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HomeMy WebLinkAbout1999-12-07; City Council; 15518; SeaviewCITY OF CARLSBAD - AGENlm BILL AB# 15,518 -. TITLE. MTG. 12/07/99 SEAVIEW g-LOT SUBDIVISION DEPT. PLN CT 98-21/HDP 98-23 RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 99-511 APPROVING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, CT 98-21, and HDP 98-23 as recommended for approval by the Planning Commission. ITEM EXPLANATION: On October 20, 1999, the Planning Commission conducted a public hearing and recommended approval of the Seaview g-Lot Subdivision project (6-O; 6 ayes, Commissioner Welshons absent). The project site is located at the dead end of Seaview Way, north of Chestnut Avenue in the R-l- 10,000 Zone and in Local Facilities Management Zone 1. The proposed project is for the creation of a 9 lot single-family residential subdivision on a 3.96 acre infill site. The project will consist of 9 single-family residences on lots all greater than 10,000 square feet. Lots 7 and 8 will also contain second dwelling units to satisfy the affordable housing requirement for the project. A Site Development Plan is required to demonstrate the design of the second dwelling units. The Planning Commission’s approval of SDP 98-24 is final, contingent on Council’s approval of CT 98-21 and HDP 98-23. The project also includes one panhandle lot on lot 6. The design complies with all panhandle standards and the required findings can be made. Because City Council approval is required for panhandle lots in major subdivisions, the Planning Commissions actions are recommendations for approval. Therefore, City Council action is required for the Tentative Map and associated Hillside Development Permit. The project design has gone through several revisions in response to staff and neighborhood comments. The current proposal responds to the issues identified by the neighborhood regarding the amount of imported soil proposed, the heights of the pads, drainage and sewer flows, and compatibility with the neighborhood. During the public hearing, several neighbors requested that the grading plans be revised to lower the pad elevation for Lot 6 by two feet. The developer was in agreement with this request. It was noted by staff that this would result in approximately 1,000 yards of soil export, unless the excess soil could be placed throughout the site. If spread evenly throughout the site, this would result in an increase in the proposed grades of less than two inches. The Commission deferred a decision regarding the proposed pad height modification to the discretion of the City Engineer as a substantial conformance issue, with the understanding that a balanced grading operation should be maintained. More detailed information regarding the development proposal is included in the attached staff report to the Planning Commission and Planning Commission minutes. ENVIRONMENTAL REVIEW: A Mitigated Negative Declaration is proposed for the project. The project is within the scope of the City’s Master Environmental Impact Report which is utilized to address the project’s cumulative air quality and circulation impacts. The initial study (EIA-Part II) prepared in conjunction with this project determined that potentially significant impacts could be created as a result of agricultural chemical PAGE 2 OF AGENDA BILL NO. & =a I 8 residues that were discovered during a Phase I site assessment. The site assessment also identified that the removal of the existing residence may warrant concern for asbestos building materials. Mitigation measures requiring soil remediation; requiring an asbestos survey and remediation if applicable; and implementing measures for disposal of trash and debris have been included to reduce impacts related to hazardous materials to levels less than significant. The project has also been conditioned to pay its fair share of the Palomar Airport Road/El Camino Real intersection “short-term improvements” thereby, guaranteeing mitigation to a level of insignificance. FISCAL IMPACT: All required improvements needed to serve this project will be funded by the developer. GROWTH MANAGEMENT STATUS: Local Facilities Management Plan 1 Growth Control Point 3.2 du/ac Net Density* 2.9 du/ac Special Facilities N/A * The project is 1 unit below the Growth Management Dwelling unit allowance. EXHIBITS: 1. City Council Resolution No. 99-511 2. Location Map 3. Planning Commission Resolutions No. 4613, 4614,4615, and 4616 4. Planning Commission Staff Report, dated October 20, 1999 5. Draft Excerpts of Planning Commission minutes, dated October 20, 1999. 2 1 2 1 1 1 I I 1 1 1 I 1 2 2 2 2 2 2 2 2 2 RESOLUTION NO. 99-511 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, TENTATIVE TRACT MAP, AND HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE 3.96 ACRES INTO 9 LOTS ON PROPERTY GENERALLY LOCATED NORTH OF SEAVIEW WAY, NORTH OF CHESTNUT AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: SEAVIEW g-LOT SUBDIVISION CASE NO.: CT 98-21/HDP 98-23 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on October 20, 1999, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Tentative Tract Map, Hillside Development Permit and Site Development Plan to create and develop a 9 lot residential subdivision with two second dwelling units, and adopted Planning Commission Resolution No. 4615 approving the Site Development Permit and Planning Commission Resolutions No. 4613, 4614, and 4616 recommending to the City Council that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Tentative Tract Map, and Hillside Development Permit be approved; and WHEREAS, the City Council of the City of Carlsbad, on 7th day of )mT?.R , 4999, 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, Tentative Tract Map, and Hillside Development Permit; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Tentative Tract Map 98-21, and Hillside Development Permit 98-23 is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 4613, 4614, and 4616 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “NOTICE TO APPLICANT” “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court 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.” PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 7th day of DECEMBER 1999, by the following vote, to wit: AYES. Council Members Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None ABSENT: None ATTEST: (SEAL) -2- 4 - EXHIBIT 2 SEAVIEW g-LOT SUBDIVISION CT 98=2l/HDP 98-23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 461’3 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 3.96 ACRES INTO 9 SINGLE FAMILY RESIDENTIAL LOTS ON PROPERTY GENERALLY LOCATED NORTH OF SEAVIEW WAY IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: SEAVIEW 9-LOT SUBDIVISION CASE NO. : CT 98-21/SDP 98-24/HDP 98-23 WHEREAS, MSK Management, Inc., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Hisashi Honda and Kiyome Honda, Trustees of the Honda Family Trust dated 7/22/97, “Owner”, described as A portion of Lot “J” of the Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896 (“the Property”); and WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was prepared in conjunction with said project; and WHEREAS, subsequent to the public notice and review and comment period the project was redesigned based on written and verbal input; and WHEREAS, the mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was amended on September 14, 1999 based on the redesigned project; and WHEREAS, the Planning Commission did on the 20th day of October, 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 a11 testimony and arguments, examining the initial study, analyzing the information submitted by staff, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) W That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of the Mitigated Negative Declaration according to Exhibit “ND” dated July 12, 1999, and “PII” dated July 6,1999, and as amended September 14, 1999, attached hereto and made a part hereof, based on the following findings: ’ Findinvs: 1 The Planning Commission of the City of Carlsbad does hereby find: A. B. C. D. E. it has reviewed, analyzed and considered Mitigated Negative Declaration Seaview g-Lot Subdivision CT 98-21/SDP 9%24/HDP 98-23, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Department, prior to RECOMMENDING APPROVAL of the project; and the Mitigated Negative Declaration and the 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; and they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 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 Recirculation of the Negative Declaration is not required pursuant to Section 15073.5 of the California Environmental Quality Act (CEQA) in that: 1) Mitigation measures are replaced with equal or more effective measures pursuant to Section 15074.1 of CEQA guidelines; and 2) New project revisions are added in response to written or verbal comments on the project’s effects identified in the proposed negative declaration which are not new avoidable significant effects; and q PC RESO NO. 4613 -2- I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3) Measures or conditions of project approval are added after circulation of the negative declaration which are not required b: CEQA, which do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect; and 4) New information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant modifitations to the negative declaration. Conditions: 1. The Developer shall implement or cause the implementation of the Seaview 9-Lot Subdivision Mitigation Monitoring and Reporting Program. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of October 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compaq L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: Commissioner Welshons ABSTAIN: COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director 8 PC RESO NO. 4613 -3- . - City of MITIGATED NEGATIVE DECLARATION Project Address/Location: APN 167-070-04 A PORTION OF L0T.J OF THE RANCH0 AGUA HEDIONDA . Project Description: A 9-lot single family residential subdivision The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project “as revised” may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 438-l 161, extension 4325. DATED: JULY 12,1999 CASE NO: CT 98-21/SDP 9%24HDP 98-23 CASE NAME: SEAVIEW 9-LOT SUBDIVISION PUBLISH DATE: JULY 12,1999 . Planning Director 2075 La Palmas Dr. - Carlsbad, CA 92009-l 576 - (760) 438-l 161 - FAX (760) 438-0894 - ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: CT 9%21/SDP 9%24HDP 98-23 DATE: June 8, 1999 REVISED: September 14,1999 s BACKGROUND 1. CASE NAME: SEAVIEW g-LOT SUBDIVISION 2. APPLICANT: MSK Management. Inc. 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 5 142 Avenida Encinas. Carlsbad CA .760-438-4090 4. DATE EIA FORM PART I SUBMITTED: 12/2/98 , 5. PROJECT DESCRIPTION: A g-lot subdivision map proposing single-family home lots greater than 10,000 square feet in area with two second dwelling units to comply with the requirements of the Inclusionary Housing Ordinance. The 3.96 acre site is located at the north end of Seaview Way, north of Chestnut Avenue. 3.48 acres of the site will be graded and the proposal will require approval of a Hillside Development Permit. The site was historically used for agricultural purposes and the existing single family residence will be demolished. 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. -cl Land Use and Planning lxl Transportation/Circulation El Public Services cl Population and Housing q Biological Resources El Utilities & Service Systems . IXI Geological Problems III Energy & Mineral Resources 0 Aesthetics cl Water lxl Hazards 0 Cultural Resources Is] Air Quality q Noise 0 Recreation q Mandatory Findings of Significance I Rev. 03128196 - DETERMINATION. (To be completed by the Lead Agency) q El 0 0 0 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 MITIGATED 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) Kas been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR 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. t! 4130 137 Pl&mer Signature ’ Date Date 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. 0 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. 0 “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. 0 “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. 0 Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but #J 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). a 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. 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. 3 Rev. 03128196 - l If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. l An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev. 03/28/96 /3 Issues (and Supporting Information Sources). I. 4 b) c) 4 4 II. a) b) c> III. 4 b) 4 ,d) 4 f) g) h) 0 Iv. 4 b) cl I LAND USE AND PLANNING. Would the proposal:. Conflict with general plan designation or zoning? (Source #l:Pgs 5.6-l - 5.6-18) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-l - 5.6-18) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-l - 5.6-18) 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) 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) POPULATION AND HOUSING. Would the proposal: Cumulatively exceed offkial regional or local population projections? (#l:Pgs 5.5-l - 5.5-6) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-l - 5.5-6) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-l - 5.5-6) GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: Fault rupture? (#l:Pgs 5.1-l - 5.1-15) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15) Seismic ground failure, including liquefaction? (#l:Pgs 5.1-1 - 5.1.15) Seiche, tsunami, or volcanic hazard? (#l :Pgs 5.1-l - 5.1-15) Landslides& mudflows? (#l:Pgs 5.1-1 - 5.1-15) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 - 5.1-15) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15) Unique geologic or physical features? (#l :Pgs 5.1-1 - 5.1-15) 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) Exposure of people or property to water related hazards such as flooding? (#l:Pgs 5.2-l - 5..2-11) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#l:Pgs 5.2-l - 5..2-11) 5 Potentially Significant Impact q q q q q q q q q q q q q q q cl q q q q Potentially Significant Unless Mitigation Incorporated q q q El q q q cl q q q q q q q q q q q q Less Than Significant Impact q q q q q q q q 0 q q q q lxl q IXI q q q q No Impact El lxl lxl lxl lxl Ix1 lxl lxl IXI Ix1 IXI Ix1 Ix] q El q lzl la IXI Is) Rev. 03128196 .- Issues (and Supporting Information Sources). 