HomeMy WebLinkAbout1996-04-09; City Council; 13595; Mariners PointC=Y OF CARLSBAD - AGE
REQUEST FOR GRANTING A
rrlTG. 4-9-96 ONE YEAR EXTENSION OF TIME FOR THE
TENTATIVE MAP RACT CT 91-I 2
?ECOMMENDED ACTION:
Adopt Resolution No. 94-/u granting a request for a one year extension of time for
Carlsbad Tract CT 91-I 2: Mariner’s Point, subject to certain conditions.
ITEM EXPLANATION:
Bramalea of California, Inc. has requested an extension of time for Carlsbad Tract 91-I 2:
Mariner’s Point, a 192 lot, 186 unit single-family/l 76 unit multi-family (SDP 91-I I)
residential project. The project is located in Local Facilities Management Zone 20,
between the extension of Alga Road and Hidden Valley Road.
The tentative map was originally approved on March 15, 1994 in accordance with City
Council Resolution No. 94-83. The approval was for the standard two years, making
the expiration date of the tentative map March 16, 1996. The applicant filed the
extension request on January 23, 1996 thereby meeting the time requirements of CMC
Section 20.12.11 O(a){1 ) for filing a tentative map extension.
As stated in the applicant’s tentative map extension request letter, the request for an
extension is the result of project delays associated with two significant factors. First,
efforts to reach an Affordable Housing Agreement with the City lasted longer than was
originally anticipated. In September of 1995, an Affordable Housing Agre;ament was
reached with the City and the applicant. Second, the applicant’s parent organization
was required to file a voluntary petition under Chapter 1 1 of the Bankruptcy Code. The
applicant has informed the City that this issue has just recently been resolved, which
now allows the applicant to continue with final engineering for the project. Staff
concurs with the applicant that the above issues did delay the process for obtaining a
final map and staff is recommending that the requested tentative map extension be
granted.
The applicant has executed an “Agreement for Waiver of Prohibition Against the
Imposition of Conditions” which is on file in the City Clerk’s office. The original
Condition’s of Approval of Planning Commission Resolution No. 3556 and City Council
Resolution No. 94-83 are still applicable to the project; however, Engineering Condition
of Approval No. 88 has been deleted and No. 99 has been revised as follows:
Deleted Condition No. 88 This condition involves fee payment for the Master
Drainage Plan update. This update has been completed, so
this condition is no longer applicable. Existing condition
No. 87 will cover payment of the new fee.
Revised Condition No. 99 Certain requirements have been added to the National
Pollutant Discharge Elimination System (NPDES) condition.
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Page: 2 of Agenda Bill No. I?.!?? 5
To stay in conformance with the General Plan, current City Ordinances and Standards,
one new Condition of Approval has been added to the project, as included in the
resolution for this tentative map extension. A summary explanation of the added
Condition of Approval is as follows:
Condition A This condition was added to insure that the grading for the project will be
compatible with the surrounding properties.
FISCAL IMPACT:
No detailed economic analysis of this development was conducted. While increased
operating expenses related to this development can be expected, these increases should
be offset by increased tax/fee revenues.
GROWTH MANAGEMENT STATUS:
Local Facilities Management Plan 20
Growth Control Point 6
Net Density 5.3 DU/AC
Special Facilities C.F.D. No. 1
EXHIBITS:
1. Location map.
2. Resolution No. 96 -123 granting a request for a one year extension of time for
Carlsbad Tract 91-I 2, Mariner’s Point.
3. Applicant’s letter requesting an extension.
4. City Council Resolution No. 94-83, Planning Commission Resolution No. 3556.
5. Public Notice of Prior Environmental Compliance(Dated March 8,
1996)/Environmental Impact Assessment Form Part I & Part II.
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RESOLUTION NO. 96-123
. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, GRANTING A REQUEST FOR A ONE YEAR EXTENSION
OF TIME FOR TENTATIVE MAP NO. CT 91-l 2; MARINER’S POINT
WHEREAS, the City Council of the City of Carlsbad on March 15, 1994, adopted
Resolution No.94-83 approving Tentative Map No. CT 91-l 2; and
WHEREAS, Tentative Map CT 91-l 2 would now expire March 16, 1996; and
WHEREAS, the applicant has been diligently pursuing those acts necessary to obtain
a final map, and
WHEREAS, the project can be found to be in conformance with the General Plan,
current City ordinances and current City policies with the imposition of additional and
revised conditions; and
WHEREAS, the applicant has consented to the imposition of such conditions and has
agreed to comply with them; and
WHEREAS, both the applicant and the City wish to extend the map subject to and
relying upon the additional and revised conditions of approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That with the conditions of approval now existing, added and revised, as contained
herein by reference, the design and improvements of the subdivision are consistent with the
General Plan, Titles 20 and 21 of the City of Carlsbad Municipal Code, and any public facility
or development policies in existence at this time.
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3. That Tentative Map CT 91-12 is hereby extended for one year until March 15,
1997 subject to all of the conditions contained in City Council Resolution No. 94-83,
previously adopted on March 15, 1994, and Planning Commission Resolution No. 3556,
previously adopted on November 17, 1993, and the following findings, and, additional and
revised condition(s):
FINDINGS:
1. The City Council finds that:
a.)
b.)
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d.)
e.)
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the project is a subsequent development project as defined in Section
21083.3 and 15182 of the California Environmental Quality Act
(CEQA);
the project is consistent with the Zone 20 Specific Plan (SP 203);
there was a Final EIR (EIR 90-03) certified in connection with the Zone
20 Specific Plan;
the project has no new significant environmental effect not analyzed as
significant in the prior Final EIR;
none of the circumstances requiring a Subsequent or Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist; and
all feasible mitigation measures or project alternatives identified in the
previous EIR which are appropriate to this Subsequent project have
been incorporated into this Subsequent Project.
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DELETED COND17lON:
Deleted Condition No. 88:
Condition of Approval No. 88 of Planning Commission Resolution No. 3556 is hereby
deleted.
REVISED CONDITION:
Revised Condition No. 99:
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The developer shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide best
management practices as referenced in the “California Storm Water Best Management
Practices Handbook” to reduce surface pollutants to an acceptable level prior to
discharge to sensitive areas. Plans for such improvements shall be approved by the
City Engineer. Said Plans shall include, but not be limited to the following, which shall
be included in the project’s CC&R’s:
1. All homeowners, tenants and Homeowner’s Association(s) shall coordinate efforts
to establish or work with established disposal programs to remove and properly
dispose of toxic and hazardous waste products.
2. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze,
solvents, paints, paint thinners, wood preservatives, and other such fluids shall not
be discharged into any street, public or private, or into storm drain or storm water
conveyance systems. Use and disposal of pesticides, fungicides, herbicides,
insecticides, fertilizers and other such chemical treatments shall meet Federal,
State, County, and City requirements as prescribed in their respective containers.
3. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
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ADDITIONAL CONDITION:
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A. Prior to final map, the proposed grading located along the north and west property
lines shall be revised. This revision shall consist of Mariner’s Point grading both on-
site and off-site to join the grading on the adjacent projects (Sambi and Costa Do
Sol) at the existing grade elevations. This revision shall be reflected on the mylar
tentative map and the mylar substantial conformance exhibit.
That the Agreement for Waiver of Prohibition Against the Imposition of Conditions upon
the approval of an extension of a tentative subdivision map between Bramalea
California, Inc. a California Corporation and the City of Carlsbad signed by Bramalea
California, Inc. a California Corporation on February 8, 1996 on file in the office of the City
Clerk is approved and the Mayor is authorized to execute said agreement on behalf
the City.
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5. That this extension is approved in reliance upon said agreement and the existing, revised
and added conditions of approval. Any legal challenge to or failure to perform the
conditions of this and the above resolutions shall render this approval void and the map
shall not final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 9th day of APRIL , 1996 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
Al-TEST:
ALETHA L RAUTENKRANZ, City Clerk ww
AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
This Agreement is made this day of 8th FEB. , 1996 between the City of Carlsbad,
a municipal corporation, (hereinafter called “City”) and Bramalea of California, Inc. A California
Corporation (hereinafter called “Subdivider”).
RECITALS
1. Government Code Section 66452.6(e) and Carlsbad Municipal Code Sections 20.12.110
and 20.24.180 permit Subdividers to request and City to approve, conditionally approve
or deny extensions of time for the expiration of tentative maps or tentative parcel maps
(hereinafter collectively called “Tentative Subdivision Maps”).
2. El Patio v. Permanent Rent Control Board, 110 Cal. App. 3d 915, modified 111 Cal. App.
3.
4.
5.
3d 788 (1980) indicates that the Government Code (Subdivision Map Act) may not
authorize City to impose new conditions; i.e., those which were not imposed on the
tentative subdivision map, upon the extension of time for expiration of a tentative
subdivision map, but also held that the City does have discretion to approve or deny such
extensions.
Government Code Section 66452.6(d) and Carlsbad Municipal Code Section 20.12.100(d)
and 20.24.160 provide that expiration of a tentative subdivision map shall terminate all
proceedings and that no final map or parcel map for any property covered by the
tentative subdivision map shall be filed without first processing a new tentative subdivision
map.
Subdivider has requested City to approve the extension of time for Tentative Subdivision
Map No. Carlsbad Tract 91-l 2 which was initially approved on March 15, 1994.
Since the approval of said Tentative Subdivision Map, City has conducted studies which
show that the construction of certain drainage facilities or thoroughfares are essential to
protect and provide for the health, welfare, and safety of all of the present and future
residents of City, including those who will reside in said subdivision.
6.
7.
a.
9.
Since the approval of said Tentative Subdivision Map, City has adopted a major drainage
fee or major thoroughfare fee or both to provide the funds to construct the necessary
drainage facilities and thoroughfares.
Since the approval of the Tentative Subdivision Map, City has conducted studies which
show the need to establish a public facilities fee in order to provide for public facilities to
protect the public health, safety and welfare of the present and future residents of City
and to ensure that public facilities to serve the development will be available concurrent
with need as required by City’s General Plan. Developer agrees to pay said fees and has
executed a contract which is on file with the City Clerk to that effect.
