HomeMy WebLinkAbout1999-05-11; City Council; 15181; DeJong Project- - 0 6
CITY OF CARLSBAD - AGEIWA BILL RdA
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DEJONG RESIDENTIAL PROJECT MTG. 5/11/99 ZC 9&02/LCPA 98-Ol/CT 98-051 CITY All-Y.
HDP 98-03/CDP 98-26/V 98-04
DEPT. PLN 4f CITY MGR
RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No. A/S-P&/, APPROVING ZC 98-02 and ADOPT
Resolution No. 9 9- &I APPROVING a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, ZC 98-02, LCPA 98-01, CT 98-05, HDP 98-03, CDP 98-26, and
V 98-04.
ITEM EXPLANATION:
On April 7, 1999, the Planning Commission conducted a public hearing and recommended approval
of the Dejong Residential Project by a vote of 5-O. The project site is located at the northeast corner
of the intersection of Black Rail Road and future Poinsettia Lane in the Coastal Zone and Local
Facilities Management Zone 20.
The proposed project is for the creation of a 30 let/28-unit single-family subdivision on a vacant 33.4
acre parcel. The project will consist of 28 single-family lots all with a lot area greater than 7,500
square feet. Two open space lots are proposed, one with an area of 21 .I9 acres containing
sensitive habitat and the other with an area of 1.49 acres in which common landscaping and a trail
(Trail Segment No. 30) will be constructed parallel to future Poinsettia Lane. The applicant is
requesting to purchase 4.2 affordable housing credits in the Villa Loma housing project to satisfy the
project’s affordable housing requirements under the City’s lnclusionary Housing Ordinance. On
December 10, 1998 the City’s Housing Commission approved the request to purchase affordable
housing credits.
The project requires a Zone Change and Local Coastal Program Amendment to change the zoning and coastal program land use designation from Limited Control (L-C) to One-Family Residential,
7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1-7,500-Q) and Open Space (OS). In addition, a Tentative Tract Map, Hillside Development Permit, Coastal Development
Permit, and Variance are needed for the project. The requested variance is to allow two lots to
exceed the maximum panhandle length. At this point in time no home plans have been submitted
for these lots. The Qualified Development Overlay Zone which is proposed as part of the R-l
zoning will require the approval of a Site Development Plan for the units. The project will be
constructing a portion of Poinsettia Lane. The environmental analysis for the project has evaluated
the offsite Poinsettia Lane road improvements. Except for the requested variance the project complies with City Standards and all the necessary findings can be made for the approvals being
requested. More detailed information is included in the attached staff report to Planning
Commission.
ENVIRONMENTAL REVIEW:
A Mitigated Negative Declaration is proposed for the project. The project is within the scope of the
City’s Master Environmental Impact Report which is utilized to address the project’s cumulative air
quality and circulation impacts. The project was also evaluated in the Zone 20 Program Environmental Impact Report. The project’s direct significant effects include impacts to biological
resources, hazards associated with potential agricultural soil contamination, noise from traffic on
future Poinsettia Lane, and paleontological resources. Environmental mitigation measures are proposed for all of the direct significant environmental impacts to reduce them to below a level of
significance. In addition, the project has been conditioned to pay its fair share of the Palomar Airport
Road/El Camino Real intersection “short-term improvements”.
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PAGE 2 OF AGENDA dlLL NO. 1% Is/
FISCAL IMPACT:
All required improvements needed to serve this project will be funded by the developer. The Facility
Financing Section of the Zone 20 Local Facility Management Plan lists the financing techniques
being used to guarantee the public facilities needed to serve development within Zone 20.
GROWTH MANAGEMENT STATUS:
Facilities Zone 20
Local Facilities Management Plan 20
Growth Control Point 3.2 DUlAC
Net Density 1.8 DUlAC
Snecial Facilitv Fee CFD No. 1
EXHIBITS:
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City Council Ordinance No. NJ- @I City Council Resolution No. 99 - /cbl
Location Map
Planning Commission Resolutions No. 4503, 4504, 4505, 4506, 4507, 4508, and 4509
Planning Commission Staff Report, dated April 7, 1999
Draft Excerpts of Planning Commission Minutes, dated April 7, 1999.
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1 ORDINANCE NO. 1~3-481
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 98-02
FROM L-C TO R-1-7,500-Q AND OS ON PROPERTY
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
THE INTERSECTION OF BLACK RAIL ROAD AND FUTURE
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: DE JONG RESIDENTIAL PROJECT
CASE NO.: ZC 98-02
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The City Council of the City of Carlsbad, California does ordain as follows:
SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
zoning map, is amended as shown on the map marked Exhibit “ZC 98-02” attached hereto and
made a part hereof.
SECTION II: That the findings and conditions of the Planning Commission as
set forth in Planning Commission Resolution No. 4504 constitute the findings and conditions of
the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
17 published at least once in a newspaper of general circulation within fifteen days after its
18 adoption.
19 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
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Council held on the 11th day of *Y , 1999, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City Council held on the
day of , 1999, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
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ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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PROPERTY ZONE CHANGE ZC: 98-02
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Project Name: Dejong Residential Project 1 Related Case File No(s):
Legal Description(s): Being a portion of Lot 2 of Section LCPA 98-01 /CT 98-OUHDP 98-03/CDP 98-26/V 98-04
22, Township 12 South, Range 4 West, San Bernardino
Base and Meridian, in the City of Carlsbad, County of San
Diego, State of California according to the official plat thereof.
Zone Change Approvals
Property: From: To: Council Approval Date:
A. 2 15-080-3 1 L-C R-l -7,500-Q &OS Ordinance No:
B. Effective Date:
C. Signature:
D.
Attach additional pages if necessary
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RESOLUTION NO. 99-l 61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM, ZONE CHANGE, LOCAL
COASTAL PROGRAM AMENDMENT, TENTATIVE TRACT MAP,
HILLSIDE DEVELOPMENT PERMIT, COASTAL DEVELOPMENT
PERMIT, AND VARIANCE TO CHANGE THE LAND USE
DESIGNATION ON THE SITE FROM L-C TO R-1-7500-Q AND
OS, AND CREATE 28 RESIDENTIAL AND 2 OPEN SPACE
LOTS ON 33.4 ACRES ON PROPERTY GENERALLY LOCATED
ON THE NORTHEAST CORNER OF THE INTERSECTION OF
BLACK RAIL ROAD AND FUTURE POINSETTIA LANE IN THE
COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT
ZONE 20
CASE NAME: DEJONG RESIDENTIAL PROJECT
CASE NO.: ZC 98-02/LCPA 98-Ol/CT 98-05/HDP 98-.
OYCDP 98-26/V 98-04 ;,’ :
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The City Council of the City of Carlsbad, California, does hereby resoJve .as’ . I. .,I,
WHEREAS, on April 7, 1999, the Carlsbad Planning Commission held ‘a- duly
follows:
noticed public hearing to consider a proposed Mitigated Negative Declaration and Mitigation.
Monitoring and Reporting Program, Zone Change, Local Coastal Program Amendment,
Tentative Tract Map, Hillside Development Permit, Coastal Development Permit, and Variance
to grade and subdivide 33.4 acres into 30 lots, and adopted Resolutions 4503, 4504, 4505,
4506, 4507, 4508, and 4509 recommending to the City Council that the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, Zone Change, Local Coastal
Program Amendment, Tentative Tract Map, Hillside Development Permit, Coastal Development
Permit, and Variance be approved; and
WHEREAS, the City Council of the City of Carlsbad, on 11 th day of
MaY I 1999, held a duly noticed public hearing to consider the recommendation and
heard all persons interested in or opposed to the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, Zone Change, Local Coastal Program Amendment,
Tentative Tract Map, Hillside Development Permit, Coastal Development Permit, and Variance;
and
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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 recommendation of the Planning Commission for the approval of
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone
Change 98-02, Local Coastal Program Amendment 98-01, Tentative Tract Map 98-05, Hillside
Development Permit 98-03, Coastal Development Permit 98-26, and Variance 98-04 is
approved and that the findings and conditions of the Planning Commission contained in
Planning Commission Resolutions No. 4503, 4504, 4505, 4506, 4507, 4508, and 4509 on file
with the City Clerk and incorporated herein by reference, are the findings and conditions of the
City Council.
3. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1 .I6 of the Carlsbad .Municipal Code, “Time Limits for Judicial
Review” shall apply:
“NOTiCE TO APPLICANT”
“The time tithin,which judicial review of this d&&ion :must.:be.sought is :
governed by Code of Civil Procedure, Section ,1094.6,. which, has been : 1”
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 no 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 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 latter than the thirtieth day
following the date on which the record is either personally delivered or
mailed to the party, or his attorney of record, if he has one. A written
request for the preparation of the record of the proceedings shall be filed
with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive,
Carlsbad, California 92008.”
. . .
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 11 th day of May 1999, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard & Finnila
NOES: None
ABSENT: Council Members Hall & Kulchin
Al-TEST: ; f ,
(SEAL)
.’ :, -:..,i,: ,_. ,‘(.
; City Clerk ‘. . I: .: ‘4 :
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nt City Clerk .j.mI T .I '
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EXHIBIT 3
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DE JONG PROPERTY
ZC 98902lLCPA 98-01 /CT 98-051
HDP 98=03/CDP 98=26/V 98-04
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EXHIBIT
PLANNING COMMISSION RESOLUTION NO. 4503
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORING AND REPORTING
PROGRAM TO GRADE AND SUBDIVIDE 33.4 ACRES INTO
30 LOTS ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF BLACK
RAIL ROAD AND FUTURE POINSETTIA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: DE JONG RESIDENTIAL PROJECT
CASE NO.: ZC 98-02/LCPA 98-Ol/CT 98-05HDP 98-
03/CDP 98-26/V 98-04
WHEREAS, Arie De Jong Jr. Family Trust, “Developer”, has filed a verifiei
application with the City of Carlsbad regarding property owned by Arie De Jong Jr. Family
Trust, “Owner”, described as
Being that portion of Lot 2 of Section 22, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City
of Carlsbad, County of San Diego, State of California
according to the official plat thereof
(“the Property”); and
WHEREAS, a Mitigated Negative Declaration was prepared in conjunction wit1
said project; and
WHEREAS, the Planning Commission did on the 17th day of March 1999 and
on the 7th day of April 1999 hold a duly noticed public hearing as prescribed by law to consida
said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the initial study, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
relating to the Mitigated Negative Declaration.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of the Mitigated Negative
according to Exhibit “ND” dated November 30, 1998, and “PII” dated October
15, 1998, and Mitigation Monitoring and Reporting Program attached hereto
and made a part hereof, based on the following findings and subject to the
following condition:
J?indm:
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2.
3.
4.
The Planning Commission of the City of Carlsbad has reviewed, analyzed and
considered the Mitigated Negative Declaration , the environmental impacts therein
identified for this project and said comments thereon, and the Mitigation Monitoring and
Reporting Program, on file in the Planning Department, prior to RECOMMENDING
APPROVAL of the project. Based on the EIA Part II and comments thereon, the
Planning Commission finds that there is no substantial evidence the project will have a
significant effect on the environment and hereby RECOMMENDS APPROVAL of the
Mitigated Negative Declaration.
The Planning Commission does hereby find that the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program have been prepared in accordance
with requirements of the California Environmental Quality Act, the State Guidelines and
the Environmental Protection Procedures of the City of Carlsbad.
The Planning Commission finds that the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program reflects the independent judgment of the
Planning Commission of the City of Carlsbad.
The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the MEIR 93-01 which are appropriate to this Subsequent
Project have been incorporated into this Subsequent Project.
Cond . . hoas:
1. The Developer shall implement, or cause the implementation of the De Jong Residential
Project Mitigation Monitoring and Reporting Program.
. . .
PC RESO NO. 4503 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of April 1999, by the
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
COURTNEY E. HEINEMAN, CHAIRPERSON
Carlsbad Planning Commission
ATTEST:
v MICHAEL J. HOLZMIffER
Planning Director
PC RESO NO. 4503 -3-
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MITIGATED NE(&TIVE DECLARATION
Project Address/Location: Northeast comer of the intersection of Black Rail Road and future
Poinsettia Lane.
Project Description: A Local Coastal Program Amendment and Zone Change to change
the land use designation for the site from Limited Control (L-C) to
One-Family Residential, 7,500 square foot minimum lot size,
Qualified Development Overlay Zone (R-1-7,500-Q) and Qpen
Space (OS) on a 33.4 acre property. Also proposed is a Tentative
Tract Map to create 28 residential lots and 2 open space lots, a
Hillside Development Permit, Coastal Development Permit and a
Variance to allow two proposed lots to exceed the maximum
panhandle length.
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the
initial study (EIA Part 2) identified potentially significant effects on the environment, but (1)
revisions in the project plans or proposals made by, or agreed to by, the applicant before the
proposed negative declaration and initial study are released for public review would avoid the
effects or mitigate the effects to a point where clearly no significant effect on the environment
would occur, and (2) there is no substantial evidence in light of the whole record before the City
that the project “as revised” may have a significant effect on the environment. Therefore, a
Mitigated Negative Declaration is hereby issued for the subject project. Justification for this
action is on file in the Planning Department.
A copy of the Mitigated Negative Declaration with supportive documents is on file in the
Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the
public are invited. Please submit comments in writing to the Planning Department within 30
days of date of issuance. If you have any questions, please call Don Neu in the Planning
Department at (760) 438-l 161, extension 4446.
DATED: NOVEMBER 30,1998
CASE NO: ZC 98-02/LCPA 98-Ol/CT 98-05/HDP 98-03/CDP 98-26/V 98-04
CASE NAME: de Jong Residential Project
PUBLISH DATE: NOVEMBER 30,1998
Planning Director
2075 Las Palmas Dr. l Carlsbad, CA 92009-l 576 - (760) 438-1161 l FAX (760) 438-0894’
ENVIRONME AL mm -PART I
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: ZC 98-02/LCPA 98-011CT 98-05/HDP 98-03/CDP 98-26/V 98-04
DATE: October 15.1998
BACKGROUND
1. . . CASE NAME: Be Jong Resldentlal Project
2. APPLICANT: Arie de Jono Jr. Fdly Trust
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 622 E. Mission Road. San Marcos. CA
92069: (7601 744-3222
4. DATE EL4 FORM PART I SUBMITTED: February 13.1998
5. PROJECT DESCRIPTION: A pronosed Local Coastal Pro~mAmendmentg~one
to change the land use desi mation for the s te from Limited Control (L-0 to One-Family
Residential. 7.500 square foot minimum lot s:ze. Qualified Development Overlay Zone <R-l-
7.500 -9) and Open Space (OS) on a 33.4 acre property. Also proposed is a Tentative Tract Map
10 create 28 residential lots and 2 oven svace lots. a Hillside Development Permit. Coastal
d ev mnP n aV’ X
pjlenrrth. lack Rai
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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.
0 Land Use and Planning [XI Transportation/Circulation 0 Public Services
0 Population and Housing [xl Biological Resources 0 Utilities & Service Systems
0 Geological Problems 0 Energy & Mineral Resources 0 Aesthetics
cl Water q Hazards q Cultural Resources
Ix] Air Quality El Noise cl Recreation
0 Mandatory Findings of Significance
1 Rev. 03/28/96
DETERMINATION.
(To be completed by the Lead Agency)
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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 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 Master Environmental
Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided
or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-Ol),
including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, a Notice of Prior Compliance has been prepared.
h Planner Signature
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Date
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2 Rev. 03/28/96
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F.NVRONMENTAL IMPACTS
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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 “EL4-Part II”, if a proposed project could have a potentially significant
effect on the environment, but fi 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. 03128196 /b
l 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.
l 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 ENVIRONMENTAI, EVAIUATION . Particular attention
should be given to discussing mitigation for impacts which would otherwise be determined
significant.
Rev. 03/28/96
Issues (and Supporting Information Sources).
I. LAND USE AND PLANNING. Would the proposal:.
a)
b)
c)
d)
e)
Conflict with general plan designation or zoning?
(Source #(s): (#l:Pgs 5.6-l - 5.6-18; #2: Pgs III-74 - III
- 87)
Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction over the
project? (#l:Pgs 5.6-l - 5.6-18; #2 Pgs HI-74 - III -87)
Be incompatible with existing land use in the vicinity?
(#l:Pgs 5.6-l - 5.6-18; #2 Pgs III -74 - HI -87)
Affect agricultural resources or operations (e.g. impacts
to soils or farmlands, or impacts from incompatible
land uses? (#l:Pgs 5.6-l - 5.6-18; #2 Pgs III-74 - III -
87) Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)? (#l:Pgs 5.6-l - 5.6-18; #2 III -
74 - III -87)
II. POPULATION AND HOUSING. Would the proposal:
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Cumulatively exceed official regional or local
population projections? (#l:Pgs 5.5-l - 5.5-6)
Induce substantial growth in an area either directly or
indirectly (e.g. through projects in an undeveloped area
or extension of major infrastructure)? (#l:Pgs 5.5-l -
5.5-6)
Displace existing housing, especially affordable
housing? (#l:Pgs 5.5-l - 5.5-6)
III. GEOLOGIC PROBLEMS. Would the proposal result in or
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f)
8)
h)
i)
expose people to potential impacts involving:
Fault rupture? (#l:Pgs 5.1-l - 5.1-15; #2: Pgs III-112 -
111-l 18; #6)
Seismic ground shaking? ((#l:Pgs 5.1-l - 5.1-15; #2:
Pgs III- 112 - III- 118; #6)
Seismic ground failure, including liquefaction?
((#l:Pgs 5.1-l - 5.1.15; #2: Pgs III-112 - 111-118; #6)
Seiche, tsunami, or volcanic hazard? (#l :Pgs 5.1-1 -
5.1-15;#2: Pgs III-1 12 - 111-118; #6)
Landslides or mudflows? (#l:Pgs 5.1-l - 5.1-15; #2:
Pgs III-1 12 - 111-l 18; #6)
Erosion, changes in topography or unstable soil
conditions from excavation, grading, or fill? (#l:Pgs
5.1-l - 5.1-15; #2: Pgs III-1 12 - III -118; #6)
Subsidence of the land? (#l:Pgs 5.1-I - 5.1-15; #2: Pgs
III-1 12 - III-1 18; #6)
Expansive soils? (#l:Pgs 5.1-l - 5.1-15; #2: Pgs III-112
- III -118; #6)
Unique geologic or physical features? (#l:Pgs 5.1-l -
5.1-15; #2 Pgs III -112 - III -118; #6)
Potentially Significant
Impact
Cl
cl
cl
cl
cl
cl
cl
cl
cl
cl
cl
cl
cl
Cl
q
Cl
cl
Potentially Significant
Unless
Mitigation
Incorporated
cl
cl
cl
cl
Cl
cl
cl
cl
cl
cl
cl
cl
cl
cl
cl
cl
cl
Less Than No
Significant Impact
Impact
cl Ixl
‘0 Ix1
cl IXI
cl Ix]
cl El
cl lxl
cl El
cl
cl
cl
Cl
cl
cl
cl
cl
cl
El
lxl
El
5 Rev. 03128196
-
Issues (and Supporting Information Sources).
