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HomeMy WebLinkAbout2000-01-25; City Council; 15591; Steiner Property- - CITY OF CARLSBAD - AGENbA BILL AB# (.j$Q, m: MTG. l/25/00 DEPT. PLN dr RECOMMENDED ACTION: STEINER PROPERTY ZC 99-06lLCPA 99-05 CITY MGR qb&L That the City Council INTRODUCE Ordinance No. hJS-633, APPROVING ZC 99-06 and ADOPT Resolution No. dboo -.W APPROVING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change, ZC 99-06 and Local Coastal Program Amendment, LCPA 99-05. ITEM EXPLANATION: On January 5, 2000, the Planning Commission conducted a public hearing and approved a Tentative Tract Map, Site Development Plan, Hillside Development Permit, and Coastal Development Permit and recommended approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ZC 99-06, and LCPA 99-05 for the Steiner Property by a vote of 7-O. The project site is located on the north side of Poinsettia Lane, 200 feet west of El Camino Real, and east of proposed Skimmer Court in Local Facilities Management Zone 21. The proposed project is for the creation of a nine lot/unit single-family subdivision all with a lot area greater than 7,500 square feet on a vacant 3.0 acre parcel. The project is basically an extension of Skimmer Court, a Cul-de-sac street within the Lohf Subdivision (CT 97-15). The applicant is purchasing 1.6 affordable housing credits in the Villa Loma housing project to satisfy the project’s affordable housing requirements under the City’s lnclusionary Housing Ordinance. The project requires a Zone Change and Local Coastal Program Amendment to change the zoning and coastal program land use designation from Limited Control (L-C) to One-Family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1-7,500-Q). The project complies with City Standards and all the necessary findings can be made for the approvals being requested. More detailed information is included in the attached staff report to Planning Commission. ENVIRONMENTAL REVIEW: A Mitigated Negative Declaration is proposed for the project. The project is within the scope of the City’s Master Environmental Impact Report which is utilized to address the projects cumulative air quality and circulation impacts. The project, because of its disturbed nature, will not have direct impacts to biological resources. Mitigation measures are proposed for potential impacts to paleontological resources and roadway noise impacts. Environmental mitigation measures are proposed for all of the direct significant environmental impacts to reduce them to below a level of significance. In addition, the project has been conditioned to pay its fair share of the Palomar Airport Road/El Camino Real intersection “short-term improvements”. FISCAL IMPACT: All required improvements needed to serve this project will be funded by the developer. The Facility Financing Section of the Zone 21 Local Facility Management Plan lists the financing techniques being used to guarantee the public facilities needed to serve development within Zone 21. PAGE 2 OF AGENDA BILL NO. /A -NJ GROWTH MANAGEMENT STATUS: Facilities Zone 21 Local Facilities Management Plan 21 Growth Control Point 6.0 DWAC Net Density 3.0 DU/AC Special Facility Fee CFD No. 1 EXHIBITS: 1. City Council Ordinance No. rUS-533 2. City Council Resolution No. ?~PO -30 3. Location Map 4. Planning Commission Resolutions No. 4699, 4700, 4701 5. Planning Commission Staff Report, dated January 5, 2000 6. Draft Excerpts of Planning Commission Minutes, dated January 5, 2000. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-533 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 99-06, FROM L-C TO R-1-7,500-Q ON PROPERTY GENERALLY LOCATED NORTH OF POINSETTIA LANE, WEST OF EL CAMINO REAL AND EAST OF FUTURE SKIMMER COURT IN LOCAL FACILITIES MANAGEMENT ZONE 2 1. CASE NAME: STEINER PROPERTY CASE NO. : ZC 99-06AXPA 99-05 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map marked Exhibit “ZC 99-06/LCPA 99-05” attached hereto and made a part hereof. I SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 4700 and 4701 constitute the findings and conditions of the City Council, EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 25th day of January 2000, and thereafter Ill ill ill 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 PAbudD AND ADOPTED at a regular rnee\,,-g of said City Council held on the 1st day of February ,2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. ABSENT: None. ABSTrn: None- CLAUDE A. LEwK;Ig ATTEST: LORRAINE ISEAT.'I Ka*eti B; \YI. Y, -2- PROPERTY ZONE CHANGE - EXHIBIT: ZC: 99-061 LCPA 99-05 draft q final fJ Project Name: STEINER PROPERTY 1 Related Case File No(s): Legal Description(s): Being a subdivision of Parcel 1 of LCPA 99-051 CT 99-131 SDP 99-l OI CDP 99-26/ HDP Parcel Map 2244, as filed in the Office of the County Recorder 99-12 of San Diego County on January 10, 1974 as File No. 74- 0073 17 of official records. Zone Change Property: From: A. 215-050-58-00 L-C 6. To: R-l -7,500-Q Approvals Council Approval Date: Ordinance No: C. D. I Signature: Attach additional pages if necessary 1 2 1 I 4 5 6 7 8 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2000-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, ZONE CHANGE, AND LOCAL COASTAL PROGRAM AMENDMENT TO CHANGE THE LAND USE DESIGNATION ON THE SITE FROM L-C TO R-1-7500-Q ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF POINSETTIA LANE, 200 FEET WEST OF EL CAMINO REAL, AND EAST OF PROPOSED SKIMMER COURT IN LOCAL FACILITIES MANAGEMENT ZONE 21 CASE NAME: STEINER PROPERTY CASE NO. ZC 99-06RCPA 99-05 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on January 5, 2000, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change, and Local Coastal Program Amendment, to rezone 3.0 acres of land from Limited Control to Residential One-family, 7,500 square foot minimum lot size, Qualified Development Overlay (.R-1-7,500-Q), and adopted Planning Commission Resolutions No. 4699, 4700, and 4701 recommending to the City Council that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change, and Local Coastal Program Amendment be approved; and WHEREAS, the City Council of the City of Carlsbad, on the 25th day of January , 2000, held a duly noticed public hearing to consider the recommendation and heard all persons interested in or opposed to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change, and Local Coastal Program Amendment; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cartsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change 99-06, and Local Coastal Program Amendment 99-05 is approved and .that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. - 4699, 4700, and 4701 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 