Because the original approval of said Tentative Subdivision Map occurred prior to the
adoption of the aforementioned fees, City did not condition the approval of said Tentative
Subdivision Map with the payment of said fees.
Since the initial approval of said Tentative Subdivision Map there may have been changed
circumstances which require additional conditions of approval on the extension of the
Tentative Subdivision Map to protect the public health, safety and welfare, to mitigate
affects on the environment or to ensure consistency of the extended map with the City’s
General Plan and Municipal Code.
10. City arguably may not, without the voluntary consent of Subdivider, impose upon the
extension of said Tentative Subdivision Map conditions requiring payment of the fees
mentioned above or conditions necessary to protect the public health, safety or welfare,
or the environment or ensure consistency with the General Plan or Municipal Code.
11. Without such voluntary consent of Subdivider to the imposition of conditions City may be
required to deny Subdivider’s request for extension to ensure that the public health, safety
and welfare, or the environment are protected or that the General Plan or Municipal Code
12.
13.
requirements are satisfied. Approval of the extension of said Tentative Subdivision Map
without assurances that the fees mentioned above would be paid for said subdivision
would be contrary to the best interests of the City and would threaten the City’s ability to
protect and provide for the public health, safety and welfare. Subdivider agrees that it is
in the best interest of City and Subdivider that City be able to protect the public health,
safety and welfare, or the environment or ensure consistency with the General Plan or
Municipal Code by the imposition of conditions on the extension of tentative subdivision
maps.
Subdivider realizes that denial of the requested extension could result in the expiration
of the tentative subdivision map. Subdivider would then be required to incur substantial
costs and time delays in processing a new tentative subdivision map approval of which
would be subject to new conditions necessary to ensure consistency of the tentative
subdivision map with the Subdivision Map Act, the California Environmental Quality Act,
Titles 19, 20 and 21 of the Carlsbad Municipal Code, the City’s General Plan and to
protect the public health, safety and welfare.
City has reviewed the Subdivider’s request for an extension of time for said tentative
subdivision map and finds that granting the request subject to certain conditions will not
be contrary to the public health, safety and welfare.
NOW, THEREFORE, in consideration of the recitals and of the mutual covenants set forth
herein, City and Subdivider agree as follows:
1. City agrees to extend Subdivider’s Tentative Subdivision Map for one year subject
to whatever new or revised conditions the City in its sole discretion deem appropriate.
2. Subdivider knowingly and voluntarily waives any and all right to the unconditioned
extension of Tentative Subdivision Map No. Carlsbad Tract 91-12.
3. Subdivider knowing and voluntarily consents to the imposition of a condition of
approval of the extension of Tentative Subdivision Map No. Carlsbad Tract 91-l 2 which requires
payment of any fees which may be in effect at the time of approval of the final subdivision map
for said subdivision or any portion thereof and to the following additional conditions:
A. This approval is expressly conditioned on the payment by the applicant of a public
facilities fee as requirea by City Council Policy No. 17, issued and effective on
April 22, 1966, on file with the City Clerk and incorporated herein by reference,
and according to the agreement executed by the applicant for payment of said
fee. If said fee is not paid as promised, this application will not be consistent with
the General Plan and the project cannot proceed and this approval shall be void.
B. This approval is expressly conditioned upon the subdivider’s compliance with any
growth management system in effect at the time the final map is filed. Subdivider
shall also pay or agree to pay (as decided by the City Council) all fees identified
by the City Council as necessary to pay for the cost of providing facilities and
improvements which are imposed pursuant to the growth management system or
any other applicable laws.
4. The provisions of Carlsbad Municipal Code Section 20.12.110 and 20.24.160, as
appropriate, shall govern extension of the map which is the subject of this agreement.
5. If this agreement is for an extension of a tentative subdivision map for a minor
subdivision, the appeal of the City Engineer’s approval, or conditional approval, of the extension
by any party shall void this agreement unless the agreement is subsequently approved by the
City Council.
6. Any action by Subdivider to challenge the legality of this agreement or any failure
by Subdivider to pay the fees and comply with any other conditions applicable to the extension
shall void the approval of such extension. The map shall not final and the development shall not
proceed until a new tentative subdivision map has been approved.
SUBDIVIDER:
BRAMALEA OF CALIFORNIA, INC.
APPROVED AS TO FORM:
CITY OF CARLSBAD, a municipal
corporation
Notarial acknowledgement of execution by subdivider must be attached. Affix corporate
seal if appropriate.
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CALJFORNIA ALL-PURPOSE AC~OWEDGMEW
STATlZ OF C.kLIFORNIA
on &I ay\gqb before me,.mR+b .< Notary Public, pcrsonaily
Z$lpW-e d _ En& e- l-la&d 3 PQ personally known to me - a+f+
e to be the personM whose name&) @@
subscribecl XI the -ithin instrument and acknowledged to me tha o-=Y he executed the same in
(f&m#wiP authorizcd capacity(&), and that by-r signature@J on the instrument the
pers~si@, c IY the entity upon behalf of which the person& acted, executed the instrument.
U’J.TNE.SS nly hand and otiicial seal.
.s-l--*-l-.-“...l t (Signature of Notary)
EXHIBIT 1
MARINERS POINT CT 91=12/SDP 9%ll/
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JA -K HENTHORN & ASSOC. -,TES
5431 Avenida Encinas l Suite J
Carlsbad, California 92008
Fax (629) 438-0981
(619) 438-4090
January 17, 1996
Lyold Hubbs City Engineer 2075 Las Palmas Drive Carlsbad CA. 92009-1576
RE: Time Extension Request for Mariners Point CT 91-12
Dear Lyold:
Attached you will find the completed application package for a request to extend the tentative map and related approvals for Mariners Point. A one year time extension is being requested for Tentative Subdivision Map CT 91-12, Site Development Plan SDP 91-11 and Hillside Development Permit HDP 91-25.
The 68 acre subdivision was approved by the City Council on March 15th, 1994. The California Coastal Commission issued it's final Notice of Intent to Issue Permit on December 1, 1994.
In addition to the nine month delay associated with the Coastal Permit,there have been two significant factors that have contributed to the delay in recording the final map for Mariners Point.
First was the longer than anticipated effort to resolve the Affordable Housing Agreement requirements. An Affordable Housing Mitigation Agreement between the City and the applicant was finally approved in September of 1995.
Second, the applicant's parent organization was required to file a voluntary petition under Chapter 11 of the Bankrupcy Code. This issue has just recently been resolved, allowing for the continued final engineering to begin.
Our Civil Engineer, Rick Engineering, is deligently working on the necessary improvement and grading plans necessary to file the final map. The conforming mylar has already been approved by the City.
I A EXHIBIT 3
We would respectfully request that you forward a favorable recommendation to the City Council to extend the application package for Mariners Point for one year.
Should you have any questions on our request, feel free to contact me at your convenience.
cc. Emile Haddad Bramalea of California Craig Kahlen Rick Engineering
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RESOLUTION NO. 94-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A TENTATJVE SUBDIVISION MAP (CT 91-12), SITE DEVELOPMENT PLAN (SDP 91-11) AND HILLSIDE DEVELOPMENT PERMIT (HDP 91-25) FOR A 186 UNIT SINGLE FAMILY AND 176 APARTMENT UNIT PROJECT ON 68 ACRES OF LAND GENERALLY LOCATED EAST OF PASEO DEL NORTE AND NORTH OF CAMINO DE LAS ONDAS IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20, APPLICANT: MARINERS POINT CT 91-12/SDP 91-ll/HDP 91-25 CASE NO:
WHEREAS, on November 17, 1993 the Carlsbad Planning
Commission held a duly noticed public hearing to consider a
proposed Tentative Subdivision Map (CT 91-12), Site Development
Plan (SDP 91-11) and Hillside Development Permit (HDP 91-25) for a
186 unit single family and 176 unit,apartment residential project
and adopted Resolutions Nos. 3556, 3557, and 3558 respectively,
recommending to the City Council that the Tentative Subdivision Map
(CT 91-12), Site Development Plan (SDP 91-11) and Hillside
Development Permit (HDP 91-25) be approved; and
WHEREAS, the City Council of the City of Carlsbad, held
a public hearing on March 8, 1994 to consider the recommendations
and heard all persons interested in or opposed to Tentative
Subdivision Map (CT 91-12), Site Development Plan (SDP 91-11) and
Hillside Development Permit (HDP 91-25); and
WHEREAS, an Environmental Impact Report (EIR 90-03) was
previously certified on November 9, 1993, and this project complies
with all applicable mitigation measures outlined by Final EIR 90-03
for the development of the Zone 20 planning area and, as proposed,
this project will not create any additional significant adverse
environmental impacts, . ' . r'
EXFhiBiT 4
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Tentative Subdivision Map (CT 91-12), Site
Development Plan (SDP 91-li) and Hillside Development Permit (HDP
91-25) for this project are approved and that the findings and
conditions of the Planning Commission contained in Resolutions Nos.
3556, 3557, and 3558, respectively, on file with the City Clerk and
incorporated herein by reference, are the findings and conditions
of the City Council with the following amended and new conditions:
a. Condition No. 55 is amended to read as follows:
l#To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello II Local Coastal Program (LCP) the applicant shall implement one of the following three mitigation options prior to approval of the final map:
(1) Preserve prime agricultural property within the Coastal Zone consistent with the provisions of the Carlsbad LCP; or
(2) Illustrate that continued or renewed agricultural use is not feasible per'the guidelines of Mitigation Option 2 of the 'Local Coastal Program: or
(3) Provide payment of an agricultural mitigation fee, the amount of which shall not be less than $5,000 nor more than $10,000 for each net converted acre. The amount of the fee shall be determined prior to approval of the final map and shall be consistent with the provisions of Carlsbadls LCP."
b. Condition has been added to read as follows:
"Prior to the approval of any final map or the issuance of any permits within the Zone 20 Specific Plan, the applicant for the final map or permit shall submit evidence to the City that impacts to school facilities have been mitigated in
conformance with the City's Growth Management Plan to the extent permitted by applicable state law for legislative acts. If the
mitigation involves a financing scheme, such .as a Mello-Roos
Community Facilities District, which is inconsistent with the .
