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.
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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.
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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
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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:
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,-. 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:
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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.”
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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
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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
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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
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of 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
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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)
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I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A NEGATIVE
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have significant effect(s) on the environment, but at
least one potentially significant effect 1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An Mitigated
Negative Declaration is required, but it must analyze only the effects that remain to be
addressed.
I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier Master Environmental
Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided
or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-Ol),
including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, a Notice of Prior Compliance has been prepared.
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)
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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
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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
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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.
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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
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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-
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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
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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
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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:
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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.
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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
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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.
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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:
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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
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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
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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
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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
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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
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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
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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
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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.
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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:
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- Fire
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54.
Water
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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
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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
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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-
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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-
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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:
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A)
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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-
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NOTICE
, Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from 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-
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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:
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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
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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-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of 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-
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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”
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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
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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
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6
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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
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SUPERINTENDENT
CHANNEL ISLANDS NATIONAL PARR
; 1901 SPINNAKER DRIVE
) SANBUENAVENTURA CA 93001
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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
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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
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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
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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