IV. WATER. Would the proposal result in:
4
b)
cl
4
e)
f)
g)
h)
9
Changes in absorption rates, drainage patterns, or the
rate and amount of surface runoff? (#l:Pgs 5.2-l - 5.2-
11; #7)
Exposure of people or property to water related hazards
such as flooding? ((#l:Pgs 5.2-l - 5.2-l 1; #7)
Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved
oxygen or turbidity)? ((#l:Pgs 5.2-l - 5.2-l 1; #7)
Changes in the amount of surface water in any water
body? ((#l:Pgs 5.2-l - 5.2-l 1; #7)
Changes in currents, or the course or direction of water
movements? ((#l:Pgs 5.2-l - 5.2-11; #7)
Changes 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? ((#l:Pgs 5.2-l - 5.2-l 1; #7)
Altered direction or rate of flow of groundwater?
((#l:Pgs 5.2-l - 5.2-l 1; #7)
Impacts to groundwater quality? ((#l:Pgs 5.2-l - 5. 2-
11; #7)
Substantial reduction in the amount of groundwater
otherwise available for public water supplies? ((#l:Pgs
5.2-l - 5.2-l 1)
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an
existing or projected air quality violation? (#l :Pgs 5.3-
1 - 5.3-12)
b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-l
- 5.3-12)
c) Alter air movement, moisture, or temperature, or cause
any change in climate? ((#l:Pgs 5.3-l - 5.3-12)
d) Create objectionable odors? ((#l:Pgs 5.3-l - 5.3-12)
VI. TRANSPORTATIONICIRCULATION.
proposal result in:
Would the
a) Increased vehicle trips or traffic congestion? (#l:Pgs
5.7-l - 5.7.22; #2: Pgs III-58 - 111-69)
b) Hazards to safety from design features (e.g. sharp
curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs
III-5 8 - 111-69)
c) Inadequate emergency access or access to nearby uses?
(#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69)
d) Insufficient parking capacity on-site or off-site?
(#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69)
e) Hazards or barriers for pedestrians or bicyclists?
(#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69)
Potentially Significant Impact
q
q
q
q
q
0
q
q
q
El
q
q
q
[XI
q
q
q
q
Potentially Significant Unless Mitigation Incorporated
q
q
q
q
q
q
q
Cl
q
q
q
q
q
q
q
0
q
q
Less Than Significant Impact
cl
q
q
q
q
q
q
0
q
q
q
q
q
q
q
q
q
q
No
Impact
Ix]
lx
El
El
[XI
El
[XI
EJ
IXI
cl
[XI
[XI
[xl
[XI
6 Rev. 03128196
Issues (and Supporting Information Sources).
f) Conflicts with adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks)?
(#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - III-69)
g) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-l -
5.7.22; #2: Pgs III-58 - 111-69)
VII. BIOLOGICAL RESOURCES. Would the proposal result
a)
b)
c>
d)
e>
VIII.
a>
b)
c>
in impacts to:
Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects,
animals, and birds? (#l:Pgs 5.4-l - 5.4-24; #2: Pgs III-
37 - 111-57; #3)
Locally designated species (e.g. heritage trees)?
(#l:Pgs 5.4-l - 5.4-24; #2: Pgs III-37 - 111-57; #3)
Locally designated natural communities (e.g. oak
forest, coastal habitat, etc.)? (#l:Pgs 5.4-l - 5.4-24; #2:
Pgs III-37 - III-57; #3)
Wetland habitat (e.g. marsh, riparian and vernal pool)?
(#l:Pgs 5.4-l - 5.4-24; #2: Pgs III-37 - 111-58; #3)
Wildlife dispersal or migration corridors? (#l :Pgs 5.4- 1
- 5.4-24; #2: Pgs III-37 - III-57; #3)
ENERGY AND MINERAL RESOURCES. Would the
proposal?
Conflict with adopted energy conservation plans?
(#l:Pgs 5.12.1-l - 5.12.1-5 & 5.13-l - 5.13-9)
Use non-renewable resources in a wasteful and
inefficient manner? (#l:Pgs 5.12.1-l -5.12.1-5 & 5.13-
1 - 5.13-9)
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? (#l:Pgs 5.12.1-l - 5.12.1-5
& 5.13-I - 5.13-9)
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 orradiation)? (#l:Pgs 5.10.1-l - 5.10.1-5)
b) Possible interference with an emergency response plan
or emergency evacuation plan? (#l:Pgs 5.10.1-l -
5.10.1-5)
c) The creation of any health hazard or potential health
hazards? (#l:Pgs 5.10.1-l - 5.10.1-5; #2: Pgs III-97 -
111-105)
d) Exposure of people to existing sources of potential
health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5; #2: Pgs
III-97 - 111-105)
e) Increase fire hazard in areas with flammable brush,
grass, or trees? (#l:Pgs 5.10.1-l - 5.10.1-5)
Potentially
Significant Impact
cl
cl
cl
cl
cl
Cl
Cl
cl
cl
cl
cl
cl
q
cl
cl
Potentially Significant Unless Mitigation Incorporated
cl
cl
El
cl
IXI
cl
[XI
cl
cl
cl
cl
Cl
lxl
El
cl
Less Than
Significant
Impact
cl
cl
cl
cl
cl
0
cl
cl
cl
cl
cl
cl
0
cl
cl
No
[mpact
El
El
cl
lx
0
lxl
cl
IXI
(xl
lxl
cl
0
[XI
X. NOISE. Would the proposal result in:
7 Rev. 03128196
Issues (and Supporting Information Sources).
a) Increases in existing noise levels? (#l:Pgs 5.9-l - 5.9-
15; #2: Pgs III-88 - 111-96; #5)
b) Exposure of people to severe noise levels? (#l:Pgs 5.9-
1 - 5.9-15; #2: Pgs III-88 - III-96; #5)
XI. PUBLIC SERVICES. Would the proposal have an effect
a>
b)
cl
4
d
upon, or result in a need for new or altered government
services in any of the following areas:
Fire protection? (#l:Pgs 5.12.5-l - 5.12.5-6)
Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4)
Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5)
Maintenance of public facilities, including roads? (#l,
pgs 5.12.1-l - 5.12.8-7)
Other govermnental services? (#l:Pgs 5.12.1-1 -
5.12.8-7)
XIIUTILITIES AND SERVICES SYSTEMS. Would the
a)
b)
cl
4
e)
f?
s>
XIII.
4
b)
c)
XIV.
a>
b)
c)
4
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
Power or natural gas? (#l:Pgs 5.12.1-l - 5.12.1-5 &
5.13-l - 5.13-9)
Communications systems? (#l; pgs 5.12.1-l - 5.12.8-7)
Local or regional water treatment or distribution
facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7)
Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7)
Storm water drainage? (#l:Pg 5.2-8)
Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3)
Local or regional water supplies? (#l:Pgs 5.12.2-l -
5.12.3-7)
AESTHETICS. Would the proposal:
Affect a scenic or vista or scenic highway? (#l:Pgs
5.11-l - 5.11-5; #2: Pgs III-119 -111-151)
Have a demonstrate negative aesthetic effect? (#l:Pgs
5.1 l-l - 5.1 l-5; #2: Pgs III-1 19 - 111-151)
Create light or glare? (#l:Pgs 5.11-l - 5.11-5; #2: Pgs
III-119 - 111-151)
CULTURAL RESOURCES. Would the proposal:
Disturb paleontological resources? (#l:Pgs 5.8-l - 5.8-
10; #2: Pgs III-106 - 111-107)
Disturb archaeological resources? (#l:Pgs 5.8-l - 5.8-
10; #2: Pgs III-70 - 111-73)
Affect historical resources? (#l:Pgs 5.8-l - 5.8-10;#2:
Pgs III-70 - III-73)
Have the potential to cause a physical change which
would affect unique ethnic cultural values? (#l:Pgs
5.8-l - 5.8-10; #2: Pgs III-70 - 111-73)
Potentially Significant Impact
0
cl
Cl
cl
cl
cl
cl
cl
cl
0
cl
cl
cl
0
cl
cl
cl
cl
cl
cl
cl
Potentially Significant Unless Mitigation Incorporated
cl
El
-
cl
cl
cl
cl
cl
cl
cl
cl
cl
cl
cl
0
cl
cl
cl
1xI
cl
cl
cl
Less Than No Significant Impact Impact
cl El
cl cl
cl [XI cl [XI cl [XI cl [XI
cl El
cl
cl cl
cl cl cl cl
cl
0
cl
cl
cl
cl
cl
lxl
El Ix]
Ix] Ix] El lx
IXI
IXI
[XI
Rev. 03128196 8
Issues (and Supporting Information Sources).
e) Restrict existing religious or sacred uses within the
potential impact area? (#l:Pgs 5.8-l - 5.8-10; #2: Pgs
III-70 - 111-73)
XV. RECREATIONAL. Would the proposal:
a)
b)
XVI.
a>
b)
cl
Increase the demand for neighborhood or regional
parks or other recreational facilities? (#l :Pgs 5.12.8-I -
5.12.8-7)
Affect existing recreational opportunities? (#l :Pgs
5.12.8-l - 5.12.8-7)
MANDATORY FINDINGS OF SIGNIFICANCE.
Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
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)?
Does the project have environmental effects which will
cause the substantial adverse effects on human beings,
either directly or indirectly?
Potentially Potentially Significant Significant Impact Unless Mitigation
Incorporated
0 cl
cl cl
cl cl
cl IXI
El cl
cl El
Less Than No
Significant Impact
Impact
cl El
cl IXI
cl IXI
cl cl
cl cl
cl cl
Rev. 03128196
XVII. EARLIER ANALYSES.
Earlier analysis of this proposed single family residential project has been completed through
the General Plan Update (GPA 94-01) and related Master Environmental Impact Report (MEIR
93-01) . The MEIR is cited as source #l in the preceding checklist. This proposal is consistent
with the applicable portions of the General Plan and is considered a project that was described
in MEIR 93-01 as within its scope. All feasible mitigation measures identified in MEIR 93-01
which are appropriate to the project have been incorporated into this project.
The project site is located in an area which is subject to the requirements of the Zone 20
Specific Plan approved by the City Council in 1994. A program EIR was certified for the Zone
20 Specific Plan. The Zone 20 Program EIR identified, analyzed, and recommended mitigation
to reduce potentially significant impacts to insignificant levels. The Zone 20 Program EIR
(PEIR) analyzed potential impacts to agriculture, air quality, biology, circulation, land use,
noise, pesticide residue, paleontology, public facilities financing, soils/geology, and visual
aesthetics that could result from the development of the Specific Plan area. The Program EIR
is intended to be used in the review of subsequent projects within Zone 20. The project
incorporates the required Zone 20 Program EIR mitigation measures, and through the analysis
of the required additional biological, geotechnical, hydrology, and noise analysis a
determination has been made that no additional significant impacts beyond those identified and
mitigated by the Program EIR will result from this project. The following environmental
evaluation briefly explains the basis for this determination along with identifying the source
documents which support the environmental determination. The Zone 20 Program EIR and
additional technical studies are cited as source documents for this environmental evaluation.
10 Rev. 03128196
DISCUSSION OF ENVIRONMENTAL EVALUATION
I. PR T OJEC
The project site is approximately 33.4 acres in size and is located at the northeast comer of Black
Rail Road and future Poinsettia Lane. The project consists of 28 residential lots with a minimum
lot area of 7,500 square feet and 2 open space lots which contain a total of 22.68 acres. The site
contains coastal sage scrub, southern maritime chaparral, scrub oak chaparral, coast live oak and
areas which have been used for agriculture. The site elevation decreases from a high of
approximately 350 feet in the southwestern comer to a low of 204 feet in the canyon located in
the central portion of the north end of the site.
A total of 23.42 acres of the site are designated as Residential Low-Medium Density (RLM O-4
DU/AC) and 9.99 acres are designated as Open Space (OS) on the General Plan Land Use Map.
The project site is zoned Limited Control (L-C). A zone change and local coastal program
amendment are proposed to designate the site as One-Family Residential, 7,500 square foot
minimum lot size, Qualified Development Overlay Zone (R-l-Q) and Open Space (OS) to
correspond to the existing general plan land use designations. An irrevocable offer of dedication
will be required over the two open space lots. A portion of the residential density from these
parcels is being transferred to the area of the site which is proposed to be developed.
In addition to approval of the tentative map application a hillside development permit, coastal
development permit, and a variance application approval are being requested. The requested
variance is to exceed the maximum panhandle length for two lots caused by the location of an
existing SDG&E easement and tower. The project also includes some offsite grading for
Poinsettia Lane parallel to the southern boundary line of the site.
11 Rev. 03128196 a4
II. j$JWIRONMENTAL ANALYSIS
B. Environmental Impact Discussion
V. a) Air Quality
The implementation of projects that are consistent with and included in 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 within
the scope of 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.
VI. a) Transportation/Circulation
The implementation of projects that fall within the scope of and are included in the updated 1994
General Plan will result in increased traffic volumes. Roadway segments will be adequate to
accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely
impacted by regional through-traffic over which the City has no jurisdictional control. These
generally include all freeway interchange areas and major intersections along Carlsbad
Boulevard. Even with the implementation of roadway improvements, a number of intersections
are projected to fail the City’s adopted Growth Management performance standards at buildout.
To lessen or minimize the impact on circulation associated with General Plan buildout, numerous
mitigation measures have been recommended in the Final Master EIR. These include measures
to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop
12 Rev. 03128196
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. The
project will generate 280 average daily trips. Conditions of project approval will include
constructing a portion of Poinsettia Lane and Black Rail Road along the project frontages. The
project will generate 280 average daily trips. Conditions of project approval will include
constructing a portion of Poinsettia Lane and Black Rail Road along the project frontages.
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 projects that fall within the scope of the General Plan’s
Master EIR, including this project, therefore, no further environmental review of circulation
impacts is required.
VII. a, c. & d) Biological Resources
The Zone 20 Program EIR identified the mitigation requirement that future site specific
biological survey studies that focus on the impacts created by individual subsequent development
projects be prepared. The additional biological studies are required to consider the baseline data
and biological open space recommendations of the Zone 20 Program EIR and provide more
detailed and current resource surveys. The site specific biological survey is required to identify
mitigation for any project specific impacts.
A report titled, “Biological Resources Report and Impact Analysis for the de Jong Property, City
of Carlsbad, San Diego County, California,” dated February 11, 1998 by Dudek & Associates
has been prepared for the project. In addition, a report title, “Offsite Impacts of the Proposed de
Jong Property Development, dated July 27, 1998 has been prepared to analyze the biological
impacts of the offsite impacts associated with grading for Poinsettia Lane which are depicted on
the tentative tract map.
The biology report for the de Jong property determined that implementation of the project would
result in the direct loss of 13 acres, including impacts to the following habitat types:
n 0.0 acre of coastal sage scrub - less than significant
n 0.7 acre of southern maritime chaparral - significant
n 0.8 acre of annual non-native grassland - less than significant
n 11.5 acres of agricultural land - less than significant
In general, the proposed plan results in the preservation of 20.4 acres (61 percent), 16.7 acres of
which are native habitats, in natural open space, including 100 percent of coast live oak
woodland, coastal sage scrub, disturbed coastal sage scrub, disturbed southern maritime
13 Rev. 03/28/96
chaparral, scrub oak chaparral, valley needlegrass grassland, and 93 percent (9.8 acres) of
southern maritime chaparral. The location and configuration of the open space land is conducive
to long-term viability as it is a single, large, concentrated block of habitat linked with offsite
natural habitat. No impacts would occur to sensitive animal species. The California gnatcatcher
observed onsite within the canyon was located within the proposed large block of open space. If
the bird is resident within the property, there is adequate habitat to support it. There will be no
impact to its preferred habitat, coastal sage scrub. Because of the time of year that the survey
took place (late summer), it is likely that the birds were dispersing or roaming within the vicinity.
Coastal sage scrub habitat is located nearby both to the north and west and gnatcatcher locations
have been recorded nearby. No impacts are expected to occur to the California gnatcatcher.
Indirect impacts may result in the reduction of the carrying capacity of the native habitats,
however, the patch of habitat onsite is connected to additional habitat offsite. These indirect
impacts are considered less than significant.
The following onsite impacts associated with implementation of the proposed development plan
are considered significant:
a) Loss of 0.7 acre of southern maritime chaparral.
Although the project results in the loss of 0.7 acre of southern maritime chaparral, the project
contributes to the preservation of resources and the ultimate development of the subregional
preserve system by contributing open space, a total of 20.4 acres of predominately native
habitats.
The de Jong property is located within Preserve Planning Area 4 of the Carlsbad Draft I-IMP
which has been designated for 50 to 60 percent preservation by the.MHCP and is subject to the
project level conservation requirements outlined within the Carlsbad HMP. On a overall project-
level basis, the property is proposed to receive 61 percent preservation, with the native habitats
onsite proposed to receive approximately 97 percent preservation which far exceeds the goals set
by the MHCP. The proposed project meets the project-level conservation requirements outlined
by the Draft Carlsbad HMP: the project does not preclude the functioning of preserve linkages
due to the preserve design; over 50 percent of the southern maritime chaparral is preserved; there
is no net loss of the coast live oak riparian forest habitat, coastal sage scrub, valley needlegrass
grassland; the project has been designed to avoid and minimize impacts to sensitive habitats and
species. Thus, the proposed project is consistent with the Draft Carlsbad HMP.
satton Measura
The project design mitigates direct impacts to southern maritime chaparral and the sensitive plant
species that occur within this habitat. Included in the project design is the granting of an
irrevocable offer of dedication to the City of Carlsbad or an acceptable entity for an open
space/conservation easement over Lots Number 29 and 30 of the tentative map. This covers over
93 percent (9.8 acres) of the southern maritime chaparral on the de Jong property. This is greater
than the 2: 1 mitigation ratio that is typically required by the resource agencies for the impact of
southern maritime chaparral. The open space easement also includes the preservation of 100
percent of the De1 Mar manzanita, wart-stemmed ceanothus, summer holly, Nuttall’s scrub oak,
and California gnatcatcher occurring onsite. In addition, the following mitigation measures will
be implemented:
14 41 Rev. 03128196
h
To mitigate potential disturbances to the California gnatcatcher, the grading operations within
100 feet of the proposed open space area will be restricted during the gnatcatcher breeding
season, or from February 15 to August 30 each year, unless it can be shown through field
reconnaissance by a certified biologist that no gnatcatchers are present on the property for two
months prior to the start of grading.
The Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning
Director prior to final map approval. Prior to issuance of a building permit the Developer shall
provide the Planning Department with a recorded copy of the official CC&Rs that have been
approved by the Department of Real Estate and the Planning Director. At a minimum, the
CC&Rs shall contain the following provision:
a. The CC&Rs shall include provisions specifying maintenance responsibility for
Open Space Lot 29. The CC&&s shall stipulate that within the boundaries of the
HOA open space easement, structures or any other thing not shown on the
approved tentative map or landscape plans shall be prohibited.
The Developer shall dedicate to the Homeowner’s Association on the final map, an open space
maintenance easement over Lot 29 identified on the tentative map to enable maintenance
activities within the easement area including but not limited to, landscaping and irrigation
in accordance with the approved tentative map and landscape plans, removal of debris and
trash, minimal fire suppression thinning, and erosion prevention and remediation. A note
to this effect shall be placed on the non-mapping data sheet of the final map.
Removal of native vegetation and development of Open Space Lot(s) 29, including but not
limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other
than that approved as part of the grading plan, improvement plans, landscape plan, etc. as shown
on the project exhibits, is specifically prohibited, except upon written order of the Carlsbad Fire
Department for fire prevention purposes, or upon written approval of the Planning Director,
based upon a request from the Homeowners Association accompanied by a report from a
qualified arbor&botanist indicating the need to remove specified trees and/or plants because of
disease or impending danger to adjacent habitable dwelling units. For areas containing native
vegetation the report required to accompany the request shall be prepared by a qualified
biologist.
Offsite Irnpj~&
The letter quantifying the impacts that will occur as part of the construction of the offsite portion
of Poinsettia Lane, a major circulation element roadway indicates that there are two vegetation
communities present within the area proposed to be impacted. They are disturbed habitat and
southern maritime chaparral. A total of 0.18 acre of southern maritime chaparral is located at the
eastern edge of the offsite impact area. The remaining 2.7 acres of offsite area to be impacted is
disturbed habitat. This refers to areas that lack vegetation entirely. One species of plant listed as
endangered by the California Department of Fish and Game (CDFG) and proposed for listing as
endangered by the U.S. Fish and Wildlife Service (USFWS) was detected within the offsite
impact area: De1 Mar manzanita (Arctostaphylos glandulosa ssp. Crassifolia).
15 Rev. 03128196 18
Implementation of the proposed project would result in the direct loss of 2.88 acres of offsite
area including impacts to the following habitat types:
n 2.70 acres of disturbed habitat - - less than significant.
n 0.18 acre of southern maritime chaparral - significant.
In addition, implementation of the proposed project would result in the direct loss of the
following sensitive plant species:
n 6 individuals of De1 Mar manzanita - significant.
The impact to the southern maritime chaparral vegetation community and the De1 Mar manzanita
require mitigation.
. . . Offsite Mitigation m
The de Jong project includes in the project design the granting of an irrevocable offer of
dedication for an open space easement over 93 percent (9.8 acres) of the southern maritime
chaparral on the property. The onsite impact to southern maritime chaparral is 0.7 acre. When
combined with the offsite impact, the total impact to this sensitive habitat type due to the project
is 0.88 acre. The onsite preservation is greater than the 2:l mitigation ratio that is typically
required by the resource agencies for the impact of southern maritime chaparral. With the
preservation of 9.8 acres onsite, the impact to southern maritime chaparral is fully mitigated.
The open space easement also includes the preservation of 100 percent of the De1 Mar manzanita
(the current focused survey indicates 21 individuals are present within the property; 27
individuals present in total), as well as wart-stemmed ceanothus, summer holly, and Nuttal’s
scrub oak. Thus the impact to De1 Mar manzanita fi-om the offsite road impacts is fully mitigated
by the preservation of 78% of the De1 Mar manzanita present within the property and the offsite
areas combined and the large patch of southern maritime chaparral onsite.
IX. c) and d) Hazards
Agricultural chemicals have previously been used on the site according to the Zone 20 Program
EIR. Because of this prior use there is the potential for soil contamination resulting from the
varying degrees of degradation, prevalence in the environment, and toxicity of the agricultural
chemicals which may have been used. The following mitigation measures shall be implemented
to lessen this potential impact to a level of less than significant as required by the Zone 20
Program EIR:
1) Prior to approval of the final map or grading plan a detailed soils testing and analysis
report shall be prepared by a registered soils engineer, and submitted to the City Planning
and Engineering Departments as well as the County Department of Environmental Health
for review and approval. This report shall evaluate the potential for soil contamination
on-site due to historic use, handling, or storage of restricted agricultural chemicals. The
report shall also identify a range of possible mitigation measures to remediate any
potentially significant public health impacts if hazardous chemicals are detected at high
concentrations in the soil. Such mitigation measures shall include, at a minimum:
a. Remove any contaminated soils and haul to a State-certified landfill.
16 Rev. 03128196
b. Cap the area of soil contamination with materials appropriate for the containment
of the specific type of chemical, taking into account its rate of absorption and
toxicity level.
C. Place the area of soil contamination in an open space easement, with restrictions
on future construction of permanent buildings and human uses. Fencing and
warning signs shall also be installed, where appropriate, prohibiting potential use
of the site.
2) The applicant shall notify, in a manner satisfactory to the City Attorney, all tenants/users
of new development that these areas are subject to dust, pesticides, and odors associated
with adjacent agricultural operations, and that the tenants/users occupy these areas at their
own risk.
X. b) Noise
A noise study was prepared for the project as required by a mitigation measure identified in the
Zone 20 program EIR. All projects located within 500 feet of existing/future Poinsettia Lane are
required to analyze the projected traffic noise impacts. The acoustical evaluation prepared for
the project by Ogden Environmental and Energy Services concluded the following:
1) No ground floor receptors were found to be exposed to future traffic noise in excess .of
the prescribed 60 dBA CNEL level set by the City. As a result of this finding, no ground-
level exterior mitigation is required (e.g., noise walls).
2) The second floor noise for Lots # 1, 2, 3, and 8 were found to be in excess of the
prescribed 60 dBA CNEL level and would require an interior noise analysis in
accordance with CCR Title 24 to limit interior noise levels to 45 dBA CNEL.
3) No lots within the property boundaries were found to be within the 60+ dBA CNEL
aircraft noise contours for the McClellan-Palomar Airport.
The following noise mitigation measures are required for the project:
1) The second floor noise for Lots # 1, 2, 3, and 8 were found to be in excess of the
prescribed 60 dBA CNEL level and would require an interior noise analysis in
accordance with CCR Title 24 to limit interior noise levels to 45 dBA CNEL. Prior to
the issuance of a building permit for Lots # 1, 2, 3, and 8 the applicant shall submit a
copy of the required interior noise analysis documenting what construction materials or
measures must be utilized to meet the required interior noise levels. In addition a letter
signed by the acoustician and the project architect and containing the project architect’s
registration stamp shall be submitted prior to the issuance of a building permit certifying
that the recommendations of the interior noise analysis have been incorporated into the
building plans.
2) Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the proposed or existing Transportation Corridor, in
17 Rev. 03/28/96 30
a form meeting the approval of the Planning Director and City Attorney (see Noise Form
#l on file in the Planning Department).
3) Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).
XIV. a) Cultural Resources - Paleontology
According to the Zone 20 Program EIR the geologic formations present within the Zone 20
Specific Plan Area have the potential to contain significant fossils. There is a high potential for
the discovery of fossils during future grading and construction activities. The following
mitigation measures shall be implemented during future grading of the site to reduce potentially
significant impacts on the region’s paleontological resources to an acceptable level:
a. 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;
b. 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;
C. 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;
d. 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;
e. Any conflicts regarding the role of the paleontologist and the grading activities of
the project shall be resolved by the Planning Director and City Engineer.
III. EARLIER ANALYSES USED
The following documents were used in the analysis of this project and are on file in the City of
Carlsbad Planning Department located at 2075 Las Palmas Drive, Carlsbad, California, 92009,
(760) 438-l 161, extension 4446.
1. “Final Master Environmental Impact Report for the City of Carlsbad General Plan
Update” (MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department.
18 Rev. 03/28/96
2. “Final Program Environmental Impact Report for the Zone 20 Specific Plan” (EIR 90-
03), dated June 1992, Brian F. Mooney Associates.
3. “Biological Resources Report and Impact Analysis for the de Jong Property, City of
Carlsbad, San Diego County, California”, dated February 11, 1998, Dudek & Associates,
IIlC.
4. “Offsite Impacts of the Proposed de Jong Property Development, dated July 27, 1998,
Dudek & Associates, Inc.
5. “Acoustical Evaluation Study - de Jong Property” , dated February 18, 1998, Ogden
Environmental and Energy Services.
6. “Report of Preliminary Geotechnical Investigation - de Jong Property” (Job No. 97-
7157), dated January 12, 1998, Geotechnical Exploration, Inc.
7. “Hydrology Study for de Jong Property in the City of Carlsbad” (W.O. 2074-l), Revised
July 30, 1998, Hunsaker & Associates, Inc.
19 Rev. 03/28/96 31
PLICAE3I X)
1. The project design mitigates direct impacts to southern maritime chaparral and the
sensitive plant species that occur within this habitat. Included in the project design is the
granting of an irrevocable offer of dedication to the City of Carlsbad or an acceptable
entity for an open space/conservation easement over Lots Number 29 and 30 of the
tentative map. This covers over 93 percent (9.8 acres) of the southern maritime chaparral
on the de Jong property. This is greater than the 2:l mitigation ratio that is typically
required by the resource agencies for the impact of southern maritime chaparral. The
open space easement also includes the preservation of 100 percent of the De1 Mar
manzanita, wart-stemmed ceanothus, summer holly, Nuttall’s scrub oak, and California
gnatcatcher occurring onsite.
2. The de Jong project includes in the project design the granting of an irrevocable offer of
dedication for an open space easement over 93 percent (9.8 acres) of the southern
maritime chaparral on the property. The onsite impact to southern maritime chaparral is
0.7 acre. When combined with the offsite impact, the total impact to this sensitive habitat
type due to the project is 0.88 acre. The onsite preservation is greater than the 2:l
mitigation ratio that is typically required by the resource agencies for the impact of
southern maritime chaparral. With the preservation of 9.8 acres onsite, the impact to
southern maritime chaparral is fully mitigated. The open space easement also includes
the preservation of 100 percent of the De1 Mar manzanita (the current focused survey
indicates 21 individuals are present within the property; 27 individuals present in total),
as well as wart-stemmed ceanothus, summer holly, and Nuttal’s scrub oak. Thus the
impact to De1 Mar manzanita from the offsite road impacts is fully mitigated by the
preservation of 78% of the De1 Mar manzanita present within the property and the offsite
areas combined and the large patch of southern maritime chaparral onsite.
3. To mitigate potential disturbances to the California gnatcatcher, the grading operations
within 100 feet of the proposed open space area will be restricted during the gnatcatcher
breeding season, or from February 15 to August 30 each year, unless it can be shown
through field reconnaissance by a certified biologist that no gnatcatchers are present on
the property for two months prior to the start of grading.
4. The Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provision:
a. The CC&Rs shall include provisions specifying maintenance responsibility for
Open Space Lot 29. The CC&Rs shall stipulate that within the boundaries of the
HOA open space easement, structures or any other thing not shown on the
approved tentative map or landscape plans shall be prohibited.
5. The Developer shall dedicate to the Homeowner’s Association on the final map, an
open space maintenance easement over Lot 29 identified on the tentative map to
enable maintenance activities within the easement area including but not limited to,
20 Rev. 03/28/96 33
6.
7.
landscaping and irrigation in accordance with the approved tentative map and
landscape plans, removal of debris and trash, minimal fire suppression thinning,
and erosion prevention and remediation. A note to this effect shall be placed on the
non-mapping data sheet of the final map.
Removal of native vegetation and development of Open Space Lot(s) 29, including but
not limited to fences, walls, decks, storage buildings, pools, spas, stairways and
landscaping, other than that approved as part of the grading plan, improvement plans,
landscape plan, etc. as shown on the project exhibits, is specifically prohibited, except
upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon
written approval of the Planning Director, based upon a request from the Homeowners
Association accompanied by a report from a qualified arbor&/botanist indicating the
need to remove specified trees and/or plants because of disease or impending danger to
adjacent habitable dwelling units. For areas containing native vegetation the report
required to accompany the request shall be prepared by a qualified biologist.
Prior to approval of the final map or grading plan a detailed soils testing and analysis
report shall be prepared by a registered soils engineer, and submitted to the City Planning
and Engineering Departments as well as the County Department of Environmental Health
for review and approval. This report shall evaluate the potential for soil contamination
on-site due to historic use, handling, or storage of restricted agricultural chemicals. The
report shall also identify a range of possible mitigation measures to remediate any
potentially significant public health impacts if hazardous chemicals are detected at high
concentrations in the soil. Such mitigation measures shall include, at a minimum:
a. Remove any contaminated soils and haul to a State-certified landfill.
b. Cap the area of soil contamination with materials appropriate for the containment
of the specific type of chemical, taking into account its rate of absorption and
toxicity level.
C. Place the area of soil contamination in an open space easement, with restrictions
on future construction of permanent buildings and human uses. Fencing and
warning signs shall also be installed, where appropriate, prohibiting potential use
of the site.
8. The applicant shall notify, in a manner satisfactory to the City Attorney, all tenants/users
of new development that these areas are subject to dust, pesticides, and odors associated
with adjacent agricultural operations, and that the tenants/users occupy these areas at their
own risk.
9. The second floor noise for Lots # 1, 2, 3, and 8 were found to be in excess of the
prescribed 60 dBA CNEL level and would require an interior noise analysis in
accordance with CCR Title 24 to limit interior noise levels to 45 dRA CNEL. Prior to
the issuance of a building permit for Lots # 1, 2, 3, and 8 the applicant shall submit a
copy of the required interior noise analysis documenting what construction materials or
measures must be utilized to meet the required interior noise levels. In addition a letter
signed by the acoustician and the project architect and containing the project architect’s
registration stamp shall be submitted prior to the issuance of a building permit certitiying
21 Rev. 03/28/96 34
10.
11.
12.
- A
that the recommendations of the interior noise analysis have been incorporated into the
building plans.
Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the proposed or existing Transportation Corridor, in
a form meeting the approval of the Planning Director and City Attorney (see Noise Form
#l on file in the Planning Department).
Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on tile in the Planning Department).
a. 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;
b. 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 tine screens. The paleontologist shall make
periodic reports to the Planning Director during the grading process;
C. 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;
d. 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;
e. Any conflicts regarding the role of the paleontologist and the grading activities of
the project shall be resolved by the Planning Director and City Engineer.
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICARJ SE)
22 Rev. 03128f96 35
PLIcfibi’T 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. ’
//L /pv-- jw
Date I
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Rev. 03/28/96 3L
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PLANNING COMMISSION RESOLUTION NO. 4504
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM L-C TO R-1-7,500-
Q AND OS ON PROPERTY GENERALLY LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF BLACK
RAIL ROAD AND FUTURE POINSETTIA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: DE JONG RESIDENTIAL PROJECT
CASE NO: ZC 98-02
WHEREAS, Arie De Jong, Jr. Family Trust, “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Arie De Jong, Jr. Family
Trust, “Owner”, described as
Being that portion of Lot 2 of Section 22, Township 12 South,
Range 4 West, San Bernardino Base and Meridan, in the City
of Carlsbad, County of San Diego, State of California
according to the offkial plat thereof
(“the Property”); and
WHEREAS, said application constitutes a request for a Zone Change as shown on
Exhibit “AA” dated March 17, 1999, attached hereto and made a part hereof, DE JONG
RESIDENTIAL PROJECT - ZC 98-02 as provided by Chapter 21.52 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of March, 1999 and
on the 7th day of April, 1999, hold a duly noticed public hearing as prescribed by law to
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
II Commission as follows:
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4 That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
COMMENDS APPROVAL of DE JONG RESIDENTIAL PROJECT -
ZC 98-02 based on the following findings and subject to the following condition:
Findins:
1. That the proposed Zone Change from Limited Control (L-C) to One-Family
Residential, 7,500 square foot minimum lot size, Qualified Development Overlay
Zone (R-1-7,500-Q) and Open Space (OS) is consistent with the goals and policies of
the various elements of the General Plan, in that the proposed zones replace the L-C
Zone which is intended to be an interim zone and are consistent with the
designations required for the property by the Zone 20 Specific Plan which was
found to be consistent with the General Plan. The proposed open space designation
implements various goals and policies of the Open Space and Conservation Element
concerning protection of environmental resources.
2. That the Zone Change will provide consistency between the General Plan and Zoning as
mandated by California State law and the City of Carlsbad General Plan Land Use
Element, in that the zoning designations shown on Exhibit “AA” implement the
existing RLM and OS General Plan Land Use Designations.
3. The residential uses allowed by the proposed zone change are compatible with
surrounding and future residential and agricultural uses.
4. The Q-Overlay Zone, made a part of the proposed zone change, provides the City
with discretionary review over the placement of the residential units to assure that
they conform to all applicable regulations.
. . Condrttons . .
1. Approval of ZC 98-02 is granted subject to the approval of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program and LCPA 98-01.
ZC 98-02 is subject to all conditions contained in the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and LCPA 98-01.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
PC PESO NO. 4504 -2- 4-9
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follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 7th day of April 1999, by the following vote, to
wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HcLZtiLER
Planning Director
PC RESO NO. 4504 -3- $ 5
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PLANNING COMMISSION RESOLUTION NO. 4505
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
LOCAL COASTAL PROGRAM TO BRING THE
DESIGNATIONS ON THE LOCAL COASTAL PROGRAM,
GENERAL PLAN, AND ZONING MAP INTO
CONFORMANCE ON PROPERTY LOCATED AT THE
NORTHEAST CORNER OF BLACK RAIL ROAD AND
FUTURE POINSETTIA LANE.