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 251h:day of Jamaq 2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchln NOES: None ATTEST: EXHIBIT 3 STEINER PROPERTY ZC 99-06/LCPA’99-05 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 . EXkllBlT 4 PLANNING COMMISSION RESOLUTION NO. 4699 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 FOR A ZONE CHANGE FROM L-C TO R-1-7,500- Q AND TO SUBDIVIDE 3.0 ACRES INTO NINE SINGLE FAMILY RESIDENTIAL LOTS LOCATED NORTH OF POINSETTIA LANE, WEST OE EL CAMINO REAL AND EAST OF FUTURE SKIMMER COURT IN LOCAL FACILITIES MANAGEMENT ZONE 2 1. CASE NAME: STEINER PROPERTY CASE NO.: ZC 99-06/ LCPA 99-OS/ CT 99-13 /SDP 99- 04/ SUP 99-04 /HDP 99-07 WHEREAS, Western Pacific Housing-Carlsbad 1, LLC, A Delaware Limited Liability Company, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Joseph and Marian Steiner and Western Pacific Housing-El Camino, LLC, A Delaware Limited Liability Company, “Owners”, described as Being a subdivision of Parcel 1 of Parcel Map 2244, as tiled in the Office of the County Recorder of San Diego County on January 10, 1974 as File No. 74-007317 of official records together with Lot 74 and Portion of Lots 67 and 68 of City of Carlsbad Tract 97-15, according to map thereof No. 13839, all in the City of Carlsbad, County of San Diego, State of California. (“the Property”); and WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as shown on Exhibit “ND” dated November 8, 1999 and “PI” dated October 6, 1999, attached hereto and made a part hereof, Steiner Property Mitigated Negative Declaration And Mitigation Monitoring And Reporting Program was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 5th day of January, 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Dklaratiori and Mitigation Monitoring and Reporting Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of the Mitigated Negative ‘Declaration and Mitigation Monitoring and Reporting Program based on the following findings and subject’ to the following condition. Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: a. b. C. d. Condition: it has reviewed, analyzed and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has 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 it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 1. The Developer shall implement, or cause the implementation of the Steiner Property Mitigation Monitoring and Reporting Program. PC RESO NO. 4699 -2- ?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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of January, 2000, by the following vote, to wit: AYES: Chairperson Compaq Commissioners Heineman, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING C-OMMISSION ATTEST: /f PC PESO NO. 4699 -3- City of Carlsbad MITIGATED NEGATIVE DECLARATION Project Address/Location: The project site is located north of future Poinsettia Lane and west of El Carnino Real and is identified by Assessors Parcel Number 215-050-58-00. Project Description: Proposed Local Coastal Program Amendment and Zone Change to change the land use designation from Limited Control (L-C) to One-Family Residential, 7,500 square foot lot size minimum (R-l - 7,500), with a Qualified Overlay Zone(-Q), on a 3.0 acre parcel of land. Also proposed is a Tentative tract map to create 9 residential lots, a Hillside Development Permit, and a Coastal Development Permit. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project “as revised” may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Van Lynch in the Planning Department at (760) 438-1.161, extension 4447. DATED: NOVEMBER 8,1999 CASE NO: ZC 99-06/LCPA 99-05/CT 99-13/SDP 99- 1 O/CDP 99-26/HDP 99- 12 CASE NAME: STEINER PROPERTY PUBLISH DATE: NOVEMBER 8,1999 . MICHAEL J. ~LZM~~LER Planning Director 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-l 161 l FAX (760) 438-0894 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: ZC 99-06/LCPA 99-05/CT 99-13/SDP 99-1 OKDP 99-26/HDP 99-12 DATE: October 6. 1999 BACKGROUND 1. CASE NAME: STEINER PROPERTY 2. APPLICANT: Western Pacific Housing 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2385 Camino Vida Roble. Suite 107, Carlsbad CA 92009. (760) 929-l 600 4. DATE EL4 FORM PART I SUBMITTED: July 1. 1999 5. PROJECT DESCRIPTION: Pronosed Local Coastal Pros-ram Amendment and Zone Change to change the land use designation from Limited Control (L-C) to One-Family Residential, 7,500 sauare foot lot size minimum (R-1-7.500). with a Qualified Overlay Zone(-0). on a 3.0 acre parcel of land. Also wouosed is a Tentative tract mau to create 9 residential lots, a Site Development Plan. a Hillside Develoument Permit. and a Coastal Develoument Permit. The proiect site is located north of future Poinsettia Lane and west of El Camino Real and is identified bv Assessors Parcel Number 215-050-58-00 SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. 0 Land Use and Planning lxl TranspqrtationKirculation 0 Population and Housing lxl Biological Resources 0 Geological Problems 0 Energy & Mineral Resources 0 Water lxl Hazards q Air Quality lxl Noise cl Public Services cl Utilities & Service Systems 0 Aesthetics 0 Cultural Resources cl Recreation u Mandatory Findings of Significance Rev. 03/28/96 - - DETERMINATION. (To be completed by the Lead Agency) 0 0 0 lxl 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 NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Mitigated Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Master Environmental Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-Ol), including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. d //M. &L lo-&y- 4q Planner Fignature Date cllZ/~5 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. a A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. l “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. l “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 0 “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. a Based on an “E&Part II”, if a proposed project could have a potentially significant effect on the environment, but &l potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, ,and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). l When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. 0 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. 