4 4 0 8) h) 0 V. 4 b) d 4 VI. 4 b) 8) VII. 4 b) 4 Changes in the amount of surface water in any water body? (#l:Pgs 5.2-l - 5..2-11) Changes in currents, or the course or direction of water movements? (#l:Pgs 5.2-l - 5..2-11) 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..2-11) Altered direction or rate of flow of groundwater? (#l:Pgs 5.2-l - 5..2-11) Impacts to groundwater quality? (#l:Pgs 5.2-l - 5..2- 11) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-l - 5..2-11) AIR QUALITY. Would the proposal: Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 - 5.3-12) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-l - 5.3-12) Alter air movement, moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-l - 5.3-12) Create objectionable odors? (#l:Pgs 5.3-l - 5.3-12) TR4NSPORTATION/CIRCULATION. Would the proposal result in: Increased vehicle trips or traffic congestion? (#l:Pgs 5.7-l - 5.7.22) 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) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-l - 5.7.22) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-l - 5.7.22) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-l - 5.7.22) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#l:Pgs 5.7-l - 5.7.22) Rail, waterborne or air traffic impacts? (#l :Pgs 5.7-l - 5.7.22) 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) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-l - 5.4-24) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-l - 5.4-24) 6 Potentially Significant Impact q q q q q q lxl q q q IXI q q q q q q q q q -. Potentially Significant Unless Mitigation Incorporated q q q q q q q q q 0 q q q q q q q q q q Less Than Significant Impact q q q q q q q q - q q q q q q q q q q q q No Impact Ix1 El Ix] tzl lxl El q IXI El lxl q Ix] lzl lxl lxl El IXI Ix1 lxl IXI Rev. 03128196 Issues (and Supporting Information Sources). d) 4 VIII. a) b) 4 IX. a) b) c> d) e) X. 4 b) XI. 4 b) c> 4 e) XII. a) Wetland habitat (e.g. marsh, riparian and vernal pool)? (#l:Pgs 5.4-l - 5.4-24) Wildlife dispersal or migration corridors? (#l :Pgs 5.4-l - 5.4-24) ENERGY AND MINERAL RESOURCES. Would the proposal: Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-l - 5.12.1-5 & 5.13-1 - 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-l - 5.13-9) 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) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5) 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) Exposure of people to severe noise levels? (#l:Pgs 5.9- 1 - 5.9-15) 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: Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) Maintenance of public facilities, including roads? (#l:Pgs5.12.1-1 - 5.12.8-7) Other governmental services? (#l:Pgs 5.12.1-1 - 5.12.8-7) 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) 7 Potentially Significant Impact q q q cl q q q 0 q q q q q q El q q q . . --. Potentially Significant Unless Mitigation incorporated q q q q q q q cl IXI q q 0. q q q q q q Less Than Significant Impact cl q No Impact Rev. 03/28/96 q q q ’ q q q q q q q q q q q q q lxl Ix] lxl Ix1 El lxl lxl Ix1 q El Ix1 lxl El lxl IXI lxl Ix] El Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Significant Unless Mitigation Incomorated Less Than Significant Impact No Impact b) Communications systems? (#l:Pgs 5.12.1-l - 5.12.8-7) c) Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-l - 5.12.3-7) d) Sewer or septic tanks? (#l:Pgs 5.12.3-l - 5.12.3-7) e) Storm water drainage? (#l:Pg 5.2-8) f) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) g) Local or regional water supplies? (#l:Pgs 5.12.2-l - 5.12.3-7) q q q q q lxl q Ix] q q q q q q q 0 q q q q Ix] [xl Ix1 lxl XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#l:Pgs 5.11-1 - 5.11-5) b) Have a demonstrate negative aesthetic effect? (#l:Pgs 5.11-1 - 5.11-5) c) Create light or glare? (#l:Pgs 5.11-1 - 5.11-5) q q q q q q q q 0’ XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (#l:Pgs 5.8-l - 5.8- 10) b) Disturb archaeological resources? (#l:Pgs 5.8-l - 5.8- 10) c) Affect historical resources? (#l:Pgs 5.8-l - 5.8-10) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8-l - 5.8-10) e) Restrict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-l - 5.8-10) q q q q q IsI lzl q q q q q q EJ q tzl cl q q lxl xv. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 - 5.12.8-7) b) Affect existing recreational opportunities? (#1 :Pgs 5.12.8-l - 5.12.8-7) q q q cl q q lxl lxl 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? q q q 8 Rev. 03128196 Issues (and Supporting Information Sources). 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 Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation ’ Incoroorated q 1 lxl q q q q q IXI Rev. 03128196 -. XVII. EARLIER ANALYSES. Earlier analyses of the proposed single-family residential project have been completed through the General Plan Update (GPA 94-O1)and related Master Environmental Impact Report (MEIR 93-01). The MEIR is cited as source #1 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. There will be no additional significant impacts due to this development that were not analyzed in the MEIR and no new or additional mitigation measures or alternatives are required. This project is, therefore, within the scope of the prior MEIR and no new environmental document nor Public Resources Code 2108 1 findings are required. All feasible mitigation measures identified in the MEIR 93-01 which are appropriate to this project have been incorporated into this project. 10 Rev. 03128196 DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING The 3.96 acre site is located at the north dead end of Seaview Drive within Local Facilities Management Zone 1 and is bordered by single-family residences to the north, south, east and west. The east portion of the site is occupied by abandoned greenhouse structures and a single- family dwelling. A small 2:l slope approximately 3 feet high descends from the east property line to the existing grade. The remainder of the property slopes gently downhill to the west at about a 16% slope. The total difference in elevation between the southeast property comer and the northwest property comer is approximately 65 feet and varies between 327 feet (MSL) and 262 (MSL), respectively. The site vegetation on the westerly two-thirds of the property and around the greenhouses consist of ruderal vegetation. The vacant dwelling is surrounded by overgrown ornamental landscaping and dead turf. The project proposal would consist of the demolition of the existing structures and subdivision of the property into a g-lot single-family residential subdivision. The proposed street design provides for the extension of Seaview Way to the north and east throughout the subdivision to provide access to the residential lots. Seaview Way will end in a cul-de-sac configuration. The project originally proposed 10,584 cubic yards of cut, 23,860 cubic yards of fill, and 13,312 cubic yards of import. However, the project has been redesigned to lower pad elevations on the east end of the site through the use of crib walls up to 12 feet in vertical height. The revised site design proposes 18,993 cubic yards of cut, 18,993 cubic yards of fill, and results in a balanced grading operation. The project site is designated at RLM (Residential Low-Medium Density) on the General Plan Land Use Map. The zoning for the site is R-A-10,000 (Single-family Residential Agriculture Zone, minimum lot size 10,000 sq. ft. Plans for two second dwelling units are included with the project to satisfy the requirements of the Inclusionary Housing Ordinance. 11 Rev. 03128196 II. ENVIRONMENTAL ANALYSIS B. Environmental Impact Discussion I. Land Use and Planning The project site is located in an area designated by the General Plan as Residential Low-Medium (RLM) with a zoning classification of R-A-10,000. The R-A-l 0,000 zone requires a minimum lot size of 10,000 square feet and implements the General Plan Land Use Designation. The surrounding neighborhood is developed with single-family residences. Under the current Growth Management Ordinance, the project has the potential to yield 12 dwelling units. The project proposes development of nine single family residences and two second dwelling units for a total of 11 units. The proposal is one unit under the Growth Management Dwelling Unit Allowance. III. Geologic Problems A preliminary geotechnical investigation was conducted for the project site. The study concluded that the project site is appropriate for the proposed development, subject to the recommendations in the study. Soils identified near the west end of the project site in Test Pit 5 were identified as being “moderate” in expansion potential. As proposed, this area will receive fill with depths from 4 to 14 feet above natural grade. As stated in the report, if these moderately expansive soils remain 48 inches below finish grade, as proposed, special design considerations with regard to foundations are not anticipated. Prior to constructing fill slopes, shear keys will be constructed in accordance with the recommendations outlined in the report and in accordance with the City of Carlsbad Grading Ordinance. The pad elevations for the lots at the east end of the subdivision are between 1 and 15 feet below natural grade. The report indicates that both cut and compacted till slopes constructed to a maximum height of 25 feet with maximum slope ratios of 2:l will be stable provided they are properly maintained and planted with erosion control plantings. IV. Water The project has been designed with the majority of the project drainage flowing to Seaview Way and out to Chestnut Avenue. The remaining drainage, for Lots 1 through 4 and for the rear yard of lot 5, will drain to the existing 10 foot private drainage easement near the northwest comer out to Donna Drive. The drainage will be diverted by the use of drainage swales located on the western and northern property lines. Subdrains located at low points on pads 1 through 5 will divert drainage directly to the swale in order to reduce the amount of flow over the manufactured slopes. The hydrology report indicates that the drainage volumes will not exceed the volume of site runoff which is currently collected in the private drainage easement. Ground water was not encountered during the time of the soils investigation within the five lo- feet deep test pits. However, verbal communication was received that groundwater accumulates on off-site residential properties adjacent to the west and northwest comers of the site. In the event groundwater is encountered during grading operations, the developer proposes to install subdrains in conjunction with the adjacent property owners according to updated geotechnical investigations and recommendations of the soils engineer. 12 Rev. 03/28/96 V. Ouality Air The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the ’ updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit’ services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Final Master ElR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. VI. Transportation/Circulation The implementation of subsequent projects that are consistent with and 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. 13 Rev. 03128196 Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. 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 § 15 162 of the CEQA Guidelines a lead agency must prepare a “Subsequent” environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstance exists. However, case law has interpreted this section of the CEQA Guidelines to not require the preparation of a “Subsequent EIR” if mitigation measures are adopted 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. IX. Hazards Master Environmental impact Report 93-01 prepared for the general Plan Update requires the following mitigation measure for proposed residential development in areas that are presently or have previously been used for agricultural production. Chemical residue may exist in soil and affect the health of future residents. The project site has been use for agricultural purposes and a Phase I site assessment for soils. has identified residual concentrations of organochlorine pesticides in six near surface soil samples. The report recommends removal of surface soils to a depth of one foot, with placement of these soils in deep fill areas and under roads in order to reduce the exposure concern (inhalation, ingestion, and dermal contact). The Phase I site assessment also identifies that removal of the existing residence may warrant concern for asbestos containing building materials such as roofing materials, insulation, acoustic ceilings, floor tiles, and mastic materials. The report recommends reduction of airborne dust during demolition of the house using copious amounts of water. Therefore, the following mitigation measures shall be implemented to reduce impacts related to hazardous materials to less than significant: 1. A detailed agricultural chemical residue survey with recommended remediation shall be completed and comments received from the County of San Diego Environmental Health Services prior to the issuance of a grading permit. 2. All trash and debris within the property shall be disposed of offsite, in accordance with 14 Rev. 03/28/96 current local, state, and federal disposal regulations. Any buried trash/debris encountered during grading of the site shall be evaluated by an experienced environmental consultant and shall be treated per the consultant’s recommendation prior to removal of the material. 3. An asbestos survey of the onsite buildings shall be performed and any applicable remediation completed prior to their demolition. X. Noise Construction noise will be generated in conjunction with the proposed development. Construction noise is a short-term impact on ambient noise levels. Noise generated by construction equipment and construction activities can reach high levels. The City’s Grading Ordinance limits the hours of construction to normal weekday working hours and should minimize any potential impacts. XI. Utilities and Service Svstems The project has been designed to sewer through Seaview Way and will require the installation of a deeper sewer lateral along the length of Seaview Way to the manhole at Chestnut Avenue. The elevations of Lots 1 through 4 have been set as low as possible while maintaining positive sewer flow. A project alternative to reduce the slope heights and grading volumes was discusstd with the project applicant and the City Engineering Department. This alternative would have resulted in lowering Seaview Way so that the pad elevations of Lots 1 through 4 could be lowered, resulting in a lower slope facing towards the east. However, to accomplish this, a 20 foot wide public drainage easement would need to be acquired to Donna Drive to accommodate run-off from Seaview Way. Currently a 10 public drainage easement exists to Donna Drive, however, this easement is only suitable for private run-off. In addition, a 20 foot public sewer easement would be required to Donna Drive. Given the potential for disruption to the existing residences on Donna Drive, and that the objectives of designing a balanced grading operation could be provided through the current proposal, the best alternative is to provide sewer service and divert drainage from the project out through Seaview Way, and only using the 10 foot private drainage easement for the west portion of the project. XII. Aesthetics The surrounding residential properties, as well as the subject property, have ocean views which were identified as being impacted in written and verbal communications to the City. Although the City of Carlsbad does not have a view preservation ordinance, the project has been redesigned to address the neighborhood concerns regarding preservation of views. In order to achieve these objectives, building pads on the east end of the site have been lowered at least 22 feet below the grade of the existing residences to the east. In addition, the height of the residences is proposed at 26 feet. Crib retaining walls up to 12 feet high will be constructed at the east end of the site to enable the pads to be lowered as proposed. Neighbors were also concerned about the height of the slope on the west end of the site. This slope has been lowered as much as possible without diverting street drainage flows through to Donna Drive. Diversion of street drainage flows would create the need to obtain a 20 foot wide public storm drain easement to Donna Drive. The slopes have been stepped at the rear of the lot to reduce the overall height to no more than 20 feet and the residences are set back from the , Rev. 03/28/96 a+ property line 77 feet or more. Hillside guidelines also require a .7:1 setback from the top of slope for any structure. The visual impact to existing west end residences to the proposed residences will be minimized due to the siting of the structures, the requirement for a slope setback, and the provision of a landscaped slope buffer. III. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 2075 Las Palmas Drive, Carlsbad, California, 92009, (760) 438-l 161, extension 4471. 1. Final Master Environmental Imnact Renort for the City of Carlsbad General Plan Update (MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department. 16 Rev. 03/28/96 LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. 2. 3. 4. The Developer shall pay his fair share for the “short-term improvements” to the El Camino Real/ Palomar Airport Road intersection prior to or the issuance of a building 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 1 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. A detailed agricultural chemical residue survey with recommended remediation shall be completed and comments received from the County of San Diego Environmental Health Services prior to the issuance of a grading permit. All trash and debris within the property shall be disposed of offsite, in accordance with current local, state, and federal disposal regulations. Any buried trash/debris encountered during grading of the site shall be evaluated by an experienced environmental consultant and shall be treated per the consultant’s recommendation prior to removal of the material. An asbestos survey of the onsite buildings shall be performed and any applicable remediation completed prior to their demolition. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE’1 17 Rev. 03/28/96 -^ ? APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date 17 Rev. 03/28/96 ENVIRONMENTAL Ml-r _ ,ATION MONITORING CHECKLIS I‘ PAGE 1 OF 2 2i 5 u- 0 9 is 5 tj E ai a, 5 e : .- 5 it B 8 : ‘ij c .a p .- a E z F E .‘$j, cgc 0-o t= m, mu 0 gz 2 Em’, ENVIRONMENTAL Ml, T,ATlON MONITORING CHECKLIS . . PAGE 2 OF 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4614 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT NUMBER CT 98-21 TO SUBDIVIDE 3.96 ACRES INTO 9 SINGLE FAMILY RESIDENTIAL LOTS ON PROPERTY GENERALLY LOCATED NORTH OF SEAVIEW WAY IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: SEAVIEW 9-LOT SUBDIVISION CASE NO.: CT 98-21 WHEREAS, MSK Management, Inc., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Hisashi Honda and Kiyome Honda, Trustees of the Honda Family Trust dated 7/22/97, “Owner”, described as A portion of Lot “J” of the Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibit(s) “A” - “CC” dated October 20, 1999 , on file in the Planning Department SEAVIEW 9-LOT SUBDIVISION CT 98-21, as provided by Title 20 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of October 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W That based on the evidence presented at the public hearihg, the Commission RECOMMENDS APPROVAL of SEAVIEW 9-LOT SUBDIVISION CT 98- 21, 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 conditioned, 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 configurations, the lots have been designed to comply with other applicable Cit\ regulations, and required public facilities and services will be in place concurrent with development. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential Low (RL) to Medium Densit (RLM) development on the General Plan, in that this is the same General Plan Land USe designation as the project site and the project site will be developed with single- family residences consistent with the surrounding properties. 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 proposal of 9 single family residential units and 2 second dwelling units on 3.96 acres is within the growth management control point of 3.2 dwelling units per acre, that all of the lots are proposed with lot areas that meet or exceed the minimum requirement of 10,000 square feet, and the project meets all of the requirements of the R-l zone without the need for a variance from development standards. 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 th.e’ project is designed and conditioned to avoid conflicts with any established easements. 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 project design and large lot size along with dominant western wind patterns/radiation patterns will allow natural heating and cooling opportunities. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available f&al and environmental resources. PC RESO NO. 4614 -2- 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 -21 22 23 24 25 26 27 28 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that there is no sensitive habitat on the site or offsite which the project will impact. 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. 0. The Planning Commission finds that the project, as conditioned herein for Seaview 9- Lot Subdivision CT 98-21, is in conformance with the Elements of the City’s General Plan, based on the following: A. B. C. D. E. . F. G. Land Use - The project is consistent with the City’s General Plan since the proposed density of 2.9 du/acre is within the density range of O-4 du/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 3.2. 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 will not generate excessive noise nor will it be subject to noise levels greater than allowed by the General Plan Housing - 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 provide and deed restrict 2 second dwelling units as affordable to lower-income households. Open Space and Conservation - The project does not require encroachment into any areas of General Plan designated Open Space. Public Safety - The project is required to construct public streets to City standards with sidewalks, street lights, and fire hydrants. In addition, the site is safely within the service areas for the provision of public safety services (fire, police). Parks and Recreation - The project will pay a contribution toward the provision of parks through a Park-in-Lieu fee 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the PC RESO NO. 4614 -3- 32 4 c 6 7 E s 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 17. 18. 19. 20. project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. That 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 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. That this project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. That the property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that the panhandle lot configuration is desired so that the property lines can be located at the tops of slopes rather than at the bottom of slopes and usable front yard areas will be provided for the adjacent lots. 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 the proposed public street provides access to adjacent properties and the lot sizes are such that no future subdivisions will occur. That the buildable portion of the panhandle lot consists of an area of at least 10,000 square feet, which meets the requirements of Section 21.10.080(c) of the Carlsbad Municipal Code; That the front, side, and rear property lines of the panhandle lot, for purposes of determining required yards, are as shown on Exhibit “B” of the Tentative Map. That any panhandle lot hereby approved satisfies all the requirements of Section 21.10.080(d) of the Carlsbad Municipal ‘Code. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). That this project could have a potentially significant negative cumulative traffic impact on the Palomar Airport Road/El Camino Real intersection. However, this project has been conditioned to pay its fair share of the “short-term improvements”, PC RESO NO. 4614 -4- -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 thereby guaranteeing implementation of a mitigation measure that reduces the potential impact to a level of insignificance. 21. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: 1. 2. 3. 4. 5. 6. Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a final map. If any of the following 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. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map (CT 98-21) documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees’ in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. 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. The Developer shall implement, or cause the implementation of, the Seaview 9-Lot Subdivision Project Mitigation Monitoring and Reporting Program. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b) City’s approval or issuance of any permit or action, whether discretionary or non- PC RESO NO. 4614 -5- -r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. 12. 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. The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. The Developer shall include, as part of the plans submitted for any permit plan check, a .reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, SDP 98-24, and HDP 98-23 and is subject to all conditions contained in Planning Commission Resolutions No. 4613, 4615 and 4616 for those other approvals. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. HousinP 13. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict two second dwelling units (including: Second Dwelling Units on Lots 7 and 8) as affordable to lower-income households for the useful life of the dwelling units, 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 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 14. The Developer shall construct the required ‘inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. PC RESO NO. 4614 35 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 L: 18 19 20 21 22 23 24 25 26 27 28 .- LandscaDe 15. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Notice 17. The Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 18. The 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 Map, Site Development Plan, and Hillside Development Permit by Resolutions No. 4613,4615 and 4616 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. 19. The Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. 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. 20. 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 provisions: a. General Enforcement bv the Citv. 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. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 3d PC RESO NO. 4614 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - C. Failure of Association to Maintain Easements. In the event that the Association fails to maintain the “Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the 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. d. Snecial Assessments Levied bv the Citv. In the event the City has performed the necessary maintenance to the 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 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 ievied. 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 his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscane Maintenance Resnonsibilities. The HOA shall be responsible for maintenance of the slope areas on the west end of the site below the fence line and above the keystone wall on the east end of the site, as shown on the Fencing Plan, Exhibit “H”. 21. Exhibit “H” shall be revised so that the fence located along the east property line is relocated to the top of the crib wall, subject to approval of the Planning Director. 37 PC RESO NO. 4614 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -. 22. The Developer shall dedicate on the final map, an Open Space Easement over the slope areas on the west end of the site below the fence line and slopes located above the keystone wall on the east end of the site. An appropriately worded statement clearly identifying the maintenance responsibility shall be placed in the CC&Rs and shall be noted on the Final Map. Engineeriw Conditions 23. 24. 25. 26. 27. 28. 29. 30. 31. 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. 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. The developer shall provide an acceptable means for maintaining the private easements within the subdivision and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Adequate provision for such maintenance shall be included with the CC&Rs subject to the approval of the City Engineer. All concrete terrace drains shall be maintained by the homeowner’s association. An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&Rs and shall be noted on the Final Map. 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. Rain gutters must be provided to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. The developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map and in the CC&Rs. “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.” Prior to issuance of building permits, the developer shall underground all existing -CT PC RESO NO. 4614 -9- 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 overhead utilities within the subdivision boundary. Fees/Aweements 32. The developer shall pay all current fees and deposits required. 33. 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. Grading 34. 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 and receive approval for grading plans in accordance with city codes and standards prior to issuance of a building permit for the project.) 35. 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 amend 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. Dedications/Imurovements 36. 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. 37. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or as 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. 38. The developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the, “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. PC RESO NO. 4614 -lO- 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ‘21 22 23 24 25 26 27 28 Note(s) to the following effect(s) shall be placed on the final map as non-mapping data: A. The rear lot drainage system including the offsite easement to Donna Drive is considered to be privately owned and is to be privately maintained by the homeowners association. B. 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. 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. 39. 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: l The extension of Seaview Way as a public street, including but not limited to Curbs, Gutter & Sidewalk, AC Paving & Base, Parkway Landscaping, Irrigation and Utilities. (sewer, water, gas & electric, cable Tii,etc..) l The offsite sewer system in Seaview Way as shown on the tentative map. l Additional Improvements to Seaview Way as transition improvements and also l/2 street AC overlay to accommodate the proposed sewer extension. 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 improve- ment agreement or such other time as provided in said agreement. Final Maw Notes 40. C. Building permits will not be issued for development of the subject property unless the applicable agency determines that water and sewer facilities are available. PC RESO NO. 46 14 -ll- #O -. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ‘27 28 Water Conditions: 41. 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.” 42. Water, Sewer and Irrigation laterals shall be located in accordance with City and District Standards to the satisfaction of the Deputy City Engineer - Utilities. 43. All water and sewer improvements shall be designed and constructed substantially as shown on the Site Development Plan in accordance with all City and District Standards to the satisfaction of the Deputy City Engineer - Utilities. 44. The Developer shall pay its fair share for the “short-term improvements” to the El Camino ReaYPalomar 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 1 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. CODE REMINDERS Note: The project is subject to all applicable provisions of local ordinances, including but not 45. 46. 47. 48. limited to the following code requirements: 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. The tentative tract map approval shall expire twenty-four (24) months from the date of the final decision for tentative tract map approval. 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. Developer shall pay the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywide Public Facilities Fee imposed by City Council Policy #17, subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. .Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this approval will not be consistent with the General Plan and shall become void. PC RESO NO. 4614 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 e. 18 19 20 21 22 23 24 25 26 27 28 49. 50. 51. 52. 53. 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. Addresses, approved by the Building Official, shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color, as required by Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for any meter installation. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. . . . . . . . . . . . . PC RESO NO. 4614 -13- 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of October 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: Commissioner Welshons ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL I. HOLMLLER Planning Director PC RESO NO. 4614 -14- $3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - C PLANNING COMMISSION RESOLUTION NO. 461’5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 98-24 TO CONSTRUCT TWO SECOND DWELLING UNITS ON PROPERTY GENERALLY LOCATED AT THE NORTH END OF SEAVIEW WAY IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: SEAVIEW 9-LOT SUBDIVISION CASE NO.: SDP 98-24 WHEREAS, MSK Management, Inc., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Hisashi Honda and Kiyome Honda, Trustees of the Honda Family Trust dated 7/22/97, “Owner”, described as A portion of Lot “J” of the Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) “A, W, and X” dated October 20, 1999, on tile in the Planning Department, SEAVIEW 9-LOT SUBDIVISION SDP 98-24 as provided by Chapter 2 l.O6/Section 2 1.