CASE NAME: DE JONG RESIDENTIAL PROJECT
CASE NO: LCPA 98-01
WHEREAS, California State law requires that the Local Coastal Program,
General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and
WHEREAS, Arie De Jong, Jr. Family Trust, “Developer”, has filed a verified
application for an amendment to the Local Coastal Program designations regarding property
owned by Arie De Jong, Jr. Family Trust, “Owner”, described as
Being that portion of Lot 2 of Section 22, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City
of Carlsbad, County of San Diego, State of California
according to the official plat thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit(s) “LCPA 98-01” according to Exhibit LCPA 9%
01 attached to Planning Commission Resolution No. 4505, dated April 7,1999 as provided in
Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of
Title 14 of the California Code of Regulations of the California Coastal Commission
Administrative Regulations; and
WHEREAS, the Planning Commission did on the 17th day of March 1999 and
on the 7th day of April 1999, hold a duly noticed public hearing as prescribed by law to consider
said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Local Coastal Program Amendment.
WHEREAS, State Coastal Guidelines requires a six week public review period for
6 any amendment to the Local Coastal Program.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad, as follows:
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B)
That the foregoing recitations are true and correct.
At the end of the State mandated six week review period, starting on January 21,
1999, and ending on March 4, 1999, staff shall present to the City Council a
summary of the comments received.
c> That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of DE JONG RESIDENTIAL PROJECT -
LCPA 98-01 based on the following findings, and subject to the following
conditions:
lfj
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1. That the proposed Local Coastal Program Amendment is consistent with all applicable
policies of the Mello II segment of the Carlsbad Local Coastal Program, in that areas of
steep slopes containing sensitive habitat will be designated as open space and be
preserved thereby complying with policies regarding the preservation of steep
slopes.
2. That the proposed amendment to the -Mello II segment of the Carlsbad Local Coastal
Program is required to bring the designations of the City’ General Plan Land Use
Map, Zoning Map (as amended), and Mello II Land Use Plan into conformance.
23 . .
/I CondltlonS
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1. Approval of LCPA 98-01 is granted subject to the approval of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program and ZC 98-02.
LCPA 98-01 is subject to all conditions contained in the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program and ZC 98-02.
II PC RESO NO. 4505
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 7th day of April 1999, by the following vote, to
wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4505 -3- 48
LOCAL COASTAL PROGRAM LCPA: 98-O 1
draft q final 0
Project Name:Dejong Residential Project 1 Related Case File No(s):
Property/Legal Description(s): Being a portion of Lot 2 of ZC 98-02KT 98-OUHDP 98-03/CDP 98-26/V 98-04
Section 22, Township 12 South, Range 4 West, San
Bernardino Base and Meridian, in the City of Carlsbad,
County of San Diego, State of California according to the
official plat thereof.
LCPA Map Designation Change Approvals
Property From: To: Council Approval Date:
A. 215-080-31 L-C R-l -7,500-Q & OS Resolution No:
B. Effective Date:
C. Signature:
D.
Attach additional pages if necessary
.
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- -
PLANNING COMMISSION RESOLUTION NO. 4506
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 98-05 TO
SUBDIVIDE 33.4 ACRES INTO 30 LOTS ON PROPERTY
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
THE INTERSECTION OF BLACK RAIL ROAD AND FUTURE
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 20
CASE NAME: DE JONG RESIDENTIAL PROJECT
CASE NO.: CT 98-05
WHEREAS, Arie De Jong, Jr. Family Trust, “Developer”, has filed a
verified application with the City of Carlsbad regarding property owned by Arie De Jong, Jr.
Family Trust, “Owner”, described as
Being that portion of Lot 2 of Section 22, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City
of Carlsbad, County of San Diego, State of California
according to the official plat thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit(s) “A”- “X” dated March 17, 1999, on file in the Planning
Department DE JONG RESIDENTIAL PROJECT - CT 98-05, as provided by Title 20 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of March 1999 and
on the 7th day of April 1999 hold a duly noticed public hearing as prescribed by law to consider
said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
COMMENDS APPROVAL of DE JONG RESIDENTIAL PROJECT, CT
98-05, based on the following findings and subject to the following conditions:
Findings:
1. X That the proposed map and the proposed design and improvement of the subdivision as
condition, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the lots
being created satisfy all minimum requirements of Title 20 governing lot sizes and
conilguration and have been designed to comply with all other applicable City
regulations except for the maximum panhandle length for Lots 27 and 28 for which
a variance is concurrently recommended for approval.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties to the south and west are designated for single family
residential development on the General Plan, in that they are designated as RLM
(Low-Medium Density Residential). Property to the north contains native habitat.
The adjacent property to the east will be developed as a City park and is designated
as OS. The open space on-site provides an adequate buffer from the park site.
3. That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project site can accommodate the proposed residential
development while providing all required setbacks and other amenities required by
the applicable City regulations.
4. That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that prior to recordation of the final map the developer will vacate and adjust any
easements that conflict with proposed development.
5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the proposed
development will consist of single family residences with adequate separation to
provide residents with adequate air circulation within and surrounding any future
residential units.
PC RESO NO. 4506 -2- 5-1
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7. That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project is conditioned to include biological mitigation measures
addressing the preservation of the resources on the site prior to approval of a final
map.
9. That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management practices for water quality
protection in accordance with the City’s sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elmination
System (NPDES) requirements.
10. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the following:
a.
b.
C.
d.
e.
f.
Land Use- The project is consistent with the City’s General Plan since the
proposed density of 1.8 du/acre is within the density range of O-4 du/acre
specified for the site as indicated on the Land Use Element of the General Plan,
and is at or below the growth control point of 3.2 du/acre.
Circulation - The circulation system is designed to provide adequate access to
the proposed lots and complies with all applicable City design standards.
Noise - The proposed residential project has been conditioned to include
construction methods and ventilation systems on designated units in order to
meet required interior noise levels at second story locations.
Housing - That the project is consistent with the Housing Element of the
General Plan and the Inclusionary Housing Ordinance as the Developer has
been conditioned to enter into an Affordable housing Agreement to purchase
4.2 affordable housing credits in Villa Loma.
Open Space and Conservation - The proposed project will provide 23.18 acres
of open space within two open space lots to preserve areas containing
sensitive habitat. The project will also provide a 20 foot trail easement and
construction of a portion of Trail Segment No. 30.
Public Safety - The project includes fire suppression zones to reduce the
potential for structures to be lost as a result of a fire within open space Lot
29.
PC RESO NO. 4506 -3-
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11. The project is consistent with the City-Wide Facilities and Improvements Plan, the
applicable local facilities management plan, and all City public facility policies and
ordinances since:
a. The project has been conditioned to ensure that the final map will not be approved
unless the City Council finds that sewer service is available to serve the project.
In addition, the project is conditioned such that a note shall be placed on the final
map that building permits may 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 District
Engineer 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.
b. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
C. Park-in-lieu fees are required as a condition of approval.
d. All necessary public improvements have been provided or are required as
conditions of approval.
e. The developer 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.
12. The project has been .conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 20.
14. That the property cannot be served adequately with a public street without panhandle lots
due to unfavorable conditions resulting from unusual topography, surrounding land
development, or lot configuration, in that the areas immediately surrounding the
proposed panhandle lots contain sensitive habitat and significant fill would also be
required based on the existing topography. The use of panhandle lots to provide
access to this developable area is the most environmentally sensitive way of
providing access.
15. That subdivision with panhandle lots will not preclude or adversely affect the ability to
provide full public street access to other properties within the same block of the subject
property, in that access will not be precluded to adjacent properties as they either
currently have access or are steep slopes containing sensitive vegetation and will not
be developed.
PC RESO NO. 4506 -4- s3
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16.
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18.
That the buildable portion of the lot consists of an area of 8,000 square feet, which
meets the requirements of Section 21 .l O.O8O(d)( 1) of the Carlsbad Municipal Code;
That the front, sides, and rear property lines, for purposes of determining required yards,
are as shown on Exhibit ‘Y” labeled De Jong Property Panhandle Lot Setback
Exhibit, attached hereto and on file in the Planning Department.
That this project could have a potentially significant negative cumulative traffic impact
on the Palomar Airport Road/El Camino Real intersection. However, this project has
been conditioned to pay its fair share of the “short-term improvements” thereby,
guaranteeing implementation of a mitigation measure that reduces the potential impact to
a level of insignificance.
Planniw Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Tentative Tract Map document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
3 The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
. . Maps and F&&&
4. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the
Tentative Map as approved by the final decision making body. 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.
5. The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of the approving (resolution(s)) 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.
PC RESO NO. 4506 -5- Es-7
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Facilities and Services
6.
7.
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9.
10.
11.
The final map shall not be approved unless the City Council finds as of the time of such
approval that sewer service is available to serve the subdivision.
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. A note
to this effect shall be placed on the final map.
The Developer shall pay the public facilities fee adopted by the City Council on July 28,
1987, (amended July 2, 1991) 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 developer’s/subdivider’s agreement to pay the
public facilities fee dated February 11, 1998, 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.
Prior to the issuance of a building permit, the developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
The developer shall post a sign in the sales office in a prominent location that discloses
which special districts and school district provide service to the project. Said sign shall
remain posted until ALL of the units are sold.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 20 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
. . General Condrtrons
12. 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 residential
housing project are challenged this approval shall be suspended as provided in
Government Code Section 66020. If any such condition is determined to be invalid this
approval shall be invalid unless the City Council determines that the project without the
condition complies with all requirements of law.
13. Approval of CT 98-05 is granted subject to the approval of ZC 98-02, LCPA 98-01,
HDP 98-03, CDP 98-26, V 98-04 and the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program. CT 98-05 is subject to all conditions
contained in the Planning Commission Resolutions for ZC 98-02, LCPA 98-01, HDP
98-03, CDP 98-26, V 98-04 and the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program.
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14. The Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&&s that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
b. Failure of Association to Maintain Common Area J,ots and Easements. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Association, with a copy thereof to the Owners in the Project,
setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
(30) days from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association’s
Easements within the period specified by the City’s notice, the City shall be
entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
C. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
or Association’s Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails to
pay such invoice in full within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay such invoice in full
within the period specified, payment shall be deemed delinquent and shall be
subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter the City may pursue collection from the Association by
means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available
to the City, the City may levy a special assessment against the Owners of each Lot
in the Project for an equal prorata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing
lien upon each Lot against which the special assessment is levied. Each Owner in
the Project hereby vests the City with the right and power to levy such special
assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and
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15.
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his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
d. The required items listed in the Mitigation Monitoring and Reporting Program for
the project.
Prior to the approval of the final map, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, 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 Tract Map, Hillside Development Permit,
Coastal Development Permit, and Variance by Resolutions No. 4506,4507,4508 and
4509 on the real property owned by the Developer. Said Notice of Restriction shall note
the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in
the Notice of Restriction. The Planning Director has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
16. This approval shall be null and void if the project site subject to this approval is not
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall
not issue any grading, building, or other permit, until the annexation is completed. The
City Manager is authorized to extend the 60 days, for a period not to exceed an
additional 180 days for a total of 240 days from the date of City Council approval,
upon a showing of good cause.
17. The Developer shall provide a minimum of 25 percent of the lots with adequate sideyard
area for Recreational Vehicle storage pursuant to City Standards. The CC&Rs shall
prohibit the storage of recreational vehicles in the required front yard setback.
Landscv
18. The Developer shall prepare a detailed landscape and irrigation plan in conformance with
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans
shall be submitted to and approval obtained from the Planning Director prior to the
approval of the final map, grading permit, or building permit, whichever occurs first. The
Developer shall construct and install all landscaping as shown on the approved plans, and
maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and
debris.
19. The first submittal of detailed landscape and irrigation plans shall be accompanied by the
project’s building, improvement, and grading plans.
20. Prior to approval of the final map, the Developer shall be required: 1) to consult with the
United States Fish and Wildlife Service (USFWS) regarding the impact of the project on
the Coastal California Gnatcatcher; and, 2) obtain any permits required by the USWFS.
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II 21. The Developer shall implement, or cause the implementation of, the Dejong Residential
Project Mitigation Monitoring and Reporting Program.
22. Prior to the approval of the final map for any phase of this project, the Developer shall
enter into an Affordable Housing Agreement with the City to purchase 4.2 affordable
housing credits in the Villa Loma housing project, in accordance with the
requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The
draft Affordable Housing Agreement shall be submitted to the Planning Director no later
than 90 days after the California Coastal Commission action on the project. The
recorded Affordable Housing Agreement shall be binding on all future owners and
successors in interest.
23. The Developer shall dedicate on the final map, an open space easement for those portions
of lots 29 and 30 which are (in slopes, wetlands, coastal sage scrub or other constrained
land plus all other lands set aside as part of the Citywide Open Space System) in their
entirety to prohibit any encroachment or development, including but not limited to
fences, walls, decks, storage buildings, pools, spas, stairways and landscaping other than
that approved as part of (the grading plan, improvement plans, biological revegetation
program, landscape plan, etc.) as shown on Exhibit “A’‘-“Xn, dated March 17’1999.
24. Removal of native vegetation and development of. Open Space Lot(s) 29 and 30,
including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways
and landscaping, other than that approved as part of (the grading plan, improvement
plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit “A,,-
“X”, dated March 17, 1999, is specifically prohibited, except upon written order of the
Carlsbad Fire Department for fire prevention purposes, or upon written approval of the
Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a
request from the Homeowners Association accompanied by a report from a qualified
arbor&/botanist indicating the need to remove specified trees and/or plants because of
disease or impending danger to adjacent habitable dwelling units. For areas containing
native vegetation the report required to accompany the request shall be prepared by a
qualified biologist.
25. Prior to approval of the final map, the Developer shall provide an irrevocable offer of
dedication to the City of Carlsbad for a trail easement for trail(s) shown on the (i.e.
tentative ma.p) within Open Space Lot(s) 30. If the City of Carlsbad accepts dedication
of the trail easement, the trail shall be constructed as a public trail and will be the
maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad
does not accept dedication of the trail easement, the trail shall still be constructed but it
shall be constructed as a private trail and shall be the maintenance and liability
responsibility of the Homeowners Association.
26. The Developer shall pay his fair share for the “short-term improvements to the El
Camino ReaUPalomar Airport Road intersection prior to approval of the final map
or the issuance of a grading permit, whichever occurs first. The amount shall be
determined by the methodology ultimately selected by Council, including but not
limited to, an increase in the city-wide traffic impact fee; an increased or new Zone II PC RESO NO. 4506 3-g
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20 LFMP fee, the creation of a fee or assessment district; or incorporation into a
Mello-Roos taxing district.
. . Fngineeriw Condltlons, .
NOTE: Unless specifically stated in the condition, all of the following engineering
conditions upon the approval of this proposed major subdivision must be met
prior to approval of a final map.
27.
28.
29.
30.
31.
32.
Prior to issuance of any building permit, the developer shall comply with the
requirements of the City’s anti-graffiti program for wall treatments if and when such a
program is formerly established by the City.
There shall be one final subdivision map recorded for this project.
All concrete terrace drains shall be maintained by the homeowner’s association (if on
commonly owned property) or the individual property owner (if on an individually
owned lot). An appropriately worded statement clearly identifying the responsibility
shall be placed in the CC&Rs (if maintained by the Association) and on the Final Map.
The developer 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.
Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shall comply with all conditions and
requirements the City Engineer may impose with regards to the hauling operation.
The developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards and shall record the following statement on the Final Map
(and in the CC&Rs if applicable).
“No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as a sight distance corridor in accordance with City Standard Public Street-Design
Criteria, Section 8.B.3. The underlying property owner shall maintain this
condition.”
Fees/e
33. The developer shall pay all current fees and deposits required.
34. The owner of the subject property shall execute an agreement holding the City harmless
regarding drainage across the adjacent property.
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35. The owner shall execute a hold harmless agreement for geologic failure.
36. Prior to approval of any grading or building permits for this project, the owner shall give
written consent to the annexation of the area shown within the boundaries of the
subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 on a form provided by the City.
37. This project is within the proposed boundary of the Aviara Parkway - Poinsettia Lane
Bridge and Thoroughfare Fee District #2. This project is required to pay a fair share
contribution towards the construction of Aviara Parkway - Poinsettia Lane in
accordance with the fee program.
. raent Agreements
38. The developer may enter into a reimbursement agreement with the City for right of
way dedication and for required improvements to Poinsettia Lane as identified in
the Aviara Parkway - Poinsettia Lane Bridge And Thoroughfare District Number 2.
If the agreement is entered into, it must be approved prior to dedication of right of
way and prior to the beginning of construction.
Grading
39. 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. The preliminary soils report
has identified debris, old cars and trash to be removed and disposed of offsite. The
grading plans for this project shall reflect the areas of removal and shall conform to
the recommendations contained in the Preliminary Geotechnical Investigation dated
January 12,1998.
40. Prior to the issuance of a grading permit or building permit, whichever occurs first, the
developer shall submit proof that a Notice of Intention has been submitted to the State
Water Resources Control Board.
41. Upon completion of grading, the developer shall ensure that an “as-graded” geologic plan
is submitted to the City Engineer. The plan shall clearly show all the geology as exposed
by the grading operation, all geologic corrective measures as actually constructed and
must be based on a contour map which represents both the pre and post site grading. This
plan shall be signed by both the soils engineer and the engineering geologist. The plan
shall be prepared on a 24” x 36” mylar or similar drafting film and shall become a
permanent record.
. . rcattons/ImDrovemel
42. Additional drainage easements may be required. Drainage structures shall be provided or
installed prior to or concurrent with any grading or building permit as may be required by
the City Engineer.
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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 full width of Poinsettia Lane shall be dedicated by the owner along the project
frontage based on a center line to right-of-way width of 51’ feet and in conformance with
City of Carlsbad Standards.
Black Rail Road shall be dedicated by the owner along the project frontage based on a
center line to right-of-way width of 30’ feet and in conformance with City of Carlsbad
Standards.
46. Direct access rights for all lots abutting Poinsettia Lane shall be waived on the final map.
The only exception to this condition is the access to SDG&E facilities and to any
public trail system.
Direct access rights for lots 1 and 20 to Black Rail Road shall be waived on the final
map.
48. 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 notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. 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.
C. Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
49. Plans, specifications, and supporting documents for all public improvements shall be
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prepared to the satisfaction of the City Engineer. In accordance with City Standards, the
developer 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:
ON-SITE IMPROVEMENTS, .
A.
B.
C.
D.
Poinsettia Lane full half width improvements (as a 102’ major arterial)
within the boundary of this subdivision. Improvements to include but not be
limited to full width grading and drainage improvements, A.C. paving &
base, curb, gutter & sidewalk, public utilities, median hardscape, irrigation,
and landscaping within this arterial roadway.