03/28/96 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 ER must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances:’ (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 03/28/96 Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal:. a> b) ’ c) 4 e) 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) II. POPULATION AND HOUSING. Would the proposal: 4 b) cl Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-l - 5.5-6) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-l - 5.5-6) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-l - 5.5-6) III. GEOLOGIC PROBLEMS. Would the proposal result in or 4 b) c) 4 e> f) 8) h) 9 expose people to potential impacts involving: Fault rupture? (#l:Pgs 5.1-1 - 5.1-15, # 2) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15, # 2) Seismic ground failure, including liquefaction? (#l:Pgs 5.1-1 - 5.1.15, # 2) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 - 5.1-15, # 2) Landslides or mudflows? (#l:Pgs 5.1-l - 5.1-15, # 2) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 - 5.1-15, # 2) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15, # 2) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15, # 2) Unique geologic or physical features? (#l :Pgs 5.1-I - 5.1-15, # 2) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff! (#l:Pgs 5.2-l - 5..2- 11) b) Exposure of people or property to water related hazards such as flooding? (#l:Pgs 5.2-l - 5..2-11) c) 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) , Potentially Significant Impact q q q q q q q q q q q q q q q q 0 q q q Potentially Significant Unless Mitigation Incorporated cl q q q q q q q q q q q q q q q q q q 0 Less Than Significant Impact u q q q q q q q q cl q q q q q q q q q q No Impact Ix] lxl Ix] El lxl lxl lxl lxl lxl Ix1 IXI !xl [XI lxl Ix1 El lzl Ix] El lzl 5 Rev. 03128196 Issues (and Supporting Information Sources). g) h) i> 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) V. AIR QUALITY. Would the proposal: a) Violate any .air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 - 5.3-12) b) Expose sensitive receptors to pollutants? (#l:Pgs 5,3-l - 5.3-12) c) Alter air movement, moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-l - 5.3-12) d) Create objectionable odors? (#l:Pgs 5.3-l - 5.3-12) VI. TRANSPORTATION/CIRCULATION. Would the 4 b) cl d) e) f) d 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) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) 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, # 3, #6) b) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-l - 5.4-24, # 3) Potentially Significant Impact q q q q q III Ix) q q q Ix] q q q q q u q q - Potentially Significant Unless Mitigation Incorporated q q q q q q q q q q q q q q q q q lxl q Less Than Significant Impact q q q q q q q q q q q q q q q q q q q No Impact IXI lx Ix] Is] lxl lxl q lxl lxl Ix] q Ix] Ix1 El El El lxl q Ix] Rev. 03/28/96 - Issues (and Supporting Information Sources). c) 4 4 VIII. 4 b) c> Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-l - 5.4-24, # 3) Wetland habitat (e.g. marsh, riparian and vernal pool)? (#l:Pgs 5.4-l - 5.4-24, # 3) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-l - 5.4-24, # 3) ENERGY AND MINERAL RESOURCES. Would the proposal: Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-l - 5.12.1-5 & 5.13-1 - 5.13-9) Use non-renewable resources in a wasteful and inefficient manner? (#l:Pgs 5.12.1-l -5.12.1-5 & 5.13- 1 - 5.13-9) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (#l:Pgs 5.12.1-l - 5.12.1-5 & 5.13-l - 5.13-9) IX. HAZARDS. Would the proposal involve: a) b) c> 4 e) 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) I X. NOISE. Would the proposal result in: a) Increases in existing noise leveis? (#l:Pgs 5.9-l - 5.9- 15) b) Exposure of people to severe noise levels? (#l:Pgs 5.9- 1 - 5.9-15, # 4) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#l:Pgs 5.12.5-l - 5.12.5-6) b) Police protection? (#l:Pgs 5.12.6-l - 5.12.6-4) c) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) d) Maintenance of public facilities, including roads? (#l:Pgs 5.12.1-l - 5.12.8-7) e) Other governmental services? (#l:Pgs 5.12.1-l - 5.12.8-7) Significam Impact q q q q q q q q q q q q q q q q q q -. Potentially Significant Unless Mitigation Incorporated q q q q cl q q q cl q lxl q Ix1 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 No Impact lxl lxl lxl I8 Ix] I8 !xl lxl Ix1 El q lxl q Ix1 El lxl Ix1 lxl /9 Rev. 03128196 Issues (and Supporting Information Sources). XII.UTILITIES AND SERVICES SYSTEMS. Would the a> b) c> 4 4 f) s> XIII. a> b) cl XIV. a) b) c) 4 e> proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Power or natural gas? (#l:Pgs 5.12.1-l - 5.12.1-5 & 5.13-l - 5.13-9) Communications systems? (#l:Pgs 5.12.1-l - 5.12.8-7) Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-I - 5.12.3-7) Sewer or septic tanks? (#l:Pgs 5.12.3-l - 5.12.3-7) Storm water drainage? (#l:Pg 5.2-8) Solid waste disposal? (#l:Pgs 5.12.4-l - 5.12.4-3) Local or regional water supplies? (#1 :Pgs 5.12.2-l - 5.12.3-7) AESTHETICS. Would the proposal: Affect a scenic or vista or scenic highway? (#l:Pgs 5.11-l - 5.11-5) Have or demonstrate a negative aesthetic effect? (#l:Pgs 5.11-l - 5.11-5) Create light or glare? (#l:Pgs 5.1 l-l - 5.1 l-5) CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? (#l:Pgs 5.8-l - 5.8- 10) Disturb archaeological resources? (#l:Pgs 5.8-l - 5.8- 10, # 5) Affect historical resources? (#l:Pgs 5.8-l - 5.8-10, # 5) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8-l - 5.8-10) Restrict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-l - 5.8-10, # 5) XV. RECREATIONAL. Would the proposal: 4 b) XVI. 4 Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 - 5.12.8-7) Affect existing recreational opportunities? (#l:Pgs 5.12.8-l - 5.12.8-7) MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Significant Impact q q q q q q q q q q q q q q q q q q - Potentially Significant Unless Mitigation Incorporated q q q III q q q q q q IXI 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 No Impact lzl lxl l.z q lxl lxl lxl lxl lxl El Ix] 8 Rev. 03128196 Issues (and Supporting Information Sources). b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Ctimulatively 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? 9 Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated q q q Ix1 q q q pT., CH Rev. 03128196 - XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are “Less than Significant with Mitigation Incorporated,“ describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the. project. 