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HomeMy WebLinkAbout1999-08-10; City Council; 15349; Hadley Property%T- 8 CITY OF CARLSBAD -AGENDA BILL -5 & AB# $45 D: MTG. 8/10/99 DEPT. PLN # HADLEY PROPERTY ZC 98-1 OILCPA 98-07/CT 98-171 HDP 98-l 7/CDP 98-74 RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. , APPROVING ZC 98-10 and ADOPT Resolution No. 99 -&.I? 5 APPROVING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ZC 98-l 0, LCPA 98-07, CT 98-l 7, HDP 98-l 7, and CDP 98-74. ITEM EXPLANATION: On July 7, 1999, the Planning Commission conducted a public hearing and recommended approval of the Hadley Property by a vote of 7-O. The project site is located on the east side of Black Rail Road south of Poinsettia Lane and north of Aviara Parkway in the Coastal Zone and Local Facilities Management Zone 20. The proposed project is for the creation of a 38 let/37-unit single-family subdivision on a vacant 14.7 acre parcel. The project will consist of 37 single-family lots all with a lot area greater than 7,500 square feet. One open space lot is proposed with an area of 5.45 acres containing sensitive habitat. The applicant is requesting to purchase 6.5 affordable housing credits in the Villa Loma housing project to satisfy the projects affordable housing requirements under the City’s lnclusionary Housing Ordinance. 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). In addition, a Tentative Tract Map, Hillside Development Permit, and Coastal Development Permits are needed for the project. 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 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 projects 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, 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”. 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. PAGEZOFAGENDAiLLNO. is,3(-t? GROWTH MANAGEMENT STATUS: Facilities Zone 20 Local Facilities Management Plan 20 Growth Control Point 3.2 DWAC Net Density 2.9 DU/AC Special Facility Fee CFD No. 1 EXHIBITS: 1. City Council Ordinance No. & - 50 3 2. City Council Resolution No. 99 -=5 3. Location Map 4. Planning Commission Resolutions No. 4573,4574,4575,4576,4577, and 4578 5. Planning Commission Staff Report, dated July 7, 1999 6. Draft Excerpts of Planning Commission Minutes, dated July 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 ORDINANCE NO. NS-502 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 98-10 AND LOCAL COASTAL PROGRAM AMENDMENT CHANGING THE PROPERTY’S ZONING FROM L-C TO R-1-7,500-Q ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: HADLEY PROPERTY CASE NO.: ZC 98- 1 O/LCPA 98-07 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 Exhibit “BB” attached hereto and made a part hereof. SECTION 2: When effective, this ordinance will also constitute an amendment to the Local Coastal Program Land Use Map as shown on Exhibit “CC” attached to Planning Commission Resolution No. 4575 and made a part hereof. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the of day 1999, and thereafter. /Ill /Ill /Ill 3 I 1 t l( 11 1; 1: 1L 15 l( 15 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the of day AYES: NOES: ABSENT: ABSTAIN: 1999, by the following vote, to wit: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAJ4 -2- 4 PROPERTY ZONE CHANGE EXHIBIT “BB” July 7, 1999 ZC: 98-10 draft q final 0 UAnI CV DDT\PTDl-V I Relnt& Cast? File Nnlsl- , .--.-.-- ----. ..- ..- - . Legal Description(s): A portion of the south half of the southwest quarter of the southeast quarter of Section 22, Township 12 south, Range 4 west, San Bernardino base and meridian, in the County of San Diego, State of California, according to the United States Government Survey. LCPA 98-07KT 98- 17/HDP 98-17/GDP 98-74 Zone Change Property: From: To: A. 2 15-080- 19-00 L-C R-l -7,500-Q B. C. D. Attach additional pages if necessary Approvals Council Approval Date: Ordinance No: Effective Date: Signature: 5 c i E S 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,-. I RESOLUTION NO. 99-285 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, AND COASTAL DEVELOPMENT PERMIT TO CHANGE THE LAND USE DESIGNATION ON THE SITE FROM L-C TO R-1-7,500-Q, AND CREATE 37 RESIDENTIAL AND 1 OPEN SPACE LOT ON 14.7 ACRES ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA PARKWAY IN THE COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 20 CASE NAME: HADLEY PROPERTY CASE NO.: ZC 9%lO/LCPA 9&07/CT 98-17/HDP 98-l 7 CDP 98-74 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on July 7, 1999, the Carlsbad Planning Commission held a duly 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, and Coastal Development Permit to grade and subdivide 14.7 acres into 38 lots, and adopted Resolutions 4573, 4574, 4575, 4576, 4577, and 4578 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, and Coastal Development Permit be approved; and WHEREAS, the City Council of the City of Carlsbad, on 10 th day of August , 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, and Coastal Development Permit; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 4 4 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval oi the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change 98-10, Local Coastal Program Amendment 98-07, Tentative Tract Map 98-17, Hillside Development Permit 98-17, and Coastal Development Permit 98-74 is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 4573, 4574, 4575, 4576, 4577, and 4578 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 within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court 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- h. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 10 day of Auqust 1999, by the following vote, to wit: AYES:Council Members Lewis, Nygaard, Hall & Kulchin NOES: Council Member Finnila ABSENTINone Al-TEST: &L&HA L. &QP!NK*z, City Clerk KAREN R. KUNDTZ,Assistant City Clerk (SEAL) -3- EXHIBIT 3 HADLEY PROPERTY ZC 98-1 O/LCPA 98907lCT 98-171 HDP 98917lCDP 98-74 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 EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 4573 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 14.7 ACRES INTO 38 LOTS ON PROPERTY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20 CASE NAME: HADLEY PROPERTY CASE NO.: ZC 98-lO/LCPA 98-07/CT 98-17/HDP 98- 17KDP 98-74 WHEREAS, Spectrum Communities, L.L.C., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Paul and Peggy Hadley Family Trust, “Owner”, described as A portion of the south half of the southwest quarter of the southeast quarter of Section 22, Township 12 south, Range 4 west, San Bernardino base and meridian, in the County of San Diego, State of California, according to the United States Government Survey. (“the Property”); and WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 7th day of July, 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, 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. I6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I 18 19 20 21 22 23 24 25 26 27 28 -.. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of the Mitigated Negative Declaration according to Exhibit “ND” dated April 1, 1999, and “PII” dated March 24, 1999, and the Mitigation Monitoring and Reporting Program attached hereto and made a part hereof, based on the following findings: Findings: 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 Prqgram 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. Conditions: 1. The Developer shall implement, or cause the implementation of the Hadley property Mitigation Monitoring and Reporting Program. PC RESO NO. 4573 -2- 11 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 July, 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: I COURTNEY E. Hm, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HxZMtiER Planning Director PC RESO NO. 4573 -3- /a - City of Carlsbad MITIGATED NEGA’I’IVJ? DECJAJaTJON Project Address/Location: The project site is located adjacent and east of Black Rail Road and 1200 feet south of future Poinsettia Lane, Carlsbad, California. and is identified by Assessors Parcel Number 2 15-080- 19-00. Project Description: Proposed Local Coastal Program Amendment and Zone Change to change the land use designation from Limited Control (L-C) to One- Family Residential, 7,500 square foot lot size minimum (R-1-7,500), with a Qualified Overlay Zone(-Q), on a 14.7 acre parcel of land. Also proposed is a Tentative tract map to create 38 residential lots and one 5.45 acre open space lot, a Hillside Development Permit, and a Coastal Development Permit. 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 Pahnas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Plaiming Department within 30 days of date of issuance. If you have any questions, please call Van Lynch in the Planning Department at (760) 438-l 161, extension 4447. DATED: APRIL 1,1999 CASE NO: ZC 98-l O/ LCPA 98-071 CT 98- 17/ HDP 98- 19/ CDP 98-74 CASE NAME: HADLEY PROPERTY PUBLISH DATE: APRIL 1,1999 2075 La Palmas Dr. l Carlsbad, CA 92009-1576 - (760) 438-l 161 - FAX (760) 438-0894 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: ZC 98-lo&CPA 98-07/CT 98-l 7,‘HDP 98-19/GDP 98-74 DATE: March 24. 1999 BACKGROUND 1. CASE NAME: Hadlev Propertv 2. APPLICANT: Snectrum Communities. L.L.C. 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 15375 Barranca Parkwav. Suite B-21 l= h-vine CA 92618 (949) 753-8400 4. DATE EIA FORM PART I SUBMITTED: October 16,1998 5. PROJECT DESCRIPTION: Pronosed Local Coastal Prosram Amendment and Zone Change to change the land use designation from Limited Control (L-C) to One-Familv Residential. 7.500 sauare foot lot size minimum (R-1-7.500). with a Oualified Overlay Zone(-Q). on a 14.7 acre parcel of land. Also DrODOSed is a Tentative tract man to create 37 residential lots and one onen snace lot. a Hillside DeveloDment Permit. and a Coastal Develonment Permit. The nroiect site is located adiacent and east of Black Rail Road and 1200 feet south of future Poinsettia Lane and is identified by Assessors Parcel Number 2 15-080- 19-00. 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 IXI Transportation/Circulation 0 Public Services cl Population and Housing El Biological Resources 0 Utilities & Service Systems cl Geological Problems 17 Energy & Mineral Resources 0 Aesthetics 0 Water IXI Hazards IXI Cultural Resources q Air Quality cl Noise cl .Recreation Ix] Mandatory Findings of Significance 1 Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) q El El Ix] 17 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. Planner S&ature 3-2c( -74 Date Planning Dire&&s Si&&ature Date 1 2 Rev. 03/28/96 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. l 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. l “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. l “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. l “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. l Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but & 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). l 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. 3 Rev. 03/28/96 l 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. 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. 0 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 03128196 Issues (and Supporting Information Sources). I. a> b) c> d) 4 II. a) b) cl III. a> b) 4 d) e> fl g) h) 0 LAND USE AND PLANNING. Would the proposal:. 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 III-74 - III -87) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-l - 5.6-18; #2: Pgs III -74 - III -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) POPULATION AND HOUSING. Would the proposal: Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-l - 5.5-6; #2: IV-I) 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; #2: IV-l) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-l - 5.5-6) GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: Fault rupture? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-112 - III- 118; #4) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs 111-l 12 - III-1 18; ##4) Seismic ground failure, including liquefaction? ((#l:Pgs 5.1-1 - 5.1.15; #2: Pgs III-112 - 111-118; #4) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-l - 5.1-15;#2: Pgs III-112 - 111-118; #/4) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs 111-l 12 - III-1 18; #4) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-112 -111-118; #4) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-1 12 - III-I 18; ##4) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-112 - III -118; #4) Unique geologic or physical features? (#l:Pgs 5. l-l - 5.1-15; #2:Pgs III -112 - III -118; #4) Potentially Significant Impact q q q q q q q q q q q q q q q q q Potentially Significant Unless Mitigation Incorporated q q q q q q q 0 q q q 0 q q q q q Less Than Significant Impact q q q q q q q q No Impact lxl lxl lxl (XI IXI El IXI lxl LIEI. cl El q Ia q lxl q lxl q la q Ix1 q lxl q IXJ 5 Rev. 03/28/96 - Issues (and Supporting Information Sources). IV. a> b) c> 4 e) f) s> h) i) V. a> b) cl 4 VI. 4 b) cl 4 e) WATER. Would the proposal result in: Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff’? (#l:Pgs 5.2-l - 5.2- 11; #6) Exposure of people or property to water related hazards such as flooding? ((#l:Pgs 5.2-l - 5.2-I 1; #6) 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; #6) Changes in the amount of surface water in any water body? ((#l:Pgs 5.2-l - 5.2-11; #6) Changes in currents, or the course or direction of water movements? ((#l:Pgs 5.2-l - 5.2-l 1; #6) 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; #6) Altered direction or rate of flow of groundwater? ((#l:Pgs 5.2-l - 5. 2-11; #6) Impacts to groundwater quality? ((#l:Pgs 5.2-l - 5. 2- 11; #6) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-l - 5.2-l 1) AIR QUALITY. Would the proposal: Violate any air quality standard or contribute to an existing or projected air quality violation? (#I :Pgs 5.3- 1 - 5.3-12; #2: Pgs 28-36) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-l - 5.3-12; #2: Pgs 28-36) Alter air movement, moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-l - 5.3-12; #2: Pgs 28-36) Create objectionable odors? (#l:Pgs 5.3-l - 5.3-12; #2: Pgs 28-36) TRANSPORTATION/CIRCULATION. Would the proposal result in: Increased vehicle trips or traffic congestion? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69) 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-58 - 111-69) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69) 6 Potentially Significant Impact q q q q q q q q q El q q q El q q q q Potentially Significant Unless Mitigation Less Than Significant Impact q q q q q q q q q q q q q q q q q q No Impact Ix) (XI lxl lzl lxl (XI Ia lxl IXI q lxl lxl lxl q lxl Ix1 Ix] El Rev. 03/28/96 Issues (and Supporting Information Sources). f) g> VII. 4 b) c) 4 4 VIII. a) b) c) IX. 4 b) cl 4 e) X. a) 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 - 111-69) Rail, waterborne or air traffic impacts? (# 1 :Pgs 5.7- 1 - 5.7.22; #2: Pgs III-58 - 111-69) Potentially Significant Impact q q Potentially Significant Unless Mitigation Incorporated q q I8 q lxl q lzl q q q q q El lxl q q q q q q q q q q q q q q q q q II lxl l-xl BIOLOGICAL RESOURCES. Would the proposal result in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? (#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 - 111-57; #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-l - 5.4-24; #2: Pgs III-37 - 111-57; #3) q q q q q q q q q q q q q q q lzl q lxl q ENERGY AND MINERAL RESOURCES. Would the proposal? Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) Use non-renewable resources in a wasteful and inefficient manner? (#l:Pgs 5.12.1-1 -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 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) lxl IXI lxl HAZARDS. Would the proposal involve: A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#l:Pgs 5.10.1-l - 5.10.1-5) Possible interference with an emergency response plan or emergency evacuation plan? (#l:Pgs 5.10.1-l - 5.10.1-5) The creation of any health hazard or potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5; #2: Pgs III-97 - III- 105; #5) 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; #5) Increase fire hazard in areas with flammable brush, grass, or trees? (#l:Pgs 5.10.1-l - 5.10.1-5) NOISE. Would the proposal result in: Increases in existing noise levels? (#l:Pgs 5.9-l - 5.9- 15; #2: Pgs III-88 - 111-96) El lzl q q lxl Ix1 7 Rev. 03128196 Less Than Significant Impact No Impact Issues (and Supporting Information Sources). Potentially Potentially Less Than .No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated b) Exposure of people to severe noise levels? (#l:Pgs 5.9- 1 - 5.9-15; #2: Pgs III-88 - 111-96) q q q lxl XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6) b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) c) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) d) Maintenance of public facilities, including roads? (#l, pgs 5.12.1-1 - 5.12.8-7) e) Other governmental services? (#l:Pgs 5.12.1-I - 5.12.8-7) q q q lxl q q q lxl q q q lxl q q q lxl q q XII. 4 b) cl 4 e) f) 8) UTILITIES AND SERVICES SYSTEMS. Would the 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 & 5.13-1 - 5.13-9) q q Communications systems? (#l; pgs 5.12.1-1 - 5.12.8-7) q q Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) q q Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) q q Storm water drainage? (#l:Pg 5.2-8) q q Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) q q Local or regional water supplies? (#l:Pgs 5.12.2-l - 5.12.3-7) q q XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#l:Pgs 5.11-I - 5.11-5; #2: Pgs III-119 - 111-151) q q b) Have a demonstrate negative aesthetic effect? (#l:Pgs 5.11-I -5.11-5;#2:PgsIII-119-111-151) q q c) Create light or glare? (#l:Pgs 5.11-I - 5.11-5; #2: Pgs III-119 - 111-151) q q XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (#l:Pgs 5.8-l - 5.8- 10; #2: Pgs III-106 - 111-107) b) Disturb archaeological resources? (#l:Pgs 5.8-l - 5.8- 10; #2: Pgs III-70 - 111-73, #7, #8) c) Affect historical resources? (#l:Pgs 5.8-l - 5.8-10; #2: Pgs III-70 - 111-73) d) 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) 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) q lxl q lxl q q q q q q q lxl q IXI q El 0’ lxl q lxl q lxl q lxl q lxl q lxl q El q El q q q q q lxl q El q lxl 8 Rev. 03128196 Issues (and Supporting Information Sources). xv. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-l - 5.12.8-7) b) Affect existing recreational opportunities? (#l:Pgs 5.12.8-1 - 5.12.8-7) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or 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? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact q q q q Potentially Less Than No Significant Significant Impact Unless Impact Mitigation Incorporated q q El q lxl q lzl q IXI q q q q q q Rev. 03/28/96 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 #I 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. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING The project site is 14.7 acres in size and is located on the east side of Black Rail Road and 1,200 feet south of future Poinsettia Lane. The project consist of 37 single-family lots with a minimum lot area of 7,500 square feet and a 5.45 acre open space lot. The site contains southern mixed chaparral, southern coast live oak riparian forest, and disturbed or agricultural habitats. The topography onsite consists of flat terrain in the western portion that slopes relatively steeply into a canyon in the eastern portion of the property. Elevations range from a low in the canyon in the eastern portion of approximately 290 feet above mean sea level (AMSL) to the highest point in the western portion of approximately 375 feet AMSL. The entire 14.7 site is designated as Residential Low-Medium Density (RLM O-4 DU/AC) 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) to correspond to the existing general plan land use designations. An irrevocable offer of dedication will be required over the open space lot. In addition to approval of the tentative map application, a hillside development permit and coastal development permit are being requested. II. ENVIRONMENTAL ANALYSIS A. 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 11 Rev. 03128196 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 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 370 average daily trips. Conditions of project approval will include constructing a portion of Black Rail Road along the project frontage. 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-O 1, 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. 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 5 15 162 of the CEQA Guidelines a lead agency must prepare a “Subsequent”‘environmenta1 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 which 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. T’he 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 12 Rev. 03/28/96 - the intersection “short-term improvements” thereby, guaranteeing mitigation to a level of insignificance. 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 Hadley Property, City of Carlsbad, San Diego County, California,” dated September 21, 1998 by Dudek & Associates has been prepared for the project. The biology report for the Hadley property determined that implementation of the project would result in the direct loss of 10.12 acres, including impacts to the following habitat types: n 0.0 acre of coastal sage scrub - less than significant n 0.32 acre of southern maritime chaparral - significant H 9.8 acres of agricultural land - less than significant Below is a table that summarizes the impacts to the various plant communities onsite. Plant Community Southern Maritime Chaparral Coast Live Oak Riparian Forest Disturbed or Existing Acreage Direct Impacts Open Space 4 .32 3.68 0.2 0 0.2 10.5 9.8 0.7 Agricultural Habitat Totals 14.7 10.12 4.58 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 0.32 acre of southern maritime chaparral. Although the project results in the loss of 0.32 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 4.58 acres of predominately native habitats. The Hadley property is located within Core Area 6 of the Carlsbad Draft HMP 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 13 db Rev. 03/28/96 proposed to provide 31 percent preservation, with the native habitats onsite proposed to provide approximately 92 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 or coastal sage scrub; 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. Mitigation Measures 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 Lot Number 38 of the tentative map. This covers over 92 percent (3.68 acres) of the southern maritime chaparral on the Hadley 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 wart-stemmed ceanothus, and Nuttall’s scrub oak occurring onsite. In addition, the following mitigation measures will be implemented: 1. To mitigate potential disturbances to the California gnatcatcher, the grading operations within 100 feet of the proposed open space area shall 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. 2. 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 38. 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. 3. The Developer shall dedicate to the Homeowner’s Association on the final map, an open space maintenance easement over Lot 38 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, and erosion prevention and remediation. A note to this effect shall be placed on the non- mapping data sheet of the final map, 4. Removal of native vegetation and development of Open Space Lot 38, 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 tire 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 arborist/botanist indicating the need to remove specified trees and/or plants because of 14 Rev. 03/28/96 /- 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. 