Black Rail Road full half width improvements (as a 60’ local street) along the
frontage of this project. Improvements include but are not limited to grading,
curb, gutter & sidewalk, A.C. paving & base, irrigation, landscaping and
public utilities within this roadway.
Sewer, Water and Storm Drains onsite and offsite to serve this subdivision as
required and as shown on the tentative map.
Check Dams downstream of drainage outlets across open space lot 29 as
shown on the tentative map and as required downstream to control erosive
velocity of drainage. Location and design of these check dams to be
determined in final design of this project, subject to the approval of the City
Engineer.
OFF-SITE IMPROVEMENTS:
E. The fully improved median portion of Poinsettia Lane, a 102’ wide major
arterial plus an 18 foot wide lane. The offsite improvement of Poinsettia Lane
shall include but not be limited to full width grading, transitions, AC berms,
drainage facilities, and median curbs as identified in the Aviara Parkway -
Poinsettia Lane Bridge and Thoroughfare District Number 2.
F. Offsite transitions and/or reconstruction may be required for Black Rail
Road and for Poinsettia Lane to provide a smooth transition to the
satisfaction of the City Engineer.
A list of the above improvements shall be placed on an additional map sheet on the final
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.
50. Drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not provided, shall be designed and incorporated into the
grading/improvement plans for the project. These end treatments shall be designed so as to
prevent vegetation growth from obstructing the pipe outfall all to the satisfaction of the City
Engineer.
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D Note
51. Note(s) to the following effect(s) shall be placed on the final map as non-mapping data:
78.C.2.The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any geological failure, ground
water seepage or land subsidence and subsequent damage that may occur
on, or adjacent to, this subdivision due to its construction, operation or
maintenance.
78.C.l. Slopes steeper than two parts horizontal to one part vertical exist within
the boundaries of this subdivision.
78.C.2.The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any Joint Access and Utility and
any subsequent damage that may occur on, or adjacent to, the
panhandle/flag lot design for lots 27 & 28 of this subdivision due to its
construction, operation or maintenance.
78.D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches
above the street level may be placed or permitted to encroach within the
area identified as a sight distance corridor in accordance with City
Standard Public Street-Design Criteria, Section 8.B.3. The underlying
property owner shall maintain this condition.
Map Notes
52. The Developer 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 established a Growth Management
Control Point for each General Plan land use designation. Development cannot exceed
the Growth Control Point except as provided by Chapter 21.90. The land use designation
for this development is RLM, 3.2 dwelling units per non-constrained acre.
Parcels 1 through 30 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 parcels 1 through 30 under the General Plan and
Chapter 2 1.90 of the Carlsbad Municipal Code.”
53. The following note shall be placed on the Final Map: “Prior to issuance of a building
permit for any buildable lot within the subdivision, the Developer shall pay a one-time
special development tax in accordance with the City Council Resolution No. 91-39.”
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56.
58.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
The Developer 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.
All landscape and irrigation plans shall be prepared to conform with the Landscape
Manual and submitted per the landscape plan check procedures on tile in the Planning
Department.
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 approva
Director prior to installation of such signs.
.1 of the Planning
Fire Conditions:
59. Structures on lots 27 and 28 shall be constructed in conformance with Section 504 of the
1997 edition of the Urban Wildland Interface Code.
. . Water Condltlons, .
60.
61.
62.
63.
64.
The Developer shall be responsible for all fees, deposits and charges which will be
collected before and/or at the time of issuance of the building permit. The San Diego
County Water Authority capacity charge will be collected at issuance of application for
any meter installation.
The Developer shall provide detailed information to the District Engineer regarding water
demand, irrigation demand, fire flow demand in gallons per minute, and projected sewer
flow in million gallons per day.
The entire potable water system, recycled water system and sewer system shall be
evaluated in detail by Developer and District Engineer to insure that adequate capacity,
pressure and flow demands can be met.
All District pipelines, pump stations, pressure reducing stations and appurtenances
required for this project by the District shall be within public right-of-way or within
easements granted to the District or the City of Carlsbad.
Sequentially, the Developer’s Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requirements.
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65. The following note shall be placed on the fmal map. “This project is approved upon the
expressed condition that building permits will not be issued for development of the
subject property unless the District serving the development has adequate water and
sewer capacity available at the time development is to occur, and that such water and
sewer capacity will continue to be available until time of occupancy.
66. All potable water and recycled water meters shall be placed within public right of way.
67. The following items shall apply if checked:
No more than 19 homes shall be served on a single potable water distribution pipeline.
For those locations with more than 19 homes, a looped potable water pipeline system
shall be designed.
68. The Developer will be responsible for construction of all sewer mains as necessary for the
service of this project. Construction of the sewer main within Poinsettia Lane will
include connection to the existing sewer in Poinsettia Lane at the western boundary of
Aviary Planning Area III.
69. The Developer will be responsible for the construction of approximately 1800 lineal feet
of 18” PVC recycled water main, approximately 1800 lineal feet of 12” PVC potable
water main and approximately 1800 lineal feet of 30” welded steel potable water main
along Poinsettia Lane from Black Rail Road to the boundary of Aviara Planning Area III.
The Developer’s Engineer will show the recycled water main and the potable mains on
the Poinsettia Lane Improvement Plans. The Developer will be reimbursed for the cost of
construction of the recycled water main and the potable water mains as described above
in accordance with terms of a signed reimbursement agreement between the Carlsbad
Municipal Water District and the Developer.
B. Prepare and submit a colored recycled water use area map and submit this map to the
Planning Department for processing and approval by the District Engineer.
C. Prior to the preparation of sewer, water and recycled water improvement plans, the
Developer shall submit preliminary system layouts to the District Engineer for
review, comment and approval.
General:
70. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Tract Map.
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. . Standard Code mmders,
71.
72.
73.
74.
75.
The tentative map approval shall expire twenty-four (24) months from the date of
Planning Commission document approving this subdivision.
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.
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 developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days fi-om date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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h h
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of April 1999, by the
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4506 -18-
EXHIBIT "Y"
APRIL 7, 1999
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PJANNING COMMISSION RESOLUTION NO. 4507
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT HDP
98-03 FOR THE GRADING AND SUBDIVISION OF A 33.4
ACRE SITE INTO 30 LOTS ON PROPERTY GENERALLY
LOCATED AT THE NORTHEAST CORNER OF THE
INTERSECTION OF BLACK RAIL ROAD AND FUTURE
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: DE JONG RESIDENTIAL PROJECT
ENO: P 98-03
WHEREAS, Arie De Jong, Jr. Family Trust, “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Arie De Jong, Jr. Family
Trust, “Owner”, described as
Being that portion of Lot 2 of Section 22, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City
of Carlsbad, County of San Diego, State of California
according to the offxial plat thereof,
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibit(s) “A” - “X” dated March 17, 1999, on file in the
Carlsbad Planning Department, DE JONG RESIDENTIAL PROJECT, HDP 98-03, as
provided by Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of March 1999 and
on the 7th day of April 1999, consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Hillside Development Permit; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
4
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That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
COMMENDS APPROVAL of DE JONG RESIDENTIAL PROJECT,
HDP 98-03 based on the following findings and subject to the following
conditions:
Fiadings:
1.
2.
3.
4.
5.
6.
7.
That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages;
That undevelopable areas of the project, i.e. slopes over 40%, have been properly
identified on the constraints map;
That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that 1) the grading design avoids steep slopes
except where a circulation element road is involved; and 2) manufactured slopes are
contoured to follow the natural topography.
That the proposed development or grading will not occur in the undevelopable portions of
the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in
that the significant steep slopes greater than 40% are preserved in open space. The
proposed area of encroachment is for Poinsettia Lane a circulation element road for
which the code provides an exclusion .
That the project design substantially conforms to the intent of the concepts illustrated in
the Hillside Development Guidelines Manual, in that the grading follows the natural
topography, the future homes would be setback from the tops of manufactured
slopes, and all manufactured slopes will be screened with landscaping that includes
a combination of ground cover, shrubs, and trees where permitted by the tire
suppression zones.
That the project design and lot configuration minimizes disturbance of hillside lands, in
that the project’s grading and design does not encroach into steep slopes except as
needed to construct Poinsettia Lane.
That the site requires extensive grading to accommodate a circulation-element roadway,
in that a significant amount of fill is required for Poinsettia Lane .
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. . Condltlons . .
1.
2.
3.
4.
Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Hillside Development Permit document(s) necessary to make
them internally consistent and in conformity with final action on the project.
Development shall occur substantially as shown in the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
Approval of HDP 98-03 is granted subject to the approval of ZC 98-02, LCPA 98-01,
CDP 98-26, V 98-04 and the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program. HDP 98-03 is subject to all conditions contained
in the Planning Commission Resolutions for ZC 98-02, LCPA 98-01, CDP 98-26, V 98-
04 and the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
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 residential
housing project are challenged this approval shall be suspended as provided in
Government Code Section 66020. If any such condition is determined to be invalid this
approval shall be invalid unless the City Council determines that the project without the
condition complies with all requirements of law.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
. . .
PC RESO NO. 4507 -3- 7/
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h
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission o.f the City of Carlsbad, California, held on the 7th day of April 1999, by the
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
COURTNYEY E. HE!mMAN, Chairperson
CAFUSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4507 -4-
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PLANNING COMMISSION RESOLUTION NO. 4508
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT
NUMBER CDP 98-26 TO GRADE AND SUBDIVIDE 33.4
ACRES INTO 30 LOTS ON PROPERTY GENERALLY
LOCATED AT THE NORTHEAST CORNER OF BLACK RAIL
ROAD AND POINSETTIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: DE JONG RESIDENTIAL PROJECT
CASE NO.: CDP 98-26
WHEREAS, Arie De Jong, Jr. Family Trust, “Developer”, has tiled a verified
application with the City of Carlsbad regarding property owned by Arie De Jong, Jr. Family
Trust, “Owner”, described as
Being that portion of Lot 2 of Section 22, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City
of Carlsbad, County of San Diego, State of California
according to the official plat thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “X” dated March 17, 1999, on file in the
Planning Department, DE JONG RESIDENTIAL PROJECT - CDP 98-26 as provided by
Chapter 2 1.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of March 1999 and
on the 7th day of April 1999, hold a duly noticed public hearing as prescribed by law to consider
said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CDP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B)
Findings:
That based on the evidence presented at the public hearing, the Commission
COMMENDS APPROVAL of DE JONG RESIDENTIAL PROJECT -
CDP 98-26 based on the following findings and subject to the following
conditions:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project complies with all applicable
requirements of the Mello II Segment of the Local Coastal Program such as policies
concerning the conversion of coastal agriculture and environmentally sensitive
habitat areas.
2. The project complies with the requirements of the Coastal Agriculture Overlay
Zone as the project has been conditioned to pay the agricultural conversion
mitigation fee to develop the property with other than agricultural uses.
3. The project also complies with the requirements of the Coastal Resource Protection
Overlay Zone as slopes over 25 percent containing coastal sage scrub and chaparral
are being preserved. Approximately .29 acre of dual criteria slopes will be impacted
for the construction of a circulation element road, Poinsettia Lane which is not
subject to this limitation as specitied in Section 21.203.040 A.1.a. of the Municipal
Code.
. . Condm . .
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the document(s) necessary to make them internally consistent and in
conformity with final action on the project. Development shall occur substantially as
shown in the approved Exhibits. Any proposed development different from this
approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this project within
two (2) years of approval or this Coastal Development Permit will expire unless
extended per Section 21.201.210 of the Zoning Ordinance.
3. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
4. All grading operations shall be limited to the period from April 1 to October 1 of
each year. All areas disturbed by grading shall be planted within 60 days of the
initial disturbance and prior to October 1 with temporary or permanent (in the case
of fmished slopes) erosion control methods.
PC RESO NO. 4508 -2- 74
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5. 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 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 of non-prime agricultural
land. The amount of the fee shall be determined by the City Council and be paid by
the applicant prior to approval of the final map or issuance of any building permit,
whichever occurs first and shall be consistent with the provisions of Carlsbad’s
LCP.
6. Approval of CDP 98-26 is granted subject to the approval of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, ZC 98-02, LCPA
98-01, CT 98-05, HDP 98-03, and V 98-04. CDP 98-26 is subject to all conditions
contained in the Planning Commission Resolutions for ZC 98-02, LCPA 98-01, CT 98-
05, HDP 98-03, and V 98-04.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
. . .
. . .
. . .
. . .
. . .
PC RESO NO. 4508 -3- 75
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
~ Commission of the City of Carlsbad, California, held on the 7th day of April 1999, by the
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
“- COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
-- MICHAEL J. HOLZMftLER
Planning Director
PC RESO NO. 4508 -4- 76
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PLANNING COMMISSION RESOLUTION NO. 4509
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF VARIANCE V 98 04 TO ALLOW TWO
PROPOSED LOTS TO EXCEED THE MAXIMUM
PANHANDLE LENGTH ON PROPERTY GENERALLY
LOCATED AT THE NORTHEAST CORNER OF BLACK RAIL
ROAD AND FUTURE POINSETTIA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 20
CASE NAME: DE JONG RESIDENTIAL PROJECT
CASE NO: V 98-04
WHEREAS, Arie De Jong, Jr. Family Trust, “Developer”, has filed a verified
application with the City of Carlsbad regarding property owned by Arie De Jong, Jr. Family
Trust, “Owner”, described as
Being that portion of Lot 2 of Section 22, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City
of Carlsbad, County of San Diego, State of California
according to the official plat thereof’
(“the Property”); and
WHEREAS, said application constitutes a request to allow two lots to exceed the
maximum panhandle length of 200 feet contained in Section 21.10.080 (d)(4); and
WHEREAS, said verified application constitutes a request for a Variance as
shown on Exhibit(s) “A” - “X”. dated March 17, 1999, on file in the Carlsbad Planning
Department, DE JONG RESIDENTIAL PROJECT - V 98-04 provided by Chapter 21.50 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of March, 1999 and
on the 7th day of April 1999, hold a duly noticed public hearing as prescribed by law to consider
said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Variance.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission RECOMMENDS APPROVAL of DE JONG RESIDENTIAL
PROJECT - V 98-04 based on the following findings and subject to the
following conditions:
Findings:
1. That there are exceptional or extraordinary circumstances or conditions applicable to the
property or to the intended use that do not apply generally to the other property or class of
use in the same vicinity and zone, in that the extraordinary condition is created by the
horizontal and vertical elevations previously set by the public street, Black Rail
Road, from which the proposed lots obtain access. This condition is exacerbated by
the diagonal alignment of the 100 foot wide SDG&E easement which isolates the
portion of the site that contains unconstrained, developable area on a project site
that will be providing a considerable amount of open space. The diagonal angle of
the SDG&E easement off of Black Rail Road results in the necessity to extend the
access portion of the lots an additional 85 feet to avoid the easement area. The
provision of a public hillside street to access the two lots would result in greater
encroachment and possible impacts to the SDG&E easement, sensitive habitat, steep
slopes areas, and coastal regulation identified “dual criteria slopes”.
2. That the requested variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone but
which is denied to the property in question, in that the land east of the SDG&E
easement is not constrained land and historic access to the site has been taken in the
manner proposed in the project design. The proposed flag lot configurations result
in the least impacting form of access to the two proposed private lots.
3. That the granting of this variance will not be materially detrimental to the public welfare
or injurious to the property or improvements in the vicinity and zone in which the
property is located, in that the granting of such variance results in a preferred
condition to access a developable portion of the property, while maintaining the
current grades set by construction of Black Rail Road by adjacent development and
minimizing impacts of development to the existing SDG&E major transmission
easement, native biological habitats, and steep slopes. To ensure public safety, fire
PC RESO NO. 4509 -2- 78
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suppression zones and future unit construction in compliance with urban-wildland
interface “ignition-resistant construction” is required.
4. That the granting of this variance will not adversely affect the General Plan, in that the
granting of the variance, to allow the access driveway for two proposed single family
residential lots to be extended from 200 feet to a length of 230 feet and 285 feet,
would not in any way adversely affect the City’s goals or objectives established by
the comprehensive general plan. No circulation element roadways will be affected;
proposed development is in conformance with onsite Land Use Element
designations; and the design would not result in any impacts to the land use
designations of surrounding properties.
. . Condlhons . .
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the document(s) necessary to make them internally consistent and in
conformity with final action on the project. Development shall occur substantially as
shown in the approved Exhibits. Any proposed development different fi-om this
approval, shall require an amendment to this approval
2. Approval of V 98-04 is granted subject to the approval of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, ZC 98-02, LCPA
98-01, CT 98-05, HDP 98-03, and CDP 98-26. VP 98-04 is subject to all conditions
contained in the Planning Commission Resolutions for ZC 98-02, LCPA 98-01, CT 98-
05, HDP 98-03, and CDP 98-26.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PC RESO NO. 4509 -3- 79
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- -
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
I Commission of the City of Carlsbad, California, held on the 7th day of April, 1999, by the
~ following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Savary, and Segall
NOES:
ABSENT: Commissioners Nielsen and Welshons
COURTNEY%. HBfNEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOxZMItiER
Planning Director
PC RESO NO. 4509 -4-
A EXHIBIT 5 The City of CARLSBAD Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No. 2 0
P.C. AGENDA OF: April 7, 1999
i
Application complete date: August 3 1, 1998 + 90 day
extension
Project Planner: Don Neu
Project Engineer: Clyde Wickham
SUBJECT: ZC 98-02/LCPA 98-Ol/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 - DE JONG
RESIDENTIAL PROJECT - Request for a recommendation of approval for a
Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program, a Zone Change and Local Coastal Program Amendment to change the
land use designations for the site from Limited Control (L-C) to One-Family
Residential, 7,500 square foot minimum lot size, Qualified Development Overlay
Zone (R-1-7,500-Q) and Open Space (OS) on a 33.4 acre property. Also
proposed is a Tentative Tract Map to create 28 residential lots and 2 open space
lots, a Hillside Development Permit, Coastal Development Permit and a Variance
to allow two lots to exceed the maximum panhandle length located at the
northeast comer of the intersection of Black Rail Road and future Poinsettia Lane
in the Coastal Zone and Local Facilities Management Zone 20.
That the Planning Commission ADOPT Planning Commission Resolution No. 4503, 4504,
4505,4506,4507,4508, and 4509 RECOMMENDING APPROVAL of a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, Zone Change (ZC 98-02), Local
Coastal Program Amendment (LCPA 98-Ol), Tentative Tract Map (CT 98-05), Hillside
Development Permit (HDP 98-03), Coastal Development Permit (CDP 98-26), and Variance (V
98-04), based on the findings and subject to the conditions contained therein.