10 Rev. 03128196 DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING . The project site is 3.0 acres in size and is located on the west side of El Camino Real and north of future Poinsettia Lane. The project consist of 9 single-family lots with a minimum lot area of 7,500 square feet. The site relatively flat and currently occupied by a single family residence. The property has been used for agricultural purposes and as such, the habitats on site consist of disturbed and non-native vegetation types. Elevations range from 250 to 290 feet above mean sea level. The south eastern portion of the property will be dedicated for the Poinsettia Lane, a City of Carlsbad Circulation Element roadway. Adjacent to the south and west is and approved subdivision, CT 97-15 - Lohf Property, which consist of 73 single family lots and three open space lots. To the north is native and disturbed native habitats as identified in the Manzanita Project (SDP 98-19), and to the east is an existing single family residence which will have access provided by the proposed development. Access to the project will be through the Lohf subdivision which is a cul-de-sac design off of future Poinsettia Lane. As of the date of this report, the Lohf subdivision is being graded and improved. The proposed project is basically an extension of the adjacent Lohf subdivision. The entire 3.0 acre site is designated as Residential Low-Medium Density (RM 4-8 DU/AC) on the General Plan Land Use Map. The project site is zoned Limited Control (L-C). A zone change and local coastal program amendment are proposed to designate the site as One-Family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-l-Q) to correspond to the existing general plan land use designations. In addition to approval of the tentative map application, a Site Development Plan, a hillside development permit, and a coastal development permit are being requested. a3 11 Rev. 03128196 II. EtiRONMENTAL ANALYSIS B. Environmental Impact Discussion Air Ouality 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 sulfi.tr, and suspended particulate. 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 EIR, including this project, therefore, no ‘further environmental review of air quality impacts is required. This document is available at the Planning Department. TransuortationKirculation 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 12 Rev. 03/28/96 a4/ ‘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. 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 3 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. Cultural resources There are potential significant fossil areas of Tertiary and Quatemary Ages’ within the project site, therefore, the grading operations of the project are conditioned to be monitored by a qualified paleontologist in case of fossil contact. These mitigation measures allow the paleontologist to direct or divert grading operations to facilitate paleontological investigations. Biological resources The adjacent site to the north, Manzanita Partners, has been identified as having environmentally sensitive biological resources in the form of plant and animal species. Although direct impacts will not occur, indirect impacts to the California gnatcatcher due to construction activity may occur. A mitigation measure has been incorporated to survey for the presence of the California gnatcatcher prior to grading operations. Hazards The adjacent property to the north will be left in a native state and as such could cause a potential tire hazard to Lot 3. Since this lot (3) will not have the ability to clear for the required fire 13 Rev. 03/28/96 25 suppression per the City of Carlsbad Landscape Manual, special construction requirements in the form of ignition resistant construction pursuant to Section 504 of the Urban Wildland Interface Code will be required. Noise Exterior living areas adjacent to El Camino Real and Poinsettia Lane will be exposed to worst case noise levels of 64.3 CNEL at Lots 4 through 9. In order to meet the 60 CNEL exterior noise standard, a noise barrier will be required for exterior living areas adjacent to El Camino Real and Poinsettia Lane. The barrier shall consist of materials and configurations as described in the Exterior Noise Summary Analysis for the Steiner Property, dated June 28, 1999. A detailed indoor noise analysis is required to determine the building upgrades for the homes adjacent to Poinsettia and El Camino Real when detailed architectural plans become available, and prior to building permit issuance. 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. 2. 3. 4. 5. 6. Final Master Environmental Imnact Renort for the City of Carlsbad General Plan Update (MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department. Addendum Geotechnical Studv. Steiner Pronertv. Inclusion into Adiacent Lohf Pronertv Preliminarv Geotechnical Investigation, City of Carlsbad, CA, Pacific Soils Engineering, Inc. dated April 20,1999. Biological resources report and imnact analysis for the Steiner Pronertv. Citv of Carlsbad, San Dieao County. CA, Dudek and Associates, dated June 1999. Exterior Noise Analvsis for the Steiner Pronertv. Citv of Carlsbad, Mestre Greve Associates, dated June 28,1999. Steiner Pronertv Cultural Resources Significance Evaluation, Recon, dated July 20, 1999. Biological Resources Renort and Imnact Assessment, Manzanita Partners Pronertv, Carlsbad CA, Dudek and Associates, dated December 2 1, 1998. 14 Rev. 03/28/96 2% LIST OF MITIGATING MEASURES (IF APPLICABLE) The Developer shall pay his fair share for the “short-term improvements” to the El Camino Real/Palomar Airport Road intersection prior to the issuance of a building’permit. 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 21 LFMP fee; the creation of a fee or assessment district; or incorporation into a Mello-Roos taxing district. To mitigate potential paleontological impacts, the developer shall accomplish the following prior to final map approval or issuance of the grading permit: l Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist’s report shall be provided to the Planning Director prior to issuance of a grading permit; l A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; l The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; l All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum; l Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. To mitigate potential disturbances to the California gnatcatcher, the grading operations within 100 feet of the adjacent property to the north will be restricted during the gnatcatcher breeding season, or from February 15 to August 30 each year, unless it can be shown through field reconnaissance by a certified biologist that no gnatcatchers are present on the property for two months prior to the start of grading. To mitigate potential fire hazards, Lot 3 shall be constructed pursuant to Section 504 of the Urban Wildland Interface Code. To mitigate potential noise impacts, Lots 4 through 9 shall have a noise barrier consisting of materials and configurations as described in the Exterior Noise Summary Analysis for the Steiner Property, dated June 28, 1999, and a detailed indoor noise analysis is required to determine the building upgrades for the homes adjacent to Poinsettia and El Camino Real when detailed architectural plans become available, and prior to building permit issuance. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) Attached 15 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 / , 16 Rev. 03/28/96 ENVIRONMENTAL MIThtTION MONITORING CHECKLISl. , ‘age 1 of 1 Y k E I2 - I ‘i 81 Ei $t >.! 1 - 5, g; 5 i 3.c q ( ; c c f ‘i u - 3 c ” q q l $ 7 - - - n j n 5 ; ; n F ;I i s jz z : ’ ‘Z 1 ‘i I a iii - SC i .r -c q - - .- IJ= ;a - 2 r - & 5 u- 0 9 $ 5 b E L??- E z E .- ii 5 E 2 g. ‘3 ii m r 2 .g 2 ‘g 2 .- $ E e8 caa= 0-o z=Ijz gzs E m;ii 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. 4700 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM LIMITED CONTROL TO R-1-7,500-Q ‘ON PROPERTY GENERALLY LOCATED NORTH OF POINSETTIA LANE, WEST OF EL CAMINO REAL AND EAST OF FUTURE SKIMMER COURT IN LOCAL FACILITIES MANAGEMENT ZONE 2 1. CASE NAME: STEINER PROPERTY CASE NO: ZC 99-06 WHEREAS, Western Pacific Housing-Carlsbad 1, LLC, A Delaware Limited Lia.bility Company, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Joseph and Marian Steiner and Western Pacific Housing-El Camino, LLC, A Delaware Limited Liability Company, “Owners”, described as Being a subdivision of Parcel 1 of Parcel Map 2244, as filed in the Office of the County Recorder of San Diego County on January 10, 1974 as File No. 74-007317 of official records together with Lot 74 and Portion of Lots 67 and 68 of City of Carlsbad Tract 97-15, according to map thereof No. 13839, all in the City of Carlsbad, County of San Diego, State of California. (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit “X” attached hereto and made a part hereof, dated January 5, 2000, on file in the Planning Department, STEINER PROPERTY, ZC 99-06, as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 5th day of January, 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of STEINER PROPERTY, ZC 99-06 based on the following findings and subject to the following conditions: FindingSI: 1. That the proposed Zone Change from L-C to R-1-7,500-Q is consistent with the goals and policies of the various elements of the General Plan, in that the proposed zone replaces the L-C zone which is intended to be an interim zone and is consistent with the Residential Medium (R-M) Land Use designation of the City’s General Plan. - 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the R-1-7,500-Q zoning designation as shown on Exhibit “ZC 99-06” implements the existing Residential Medium General Plan designation. 3. That the Zone Change is consistent with the public convenience, necessity and genera1 welfare, and is consistent with sound planning principles in that the zone change would implement the applicable policies of the General Plan. 4. The Q-Overlay Zone, made a part of the proposed zone change, provides the City with discretionary review over the placement of the residential units to assure that they conform to all applicable regulations. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, LCPA 99-05, CT 99-13, SDP 99-10, HDP 99-12, and CDP 99-26. ZC 99-06 is subject to all conditions contained in Resolutions 4699,4701,4702 ,4703,4704 and 4705. 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. PC PESO NO. 4700 -2- 3/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I 22 I!* 23 24 25 26 27 28 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 5th day of January, 2000, by the following vote, to wit: AYES: Chairperson Compaq Commissioners Heineman, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: WILLIAM COMPAS, Chaffperson CARLSBAD PLANNING COMMISSION R PC RESO NO. 4700 :3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - PLANNING COMMISSION RESOLUTION NO. 4701 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO BRING THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND ZONING MAP INTO CONFORMANCE ON PROPERTY LOCATED NORTH OF POINSETTIA LANE, WEST OF EL CAMINO REAL AND EAST OF FUTURE SKIMMER COURT IN LOCAL FACILIITES MANAGEMENT ZONE 2 1. CASE NAME: STEINER PROPERTY CASE NO: LCPA 99-05 WHEREAS, California State law requires that the Local Coastal Program,. General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, Western Pacific Housing-Carlsbad 1, LLC, A Delaware Limited Liability Company, “Developer”, has filed a verified application for an amendment to the Local Coastal Program designations regarding property owned by Joseph and Marian Steiner and Western Pacific Housing-El Camino, LLC, A Delaware Limited Liability Company, “Owners”, described as Being a subdivision of Parcel 1 of Parcel Map 2244, as filed in the Office of the County Recorder of San Diego County on January 10, 1974 as File No. 74-007317 of official records together with Lot 74 and Portion of Lots 67 and 68 of City of Caklsbad Tract 97-15; according to map thereof No. 13839, all in the City of Carlsbad, County of San Diego, State of California. (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “X”, attached to Planning Commission Resolution No. 4700, and made a part hereof, dated January 5,2000, STEINER PROPERTY, LCPA 99-05, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, 33 1 2 3 4 5 6 7 8 9 10 li 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 5th day of January, 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program and no comments were received. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of STEINER PROPERTY, LCPA 99-05 based on the following findings, and subject to the following conditions: Findinps: 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the project is consistent with applicable policies requiring the undeveloped slopes to be placed in open space easements as a condition of approval and that the project will provide drainage and erosion control measures. 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required to bring the designation of the City’s General Plan Land Use Map, Zoning Map (as amended), and Mello II Implementation (the zoning map) into conformance. 