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HomeMy WebLinkAbout1999-05-11; City Council; 15181; DeJong Project- - 0 6 CITY OF CARLSBAD - AGEIWA BILL RdA AB# /S,j&! m: DEPT. HD. )@& 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”. h 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: 1. 2. 3. 4. 5. 6. 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. d 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 8 9 10 11 12 13 14 15 16 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 20 21 22 23 24 25 26 27 Council held on the 11th day of *Y , 1999, and thereafter Ill Ill Iii ill Ill Ill 3 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 : ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -2- PROPERTY ZONE CHANGE ZC: 98-02 draft q \\ /I I/ u / 71 \Y I // JJ I \ 1 final q 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 I 1 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ;,’ : > . 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 6 1 2 3 4 5 6 7 8 9 10 11 ! li 13 :. . I 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 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.” . . . -2- 7 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 : ., r, nt City Clerk .j.mI T .I ' -3- 8 EXHIBIT 3 \ I \ J I DE JONG PROPERTY ZC 98902lLCPA 98-01 /CT 98-051 HDP 98=03/CDP 98=26/V 98-04 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 1. 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- 1 1 I 1 1 I 1 1 1 1 2 2 2 2 2 2 2 2 2 1 2 3 4 5 6 7 8 9 10 I1 .2 .3 .4 .5 .6 .7 8 9 ‘0 ‘1 12 13 :4 :5 :6 17 :8 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- r 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 ] f 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) cl cl cl Ix] cl 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 /K&e8 Date +&?$ Date I 2 Rev. 03/28/96 - F.NVRONMENTAL IMPACTS h 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: 4 b) cl 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 4 b) cl 4 e) 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 23 Rev. 03/28/96 3L ENVIRONMENTAL MI -3ATION MOillTORlNG CHECKLi: : PAGE 1 OF 6 7 t .* I e i 'j I : .a I c I 1 f s : E *z= d .s E u¶ ,- E i! s n F .- E m a ? Ha, >cz $2 3 E ‘0’ .- l? 2 a 2 3 .- r it m P ‘C 0 .z 2 .E a, s E 8 i! $ E 3 E 1 8 v) g E s 0. c 0 5 z .” P z 2 E 8 ‘;i 3 .= E . SB 54 3 II ; ?u m 0, n .z g :E ENVIRONMENTAL M, .GATION MONITORING CHECKLI ,‘: PAGE 2 OF 6 ..A PS SE F P .- .- :% E 2 DQ m _m z8 n a i I ) i i i ) 1 j i s 5 ai .2 6 “r - ;E z&lj gg.a 5; I g II E ;g G 0. ‘3 .gs .$I ; g’s I’ 4 $‘c 1 23 (I) E m CL 8 5 2 * .v, g! a E 8 ‘3 8 .C E . CB s%i 3: II 2 EU ma, n .m g g 38 ENVIRONMENTAL MI-SATION MONITORING CHECKLIc:: PAGE 3 OF 6 -.I-, P5~ UJ flj E $ P .- =% cm 5 f O8zi m En a F H .- h P n ENVIRONMENTAL M,:;ATION MONITORING CHECKLI. . : PAGE 4 OF 6 9’. IT. g :, ‘^ 5 ,gj t:s i, E *,.s ‘E _- b S 0 d B 2 5 b E i?- 5 2 E .- E s E 2 5 ‘Z= z a c .g 2 ‘E 7 g .- P E .8 CZC o-0 zs,jz +!:s . . f E ;.En gyg E 11 E f -.5!?,0n usgE,a g E ’ s 2 2 ENVIRONMENTAL MI 3ATlON MONITORING CHECKLILT : PAGE 5 OF 6 ENVIRONMENTAL MI-SATION MONITORING CHECKLI, _ : PAGE 6 OF 6 5 8 a s 3 e iz E m 2 P 8 ‘C In 0 .Z g E E 2 _m 5 n u 6 $j f s 2 tn 5: .Y E p! s 2 s I E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 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: .Lt3 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C - 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 1 2 3 4 5 6 7 8 9 10 11 12 13 .14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 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 8 9 10 11 12 13 14 15 /I Commission of the City of Carlsbad, as follows: 4 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 (I Findi-: 17 18 19 20 21 22 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 . . I 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - PLANNING COMMISSION RESOLUTION NO. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. 17. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Facilities and Services 6. 7. 8. 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. PC RESO NO. 4506 -6- 3-5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 4506 -7- 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. - 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. PC RESO NO. 4506 -8- 5-7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 4506 -lO- 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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. PC RESO NO. 4506 -1 l- ho 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 4506 -12- 6/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 4506 -13- &a 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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.” PC RESO NO. 4506 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. u PC RESO NO. 4506 -15- -, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 4506 -16- 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . 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. PC RESO NO. 4506 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 9 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 . PC RESO NO. 4507 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - . . 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/ - - 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 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. 73 - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 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 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - PASSED, APPROVED AND ADOPTED at a regular meeting of the 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 $250 worth of business trana,&ed with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? cl Yes cl X No If yes, please indicate person(s): Person is deflned as *Ally individual, iirm, co-partnership, joint venture, association, social club, fraternal organiration, corporation, estate, trust, recefver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.’ NOTE: Attach additional sheetsJf necessary. Arie IJejong, Jr. Print or type name of owner Anna P. Dejong Disclosure Statement 10196 33 bi “‘y:-, ;!‘-I; ;‘E” BY ;,” i d ;*g.tp ., .” , ,$.4 $ r q2jp,. ’ “<./ ss* ,./, ,‘-- “’ c- ,, ; c 3:* I 2 ~ II 1’ .- !“- ‘2 cc L’ - -4 I -ir ““WY? 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I- > -, 1, rn< :? l aa: ‘\i!:: ,..i’? 2: :“ -- < ()II’~ i( I’ /I \,“I f‘ -‘5gch ‘!I / ._ ?. j I9 : 1, ’ 2: .~ j_c’ :, c) i I kg : / _ fi Y, 2 1 :: : j ;- FfL d- :. 1) 2. --- , 15, ;- .~ :’ ) /I . --- --_~ ;;+A 1;. Irs -‘- ~.-. - - .~ .._- ‘f ‘l-.-~-;. I .- !:I 1” $1 I .J:yc . . .: r b I;.;.? 1 ‘I( ! *I”5 :; * z; .., ty ; ;;;i g: ‘:f $ ; zL.“‘: 1 $I- 2 ““b zc -$ ) j,Tl 5: y; y, 2 ;;if gi $ 1-g j$$ IS z; ;;: g cj: 2’: 4. > ‘.$--7 .-- .a: ;\ 5~:; 2: II : _ j .1--- r*> &> ‘, _ --v /. .~ -. i-- ;- -; ^ _ f-1 -< ! .__ _---- 1. _--- II ; p:+~;.--;- ~. -- 1 ; i-- ;~_i---------; .’ I . . 9 ,_ ;; :: ] 1 5 ; ;. : i :,c *,? ; $ i ; : i, f -z . ..__ .! Y --- 2..:3-:_ r-- I - ~-1 ! .A_. -- . . . ii .I ‘:.. ./ Lr y i.. ; ij c- T ;: :- :. :- ;- <. >. , \\; J ‘\ t . a; .’ x .; :’ i c . . . . . .\.T \. 2s .+.&&“;z:“~, ;g is ’ & .-y_-_ ‘\\ B 9 _‘, $6 G= -. ,,m-,.* FJ- _- I‘T / P 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 @