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City's Growth Management Plan including City Council Statement No. Policy 38, the developer shall submit disclosure documents for approval by the City Manager and City Attorney which shall disclose to future owners in the project, to the maximum extent possible, the existence of.the tax and that the school district is the taxirig agency responsible for the financing district. At a minimum, the project CC&Rs shall require maximum disclosure and signed statements for disclosures upon transfer of residential property."
3. This action is final the date this resolution is
adopted by the City Council. The provision of Chapter 1.16 of the
Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
apply:
"NOTICE TO APPLICANT"
"The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure,, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final: however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the
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proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 15th day of MARCH
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard
NOES: None
ABSENT: Council Membe&@lla
ATTEST:
ALETHA L. RAUTENKRANZ, City Cleljk
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 3556
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALlFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP TO DEVELOP 186
SINGLE-FAMILY LOTS AND 176 APARTMENT UNITS ON
PROPERTY GENERALLY LOCATED EAST OF PASEO DEL
NORTE AND NORTH OF CAMINO DE LAS ONDAS.
CASE NAME: MARINERS POINT
CASE NO: CT 91-12
WHEREAS, a verified application for certain property to wit:
a
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Southeast quarter of Section 21, Township 12 South, range 4
west’San Bernardino Meridian, in the County of San Diego,
State of California, according to the official plat.
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has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title
21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of November,
1993, hold a duly noticed public hearing as prescribed by law to consider said request; and
16 WHEREAS, at said public hearing, upon hearing and considering all testimony
17 and arguments, if any, of all persons desiring to be heard, said Commission considered all
la factors relating to the Tentative Map.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of CT 91-12, based on the following findings and subject
to the following conditions:
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Findinns:
1. The project is consistent with the General Plan and Zone 20 Specific Plan since the
o~ed.l proposed density of 5.4 dus/acre is within the density range of 4-8 dus/acre
spdfkd for the site as indicated on the Land Use Element of the General Plan, and
is at or below the growth control point of 6.
2. The project is consistent with all City public facility policies and ordinances since:
The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured building permits will not be issued for the project unless the
District Engineer determines that sewer service is available, and building cannot
occur within the project unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the Public Facilities Element of the
General Plan have been met insofar as they apply to sewer service for this project.
3. The project is in compliance with the adopted mitigation measures of Final
Environmental Impact Report 90-03 and would not create any additional significant
adverse environmental impacts.
4. The applicant is by condition, required to pay any increase in public facility fee, or
new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan prepared
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure
continued availability of public facilities and will mitigate any cumulative impacts
created by the project.
5. This project is consistent with the City’s Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 20.
6. School fees will be paid to ensure the availability of school facilities in the Carlsbad
Unified School District.
7.
8.
9.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or will be required as
conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriate-
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the general plan.
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The project complies with all requirements of Chapter 20.12 of the Carlsbad
Municipal Code.
The site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the
density proposed.
The proposed project is compatible with the surrounding future land use since
surrounding properties are designated for residential development on the general
plan.
The project is consistent with all policies of the Mello II Local Coastal Program.
The tentative map satisfies all requirements of the Title 20 and 21 of the Carlsbad
Municipal Code and the State Subdivision Map Act.
General Planning Conditions:
1.
2.
3.
4.
. . . .
Recommendation of approval is granted for CT 91-11, as shown on Exhibits “A” -
“OO”, dated November 17, 1993 incorporated by reference and on file in the
Planning Department. Development shall occur substantially as shown unless
otherwise noted in these conditions.
This project shall comply with all conditions and mitigation measures which may
be required as part of the Zone 20 Local Facilities Management Plan and any
amendments made to that Plan prior to the issuance of building permits.
This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the District Engineer
determines that sewer facilities are available at the time of application for such
sewer permits and will continue to be available until time of occupancy. This note
shall be placed on the final map.
This project is also approved under the express conditions that the applicant pay the
public facilities fee adopted by the City Council on July 28, 1987 and as amended .
from time to time, and any development fees established by the City Council
pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance
adopted to implement a growth management system or facilities and improvement
plan and to fulfil1 the subdivider’s agreement to pay the public facilities fee dated
November 26, 1991, a copy of which is on file with the City Clerk and is
incorporated by this reference. If the fees are not paid, this application will not be
consistent with the General Plan and approval for this project will be void.
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. . . .
If any condition for construction of any public improvements or facilities, or the
payment of any fees in lieu thereof, imposed by this approval or imposed by law on
this project are challenged this approval shall be suspended as provided in
Government Code Section 66020. tf any such condition is determined to be invalid,
this approval shall be invalid unless the City Council determines that the project
without the conditions complies with all requirements of law.
Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building
permit issuance.
Approval of CT 91-12 is granted subject to the approval of SDP 91-11, HDP 91-25,
SP-203, and Final EtR 90-03.
The developer shall provide the City with a reproducible 24” x 36”, mylar copy of
the Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the conditions of approval by the City. The map copy shall be
submitted to the City Engineer and approved prior to building, grading, final map,
or improvement plan submittal, whichever occurs first.
A 500’ scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within
and adjacent to the project.
As part of the plans submitted for building permit plan check, the applicant shall
include a reduced version of the approving resolution/resolutions on a 24” x 36”
blueline drawing. Said blueline drawing(s) shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
The applicant shall provide the following note on the final map of the subdivision
and final mylar of this development submitted to the City:
“Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Management
Control Point for each General Plan land use designation. Development cannot
exceed the Growth Control Point except as provided by Chapter 21.90. The land
use designation for this development is RM and RLM. The Growth Control Point
for these designations are 6 and 3.2 dwelling units per nonconstrained acre.
All parcels were used to calculate the intensity of development under the general
plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of
these parcels must also include all parcels under the general plan and Chapter 21.90
of the Carlsbad Municipal Code”.
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. . . .
Prior to approval of the final map, the applicant shall receive approval of a Coastal
Development Permit issued by the California Coastal Commission that substantially
conforms to this approval. If the approval is substantially different, an amendment
to CX 91-12 shall be required.
The applicant shall submit a street name list consistent with the City’s street name
policy subject to the Planning Director’s approval prior to final map approval.
The applicant shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code.
The applicant shall establish a homeowner? association and corresponding
covenants, conditions and restrictions. Said CC&R’s shall be submitted to and
approved by the Planning Director prior to final map approval.
The CC&R’s shall include provisions specifying the Homeowner’s Association
maintenance responsibility for all natural open space and slope maintenance
easements, and offsite manufactured slopes shown on the approved tentative map
and landscape plan (CT 91-12), which is on file in the Planning Department.
The developer shall provide a minimum of 25% of the single-family lots with
adequate sideyard area for recreational vehicle storage pursuant to City Standards. The CC&R’s shall prohibit the storage of recreational vehicles in the required front
yard setback. Adjustments in the plotting of units as illustrated on the approved site
plan will be allowed in final Engineering to accommodate this requirement.
The applicant shall provide school fees to mitigate conditions of overcrowding as
part of building petmit application. These fees shall be based on the fee schedule
in effect at the time of building permit application.
Prior to the issuance of the building permit there shall be a Notice of Restriction
placed on the deed to this property subject to the satisfaction of the Planning
Director notifying all interested parties and successors in interest that the City of
Carlsbad has issued. a Tentative Map, Site Development Plan, and Hillside
Development Permit by Resolutions No.‘s 3556, 3557, and 3558 on the real
property owned by the declarant. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions
of approval as well as any conditions or restrictions specified for inclusion in the
Notice of Restriction. Said Notice of Restriction may be modified or terminated only
with the approval of the Planning Director, Planning Commission or City Council
of the City of Carlsbad whichever has final decision authority for this project.
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19.
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All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and sound buffered from adjacent properties and streets,
in substance as provided in Building Department Policy No. 80-6, to the satisfaction
of the Directors of Planning and Building.
In Area “c’ all visitor parking spaces shall be striped a different color than the
assigned resident parking spaces and shall be clearly marked as may be approved
by the Planning Director prior to occupancy of individual units.
The developer shall display a current Zoning and Land Use Map in the sales office
at all times, or suitable alternative to the satisfaction of the Planning Director.
Trash receptacle areas in Unit “c’ shah be enclosed by a six foot high masonry wall
with gates pursuant to City standards. The enclosure shah be of similar colors
and/or materials to the project to the satisfaction of the Planning Director.
For Area “C’ an exterior lighting plan including parking areas shall he submitted for
Planning Director approval prior to issuance of building permits. All lighting shall
be designed to reflect downward and avoid any impacts on adjacent homes or
property.
The applicant shah submit a wall and fencing plan subject to Planning Director
approval prior to issuance of building permits.
Prior to issuance of a building permit the applicant shah submit detailed building
elevations and floor plans of the recreational buildings subject to approval by the
Planning Director.
Prior to approval of the final map or issuance of building permits, whichever occurs
first, the applicant shah establish a process to notify, to the satisfaction of the
Planning Director and City Attorney, all owners, users and tenants of this project
that a community park site is located near this project to the northwest.
Prior to approval of the final map, the owner proposing a future neighborhood
commercial development of overlay designated property shall obtain Planning
Director approval of a program to disclose the potential commercial use to future
owners of the surrounding properties.
To service this development the project shall provide bus stop facilities at locations
subject to the satisfaction of the North County Transit District. Said facilities shall
at a minimum include a bench, free from advertising, and a pole for the bus stop
sign. The bench and pole shall be designed in a manner so as to not detract from
the basic architectural theme of the project and said design shall be subject to the
approval of the Planning Director and North County Transit District.
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29. This project shall comply with the requirements of the Zone 20 Specific Plan (SP
203).
Affordable Housing Conditions: .
30.
31.
32.
This project is approved, subject to the condition that the required ratio of income
restricted units shall be constructed concurrent with the project’s market rate units.
The project shall construct housing units affordable to persons and families of lower
income and comply with all the requirements of the Affordable Housing Plan of the
Zone 20 Specific Plan (SP 203).