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 1st day of September, 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 Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W That based on the evidence presented at the public hearing, the Planning Commission APPROVING SEAVIEW 9-LOT SUBDIVISION SDP 98-24 based on the following findings and subject to the following conditions: FindinPs: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that a) the proposed lots can easily accommodate the proposed second dwelling unit structures while providing all required front, side, and rear yard setbacks; b) the project complies with all City standards for lot configuration, street widths, grading, and drainage for the development; c) the project is consistent and compatible with the surrounding development in scale and design; and d) the design of the second dwelling units is architecturally compatible with the single family residential structures and therefore, preserves the single family character of the surrounding neighborhood. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed lots exceed the minimum lot size requirement for the zone and can easily accommodate the proposed second dwelling unit structures and additional parking space while providing all required front, side, and rear yard setbacks and the project complies with all City standards for lot configuration, street widths, grading, and drainage. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project design complies with all applicable second dwelling unit requirements in addition to regulations for setbacks, parking, and other features of the R-1-10,000 zone. 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project design includes dedication and street improvement requirements necessary to serve the development. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 1. If any of the following 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 Site Development Plan. PC RESO NO. 4615 -2- 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. - Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan (SDP 98-24) documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. This approval is granted subject to the approval of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, CT 98-21, and HDP 98-23 and is subject to all conditions contained in Planning Commission Resolutions No.4613, 4614 and 46 16 for those other approvals. The Developer shall apply for and obtain from the Planning Director a Second Dwelling Unit Permit per Section 21.10.015 of the Carlsbad Municipal Code for each second dwelling unit. NOTICE . Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. . . . PC RESO NO. 4615 -3- 1 2 3 4 5 6 7 8 9 10 Ll .2 .3 .4 15 .6 .7 .8 .9 !O !l !2 !3 !4 !5 !6 !7 ‘8 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 20th day of October, 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: Commissioner Welshons ABSTAIN: COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4615 -4- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4616 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF HILLSIDE DEVELOPMENT PERMIT HDP 98- 23 ON PROPERTY GENERALLY LOCATED NORTH OF SEAVIEW WAY IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: SEAVIEW g-LOT SUBDIVISION CASE NO: HDP 98-23 WHEREAS, MSK Management, Inc., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Hisashi Honda and Kiyome Honda, Trustees of the Honda Family Trust dated 7/22/97, “Owner”, described as A portion of Lot “J” of the Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibit(s) “A” - “CC” dated October 20, 1999, on file in the Carlsbad Planning Department, SEAVIEW g-LOT SUBDIVISION HDP 98-23, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 20th day of October 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: A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ,27 28 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of SEAVIEW g-LOT SUBDIVISION HDP 98-23 based on the following findings and subject to the following conditions: II Findinps: 1. That undevelopable areas of the project, pursuant to Section 21.53.230(b) of this code, have been properly identified. 2. . That the project complies with the purpose and intent provisions of Section,21.95.010 of this chapter in that the proposed grading includes terraced pads which follow the site’s natural terrain which in turn minimizes the amount of project, grading. 3. That the project complies with the provisions of Section 21.95.120 of this chapter in that the proposed grading volume is within the acceptable range; no manufactured slopes over 40 feet in height will be created; the slopes will be landscaped consistent with the City’s landscape manual; and hillside drainage will be consistent with the City’s hillside development guidelines. 4. The Hillside Developmentand Design Standard found in Carlsbad Municipal Code Section 21.95.120Cl(a) can be modified to allow a height greater than 6 vertical feet for a crib retaining wall into a manufactured slope as authorized by Section 21.95.140 of the Hillside Ordinance because the project will result in a more aesthetically pleasing project with greater neighborhood compatibility than would strict adherence to the requirements of Section 21.95.120(71(a), in that the project will not result in the disturbance of any natural slopes and the proposed standards modifications will result in the ability to lower the pad elevations to a l_evel consistent with the development of the surrounding neighborhood and which will result in a balanced grading operation. 5. That the project design substantially conforms to the hillside development guidelines manual in that the project utilizes stepped pads, a terraced lot design, roof slopes which are oriented in the same direction as the slopes,. and slope edge building setbacks where applicable. II Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit. 1. If any of the following 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 Hillside Development Permit. PC RESO NO. 4616 -2- +9 1 2 3 4 5 6 7 8 9 * 10 11 12 13 14 15 16 17 b! 18 19 20 21 22 23 24 25 26 27 28 2. 3. 1 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development Permit (HDP 98-23) documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. This approval is granted subject to the approval of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, CT 98-21, and SDP 98-24, and is subject to all conditions contained in Planning Commission Resolutions No. 4613, 4614 and 4615 for those other approvals. HDP 98-23 shall expire two years from the date of final action unless a grading permit has been issued by the City Engineer. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. . . . PC RESO NO. 4616 -3- 3-0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 h PASSED, APPROVED AND ADOPTED at a regular meeti’ng of the Planning Commission of the City of Carlsbad, California, held on the 20th day of October 1999, by the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: Commissioner Welshons ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: -- MICHAEL J. HOLZMLER Planning Director 3-l PC RESO NO. 4616 -4- - EXHIWT 4 Tne City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. 0 4 Application complete date: April 9, 1999 P.C. AGENDA OF: October 20, 1999 Project Planner: Barbara Kennedy Project Engineer: Clyde Wickham SUEUECT: CT 98-21/SDP 98-24/HDP 98-23 - SEAVIEW g-LOT SUBDIVISION - Request for approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, Site Development Plan, and Hillside Development Permit to create and develop a g-lot residential subdivision with two second dwelling units on a 3.96 acre site located at the north end of Seaview Way, north of Chestnut Avenue in Local Facilities Management Zone 1. I. RECOMMENDATION That. the Planning Commission ADOPT Planning Commission Resolutions No. 4613, 4614, 46 15, and 4616 RECOMMENDING APPROVAL of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map (CT 98-21), and Hillside Development Permit (HDP 98-23) and APPROVING Site Development Plan (SDP 98-24), based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project is for the creation of a g-lot single-family residential subdivision on an infill site located at the north end of Seaview Way, north of Chestnut Avenue. The project will consist of 9 single-family residences on lots, all with areas greater than 10,000 square feet. Lot numbers 7 and 8 will also include second dwelling units to satisfy the 1.58 unit affordable housing requirement for the project. The proposed density of the subdivision is 2.9 dwelling units per acre. One of the lots at the end of the cul-de-sac is proposed as a panhandle lot. The design complies with’ all ‘panhandle standards and the required findings can be made. City Council approval is required for panhandle lots in major subdivisions, therefore the Planning Commission is being requested to make a recommendation on the CT and HDP applications. Planning Commission action on the SDP application is final. The project has been reviewed for environmental impacts and no unrnitigable significant impacts were found. As designed and conditioned, the project is in compliance with the General Plan, Subdivision Ordinance, Hillside Development Ordinance, and relevant zoning regulations of the Carlsbad Municipal Code. All City standards have been complied with and all necessary findings can be made. III. PROJECT DESCRIPTION AND BACKGROUND The 3.96 acre project site is located at the dead end of Seaview Way in Local Facilities Management Zone 1 in the northwest quadrant of the city. The project site includes a 25 foot .- CT 98-21/SDP 98-24/HDP 98-23 - SEAVIEW g-LOT SUBDIVISION October 20, 1999 Page 2 wide access down the center of Seaview Way to Chestnut Avenue. A net acreage of 3.775 acres (excluding the 25 foot access) has been used for the purposes of calculating density. Topographically, the site slopes to the west at less than a 15% gradient. However, because there are isolated areas with slopes between 15% and 40%, the site requires approval of a Hillside Development Permit. The east portion of the site is occupied by abandoned and deteriorating agricultural greenhouses and a vacant single-family dwelling. The property is surrounded by single-family residences. The proposed g-lot subdivision will be developed with single-family detached residences, two of which will include second dwelling units. The existing zoning for the property is single-family residential (R-l-10,000) which requires a minimum lot size of 10,000 square feet. The proposed lots range in size from 11,887 square feet to 21,373 square feet. Plans for the residences are included, and are required in conjunction with the Hillside Development Permit application. The two-story residences will be designed using three floor plans: Plans A and C are 4,237 and 4,328 sq. ft., respectively, with an attached three car garage and Plan B is 4,355 sq. ft. with an attached two car garage and detached two car garage with a second dwelling unit above. A site development plan is required to demonstrate the -design of the second dwelling unit. The second dwelling unit is 580 square feet in area with a separate entrance to the outside. The residences and second dwelling units exhibit a stucco exterior and low-pitched tile roof with exposed rafter tails. The residential design, which has been reviewed for consistency with the hillside guidelines, utilizes a hip roof design with a variety of roof planes and also exhibits a split level floor plan for units on the east and west ends of the site. The residential design is compatible with other residences in the vicinity. The subdivision design contains a cul-de-sac configuration with one panhandle lot. The panhandle lot is necessary because of the proposed lot configuration at the end of the cul-de-sac. An alternative design to provide public access to Lot 6 in lieu of the panhandle could be provided by reducing the street frontage on the adjacent lots and increasing the frontage width of the subject lot to a minimum of 33 feet. However, because lot width is measured at the 20 foot setback line, this would result in a reduction of the setback requirements to only 5 feet for the side setback and 10 feet for the rear setback. With a panhandle configuration, the lot width is measured beyond the panhandle and would result in a 10 foot side and 20 foot rear setback requirement. These setbacks are more consistent with the remaining lots in the proposed subdivision and with the surrounding residential development. Furthermore, the proposed panhandle configuration results in a superior site design in that the property lines will be located at the top of the downhill slopes and larger front yard areas will be provided for the adjacent lots. During the last several months, there has been a great deal of neighborhood concern regarding the design of the proposed subdivision. The primary concerns of the residents were the amount of import proposed, sewer and drainage concerns, and the height of the building pads. In response to these concerns, the applicant has redesigned the project. The original plan required over 13,000 cubic yards of import whereas the proposed plan results in a balanced grading operation. The import was reduced by adding a crib wall and lowering the pads on the east end by about 6 feet. Although there is no view preservation ordinance in the City, the developer made a concerted effort to design the building pads and residences so that they would create as little visual impact on the existing neighborhoods as possible. The new pads are approximately 22 feet below the pads of the existing residences (on the east) and the overall height of the residences is approximately 26 feet. Neighbors were also concerned about the height of the slope 53 CT 98-21/SDP 98-24/HDP 98-23 - SEAVIEW g-LOT SUBDIVISION October 20, 1999 Page 3 on the west end of the site. This slope has been lowered as much as possible without diverting the Seaview street drainage flows through to Donna Drive. Diversion of street drainage flows would create the need to obtain a 20 foot wide public storm drain easement to Donna Drive. The slopes have been stepped at the rear of the lot to reduce the overall height to no more than 20 feet and the residences are set back from the property line 77 feet or more. The hillside guidelines also require a 0.7:1 setback from the top of slope for any structure. As an example, a 26 foot high structure would need to be set back 18.2 feet from the top of slope. The visual impact to existing west end residences to the proposed residences will be minimized due to the siting of the structures, the requirement for a slope setback, and the provision of .a landscaped slope buffer. Further discussion of the issues and redesign of the project is included in the following analysis. IV. ANALYSIS The proposed project is subject to the following plans, ordinances, standards and policies: A. Residential Low-Medium Density (RLM) General Plan Land Use Designation; B. Single-Family Residential (R- 1 - 10,000) Zone Regulations; C. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); D. Hillside Development Ordinance (Chapter 2 1.95 of the Carlsbad Municipal Code) E. Inclusionary Housing Ordinance (Carlsbad Municipal Code Chapter 2 1.85); and F. Growth Management Regulations (Local Facilities Management Zone 1). 