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. A Phase I Environmental Site Assessment was conducted on the site and determined that the overall potential for signiticant agricultural hazardous material or contamination onsite was low, however the uncertainty of potential environmental concerns cannot be eliminated. The following mitigation measures shall be implemented to lessen this potential impact to a level of less than significant as recommended by the Site Assessment and 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. 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 All projects located within 500 feet of existing/future Poinsettia Lane or within the McClellan- Palomar Airport Influence Area are required to analyze the projected noise impacts. Because the property is approximately 1200 feet south of future Poinsettia Lane and located south of the McClellan-Palomar Airport Influence Area, a noise study was not prepared for the project. The property is within a three-mile radius of the airport. The following noise mitigation measures are required for the project: 1) 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 15 Rev. 03/28/96 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). XIV. a) Cultural Resources - Paleontology According to the Zone 2.0 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 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. b) Cultural Resources - Archaeology The Zone 20 EIR identifies a portion of a level 3 (potentially signiticant) cultural resource site on the property which warrants a preliminary significance evaluation to be conducted by a qualified archeologist. The test excavations conducted on March 19, 1999 found that the site contains a limited range of artifacts/ecofacts and is in an area of shallow soils that have been extensively disturbed by agricultural activities. The site tested has been determined to be not important (as defined by CEQA). There is a potential for the discovery of artifacts during future grading activities and the archaeological report recommends the monitoring of the site during grading activities. The following mitigation measures shall be implemented prior to future grading of the site to reduce potentially significant impacts on the archaeological resources to an acceptable level: A. A qualified archaeologist shall be retained to perform inspections of the site during the clearing and initial stages of grading to review any exposed deposits and to determine there significance. The archaeologist shall make periodic reports to the Planning Director during the grading process. 16 Rev. 03/28/96 III. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on tile in the City of Carlsbad Planning Department located at 2075 Las Palmas Drive, Carlsbad, California, 92009, (760) 438-l 161, extension 4447. 1. 2. 3. 4. 5. 6. 7. 8. “Final Master Environmental Impact Report for the City of Carlsbad General Plan Update” (MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department. “Final Program Environmental Impact Report for the Zone 20 Specific Plan” (EIR 90-03), dated June 1992, Brian F. Mooney Associates. “Biological Resources Report and Impact Analysis for the Hadley Property, City of Carlsbad, San Diego County, California”, dated September 2 1, 1998, Dudek &. Associates, Inc. “Geotechnical Reconnaissance, Hadley Property, City of Carlsbad, California” (W. 0. 2541-A- SC), dated September 10, 1998, GeoSoils, Inc. “Phase I Environmental Site Assessment, Hadley Property, City of Carlsbad, San Diego County, California” (W. 0. E2541SC), dated October 6, 1998, GeoSoils, Inc. “Hydrology Study for Hadley Property in the City of Carlsbad” (W.O. 2239-Ol), September 16, 1998, Hunsaker & Associates, Inc. “Cultural Resources and Elevation of the Hadley and Carnation Properties in the City of Carlsbad, San Diego County, California”, December 1998, RMW Paleo Associates. “Letter Report of Archaeological Test Excavations on CA-SDI-6819”, Carlsbad San Diego County, California, March 23, 1999, RMW Paleo Associates. LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. The Developer shall provide on the final map an irrevocable offer of dedication to the city of Carlsbad or an acceptable entity for an open space/conservation easement over Lots No. 38 of the tentative map. 2. 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. 3. Concurrent with the recordation of the final map the Developer shall provide and record a deed restriction over Lot No. 38 in its 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 tentative map, biological revegetation program, and landscape plan as shown on the project exhibits of the tentative map. 17 Rev. 03/28/96 30 4. Concurrent with the recordation of the final map the Developer shall dedicate, in fee title, Lot 38 to the Homeowners Association and dedicate an open space easement to the Homeowners Association or other entity acceptable to the City over the Lot No. 38 as shown on the project exhibits of the tentative map. 5. Lot 38 shall be maintained by the Homeowners Association or other entity acceptable to the City. 6. 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. 7. 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. 8. 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). 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; 18 Rev. 03/28/96 3J - 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. 10. A qualified archaeologist shall be retained to perform inspections of the site during the clearing and initial stages of grading to review any exposed deposits and to determine there significance. The archaeologist shall make periodic reports to the Planning Director during the grading process. 11. The Developer shall pay his fair share for the “short-term improvements” to the El Camino Real/ Palomar 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 20 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) See attached APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT 1 HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature 19 Rev. 03/28/96 ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 1 of 5 “0 .- 5 -- ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 2 of 5 f s 0 d 3 $ s 8 E it- E 2 E .- iz 5 E x ‘0 Kl P r .6 al .S 5 E : E? ; :g CP c 0-o ‘g g ‘s o-0 UJ :z c 3 Em3 $j” gf g8g zs-0 935 E g;.g$ p” i?GiJ II E, 5 -.!c?men USECn g ‘- a E ’ >” 2 2 5 g = $ .- 3 ‘+z zi E m 1 F 8 ‘C .g 0 e .T. i5 E i! s 6 CL c a 0 z 6 2 5 v) Q .E L g! 6 7 5 g ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 3 of 5 d 3 i f b E - 2 92 E” 7 .- g s E 2 ‘0 0 ‘S - c .b g .- E 8 P f :g c;:r o-0 ‘= m + mu 0 ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 4 of 5 F’s p 5 E *E F F F .- .- .- YE c sg E E E err z; a m m s a n n d 3 2 5 b E - al E = s E .- 0 s E B ‘0 I s= .c 8 .- E 3 n 5 5 G .v, P z z E s ‘L; .B .= E ’ cx 2% 3: II c m I-0 s u “, .$j 0 .E ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 5 of 5 J ig !iT i F a.E oil .- F P .- ‘E ‘$ g b ii E i! 2 ‘6 m .- a nh a P W ” F .- :aJ ! 23 E 5 5 5 ; I- .p .g .g .!& E e P 2 2 E’ n n n a 3 5 5 0 d 9 E 5 5 E - 0 E 5 2 E .- I 5 E 2 g 0 .= ’ c 8 .E &’ E z g .- F Eti8 595 ‘y $j z B 2 3 E 3 .- s (I E (II 2 P 8 ‘g -2 .Z 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. 4574 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- QONPROPERTYGENERALLYLOCATEDONTHEONTHE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: HADLEY PROPERTY CASE NO: ZC 98-10 WHEREAS, Spectrum Communities, L.L.C., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Paul and Peggy Hadley Family Trust, “Owner”, described as A portion of the south half of the southwest quarter of the southeast quarter of Section 22, Township 12 south, Range 4 west, San Bernardino base and meridian, in the County of San Diego, State of California, according to the United States Government Survey. (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit(s) “AA” dated July 7, 1999, attached hereto and made a part hereof, HADLEY PROPERTY - ZC 98-10 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 7th day of July,. 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 Commission as follows: A) That the foregoing recitations are true and correct. 38 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 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of HADLEY PROPERTY - ZC 98-10 based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. That the proposed Zone Change from Limited Control (L-C) to One-family Residential, 7,500 square foot lot size minimum, Qualified Development Overlay Zone (R-1-7,500-Q) is consistent with the goals and policies of the various elements of the General Plan, in that the proposed zone replaces the L-C Zone which is intended to be an interim zone. The proposed zone is consistent with the RLM designation required for the property by the Zone 20 Specific. Plan which was earlier found to be consistent with the General Plan. 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 designation shown on Exhibit “AA” implements the existing RLM General Plan Land Use Designation. The residential uses allowed by the proposed zone change are compatible with surrounding and future residential and agricultural uses. 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. Conditions: 1. Approval of ZC 98-10 is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and LCPA 98-07. ZC 98-10 is subject to all conditions contained in Planning Commission Resolutions No. 4573 and 4575, the Mitigated Negative Declaration and Mitigation Monitoring and’ Reporting Program and LCPA 98-07. 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 the 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, PC RESO NO. 4574 -2- 37 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 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 July, 1999, by the following vote, to (I wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4574 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4575 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 ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA PARKWAY CASE NAME: HADLEY PROPERTY CASE NO: LCPA 98-07 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, Spectrum Communities, L.L.C., “Developer”, has filed a verified application regarding property owned by Paul and Peggy Hadley Family Trust, “Owner”, described as A portion of the south half of the southwest quarter of the southeast quarter of Section 22, Township 12 south, Range 4 west, San Bernardino base and meridian, in the County of San Diego, State of California, according to the United States Government Survey. (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit VC” attached hereto and made a part hereof, dated July 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 7th day of July, 1999, hold a duly noticed public hearing as prescribed by law to consider said request; 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 C 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 any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: II 4 B) That the foregoing recitations are true and correct. At the end of the State mandated six week review period, starting on April 16, 1999, and ending on May 28, 1999, staff had received no public comments on the proposed Local Coastal Program Amendment. Cl That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of HADLEY PROPERTY - LCPA 98-07 based on the following findings, and subject to the following conditions: Findings: 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 of the City’s General Plan Land Use Map, Zoning Map (as amended), and Mello II.Land Use Plan into conformance. 3. That the project is conditioned to provide the payment of an agricultural conversion mitigation fee which will mitigate the loss of agricultural resources by preserving or enhancing other important coastal resources. 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 the 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 tile the protest and any other required information with the City Manager for PC RESO NO. 4575 -2- 44 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 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 July, 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director. PC RESO NO. 4575 -3- 43 LOCAL COASTAL PROGRAM EXHIBIT “CC” JULY 7, 1999 LCPA: 98-07 draft IsI final q \I ‘\, Dminrt NSWWS UAnl CV DRnDFRN I Ralatd C~CP Fib N&c\* * I”,“Y.I.