II. INTRODUCTION
The proposed project is for the creation of a 30 let/28-unit single-family subdivision on a vacant
parcel at the northeast comer of the intersection of Black Rail Road and future Poinsettia Lane.
The project will consist of 28 single-family lots all with a lot area greater than 7,500 square feet.
Two open space lots are proposed, one with an area of 21.19 acres containing sensitive habitat
and the other with an area of 1.49 acres in which common landscaping and a trail (Trail Segment
No. 30) will be constructed parallel to future Poinsettia Lane. The applicant is requesting to
purchase 4.2 affordable housing credits in the Villa Loma housing project to satisfy the project’s
affordable housing requirements under the City’s Inclusionary Housing Ordinance. On
December 10, 1998 the City’s Housing Commission approved the request to purchase affordable
housing credits. The project requires a Zone Change and Local Coastal Program Amendment to
change the zoning and coastal program land use designation from L-C to R-1-7,500-Q and OS.
In addition, a Tentative Tract Map, Hillside Development Permit, Coastal Development Permit,
and Variance are required to be approved. The requested variance is to allow two lots to exceed
ZC 98-02/LCPA 98-Ol/C’r’ 98-05/HDP 98-03/CDP 98-26/V 98-04 - DE JONG RESIDENTIAL
PROJECT
April 7,1999
Page 2
the maximum panhandle length. Except for the requested variance the project complies with
City standards and all the necessary findings can be made for the approvals being requested. The
Zone Change and Local Coastal Program Amendment require City Council approval as do the
other applications since two panhandle lots are proposed.
III. PROJECT DESCRIPTION AND BACKGROUND
The project site is approximately 33.4 acres in size located within the Zone 20 Local Facilities
Management Zone. It is bordered to the north by native vegetation and industrial development,
to the south by agriculture and the Carlsbad Municipal Water District’s Dl and D2 water tanks,
to the east by agriculture on a future park site, and to the west by a single family residential
project that is under construction and vacant agricultural land. Topographically, the
southwestern portion of the site is relatively flat and has been in agricultural/greenhouse use. As
shown on Exhibits “I” through “L”, most of the remaining portion of the site is represented by
steep slopes leading to two drainages containing oak woodland habitat. The slopes are primarily
composed of chaparral vegetation and the area to the north and east of the property is also
chaparral. The two drainages converge to form an unnamed tributary to Encinas Creek. The
drainage supports a somewhat developed oak woodland that terminates at the northern property
boundary. The elevations onsite vary from about 200 to 360 feet above mean sea level.
Five plant communities or habitat types were identified onsite. They include the following:
coastal sage scrub (2.9 acres), disturbed coastal sage scrub (1.2 acres), southern maritime
chaparral (10.4 acres), disturbed southern maritime chaparral (0.1 acre), scrub oak chaparral (0.3
acre), valley needlegrass grassland (0.1 acre), coastal live oak woodland (2.3 acres), annual non-
native grassland (2.9 acres), agriculture (13.1 acres), disturbed habitat (0.1 acre). The total
proposed graded area is 12.7 acres.
The proposed Zone Change and Local Coastal Program designations are necessary to change the
designation on the property from L-C (Limited Control) to R-1-7,500-Q (One-Family
Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone) and OS
(Open Space) to implement the RLM (Residential Low-Medium Density) and OS (Open Space)
General Plan Mapping designations. As shown on Exhibits “A” through “E”, the 28 residential
lots wiIl all be 7,500 square feet or larger. Twenty of the proposed lots will take access off a
proposed private cul-de-sac street. The remaining 8 lots gain access from Black Rail Road with
2 of these being panhandle lots. Due to the location of a 100 foot wide SDG&E easement that
runs diagonally through the property the maximum panhandle length is exceeded and a variance
is necessary. Open Space Lot Number 29 contains all the native vegetation which will be
preserved on the property and has an area of 21.19 acres. Open Space Lot Number 30 has an
area of 1.49 acres. This lot contains the proposed public trail which runs parallel to Poinsettia
Lane as well as including a slope that will be graded adjacent to the roadway as a result of the
road construction.
At this point in time no home plans have been submitted for these lots. The Q-Overlay Zone
which is proposed as part of the R-l zoning will require the approval of a Site Development Plan
for the units. The project will be constructing a portion of Poinsettia Lane. The environmental 82
ZC 98-02/LCPA 98-Ol/Cr 98-05/HDP 98-03/CDP 98-26N 98-04 - DE JONG RESIDENTIAL
PROJECT
April 7,1999
e3
analysis for the project has evaluated the offsite road improvements. The wildlife agencies have
reviewed the environmental document which contains the required mitigation measures.
The project is subject to the following plans, ordinances and standards:
A.
B.
C.
D.
E.
F.
G.
H.
I.
Residential Low-Medium Density (RLM) and Open Space (OS) General Plan Land Use
Designations;
R-1-7,500, Qualified Development Overlay Zone (R-1-7,500-Q) and OS (Open Space)
Zone Regulations;
Zone 20 Specific Plan (SP 203);
Mello II Segment of the Local Coastal Program, the Coastal Agriculture Overlay Zone,
and the Coastal Resource Protection Overlay Zone;
Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code);
Hillside Development Ordinance (Carlsbad Municipal Code Chapter 2 1.95);
Inclusionary Housing Ordinance (Carlsbad Municipal Code Chapter 21.85);
Variance Ordinance (Carlsbad Municipal Code Chapter 21.50); and
Growth Management Regulations (Local Facilities Management Zone 20).
The recommendation for approval of this project was developed by analyzing the project’s
consistency with the applicable regulations and policies. The project’s compliance with each of
the above regulations is discussed in detail in the sections below.
A. General Plan
The General Plan designation for the project site is Residential Low-Medium (RLM) and Open
Space (OS). The RLM designation allows single-family residential development at a range of O-
4 dwelling units per acre (du/ac). The RLM range has a Growth Control Point of 3.2 du/ac. The
density of the proposed single-family subdivision is 1.8 du/ac. The designated OS portion of the
site which includes native vegetation will be preserved in Open Space Lot Number 29. The
project complies with all elements of the General Plan as illustrated in Table A below:
-.
ZC 98-02/LCPA 98-Ol/Cr 98-05/HDP 98-03/CDP 98-26/V 98-04 - DE JONG RESIDENTIAL
PROJECT
April 7,1999
ELEMENT
Land Use
Housing
Public Safety
Open Space &
Conservation
Table A - GENERAL PLAN COMPLIANCE
Noise
Circulation
USE,
CLASSIFICATION,
GOAL,
OBJECTIVE OR
PROGRAM
Site is designated for
Residential Low-
Medium at 3.2 du/ac.
Provision of
affordable housing
Reduce fire hazards to
an acceptable level.
Minimize environ-
mental impacts to
sensitive resources
within the City.
City wide Trail
Program
Utilize Best Manage-
ment Practices for
control of storm water
and to protect water
quality.
Residential exterior
noise standard of 60
CNEL and interior
noise standard of 45
CNEL.
Require new
development to
construct roadway and
intersection
improvements needed
to serve proposed
development.
PROPOSED USES &
IMPROVEMENTS
Single-family lots at
1.8du/ac.
The purchase of 4.2
affordable housing
credits in Villas Loma
The project includes
measures such as fire
suppression zones
Project will provide
2 1.19 acres of open
space containing
biological resources.
Project will provide a
20 foot trail easement
and construction of a
portion of Trail
Segment No. 30
Project will conform to
all NPDES
requirements.
Project has been
conditioned to require
interior noise analysis
for several lots to
determine what con-
struction materials will
be necessary
Project will provide
intersection and
roadway improvements
including Maritime
Drive, Poinsettia Lane
and Black Rail Road.
COMPLY?
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
ZC 98-02/LCPA 98-01/C I 98-05/HDP 98-03KDP 98-26/V 98-04 - DE JONG RESIDENTIAL
PROJECT
April 7,1999
&ge5
B. R-1-7,500-Q and OS Zoning Regulations
The project site is currently zoned Limited Control (L-C). The L-C zone is an interim zone for
areas where planning for future land uses have not been completed or plans of development have
not been formalized. Proposed as part of the project is a zone change from L-C to R-1-7,500-Q
and OS. This will result in the zoning for the site being consistent with the General Plan Land
Use designations of RLM and OS. The proposed zones are also compatible with the existing
adjacent residential and non-residential zone properties and probable future zones for the L-C
zoned properties adjacent to the site.
The proposed project meets or exceeds all applicable requirements of the R-1-7,500-Q zone as
demonstrated in Table B below. All lot sizes and lot widths meet or exceed the minimum
requirements of the zone. All required setbacks, lot coverage, and building height for the zone
will be determined by the Planning Department and Planning Commission during the review of
the Site Development Plan required by the Qualified Development Overlay Zone (Q-Overlay)
which is being included with the R-l zone. The Qpen Space (OS) Zone is being applied to the
areas of the site designated as OS on the General Plan Land Use Map. These areas coincide with
the site locations containing sensitive habitat which will be within Open Space Lot Number 29.
STANDARD
Min. Lot Size
Min. Lot Width
Table B: R-l ZONE COMPLIANCE
REQUIRED PROPOSED
7,500 sq. ft. 8,083 sq. ft. - 34,475 sq. ft.
60 feet 60 feet minimum
C. Zone 20 Specific Plan (SP 203)
The project is within an area subject to the Zone 20 Specific Plan. The Zone 20 Specific Plan
provides a framework for the development of the vacant properties within Zone 20 to ensure the
logical and efficient provision of public facilities and community amenities for the future
residents of Zone 20. The project complies with the following requirements of the Specific Plan
as demonstrated in Table C below.
Table C: Zone 20 Specific Plan Requirements
STANDARD REQUIRED PROPOSED
Required Zoning R-l or R-DM R-1-7,500-Q
Local Coastal Plan Grading Grading prohibited between Grading limitation included as
Requirements Oct. 1 and April 1. CDP condition
LCP Agricultural Conversion Three conversion options Payment of Agricultural
permitted Conversion Mitigation Fee
Dedications All required land or easements Street right-of-way and
shall be dedicated to the City easement dedications
proposed
Trail System Construct required trails Project will construct a portion
identified on the citywide plan of Trail Segment No. 30
ZC 98-02/LCPA 98-Ol/CL 98-05/HDP 98-03KDP 98-26/V 98-04 - DE JONG RESIDENTIAL
PROJECT
April 7,1999
Page 6
Affordable Housing
Planning Area C Poinsettia
Lane Setback
15% of the units to be Project will purchase
affordable affordable housing credits
An average 50 foot setback Future units will be sited to
from Poinsettia Lane comply with this setback
D. Local Coastal Program
The project site is located within the Mello II Segment of the Local Coastal Program.
Development of the project site is also subject to the requirements of the Coastal Agriculture
Overlay Zone and the Coastal Resource Protection Overlay Zone. Approval of a Coastal
Development Permit is required for the project. One of the primary requirements of the
applicable coastal regulations pertains to the conversion of agricultural land to urban use. The
project has been conditioned to comply with option three which is the payment of an agricultural
conversion mitigation fee which will mitigate the loss of agricultural resources by preserving or
enhancing other important coastal resources. Slopes over 25 percent containing coastal sage
scrub and chaparral are being preserved. Approximately .29 acres of dual criteria slopes will be
impacted for the construction of a Circulation Element road, Poinsettia Lane which is permitted.
The grading restrictions which apply in the coastal zone are proposed as conditions of the
Coastal Development Permit.
The Local Coastal Program Amendment (LCPA) is required to implement the proposed zone
change from L-C to R-1-7,500-Q and OS. The LCPA will result in the zoning and coastal land
use designations for the site to be consistent. The required 6 week LCPA notice has been
provided. To date no comments have been received on the LCPA.
E. Subdivision Ordinance
The Engineering Department has reviewed the proposed project and has concluded that the
subdivision complies with all applicable requirements of the Subdivision Map Act and the City’s
Subdivision Ordinance. All major subdivision design criteria have been complied with including
the minimum lot depth of 90 feet, provision of public access, required street frontage, minimum
lot area, and the design of the project so that individual residential lots do not have street frontage
or access to circulation element roads.
The project is consistent with and satisfies all requirements of the General Plan and Title 2 1. It is
also compatible with surrounding land uses. The proposed R-1-7,500-Q Zone requires a
minimum 7,500 square foot lot size. Each of the proposed lots exceeds the minimum
requirement.
The developer will be required to offer various dedications (e.g., drainage easements, street right-
of-way) and will be required to install street and utility improvements, including but not limited
to, curbs, gutters, sidewalks, sewer facilities, drainage facilities, fire hydrants, and street lights.
ZC 98-02/LCPA 98-01/C I 98-05/HDP 98-03KDP 98-26/V 98-04 - DE JONG RESIDENTIAL
PROJECT
April 7,1999
F. Hillside Development Ordinance
The proposed development is planned for areas of the site that are predominately 0 to 15 percent
slopes. The steep slope areas will be preserved within proposed Open Space Lot Number 29. A
small area of encroachment into slopes of 40 percent and greater will occur as a result of the
grading for Poinsettia Lane, a Circulation Element major arterial for which the ordinance permits
the disturbance. This area is located in the southeast comer of the site and is also the only dual
criteria slopes impacted by the project. Grading volumes in the potentially acceptable range are
required to accommodate necessary grading onsite associated with the construction of the
Circulation Element road. The proposed project meets or exceeds all applicable requirements of
the Hillside Development Ordinance as demonstrated in Table D below.
Table D - HILLSIDE DEVELOPMENT COMPLIANCE
STANDARD
Preservation of 40% Slopes
Slope Height
Grading Volume
Contour Grading
Slope Screening
Slope Setback
REQUIRED
Preservation in Open Space
30 Feet Maximum
Potentially Acceptable = 8,000
- 10,000 cubic yards/acre
Variety of slope direction to
simulate the natural
topography
Landscaping
Varies depending on building
height
PROPOSED
Preserved in Open Space Lot
Number 29
30 Feet Maximum Except
Where Greater Height is
Required to Accommodate a
Circulation Element Road
8,324 cubic yards/acre. The
volume is a result of on-site
slope related to a Circulation
Element road and is excluded
from the ordinance.
Manufactured slopes have
been contoured into the
natural topography of the
remaining undisturbed slopes
Combination of trees, shrubs
and ground cover
Determined at Site
Development Plan
G. Inclusionary Housing Ordinance
The City’s Inclusionary Housing Ordinance (Chapter 21.85) requires that a minimum of 15% of
all approved units in any qualified residential subdivision be made affordable to lower income
households. The inclusionary housing requirement for this project would be 4.2 dwelling units.
The applicant is requesting to purchase 4.2 affordable housing credits in the Villa Loma housing
project to satisfy the project’s affordable housing requirements. On December 10, 1998 the
City’s Housing Commission approved the request to purchase affordable housing credits.
87
ZC 98-02/LCPA 98-Ol/Cl 98-05/HDP 98-03/CDP 98-26/V 98-04 - DE JONG RESIDENTIAL
PROJECT
April 7,1999
Pave 8
H. Variance
A variance is proposed to the maximum panhandle length standard of the R-l Zone to provide
access to Lots 27 and 28. The variance request is to allow the necessary extension of the
panhandle portion of Lots 27 and 28 to provide access to the developable area on the other side
of the 100 foot wide SDG&E major transmission easement. The horizontal and vertical
alignment of the access portions of these lots has been pre-established by the adjacent Black Rail
Road alignment and location and width of the SDG&E easement.
The R-l criteria for panhandle lots requires that the length of the portion of the lot fronting on a
public street or publicly dedicated easement afforded access to the buildable lot shall not be
greater than two hundred feet when two such lots are adjoining. This criteria must be exceeded
in this case to access the developable portion of the site. The panhandle length for Lot 27 and 28
will reach a length of 230 feet and 285 feet respectively. All of the other panhandle lot criteria
listed in the municipal code are satisfied in the design of the lots.
The proposed access portion of the two panhandle lots is currently a flat, previously disturbed
agriculture area with no native vegetation. The area to the north is heavily constrained by steep
slopes and native habitats, therefore, providing additional width to the flag portion of the lots to
create a street could increase project environmental impacts offsite and further restrict SDG&E
access to their transmission easement.
The required findings to grant the variance can be made and are contained in the attached
variance resolution .
I. Growth Management
The proposed project is located within Local Facilities Management Zone 20 in the southwest
quadrant of the City. The impacts on public facilities created by the project, and its compliance
with the adopted performance standards, are summarized in Table E below.
Table E: GROWTH MANAGEMENT COMPLIANCE
1 STANDARD t IMPACTS 1 COMPLIANCE I
1 City Administration 1 64.89 sq. ft. I Yes
Library
Waste Water Treatment
Parks
Drainage
Circulation
51.91 sq. ft.
28 EDU
.19 acre
Basin C
280 ADT
Yes
Yes
Yes
Yes
Yes
Fire I [ Station No. 4 I I Yes
Open Space
Schools
Sewer Collection System
Water
7.17 acres
Carlsbad Unified
28 EDU
6160 GPD
Yes
Yes
Yes
Yes
ZC 98-02/LCPA 98-01/C 1 98-05/HDP 98-03KDP 98-26/V 98-04 - DE JONG RESIDENTIAL
PROJECT
April 7,1999
fze 9
The proposed project is 22 units below the Growth Management dwelling unit allowance.
V. ENVIRONMENTAL REVIEW
The initial study (EIA-Part II) prepared in conjunction with this project determined that some of
the environmental effects which are peculiar to the property or to this project are considered
direct significant and adverse impacts. The developer has agreed to add mitigation measures to
the project to reduce those adverse effects to below a level of significance in accordance with the
requirements of the California Environmental Quality Act (CEQA). The project’s direct
significant effects include impacts to biological resources, hazards associated with potential
agricultural chemical soil contamination, noise from traffic on future Poinsettia Lane, and
paleontological resources. The project site has several habitat types. The wildlife agencies have
reviewed the project and concur with proposed biological mitigation measures. The
environmental documents for the project were sent to the State Clearinghouse for circulation in
addition to being sent directly to the area offices of the U.S. Fish and Wildlife Service, California
Department of Fish and Game, and the California Coastal Commission. The comments from the
wildlife agencies have been incorporated into the required mitigation measures. Mitigation
measures are also proposed for the other significant adverse effects and are also listed in the EIA-
Part II. The project is within the scope of the City’s Master Environmental Impact Report and is
utilized to address the project’s cumulative air quality and circulation impacts. Please see the
Environmental Assessment Form-Part II for a detailed description of the mitigation measures and
the expanded justification for the recommendation to approve the Mitigated Negative
Declaration. In consideration of the foregoing, on November 30, 1998 the Planning Director
issued a Mitigated Negative Declaration for the proposed project.