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 Density (RLM). The RLM designation allows 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 residential subdivision is 2.9 du/ac. The project complies with all elements of the General Plan as illustrated in Table 1 below: ELEMENT Land Use Table 1 - GENERAL PLAN COMPLIANCE USE, PROPOSED USES & COMPLY? CLASSIFICATION, IMPROVEMENTS GOAL, OBJECTIVE OR PROGRAM Site is designated for Nine single-family Yes RLM at 3.2 du/ac lots and two second dwelling units, at 2.9 du/ac h 4 CT 98-21/SDP 98-24HDP 98-23 - SEAVIEW g-LOT SUBDIVISION October 20, 1999 Page 4 Housing Public Safety Circulation Provision of Construction of two Yes affordable housing second dwelling units satisfies the 1.58 du. requirement Review new Required facilities Yes development have been conditioned proposals to consider emergency access, fire hydrant locations, and fire flow requirements New development A public street will be Yes shall dedicate and dedicated and improve all public constructed on the right-of-way for project site to serve circulation facilities the development. The needed to serve length of the cul-de- development. sac is 630 feet from Maximum cul-de-sac Chestnut Avenue. length of 600 feet or up to 1,200 feet with special permission from the City Engineer B. R-l-l 0,000 Zoning Regulations The project site is zoned Single-Family Residential (R-l-l 0,000). The proposed project meets or exceeds all applicable requirements of the underlying zone as demonstrated in Table 2 below. All lot sizes and widths meet or exceed the minimum requirements of the zone. All required setbacks, lot coverage, and building height for the zone have been reviewed by the Planning Department and comply with the required standards. As conditioned, any changes to the plans will require an amendment to the project approvals. Table 2: R-l ZONE COMPLIANCE I REOUIRED I PROPOSED STANDARD Minimum Lot Size - Std. Lot 10,000 sq. ft. 11,887 sq. ft. - 21,373 sq. ft. Minimum Lot Size - 15,349 sq. ft. (gross) Panhandle Lot 10,000 sq. ft. buildable area 14,557 sq. ft. buildable area Minimum Lot Width - Std. 75 feet 75 feet and greater, as Lot measured at the 20 foot front vard setback 1 Minimum Lot Width - I 75 feet I 1lOfeet Panhandle Width 20 feet 25 feet Maximum Panhandle Length 150 ft. for a single lot 43 ft. for a single lot Front Setback 20 feet 20 feet or greater Side Setback 10% of lot width 9 feet and greater ) 10 foot maximum requirement 1 CT 98-21/SDP 98-24/HDP 98-23 - SEAVIEW g-LOT SUBDIVISION October 20, 1999 Rear setback Lot Coverage Building Height 20% of lot width 20 feet and greater 20 foot maximum requirement 40% maximum 16% to 27% 30 feet 26’ - 7” maximum C. Subdivision Ordinance s 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. Cul-de-sacs over 600’ in length require review by the City Engineer. In this instance, special permission has been given for the 630’ length due to the unique location of the site and the configuration of the lots. The project is consistent with and satisfies all requirements of the General Plan and Title 2 1. It is also compatible with surrounding residential land uses. Grading over the entire site includes 18,993 cubic yards of cut and 18,993 cubic yards of fill for a balanced grading operation. The previous proposal required 13,312 cubic yards of import. The proposed grading volumes are within the acceptable range and are discussed in more detail under the Hillside Development Permit analysis. The project has been designed with the majority of the project drainage flowing to Seaview Way and out to Chestnut Avenue. The remaining drainage, for Lots 1 through 4 and for the rear yard of lot 5, will drain to the existing private drainage easement near the northwest comer out to Donna Drive. The drainage will be diverted by the use of drainage swales located on the western and northern property lines. Subdrains located at low points on pads 1 through 5 will divert drainage directly to the swale in order to reduce the amount of flow over the manufactured slopes. The hydrology report indicates that the drainage volumes will not exceed the volume of site runoff which is currently collected in the private drainage easement. The project has been designed to sewer through Seaview Way and will require the installation of . a deeper sewer lateral along the length of Seaview Way to the manhole at Chestnut Avenue. The elevations of Lots 1 through 4 have been set as low as possible while maintaining positive sewer flow. The developer will be required to offer various dedications (e.g., drainage easements, street right- of-way) and install street and utility improvements, including but not limited to, curbs, gutters, sidewalks, sewer facilities, drainage facilities, fire hydrants, and street lights. D. Hillside Development Permit Chapter 21.95 requires that a Hillside Development Permit accompany any development ,proposal which involves slopes of greater than 15 percent and an elevation differential greater than 15 feet in height. Approximately 0.02 acres of the site contains slope areas with a gradient over 15% and this sloped area comprises only .005% of the total site area. The elevation differences occurring in these slope areas is less than 5 feet. Although no individual slopes exist 3-h - CT 98-21/SDP 98-24/HDP 98-23 - SEAVIEW g-LOT SUBDIVISION October 20, 1999 Page 6 on the site which are over 15% slope and over 15 feet in height, there is a 65 foot elevation difference between the east and west ends of the site. The intent and purpose of the Hillside Development regulations is to preserve or enhance the natural qualities of natural hillsides or manufactied slopes and to assure that the alteration of natural hillsides will be done in an environmentally sensitive manner. A Hillside Development Permit may only be approved if the four hillside findings can be made. The project will also require a modification to the development and design standards to allow construction of a crib wall exceeding 6 vertical feet into the eastern slope. The proposed crib wall located along the rear yards of lots 6, 7, and 8 will range in height from 7 to 13 feet and will enable these pads to be lowered approximately 6 feet. The addition of the crib wall was a modification to the original site design in an attempt to address neighborhood concerns regarding the height of the building pads and preservation of views from the residences on the east end of the project. The walls are located behind the proposed residences and will not be highly visible from the public street. The crib walls will be planted with vines to soften the appearance of the wall. The use of the crib walls also eliminated the need for additional import of soil and the design of the subdivision will now result in a balanced grading operation. The proposed project complies with all applicable requirements of the Hillside Development Regulations and findings for a modification to the development and design standards as described in the table below. STANDARD Identify hillside and undevelopable areas Submit hillside/constraints exhibit Comply with purpose and intent of the Hillside Ordinance Implement goals and objectives of the Land Use and Open Space/Conservation Elements of the General Plan. Assure proper identification of hillside conditions. Design projects which relate to the slope of ‘me land. Minimize project grading. Contour grade slopes which are in highly visible public locations. Alter natural hillsides in an environmentally sensitive PROVIDED Hillside /constraints exhibit submitted. No constrained undevelopable lands exist on site. Project is not within a General Plan designated open space area. No significant natural hillside resources. Proposed grading includes terraced pads which follow the slope of the land. Building heights have been lowered to maximum of 26’ -7” rather than 30 feet as permitted by the Zoning Ordinance. Proposed grading volume of 5,466 cubic yards/acre is within the acceptable range of O-7,999 cubic yards/acre. The project has been designed to balance cut and fill. Height of slopes has been minimized. No slopes are in highly visible public locations. Erosion control required for all newly graded slopes. 5-7 CT 98-21/SDP 98-24/HDP 98-23 - SEAVIEW g-LOT SUBDIVISION October 20, 1999 Page 7 Comply with Hillside Development Design Standards Grading volume within O-7,999 cubic yards/acre. Maximum 40’ height manufactured slopes. Slopes must be landscaped. Hillside drainage Conform to Hillside Development Guidelines Manual Utilize terraced lots, stepped pads, orient roof slopes in the same direction as the slopes, observe slope edge building setbacks, maximum 6’ height for retaining walls. Modification to Development and Design Standards The proposed modification will result in the development of slopes which are more aesthetically appealing and natural appearing than would the strict adherence to the requirements. STANDARD Inclusionary Requirements (Units/Fees) Table 3: Inclusionary Housing REQUIRED PROVIDED 1.5 8 dwelling units 2 attached second dwelling units COMPLIANCE Yes Proposed grading volume of 5,466 cubic yards/acre is within the acceptable range. Maximum slope height is less than 25 feet. Slopes on the west end of the site do not exceed 20 feet. All slopes will be landscaped in conformance with the Landscape Guidelines Manual. The majority of the site drains to the street. The rear yards of lots l-5 will utilize a private drainage easement located off-site near the northwest comer of the site which drains to Donna Drive. A 5’ wide private drainage easement along the south property line drains toward the street. Drainage easements will be privately maintained by the homeowners. Project complies with all Hillside Design Guidelines, except for a requested modification to increase the permitted retaining wall height. The modification to allow retaining walls higher than 6 feet will allow the pad elevations of lots 6, 7, and 8 to be reduced which will result in a terraced lot design that will be more compatible with the aesthetics of the existing neighborhood. The retaining wall will be constructed as a landscaped crib wall and public views of the wall will be screened by the proposed residences. E. 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 1.58 dwelling units. The applicant is proposing to satisfy this requirement by constructing a second dwelling unit (SDU) on lots 7 and 8. Therefore, the proposed project complies with all applicable inclusionary housing requirements as demonstrated in table “3” below. The second dwelling unit design includes 580 square feet of area located above a detached two-car garage. Parking for the second dwelling unit can be provided in the two-car garage, as a separate walled off one car garage, or as tandem parking in front of the garage. 5-8 - CT 98-21/SDP 98-24/HDP 98-23 - SEAVIEW g-LOT SUBDIVISION October 20, 1999 Because the SDUs have been included in the notice and review of the proposed subdivision, additional noticing for the administrative approval is not required. Prior to issuance of a building permit, the developer will be required to submit SDU applications and record a Notice of Restriction for lots 7 and 8. F. Growth Managemeqt The proposed project is located within Local Facilities Management Zone 1 in the northwest 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 4 below. STANDARDS Table 4: Growth Management Compliance IMPACTS . 1 COMPLIANCE I City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water 1 38.24 sq. ft. 1 Yes 20.40 sq. ft. 11 EDU Yes Yes .08 acre Yes Basin B Yes 1lOADT Yes Station No. 1 Yes N/A Yes CUSD Yes 11 EDU Yes 2.420 GPD Yes The proposed project is 1 unit under the Growth Management dwelling unit allowance. V. ENVIRONMENTAL REVIEW The initial study (EIA-Part II) prepared in conjunction with this project determined that potentially significant impacts could be created as a result of agricultural chemical residues that were discovered during a Phase I site assessment. The site assessment also identified that the removal of the existing residence may warrant concern for asbestos building materials. Mitigation measures requiring soil remediation; requiring an asbestos survey and remediation if applicable; and implementing measures for disposal of trash and debris have been included to reduce impacts related to hazardous materials to levels less than significant. The project falls within the scope of the City’s MEIR for the City of Carlsbad General Plan Update (EIR 93-01) certified in September, 1994, in which a Statement of Overriding Considerations was adopted for cumulative impacts to air quality and traffic. An Average Daily Trip (ADT) of 110 would be generated by the proposed project. This ADT is consistent with the generation rate analyzed for the site in the MEIR. The project site has been disturbed by authorized grading and the surrounding properties are developed with residential land uses and all the support utilities and service infrastructure has been constructed. 49 CT 9%21/SDP 9%24/HDP 98-23 - SEAVIEW 9-LOT SUBDIVISIUN October 20, 1999 Page 9 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. In consideration of the foregoing, on July 12, 1999, the Planning Director issued a Mitigated Negative Declaration for the proposed project. The environmental document was noticed in Jhe newspaper and no public comments’were received during the 20 day public review and comment period. Subsequent to the notice and review period, the project was redesigned in response to neighborhood input. The Negative Declaration has been revised to include the new project description and expanded environmental analysis discussions. Recirculation of the Negative Declaration is not required pursuant to Section 15073.5 of the California Environmental Quality Act because the revisions do not qualify as “substantial revisions”. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8: 9. 10. Planning Commission Resolution No. 4613 (Mit. Neg. Dee) Planning Commission Resolution No. 46 14 (CT) Planning Commission Resolution No. 46 15 (SDP) Planning Commission Resolution No. 46 16 (HDP) Location Map Background Data Sheet Local Facilities Impact Assessment Form Disclosure Statement Reduced Exhibits Full Size Exhibits “A” - “CC”, dated October 20, 1999 BK:eh:mh -. BACKGROUND DATA SHEET CASE NO: CT 9%21/SDP 98-24/ HDP 98-23 CASE NAME: SEAVIEW g-LOT SUBDIVISION APPLICANT: MSK Management, Inc. REQUEST AND LOCATION: g-lot residential subdivision with two second dwellinc units on a 3.96 acre site located on the north end of Seaview Wav. north of Chestnut Avenue. LEGAL DESCRIPTION: A nortion of Lot “J” of the Ranch0 Agua Hedionda, in the Citv of Carlsbad. Countv of San Dieeo. State of California. accordine: to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County. November 16, 1896. APN: 167-070-04 Acres: 3.96 acres. Proposed No. of Lots/Units: 9 Lots / 9 SFR and 2 SDUs GENERAL PLAN AND ZONING Land Use Designation: RLM - Residential Low-Medium Density Density Allowed: O-4 d.u./acre Density Proposed: 2.9 d.u./acre Existing Zone: R-A- 10.000 Proposed Zone: N/A Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Zonina Land Use Site R-A- 10,000 Vacant North R-A- 10,000 Single-family residential South R-A-10,000 Single-family residential East R-A- 10,000 Single-family residential West R-1-7,500 Single-family residential PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 11 EDU Public Facilities Fee Agreement, dated: December 23. 1998 ENVIRONMENTAL IMPACT ASSESSMENT w Negative Declaration, issued July 12, 1999 0 Certified Environmental Impact Report, dated Cl h 4 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: Seaview g-Lot Subdivision - CT 98-21/SDP 98-24HDP 98-23 LOCAL FACILITY MANAGEMENT ZONE: L GENERAL PLAN: RLM ZONING: R-1-10.000 DEVELOPER’S NAME: MSK Management. Inc. ADDRESS: 5 142 Avenida Encinas Carlsbad, CA 92008 PHONE NO.: (760) 93 l-2785 ASSESSOR’S PARCEL NO.: 167-070-04 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 3.96 acres, 9 single-family lots w/ 2 second dwelling; units ESTIMATED COMPLETION DATE: A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = 38.24 s.f. Library: Demand in Square Footage = 20.40 s.f. Wastewater Treatment Capacity (Calculate with J. Sewer) 11 EDU Park: Demand in Acreage = .08 acres Drainage: Demand in CFS = N/A Identify Drainage Basin = Basin B (Identify master plan facilities on site plan) Circulation: Demand in ADT = 1lOADT (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = Station # 1 Open Space: Schools: Acreage Provided = E= 2.87, JH = .79, HS = 1.49 Sewer: Demands in EDU Identify Sub Basin = (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = N/A CUSD 11 EDU N/A 2,420 GPD The project is 1 unit below the Growth Management Dwelling unit allowance. DISCLOSUFkE 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 individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in thii and any other county, city and county, city municipality, district or other political subdivision or any other group or. combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner m’ust be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE. LEGAL names and addresses of && persons having a financial interest in the application. If the applicant includes a cotDoration or Dartnershiu. 