Prior to final map approval, an Affordable Housing Agreement s,hall be required to
be submitted by the applicant to the City, approved by the Planning Director and
Director of Housing and Redevelopment, and completed and recorded as a deed
restriction on those units of the project which are designated for the location of
low-income affordable units. The Affordable Housing Agreement shall be binding
to all future owners and successors in interest. The Affordable Housing Agreement;
for which the inclusionary housing requirement will be satisfied through neti
construction of inclusionary units on-site, shall establislr, butpot be limited to, the
m.lo*g: . . .
. . . _ .‘:,. ” ‘,‘:_. ., .: ~ i, ;._ . ‘. . 1 . ,. _ : .* ,’ .y . . ” :... . .- :. :, ,:.
a. The number of inclusionary dwelling units proposed; .
b. The unit size(s) (square footage) of the inclusionary units and
the number of bedrooms per inclusionaty dwelling units;
C. The proposed location of the inclusionary units;
d. .Tenure of affordability for inclusionary units (30 years minimum);
e. Schedule for production of the dwelling units;
f. Incentives and/or financial assistance provided by the City;
g- Where applicable, terms and conditions establishing rules and
procedures for qualifying tenants, setting rental rates, filling
vacancies, and operating and maintaining units for affordable
inclusionary dwelling units;
h. Standards modifications granted by the City.
Sinn Conditions:
33. Prior to occupancy of any of the apartment units, the applicant shall construct a
directory sign at the entrance to the project. The design of this sign shall be
approved by the Planning Director.
34. Building identification and/or addresses shall be placed on all new and existing
l buildings so as to be plainly visible from the street or access road; color 01
identification and/or addresses shall contrast to their background color.
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35. Any signs proposed for this development shall at a minimum be designed in
conformance with the City’s Sign Ordinance and shall require review and approval
of the Planning Director prior to installation of such signs.
Landscane Conditions:
36.
37.
38.
39.
40.
41.
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44.
The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the approval of grading
or building permits, whichever occurs first.
All landscaping shall comply with the Landscape Requirements of the Zone 20
Specific Plan (SP 230).
Prior to approval of the building permits, all manufactured offsite slopes created by
this project shall be landscaped to the satisfaction of the Planning Director, and
shall include at a minimum, landscaping to control erosion and to provide visual
screening of the slopes.
To provide play areas for children (in Area ‘KY), prior to approval of the final
landscape plan, the development shall: (1) provide on the Landscape Plan flat turf
areas (minimum area - 100 square feet) between buildings, slopes, and parking
areas when feasible; and (2) two “tot lot” areas dispersed within the site.
Prior to approval of the final map, the applicant shall establish a 10 foot landscape
easement along the project’s street frontage on both sides of Camino de las Ondas
and along the east side of Hidden Valley Road as shown on the tentative map.
These planting easements shall be planted by the applicant per the landscape
requirements of the Zone 20 Specific Plan prior to occupancy of individual units.
All building pad and street areas that are graded and remain vacant or undeveloped
for a period of more than 6 months after the grading operation is completed shall
be seeded to reduce erosion and visual impacts. If grading is phased, the six month
time period shall start at the completion of each individual grading phase.
All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash and debris.
The developer shall install street trees at the equivalent of 40-foot intervals along
all public street frontages in conformance with City of Carlsbad standards. The
trees shall be of a variety selected from the approved Street Tree List.
All landscape plans shall be prepared to conform with the Landscape Manual and
submitted per the landscape plan check procedures on file in the Planning
Department.
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Landscape plans shall be designed to minimize water use. Lawn and other zone 1
plants (see Landscape Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall
promote water conservation,
The developer shall avoid trees that have invasive root systems, produce excessive
litter and/or too large relative to the lot size.
Prior to final occupancy, a letter from a California licensed landscape architect shall
be submitted to the Planning Director certifying that all landscaping has been installed as shown on the approved landscape plans.
All herbicides shall be applied by applicators licensed by the State of California.
The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building plans,
improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed contours and
shall match the grading plans in terms of scale and location of improvements.
The minimum shrub size shall be 5 gallons. One (1) gallon shrub sizes may be used
if it is deemed to be more beneficial for the long term survivability of the plants as
determined by the Planning Director.
The number of trees in the project shall be equal to or greater than the number of
residential units.
Twenty percent (20%) of the trees in the project shall be 24” box or greater.
Environmentd Mitination Conditions:
55. To offset the conversion of non-prime agricultural land to urban land uses per the
requirements of the Mello II Local Coastal Program the applicant shall implement
one of the following three mitigation options prior to approval of the final map:
a.
b.
Preseme prime agricultural property within the Coastal Zone
consistent with Sections 30241 and 30242, or cluster new
development consistent with Section 30250; of the Coastal Act; or
Illustrate that continued or renewed agricultural use is not feasible per
the guidelines of Mitigation Option 2 of the Local Coastal Program;
or
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56. Compliance with APCD Rules 51 (The “Nuisance” Rule), 52 (Particulate Matter),
and 54 (Dust and Fumes) of the Air Quality Chapter would effectively mitigate dust
impacts generated during grading operations. A note shall be placed on the grading permit stipulating that the following measures shall be required to achieve
compliance with these rules, and reduce construction-related air pollutants:
a.
b.
C.
The watering of all surfaces being graded and haul routes shall be
required during dry weather conditions.
AU unpaved areas shall be revegetated according to approved
landscape plans as soon as possible after grading.
All construction-related traffic shall be restricted to routes that are
dust-controlled, and reduced speed limits shall be maintained for all haul and construction vehicles.
d.
e.
All construction activities shall be limited during periods of high
winds.
f.
g-
h.
All heavy-duty, diesel-powered construction equipment shall be
operated according to manufacturers suggested operating instruction
(with the fuel-injection timing retarded to recommended levels for
NO, emissions, but which would not result in excessive visible smoke emissions) in order to control pollutant emissions.
Construction equipment shall be subject to regularly scheduled
maintenance/tune-ups, and be turned off when not being utilized to
avoid excessive idling emissions.
The application of architectural coating and cut-back asphalt shall
adhere to APCD Rules 67.0 and 67.7, to effectively control other
construction-related emissions of air pollutants.
The Engineering Department shall monitor for compliance during all
grading operations of the project.
57. The Homeowners Association and apartment project owner shall obtain and
distribute to owners and tenants annual information from Caltrans and North
County Transit regarding the availability of public transportation, ride-sharing, and
transportation pooling services in the area. This information shall also be provided
in the sales and rental offices of the project. A condition so stating this shall also be placed in the CC&R’s for the project.
58. The applicant shall provide the following noise mitigation measures to comply with
the current Noise Policy:
C. Provide payment of an agricultural mitigation fee, the amount of which is $lO,OOO.OO for each converted acre.
a. Prior to occupancy of individual units, the applicant shall construct a
six foot high noise attenuation wall on the top of the-slope along lots
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59.
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d.
adjacent to the west side of Alga Road per the requirements of the
project’s noise study dated May 29, 1992 and as shown on the
Landscape Concept Plan for the project, which is on file in the
Planning Department. The said wall shall be faced with stucco to be
compatible with proposed development, and have masonry pilasters
and offsets with landscape s creening to reduce visual impacts along Alga Road.
To obtain an interior noise level of 45 CNEL, the windows and doors
in homes on Lots 3 through 7 must be closed, therefore, a ‘kindows
closed” condition is applicable and a mechanical ventilation system
with fresh air provisions in accordance with the Uniform Building
Code and Planning Department Policy No. 17 is required.
Prior to approval of the fmal map or issuance of building permits,
whichever occurs first, the applicant shall prepare and record a notice
that this property may be subject to impacts from a proposed or
existing transportation corridor (see Noise, Form #l on file in the Planning Department) and overflight, sight, and sound of a&raft
operating from Palomar Airport (see Noise, Form #2 on file in the
Planning Department). The notice shall be prepared in a manner
meeting the approval of the Planning Director and the City Attorney
The applicant shall post aircraft noise notification signs in all sales
and/or rental offices associated with the new development. The
number and locations of said signs shall be approved by the Planning
Director (see Noise, Form #3 on file in the Planning Department).
Prior to approval of a grading permit a detailed soils testing and analysis report
shall be prepared by registered soils engineer and submitted to the Planning
Department and County Health Department for review and approval. The report
shall identify a range of possible mitigation measures to remediate any potentially
significant public health impacts if hazardous pesticides or other chemicals are
detected at high concentrations in the soil.
Prior to occupancy of individual units a solid wall or fence, and landscaped
windbreaks shall be installed along the perimeter of any future developable area
that abuts property under “open field” cultivation, in order to reduce public nuisance
effects of adjacent pesticide spraying and dust generation from farm vehicles and
operations.
Prior to approval of the final map or issuance of a building permit, which ever
occurs first, a minimum 25foot wide open space easement shall be provided
between “open field” agricultural operations and the adjacent lot lines of future
developable areas on-site. This buffer area may be located on the adjacent
agricultural property..
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62.
63.
. . . .
Prior to approval of a Enal map or issuance of a building permit, which ever occurs
first, an infrastructure improvement plan shall be submitted to the Planning and Engineering Departments for review and approval by the Planning Director and City
Engineer. This plan shall illustrate the temporary road connections required to
maintain continued access to adjacent agricultural properties that could be impacted
by future roadway improvements.
Drainage water from buildings, streets, parking lots, and landscaped areas within
the project shall be disposed of through stormdrains or otherwise in a manner that
will avoid any runoff onto agricultural areas whether planted or fallow. All runoff,
agricultural and urban, shall conform with the National Pollution Discharge and
Elimination System Permit requirements pursuant to San Diego Regional Water Quality Control Board Order No. 9042, adopted by City Council Resolution No. 90-
235.
Prior to approval of the final map or issuance of building permits, whichever occurs
first, the applicant shall notify, to the satisfaction of the Planning Director and City
Attorney, all owners, users and tenants of this project that this area is subject to
dust, pesticides, and odors associated with adjacent agricultural operations, and that
the owners, users, and tenants occupy this area at their on risk.
Paleontology:
a.
b.
C.
d.
e.
Prior to any grading of the project site, a paleontologist shall be
retained to perform a walkover survey of the site and to review the
grading plans to determine if the proposed grading will impact fossil
resources. A copy of the paleontologist’s report shall be provided to
the Planning Director prior to issuance of a grading permit.