~III”. IIT\YLbI I I.VI -a.. I . .W.W.V” -,a”” m ..” ..” Y . Property/Legal Description(s): ZC 98-lo/CT 9% 17/HDP 98- 17KDP 98-74 A portion of the south half of the southwest quarter of the southeast quarter of Section 22, Township 12 south, Range 4 west, San Bernardino base and meridian, in the County of San Diego, State of California, according to the United States Government Survey. LCPA Map Designation Change Property From: To: A. 215-080-l 9-00 L-C R-l -7,500 - Q B I c. I D. Attach additional pages if necessary Approvals Council Approval Date: Resolution No: Effective Date: Signature: 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. 4576 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT NUMBER CT 98-17 TO SUBDIVIDE 14.7 ACRES INTO 38 LOTS ON PROPERTY ‘GENERALLY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20 CASE NAME: HADLEY PROPERTY CASE NO.: CT 98-17 WHEREAS, Spectrum Communities, L.L.C., “Developer”; has filed a verified application with the City of Carlsbad regarding property owned by Paul and Peggy Hadley Family Trust, “Owner”, described as A portion of the south half of the southwest quarter of the southeast quarter of Section 22, Township 12 south, Range 4 west, San Bernardino base and meridian, in the County of San Diego, State of California, according to the United States Government Survey. (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibit(s) “A” - “N” dated July 7, 1999, on file in the Planning Department HADLEY PROPERTY - CT 98-17, as provided by Title 20 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of July, 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 a 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) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of HADLEY PROPERTY - CT 98-17, based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. 5. 6. 7. 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 configuration and have been designed to comply with all other applicable City regulations. That the proposed project is compatible with the surrounding future land uses since surrounding properties to the north, south and east are designated for single-family residential development on the General Plan, in that they are designated as Residential Low-Medium (RLM). The property to the east is designated RLM with open space adjacent to the western boundary. 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. 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 easements that conflict with the proposed development. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 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. 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 PC RES0 NO. 4576 -2- r3-lp 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 8. 9. 10. 11. against the public service needs of the City and available fiscal and environmental resources. 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. 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 Elimination System (NPDES) requirement. 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. G. Land Use - The project is consistent with the City’s General Plan since the proposed density of 2.9 ddacre is within the density range of 0-4 ddacre 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 project site is beyond the noise generating sources of Poinsettia Lane and Palomar Airport and no mitigation measures are required. 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 6.5 affordable housing credits in Villa Loma. Open Space and Conservation - The proposed project will provide 5.45 acres of open space within an open space lot to preserve an area containing sensitive habitat. 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 38. Parks and Recreation - The proposed project has been conditioned to pay park-in-lieu fees prior to final map. 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: PC RES0 NO. 4576 -3- 47 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 12. 13. 14. 15. 16. 17. 18. A. B. C. D. E. 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. The project has been conditioned to provide proof from the Carlsbad School District that the project has satisfied its obligation for school facilities. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or are required as conditions of approval. 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. 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. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. That the property cannot be served adequately with a public street without a panhandle lot due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that the depth of the developable area of property with the minimum lot width of 60-feet would exceed the depth to width ratio of 31. 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 contain sensitive vegetation and will not be developed. That the buildable portion of the lot consists of an area of 10,340 square feet, which exceeds the 8,000 square foot minimum requirement of Section 21.10.080(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 “Hadley Property Panhandle Lot Setback and Fire Suppression Zone Limits”, 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 -4- 48 PC RES0 NO. 4576 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 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. 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, fi-om 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 Exhibits 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. Facilities and Services 6. The final map shall not be approved unless the City Council finds as of the time of such approval that sewer and water service available to serve the subdivision. 7. 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 fulfill the developer’s/subdivider’s agreement to pay the public facilities fee dated September 29, 1998, a copy of which is on file with the City -5- 4 PC RES0 NO. 4576 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 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. 8. 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. 9. 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.’ 10. 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 Conditions 11. 12. 13. 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. Approval of CT 98-17 is granted subject to the approval of ZC 98-10, LCPA 98-07, HDP 98-17, CDP 98-74, and the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. CT 98-17 is subject to all conditions contained in the Planning Commission Resolutions No. 4574, 4575, 4577, 4578, and 4573 for ZC 98-10, LCPA 98-07, HDP 98-17, CDP 98-74, and the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions (CC&Rs). 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 provisions: A. General Enforcement bv 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 Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots andor the Association’s Easements” as provided in Article the City shall have the right, but not the duty, to perfom 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 , Section PC RES0 NO. 4576 -6- 50 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. 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. Suecial Assessments Levied bv 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 hisher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. D. The CC&Rs shall prohibit the storage of recreational vehicles in the required front yard setback. E. Lots 1, 37, 26, & 27 shall record specific sight distance deed restrictions to maintain and keep clear the sight distance corridors as shown on the tentative map and also identified on the final map for this project: "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. I' 14. 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, and PC RES0 NO. 4576 -7- 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 Coastal Development Permit by Resolutions No. 4576, 4577 and 4578 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. 15. 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. LandscaDe 16. 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. 17. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s building, improvement, and grading plans. Miscellaneous Planning Conditions 18. 19. 20. 21. 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) to obtain any permits required by the USWFS. 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 6.5 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. The Developer shall provide on the final map an irrevocable offer of dedication to the City of Carlsbad or an acceptable entity for an open space/conservation easement over Lots No. 38 of the tentative map. Concurrent with the recordation of the final map the Developer shall provide and record a deed restriction over Lot No. 38 in its entirety to prohibit any PC RES0 NO. 4576 -8- 52 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 22. 23. 24. 25. 26. 27. 28. _- 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 tentative map, biological revegetation program, and landscape plan as shown on the project exhibits of the tentative map. Lot 38 shall be maintained by the Homeowners Association or other entity acceptable to the City. Removal of native vegetation and development of Open Space Lot(s) 38 including abut 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” - “N”, 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 arbonsthotmist indicating the need to remove specified trees andor 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. 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 20 LFMP fee, the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. The Developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. 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.) The Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). Engineering NOTE: Unless specifically stated in the condition, all of the following engineering conditions upon the approval of this proposed major subdivision must be met PC RES0 NO. 4576 -9- 53 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 29. 30. 31. 32. 33. 34. prior to approval of a final map. 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 non - mapping sheet of the Final Map (and in the CC&Rs). FeedAgreements 35. 36. 37. 38. The developer shall pay all current fees and deposits required. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. 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. This project is within the boundary of the Aviara Parkway - Poinsettia Lane Bridge and Thoroughfare Fee District. This project is required to pay a fair share contribution towards the construction of The District Facilities in accordance with the proposed fee program. 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 developer must submit PC RES0 NO. 4576 -10- 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 and receive approval for grading plans in accordance with city codes and standards prior to issuance of a building permit for the project.) 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. No grading for private improvements shall occur outside the limits of the subdivision unless a grading or slope easement or agreement is obtained from the owners of the affected properties and recorded. If the developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case the developer must either mend the tentative map or modify the plans so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. Dedicationsflmm-ovemerlts 42. 43. 44. 45. 46. 47. 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. 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. 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 as shown on the tentative map and in conformance with City of Carlsbad Standards. Prior to issuance of building permits, the developer shall underground all existing overhead utilities adjacent to and within the subdivision boundary. Direct access rights for all lots abutting Black Rail Road shall be waived on the final map. Access rights for Lots 26 & 27 shall also waive access to "B" Street as shown on the tentative map. 