APT G 6677 PASEO DEL NORTE CARLSBAD CA 92009 SANDRA OSBORN APT D 6677 PASEO DEL NORTE CARLSBAD CA 92009 DONALD/CAROL McCOMAS PO BOX 805 WORLAND WY 82401 HORNING TURST APT A 6677 PASEO DEL NORTE CARLSBAD CA 92009 CHARLES/JEANNE GRIMES APT F 6679 PASEO DEL NORTE CARLSBAD CA 92009 MARIE BEAL HORST BRYTSCHE APT I SUITE PHlF 6675 PASEO DEL NORTE 5950 PELICAN BAY PLAZA CARLSBAD CA 92009 SAINT PETERSBURG FL 33707 EPPERSON FAMILY TRUST HAROLD/ARLENE SLATTER SUITE G j SUITE H 6673 PASEO DEL NORTE 6673 PASEO DEL NORTE CARLSBAD CA 92009 CARLSBAD CA 92009 MORTON/MARIE SWEET lAUZON/REINER SUITE F 28246 WESTBROOK COURT 6673 PASEO DEL NORTE FARMINGTON HILLS Ml 48334 CARLSBAD CA 92009 COLLEEN HOLLOWAY TRUST APT D 6673 PASEO DEL NORTE CARLSBAD CA 92009 JOHN SCHUELE APT A 6673 PASEO DEL NORTE CARLSBAD CA 92009 MATTHEW/GLORIA LANGUS 14402 MIDDLETON LANE WESTMINISTER CA 92683 MATTHEW/GLORIA LANGUS APT F 6677 PASEO DEL NORTE CARLSBAD CA 92009 MANDEL/ROS 7373 ALICANTE ROAD CARLSBAD CA 92009 SANDRAOSBORN PO BOX 2638 RANCH0 SANTA FE CA 92067 CHARLOTTE HUTCHINSON CHARLOTTE HUTCHINSON 1239 LA CASA DRIVE 6677 PASEO DEL NOPTE SAN MARCOS CA 92069 CARLSBAD CA 92009 DONALD/CAROL McCOMAS APT C 6677 PASEO DEL NORTE CARLSBAD CA 92009 HORNING TRUST 4811 WINDJAMMER WAY CARLSBAD CA 92008 ROBERT GARTNER TRUST APT B 6677 PASEO DEL NORTE CARLSBAD CA 92009 CHARLES/JEANNE GRIMES 25233 CALLE DEL TRES AMIGOS MURRIETA CA 92563 MARY/DONNA CALI APT D 6679 PASEO DEL NORTE CARLSBAD CA 92009 GERTRUDE BRONG APT E 6679 PASEO DEL NORTE CARLSBAD CA 92009 - 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PAUL/DIXON BORGFELD APT G 908 CAMINITO MADRIGAL CARLSBAD CA 92009 JAMES/CAROLYN COUGHLIN APT I 908 CAMINITO MADRIGAL CARLSBAD CA 92009 DOROTHEE GALLIAND APT A 910 CAMINITO MADRIGAL CARLSBAD CA 92009 ALBERT/MARGARET SCHINSKY APT C 910 CAMINITO MADRIGAL CARLSBAD CA 92009 THOMAS SMYKAL 910 CAMINITO MADRIGAL CARLSBAD CA 92009 WILLIAM/JEAN FITZGERALD 6932 STARSTONE DRIVE RANCH PALOS VERDES CA 90274 NORDREHAUG FAMILY TRUST APT C 906 CAMINITO MADRIGAL CARLSBAD CA 92009 QUINLAN FAMILY TRUST 906 CAMINITO MADRIGAL CARLSBAD CA 92009 FRANK/SUZANNE ERICKSON 5914 INTERVALE DRIVE RIVERSIDE CA 92506 JAMES NETTINGA TRUST APT H 906 CAMINITO MADRIGAL CARLSBAD CA 92009 - JOHN MCCONNELL APT H 908 CAMINITO MADRIGAL CARLSBAD CA 92009 WILLIAM/HELEN HOSHAR 4102 AVENIDA SEVlLLA CYPRESS CA 90630 EDWARD/UlA PYLE TRUST 6536 FIREBRAND STREET LOS ANGELES CA 90045 SIDNEY HARRIS APT D 910 CAMINITO MADRIGAL CARLSBAD CA 92009 SWANSON FAMILY TRUST APT F 910 CAMINITO MADRIGAL CARLSBAD CA 92009 WILLIAM/JEAN FITZGERALD APT B 906 CAMINITO MADRIGAL CARLSBAD CA 92009 JANET SUTTON APT D 906 CAMINITO MADRIGAL CARLSBAD CA 92009 STEPHEN/MARGUERITE HAND 4304 SEA BRIGHT DRIVE CARLSBAD CA 92009 FRANK/SUZANNE ERlCKiON APT G 906 CAMINITO MADRIGAL CARLSBAD CA 92009 SIDNEY KYSER TRUST 2615 TREELANE AVE ARCADIA CA 91006 JAMES/CAROLYN COUGHLIN 51 EAST FOOTHILL BLVD ARCADIA CA 91006; WILLIAM/HELEN HOSHAR APT J 908 CAMINITO MADRIGAL CARLSBAD CA 92009 EDWARD/UlA PYLE TRUST APT B 910 CAMINITO MADRIGAL CARLSBAD CA 92009 THOMAS SMYKAL 933 AVENIDA PRESIDIO SAN CLEMENTE CA 92672 PATRICIA ROENFELDT APT A 906 CAMINITO MADRIGAL CARLSBAD CA 92009 NORDREHAUG FAMILY TRUST 24855 IA VIDA DRIVE LAGUNA NIGUEL CA 92677 QUlNlAN FAMILY TRUST 23942 AMUNDSEN BAY DANA POINT CA 92629 STEPHEN/MARGUERITE HAND APT F 906 CAMINITO MADRIGAL CARLSBAD CA 92009 JAMES NETTINGA TRUST 1704 BELLE MEADE ROAD ENCINITAS CA 92024 DONALD/MARGARET BRYANT APT E 911 CAMINITO MADRIGAL CARLSBAD CA 92009 . VIOLA DRAPER APT F 911 tCAMINIT0 MADRIGAL CARLSBAD CA 92009 JAMES UKEGAWA 4218 SKYLINE ROAD CARLSBAD CA 92008 SAMBI SEASIDE HEIGHTS LLC 8649 FIRESTONE BLVD DOWNEY CA 90241 CARLTAS ASSOCIATES SUITE 100 5600 AVENIDA ENCINAS CARLSBAD CA 92008 PACWEST LTD SUITE 1750 550 WEST C STREET SAN DIEGO CA 92101 JAMES UKEGAWA 6145 LAUREL TREE ROAD CARLSBAD CA 92009 SIM USA INC 1400 FLAME TREE LANE CARLSBAD CA 92009 - FACILITIES FOR CITY CLERK MAR VISTA - LCPA 94-04/X 94-04 CARLSBAD UNIF SCHOOL DIST 80 1 PINE AVENUE CARLSBAD CA ,92008 CALIF DEFT OF FISH & GAME 330 GOLDENSHORE #50 LONG BEACH CA 90802 SAN DIEGO COUNTY PLANNING 5201 RUFFIN RD STE “B” SAN DIEGO CA 92 123 CITY OF CARLSBAD PLANNING DEPARTMENT JEFF GIBSON