A qualified paleontologist shall be retained to perform periodic
inspections of the site and to salvage exposed fossils. Due to the
small nature of some of the fossils present in the geologic strata, it
may be necessary to collect matrix samples for laboratory processing
through fine screens. The paleontologist shall make periodic reports
to the Planning Director during the grading process.
The paleontologist shall be allowed to divert or direct grading in the
area of an exposed fossil in order to facilitate evaluation and, if
necessary, salvage artifacts.
All fossils collected shall be donated to a public, non-profit institution
with a research interest in the materials, such as the San Diego
Natural History Museum.
Any conflicts regarding the role of the paleontologist and the grading
activities of the project shall be resolved by the Planning Director.
. .
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66.
67.
68.
69.
70.
71.
72.
Prior to issuance of a building permit the project shall comply with the City of Carlsbad’s standards for solid waste management.
All grading shall comply with the recommendations of Leighton and Associates
Incorporated in the Geotechnical Engineering Investigation and Geologic
Reconnaissance dated August 31,1992, and on tile in the Planning Department.
To reduce the visual impacts of the project, a percentage of homes along the
north/south trending and gently sloping ridgeline shall be one-story in height and
have varying roof lines.
All structures and roofs within the project shall be earth tone in color. Prior to
issuance of the first building permit the applicant shah submit to the Planning
Department a sample color board depicting the proposed earth tones subject to the
approval of the Planning Director.
To reduce the visual impacts of manufactured slopes and roadway cuts, all cut and
Eli slopes shall be landform-graded, contoured, and heavily screened by landscaping
in conformance with Specific Plan 203. All planted slopes shall be watered with a complete irrigation system using low precipitation-rate sprinkler heads to stabilize
exposed slopes and curtail visual impacts associated with possible erosion.
Prior to approval of a final map, improvement plans shall be submitted to the
Engineering Department showing locations and sizing of reclaimed and or urban
nmoff diversion facilities, in accordance with the Carlsbad Municipal Water District
requirements and the phasing schedule provided in the Zone 20 LPMP. Reclaimed
water facilities shall be constructed in all major roadways within the project.
Prior to final map approval, the applicant shall be required: (1) to consult with U.S.
Fish and Wildlife Service (FWS) regarding the impact of the project on the Coastal
California Gnatcatcher; and (2) be issued any permits required by the PWS.
Enszineerinn Conditions:
73. The alignments, tangents and horizontal radii of the streets in this project are
specifically approved as shown on the tentative map.
74. In order to meet the cul-de-sac standard, no building permits shall be issued for any
lot on Street “L” unless a secondary access to the satisfaction of the City Engineer
has been provided.
75. Lot 1, Unit A shall be reserved on the final map for access to properties easterly
from this project unless a particular access has been sufficiently identified to the
. . . .
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76.
77.
78.
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80.
81.
82.
83.
84.
. . . .
satisfaction of the City Engineer. Ln that event an off’ of dedication for the
particular access shall be made on the final map.
The drainage system shall be designed to ensure that runoff resulting from lo-year
frequency storms of 6 hours and 24 hours duration under developed conditions, are
equal to or less than the runoff from a storm of the same frequency and duration
under existing developed conditions. Both 6 hour and 24 hour storm durations shall
be analyzed to determined the detention basin capacities necessary to accomplish the desired results prior to Enal map approval, issuance of building or grading
permit whichever occurs first. This condition may be met if the Applicant
demonstrates to the satisfaction of the City Engineer that adequate downstream flow
capacity and detention/retention capacity already exists or will exist after upgrades
have been guaranteed.
tf this project is required to provide an onsite detention/retention basin as per the
condition to require reduction of peak flows from a 10 year storm to predeveloped
conditions, the south east portion of Lot 191, Unit C shall be resexved for this
purpose as is shown on the tentative map. In that event this portion of Lot 191
shall not be developed with structures as shown on the Site Development Plan, SDP 91-11.
No building permits for more dwelling units in Unit “c’ than the number of dwelling
units that will generate 500 ADT shall be issued unless secondary access to Unit “C
has been guaranteed to the satisfaction of the City Engineer. Only the number of
dwelling units that will generate no more than 500 ADT within Unit “C’ shall be
occupied, until secondary access has been provided.
Unless a standards variance has been issued, no variance from City Standards is
authorized by virtue of approval of this tentative map.
The applicant shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell
Telephone, and Cable TV authorities.
This project is approved specifically as three Units for the purposes of recording.
Lots shall be numbered consecutively through the three recording units.
If the applicant chooses to construct out of phase, the new phasing must be
reviewed and approved by the City Engineer and Planning Director.
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85. Approval of this tentative tract map shall expire twenty-four (24 .> months from the date of City Council approval unless a final map is recorded. An extension may be
requested by the applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions pursuant to Section
20.12.110(a)(2) Carlsbad Municipal Code.
86. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers, and employees from any claim, action or proceeding against the City or its
agents, officers, or employees to attack, set aside, void or null an approval of the
City, the Planning Commission or City Engineer which has been brought against the
City within the time period provided for by Section 66499.37 of the Subdivision
Map Act.
87. The applicant shall pay the current local drainage area fee prior to approval of the
final map for this project or shall construct drainage systems in conformance with
Master Drainage Plan and City of Carlsbad Standards as required by the City
Engineer.
88. Prior to approval of the final map, the owner shall enter into an agreement with the
City to pay any drainage area fees established as a result of the Master Drainage
Plan Update.
89. The owner of the subject property shall execute a Hold Harmless Agreement
regarding drainage across the adjacent property prior to approval of the final map
for this project.
90. . Based upon a review of the proposed grading and the grading quantities shown on
the tentative map, a grading permit for this project is required. Prior to final map
approval, the applicant must submit and receive approval for grading plans in
accordance with City Codes and standards.
91. No grading shall occur outside the limits of the subdivision unless a grading or slope
easement is obtained from the owners of the affected properties. If the applicant
is unable to obtain the grading or slope easement, no grading permit will be issued.
In that case the applicant must either amend the tentative map or change the slope
so grading will not occur outside the project site in a manner which substantially
conforms to the approved tentative map as determined by the City Engineer and
Planning Director.
92. Prior to hauling dirt or construction materials to or from any proposed construction
site within this project, the applicant shall submit to and receive approval from the
City Engineer for the proposed haul route. The applicant shall comply with all
. . . .
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93.
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conditions and requirements the City Engineer may impose with regards to the
hauling operation.
The developer shall exercise special care during the construction phase of this
project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference
Chapter 11.06.
Additional drainage easements may be required. Drainage structures shall be
provided or installed prior to the issuance of grading or building permit as may be
required by the City Engineer.
The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map. The offer
shall be made by a certificate on the final map for this project. All land so offered
shall be granted to the City free and clear of all liens and encumbrances and without
cost to the City. Streets that are already public are not required to be rededicated.
The applicant shall underground all existing overhead utilities within the subdivision
boundary prior to issuance of building permits.
Direct access rights for all lots abutting Camino de las Ondas and Alga Road (except
Lot 1 as shown) shall be waived on the final map.
Some improvements shown on the tentative map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without
acquisition of title or interest. The applicant shall conform to Section 20.16.095 of
the Carlsbad Municipal Code. This conditional approval is null and void if title to
said property is not obtained, unless the City Engineer and Planning Director make
findings of substantial conformance without construction of said improvements.
The applicant shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The applicant shall provide best
management practices to reduce surface pollutants to an acceptable level prior to
discharge to sensitive areas. Plans for such improvements shall be approved by the
City Engineer prior to approval of the final map, issuance of grading or building
permit, whichever occurs first.
The following note shall be placed on the final map:
“Prior to issuance of a building permit for any lot within the
subdivision, the property owner shall pay a one-time special
development tax in accordance with City Council &solution No. 91-39.” . . 4’
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Plans, specifications, and supporting documents for all public improvements shall
be prepared to the satisfaction of the City Engineer. Prior to approval of the final
map in accordance with City Standards, the applicant shall install, or agree to install
and secure with appropriate security as provided by law, improvements shown on
the tentative map and the following improvements:
a.
b.
C.
d.
e.
f.
A traffk actuated signal at the intersection of Alga Road and Camino
de las Ondas shall be designed and guaranteed for future construction.
Construction shall be at the direction of the City Engineer.
A storm dram approximately 600 feet in length nmning offsite
westerly along Camino de las Ondas to connect to the existing 36 inch
line near Seascape Drive. The City Engineer may approve an alternate
that provides sufficient downstream capacity to meet the needs for
handling drainage from this project.
Alga Road between the subdivision boundary and Poinsettia Lane
shall be constructed with full major arterial width grading in a 102
foot right-of-way, two inside lanes, full median curbing, all needed
storm drain facilities and all utilities that will be beneath the paved
roadway sections. The City Engineer may accept an alternate
proposal that fulfilk the need to provide this vital roadway link that
the residents of this project will use. This condition may be met by
another developer based on which developer wishes to proceed first.
All or a portion of these improvements may be eligible for
reimbursement under the Zone 20 LFMP Finance Plan.
Alga Road within the subdivision boundaries shall be constructed with
full public improvements to major arterial standards based on a right-
of-way width 102 feet. .
Hidden Valley Road within the subdivision boundaries shall have half
street improvements plus 12 feet of paving. An offsite portion of
Hidden Valley Road from Camino de las Ondas to the subdivision
boundary shall be constructed for two lanes of travel. This offsite
portion of Hidden Valley Road is required in order to meet the cul-de-
sac policy for Unit Tof this subdivision. All or portions of these
Hidden Valley Road improvements may be met by a City project
pursuant to a reimbursement agreement between the developer and
the City.
Upgrade the detention/retention basin located near Poinsettia Lane
and Batiquitos Drive on Lot 71, CT 73-24, Map No. 7996. The
upgrade shall result in an increase in the volume retained and/or an
increase in time of retention to the satisfaction of the City Engineer.
The City Rngineer may approve an alternate proposal that meets the
retention needs.
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A note to this effect shall be placed on an additional map sheet on the f?nal map per
the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed
above shall be constructed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
Fire Gonditions:
102. Additional on-site public water mains and fire hydrants are required.
103. Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing public water mains and fire hydrants.