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. PC RES0 NO. 4576 -1 1- 55 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 48. 49. 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. Plans, specifications, and supporting documents for all public improvements shall be 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: A. Black Rail Road as a 60’ collector along the frontage of this subdivision. Offsite transitions are required to provide a smooth and safe transition to existing improvements. B. The offsite connection of Docena Street as a 46’ wide hillside street as shown on the tentative map. C. Sewer, Water and Public Utilities to serve this subdivision as shown on the tentative map. D. Storm drains and flexible check dams across lot 38 (2 areas) as shown on the tentative map and downstream to control erosive velocity of drainage. 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. 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 gradinghmprovement plans for the project. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing andor radially designed rip-rap, or other means deemed appropriate, as a method of preventing vegetation growth directly in front of the pipe outlet, to the satisfaction of the Director of Public Works. Final Mau Notes 50. Note(s) to the following effect(s) shall be placed on the final map as non-mapping data: PC RES0 NO. 4576 -12- 9.b 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 - Fire 51. 52. 53. 54. Water 55. 56. 57. 58. 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 comdor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition. Buildings located on Lots 12 through 23 shall be protected by residential fire sprinkler systems. Water mains shall be designed to deliver a minimum of 1500 gallons per minute for fire protection purposes. Fire Hydrants shall be located at lots 1,6,11, and 13. Zones A-2 and A-3 of the fire protection landscape plan shall be modified to provide only low growing, low fuel species exclusively. Landscape restrictions proposed in Zone A-1 are not required. Sequentially, the Developer’s Engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire protection requirements. 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. The Developer will be expected to 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 at the time of first formal plan check submittal. 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. The DeveloperDeveloper’s Engineer shall meet with the District Engineer or his representative for a preliminary review of potable water, recycled water and sewer facility requirements. 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 minimum 20-foot wide easements granted to the District or the City of Carlsbad (minimum 30-foot wide for General Utility easements.) PC RES0 NO. 4576 -13- 57 1 L - 4 4 - 6 1 E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~~~ 59. 60. 61. 62. All potable water and recycled water meters shall be placed within public right of way. 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 for each pressure zone. The Developer will be required to provide a connection to the potable water system in “G” Street, Aviara Phase I11 and in Black Rail Road. The Developer will be required to provide and obtain a minimum 20-foot wide sewer easement for the sewer main necessary to serve the east end of the subject property. The sewer will connect to the existing sewer main in “G” Street, Aviara Phase 111. The water and sewer connections to “G” Street may be provided for within a 30-foot General Utility easement with the approval of the District Engineer. The following note shall be placed on the final 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”. General: 63. 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. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 64. 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. 65. Some improvements shown on the tentative map andor 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. 66. The tentative map approval shall expire twenty-four (24) months from the date of the resolution containing the final decision for tentative map approval. PC RES0 NO. 4576 -14- 5g 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 67. 68. 69. 70. 71. 72. The developer shall exercise special care during the construction phase of this project to prevent off-site siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. 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. 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 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. 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 2 1.90. The land use designation for this development is 3.2 dwelling units per non-constrained acre. Parcels 1 - 38 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 - 38 under the General Plan and Chapter 21.90 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 from the 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 RES0 NO. 4576 -15- 1 2 6 7 8 9 10 11 12 13 14 15 16 17 18 ,19 20 21 22 23 24 25 26 27 28 Commi si n PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning f the City of Carlsbad, California, held on the 7th day of July, 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: COURTNEY E. HEmMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. H~ZMIL~R Planning Director PC RES0 NO. 4576 -16- 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. 4577 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF ‘BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: HADLEY PROPERTY CASE NO: HDP 98-17 WHEREAS, Spectrum Communities, L.L.C., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Paul and Peggy Hadley Family Trust, “Owner”, described as A portion of the south half of the southwest quarter of the southeast quarter of Section 22, Township 12 south, Range 4 west, San Bernardino base and meridian, in the County of San Diego, State of California, according to the United States Government Survey. (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibit(s) “A” - “N” dated July 7, 1999, on file in the Carlsbad Planning Department, HADLEY PROPERTY - HDP 98-17, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 7th day of July 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 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 A) W That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of HADLEY PROPERTY - HDP 98-17 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 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 the grading design avoids steep slopes and the 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.. 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 will be set back from the tops of manufactured slopes, and all manufactured slopes will be screened with landscaping. That the project design and lot configuration minimizes disturbance of hillside lands, in that the projects grading does not encroach into steep slopes. Conditions: 1. 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. 2. Approval of HDP 98-17 is granted subject to the approval of ZC 98-10, LCPA 98-07, CT 98-17, CDP 98-74, and the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. HDP 98-17 is subject to all conditions contained in the Planning Commission Resolutions No. 4574,4575,4576,4578 and 4573 for ZC 98-10, LCPA 98-07, CT 98-17, CDP 98-74, and the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. PC RESO NO. 4577 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 the 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 CQde 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 of the Planning Commission of the City of Carlsbad, California, held on the 7th day of July, 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4577 -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 - I PLANNING COMMISSION RESOLUTION NO. 4578 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 98- 74 TO GRADE AND SUBDIVIDE 14.7 ACRES INTO 38 LOTS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: HADLEY PROPERTY CASE NO. : CDP 98-74 I WHEREAS, Spectrum Communities, L.L.C., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Paul and Peggy Hadley Family Trust, “Owner”, described as A portion of the south half of the southwest quarter of the southeast quarter of Section 22, Township 12 south, Range 4 west, San Bernardino base and meridian, in the County of San Diego, State of California, according to the United States Government Survey. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “N” dated July 7, 1999, on file in the Planning Department, HADLEY PROPERTY - CDP 98-74 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of July, 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 A) That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission APPROVES HADLEY PROPERTY - CDP 98-74 based on the following findings and subject to the following conditions: FindinPs: 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 -and policies concerning the conversion of coastal agricultural and environmentally sensitive habitat areas. 2. The project complies with the requirements of the Coastal Agricultural 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. Conditions: 1. 2. 3. 4. 5. 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. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. ‘If a grading permit is required, all grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the “dry season”, April 1st to October 1 st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer and only if all erosion control measures are in place by October 1st. 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 grading permit, whichever occurs first and shall be consistent with the provisions of Carlsbad’s LCP. Approval of CDP 98-74 is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ZC 98-10, LCPA 98-07, CT 98-17, and HDP 98-17. CDP 98-74 is subject to all conditions contained in PC RESO NO. 4578 -2- 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 $0 21 22 23 24 25 26 27 28 the Planning Commission Resolutions No. 4574, 4575, 4576 and 4573 for ZC 98-10, LCPA 98-07, CT 98-17, and HDP 98-17. 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 the 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 tile 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. 4578 -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 - PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of July, 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compaq L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: I ABSENT: ABSTAIN: COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4578 -4- ‘I ae City of Carlsbad Planning Department EXHIBIT 5 A REPORT TO THE PLANNING COMMISSION @+a- Item No. 8 0 P.C. AGENDA OF: July 7, 1999 Application complete date: July 7, 1999 Project Planner: Van Lynch Project Engineer: Clyde Wickham SUBJECT: ZC 98-lO/LCPA 98-07KT 98-17/HDP 98-17KDP 98-74 - HADLE\ PROPERTY - Request for a recommendation of approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, a Zone Change and Local Coastal Program Amendment to change the land use designations 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) on a 14.7 acre property. This request includes a Tentative Tract Map to create 37 residential lots and one open space lot, a Hillside Development Permit, and a Coastal Development Permit located on the east side of Black Rail Road and south of future Poinsettia Lane in Local Facilities Management Zone 20. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4573, 4574, 4575, 4576, 4577, and 4578 RECOMMENDING APPROVAL of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change (ZC 98-lo), Local Coastal Program Amendment (LCPA 98-07), Tentative Tract Map (CT 98-17), Hillside Development Permit (HDP 98-17), and Coastal Development Permit (CDP 98-74), based on the findings and conditions contained therein. II. INTRODUCTION The proposed project is for the creation of a 38-let/37-unit single-family residential subdivision on a vacant parcel on the east side of Black Rail Road, south of future Poinsettia Lane and north of Aviara Parkway. The 37 single-family lots vary in size from the 7,500 square foot minimum to 15,8 10 square feet. One 5.45 acre open space lot containing constrained lands and sensitive habitat is proposed on the eastern portion of the property. The applicant is requesting approval to purchase 6.5 affordable housing credits in the Villa Loma housing project to satisfy the affordable housing requirements of the City’s Inclusionary Housing Ordinance. 