34 PC RESO NO. 4701 -2- - PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 5th day of January, 2000, by the following vote, to wit: AYES: Chairperson Compaq Commissioners Heineman, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: /7 PC RESO NO. 4701 :3- - The City of Carlsbad Planning Department EXHIBIT 5 A REPORT TO THE PLANNING COMMISSION Item No. 0 2 1 Application complete date: January $2000 P.C. AGENDA OF: January 5,200O Project Planner: Van Lynch Project Engineer: Bob Wojcik SUBJECT: ZC 99-06fLCPA 99-05lCT 99-13lSDP 99-lO/CDP 99-26fHDP 99-12 - STEINER PROPERTY - Request for a recommendation of approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, a Zone Change and Local Coastal Program Amendment to change the zoning designation from Limited Control (L-C) to One-family Residential, 7,500 square foot minim& lot size, Qualified Development Overlay Zone (R-1-7,500 - Q) on a 3.0 acre property. Also proposed is a Tentative Tract Map to create nine residential lots, Site Development Plan, Hillside Development Permit, id a Coastal Development Permit for property located on the north side of Poinsettia Lane, 200 feet west of El Camino Real, and east of proposed Skimmer Court in Local Facilities Management Zone 2 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4699, 4700 and 4701, RECOMMENDING APPROVAL of a Mitigated Negative Declaration and Mitigation MonitoAng and Reporting Program, Zone Change (ZC 99-06), Local Coastal Program Amendment (LCPA 99-O5), and ADOPT Planning Commission Resolutions No. 4702, 4703, 4704, and 4705 APPROVING Tentative Tract Map (CT 99-13), Site Development Plan (SDP 99-lo), Hillside Development Permit (HDP 99-12), and Coastal Development Permit (CDP 99- 26), based on the findings and subject to the conditions contained therein. II. INTRODUCTION ’ The Ijroposed project is for the creation of a nine lot/unit single-family residential subdivision on a vactit parcel on the north side of Poinsettia Lane, 200 feet west of El Camino Real, and east of proposed Skimmer Lane which is in the Lohf Subdivision. The nine single-family lots vary in size from 9,180 square feet to 24,430 square feet. The applicant is requesting approval to purchase 1.6 affordable housing credits in the Villa Loma housing project to satis@ the affordable housing requirements of the City’s Inclusionary Housing Ordinance. The project requires a Zone Change and Local Coastal Program Amendment to change the zoning and coastal program zoning designations from L-C to R-1-7,500-Q. In addition, a Tentative Tract Map, Site Development Plan, Hillside Development Permit, and Coastal Development Permit are required. The project complies with City standards and all necessary findings can be made for the approvals being requested. The Zone Change and Local Coastal Program Amendment require City Council approval. ZC 99-06/LCPA 99-05/CT 99-13/SDP 99-lO/CDP 99-26KDP 99-12 - STEINER PROPERTY January 5,200O III. PROJECT DESCRIPTION AND BACKGROUND The nine lot subdivision is an extension of a proposed street (Skimmer Court) within the Lohf Subdivision which was recently approved by the City. The project will complete the cul-de-sac designed street and will provide access to the nine units and an existing single-family residence at the eastern terminus of the street. The project is bordered to the north by native habitat (Manzanita Partners), to the east by a single family residential home (Saska Residence), to the south by proposed Poinsettia Lane, and on the west by Skimmer Lane and proposed’ single family residential development as a part of the Lohf Subdivision. Topographically, the site slopes gently downward to the southeast with elevations ranging from 260 to 290 feet above mean sea level. The site has a single family home and pool on the western portion of the property which will be removed for the development. The property has been disced and used for agricultural purposes in the past and has no habitat value. The three acre project site is located within the Local Facilities Management Zone 21. The proposed Zone Change and Local Coastal Program designations are necessary to change the Limited Control (L-C) designation of the property to One-Family Residential, 7,500 square foot lot size minimum, Qualified Development Overlay Zone (R-1-7,500 - Q) to implement the Residential Medium (RM) General Plan designation. As shown on Exhibits “A” through “D”, the nine residential lots will all be greater than 7,500 square feet. Access to the project site is via Skimmer Court from Carlsbad Tract 97-15, Lohf Subdivision, which takes access from Poinsettia Lane. The proposed grading is balanced with a cut/fill quantity of 13,600 cubic yards of material or 6,900 cubic yards per acre. The building pads step up at one to two foot increments from the west to the east. The pads ,on the south side of Skimmer Court are roughly 10 feet higher than Poinsettia Lane and are the largest fill slopes. The lots on the north side of Skimmer Court are 14 to 18 feet lower than the property adjacent to the north and are the largest cut slopes. The street grade of Skimmer Court is proposed at two percent. The project’s open space consists of manufactured slopes on lots four through nine along Poinsettia Lane, manufactured slopes along the rear of lots one, two, and three, and a sloped portion of lot four. Only the lots along Poinsettia Lane will be restricted with a 50 foot wide open space easement. A portion of trail segment 32 of the Carlsbad citywide trail system will be installed within the open space easement parallel to Poinsettia Lane. The meandering trail will be constructed with decomposed granite with a width of eight feet. Lots one, two, and three are restricted by fire suppression zones. The proposed single family homes will include both one- and two-story models and will range in size from 2,413 square feet to 3,967 square feet. All units contain a two-car garage and a one-car garage, accessed off of the same or separate driveways. The smaller units contain three bedrooms, while the largest units contain five bedrooms. The one-car garages may also be converted to bedrooms. The architecture combines elements of Spanish Revival, Italianate and Craftsman styles. The units are the same as those within the Lohf Subdivision. Additional facade treatments were added to the side and rear elevations and a pop-out in the rear to create additional building planes in response to the Planning Commissions comments on the Lohf project. 