The plan should include offsite fire hydrants within 200 feet of the project.
104. Applicant shall submit a site plan depicting emergency access routes, driveways and
traffic circulation for Fire Department approval.
105. An all weather, unobstructed access road suitable for emergency service vehicles
shall be provided and maintained during construction. When in the opinion of the
Fire Chief, the access road has become unserviceable due to inclement weather or
other reasons, he may, in the interest of public safety, require that construction
operations cease until the condition is corrected.
106. All required water mains, fire hydrants and appurtenances shah be operational
before combustible building materials are located on the construction site.
107. All security gate systems controlling vehicular access shall be equipped with a
“Knox”, key-operated emergency entry device. Applicant shall contact the Fire
Prevention Bureau for specifications and approvals prior to installation.
108. Native vegetation which presents a fire hazard to structures shall be modified or
removed in accordance with the specifications contained in the city of Carlsbad
Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to the
Fire Department for approval.
109. An approved automatic fire sprinkler system shall be installed in all buildings having
an aggregate floor area exceeding 10,000 square feet, if required by the Fire
Department.
110. The applicant shall provide a street map which conforms to the following
requirements: A400 scale photo-reduction mylar, depicting proposed improvements
and at least two existing intersections or streets. The map shall also clearly depict
street centerlines, hydrant locations and street names.
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Water District Conditions:
111.
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The entire potable and non-potable water system/systems for subject project shall
be evaluated in detail to ensure that adequate capacity and pressure for domestic,
landscaping and fire flow demands are met.
The developer will be responsible for all fees and deposks plus the major facility
charge which will be collected at time of issuance of building permit. The developer
shall pay a San Diego County Water Authority capacity charge which will be collected at issuance of application for meter installation.
Sequentially, the developer% Engineer shall do the following:
a.
b.
C.
Meet with the City Fire Marshal and establish the fire protection
requirements.
Prepare a colored reclaimed water use area map and submit to the
Planning Department for processing and approval. Schedule a meeting with the District Engineer for review, comment
and approval of the prelimkry system layout usage (G.P.M. - E.D.U.)
plan for potable, reclaimed and sewer systems prior to the preparation
of improvement plans.
This project is approved upon the expressed condition that building permits will not
be issued for development of the subject property unless the water district serving
the development determines that adequate water service and sewer facilities are
available at the time of application for such water service and sewer permits will
continue to be available until time of occupancy. This note shall .be placed on the
final map.
Developer shaJl be responsible for the following systems/lines:
A) Potable Svstems:
1. ONSlTE CONDITIONS: (Units A & B)
a.
b.
Install 8” water mains in Streets “c’, “F’, “G”, “H”, “I”, “s’, “K”,
‘IL”, (Note that “L” Street main must be looped to new 12” high
pressure main) and Camino De Las Ondas from Street “H” to
College Boulevard.
Install 12” water mains in Street “H”, College Boulevard (Alga
Road) boundary to boundary, Camino De Las Gndas from
College Boulevard northeasterly to its termination, and Hidden
Valley Road boundary to boundary.
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C. Install ke hydrants and gate valves per attached District
approved map.
2. OFFSITE CONDL’ITONS:
a.
b.
C.
d.
e.
Install 12” water main (High Pressure) along the southerly
boundary from Street “H” easterly approximately 460 feet to
the existing 12” high pressure line. This new main will be parallel to existing 18”/16” steel low pressure main. Additional
right-of-way easement may be required. Also, the relocation
of this existing 18”/16” main may be required because of
possible grading conflicts.
The existing high and low pressure mains along the southerly
lot lines of Lots 67, 66, 65 & 56 could or will have conflicts
with grading. These issues must be discussed with District
Engineer prior to preparation of mylar improvement plans.
Install approximately 220 feet of temporary 12” high pressure
main in future College Boulevard from the existing 12” high
pressure AC.P. main northwesterly to the easterly boundary
line. (This main will require an offsite easement).
Install 12” low pressure main in Hidden Valley Road from
Camino De La Ondas to the westerly boundaty line. This will
take place when Hidden Valley Road is improved. Also, the
District has a 20 foot wide easement located along the westerly
boundary of which 5.00 foot is located in your subdivision.
Arrangements must be made with District prior to any grading
and/or construction in this easement. Obviously the existing
6” main will be removed/abandoned and the easement
quitclaimed when the Hidden Valley Road main is constructed
but in the meantime arrangement must still be made.
All offsite mains shall require easements and all weather vehicular
access roads.
3. UNIT “C” Conditions (MULTI-FAMILY)
The Developer shall process preliminary potable layout plans through
the Fire Marshal and District Engineer at which time all potable
conditions/requirements shall be set.
J3 Reclaimed Svstems:
1.
2.
Install 12” line in College Boulevard (Alga Road) from
Poinsettia Lane to north property line.
tnstall lines to adequately serve Unit “c’. *
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3. Install system to service all open space and slopes as
determined by District Engineer.
Cl Sewer Svstems:
1.
2.
Pursuant to local facilities management plan Zone 20, install
8” local trunk line in Hidden Valley Road fkom West property
line to San Marcos Lnterceptor line (gravity).
Install 12” trunk line (VBT2 per Zone 20) in Laurel Tree Drive
(or College Boulevard).
Any temporary sewer service alternates must be approved by the District Engineer.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of November, 1993,
by the following vote, to wit:
AYES: Chairperson Noble, Commissioners: Schlehuber,
Welshons, Savary & Erwin.
NOES: None.
ABSENT: Comissioner Hall.
ABSTAIN: None.
BAILEY NOBEE, Chairperson
CARLSBAD PLANNING COMMISSION
ATI'EST:
MICHAELJ. HOf,ZMtLER
PLANNING DIRECTOR
PC RBSO NO. 3556 -21- . . . 4’
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PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE
Please Take Notice:
The Planning Department has determined that the environmental effects of the project
described below have already been considered in conjunction with previously certified
environmental documents and, therefore, no additional environmental review will be
required and a notice of determination will be filed.
Project Title: Mariners Point
Project Location: City of Carlsbad south of Palomar Airport Road directly north of
Camino de las Ondas.
Project Description: A one year tentative map extension for 186 single-family lots, one
multi-family lot, and one open space lot.
Justification for this determination is on file in the Planning Department, Community
Development, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the
public are invited. Please submit comments in writing to the Planning Department within
twenty (20) days of date of publication.
DATED:
CASE NO:
MARCH 8, 1996
Planning Director
CT 91-l 2x1 /SDP 91-I 1 /HDP 91-25
CASE NAME: MARINERS POINT
PUBLISH DATE: MARCH 8, 1996
JG:kr
EXHIBIT 5
2075 Las Palmas Dr. l Carlsbad, CA 92009-1576 - (619) 438-11610 FAX (619) 438-0894
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VIRONHE(yIAI IHPACT ASSESSMENT FOM - PART I
(To be Completed by APPLICANT)
Applicant: Rramalea California, Inc. Attention ' .~mile Haddad
A&ess of Applicant: '- 27432 Calle kroyo San Juan Capistrano CA. 92675
Phone Number: ( 714) 48,83_8850
Name, address and phone number of person to be contacted (if other than Applicant): Jac&.Hen,thorS1..5431 Aaenida Encinas Carlsbad CA. 92008 438-4090
GENERAL INFORMTION: (Please be Specific)
Project Description: Application for Tentative Map and Planned Development
Permit for 353 units consisting of 185 single family lots PC 1 multifamily lot
subdivision (168 rental units inclusive of 53 affordable)
Project Location/Address: Approximately 1,300 feet East of Paseo De1 Norte along
the North side of Camino De Las Ondas
Assessor Parcel Number: ?14 - 140 - D*
General Plan/Zone of Subject Property: RM I?i RLM /RDMQ R-1-10-R
Local FacilltIes Management Zone: *D
Is the site nithjn Carlsbad's Coastal Zone? Yes
Please describe the area surrounding the site to the
North: Vacant East: Vacant
South: Vacant & Residential West: Vacant
List all other applicable permits b approvals related to this project:
zone 20 Specific Plan Application *.
2
37
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JPlease be SDeclr) AttachAdditional bits, if necessary)
1. Please describe the project site, including distinguishing natural and
manmade+characteristics. Also provide precise slope analysis when a slope
of 15' or higher and 15% grade or greater is present on the site.
t 68 acres gently sloping from East to West from a elevatio of f 310
M.S.L. to + 170 M.S.L.
2. Please describe energy conservation measures incorporated into the design and/or operation of the project.
Residential units will comply with all regulations for energy conservation.
This application anticipates compliance with those regulations.
3. PLEASE ATTACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOWING:
a. If a residential project identify the number of units, type of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected, average dailytrafficgeneration (latest SANDAG
rates). 6
Summary Sheet Attached
b. If a commercial project, indicate the exact type, activity(ies), square footage of sales area, average daily traffjc generatIon
(latest SANDAG rates), parking provided, and loading facilities.
c. If an industrial project, indicate the exact type or industry(ies), average daily traffic generation (latest SANDAG rates), estimated employment per shift, time of shifts, and loading facilities.
d. If an institutional project, indicate the major project/site
function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project.
3.
. . .
, . . I. ENVIRONMENTAL
Please Answer each of 'the following questions by placing a check in the appropriate space. Then, fully discuss and explain why each item was checked yes-or no. Provide supporting data if applicable. Attach additional sheets as necessary.
m !ic!
1) Could the project significantly impact or change
present or future land uses in the vicinity of the
activity? c X
EXPLANATION: See Attached
2) Could the activity affect the use of a recreational area, or area of aesthetic value? X
. . . EXPLANATION: The PrnlPrt 1~ nn m nd;
there is no recreational area near stte.
31 Could the activity affect the functioning of an established community or neighborhood?
EXPLANATION: SPP Attarbpd
X
4) Could the activity result in the displacement of
community residents? X
EXPLANATION: Will notdisplaceany residents,
vacant land.
4
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Could the activity increase the number of low and moderate cost housing units in the city? X
NO , - .
6)
71
8)
9)
EXPLANATION: There will be 53 low income rental
units on site.