The City has received its annual Growth Management Traffic Monitoring Report. The Report
has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airport
Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This
potentially creates a changed circumstance negating reliance on previous environmental
documentation. Pursuant to 515 162 of the CEQA Guidelines a lead agency must prepare a
“Subsequent” environmental documentation if substantial evidence (i.e., the recorded
intersection failure) determines that a changed circumstance exists. However, case law has
interpreted this section of the CEQA Guidelines to not require the preparation of a “Subsequent
EIR” if mitigation measures are adopted with reduce the identified impacts to a level of
insignificance.
A mitigation measure has been identified which, if implemented, will bring the peak hours LOS
into the acceptable range. The mitigation measure involves construction of two dual right turn
lanes-northbound to eastbound and westbound to northbound. This project has been conditioned
to pay its fair share of the intersection “short-term improvements” thereby, guaranteeing
mitigation to a level of insignificance.
a9
ZC 98-02/LCPA 98-01/C I 98-05/HDP 98-03/CDP 98-26N 98-04 - DE JONG RESIDENTIAL
PROJECT
April 7,1999
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
DN:mb
Planning Commission Resolution No. 4503 @lit. Neg. Dec.)
Planning Commission Resolution No. 4504 (ZC)
Planning Commission Resolution No. 4505 @CPA)
Planning Commission Resolution No. 4506 (CT)
Planning Commission Resolution No. 4507 (HDP)
Planning Commission Resolution No. 4508 (CDP)
Planning Commission Resolution No. 4509 (V)
Location Map
Background Data Sheet
Local Facilities Impact Assessment Form
Disclosure Statement
Reduced Exhibits
Full Size Exhibits “A” - “X”, dated March 17,1999
BACKGROUND DATA SHEET
CASE NO: 772 98-02/ICPA 98-Ol/CT 98-OYHDP 98-03/CDP 98-26/V 98-04
CASE NAME: . . De JonP Residentid Project
APPLICANT: A& De Jong. Jr. Family Trust
REQUEST AND LOCATION: A proposed J,ocal Coastal Pro-gram Amendment and Zone
Change to change the land use desienations for the site from L-C to R-1-7.500-Q and OS on a
33.4 acre nrooertv. Also uronosed is a Tentative Man to create 28 residential and 2 open space
lots. a Hillside Development Permit. Coastal Development Permit and a Variance to allow two
lots to exceed the ma imu
LEGAL DESCRIP;ION:
panhandle length.
Being that nortion of J,ot 2 of Section 22. Township 12 South,
Range 4 West. San Bernard ino . . Base and Meridian. in the Citv of Carlsbad. Countv of San Dierro,
State of California according to the official plat thereof.
APN: 215-080-01 Acres: 33.4 Proposed No. of Lots/Units: 30 lots/28 units
GENERAL PLAN ANJl ZONING
Land Use Designation: RLM & OS
Density Allowed: O-4 Density Proposed: 1.8
Existing Zone: L-C Proposed Zone: R-l -7.500-Q & OS
Surrounding Zoning and Land Use: (See
Requirements)
Zoning:
Site L-C
North P-M
south L-C
East P-C
West R-1-7,500-Q
attached for information on Carlsbad’s Zoning
Jmd Use
Agriculture & Native Vegetation
Native vegetation on steep slopes &
Industrial
Agriculture & Dl and D2 Reclaimed
Water Tanks
Agricultural (Future Park)
Single Family Residential & Vacant
Agricultural Land
PUBLIC FACIJJTIES
School District: CUSD Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 28
Public Facilities Fee Agreement, dated: Februarv 11. 1998
ENVIRONMENTAT, IMPACT ASSESSMENT
Ix] Negative Declaration, issued November 30. 1998
El Certified Environmental Impact Report, dated
0’ Other, 91
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: De Jonrr Residential Project - ZC 98-02/ICPA 98-Ol/CT 98-05/HDP
98-03/CDP 98-26/V 98-04
LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RLM
ZONING: L-C (Proposed R-1-7.500 Q & OS)
DEVELOPER’S NAME: Arie De Jong Jr. Family Trust
ADDRESS: 6_2 2E.Mi i R
PHONE NO.: (760) 744-3222 ASSESSOR’S PARCEL NO.: 215-080-01
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 33.4 AC. & 28 DU
ESTIMATED COMPLETION DATE:
City Administrative Facilities: Demand in Square Footage = 64.89
Library: Demand in Square Footage = 5 1.91
Wastewater Treatment Capacity (Calculate with J. Sewer) 28 EDU
Park: Demand in Acreage = .19
Drainage: Demand in CFS =
Identify Drainage Basin =
(Identify master plan facilities on site plan)
Circulation: Demand in ADT =
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. =
Open Space: Acreage Provided =
Schools:
(Demands to be determined by staff)
Sewer: Demands in EDU
Identify Sub Basin =
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD =
280
A
7.17
CUSD
28
6160
The project is 22 units the Growth Management Dwelling unit allowance.
DISCLOSURE STATEMENT
Applicsnt’s statement or disclosure of certain ownership interests on sll
applications which will require discretionary action on the par! of the City
Council or any appointed Board, Commission or Committee.
The following information must be disclosed:
1. APPLICANT
List the names and addresses of all persons having a financial interest in the
application.
Arie Dejong, Jr. Family Trust
622 E Mission Road
San Maws, CA 92069
2. OWNER
List the names and addresses of all persons having any ownership interest in the
property involved.
Arie Dejong, Jr. Family Trust
622 E Mission Road
San Marcos, CA 92069
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership,
list the names and addresses of all individuals owning more than 10% of the shares
in the corporation or owning any partnership interest in the partnership.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a
trust, list the names and addresses of any person serving as officer or director of
the non-profit organization or as trustee or beneficiary of the trust.
Arie Dejong, Jr. & Anna P. Dejong
622 E Mission Road
San Marcos, CA 92069
2075 Las Palmas Dr. l Carlsbad. CA 92009-l 576 l (619) 438-1161. FAX (619) 438-0894 @
-
-_.. --- 93
I i
- P’
5. Have you had L. JO than $250 worth of business trana,&ed with any member of
City staff, Boards, Commissions, Committees and/or Council within the past twelve
(12) months?
cl Yes cl X No If yes, please indicate person(s):
Person is deflned as *Ally individual, iirm, co-partnership, joint venture, association, social club,
fraternal organiration, corporation, estate, trust, recefver, syndicate, this and any other county, city
and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.’
NOTE: Attach additional sheetsJf necessary.
Arie IJejong, Jr.
Print or type name of owner
Anna P. Dejong
Disclosure Statement 10196
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C EXHIBIT 6
DRAFT
2. ZC 98-021LCPA 9&Ol/CT 9&05/HDP 98-03/CDP 98-28/V98-04 - DeJONG RESIDENTIAL
PROJECT Request for recommendation of approval for a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, a Zone Change and Local Coastal Program
Amendment to change the land use designations for the site from Limited Control (L-C) to One-
Family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-
1-7,500-Q) and Open Space (OS) on a 33.4 acre property. Also proposed is a Tentative Tract
Map to create 28 residential lots and 2 open space lots, a Hillside Development Permit, Coastal
Development Permit and a Variance to allow two lots to exceed the maximum panhandle length,
located at the northeast corner of the intersection of Black Rail Road and future Poinsettia Lane in
the Coastal Zone and Local Facilities Management Zone 20.
Chairperson Heineman asked the applicant if he had any objection to having this item heard by less than
a full Commission. The applicant’s representative, Jack Henthorn, stated that he had no objections.
Assistant Planning Director, Gary Wayne introduced the item and announced that the Commission’s
action on this item is not final and will be forwarded to the City Council for its consideration. Mr. Wayne
introduced Senior Planner, Don Neu, who gave a brief slide presentation, described the project, and
presented the staff report as follows: the boundary on the west is Black Rail Road and future Poinsettia
Lane forms the boundary on the southern portion of the site. The total project site is just a little over 33
acres in size and the applicant is proposing a 30-lot, 28 unit single family subdivision. The proposed
residential lots would all be greater than 7,500 square feet, in compliance with the Single-family R-l
standards. The additional 2 lots will be separate open space lots. The first will contain the bulk of the
habitat on the property (21 acres plus) and the second is slightly under 1.5 acres and will contain common
landscaping and a citywide trail along Poinsettia Lane. At this time there are no home plans proposed.
The proposed zone change includes a proposal to add a Qualified Development Overlay Zone which
would have a site plan return to the Commission for review of the home plans. Regarding the constraints on the property, the southwestern area of the site is the only flat area that has been disturbed and is
PLANNING COMMISSION April 7, 1999 Page 7
usable at this time, given the restrictions on habitat in the City and in the County as a whole. The
remaining areas do contain steep slopes with sensitive vegetation and are proposed for preservation.
There is a big variety in elevations on the project site. There is a difference of approximately 160 feet
across the property, and also a 100 foot wide SDG&E easement that runs diagonally through the site.
The RLM designation provides for single family residential with a growth control point, under Growth
Management, of 3.2 units to the acre. The density of this project is proposed at 1.8 units to the acre, well
below the control point. The project has been compared to all of the requirements of the General Plan
and various elements and was found to be in compliance with all elements of the Plan. The zone change
for the site is necessary as at this time it is zoned LC (limited control), which is an interim zone. At this
time the proposed zone change is to R-I-7,500Q on the RLM designated portions of the site and open
space zoning on the open space General Plan designated areas. The lots have been compared to the R-
1 standards for width and area and they do comply with those requirements. The property is within the
Zone 20 Specific Plan. This Specific Plan contains a number of requirements, in terms of coordinating
infrastructure and utilities as well as some design standards within Zone 20 of the City. The project
complies with the Specific Plan requirements. The Plan incorporated a number of the Coastal Plan
requirements such as the grading restrictions and agricultural conversion policies, and the project has
been conditioned to comply with them. In addition, it does include the affordable housing requirements
and the unique standard that applies to this project is a setback of 50 feet from Poinsettia Lane. The
Project is in the Mello II Segment of the Coastal Plan and as such, it has been conditioned to pay the
Agricultural Conversion Mitigation Fee. All the slopes on the site that are greater than 25% containing
sensitive vegetation will be preserved, with one exception. That exception is a small area impacted by
Poinsettia Lane which is permitted by the Coastal Plan policies.
As part of this project, because there is a zone change, there is also a Coastal Plan Amendment that
ultimately needs to be sanctioned by the Coastal Commission. The project has been reviewed for
conformance with the subdivision ordinance and the Subdivision Map Act and found to comply with the
requirements of both. The project has been conditioned to comply with all necessary dedications and
improvements. With regard to the Hillside Ordinance, minimal areas are impacted that are over the 15%
slope category on this project. The grading volumes are, however, in the potentially acceptable range.
This is a result of grading for the circulation element road, Poinsettia Lane, for which the ordinance
provides an exclusion. When that exclusion is considered, the project complies with the grading volume
requirements of the Hillside Ordinance. The inclusionary housing requirement for this project is 4.2 units
and the applicant is requesting to purchase housing credits in the Villa Loma project. The Housing
Commission considered and approved that request on December 10,1998. There is a proposed variance
for this project, as Lots # 27 and ##28, in the northern portion of the site, are panhandle lots. The code
limits the maximum length of the panhandle to 200 feet which these lots exceed. The primary reason for
the variance request is that there is a SDG&E easement that cuts through that area. Staff has concluded
that there are legitimate reasons to support the request and is proposing findings to grant the variance.
Regarding Growth Management, the project complies with all standards. A condition has been included
that deals with the Palomar Airport Road/El Camino Real intersection. Regarding density, the project is
22 units below that allowed by the Growth Management Plan. The primary reason for the lower density is
that because access to some of the developable land is extremely difficult and therefore those areas are
not proposed for development. The environmental determination for this project is being recommended
as a Mitigated Negative Declaration. There are mitigation measure being proposed, for biological
resources, hazards related to potential agricultural chemical soil contamination, traffic noise from future
Poinsettia Lane, and paleontological resources, given the soil types on the property. The environmental
documents were sent to the Wildlife Agencies, who have reviewed and are in concurrence with the
proposed Mitigated Negative Declaration. As mentioned earlier, the project has been conditioned to
participate in the funding for the Palomar Airport Road/El Camino Real intersection. Staff is
recommending that the proposed Resolutions be adopted, recommending approval to the City Council.
Commissioner Compas asked Mr. Neu to explain the proposed traffic circulation pattern for this project.
Mr. Neu responded by indicating the ingress and egress points on the exhibit and stated that access will
be off Black Rail Road.
Responding to earlier mention of the requested variances for the panhandle lots, Commissioner Compas
asked if there is a panhandle length (in any project) for which staff would not ask for a variance.
MINUTES /o/
PLANNING COMMISSION April 7, 1999 Page 8
Mr. Neu replied that it would depend partly on the recommendation of the Fire Department. They did have
some concerns about these particular lots since they are essentially surrounded by the remaining native
vegetation. Their concerns were primarily for the fire hazard and the length of the cul-de-sac. Mr. Neu
pointed out, however, that in the Tentative Map Resolution, there is a special condition dealing with Urban
Wildland Interface Zone fire mitigation measures. Although he is not sure exactly what that will entail,
other than possible special construction methods.
Commissioner Compas asked if the owners of those panhandle lots will be responsible for the driveways
in those panhandles.
Mr. Neu replied in the affirmative.
Commissioner Segall asked if there will be fill used to level the site or is the site as it will be when
construction begins.
Mr. Neu replied that there will probably be some fill in at least one area as there is a proposed crib wall to
hold the slope and keep it from further encroachment into the open space lot. Also, part of the need to
elevate the lots is to ensure that the sewage and drainage all runs back to the public roadway where the
infrastructure exists.
Commissioner Savary asked which of the proposed lots will have the side yards specifically for
Recreational Vehicles.
Mr. Neu indicated, on the exhibit, the lots at the end of a cul-de-sac since they are the larger lots as well
as one or both of the panhandle lots, each of which will be well suited for that use.
Chairperson Heineman asked Mr. Neu if he expected that there will any traffic problems for the
homeowners, taking access to their properties, directly off of Black Rail Road.
Mr. Neu replied that he doesn’t expect any problems as there is a cul-de-sac (emergency gate for the Mar
Brisa development) at the end of the street which does not appear to be set up as a through street to carry
additional traffic.
Principal Engineer, Bob Wojcik stated that Mr. Neu’s statement is correct. However, it is possible that at
some point, that Homeowners Association may want to open up that street for their own private use, but
general public access is not anticipated.
Jack Henthorn, 5375 Avenida Encinas, #D, Carlsbad, representing the applicant, the DeJong Family
Trust, stated their concurrence with staffs recommendation for a recommendation of approval to the City
Council.
Commissioner Compas asked when they expected to begin construction of this project, if or when it is
approved.
Mr. Henthorn replied that they are in the early stages of developing a product type and that he expects
that it will be at least 6 months before they can actually begin.
Commissioner Compas asked if he has any idea of the pricing of the homes in the project and if there will
be both 1 and 2 story homes.
Mr. Henthorn replied that it is much too early to give even an approximate price as there is a great deal of
infrastructure that must be considered, along with everything else, before setting a price. He also stated
that there will be both 1 and 2 story structures.
Chairperson Heineman opened Public Testimony and offered the invitation to speak. Seeing no one
wishing to testify, Chairperson Heineman closed Public Testimony.
MINUTES / ,/j~
PLANNING COMMISSION April 7, 1999 Page 9
ACTION: Motion by Commissioner Compaq and duly seconded, adopted Planning
Commission Resolutions No. 4503, 4504, 4505, 4506, 4507, 4508, and 4409,
recommending approval of a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, Zone Change (ZC 98-02), Local Coastal
Program Amendment (LCPA 98-01) Tentative Tract Map (CT 98-05), Hillside
Development Permit (HDP 98-03), Coastal Development Permit (CDP 98-26)
and Variance (V 9&04),based upon the findings and subject to the conditions
contained therein.
VOTE:
AYES:
NOES:
ABSTAIN:
5-o
Heineman, Compas, L’Heureux, Savary, Segall
None
None
-
NOTICE OF PUBLIC HEARING
COMPLETE DATE: August 3 1,1999 DESCRIPTION:
Request for approval for a Mitigated Negative Declaration and Mitigation and Reporting Program, a Zone Change and Local
Coastal Program Amendment to change the land use designations for the site from Limited Control (L-C) to One-Family
Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1-7,500-Q) and Gpen Space (OS)
on a 33.4 acre property. Also proposed is a Tentative Tract Map to create 28 residential lots and 2 open space lots, a Hillside Development Permit, Coastal Development Permit and a Variance to allow two lots to exceed the maximum panhandle
length.
LOCATION:
This project is within the City of Carlsbad’s Coastal Zone located at the northeast comer of the intersection of Black Rail Road and future and Poinsettia Lane in the Coastal Zone and Local Facilities Management Zone 20.
ASSESOR’S PARCEL NUMBER
215-080-01
APPLICANT: Arie DeJong, Jr.
622 E. Mission
San Marcos, CA 92069
A public hearing on the above proposed project will be held by the Carlsbad City Council in the Council Chambers, 1200 Carlsbad
Village Drive, Carlsbad, California, on May 11, 1999 at 6:00 p.m.
Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions
and a decision. Copies of the staff report will be available on or after May ‘7,1999.
If you have any questions, or would like to be notified of the decision, please contact Don Neu at the City of Carlsbad Planning
Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 2075 Las Pahnas Drive, Carlsbad, California 92009, (760) 438- 116 1, extension 4446.
APPEALS
The time within which you may judicially challenge the Tentative Subdivision Map, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Mitigated Negative Declaration and Mitigation and Reporting Program, Zone
Change, Local Coastal Program Amendment, Tentative Tract Map, Hillside Development Permit, Coastal Development Permit and/or panhandle Variance court, you may be limited to raising only those issues you or someone else raised at the public hearing described
in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office at, or prior to, the public hearing.
1. Apneals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within
ten (10) calendar days after a decision by the Planning Commission.
2. Coastal Commission Appealable Project:
UIhis site is located within the Coastal Zone Appealable Area.
ms site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal
Commission is located at 3 111 Camino De1 Rio North, Suite 200, San Diego, California 92 108- 1725.