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. In addition, a Tentative Tract Map, Hillside Development Permit, and Coastal Development Permit are required. The project complies with City standards and all 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 a panhandle lot is being proposed. ZC 98-l O/LCPA 98-07/C 1 38-l 7/HDP 98-l 7KDP 98-74 - HADLk i PROPERTY July 7, 1999 III. PROJECT DESCRIPTION AND BACKGROUND The 14.7 acre project site is located within the Zone 20 Specific Plan and Local Facilities Management Zone 20. It is bordered to the north by vacant agricultural land and native habitat. to the east by open space within Planning Area 22 of Aviara Phase III, to the south by a graded portion of Docena Road (access road to Planning Area 22 of Aviara Phase III and vacant agricultural land), and Black Rail Road to the east. Topographically, the western quarter of the site gently slopes westward and the remaining eastern three-quarters slopes gently eastward to the top of the descending, north- and east-facing natural slope. The elevation across the site is on the order of 110 feet, with the existing natural slope varying up to 50 feet in height, The gently sloping portions of the site have been disced and used for agricultural purposes. Below is a table that summarizes the impacts to the various plant communities onsite. Plant Community Southern Maritime Chaparral Coast Live Oak Riparian Forest Disturbed or Agricultural Habitat Totals Existing Acreage Direct Impacts Open Space 4 .32 3.68 0.2 0 0.2 I 10.5 9.8 0.; 14.7 10.12 4.58 The Hadley property is located within Core Area 6 of the Carlsbad Draft HMP and has been designated for preservation and the provision of habitat for Linkage F. On an overall project- level basis, the property is preserving 31 percent in open space, with the native habitats onsite proposed to receive approximately 92 percent preservation, which far exceeds the standards set by the HMP. 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; 92 percent preservation of the southern maritime chaparral; there is no loss of the coast live oak riparian forest habitat or coastal sage scrub; and 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. The proposed Zone Change and Local Coastal Program designations are necessary to change the Limited Control (L-C) designation of the property to One-Family Residential, 7,500 square foot lot size minimum, Qualified Development Overlay Zone (R-1-7,500 - Q) to implement the Residential Low-Medium (RLM) General Plan designation. As shown on Exhibits “A” through “D”, the 37 residential lots will all be 7,500 square feet or larger. Access to the project site is via Black Rail Road and by a connection, Street “B”, to Docena Road from Carlsbad Tract 92-3, Planning Area 22 in Aviara Phase III. The lots will take access off a proposed public Street “A” which is both a through and cul-de-sac street. Lot 12 is proposed as a panhandle lot since a lot with a standard lot width of sixty feet would exceed the 3:l lot depth to width ratio. At this point there are no building plans or elevations proposed for the subdivision. The Q- Overlay requires the approval of a Site Development Plan by the Planning Commission prior to building permit issuance. The wildlife agencies have reviewed, and concur with, the environmental document which contains the required mitigation measures. L? ZC 98-1 O/LCPA 9%07/C’1 38-l 7iHDP 98-l 7/CDP 98-74 - HADLE 1’ PROPERT July 7, 1999 IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. B. C. D. E. F. G. H. Residential Low-Medium Density (RLM) General Plan Land Use Designation; R-1-7500, Qualified Development Overlay Zone (R-1-7500-Q) Zone Regulation; 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); 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). The surrounding properties in Zone 20 are General Plan designated IUM as shown on the attached Exhibit “X”. This 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 2.9 du/ac. The constrained portion of the site (Lot Number 38) which includes native vegetation, will be preserved in open space. The project complies with all elements of the General Plan as illustrated in Table A below: ELEMENT Land Use Housing Public Safety Table A - GENERAL PLAN COMPLIANCE USE, PROPOSED USES & COMPLY? CLASSIFICATION, IMPROVEMENTS . GOAL, OBJECTIVE OR PROGRAM Site is designated for Single-family lots at Yes Residential Low- 2.9 du/ac. Medium at 3.2 du/ac. Provision of The purchase of 6.5 Yes affordable housing affordable housing credits in Villa Loma Reduce fire hazards to The project includes Yes an acceptable level. measures such as fire suppression zones -7 0 ZC 98-1 O/LCPA 98-07/C’r 98-l 7/HDP 98-l 7KDP 98-74 - HADLh r PROPERTY’ July 7, 1999 Open Space & Conservation Minimize environ- Project will provide mental impacts to 4.58 acres of open sensitive resources space containing within the City. biological resources. Yes Noise Circulation Utilize Best Manage- Project will conform to Yes ment Practices for all NPDES control of storm water requirements. and to protect water quality. Residential exterior Project is not impacted Yes noise standard of 60 by potential noise CNEL and interior generating sources such noise standard of 45 as Poinsettia Ln. or CNEL. Palomar Airport. Require new Project will provide Yes development to roadway improvements construct roadway including Street “A” improvements needed and frontage to serve proposed improvements for development. Black Rail Road and Street “B” at Docena Rd. B. R-l -7,500-Q Regulation The project site, part of a County island annexed in 1987, is currently zoned Limited Control (L-C). The L-C zone designation is given to annexed properties and 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. This will result in the zoning for the site being consistent with the General Plan Land Use designations of RLM. The proposed zone is also compatible with the existing adjacent residentially zoned properties and probable future residential zones of the adjacent L-C zoned properties as shown on the attached Exhibit “X”. 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. The one panhandle lot results from the depth of the original lot increasing due to the adjacent property boundary. A standard lot with the minimum 60 foot frontage would exceed the 3:l lot depth to width ratio. The panhandle ‘also serves to provide a future sewer easement and line to the adjacent property to the north. The panhandle lot will not prec1ud.e or adversely affect the ability to provide full public street access to other properties within the same block of the subject property as they all have public street frontage. The 10,340 square feet of buildable area exceeds the 8,000 square foot minimum. Exhibit “Y” depicts the lot configuration and the proposed development setbacks. 1 ZC 98-1 O/LCPA 98-07/C-I r8-17/HDP 98-17/GDP 98-74 - HADLE. 1 PROPERT July 7, 1999 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. 1 STANDARD Table B: R-l ZONE COMPLIANCE 1 REOUIRED 1 PROPOSED Min. Lot Size 7,500 sq. ft. Min. Lot Width 60 feet 7,500 sq. ft. - 15,810 sq. ft. 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. shall be dedicated to the City .Affordable Housing 15% of the units must be provided as affordable units Project will purchase 6.5 affordable housing credits in Villa Loma D. Local Coastal Program The project site.is located within Site III of the Mello II Segment of the Local Coastal Program. Development of the project site is also subject to, and consistent with, 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 ensure 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. The grading restrictions which apply in the coastal zone are proposed as conditions of the Coastal Development Permit. - ZC 98-l O/LCPA 98-07K’I ~8-17B-lDP 98-l 7ICDP 98-74 - HADLE Y PROPERTY July 7, 1999 Page 6 The Local Coastal Program Amendment (LCPA) is required to implement the proposed zone change from L-C to R-1-7,500-Q. The LCPA will result in the zoning and coastal land use designations for the site to be consistent. No comments were received during the required six week LCPA public notice. 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, and minimum lot area. 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 meets or 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. F. Hillside Development Ordinance The proposed development is planned for areas of the site that are predominately 0 - 8 percent slopes. The steep slope areas will be preserved within proposed Open Space Lot Number 38. The proposed project meets or exceeds all applicable requirements of the Hillside Development Ordinance that is currently effective in the coastal zone (old version) demonstrated in Table D below. Table D - HILLSIDE DEVELOPMENT COMPLIANCE STANDARD REQUIRED PROPOSED Preservation of 40% Slopes Preservation in Open Space Preserved in Open Space Lot Number 38 Slope Height 30 Feet Maximum 24 feet in worst case Grading Volume Acceptable = 0 - 7,900 cubic 4,090 cubic yards/acre. yards/acre Contour Grading Variety of slope direction to Manufactured slopes have simulate the natural been contoured into the topography natural topography of the remaining undisturbed slopes Slope Screening Landscaping Combination of trees, shrubs and ground cover Slope Setback Varies depending on building To be determined at time of height Site Development Plan 73 ZC 98-lO/LCPA 98-07/C-l r8-17IHDP 98-17/GDP 98-74 - HADLE 1 PROPERTJ’ July 7, 1999 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 6.5 dwelling units. The applicant is requesting to purchase 6.5 affordable housing credits in the Villa Loma housing project to satisfy the project’s affordable housing requirements. The City’s Housing Committee has approved the request to purchase affordable housing credits. H. 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 STANDARD IMPACTS COMPLIANCE City Administration 128.6 sq. ft. Yes Library Waste Water Treatment Parks 68.6 sq. ft. 37 EDU .26 acre Yes Yes Yes Drainage Circulation Fire Open Space Schools Basin D 370ADT Station No. 4 5.45 acres Carlsbad Unified 10 elementary students 3 junior high students 5 high school students Yes Yes Yes Yes Yes Sewer Collection System Water 37 EDU 8140 GPD Yes Yes The proposed project is 3.0 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, paleontological resources, .archeological resources, and the Palomar Airport Road/El Camino Real intersection. The wildlife agencies have reviewed the biological impacts of the proposed project and concur with proposed biological mitigation measures. The environmental documents for the project were also sent to the State Clearinghouse for circulation. Comments from the wildlife agencies have been incorporated into ZC 98-l O/LCPA 98-07/C’t 38- 17/HDP 98-17/GDP 98-74 - HADLL: 1’ PROPERT)’ July 7, 1999 Page 8 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 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 “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 which 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. The project is within the scope of the City’s Master Environmental Impact Report, which was 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 foregoin g, on April 1, 1999, the Planning Director issued a Mitigated Negative Declaration for the proposed project. ATTACHMENTS: 1. 3 -. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. \‘L:eh Planning Commission Resolution No. 4573 (Mit. Neg. Dec.) Planning Commission Resolution No. 4574 (ZC) Planning Commission Resolution No. 4575 (LCPA) Planning Commission Resolution No. 4576 (CT) Planning Commission Resolution No. 4577 (HDP) Planning Commission Resolution No. 4578 (CDP) Location Map Access location exhibit ExhibitX - landuse and zoning consistency Exhibit Y - lot configuration and proposed development setbacks Background Data Sheet Local Facilities Impact Assessment Form Disclosure Statement Reduced Exhibit Full Size Exhibits “A” - “N”, dated July 7, 1999 I- f9 - I: x w Z Q t- < w 0 A m m W w w < EXHIBIT “X” R-l-7500-Q L-C' POINSETTIA LN . l PROPOSED CHANGE TO R-1-7500-Q ALL LABELED PROPERTIES HAVE LOW-MEDIUM DENSITY (RLM) GENERAL PLAN DESIGNATION HADLEY PROPERTY ZC 9840 EXHIBIT 9” / / I’ \ \ I I I i I 1 0 // /- I f / / 7c /..-‘/ ‘> /.. :/ / ,’ ! 0 ,*._.. ) --*-- c fl “6. /-- >, / ‘/ 4 0 **- 0 f, <.: / \ 0 ,I! { / 3 1, ; : \ \ I !j \‘. y’ F ; 1 2e ‘;s aa ’ I ,I -3, h \I ?‘ir ----- ,,-,,-----“--~-----~...~ <czc I I I 1 I _ 1: I I BACKGROUND DATA SHEET CASE NO: ZC 98- 1 O/LCPA 98-07/CT98- 17/HDP 98- 17KDP 98-74 CASE NAME: HADLEY PROPERTY APPLICANT: SPECTRUM COMMUNITIES REQUEST AND LOCATION: Zone change from L-C to R-1-7.500-0 and a Tentative Tract Man. Coastal Develoument Permit. and Hillside Develonment Permit for a 38 lot. 37 unit single- familv subdivision located east of Black Rail Rd. and south of future Poinsettia Ln. and north of Alga Rd. LEGAL DESCiZIPTION: A nortion of the south half of the southwest auarter of the southeast auarter of Section 22. Townshin 12 south. Range 4 west; San Bernardino base and meridian. in the Countv of San Diego. State of California. according to the United States Government Survev. APN: 215-080-19-00 Acres: 14.7 Proposed No. of Lots/Units: 38 lots/37 units GENERAL PLAN AND ZONING Land Use Designation: Residential Low-Medium (RLM) Density Allowed: 3.2 Density Proposed: 2.9 Existing Zone: Limited Control (L-C) Proposed Zone: R-l -7.500 - 0 Surrounding Zoning, General Plan and Land Use: Site L-C North L-C South L-C East P-C West L-C Zoning General Plan RLM RLM RLM RLM RLM Current Land Use Vacant Vacant Vacant Open Space Vacant PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 37 Public Facilities Fee Agreement, dated: Sentember 28. 1998 ENVIRONMENTAL IMPACT ASSESSMENT w Mitigated Negative Declaration, issued Am-i1 1, 1999 L-l Certified Environmental Impact Report, dated cl Other, 99 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: HADLEY PROPERTY - ZC 98-1 O/LCPA 98-07/CT98-17HDP 98- 17KDP 98-74 LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RLM ZONING: LC (PROPOSING R-1-7.500 - 0) DEVELOPER’S NAME: SPECTRUM COMMUNITIES ADDRESS: 15375 BARRANCA PKWY. SUITE B-21 1. IRVINE. CA 92618 PHONE NO.: (949) 753-8400 ASSESSOR’S PARCEL NO.: 215-080-19-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DIJ): 14.7 AC ESTIMATED COMPLETION DATE: UNKNOWN A. City Administrative Facilities: Demand in Square Footage = 128.6 F. G. H. I. J. K. L. Library: Demand in Square Footage = 68.6 Wastewater Treatment Capacity (Calculate with J. Sewer) 8140 GPD Park: Demand in Acreage = .26 Drainage: Demand in CFS = 47.1 Identify Drainage Basin = D (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: 370 A 4.58 Carlsbad ( 18 students) (Demands to be determined by staff) Sewer: Demands in EDU Identify Sub Basin = 37 J (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 8140 The project is 3.0 units below the Growth Management Dwelling unit allowance. DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require’ discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “‘Any .indivkiual, firm,. co-partnership, jdint venture, association, social club, fraternal organization, co~ration, estate, .w, ,receiver, sylidicate, in this and .aay .otber .county, city and county. city municipality, district or other political subdivision orany--other.group ar. combiion acting as a unit.” Agents may iign this document;,however, the legal name and entityof the applicant and property owner must be .provided below. I. APPLICANT (Not the applicant’s agent) Provide the COMPLETE. LEGAL names and addresses of & persons having a financial interest in the application. If the appkant includes a coruoration or oartnershiu, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE -i-I-IAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corDoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) person David Salene Gorp/part Spectrum Communities. LLC Title Executive Vice President Title Address 15375 Barranca Parkway. #B-2 11 Address Irvine. CA 92618 2. OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of & persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership. tenants in common, non-profit corporation, etc.); If ‘the ownership includes a cornoration or Dartnershio, include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE’SPACE BELOW. If a publiclv- owned corooration, include the names. titles. and addresses of the corporate offkers. (A separate page may be attached if necessary.) Person Weslev A. Witt Qrp&rt-Paul and Peggy Hadley Family ‘Trust Title Trustee Title Address 41-555 Cook Street. Suite 140 Address Palm Desert. CA 92260 2075 Las Palmas Dr. - Cartsbad, CA 92009-l 576 l (760) 438-11610 FAX (760) 436-0894 a9 NON-PROFIT OR - WZATION OR TRUST If any person identifies pursuant to (1) or (2) above is a normrofit ornanization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profiflrust Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes m No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of 0vSnerldate Signature of applicant/date Wesley A. Witt, Trustee for the Paul and Peggy Hadley Family Trust Print or type name of owner David Salene Print or type name of applicant Signature of owner/applicant’s agent if applicable/date Print or type nameof owner/applicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/99 8% Page 2 of 2 c ,. .” ” . . . . -J&l- -k- -*w... ..*... -. .: -6 1 . ! 3 6- PLANNING COMMISSION - July 7, 1999 GRAFT 8. ZC 98-IOlLCPA 98-07/CT 98-17/HDP 98-17/GDP 98-74 - HADLEY PROPERTY - _ . _ _ _ _ . - _ _ Request for a recOmmenciatlon ot apprOVeI ot a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, a Zone Change and Local Coastal Program Amendment to change the land use designations from Limited Control (L-C) to One-family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1-7500 - Q) on a 14.7 acre property. This request includes a Tentative Tract Map to create 37 residential lots and one open space lot, a Hillside Development Permit, and a Coastal Development Permit locate on the east side of Black Rail Road and south of future Poinsettia Lane in Local Facilities Management Zone 20. EXHIBIT 6 Page 14 Mr. Wayne announced that the Commission’s action on this item is not final and it will be forwarded to the City Council for its consideration. Mr. Wayne introduced Associate Planner Van Lynch who presented the staff report as follows: This is a request for a Zone Change, Local Coastal Program Amendment, Carlsbad Tract Map, Hillside Development Permit, and Coastal Development Permit. The site is located on the east side of Black Rail Road, south of Poinsettia Lane and north of Aviara Parkway. The project is a 14.7 acre site and consists of 38 lots with a 37 lot single-family development. The 37 residential lots are at, or greater, than 7,500 square foot lot size requirement. There is also one 5.45 acre open space lot. The western portion of the site is relatively flat, due to the previous agricultural uses and existing topography, and the remaining portion of the parcel (on the eastern side) is open space habitat. The project is consistent with the Residential Low-Medium (RLM) General Plan designation and the growth management control point is 2.9 units per acre, which is below the 3.2 allowed. The project complies with all of the elements of the General Plan. The property is currently zoned L-C which is a pre-annexation designation given to the property when it was annexed into the City of Carlsbad. The proposed change to R-1-7,500 is compatible with the Residential Low-Medium General Plan designation and the Q overlay that will require the developer to submit a Site Development Plan at a later date, to review the architectural design and the placement of the units. The project complies with the subdivision requirements of the R-l Zone. The 60 foot lot frontage minimums are complied with as well as the lot depth requirements of the subdivision ordinance of 90 feet. One panhandle lot is proposed because of the configuration of the property. The panhandle lot results from the depth of the original lot increasing due to the adjacent property boundary. That lot will also serve additional infrastructure, available to the properties to the north, in sewer and drainage capacities. The project complies with the Zone 20 Specific Plan which also required that the property be zoned R-l single-family. The project is conditioned to comply with the coastal grading requirements, the Local Coastal Program Agricultural Conversion Mitigation Measures, and to pay their agricultural mitigation fee prior to lot recordation. The project is proposing an entrance opposite the Carnation Property and will also be connecting to Docena Road out of Planning Area 22 in Aviara. The site is within the Mello II Local Coastal Program. Slopes over 25%, containing sensitive habitat, are being preserved. The project is required to do some dedications for Black Rail Road and the dedications of the public road into the project. The development will stay, primarily, on the flatter portions of the property which was previously disturbed by agricultural uses so there are not significant grading or slopes created with the project and therefore is in compliance with the Hillside Ordinance. The grading volumes are less than the 8,000 cubic yards per acre. The project requires 6.5 units of affordable housing, which will be purchased in the Villa Loma project. This was previously approved by the Housing Committee. The project’s direct significant effects include impacts to biological resources, hazards associated with potential agricultural chemical soil contamination, paleontological resources, archeological resources, and the Palomar Airport Road/El Camino Real intersection. The wildlife agencies have reviewed the biological impacts of the proposed project and concur with proposed biological mitigation measures. Staff recommends approval of the project. Commissioner Compas asked if this project has a homeowners association. Mr. Lynch replied that it will be required to have a homeowners association for the maintenance of the open space lot only, as there are no other common properties to maintain. Commissioner Welshons pointed out that the Docena Road access does not appear to connect with Black Rail Road and asked Mr. Lynch to explain just how Docena Road will connect with Black Rail Road. PLANNING COMMISSION July 7, 1999 Page 15 Mr. Lynch replied that it is his understanding that Docena will somehow run through the middle of the Tabata (?) project and connect with Black Rail as shown on the exhibit. He added that the actual route of Docena Road cannot be determined until the project to the south is designed. Mr. Lynch also pointed out that this access design has evolved, somewhat from it original conception with the Zone 20 plan through Engineering’s review of the projects. This is currently the best proposal for the intersections on Black Rail Road. Jack Henthorn, 5375 Avenida Encinas, Suite D, Carlsbad, representing Spectrum Communities, stated that they have reviewed the staff report recommendations and concur with them. Mr. Henthorn stated that the Black Rail Road intersection spacing has been a matter under discussion with the Engineering Department for well over a year. The intersections spacing shown on the exhibit is the evolution of the coordination by the various property owners along Black Rail Road. The intersection spacing constraints begin at Aviara Parkway and Black Rail Road and extend north beyond Poinsettia Lane and the intersection spacing and alignments shown on the exhibit represent the best possible solution. Mr. Henthorn further stated that the proposed route for Docena Road, through the Tabata project, is to ensure safe intersection spacing along Black Rail Road. Commissioner Welshons asked Mr. Henthorn if he is working on the Tabata property. Mr. Henthorn replied that the Tabata property