Could the activity significantly affect existing housing or create a demand for additional housing?
EXPLANATION: Will help supply the demand, not
create it.
Are any of the natural or man-made features in the activity area unique, that is, not found in other parts of the county, state or nation?
EXPLANATION: twnouniaue nr m;rn-m;lde
, features on the site as addrem In the 7nno 7n11B .
Could the activity significantly affect an historical or archaeological site or its Settings? x
EXPLANATION: There are two archeological sites on the
ProPertY, although they are minor and will be mitigated
as outlined in the Zone 20 EIR.
X
X
Could the activity signfficantly affect the potential use, extraction, or conservation of a
scarce natural resource?
EXPIANATION: No scarce natural resoures on the site
as addressed in the Zone 20 EIR.
x
5
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YES NO
. 10) Could the activity significantly affect fish,
wildlife or plant resources? X
EXPLANATION:' There are no siqnificant fish. wildlife,
or plant resources on the urooertv as . addressed he
11) Are there any rare or endangered plant or animal species in the activity area? X
EXPLANATION: There are no rape or endangered plant
or animal species in the activity area as addressed in the
Zone 20 EIR.
12) Could the activity change existing features of any
of the city's stream, lagoons, bays, tidelands or beaches? X
EXPLANATION: The site is at least two miles from streams,
lagoons, bays, tide pools or beaches. Overall Zone
M'itigation addressed:in Zone 20 EIR.
13) Could the activity result in the erosion or elimin- ation of agricultural lands? X
EXPLANATION: See Attached
14) Could the activity serve to encourage development
of presently undeveloped areas or intensify develop-
ment of'already developed areas? X
EXPLANATION: See Attached
6
* . . m NO
15) Will the activity require a variance from estab-
lished environmental standards (air, water, noise,
etc.)? X
EXPLANATION: See Attached
16) Is the activity carried out as part of a larger
project or series of projects?
EXPLANATION: However, part of Zone 20 Specific Plan/
EIR
17) Will the activity require certification, authoriza- tion or issuance of a permit by any local, state or federal environmental control agency?
EXPLANATION: Coastal Commission
18) Will the activity require issuance of a variance or conditional use permit by the City?
EXPLANATION: No conditional use permit is needed
for uses permitted under city codes,
19) Will the activity involve the application, use, or disposal of potentially hazardous materials?,
EXPLANATION: No hazardous materials are involved
in the development.
X
X
X
X
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I.. YES NO
20) Will the activity involve construction of I&lAies
in a.flood plain? X
EXPLANATION: Site is not in a flood plain.
21) Will the activity involve construction of facilities
in the area of an active fault? X
EXPLANATION:
Site is not near an active fault.
22) Could the activity result in the generation of L significant amounts of dust?
EXPLANATION: See Attached
.
X
23) will the activity involve the burning of brush.
trees, or other materials? X
EXPLANATION: No burning ofbrush, trees, or other
materials will take place.
24) Could the activity result in a significant change in the quality of any portion of the region's air or water resources? (Should note surface, ground water, off-shore.) X
EXPIANATIOCJ: See Attached
8
YES
25)
26)
27)
28)
Will the project substantially increase fuel
consumption (electricity, oil, natural gas, etc.)?
EXPLANATION: * Fuel consumption will not siqnificantly
increase due to scope of the project.
Will the activity involve construction of facilities
on a slope of 25 percent or greater?
x
EXPLANATION: Small area central to site to he tyxaded.
Will there be a significant change to existing land form?
(a) Indicate estimated grading to be done in cubic yards: 550,000 (b) Percentage of alteration to thi present land form: 98% . (c) Maximum height of cut or fill slopes:
30 feet l
EXPLANATION: See Attached
g40 k’
Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? X
EXQ~TIO)(: See Attached
I?_0
X
X
9
29) Will the project significantly increase wind Or
water erosion of soils?
EXPLANATION:. Erosion control measures will be kept
in place during and after grading in accordance with
City and Coastal Commision requirements.
NO
X
30) Could the project significantly affect existing
fish or wildlife habitat?
EXPLANATION: Project will not significantly affect
wildlife, because there is very little on the site.
X
311 Will the project significantly produce new light or glare? X
EXPVMATION: See Attached
10
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II. STATEMENT OF N~J+SIGNIFICANT ENVIRONMENTAL EFFECTS
If you have answered yes to any of the questions in Section I but think
the activity will have no significant environmental effects, indicate your
reasons below:
All of the environmental issues and mitigation have been addressed in the Zone 20 EIR and the conditions of approval from the City and Coastal Commission.
III. COMMENTS OR ELABORATIONS TO ANY OF THE OUESTIONS IN SECTION 5.
(If additional space is needed for answering any questions, attach
additional sheets as needed.)
Signature
(Person Completing Report)
Date Signed
11
1. NO The City's General Plan and existing development in the area indicate that this area will continue to develop in residential land uses. Land to the south is developed in residential land use. Surrounding vacant land is designated
for compatible residential land use.
3. YES The open space, drainage and circulation facilities proposed as a part of this project will enhance the functioning of this neighborhood.
4. NO The proposed development will comply with the mitigation measures contained in the Zone 20 Specific Plan EIR.
13. NO The site contains no Class I or Class II soil types. The Zone 20 Specific Plan EIR found that the development of the Specific Plan area would not have a significant impact on agriculture.
14.. NO Development intensities are already well established in this area. The City's General Plan, The Aviara Master Plan and existing surrounding development have already established that the area is to be developed and the intensity to which it will develop to maintain intensity.
15. NO The proposed project complies with all established environmental standards as well as the mitigation measures recommended in the Zone 20 Specific Plan EIR.
22. NO Dust control mitigation measures cited in the Zone 20 Specific Plan EIR and existing City grading regulations will be utilized during all grading activities.
24. NO The proposed project complies with all drainage and eroeion control measures contained in City of Carlsbad regulations and in the Zone 20 Specific Plan HR. All facilities have been sized and located to comply with the City's Drainage Master Plan. These measures will protect surface and off shore water resources. All development will be required to connect to the Municipal Sewer system thereby eliminating an y potential contamination of groundwater resources.
Due to the fact that the San Diego basin is a non attainment basin, any incremental increase in emissions is considered to be significant. The project as proposed will be conditioned to comply with the mitigation measures as outlined in the Zone 20 Specific Plan EIR.
27. NO The general land form, gently sloping from east to west will not be altered significantly. Grading necessary to create infrastructure and pad area will be in compliance with the City's Hillside Development Ordinance, Grading Ordinance and Local Coastal Program. .
28. NO All increased demand for utilities, sewers, drains or
Y7
streets have been identified in the Local Facilities Management Plan. The performance standards and mitigation measures contained in the Local Facilities Management Plan are adequate to insure that increased demand from new development is offset.
31. NO Lighting to result from ultimate development will be generated by residential lighting, required City street lighting and any lighting necessary for. other purposes. Compliance with existing regulations relating to the control of glare is required of all new development.
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. CT 91-12Xl/SDP 91-ll/HDP 91-25
DATE: March 1. 1996
BACKGROUND
1. CASE NAME: Mariners Point
2. APPLICANT: Bramalea California. Inc.
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 27432 Calle Arrovo. San Juan Canistrano. CA
92675 (7 14) 488-8850
4. DATE EIA FORM PART I SUBMITTED: February 23. 1996
5. PROJECT DESCRIPTION: A 1 year time extension for a previously approved tentative man for 186
single-family lots. 1 multi-family lot, and 1 onen space lot. all on a 68 acre parcel located in Zone 20,
south of Palomar Airport Road and directly north of Camino De Las Ondas. The nroiect’s environmental
effects were analvzed under Final EIR 90-03 for Specific Plan 203.
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.
X Land Use and Planning X Transportation/Circulation X Public Services
- Population and Housing - Biological Resources - Utilities and Service Systems
- Geological Problems - Energy and Mineral Resources - Aesthetics
_ Water X Hazards X Cultural Resources
X Air Quality X Noise - Recreation
X Mandatory Findings of Significance
1 Rev. 3/28/95
-DETERMINATION.
- -
(To be completed by the Lead Agency).
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because the mitigation measures described on an attached sheet have been
added to the project. A 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. An ENVIRONMENTAL IMPACT REPORT/MITIGATED NEGATIVE DECLARATION
is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, there WILL NOT
be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately
in an earlier EIR (EIR 90-03) pursuant to applicable standards and (b) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed
project. Therefore, a Notice of Prior Compliance has been prepared.
q
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cl
IEI
Planner Si$iaYure
3- s- 7z
Date
Planning Director Sig6’kure”
3]&47
Date I
JG:kr
Rev. 3/28/95
-
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an
Environmental Impact Assessment to determine if a project may have a significant effect on the environment.
The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist
identifies any physical, biological and human factors that might be impacted by the proposed project and
provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact
Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration.
. A brief explanation is required for all answers except “No Impact” answers that are adequately supported
by an information source cited in the parentheses following each question. A “NO Impact” answer is
adequately supported if the referenced information sources show that the impact simply does not apply
to projects like the one involved. A “No Impact” answer should be explained when there is no source
document to refer to, or it is based on project-specific factors as well as general standards.
. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is
not adversely significant, and the 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. S/28/95
Sr
. 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. 3128195 52
- Issues (and Supporting Information Sources):
Source Documents:
1. Zone 20 Specific Plan (SP 203) Final EIR (EIR 90-03) certified 12/14/!93
2. General Plan Master EIR (EIR 93-01) certified on 9/6/94
I. LAND USE AND PLANNING. Would the proposal:
Potentially
Significant
Impact
Potentially
Significant
Unless Less Than
Mitigation Significant No
Incorporated Impact Impact
a) Conflict with general plan designation or zoning?
(Source #l)
b) Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction over
the project? (Source #l)
c) Be incompatible with existing land use in the
vicinity? (Source #l) x
d) Affect agricultural resources or operations (e.g.
impacts to soils or farmlands, or impacts from
incompatible land uses)? (Source #l) x
e) Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)? (Source #l)
II. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local
population projections? (Source #l)
b) Induce substantial growth in an area either directly
or indirectly (e.g. through projects in an
undeveloped area or extension of major
infrastructure)? (Source # 1)
c) Displace existing housing, especially affordable
housing? (Source #l)
III. GEOLOGIC PROBLEMS. Would the proposal result in or
expose people to potential impacts involving:
a) Fault rupture? (Source #l)
b) Seismic ground shaking? (Source #l)
c) Seismic ground failure, including liquefaction?