37 -- ZC 99-06/LCPA 99-05/CT 96-l 3/SDP 99-l OKDP 99-26/HDP 99-12 - STEINER PROPERTY’ January 5,200O Page 3 IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. B. c. ’ D. E. F. G. H. Residential Low-Medium Density (RIM) General, Plan Land Use Designation; R-l-7,500, Qualified Development Overlay Zone (R-l -7,500-Q) Zone Regulation; Mello II Segment of the Local Coastal Program, the Coastal Agriculture Overlay Zone, and the Coastal Resource Protection Overlay Zonk; Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); Qualified Development Overlay Zone (Carlsbad Municipal Code Chapter 2 1.06); Hillside Development Ordinance (Carlsbad Municipal Code Chapter 2 1.95); Inclusionaxy Housing Ordinance (Carlsbid Municipal Code Chapter 21.85); and Growth Management Regulations (Local Facilities Management Zone 2 1). The recomnkqdation 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 Medium (RM). The designation allows single-family residential development at a range of four to eight dwelling units per acre (du/ac). The RM range has a Growth Control Point of six dwelling units per acre. The density of the proposed single-family subdivision is three dwelling units per acre. The surrounding properties in Zone 21 are General Plan designated RM and RLM. The project complies with all elements of the General Plan as illustrated in Table 1 below: ELEMENT Land Use Housing Public Safety Table 1 - GENERAL PLAN COMPLIANCE USE, PROPOSED USES & COMPLY? CLASSIFICATION, IMPROVEMENTS GOa, OBJECTIVE OR PROGRA&l Site is designated for Single-family lots at Yes Residential Medium 3.0 du/ac. at 6 du/ac. Provision of The purchase of 1.6 Yes affordable housing. affordable housing credits in Villa Loma. Reduce fire hazards to The project includes Yes an acceptable level. measures such as fire suppression zones and fire resistive construction. - ZC 99-06/LCPA 99-05KT 99-13/SDP 99-lO/CDP 99-26IHDP 99-12 - STEINER PROPERTY January 5,200O Open Space & Conservation Obtain an irrevocable Dedication of public Yes offer to dedicate or trail easement and permanent easement construction of trail. for trailways. Noise Circulation Utilize Best Manage- Project will conform to Yes ment Practities for all NPDES control of storm water requirements. and to protect water quality. Residential exterior Project is impacted by Yes noise standard of 60 noise generated by CNEL and interior Poinsettia Ln. and a noise standard of 45 noise attenuation wall CNEL. is required Require new Project is conditioned Yes . development to to provide public construct roadway streets to serve the improvements needed development. to serve proposed development. B. R-1-7,500-Q Regulation The project site is currently zoned Limited Control (L-C). The L-C zone designation is given to annexed properties and is an interim zone for areas where planning for future land uses has not been completed or plans of development have not been formalized. Proposed as part of the project is a Zone Change from L-C to R-1-7,500-Q. This will result in the zoning for the site being consistent with the General Plan Land Use designations of RM. The proposed zone is also .compatible with the existing adjacent residentially zoned properties and probable future ‘residential zones of the adjacent L-C zoned properties. The proposed project meets or exceeds all applicable requirements of the R-1-7,500-Q Zone as demonstrated in Table 2 below. All lot sizes and lot widths meet or exceed the minimum requirements of the zone. Table 2: R-l ZONE COMPLIANCE ZC 99-06/LCPA 99-OS/CT 99-l 3/SDP 99-lO/CDP 99-26/HDP 99-12 - STEINER PROPERTY January 5,200O Side Yard Setback: 10 percent Side yards vary from 10 percent I Yes of lot width minimum. to over 50 percent of lot width. Lot Coverage: 40 percent Lot coverage ranges from 13 Yes maximum for each lot. percent to 3 1 percent. Dqelling Unit Width: 20 feet Units measure between 45 and Yes minimum. 5 1 feet wide. C. Local Coastal Program The Steiner Property is located within the Mello II segment of the City’s Coastal Zone and is subject to the provisions of the Mello II Land Use Plan and implementing ordinances. The land uses allowed through the Mello II Land Use Plan are the same as those allowed in the . City’s General Plan, therefore the single family use is consistent with the LCP. The proposed one- and two-story single-family homes are consistent in size and architecture with the surrounding development and will not obstruct public views of the coastline. The policies of the Mello II segment emphasize topics such as preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. The property is void of steep slope (25%+) areas and native vegetation and no encroachments are proposed with the residential construction. The current erosion control standards of the Engineering Department will be maintained throughout the project site to deter off-site erosion. The project will be conditioned to restrict grading to the summer season with a provision for winter grading if impacts to gnatcatchers will occur. No prime agricultural lands exjst on the graded site, therefore no impacts to such shall occur. Since the project site is located over 0.18 miles from Batiquitos Lagoon and 0.53 miles from the Pacific Ocean, no shoreline access provisions apply. No significant visual resources exist on or near the site. Given the above, the project is consistent with the Local Coastal Program. . D. Subdivision Ordinance The Engineering Department has reviewed the proposed project and has concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance. All major subdivision design criteria have been complied with including the minimum lot depth of 90 feet, provision of public access, required street frontage, and minimum lot area. Orientation and arrangement of the units also allows for natural heating and cooling opportunities. There are two boundary adjustments proposed as part of this project. These adjustments occur between the tract boundary and adjacent parcels of land to the east and west. The western tract boundary includes a proposed boundary adjustment between lots 67 and 68 of Map no. 13839. The easterly remnant parcel of land, which included within the project boundary, also requires a boundary adjustment to reconfigure the northerly right-of-way line of Poinsettia as shown on the tentative map. Conditions of this project include approval of these boundary adjustments prior to or concurrent with Final Map approval. 40 ZC 99-06/LCPA 99-05KT 99:13/SDP 99-l OKDP 99-26/HDP 99-12 - STEINER PROPERTY January 5,200O The project is consistent with and satisfies all requirements of the General Plan and Title 21. It is also compatible with smrounding land uses. The proposed R-1-7,500-Q Zone requires a minimum 7,500 square foot lot size. Each of the proposed lots exceed the minimum requirement. . The developer will be required to offer various dedications (e.g., drainage easements, street right- of-way) and will be required to install street and utility improvements, including but not limited to, curbs, gutters, sidewalks, sewer facilities, drainage facilities, fire hydrants and street lights. E. Qualified Development Overlay Zone The project site is designated with a Qualified Development Overlay and is, therefore, subject to the regulations of Chapter 21.06 of the Zoning Ordinance. While there are no specific development ‘standards contained in the Q Overlay, there is a requirement for approval of a Site Development Plan prior to issuance of building permits.. By processing this Site Development ?lan, the applicant is