has been purchased by the Brehm Communities and following discussions with Brehm, it has been determined that they are not actively planning the site at this time. At one point there was no south connection shown out of the Hadley property and into the Brehm property. However, after working with staff, it was decided to leave that option open in order to tie the two projects together and provide access opportunities. Chairperson Heineman opened Public Testimony and offered the invitation to speak. Seeing no one wishing to testify, Chairperson Heineman closed Public Testimony. Commissioner Welshons stated that she feels that it is extremely important that Docena Road becomes an east/west connection between Ambrosia Lane and Black Rail Road, for a number of reasons including allowing children to safely access the school, helps to keep people from dumping out on Aviara Parkway, etc. She added that the configuration of Docena is critical for its potential. Commissioner Welshons further stated that the project can move forward but she feels that it is critical that Docena Road be part and parcel of this project and that there may have to be a determination. Mr. Rudolf corrected Condition No. 66, Page 14, Resolution No. 4576 to read as follows: . . .shall expire twenty-four (24) months from the date . . . ACTION: Motion by Commissioner Compas, and duly seconded, to adopt Planning Commissioner Resolutions No. 4573, 4574, 4575, 4576, 4577, and 4578, recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change (ZC 98-lo), Local Coastal Program Amendment (LCPA 98-07), Tentative Tract Map (CT 98-17), Hillside Development Permit (HDP 98-17), and Coastal Development Permit (CDP 98- 74), based upon the findings and subject to the conditions contained therein, including the correction to Condition No. 66, Resolution No. 4576, as stated by Mr. Rudolf. VOTE: AYES: NOES: 7-o Heineman, Compaq L’Heureux, Segall, Trigas, Welshons, Nielsen None @09vi J=rl : CARLSBAD UNIF SCHOOL DIST '801 PINE AVE CARLSBAD CA 92008 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CALIF DEPT OF FISH t GAME STE 50 330 GOLDENSHORE LONG BEACH CA 90802 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 2730 LOKER AVE WEST CARLSBAD CA 92008 'CITY OF CARLSBAD 'PUBLIC WORKS/COMMUNITY SERVICES CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 REGIONAL WATER QUALITY STE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CA COASTAL COMMISSION STE 200 3111 CAMINO DEL RIO NO SAN DIEGO CA 92108 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT --me7 sswpv eAUmv \s a CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 I.P.U.A. SCHOOL OF PUBLIC ADMIti AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CITY OF CARLSBAD MUNICIPAL WATER DISTRICT CITY OF CARLSBAD PROJECT PLANNER VAN LYNCH AIQTC JOI amdwal asn -AKIRA & TOSHIKO MUROYA PO BOX 9000-602 CARLSBAD CA 92018 BREHM-AVIARA III DEVELOPMENT STE 22 2835 CAMINO DEL RIO SAN DIEGO CA 92108 MICHAEL J CARDOSA WILLIAM R LYNN 6491 EL CAMINO REAL 6505 EL CAMINO REAL CARLSBAD CA 92009 CARLSBAD CA 92009 WATER KAISER LIFE INSURANCE TRUST 1443 CAMINITO BATEA LA JOLLA CA 92037 BREHM-AVIARA GROUP STE 22 2835 CAMINO DEL RIO SAN DIEGO CA 92108 AVIARA MASTER ASSN 2011 PALOMAR AIRPORT RD CARLSBAD CA 92009 GUY S MOORE JR 6503 EL CAMINO REAL CARLSBAD CA 92009 JEFFERSON AT AVIARA LP El 500 LAS COLINAS BLVD IRVING TX 75039 YUJIRO T YAMAMOTO PO BOX 372 LAFAYETTE CA 94549 VICTORIA FERNANDEZ PO BOX 395 CARDIFF BY THE SEA CA 92007 GREGORY R NELSON 3664 MARIA LN CARLSBAD CA 92008 NOBORU & EVELYN T TABATA PO BOX 943 CARLSBAD CA 92018 DAYBREAK COMMUNITY CHURCH STE 520 501 W BROADWAY SAN DIEGO CA 92101 AKIRA & TOSHIKO MUROYA PO BOX 9000-602 CARLSBAD CA 92018 PAUL & PEGGY HADLEY FAMILY SPECTRUM COMMUNITIES LLC TRUST STE B-211 PO BOX 12727 15375 BARRANCA PKWY PALM DESERT CA 92255 IRVINE CA 92618 JACK HENTHORN & ASSOCIATES STE D 5375 AVENIDA ENCINAS CARLSBAD CA 92008 LABELS - 5 163 LCPA MAILING LIST (GOVERNMENT AGENCIES) ‘APPENDIX A (LIST IS REQUIRED BY COASTAL COMMISSION) SANDAG (SAN DIEGO COUNTY) WELLS FARGO PLAZA 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 94103 BUSINESS, TRANSPORTATION & HSG AGENCY WILLIAM G. BRENNAN DEPUTY SECRETARY AND SPECIAL COUNCIL SUITE 2450 980 NINTH STREET SACRAMENTO CA 95814 DISTRICT 11 CALTRANS TIM VASQUEZ, ENVIRONMENTAL PLANNING 2829 SAN JUAN ST SANDIEGO CA 92138 OFFICE OF PLANNING AND RESEARCH OFFICE OF LOCAL GOVERNMENT AFFAIRS PO BOX 3044 SACRAMENTO CA 95812-3044 DEPARTMENT OF FOOD AND AGRICULTURE STEVE SHAFFER, AGRICULTURE RESOURCES ROOM 100 1220 N STREET SACRAMENTO CA 95814 DEPARTMENT OF TRANSPORTATION ROOM 5504 1120 N STREET SACRAMENTO CA 95814 RESOURCES AGENCY RM 1311 1416 NINTH STREET SACRAMENTO CA 95812 -.. -___ _-._ -..,. . _. _ ‘.. U; S. FISH AND WILDLIFE SERVICE , SUITE 130 I 33 10 EL CAMINO AVENUE ) SACRAMENTO CA 95821 ENERGY RESOURCES, CONSERVATION AND DEVELOPMENT COMMISSION CHUCK NAJARIAN 15 16 NINTH STREET SACRAMENTO CA 95814 MARINE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES SUPERVISOR ; 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 I _- I j I I I I I I ! I I - I I 1 I , I , ~. 1 I I I , - 6 -. COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DEPARTMENT OF FISH AND GAME GAIL PRESLEY, CHIEF ENVIRONMENTAL SERVICES DIVISION RM 1341 1416 NINTH STREET SACRAMENTO CA 95814 DEPARTMENT OF FORESTRY DOUG WICKIZER, ENVIROMENTAL COORD RM 1516-2 1416 NINTH STREET SACRAMENTO CA 95814 SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION BILL TRAVIS 30 VAN NESS AVENUE SAN FRANCISCO CA 95814 WATER RESOURCES CONTROL BOARD PO BOX 100 SACAR4MENTO 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 L- -~~.- - - PACIFIC REGIONAL MANAGER NATIONAL OCEANIC AND ATMOSPHERIC ADMIN - OCRM, 55MC4 N/ORM - 3 1305 EAST-WEST HIGHWAY SILVER SPRING MD 20910 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 U.S. ARMY CORPS OF ENGINEERS DEPARTMENT OF DEFENSE LILY ALYEA - SUITE 702 LOS ANGELES DISTRICT ENGINEER 333 MARKET STREET PO BOX 2711 SAN FRANCISCO CA 94105-2197 LOS ANGELES CA 90053 DEPARTMENT OF ENERGY 6 11 RYAN PLAZA DR STE 400 ARLINGTON TX 7601 l-4005 DEPARTMENT OF DEFENSE COMMANDANT, ELEVENTH NAVAL DISTRICT DISTRICT CIVIL ENGINEER SAN DIEGO CA 92132 .U. S. BUREAU OF LAND MANAGEMENT ; DEPARTMENT OF ENERGY 2135 BUTANO DRIVE ’ CLIFFORD EMMERLING, DIRECTOR SACRAMENTO CA 95825 i SUITE 350 I 901 MARKET STREET 1 SAN FRANCISCO CA 94103 U. S. BUREAU OF RECLAMATION DEPARTMENT OF HOUSING AND URBAN DEVE LOWER COLORADO REGION DUNCAN LENT HOWARD, REGIONAL ADMIN PO BOX 427 450 GOLDEN GATE AVENUE BOULDER CITY CO 89005 , SAN FRANCISCO CA 94102 --- SUPERINTENDENT CHANNEL ISLANDS NATIONAL PARR ; 1901 SPINNAKER DRIVE ) SANBUENAVENTURA CA 93001 I I .~- -~~ .- .~--~~ ~~ -. U. S. BUREAU OF RECLAMATION MID-PACIFIC REGION 1 2800 COTTAGE WAY / SACRAMENTO CA 95825 _.-__-.-- -~~ _.. - ~~~- BUREAU OF INDIAN AFFAIRS RONALD M. JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 DOUGLAS WARNOCK, SUPERINTENDENT REDWOOD NATIONAL PARR DRAWERN 11112ND STREET CRESCENT CITY CA 95531 CALIFORNIA COASTAL COMMISSION SUITE 200 3 111 CAMINO DEL RIO NORTH SANDIEGO CA 92108 v H:iA.DMINUABELS\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 REiECKl COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DALE/DONNA SCHREIBER 7163 ARGONAURA WAY CARLSBAD CA 92009 I I I ‘ I I 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 MiORE JR 6503 EL CAMINO REAL CARLSBAD CA 92009 CYRIL AND MARY GIBSON 12142 ARGYLE DRIVE LOS ALAMITOS CA 90702 JiiHN LAMB 1446 DEVLIN DRIVE LOS ANGELES CA 90069 MARY GRIGGS STATE LANDS COMMISSSION SUITE 100 SOUTH 100 HOWE AVE SACRAMENTO CA 95825-8202 SAN DIEGO COUNTY PLANNING & 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 &LZER 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 ATTN: 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 SEORGE BOLTON 5583 BLACKRAIL ROAD ZARLSBAD CA 92009 City of NOTICE OF PUMJCIEWNG COMPLETE DATE: July 7,1999 DESCRIPTION: Request for a recommendation of approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,.. a Zone Change and Local Coastal Program Amendment to change the land use designations 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) on a 14.7 acre property. Also proposed is a Tentative Tract Map to create 37 residential lots and one open space lot, a Hillside Development Permit, and a Coastal Development Permit. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located on the east side of Black Rail Road and south of future Poinsettia Lane in Local Facilities Management Zone 20. ASSESSOR’S PARCEL NUMBER: 215-080-19 APPLICANT: Spectrum Communities 5375 Barranca Py., Ste. B-21 1 b-vine, CA 92618 A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on July 7, 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 July 1, 1999. If you have any ‘questions, or would like to be notified of the decision, please contact Van Lynch 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 1161, extension 4447. . . 2075 La Palmas Dr. - Carlsbad. CA 92009-1576 * (760) 438-l 161 - 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 very 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. to the Ca Cod: 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. m 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-lO/LCPA 98-07KT 98-17/HDP 98-l 7CDP 98-74 CASE NAME: HADLEY PROPERTY PUBLISH: JUNE 24,1999 *- NOTICE OF PUBLIC HEARING DESCRIPTION: COMPLETE C 4TJZ: July 7,1999 Request for approval of a Mitigated Negative Declaration. and Mitigation Monitoring and Reporting Progrs and Local Coastal Program Amendment to change the land use designations from Limited Control (L Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1-7500 - Q) on a Also requested for approval is a Tentative Tract Map to create 37 residential lots and one open space lot, a Hi Permit, and a Coastal Development Permit. q a Zone Change ‘C) to One-family 14.7 acre property. lside Development LOCATION: This project is witbin the City of Carlsbad’s Coastal Zone located on the east side of Black Rail Road s Poinsettia Lane in Local Facilities Management Zone 20. Id south of future ASSESOR’S PARCEL NUMBER: 215-080-19 APPLICANT: Spectrum Communities 5375 Barranca Py., Ste. B-21 1 Irvine, CA 92618 A public hearing on the above proposed project will be held by the Carlsbad City Council in the Council Chamb Village Drive, Carlsbad, California, on August 10, 1999 at 6:00 p.m. rs, 1200 Carlsbad Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written c have regarding the project. 1 a decision. The project will be described and a staff recommendation given, followed by public testim Copies of the staff report will be available on or after August 6, 1999. nnments they may ony, questions and If you have any questions, or would like to be notified of the decision, please contact Van Lynch at the City of barlsbad 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 Pahnab Drive, Carlsbad, California 92009, (760) 438-l 161, extension 4447. APPEALS The time within which you may judicially challenge the Tentative Tract Map, if approved, is established by sta e law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map, Mitigated Negative Declaration and Mitigati I n and Monitoring and Reporting Program, Zone Change, Local Coastal Program Amendment, Hillside Development Permit and/or Co stal Development Permit, 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 City Clerk’s Office at, or prior to, the public hearing. 1. Anneals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in Iwriting within ten ( 10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: UThis site is located within the Coastal Zone Appealable Area. Whis site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be tiled with the Coastal Commission with’ days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. 111 ten (10) working Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commi 5 sion is located at 3 111 Camino De1 Rio North, Suite 200, San Diego, California 92 108- 1725. CASE FILE: ZC 98-10iLCPA 98-07tCT 98-17iHDP 98-17KDP 98-74 CASE NAME: HADLEY PROPERTY PUBLISH: JULY 30,1999 l-l \ & HADLEY PROPERTY ZC 98-l OILCPA 98-07/C-T- 98-l 71 . . HDP 98-l 7/CDP 98-74