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 pubiiclv-owned corDoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Joseph A. Gallagher COT/Part MSK Management, Inc. Title President Title Addre5sl12 Avenida EncinaqCarlsbad, CA 92008 Address 5142 Avenida Encinas,Carlsbad, CA 92008 3 -I 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 corooration or Dartnershig, include the names. title, addresses of all individuals owriing 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 publiciv- owned comoration, include the names, titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Hisashi and Kiyome Honda Carp/Part Title Trustees Title Address 5142 Avenida Encinas,Carlsbad, CA 92008 Address 43 2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 - (760) 438-1161 l FAX (760) 438-0894 I : 3. NON-PROFIT 0 rA NIZATION OR TRUST i If any person identitled pursuant to (1) or (2) above is a nonrxoh arnanization 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 Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of Cit\, staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? cl Yes n 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. Signat&e of owner/date Hisashi and Kiyome Honda, Trustees Print or type name of owner MSkAan%gemknt, Inc. Print or type name of applicant Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s agent H:AD~INWXJNTER\DISCLOSURE STATEMENT 6198 bd Page 2 of 2 $1 ._ $!I ! -- Pi ; #I i a a 1 -1 1 1 1 i i 1 ; $ ,P 5 . . i ,_ ---- -- = =$G?i _-i _:. _ .,,,‘ ;- :: ,-.>.;-.:z +y*--2 .___ ,7 F-T.--.-‘.__L___ ;.-I ., .. LS :-z-z : -;* I ,,-,“-T.. --+~- 3.L~7~~~z~~~ & .-L;.-T-r;; ‘, \ ’ ,:, -’ , ^ :< 7:” ‘:\ : 3 . . , ; . . \,_ ~- .y,.,;.\y;.\ ..: .?z.~~~-~.-=ik::=.-- .d ...7~~---_..-~~.~ __--.- -‘--c-z-y~~~--- _.- ‘.~~.. .---- ._4. ~ 7: ;i ? j f I ! ! ; 5 : ! j i I \ 1 I b / 1 I / i / I b? z! 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CT 9&21/SDP 98-24/HDP 98-23 SEAVIEW g-LOT SUB-DIVISION - Request for approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, Site Development Plan, and Hillside Development Permit, to create and develop a g-lot residential subdivision with two second dwelling units on a 3.96 acre site located at the north end of Seaview Way, north of Chestnut Avenue in Local Facilities Management Zone 1. Chairperson. Heineman asked the applicant if they wish to proceed with the Public Hearing with six Commissioners present or would they prefer to ask for a continuance in order to have this matter heard by a full Commission. (The applicant asked to proceed). Assistant Planning Director,.Gary Wayne introduced Item ##4. He stated that the Commission’s action on this item is a recommendation for approval for the Tentative Map and HDP. The SDP is a final action and introduced Barbara Kennedy, Associate Planner who presented the staff report as follows: The project will consist of g-single family residences on lots, all with area greater than 10,000 square feet. Lots number 7 and 8 will also include second dwelling units to satisfy the 1.58 unit affordable housing requirement for the project. The proposed density of the subdivision is 2.9 dwelling units per acre. One of the lots at the end of the cul-de-sac is proposed as a panhandle lot. Ms. Kennedy stated that the 3.96acre project site was located at the dead end of Seaview Way in Local Facilities Management Zone 1 in the northwest quadrant of the city. The project site includes a 25foot wide access down the center of Seaview Way to Chestnut Avenue. Topographically, the site slopes to the west at less than a 15% gradient. Because there are isolated areas with slopes between 15% and 40%, the site requires approval of a Hillside Development Permit. The east portion of the site is occupied by abandoned and deteriorating agricultural greenhouses and a vacant single-family dwelling. In addition. explained Ms. Kennedy, the residential design, which has been reviewed for consistency with the hillside guidelines, utilizes a hip roof design with a variety of roof planes and also exhibits a split level floor plan for units on the east and west ends of the site. The residential design is compatible with other resrdences in the vicinity. In conclusion Ms. Kennedy stated that the project site is zoned Single-Family Residential and has been reviewed for environmental impacts and no unmitigable significant impacts were found. As designed and conditioned, the project is in compliance with the General Plan, Subdivision Ordinance, Hillside Development Ordinance, and relevant zoning regulations of the Carlsbad Municipal Code and Staff recommends approval of agenda Item #4 PLANNING COMMISSION October 20, 1999 Page 7 Commrssioner Compas requested clarification regarding elevation on Lots 1, 9,4 and 5. Ms. Kennedy referred to map drawing and explained that adjacent to Lot 1 on the south side, the elevation of the existing residence was 282 near the street and the lower portion of the house was at the 275 elevation, which is approximately 7 feet below the finished floor of the new residence on lot 1. She explained that residence to the north of lot 4 is at the 276 elevation. The rear pad elevation of Lot 4 is 288 and the finished floor of the proposed residence is at 292.7, which is about a 12 foot grade difference . on the lower pad and 16 foot grade difference on the upper pad. Ms. Kennedy reminded the Commtsston that the slope started at zero and tapers out to the west. Ms. Kennedy indicated that Lot 5 pad elevation was at 295.5 and the existing residence to the north is at 294. Lot 9 elevation is at 298. The residence directly to the south of Lot 9 is at 298 also. Commission Segall requested clarification onswhether or not dirt would be brought in to the site. He wanted to clear up any misunderstandings as related to raising the pad elevation. Mr. Wojcik responded that there were no plans to import soil. This would depend on the compressibility of the soil at the project. He explained that the pad elevation does not change from the initial approval. The Public Works Inspector, insuring that all pad elevations are the same, verifies all grading plans, tentative maps and building plans. Mr. Wojcik stated that if the building height of a structure was 26.7 feet, that it was the height as measured above the proposed pad elevation. Commission Segall remarked that it appeared that the developer had been working closely with the community to keep the pad elevation to a minimum to mitigate the impact to the community. . Ms. Kennedy affirmed that the developer went through significant redesigning of the project to balance the grading and negate the impact to the community. She stated further that the developer held at least two neighborhood meetings in order to work with the community in a positive way. Ms. Kennedy sensed that the community as a whole was okay with the project going forward. Mr. Rudolf interjected that he didn’t want anyone connected to this project to have a misunderstanding that grading or elevation was a precise science. Explaining that once a dwelling was built the height of the dwelling could possibly be higher by a few inches or a few feet due to variants. The public should be aware that there is flexibility and room for less than absolute compliance. Commissioner Segall remarked that he could deal with a few inches difference in the grading, but not a .few feet. Mr. Wojcik replied that the Substantial Conformance Policy made sure that the ,approved plans are conformed with. The Policy gives the Deputy City Engineer authority to allow a difference in grading plus . or minus one foot. Discretion is also given to the City Engineer in respect to grading elevations plus or minus three feet. Typically the grade elevation would only vary plus or minus one foot. Commissioner Nielsen wanted to know how the affordable housing units were conditioned to be affordable. Ms. Kennedy explained the units would be rented at an affordable rate that is based on the San Diego median ‘income, and is 80% of the median income, and the rent can not exceed 30% of that 80% median income level. Commissioner Nielsen asked if there was monitoring of this system. Ms. Kennedy replied that there was no monitoring of this system in place at this time. The monitoring at thrs trme would be on a complaint type basrs. Commissioner Trigas wanted to know if a system would be put into place in the future to guarantee inclusionary housing. PLANNING COMMISSION October 20, 1999 Page 8 Ms. Kennedy responded that the City Council was looking at revising the policy, to require that inclusionary units be rented to tenants with qualified income levels. Joe Gallagher, 1165 Hoover Street, Cartsbad stated that the planning of the project was started two years ago. He noted that although the minimum property lot size is zoned 10,000 square feet, the project is designed with a minimum property lot size of 11,000 square feet going up to approximately 20,000 square feet. The project units were dropped from 13 to 9 units, thereby creating larger lots and the houses were rotated in order to preserve view corridors. We feel that we have created a subdivision that has character ’ and is in keeping with the existing neighbor. Elaborate tests have been conducted to attempt to assure that there will be balance grading and the soil is compatible and uniform to depth. Import or export of soil is not anticipated. The grading has been dropped 7 feet to address the concerns of the present residents in the area. Mr. Gallagher made reference to the sub-drain that would be installed at the bottom of the slope adjacent to the houses on Donna Drive, and the sub-drain will be extended through and adjacent to a current resident’s yards. Mr. Gallagher believes this will alleviate the existing condition of water seepage that is occurring in the lots adjacent to Donna Drive. Mr. Gallagher noted that the proposed grading is now in balance. If adjustments were made to the grading it would cause importing or exporting soil. In addition, stated Mr. Gallagher, the homes would be fenced. Concluding, Mr. Gallagher thanked Staff for the diligent work related to this project. Mr. Gallagher has lived in the area of Carlsbad for 30 years. He stated that the proposed project was complimentary in nature to the existing neighbor and stood on its own merit. Commissioner Compas asked what the homes would sell for. Mr. Gallagher states the homes were semi custom in nature and would be in the $700,000 range. Mr. Gallagher informed the Commission that he was in agreement with the conditions and of Item #4 on the errata sheet. As there were no further questions for Mr. Gallagher, Chairman Heineman began the public testimony. Randy Benge, 3580 Donna Drive, Carlsbad, expressed that his main concern was that a 20 foot slope would be created behind his house. With the existing drainage problem at the base of the slope, Mr. Benge wanted assurances that the ditch would be dealt with to alleviate the seepage. His fear is that irrigation of the development was going to cause major problems for the existing houses. In addition, he feels that the slope is out of character for the neighborhood. . Bruno Gardiner 3560 Donna Drive, Carlsbad, stated that he has lived approximatel) 40 years in Carlsbad on Donna Drive. He spoke with Mr. Gallagher regarding the water seepage. He further stated that Mr. Gallagher has addressed the water seepage issue with a commitment to take care of the problem. Ken Hardesty, 2225 Sara Way, Carlsbad. informed the Commission that he has lived in Carlsbad since 1972. After taktng a closer look at the project, 52 homeowners signed a petition regarding the project, objecting to the dirt being imported and other items as related to the development. He noted that an independent engineering company (Urban Logic) looked at the project and the report has been sent to staff, Planning Commission and City Council. The developer has addressed most of the issues. He stated that the existrng homeowners wanted to make sure French drains were installed on adjacent properties and that deed restrictions regarding land height are included via the conditions on the tentative map. Mr. Hardesty acknowledged that Mr. Gallagher has worked hard addressing the concerns of the exiting homeowners. The existing homeowners were quite pleased with the suggestion by staff that a retaining wall be put in that will allow the pad height to be lowered. In conclkrsion, he explained that the present homeowners did not want to stop the project’s development, but wanted the project to be in harmony with the neighborhood. Commlssroner Segall asked Mr. Hardesty if he was basically ok with the way the developer is dealing with the issues. Al PLANNING COMMISSION October 20, 1999 Page 9 Mr. Hardesty replied that he was and that he felt the project was a great addition to the neighborhood, wishing Mr. Gallagher the best of luck on the project. Gerry Matter, 3530 Avondale Circle, Carlsbad, expressed concern about the water. She has resrded in the neighborhood for 22 years and there has always been water seepage problem. During heavy rains the water levels rise 2-3 inches above the ground level, staying there for a long period of time, even months. She is worried about the project impacting her land with further water seepage problems. Ms. Matter explained that french-drains had been installed on her property to help alleviate the water seepage problem. Ms. Matter is happy that french drains are being proposed. She wants assurance that if-the proposed items fail to relieve the problem that it will not be the new homeowners responsibility to fix it, thereby avoiding the necessity for the previous homeowners to sue the new homeowners. In addition, she stated that she does approve of the project. Commission Segall asked Mr. Wojcik what a french drain was. Mr. Wojcik replied that it was a ditch with a fabric lining, and the ditch would then be filled with graded large diameter rock. As the ground water migrates, the special material and rocks catch it. The water is then directed to an outlet storm drain or if the french drain is deep enough it can be turned into a cyst drain and the water percolates into the ground. . . Stephen Masula, 2235 Sara Way, Carlsbad, has worked very closely with Staff and Mr. Gallagher on the redevelopment of the plans of the proposed project. He stated that he was very pleased with the changes instituted by the developer as a result of the input from the existing homeowners. The homeowners have paid a premium for the view corridor. He wants assurances that the view corridor will not be totally destroyed for the existing homeowners. He is concerned with privacy issues for the homeowners. . John Mosby 3661 Maria Lane, Carlsbad, stated he resides east of Lot 6. He thanked Mr. Gallagher, his staff and the Planning Department staff for the work being done. He further stated that he was very pleased with the project and the accommodations that have been made by the developer to satisfy the homeowners in the surrounding neighborhood. He did however, request that Lot 6 pad be lowered 2 to 3 feet. These request were made for the following reasons: to accommodate the standard deviation, to diminish the lost of privacy and because the proposed house is extremely large and it will be directly in front of his house. Mr. Mosby was in agreement with the retaining wall that had been discussed. Ruben Conobrono, 3570 Donna Drive, Carlsbad, resides below the proposed project, he wants to know wnat will happen if the drain does not work. Paul Linden, 3940 Monroe, Carlsbad, questioned the area where the homes would drain because the Carlsbad requirement is that homes had to drain thrwgh to the street that they front. He also wanted to know about the height requirement, because the homes should not exceed 30 feet in height. Mr. Wojcik stated that the maximum height for a residential dwelling is 30 feet and it is measured from the existing or proposed grade whichever would created the larger height. Public testimony was closed and Chairman Herneman asked Mr. Gallagher if he wished to reply to any of that matters brought before the Commission. Mr. Gallagher explained that a sub drain would be installed along Donna Drive and a bench drain would be on the surface, which should handle the sub-drainage. The source of the water seepage is not known. Tne dralnage system berng put in, as a result of this project, should help to alleviate the problem. The grading IS frxed on lots 1, 2, and 3 adjacent to Donna Drive. The adjustment of the grade on this lot is not feasible. He reiterated that the seepage problem was there before the start of his project. The grade is 304 on pad 6. Commission Compas referred to Resolution 4614/37-A -The rear lot drainage system including the offsite easement to Donna Dnve is considered to be privately owned and is to be privately maintained by the homeowners or tine homeowners associatron. He want the aforementioned item to read “homeowners assoctatlon.” 