CASE FILE: ZC 98-02lLCPA 98-OllCT 98-OSIHDP 98-03lCDP 98-26fV 98-04
CASE NAME: DE JONG RESIDENTIAL PROPERTY
PUBLISH: APRIL 30,1999
EXISTING
PROPOSED
*SITE
L-C
R-1-7,500-Q, OS
DE JONG PROPER-l-y
ZC 98-021LCPA 98-01 /CT 98-05
HDP 98-03/CDP 98-26/v 98-04
1 c : ‘\ . .ti
t City of
POTICE OF PUBLICNG
COMPLETE DATE: August 3 1,1998
DESCRIPTION:
Request for a recommendation of approval for a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, a Zone Change and Local Coastal
Program Amendment to change the land use designations for the site from Limited
Control (L-C) to One-Family Residential, 7,500 square foot minimum lot size, Qualified
Development Overlay Zone (R-1-7500-Q) and Open Space (OS) on a 33.4 acre property.
Also proposed is a Tentative Tract Map to create 28 residential lots and 2 open space lots,
a Hillside Development Permit, Coastal Development Permit and a Variance to allow two
lots to exceed the maximum panhandle length.
LOCATION:
This project is within the City of Carlsbad’s Coastal Zone located at the northeast comer
of the intersection of Black Rail Road and future Poinsettia Lane in the Coastal Zone and
Local Facilities Management Zone 20.
ASSESSOR’S PARCEL NUMBER:
215-080-01
APPLICANT:
Arie DeJong, Jr.
622 E. Mission
San Marcos, CA 92069
A public hearing on the above proposed project will be held by the Planning Commission in the
Council Chambers, 1200 Carlsbad Village Drive, c’arlsbad, California, on March 17, 1999 at
6:00 p.m.
Persons are cordially invited to attend the public hearing and provide the decision makers with
any oral or written comments they may have regarding the project. The project will be described
and a staff recommendation given, followed by public testimony, questions and a decision.
Copies of the staff report will be available on or after March 11, 1999.
If you have any questions, or would like to be notified of the decision, please contact Don Neu at
the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m.,
Friday 8:00 a.m. to 5:00 p-m. at 2075 Las Palmas Drive, Carlsbad, California 92009, (760) 438-
1 161, extension 4446.
. . .
. . .
2075 La Palmas Dr. - Carlsbad, CA 92009-l 576 - (760) 438-l 161 l FAX (760) 438-0894
APPEALS
The time within which you may judicially challenge this Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, a Zone Change and Local Coastal Program
Amendment, if approved, is established by state law and/or city ordinance, and is verq’ short. If
you challenge the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program, a Zone Change and Local Coastal Program Amendment in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this notice,
or in written correspondence delivered to the City of Carlsbad prior to the public hearing.
1. als to the Citv Co,m 7 c& Where the decision is appealable to the City Council,
appeals must be filed in writing within ten (10) calendar days after a decision by the
Planning Commission.
2. Coastal Commission Appealable Project: q This site is located within the Coastal Zone Appealable Area.
W This site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be filed with the
Coastal Commission within. ten (10) working days after the Coastal Commission has received a
Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal
Commission of the date that their appeal period will conclude. The San Diego office of the
Coastal Commission is located at 3111 Camino De1 Rio North, Suite 200, San Diego, California
92108-1725.
CASE FILE: ZC 98-02/LCPA 98-.Ol/CT 98-05/HDP 98-03KDP 98-26/V 98-04
CASE NAME: DE JONG RESIDENTIAL PROPERTY
PUBLISH: MARCH 4,1999
.
-
(Form A)
TO: CXTV CLERK’S OFFICE
FROH: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
zc 98-02/LCPA 98-Ol/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 - DeJong Residential Project
for a public hearing before the City Council.
Please notice the item for’ the council mestlng of First Available Hearing
in May 1999 .
Thank you.
April 15, 1999 Date
E c4 -
-CA COASTAL COMMISSION
STE 200
3111 CAMINO DEL RIO NO
SAN DIEGO CA 92108-l 725
REGIONAL WATER QUALITY BRD SANDAG
STE B STE 800
9771 CLAIREMONT MESA BLVD 401 BST
SAN DIEGO CA 92124-1331 SAN DIEGO CA 92101
AIR POLLUTION CNTRL DIST
9150 CHESAPEAKE DR
SAN DIEGO CA 92123
CITY OF CARLSBAD
PUBLIC WORKS/COMMUNITY I
SERVICES DEPT )
CITY OF CARLSBAD
WA TER DISTRICT
SD COUNTY PLANNING
STE B
5201 RUFFIN RD
SAN DIEGO CA 92123
CARLSBAD UNIFIED SCHOOL DIST
801 PINE ST
CARLSBAD CA 92008
CITY OF CARLSBAD
PUBLIC WORKS/ENGINEERING DEPT
! CA DEPT OF FISH & GAME
STE 50
330 GOLDENSHORE DR
LONG BEACH CA 90802
*; LAFCO
1600 PACIFIC HWY
’ SAN DIEGO CA 92101 c
US FISH & WILDLIFE SVS
2730 LOKER AVE WEST
: CARLSBAD CA 92008
I
: CITY OF CARLSBAD
PROJECT PLANNER
DON NEU
-
.ARIE DE JONG JR. FAMILY
TRUST 1 O/4/77
622 E MISSION ROAD
SAN MARCOS CA 92069
NOBORU & EVELYN
TABATA TRS &
ISOKAZU TABATA
PO BOX 943
CARLSBAD CA 92018
WILLIAM & CANDACE LYNN
650 S EL CAMINO REAL
CARSLBAD CA 92009
CATELLUS RESIDENTIAL
GROUP INC
5 PARK PIAZZA
STE 400
iRVlNE CA 92614
MHPP INC C/O MADISON
SQ PROPERTIES STE 140
5414 OBERLIN DRIVE
SAN DIEGO CA 92121
ROBERT & PATRICIA CHICK
16811 BARUNA LN
HUNTINGTON BEACH CA
92649
DAVID R SHIBLEY & ASSOC
1923 BEDFORD PLACE
ESCONDIDO CA 92029
STANDARD PACIFIC GREGORY & BARBARA MARGATE ASSOCIATES
HOMES C/O G LINHOFF NELSON TRUST 6349 PALOMAR OAKS CT
9335 CHESAPEAKE DR 3664 MARIA LANE CARLSBAD CA 92009
SAN DIEGO CA 92123 CARLSBAD CA 92008
AVIARA LAND ASSC LP
C/O HILLMAN PROPERTIES
450 NEWPORT CENTER DR
STE 304
NEWPORT BEACH CA 92660
GUY S MOORE JR
6503 EL CAMINO REAL
CARLSBAD CA 92009
PAUL & PEGGY HADLEY
TRUST
PO BOX 12727
PALM DESERT CA 92255
MICHAEL & NANCY
CARDOSA
6491 EL CAMINO REAL L CARLSBAD CA 92009
SAN DIEGUITO NATIONAL
BANK GEORGE R BOLTON
135 SAXONY ROAD . 6519 EL CAMINO REAL
ENCINITAS CA 92024 CARLSBAD CA 92009
KAISER LIFE INSURANCE GREYSTONE HOMES INC
TRUST 12/4/89 495 E RINCON
1443 CAMINITO BATEA STE 115
LA JOLLA CA 92018 CORONA CA- 91719
WESTCAP PROPERTIES AIR PRODUCTS &
INC CHEMICALS C/O J C
6114 CAMINO DE LA COSTA _ SCHUMACHER CO
LA JOLLA CA 92037 1969 PALOMAR OAKS WAY
CARLSBAD CA 92009
PALOMAR OAKS BUS CTR JACK HENTHORN & ASSOC
ASSOC C/O CHARLES DUNN 5375 AVENIDA ENCINAS
888 PROSPECT ST STE D
STE 110 CARLSBAD CA 92008
LA JOLLA CA 92037
NORMAN G & DEBRA L
GALLAGHER FAMILY TRS RESIDENT
1252 PALMA VISTA CT 6525 EL CAMINO REAL
ESCONDIDO CA 92025 CARLSBAD CA 92009
1985 PALOMAR OAKS CORP
C/O SHUKDEV TANTOD
1985 PALOMAR OAKS WAY
CARLSBAD CA 92009
LABELS - 5163
LCPA MAILING LIST (GOVERNMENT AGENCIES)
SANDAG (SAN DIEGO COUNTY)
WELLS FARGO PLAZA
APPENDIX A (LIST IS REQUIRED BY COASTAL
COMMISSION)
SUITE 800
401 B STREET
SANDIEGO CA 92101
DEPARTMENT OF JUSTICE
DEPUTY ATTORNEY GENERAL
ROOM 700
110 WEST A STREET
SANDIEGO CA 92101
PUBLIC UTILITIES COMMISSION
350 MCALLISTER STREET
SAN FRANCISCO CA 94 103
-- --_~ ___.- ---..-
BUSINESS, TRANSPORTATION & HSG AGENCY
WILLIAM G. BRENNAN
DEPUTY SECRETARY AND SPECIAL COUNCIL
SUITE 2450
980 NINTH STREET
SACRAMENTO CA 958 14
-
DISTRICT 11 CALTFWNS
TIM VASQUEZ, ENVIRONMENTAL PLANNING
2829 SAN JUAN ST
SANDIEGO CA 92138
OFFICE OF PLANNING AND RESEARCH
OFFICE OF LOCAL GOVERNMENT AFAIRS
1400 TENTH STREET
SACRAMENTO CA 958 14
DEPARTMENT OF FOOD AND AGRICULTURE
STEVE SHAFFER, AGRICULTURE RESOURCES
; ROOM 100
1220 N STREET
SACRAMENTO CA 958 14
DEPARTMENT OF TRANSPORTATION
ROOM 5504
1120 N STREET
: SACRAMENTO CA 958 14
RESOURCES AGENCY
1 RM1311
1416 NINTH STREET
’ SACRAMENTO CA 95812
.U. S. FISH AND WILDLIFE SERVICE
SUITE 130
3310 EL CAMINO AVENUE I SACRAMENTO CA 95821
ENERGY RESOURCES, CONSERVATION
AND DEVELOPMENT COMMISSION
CHUCK NAJARIAN
15 16 NINTH STREET
SACRAMENTO CA 95814 1
I
MARINE RESOURCES REGION, DR & G
ENVIRONMENTAL SERVICES SUPERVISOR I
350 GOLDEN SHORE
LONG BEACH CA 90802
SOUTHERN REGION
JOHN WALSTROM, TECHNICAL SERVICES
8885 RIO SAN DIEGO DRIVE
SAND DIEGO CA 92108
STATE LANDS COMMISSION
DWIGHT SANDERS
SUITE 1005
100 HOWE AVE
SACRAMENTO CA 95825-8202
COASTAL CONSERVANCY
SUITE 1100
1330 BROADWAY
OAKTAND CA 94612
DEPARTMENT OF FISH AND GAME
RONALD D REMPEL, CHIEF
ENVIRONMENTAL SERVICES DIVISION
RM 1341
1416 NINTH STREET
SACRAMENTO CA 958 14
DEPARTMENT OF FORESTRY
DOUG WICKIZER, ENVIROMENTAL COORD
RM 1516-2
1416 NINTH STREET
SACRAMENTO CA 958 14
SAN FRANCISCO BAY CONSERVATION
AND DEVELOPMENT COMMISSION
BILL TRAVIS
30 VAN NESS AVENUE
SAN FRANCISCO CA 958 14
WATER RESOURCES CONTROL BOARD
PO BOX 100
SACARAMENTO CA 95801
REGIONAL WATER QUALITY CONTROL BOARD
SUITE B
9771 CLAIREMONT MESA BLVD
SAN DIEGO CA 92124-1331
DEPARTMENT OF AGRICULTURE
ATTN: GARY
RESOURCE CONSERVATIONIST
SUITE 102
2121-C SECOND STREET
DAVIS CA 95616
PACIFIC REGIONAL MANAGER
NATIONAL OCEANIC AND ATMOSPHERJC
ADMIN - OCRM, 55MC4 N/ORM - 3
1305 EAST-WEST HIGHWAY
SILVER SPRING MD 20910
U.S. ARMY CORPS OF ENGINEERS
SUITE 700
333 MARKET STREET
SAN FRANCISCO CA 94105
DEPARTMENT OF ENERGY
611 RYAN PLAZA DR STE 400
ARLINGTON TX 7601 l-4005
BARRY BRAYER, AWP-8
; FEDERAL AVIATION ADMINISTRATION
WESTERN REGION
; PO BOX 92007
; LOS ANGELES CA 90009
USDA - RURAL DEVLOPMENT
430 ST DEPT 4169
DAVIS CA 95616
COUNCIL ON ENVIRONMENTAL QUALITY
CHAIRMAN
722 JACKSON PLACE NORTH WEST
WASHINGTON DC 2006
DEPARTMENT OF DEFENSE
LOS ANGELES DISTRICT ENGINEER
PO BOX 2711
LOS ANGELES CA 90053
DEPARTMENT OF DEFENSE
COMMANDANT, ELEVENTH NAVAL DISTRICT
DISTRJCT CIVIL ENGINEER
SANDIEGO CA 92132
IJ. S. BUREAU OF LAND MANAGEMENT
2 135 BUTANO DRIVE
SACRAMENTO CA 95825
U. S. BUREAU OF RECLAMATION
LOWER COLORADO REGION
PO BOX 427 BOULDER CITY CO 89005
- ..-~-.-.
SUPERINTENDENT
CHANNEL ISLANDS NATIONAL PARK
1901 SPINNAKER DRIVE
SAN BUENAVENTURA CA 93001
-
BUREAU OF INDIAN AFFAIRS
RONALD M. JAEGER
2800 COTTAGE WAY SACRAMENTO CA 95825
.-
DEPARTMENT OF ENERGY
CLIFFORD EMMERLING, DIRECTOR
SUITE 350
901 MARKET STREET
SAN FRANCISCO CA 94103
DEPARTMENT OF HOUSING AND URBAN DEVE
DUNCAN LENT HOWARD, REGIONAL ADMJN
450 GOLDEN GATE AVENUE
SANFRANCISCO CA 94102
- -- --.
U. S. BUREAU OF RECLAMATION
MID-PACIFIC REGION
2800 COTTAGE WAY
SACRAMENTO CA 95825
DOUGLAS WARNOCK, SUPERINTENDENT
REDWOOD NATIONAL PARK
DRAWERN
1111 2NDSTREET
CRESCENT CITY CA 95531
CALIFORNIA COASTAL COMMISSION
SUITE 200
3 111 CAMINO DEL RIO NORTH
SANDIEGO CA 92108
H:\ADtiINiLABELS\LCP
INTERESTED PARTIES
UPDATED 3-99 .-
OLIVENHAIN M.W.D.
1966 OLIVENHAIN ROAD
ENCINITAS CA 92024
: CRAIG ADAMS
SIERRA CLUB
SAN DIEGO CHAPTER
3820 RAY
SAN DIEGO CA 92101 .-
LESLIE ESPOSITO
1893 AMELFI DRIVE
ENCINITAS CA 92024
LANIKAI LANE PARK
SHARP; SPACE 3
6550 PONTO DRIVE
CARLSBAD CA 92008
-____-
KIM SEIBLY
SAN DIEGO GAS & ELECTRIC
PO BOX 1831
SAN DIEGO CA 92112
PERRY A LAMB
890 MERE POINT ROAD
BRUNSWICK MAINE 04011
-
’ RICHARD RETECKI
COASTAL CONSERVANCY
; SUITE 1100
1330 BROADWAY
OAKLAND CA 94612
DALE/DONNA SCHREIBER
7163 ARGONAURA WAY
CARLSBAD CA 92009
CITY OF ENCINITAS
COM DEV DEPARTMENT
505 S VULCAN AVE
ENCINITAS CA 92024
REGIONAL WATER QUAL. BD
EXECUTIVE OFFICER
SUITE B
9771 CLAIREMONT MESA BLVD
SAN DIEGO CA 92124
GUY MOORE JR
6503 EL CAMINO REAL
CARLSBAD CA 92009
CYRIL AND MARY GIBSON
12142 ARGYLE DRIVE
LOS ALAMITOS CA 90702
-.
JOHN LAMB
1446 DEVLIN DRIVE
LOSANGELES CA 90069
MARY GRIGGS
STATE LANDS COMMISSSION
SUITE 100 SOUTH
100 HOWE AVE
SACRAMENTO CA 95825-8202
SiN DIEGO COUNTY
PLANNING 8, LAND USE DEPT
JOAN VOKAC - SUITE B-5
5201 RUFFIN ROAD
SAN DIEGO CA 92123
ANTHONY BONS
25709 HILLCREST AVE
ESCONDIDO CA 92026
MR/MRS MICHAEL CARDOSA
6491 EL CAMINO REAL
CARLSBAD CA 92008
U.S. FISH & WILDLIFE SERVICES
2730 LOKER AVE WEST
CARLSBAD CA 92008
TABATA FARMS
PO BOX 1338
CARLSBAD CA 92018
KENNETH E SULZER
SANDAG - EXEC DIRECTOR
IST INT’L PLAZA, SUITE 800
401 B STREET
SAN DIEGO CA 92101
,
JAN SOBEL
CHAMBER OF COMMERCE
PO BOX 1605
CARLSBAD CA 92008
BILL MCLEAN
c/o LAKESHORE GARDENS
7201 AVENIDA ENCINAS
CARLSBAD CA 92009
SPIERS ENTERPRISES
DWIGHT SPIERS
SUITE 139
23 CORPORATE PLAZA
NEWPORT BEACH CA 92660
SUPERVISOR BILL HORN
A-ITN: ART DANELL
COUNTY OF SD, ROOM 335
1600 PACIFIC HIGHWAY
SAN DIEGO CA 92101
LEE ANDERSON
CRA PRESIDENT
5200 EL CAMINO REAL
CARLSBAD CA 92008
FLOYD ASHBY
416 LA COSTA AVE
ENCINITAS CA 92024
3EORGE BOLTON
$583 BLACKRAIL ROAD
ZARLSBAD CA 92009
-
City of Carlsbad
May 14,1999
Arie De Jong Jr. Family Trust
622 East Mission Road
San Marcos, CA 92069
TiNTATIVE MAP FOR CT 98-5
AND ZC 9tWkXiPA 980ilHDP 98-3KDP 98-26/V 984
Enclosed for your reference are copies of Carlsbad City Council Agenda Bill
No. 15,181, and Resolution 99-161. These documents went before the City
Council on May 11, 1999. The ordinances that were introduced at this meeting
will be going back before Council on May 18, 1999.
If you have questions concerning your project please contact Mr. Don Neu, in the
Planning Department, at (760) 438-l 161 extension 4446.
b&F Kathleen D. Shoup
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 @