(Source #l)
x
x
x
x
x
-
x
x
x
x
5 Rev. 3/28/95
$3
-
. Issues (and Supporting Information Sources):
Source Documents:
1. Zone 20 Specific Plan (SP 203) Final EIR (EIR 90-03) certified 12/14/93
2. General Plan Master EIR (EIR 93-01) certified on 9/6/94
d) Seiche, tsunami, or volcanic hazard? (Source #l)
e) Landslides or mudflows? (Source #l)
f) Erosion, changes in topography or unstable soil
conditions from excavation, grading, or fill?
(Source #l)
g) Subsidence of the land? (Source #l)
h) Expansive soils? (Source #l)
i) Unique geologic or physical features? (Source #l)
IV. WATER. Would the proposal result in:
4 Changes in absorption rates, drainage patterns, or
the rate and amount of surface runoff? (Source #l)
b) Exposure of people or property to water related
hazards such as flooding? (Source #l)
c> Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved
oxygen or turbidity)? (Source #l)
4 Changes in the amount of surface water in any
water body? (Source #l)
e) Changes in currents, or the course or direction of
water movements? (Source #l)
f) 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 groundwater recharge
capability? (Source # 1)
8 Altered direction or rate of flow of groundwater?
(Source #l)
h> Impacts to groundwater quality? (Source #l)
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
x
x
x
x
x
-
x
-
X
-
x
x
x
x
x
x
x
6 Rev. 3128195 59
-
*
_ Issues (and Supporting Information Sources):
Source Documents:
1. Zone 20 Specific PIan (SP 203) Final EIR (ElR 90-03) certified 12/14/93
2. General Plan Master ElR (EIR 93-01) certified on 9/6/94
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
i) Substantial reduction in the amount of groundwater
otherwise available for public water supplies?
(Source # 1)
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an
existing or projected air quality violation?
w
b) Expose sensitive receptors to pollutants?
#l)
(Source
x
(Source
c) Alter air movement, moisture, or temperature, or
cause any change in climate? (Source #l)
d) Create objectionable odors? (Source #l)
VI. TRANSPORTATION/CIRCULATION. Would the proposal
result in:
a) Increased vehicle trips or traffic congestion?
(Source #l) x
b) Hazards to safety from design features (e.g. sharp
curves or dangerous intersections) or incompatible
uses (e.g. farm equipment)? (Source #l)
.
c) Inadequate emergency access or access to nearby
uses? (Source #l)
d) Insufficient parking capacity on-site or off-site?
(Source #l)
e) Hazards or barriers for pedestrians or bicyclists?
(Source #l)
f) Conflicts with adopted policies supporting
alternative transportation (e.g. bus turnouts, bicycle
racks)? (Source #l)
g) Rail, waterborne or air traffic impacts? (Source #l) -
x
x
x
X -
-
x
x
x
x
x
x
7 Rev. 3/28/95
-
_ Issues (and Supporting Information Sources):
Source Documents:
1. Zone 20 Specific Plan (SP 203) Final EIR (ElR 90-03) certified 12/14/93
2. General Plan Master EIR (EIR 93-01) certified on 9/6/94
VII.
4
b)
cl
4
4
VIII.
a)
W
cl
BIOLOGICAL RESOURCES. Would the proposal
result in impacts to:
Endangered, threatened or rare species or their
habitats (including but not limited to plants, fish,
insects, animals, and birds? (Source #l)
Locally designated species (e.g. heritage trees)?
(Source #l)
Locally designated natural communities (e.g. oak
forest, coastal habitat, etc.)? (Source #l)
Wetland habitat (e.g. marsh, riparian and vernal
pool)? (Source #l)
Wildlife dispersal or migration corridors? (Source
#l)
ENERGY AND MINERAL RESOURCES. Would the
proposal:
Conflict with adopted energy conservation plans?
(Source #l)
Use non-renewable resources in a wasteful and
inefficient manner? (Source #l)
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? (Source
#1)
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? (Source
#l)
b) Possible interference with an emergency response
plan or emergency evacuation plan? (Source #l)
8 Rev. 3128195
Potentially
Significant
Impact
Potentially
Significant
Unless Less Than
Mitigation Significant No
Incorporated Impact Impact
x
x
x
x
x
x
x
x
x
x
. Issues (and Supporting Information Sources):
Source Documents:
1. Zone 20 Specific Plan (SP 203) Final EIR (EIR 90-03) certified 12/14/93
2. General Plan Master EIR (EIR 93-01) certified on 9/6/94
c) The creation of any health hazard or potential
health hazard? (Source #l)
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
d) Exposure of people to existing sources of potential
health hazards? (Source #l) x
e) Increase fire hazard in areas with flammable brush,
grass, or trees? (Source #l)
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? (Source #l)
b) Exposure of people to severe noise levels? (Source
w x
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? (Source #l)
b) Police protection? (Source #l)
c) Schools? (Source #l) x
d) Maintenance of public facilities, including roads?
(Source #l)
e) Other governmental services? (Source #l)
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? (Source #l)
b) Communications systems? (Source #l)
c) Local or regional water treatment or distribution
facilities? (Source #l)
Less Than
Significant
Impact
No
Impact
x
x
x
-
-
x
x
x
x
x
x
x
9 Rev. 3128195
. Issues (and Supporting Information Sources):
Source Documents:
1. Zone 20 Specific Plan (SP 203) Final EIR (EIR 90-03) certified 12/14/93
2. General Plan Master EIR (EIR 93-01) certified on 9/6/94
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
d) Sewer or septic tanks? (Source #l) x
e) Storm water drainage? (Source #l)
f) Solid waste disposal? (Source #l)
g) Local or regional water supplies? (Source #l)
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic vista or scenic highway? (Source
#l)
b) Have a demonstrable negative aesthetic effect?
(Source #l)
c) Create light or glare? (Source #l)
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources? (Source #l)
b) Disturb archaeological resources? (Source #l)
c) Affect historical resources? (Source #l)
d) Have the potential to cause a physical change
which would affect unique ethnic cultural
values? (Source #l)
e) Restrict existing religious or sacred uses within
the potential impact area? (Source #l)
XV. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or
regional parks or other recreational facilities?
(Source #l)
b) Affect existing recreational opportunities?
(Source #l)
x
x
x
x
x
x
x
-
x
x
x
x
x
x
10 Rev. 3128195
0 Issues (and Supporting Information Sources):
Source Documents:
1. Zone 20 Specific Plan (SP 203) Final EIR (EIR 90-03) certified 12/14/93
2. General Plan Master EIR (EIR 93-01) certified on 9/6/94
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
Potentially
Significant
Impact
Potentially
Significant
Unless Less Than
Mitigation Significant No
Incorporated Impact Impact
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)(Source #2) x
c) Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly?
XVII. EARLIER ANALYSES.
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:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Earlier
analyses (Source Documents) are cited at the beginning of the impacts checklist on page 6.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope
of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures based on the earlier analysis. Air Quality
and Circulation Impacts: Statements of Overriding Considerations made with the City’s General
Plan Master EIR (Source Document #2).
cl 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. The appropriate mitigation measures
were included as conditions of approval for the original CT 91-12. New conditions are not
required.
11 Rev. 3/28/95
DISCUSSION OF ENVIRONMENTAL EVALUATION
Since a Final EIR was certified for Specific Plan 203 and the tentative map extension is consistent with the
approved project, the General Plan, and Specific Plan 203, the CEQA Guidelines under Section 15 182,
“Residential Projects Pursuant to a Specific Plan”, state that if a public agency has prepared an EIR on a specific
plan after January 1, 1980, no EIR or Negative Declaration need be prepared for a residential project undertaken
pursuant to and in conformity to that specific plan. From approval of the original tentative map in March 1994
to this date, environmental circumstances concerning the project’s environmental effects have not changed.
There are no additional significant impacts that have not otherwise been evaluated in Final EIR 90-03, therefore,
the tentative map extension is in compliance with the findings and analysis of certified Final EIR 90-03. All
the appropriate mitigation measures necessary to mitigate significant environmental effects have been added as
project conditions or have been designed into the project, except for the following direct significant impacts to
air quality and cumulative significant impacts to circulation:
AIR OUALITY:
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.
Operation-related emissions are considered cumulatively significant because the project is located within a “non-
attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project
is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification
of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding
Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all projects
consistent with the General Plan’s Final Master EIR, including this project, therefore, no further environmental
review of air quality impacts is required. This document is available at the Planning Department,
CIRCULATION:
The implementation of 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
12 Rev. 3128195 b
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.
Regional related circulation impacts are considered cumulatively significant because of the failure of
intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study”
checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore,
the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City
Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts.
This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s
Master EIR, including this project, therefore, no further environmental review of circulation impacts is required.
13 Rev. S/28/95
e, .f
LIST MITIGATING MEASURES (IF APPLICABLE)
N/A
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE1
14 Rev. 3128195
-
.
- 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 Signature
15 Rev. 3128195 d3
April 18, 1996
Attention: Jack Henthorn Jack Henthorn & Associates 5431 Avenida Encinas, Suite J Carlsbad, CA 92008
Re: Mariner's Point
The Carlsbad City Council, at its meeting of April 9, 1996,
adopted Resolution No. 96-123, granting a request for a one year
extension of time for Carlsbad Tract CT 91-12, Mariner's Point.
Enclosed is a copy of Resolution No. 96-123 for your files.
KRR:ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808
April 18, 1996
Attention: Emile Haddad Bramalea California, Inc. 27432 Calle Arroyo San Juan Capistrano, CA 92675
Re: Marinerls Point
The Carlsbad City Council, at its meeting of April 9, 1996, adopted Resolution No. 96-123, granting a request for a one year extension of time for Carlsbad Tract CT 91-12, Mariner's Point.
Enclosed is a copy of Resolution No. 96-123 for your files.
KRR:ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808