97 - PLANNING COMMISSION October 20, 1999 Page 10 Ms. Kennedy remarked that the change had been made in the errata sheet. Commissioner Segall asked how Mr. Gallagher would address the problem if the installation of the sub- drains or french drains did not work. Mr. Gallagher explained that a homeowners association would be formed to address that and other issues pertaining to the project. - Commission Trigas wanted to know the difference between a sub-drain and a french drain. Mr. Gallagher explained how the various drains (sub-drain, french drain and v-ditch drain) functioned. He did not believe this project would cause problems regarding drainage, quite the opposite, he felt the project would relieve existing drainage problems. Mr. Wayne stated that if the Commission desired to add conditions regarding the 302 elevation on lot 6, it would be an export of approximately 1000 cubic yards, which would be about 100 truck trips, in addition to conditions being placed on the unbalanced project. If the Commission desires to do this, the conditions .would be added before the City Council meeting, because it has a panhandle lot. The Commissions’ action is not final. Chairman Heineman asked Mr. Gallagher if conditions regarding the changing of the elevation were attached, would that be satisfactory. Mr. Gallagher replied that if the conditions were attached the project would be out of balance and material would have to be exported, which would affect the neighbors. He ‘stated that the property was now in balance and he would only be amenable to adjusting padding further if forced to by the Commission. Commissioner Segall wanted clarification on the number of feet regarding the adjustment. Mr. Gallagher said he agreed to between 1 and 2 feet for an adjustment. Mr. Rudolf said that the project was not analyzed for an unbalanced grading and if it was now changed to unbalance grading the entire project would have to be resubmitted and analyzed, which might require re- circulation. Mr. Wojcik explained that some of the lots did not drain to the street, because the drainage is allowed to go to an acceptable drainage course. The developer agreed to create and easement and a homeowners association to maintain the easement. He proposed that a condition be crafted that no lot be raised by more than a half or one foot, so that the project would remain balanced. . -Mr. Gallagher indicated that Mr. Wojcik’s suggestion regarding only raising the lots by a half a foot or foot was acceptable to him. Chairman Heineman reopened public testimony. John Hicks, 3601 Seaview Way, Carlsbad, wants the project to go forward as it is now. The project is balanced. He didn’t want trucks importing or exporting materials because it would impact the neighborhood. Steven Masual, 2235 Sara Way, Carlsbad, didn’t want any more delays. The developer has waited two years and should be allowed to move forward. John Mosby, 3661 Maria Lane, Carlsbad, said he could live with spreading the dirt around using it for landscaping and not exporting in. He didn’t want his neighbors on Seaview impacted. - PLANNING COMMISSION October 20, 1999 Page 11 Ken Hardesty 2225 Sara Way, Carlsbad, said we did not live in an idea world,. there IS’ no absolute balance and the project should go forward as is. He does not want the developer to have to go before another public hearing. Jerry Tarman, 3535 Bedford Circle, Carlsbad, which is adjacent to lot 5. He wants the project to go forward as it is. Marge (no last name given) lives next to Lot 6,7 and 8. She volunteered to take few hundred cubic feet of ’ the dirt for landscaping. Chairman Heineman closed public testimony and called for a motion. ACTION: Motion by Commissioner Trigas, and duly seconded, that Planning Commission Resolution 4635 be adopted approving a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, Site Development Plan, and Hillside Development Permit CT 96 21/SDP 98-24/HDP 98-23 - Seaview 9 lot Subdivision and the errata sheet, based upon the findings and subject to the conditions contained therein. VOTE: 6-O AYES: - Heineman Compaq L’Heureux, Segall, Trigas, Nielsen NOES: None ABSENT: Welshons 99 AGENDAllERl# 13 i December 2,1999 City of Carlsbad Planning Department Barbara Kennedy 2075 Las Palmas Dr. Carlsbad, Ca. 92009 4% Mayor City Council City Manaer City Attorney City Clerk Re: Seaview -9 lot subdivision We, and many of residents near and around the 9 lot Seaview subdivision became aware of the project about 6 months ago. At that time we saw several things,( please refer to letters on file) that we felt were not in the best interest of the surrounding neighborhoods. We had several meetings and talked with you and Joe Gallagher, along with an independent engineering consultant. It is now our understanding that the important issues have been addressed, such as the grading (no till and the site is balanced), drainage (french drains and excavation at the bottom of the Seaview Subdivision and up the north side if necessary), the developer agreed to create CC&R’s to maintain the slopes and restrict the tree height no higher than the eves of the Seaview homes, the developer also agreed to lowering the height of the overall house to better fit into the surrounding neighborhood. This was the first experience working with the City and a developer on something so near and personal as this project being built “next door” for most of us. We are pleased to see our opinions were not ignored, in fact most were well received by staff and Joe Gallagher, and the result is we all have a better project. I would like to thank you for all your help and hard work. We are looking forward to seeing this finished project as an addition to our neighborhood. Now it is up to MSK Development/Joe Gallagher to build the quality homes we all talked about and agreed to. 8&$&n Hardesty cc: Joe Gallagher City Counsel NOTICE OF PUBLIC HEARING CT 98-21/HDP 98-23 - SEAVIEW g-LOT SUBDIVISION NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, December 7, 1999, to consider a request for approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, and Hillside Development Permit to create and develop a g-lot residential subdivision with two second dwelling units on a 3.96 acre site located at the north end of Seaview Way, north of Chestnut Avenue in Local Facilities Management Zone 1 and more particularly described as: A portion of Lot “J” of the Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on or after December 3, 1999. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 438-l 161, extension 4325. The time within which you may judicially challenge this Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, and/or Hillside Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, and/or Hillside 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 at or prior to the public hearing. APPLICANT: MSK MANAGEMENT, Inc. PUBLISH: NOVEMBER 26,1999 CITY OF CARLSBAD CITY COUNCIL ~uJ/L--f-.L ( \ f \/ \ 1, Y I \ \ SEAVIEW g-LOT SUBDIVISION CT 98-2UHDP 98-23 I Smooth Feed SheetsTM Use template for 516@ CARLSBAD UNIF SCHOOL DIST 801 PINE AVE CARLSBAD CA 92008 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CALIF DEPT OF'FISH & 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 MSK MANAGEMENT INC 5142 AVENIDA ENCINAS CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SERVICES . CITY OF CARLSBAD PROJECT PLANNER BARBARA KENNEDY 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 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARC& 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 ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 JACK HENTHORN & ASSOCIATES STE D 5375 AVENIDA ENCINAS CARLSBAD CA 92008 CITY OF CARLSBAD MUNICIPAL WATER DISTRICT -, r . -.. - a .,6 . Pfafflin 4020 Park Dr Carlsbad CA 92008-2619 William V & Rosa Daly PO Box 260 Carlsbad CA 92018-0260 Hollywood Walter P Tr 5516 Halifax Rd Arcadia CA 91007-8413 John T Matter 3530 Avondale Cir Carlsbad CA 92008-2004 D V Overmyer 3500 Avondale Cir Carlsbad CA 92008-2004 William Vielhauer 3525 Bedford Cir Carlsbad CA 92008-2005 Dee L & Lise Goodin 3530 Bedford Cir . Carlsbad CA 92008-2005 Victor M Dalforno 3500 Bedford Cir Carlsbad CA 92008-2005 Stephen F Schafer 2140 Janis Way Carlsbad CA 92008-2022 Lynne Stanton 2102 Janis Way Carlsbad CA 92008-2022 Clifton Tr 3590 Ridgecrest Dr Carlsbad CA 92008-2033 Roberta R Whitlock 3560 Ridgecrest Dr Carlsbad CA 92008-2033 Thelma M Jacobson 3525 Avondale Cir Carlsbad CA 92008-2004 Ellie M Bayley 3520 Avondale Cir Carlsbad CA 92008-2004 Virginia S Obrien 3501 Bedford Cir Carlsbad CA 92008-2005 Gerald C & Mary Tarman 3535 Bedford Cir Carlsbad CA 92008-2005 Janis D Enslow 3520 Bedford Cir Carlsbad CA 92008-2005 John D & Toni Rush 2160 Janis Way Carlsbad CA 92008-2022 R T & Barbara Wood 2130 Janis Way Carlsbad CA 92008-2022 Doreen A Skiles 3600 Azure Cir Carlsbad CA 92008-2782 h William T Beckett 3580 Ridgecrest Dr Carlsbad CA 92008-2033 Milton B & Eva Cooper 3501 Avondale Cir Carlsbad CA 92008-2004 Burke 3535 Avondale Cir Carlsbad CA 92008-2004 Alma T Mcree 3510 Avondale Cir Carlsbad CA 92008-2004 . Thee1 Charles R 3515 Bedford Cir Carlsbad CA 92008-2005 Robert G & Mary Murrell 3540 Bedford Cir Carlsbad CA 92008-2005 James M Chambers 3510 Bedford Cir Carlsbad CA 92008-2005 Diana M Silva 2150 Janis Way Carlsbad CA 92008-2022 Eric E Friedrichsen 2120 Janis Way Carlsbad CA 92008-2022 Joseph F Stewart 3604 Azure Cir Carlsbad CA 92008-2782 h Betty J Rogers Maureen A Lough Ronald C Rossi 12658 Oxford Dr 3612 Azure Cir 3616 Azure Cir La Mirada CA 90638-2507 Carlsbad CA 92008-2782 Carlsbad CA 92008-2782 Cornelia D Strickland Steven J Goodger Lentz Jean E 3620 Azure Cir 3628 Azure Cir 3624 Azure Cir Carlsbad CA 92008-2782 Carlsbad CA 92008-2782 Carlsbad CA 92008-2782 Frank T Kershisnik Patric M Dowdy Edward C Dowling 3632 Azure Cir 3636 Azure Cir 3644 Azure Cir Carlsbad CA 92008-2782 Carlsbad CA 92008-2782 Carlsbad CA 92008-2782 Lorraine M Martini Rosemary S Sturdevant G R & Vandy Bradford 3640 Azure Cir . 3648 Azure Cir 3652 Azure Cir Carlsbad CA 92008-2782 Carlsbad CA 92008-2782' Carlsbad CA 92008-2782 Shope Tr PO Box 2321 La Mesa CA 91943-2321 Melvin F & Carol Baker 3668 Azure Cir Carlsbad CA 92008-2782 Geoffrey J Crask 3680 Azure Cir Carlsbad CA 92008-2782 Victor Romero 3692 Azure Cir Carlsbad CA 92008-2782 Virgil & Jean Tooman 3689 Azure Cir Carlsbad CA 92008-2783 Monier 3645 Azure Cir Carlsbad CA 92008-2783 Lieux Kenneth C Curtis 3660 Azure Cir 4117 Park Dr Carlsbad CA 92008-2782 Carlsbad CA 92008-3636 Maria H Melbourne Brenda Macbaisey PO Box 9 3676 Azure Cir San Luis Rey 92068-0009 Carlsbad CA 92008-2782 b Michael J & Cheri White David C & Pamela Fisk 3684 Azure Cir 3688 Azure Cir Carlsbad CA 92008-2782 Carlsbad CA 92008-2782 Mario Artiglio Bruce & Carol Zahn 3696 Azure Cir 3700 Azure Cir Carlsbad CA 92008-2782 Carlsbad CA 92008-2700 Shepherd M & Naomi Rod Susan A Hellweg 3685 Azure Cir 3649 Azure Cir Carlsbad CA 92008-2783 Carlsbad CA 92008-2783 Pamela J Weisberg Kennedy 3551 Celinda Dr 3561 Celinda Dr Carlsbad CA 92008-2771 Carlsbad CA 92008-2771 h Jan & Chi-Hua Shihming Curtis G & Angela Odom Todd H Nalley 3571 Celinda Dr 3581 Celinda Dr 2260 Sara Way Carlsbad CA 92008-2771 Carlsbad CA 92008-2771 Carlsbad CA 92008-2779 Copeland Lance Artwohl William Doolittle 2250 Sara Way 2256 Sara Way 2240 Sara Way Carlsbad CA 92008-2779 Carlsbad CA 92008-2779 Carlsbad CA 92008-2779 Kenneth M & Angela Mar Gerald & Jill Sokol 'Kenneth B Mackenzie 4083 W Ivanhoe St 2220 Sara Way 2210 Sara Way Chandler AZ 85226-2176 Carlsbad CA 92008-2779 Carlsbad CA 92008-2779 Kenneth A Hardesty Stephen E Masula Reilly Tr 2225 Sara Way 2235 Sara Way 3651 Maria Ln Carlsbad CA 92008-2780 Carlsbad CA 92008-2780 Carlsbad CA 92008-2778 . John W & Karen Mosby Peter H & Tsao Yeung John E Senvisky 3661 Maria Ln 3665 Maria Ln 3690 Maria Ln Carlsbad CA 92008-2778 Carlsbad CA 92008-2778 Carlsbad CA 92008-2777 Ronald & Therese Warhol Steven J Pulver Dennis G Schroeder 3684 Maria Ln 3680 Maria Ln 3674 Maria Ln Carlsbad CA 92008-2777 Carlsbad CA 92008-2777 Carlsbad CA 92008-2777 James F Brusso Gregory R Nelson Donald P Connelly 3670 Maria Ln 92008-'2777 3664 Maria Ln 3660 Maria Ln Carlsbad CA Carlsbad CA 92008-2777 Carlsbad CA 92008-2777 Birks Edward A Perry Keith C & Linda Thamer 3654 Maria Ln 3650 Maria Ln 3671 Celinda Dr Carlsbad CA 92008-2777 Carlsbad CA 92008-2777 Carlsbad CA 92008-2774 Kevin F Swartz James & Marla Daigh Marion & Frances Mccord 3204 Caves Rd 12923 W 129th St 2226 Janis Way Owings Mills 21117-4002 Shawnee Missi 66213-3919 Carlsbad CA 92008-2775 Dale M & Debra Kubacki Morris G Redding James H Nakamura 2236 Janis Way 2246 Janis Way 2235 Janis Way Carlsbad CA 92008-2775 Carlsbad CA 92008-2775 Carlsbad CA 92008-2776 M E & Susan Wrinkle Dennis C Williams Borden 2225 Janis Way 2215 Janis Way 3460 Donna Dr Carlsbad CA 92008-2776 Carlsbad CA 92008-2776 Carlsbad CA 92008-2013 John J Monahan James & Jill Mckenna Hunt 3470 Donna Dr 2727 Chestnut Ave 3471 Donna Dr Carlsbad CA 92008-2013 Carlsbad CA 92008-2126 Carlsbad CA 92008-2014 David B Ripley Alfonso & Linda Ledesma Ross J Cirrincione 2060 Janis Way 2050 Janis Way 2071 Janis Way Carlsbad CA 92008-2020 Carlsbad CA 92008-2020 Carlsbad CA 92008-2021 David &,Viola Panman David P & Catherine Oas Nancy J Galli 1152 Calle Maria 2051 Janis Way 2041 Janis Way San Marcos CA 92069-2103 Carlsbad CA 92008-2021 Carlsbad CA 92008-2021 Leo F & Viola Price Michael E Markovitz Stephen J Giuckman 2031 Janis Way 3482 Donna Dr 159 S Anita Ave Carlsbad CA 92008-2021 Carlsbad CA 92008-2015 Los Angeles C 90049-3834 *** 135 Printed *** Chestnut Associates L L Robert K Jennings Kitching PO Box 2584 3725 Westhaven Dr 2097 Chestnut Ave Carlsbad CA 92018-2584 Carlsbad CA 92008-2753 Carlsbad CA 92008-2716 G H Thomas Harry D Mollgaard Ernest L Mercado 3701 Westhaven Dr PO Box D 5082 Corte Alacante. Carlsbad CA 92008-2753 Kernville CA 93238-1296 Oceanside CA 92057-3429 . Rosie M Quiroz Enger Tr Garth F Packard 2025 Chestnut Ave 2055 Chestnut Ave 2057 Chestnut Ave Carlsbad CA 92008-2716 Carlsbad CA 92008-2716 Carlsbad CA 92008-2716 'Leo J & Dianna Pacheco Galen A Clavier Marlys A Vosburgh 2100 Chestnut Ave PO Box 548 3620 Donna Dr Carlsbad CA 92008-2718 Carlsbad CA 92018-0548 Carlsbad CA 92008-2724 David E Trotta Frizzell Mary M Slager 3610 Donna Dr 3600 Donna Dr 3870 Armstrong St Carlsbad CA 92008-2724 Carlsbad CA 92008-2724 San Diego CA 92111-3513 Randall L & Anne Benge Ruben C Cantabrana Bruno & Nora Gardiner PO Box 188 3570 Donna Dr PO Box 687 Carlsbad CA 92018-0188 Carlsbad CA 92008-2761 Carlsbad CA 92018-0687 Frederick J Kiko Thomas B Folsom George L .& Mary Massery 3561 Donna Dr 3571 Donna Dr 3591 Donna Dr Carlsbad CA 92008-2723 Carlsbad CA' 92008-2723 Carlsbad CA 92008-2723 Robert A & Susan Warner Earl P Mollohan Michael C & Susan Shea 190 Douglas Dr 2030 Charleen Cir 2010 Charleen Cir Oceanside CA 92054-7830 Carlsbad CA 92008-2707 Carlsbad CA 92008-2707 Dwight A Vallely Ruth E Brown Baker 2027 Charleen Cir 2031 Charleen Cir 2035 Charleen Cir Carlsbad CA 92008-2707 Carlsbad CA 92008-2707 Carlsbad CA 92008-2707 Fraley Carolyn C Wood Arno & Barbara Zielke 2041 Charleen Cir 2045 Charleen Cir 2044 Chestnut Ave Carlsbad CA 92008-2707 Carlsbad CA 92008-2707 Carlsbad CA 92008-2715 , I Bas Tr Helen E Wolenchuk Merrill J & Tessa Silva 2040 Chestnut Ave 2034 Chestnut Ave 3376 Garfield St Carlsbad CA 92008-2715 Carlsbad CA 92008-2715 Carlsbad CA 92008-3127 Pilgrim United Church 0 Roger L-& Andrea Ryon S D & Mary Seibert 2020 Chestnut Ave 3502 Donna Dr 3512 Donna Dr Carlsbad CA 92008-2715 Carlsbad CA 92008-2722 Carlsbad CA 92008-2722 Steven D & Kathy Borso 3522 Donna Dr Carlsbad CA 92008-2722 Richard E Pfahler 3552 Donna Dr Carlsbad CA 92008-2722 Jeffrey S & Lois Summy 2061 Lee Ct Carlsbad CA 92008-2763 David D Hellmers 2031 Lee Ct Carlsbad CA 92008-2763 b. Rory & Marcia Oneal 2022 Lee Ct Carlsbad CA 92008-2762 Bill .L & Peggy Hattig 2052 Lee Ct Carlsbad CA 92008-2762 Pfankuch Mack T Marshall 1230 Magnolia Ave 3542 Donna Dr Carlsbad CA 92008-2542 Carlsbad CA 92008-2722 Charles A Gough Michael E Mcnabb 2081 Lee Ct 2071 Lee Ct Carlsbad CA 92008-2765 Carlsbad CA 92008-2765 Joseph J Condren Sidney Shankland 2051 Lee Ct 2041 Lee Ct Carlsbad CA 92008-2763 Carlsbad CA 92008-2763 Edward C Moser Darrell A Pines 2021 Lee Ct 2011 Lee Ct Carlsbad CA 92008-2763 Carlsbad CA 92008-2763 Mindy T Chrisman Jeffrey & Lisa Skelly 2032 Lee Ct 2042 Lee Ct Carlsbad CA 92008-2762 Carlsbad CA 92008-2762 Lee Margaret Forrest 2062 Lee Ct 2072 Lee Ct Carlsbad CA 92008-2762 Carlsbad CA 92008-2764 Bruce W Hueners Curtis D Wigley Nutting Dorothy I 2082 Lee Ct 3768 Skyline Rd 3770 Skyline Rd Carlsbad CA 92008-2764 Carlsbad CA 92008-2741 Carlsbad CA 92008-2741 Paul G & Juanita Cosby 3700 Westhaven Dr Carlsbad CA 92008-2752 Jeremy Mencher PO Box 5413 Fullerton CA 92838-0413 Brown 3611 Seaview Way Carlsbad CA 92008-2767 William S Pierce 3630 Seaview Way Carlsbad CA 92008-2767 Simonis 2190 Chestnut Ave Carlsbad CA 92008-2718 Eastwood 3677 Maria Ln Carlsbad CA 92008-2781 Angelina T Elliott 3631 Seaview Way Carlsbad CA 92008-2767 John R & Susan Hicks PO Box 4656 Carlsbad CA 92018-4656 Gerald & Ethel Hafner 3600 Seaview Way Carlsbad CA 92008-2767. Matthew L Posard 2200 Chestnut Ave Carlsbad CA 92008-2720' Melvin J & Kay Henry 8229 E 950 N Delphi IN 46923-9508 Warren Wilkinson 8801 Reseda Blvd B Northridge CA 91324-5368 Margaret G Co&in 3626 Seaview Way Carlsbad CA 92008-2767 * Curtis E & Debra Gibson 3606 Seaview Way Carlsbad CA 92008-2767 J A & Debra Evans 3671 Maria Ln Carlsbad CA 92008-2781 Joseph M Pashley 2203 Cameo Rd Carlsbad CA 92008-2759 Raymond E & Jane Knapp Birgit E Sarko Dennis & Brenda Hudgins 2286 Cameo Rd 2276 Cameo Rd 2266 Cameo Rd Carlsbad CA 92008-2758. Carlsbad CA 92008-2758 Carlsbad CA 92008-2758 Michael Cianciola Stephen M & Carole Nave Trostrud 2246 Cameo Rd 2236 Cameo Rd 2226 Cameo.Rd Carlsbad CA 92008-2758 Carlsbad CA 92008-2758 Carlsbad CA 92008-2'758 Haiying W Yu J C & Kathleen Fornal Delwin L Seeba 13751 Beach St 12886 Caminito De Las 0 PO Box 111662 Cerritos CA 90703-1429 De1 Mar CA 92014-3739 Anchorage AK 99511-1662 Francisco Cota Craig Lindholm PO Box 430996 2155 Chestnut Ave San Ysidro CA 92143-0996 Carlsbad CA 92008-2719 to996 Russell & Joy Rice Margaret R Veigel G & J Wrench 2205 Cameo Rd 3521 Charter Oak Dr 3531 Charter Oak Dr Carlsbad CA 92008-2759 Carlsbad CA 92008-2010 Carlsbad CA 92008-2010 , Smooth Feed SheetsTM . KIM0 D CUMMINGS 2215 SARA WAY CARLSBAD CA 92008 GERALD & ETHEL HAFNER 3600 SEAVIEW WAY CARLSBAD CA 92008 LORI SCHMIDT 2215 SARA WAY CARLSBAD CA 92008 DEE GODWIN 3530 BEDFORD CIR CARLSBAD CA 92008 KAREN MOSBY 3661 MARIA LN CARLSBAD CA 92008 ALTON & NORMA BROWN 3611 SEAVIEW WAY CARLSBAD CA 92008 BOB FLEMING 2220 SARA WAY CARLSBAD CA 92008 WARREN WILKINSON 3621 SEAVIEW WAY- CARLSBAD CA 92008 SUE & STEVE DEWULF 2230 SARA WAY CARLSBAD CA 92008 -4 Use template for 51W DEBBIE GIBSON 3606 SEAVIEW WAY CARLSBAD 'CA 92008 GERRY MATTER 3530 AVONDALE CIR CARLSBAD CA 92008 .DR ROGER BURKE 3535 AVONDALE CIR CARLSBAD CA 92008 MARY TORNBORG BRUNO & NORA GARDINER 3544 CELINDA DR 3560 DONNA DR CARLSBAD CA 92008 CARLSBAD CA 92008 STEPHEN & CANDICE DANIELS JOHN & SUSAN HICKS 3590 DONNA DR 3601 SEAVIEW WAY CARLSBAD CA 92008 CARLSBAD CA 92008 FREDERICK KIKE MARY JILL & JERRY TARMAN 3561 DONNA DR 3535 BEDFORD CIR CARLSBAD CA 92008 CARLSBAD CA 92008 MARSHALL MACK ROBERT & MAYBELLE MURRELL JAE & DEBRA EVANS 3542 DONNA DR 3540 BEDFORD CIR 3671 MARIA LN' CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 PATRICK CONLIN RANDALL BENGE 3626 SEAVIEW WAY 3580 DONNA DR CARLSBAD CA 92008 CARLSBAD CA 92008 (Form A) TO: C1T.Y CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notide CT 9&21/HDP 98-23 - Seaview g-Lot Subdivision for a public hearing before the Clty Council. Please notice the Item for the council meeting of First Available Hearing Thank you. Assistant City Han November 2, 1999 Date City of Carlsbad - FILE COPY NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your.interest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, October 20, 1999, to consider a request for approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, Site Development Plan, and Hillside Development Permit to create and develop a 9-lot residential subdivision with two second dwelling units on a 3.96 acre site located at the north end of Seaview Way, north of Chestnut Avenue in Local Facilities Management Zone 1 and more particularly described as: , A portion of Lot “J” of the Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego; State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after October 14, 1999. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 438-l 161, extension 4325. The time within which you may judicially challenge this Mitigated Negative De&ration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, Site Development Plan, and Hillside Development Permit, if approved, is established by state law and/or city ordinance, and is very.short. If you challenge the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, Site Development Plan, and Hillside 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 at or prior to the public hearing. CASE FILE: CT 9&21/SDP 9%42/HDP 98-23 CASE NAME: SEAVIEW 9-LOT SUBDIVISION PUBLISH: OCTOBER 7,1999 CITY OF’ CARLSBAD PLANNING DEPARTMENT 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-l 161 - FAX (760) 438-0894 SEAVIEW g-LOT SUBDIVISION CT 98-ZIISDP 98=24/HDP 98-23 Jeremy Mencher Angelina T Elliott Warren Wilkinson PC Box 5413 3631 Seaview Way 8801 Res'eda Blvd E Fullerton CA 92838-0413 Carlsbad CA 92008-2767 Northridge CA 91324-5365 Brown John R & Susan.Hicks Margaret G Conlin 3611 Seaview Way PO Box 4656 3626 Seaview Way Carlsbad CA 92008-2767 Carlsbad CA 92018-4656 Carlsbad CA 92008-2767 William S Pierce Gerald & Ethel Hafner Curtis E & Debra Gibson 3630 Seaview Way 3600 Seaview Way 3606 Seaview Way Carlsbad CA 92008-2767 Carlsbad CA 92008-2767 Carlsbad CA 92008-2767 Simonis Matthew L Posard J A & Debra Evans 2190 Chestnut Ave 2200 Chestnut Ave 3671 Maria Ln Carlsbad CA 92008-i718 Carlsbad CA 92008-2720. Carlsbad CA 92008-2781 Eastwood Melvin J & Kay Henry Joseph M Pashley 3677 Maria Ln 8229 E 950 N 2203 Cameo Rd Carisbad CA 92008-2781 Delphi IN 46923-9508 Carlsbad CA 92008-2759 Raymond E & Jane Knapp Birgit E Sarko Dennis & Brenda Hudgins 2286 Cameo Rd 2276 Cameo Rd 2266 Cameo Rd Carlsbad CA 92008-2758. Carlsbad CA 92008-2758 Carlsbad CA 92008-2758 Michael Cianciola Stephen M & Carole Nave Trostrud 2246 Cameo Rd 2236 Cameo Rd 2226 Cameo Rd Carlsbad CA 92008-2758 Carlsbad CA 92008-2758 Carlsbad CA 92008-2758 Haiying W Yu J C & Kathleen Fornal Delwin L Seeba 13751 Beach St 12886 Caminito De Las 0 PO Box 111662 Cerritos CA 90703-1429 De1 Mar CA 92014-3739 Anchorage AK 99511-1662 Francisco Cota Craig Lindholm Francisco Cota P3 Box 430996 2155 Chestnut Ave PO Box 430996 San Ysidro CA 92143-0996 Carlsbad CA 92008-2719 San Ysidro CA 92143-0996 Russell & Joy Rice Margaret R Veigel G & J Wrench 2205 Cameo Rd 3521 Charter Oak Dr 3531 Charter Oak Dr Carlsbad CA 92008-2759 Carlsbad CA 92008-2010 Carlsbad CA 92008-2010 Pfafflin 4020 Park Dr Carlsbad CA 92008-2619 William V & Rosa Daly PO Box 260 Carlsbad CA 92018-0260 Hollywood Walter P Tr 5516 Halifax Rd Arcadia CA 91007-8413 John T Matter 3530 Avondale Cir Carlsbad CA 92008-20'04 D V Overmyer 3500 Avondale Cir Carlsbad CA 92008-2004 William Vielhauer 3525 Bedford Cir Carlsbad CA 92008-2005 Dee L & Lise Goodin 3530 Bedford Cir Carlsbad CA 92008-2005 Victor M Dalforno 3500 Bedford Cir Carlsbad CA 92008-2005 Clifton Tr 3590 Ridgecrest Dr Carlsbad CA 92008-2033 Roberta R Whitlock 3560 Ridgecrest Dr Carlsbad CA 92008-2033 Thelma M Jacobson 3525 Avondale Cir Carlsbad CA 92008-2004 Ellie M Bayley 3520 Avondale Cir Carlsbad CA 92008-2004 Virginia S Obrien 3501 Bedford Cir Carlsbad CA 92008-2005 Gerald C & Mary Tarman 3535 Bedford Cir Carlsbad CA 92008-2005 William T Beckett 3580 Ridgecresc Dr Carlsbad CA 92008-2033 Milton B & Eva Cooper 3501 Avondale Cir Carlsbad CA 92008-2004 Burke 3535 Avondale Cir Carlsbad CA 92008-2004 Alma T Mcree 3510 Avondale Cir Carlsbad CA 92008-2004 Thee1 Charles R. 3515 Bedford Cir Carlsbad CA 92008-2005 Robert G & Mary Murrell 3540 Bedford Cir Carlsbad CA 92008-2005 Janis D Enslow James M Chambers 3520 Bedford Cir 3510 Bedford Cir Carlsbad CA 92008-2005 Carlsbad CA 92008-2005 John D & Toni Rush Diana M Silva 2160 Janis Way 2150 Janis Way Carlsbad CA 92008-2022 Carlsbad CA 92008-2022 Stephen F Schafer R T & Barbara Wood Eric E Friedrichsen 2i40 Janis Way 2130 Janis Way 2120 Janis Way Carlsbad CA 92008-2022 Carlsbad CA 92008-2022 Carlsbad CA 92008-2022 Lynne Stanton Doreen A Skiles Joseph F Stewart 2102 Janis Way 3600 Azure Cir 3604 Azure Cir Carlsbad CA 92008-2022 Carlsbad CA 92008-2782 Carlsbad CA 92008-2782 . Betty J Rogers Maureen A Lough Ronald C Rossi 12658 Oxford Dr 3612 Azure Cir 3616 Azure Cir La Mirada CA 90638-2507 Carlsbad CA 92008-2782 Carlsbad CA 92008-2782 Cornelia D Strickland Steven J Goodger Lentz Jean E 3620 Azure Cir 3628 Azure Cir 3624 Azure Cir Carlsbad CA 92008-2782 Carlsbad CA 92008-2782 Carlsbad CA 92008-2782 Frank T Kershisnik Patric M Dowdy Edward C Dowling 3632 Azure Cir 3636 Azure Cir 3644 Azure Cir Carlsbad CA 92008-2782 Carlsbad CA 92008-2782 Carlsbad CA 92008-2782 Lorraine M Martini Rosemary S Sturdevant G R & Vandy Bradford 3640 Azure Cir 3648 Azure Cir 3652 Azure Cir Carlsbad CA 92008-2782 Carlsbad CA 92008-2782 - Carlsbad CA 92008-2782 Shope Tr Lieux Kenneth C Curtis PO Box 2321 3660 Azure Cir 4117 Park Dr La Mesa CA 91943-2321 Carlsbad CA 92008-2782 Carlsbad CA 92008-3636 Melvin F & Carol Baker Maria H Melbourne Brenda Macbaisey 3668 Azure Cir PO Box 9 3676 Azure Cir Carlsbad CA 92008-2782 San Luis Rey 92068-0009 Carlsbad CA 92008-2782 Geoffrey J Crask Michael J & Cheri White David C & Pamela Fisk 3680 Azure Cir 3684 Azure Cir 3688 Azure Cir Carlsbad CA 92008-2782 Carlsbad CA 92008-2782 Carlsbad CA 92008-2'782 Victor Romero 3692 Azure Cir Carlsbad CA 92008-2782 Virgil & Jean Tooman 3689 Azure Cir Carlsbad CA 92008-2783 Monier 3645 Azure Cir Carlsbad CA 92008-2783 Mario Artiglio Bruce & Carol Zahn 3696 Azure Cir 3700 Azure Cir Carlsbad CA 92008-2782 Carlsbad CA 92008-2700 Shepherd M & Naomi Rod Susan A Hellweg 3685 Azure Cir 3649 Azure Cir Carlsbad CA 92008-2783 Carlsbad CA 92008-2783 Pamela J Weisberg Kennedy 3551 Celinda Dr 3561 Celinda Dr Carlsbad CA 92008-2771 Carlsbad CA 92008-2771 . Jan & Chi-Hua Shihming 3571 Celinda Dr Carlsbad CA 92008-2771 Copeland 2250 Sara Way Carlsbad CA 92008-2779 Kenneth M & Angela Mar 4083 W Ivanhoe St Chandler AZ 85226-2176 Kenneth A Hardesty 2225 Sara Way Carlsbad CA 92008-2780 John W & Karen Mosby 3661 Maria Ln Carlsbad CA 92008-2778 Ronald & Therese Warhol 3684 Maria Ln Steven J Pulver 3680 Maria Ln Carlsbad CA 92008-2777 Carlsbad CA 92008-2777 Curtis G & Angela Odom 3581 Celinda Dr Carlsbad CA 92008-2771 Lance Artwohl 2256 Sara Way Carlsbad CA 92008-2779 Gerald & Jill Sokol 2220 Sara Way Carlsbad CA 92008-2779 Stephen E Masula 2235 Sara Way Carlsbad CA 92008-2780 /Peter H & Tsao Yeung 3665 Maria Ln Carlsbad CA 92008-2778 Todd H Nalley 2260 Sara Way Carlsbad CA 92008-2779 William Doolittle 2240 Sara Way Carlsbad CA 92008-2779 Kenneth B Mackenzie 2210 Sara Way Carlsbad CA 92008-2779 Reilly Tr 3651 Maria Ln Carlsbad CA 92008-2778 John E Senvisky. 3690 Maria Ln Carlsbad CA 92008-2777 Dennis G Schroeder 3674 Maria Ln Carlsbad CA 92008-2777 James F Brusso Gregory R.Nelson Donald P Connelly 3670 Maria Ln 3664 Maria Ln 3660 Maria Ln Carlsbad CA 92008-2777 Carlsbad CA 92008-2777 Carlsbad CA 92008-2777 Birks Edward A Perry Keith C & Linda Thamer 3654 Maria Ln 3650 Maria Ln 3671 Celinda Dr Carisbad CA 92008-2777 Carlsbad CA 92008-2777 Carlsbad CA 92008-2774 Kevin F Swartz James & Marla Daigh Marion & Frances Mccord 3204 Caves Rd 12923 W 129th St 2226 Janis Way Owings Mills 21117-4002 Shawnee Missi 66213-3919 Carlsbad CA 92008-2775 Dale M & Debra Kubacki Morris G Redding James H Nakamura 2236 Janis Way 2246 Janis Way 2235 Janis Way Carlsbad CA 92008-2775 Carlsbad CA 92008-2775 Carlsbad CA 92008-2776 Robert K Jennings 3725 Westhaven Dr Carlsbad CA 92008-2753 . Chestnut Associates L L PO Box 2584 Carlsbad CA 92018-2584 Kitching 2097 Chestnut Ave Carlsbad CA 92008-2716 G H Thomas 3701 Westhaven Dr Carlsbad CA 92008-2753 Harry D Mollgaard PO Box D Kernville CA 93238-1296 Ernest L Mercado 5082 Corte Alacante Oceanside CA 92057-3429 Rosie M Quiroz 2025 Chestnut Ave Carlsbad CA 92008-2716 Enger Tr 2055 Chestnut Ave Carlsba'd CA 92008-2716 Garth F Packard 2057 Chestnut Ave Carlsbad CA 92008-2716 Leo J & Dianna Pacheco 2100 Chestnut Ave Carlsbad CA 92008-2718 Galen A Clavier PO Box 548 Carlsbad CA 92018-0548 Marlys A Vosburgh 3620 Donna Dr Carlsbad CA 92008-2724 David E Trotta 3610 Donna Dr Carlsbad CA 92008-2724 Frizzell 3600 Donna Dr Carlsbad CA 92008-2724 Mary M Slag& 3870 Armstrong St San Diego CA 92111-3513 Randall L & Anne Benge PO Box 188 Carlsbad CA 92018-0188 Ruben C Cantabrana 3570 Donna Dr Carlsbad CA 92008-2761 Bruno & Nora Gardiner PO Box 687 Carlsbad CA 92018-0687 Thomas B' Folsom 3571 Donna Dr Carlsbad CA 92008-2723 Frederick J Kiko 3561 Donna Dr Carlsbad CA 92008-2723 George L & Mary Massery 3591 Donna Dr Carlsbad CA 92008-2723 Robert A & Susan Warner 190 Douglas Dr Oceanside CA 92054-7830 Earl P Mollohan 2030 Charleen Cir Carlsbad CA 92008-2707 Michael C & Susan Shea 2010 Charleen Cir Carlsbad CA 92008-2707 Dwight A Vallely 2027 Charleen Cir Carlsbad CA 92008-2707 Baker 2035 Charleen Cir Carlsbad CA 92008-2707 Ruth E Brown 2031 Charleen Cir Car-lsbad CA 92008-2707 Fraley 2041 Charleen Cir Carlsbad CA 92008-2707 Carolyn C Wood 2045 Charleen Cir Carlsbad CA 92008-2707 Arno & Barbara Zielke 2044 Chestnut Ave Carlsbad CA 92008-2715 . Bas Tr 2040 Chestnut AV~ Carlsbad CA 92008-2715 Pilgrim United Church 0 2020 Chestnut Ave Carlsbad CA 92008-2715 Steven D & Kathy Borso 3522 Donna Dr Carlsbad CA 92008-2722 Richard E Pfahler 3552 Donna Dr Carlsbad CA 92008-2722 Jeffrey S & Lois Summy 206i Lee Ct Carlsbad CA 92008-2763 David D Hellmers 2031 Lee Ct Carlsbad CA 92008-2763 b Rory & Marcia Oneal 2022 Lee Ct Carlsbad *CA 92008-2762 Bill L & Peggy Hattig 2052 Lee Ct Carlsbad CA 92008-2762 Bruce W Hueners 2082 Lee Ct Carlsbad CA 92008-2764 Paul G & Juanita Cosby 3700 Westhaven Dr Carlsbad CA 92008-2752 Helen E Wolenchuk Merrill J & Tessa Silva 2034 Chestnut Ave 3376 Garfield St Carlsbad CA 92008-2715 Carlsbad CA 92008-3127 Roger L & Andrea Ryon 3502 Donna Dr Carlsbad CA 92008-2722 Pfankuch 1230 Magnolia Ave Carlsbad CA 92008-2542 Charles A Gough 2081 Lee Ct Carlsbad CA 92008-2765 Joseph J Condren 2051 Lee Ct Carlsbad CA 92008-2763 Edward C Moser 2021 Lee Ct Carlsbad CA 92008-2763 Mindy T'Chrisman 2032 Lee Ct Carlsbad CA 92008-2762 Lee 2062 Lee Ct Carlsbad CA 92008-2762 Curtis D Wigley 3768 Skyline Rd Carlsbad CA 92008-2741 . S D & Mary Seibert 3512 Donna Dr Carlsbad CA 92008-2722 Mack T Marshall 3542 Donna Dr Carlsbad CA 92008-2722 Michael E Mcnabb 2071 Lee Ct Carlsbad CA 92008-2765 Sidney Shankland 2041 Lee Ct Carlsbad CA 92008-2763 Darrell A Pines 2011 Lee Ct Carlsbad CA 92008-2763 Jeffrey & Lisa Skelly 2042 Lee Ct Carlsbad CA 92008-2762 Margaret Forrest 2072 Lee Ct Carlsbad CA 92008-2764 Nutting Dorothy I 3770 Skyline Rd Carlsbad CA 92cog-2741 ’ A notice has &en mailed t0 all p~2ut?y owners/occupants llstecl ti~rt9r-L Date io- +-p/P Signature &p$& & / Kimo D. Cummings 2215 Sara Way Carlsbad, CA 92008 . -4 i3OB FLEMING DEBBIE GIBSON GERALD & ETHEL HAFNER 2220 SARA WAY 3606 SEAVIEW WAY 3600 SEAVIEW WAY CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 WARREN WILKINSON GERRY MATTER LORI SCHMIDT 3621 SEAVIEW WAY 3530 AVONDALE CIR 2215 SARA WAY CARLSBAD CA 92009 CARLSBAD CA 92008 CARLSBAD CA 92008 SUE & STEVE DEWULF 2230 SARA WAY CARLSBAD CA 92008 MARY TORNBORG 3544 CELINDA DR CARLSBAD CA 92008 KAREN MOSBY 3661 MARIA LANE CARLSBAD CA 92008 JOHN & SUSAN HICKS 3601 SEAVIEW WAY CARLSBAD CA 92008 ALTON & NORMA BROWN 3611 SEAVIEW WAY CARLSBAD CA 92008 DR ROGER BURKE DEE GOODIN 3535 AVONDALE CIR 3530 BEDFORD CIRCLE CARLSBAD CA 92008 CARLSBAD CA 92008 BRUNO & NORA GARDINER 3560 DONNA DRIVE CARLSBAD CA 92008 ----- /---~- --- STEPHEN & CANDICE DANIELS 3590 DONNA DRIVE CARLSBAD CA 92008 FREDERICK KIKE 3561 DONNA DRIVE CARLSBAD CA 92008 MARY JILL &JERRY TARMAN MARSHALL MACK 3535 BEDFORD CIR 3542 DONNA DRIVE CARLSBAD CA 92008 CARLSBAD CA 92008 ROBERT & MAYBELLE MURRELL JAE & DEBRA EVANS 3540 BEDFORD CIR 3671 MARIA LANE CARLSBAD CA 92008 CARLSBAD CA 92008 PATRICK CONLIN RANDALL BENGE 3626 SEAVIEW WAY 3580 DONNA DRIVE CARLSBAD CA 92008 CARLSBAD CA 92008