complying with the provisions of the Q Overlay. F. Hillside Development Ordinance The proposed development is consistent with the Hillside Development Ordinance regulations. Development of the site is planned for areas that are predominately 0 to 15 percent slopes. The grading proposed (13,500 cu/yds) is balanced and is within the acceptable volume range (5,900 cu/yds per acre). The steep slope areas consist of two separate areas with slopes in the 15 to 25 percent range and total .2 acres. One of these areas is the result of the grading for the building pad of the existing residence. The other area is a slope edge to a gully that parallels El Camino Real and is beyond the grading limits for the project but is being partially graded with the construction of Poinsettia Lane. The area is also shown to have disturbed habitat and has no biological value. Because the areas are either previously disturbed by authorized grading (house pad) or disturbed with the grading of a circulation element roadway (Poinsettia Lane), the areas are excluded from the requirements of the Hillside Development Regulations. G. Inclusionary Housing Ordinance The City’s Inclusionary Housing Qrdinance (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 1.6 dwelling units. The applicant is requesting to purchase 1.6 affordable housing credits in the Villa Loma housing project to satisfy the project’s affordable housing requirements. The City’s Housing Committee has approved the request to purchase affordable housing credits. H. Growth Management The proposed project is located within Local Facilities Management Zone 21 in the southwest quadrant of the City. The impacts on public facilities created.by the project, and its compliance with the adopted performance standards, are summarized in Table 3 below. ZC 99-06/LCPA 99-05/CT 99-13/SDP 99-1OKDP 99-26/HDP 99-12 - STEINER PROPERTY January 5,200O Page 7 . . Table 3: GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration 31.3 sq. ft. Yes Library 16.7 sq. ft. Yes Waste Water Treatment 9 EDU Yes Parks .06 acre Yes Drainage Basin D Yes ” ,’ Circulation 90 ADT Fire Station No. 4 Qnen Snace .5 acres Yes Yes Yes Schools Sewer Collection System . . Water Carlsbad Unified 3 elementary students 1 junior high students 2 high school students 9 EDU 1980 GPD Yes Yes Yes . The proposed project is 9 units below the Growth Management dwelling unit allowan;e. V. ENVIRONMENTAL REVIEW The initial study (E&Part II) prepared in conjunction with this project determined that some of the environmental effects which are peculiar to the property or to this project are considered direct significant and adverse impacts. The developer has agreed to add mitigation measures to the project to reduce those adverse effects to below a level of significance in accordance with the requirements of the California Environmental Quality Act (CEQA). The project’s direct significant effects include impacts to biological resources, paleontological resources, and the Palomar Airport Road/El Camino Real intersection. Mitigation measures are proposed for the .a significant adverse effects and are listed in the EIA-Part II. The environmental documents for the project were also sent to the State Clearinghouse for circulation. No comments were received from the public notice. 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. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves ‘construction of two dual right turn lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection “short-term improvements,” thereby guaranteeing mitigation to a level of insignificance. The project is within the scope of the City’s Master Environmental Impact-Report and is utilized to address the project’s cumulative air quality and circulation impacts. Please see the Environmental Assessment Form-Part II for a detailed description of the mitigation measures and the expanded justification for the recommendation to approve the Mitigated Negative 43 ZC 99-06/LCPA 99-05KT 99-13/SDP 99-10KDP 99-26/HDP 99-l 2 - STEINER PROPERTY January 5,200O Page 8 Declaration. In consideration of ‘the foregoing, on November 8, 1999 the Planning Director issued a Mitigated Negative Declaration for the proposed project. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Planning Commission Resolution No. 4699 (Mit. Neg. Dec.) Planning Commission Resolution No. 4700 (ZC) Planning Commission Resolution No. 4701 @CPA) Planning Commission Resolution No. 4702 (CT) Planning Commission Resolution No. 4703 (SDP) Planning Commission Resolution No. 4704 (HDP) Planning Commission Resolution No. 4705 (CDP) Location Map Background Data Sheet Local. Facilities Impact Assessment Form Disclosure Statement Reduced Exhibits Full Size Exhibits “A” - “V”, dated January 5,200O - CASE NO: ZC 99-06/ LCPA 99-05/ CT 99- 131 SDP 99-1 O/ CDP 99-26/ HDP 99-12 CASE NAME: Steiner Promrtf APPLICANT: Western Pacific Housing REQUEST AND LOCATION: Zone change and Local Coastal Program Amendment from Limited Control to R-1-7.500-0 and a Tentative MatI. Site Develonment Plan. Hillside Develonment Permit. Coastal Devehjnment Permit for a nine lot/unit single familv residential develoDment LEGAL DESCRIPTION: Being a subdivision of Parcel 1 of Parcel Man 2244. as filed in the Office of the Countv Recorder of San Diego Countv on Januarv 10. 1974 as File No. 74- 0073 17 of official records together with Lot 74 and Portion of Lots 67 and 68 of Citv of Carlsbad Tract 97-15, according to man thereof No: 13839, all in the Citv of Carlsbad. Countv of San Dieeo. State of California. APN: 2 15-050-58-00 Acres: 3.0 Proposed No. of Lots/Units: Nine (9) GENERAL PLAN AND ZONING Land Use Designation: Residential Medium mM) Density Allowed: 6 du/ac Density Proposed: 3 duIac Existing Zone: Limited Control (LC) Proposed Zone: R-1-7.500 - 0 Surrounding Zoning, General Plan and Land Use: Site North Zoning L-C L-C Sduth East R- 1-7,500-Q L-C General Plan m” Current Land Use Residential vacant .’ Residential Residential West’ L-C Residential PUBLIC .FACILITIES ’ School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 9 ENVIRONMENTAL IMPACT ASSESSMENT q Mitigated Negative Declaration, issued November 8. 1999 q Certified Environmental Impact Report, dated 0 Other, - ” CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: STEINER PROPERTY - ZC 99-06/ LCPA 99-05/ CT 99-131 SDP 99- 1 O/ CDP 99-26/ HDP 99-12 LOCAL FACILITY MANAGEMENT ZONE: 21 GENERAL PLAN: Residential Medium ZONING: Limited Control (L-C) DEVELOPER’S NAME: Western Pacific Housing ADDRESS: 2385 Camino Vida Roble. Suite 107. Carlsbad CA 92009 PHONE NO.: (760) - 929-1600 ASSESSOR’S PARCEL NO.: 215-050-58-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): nine dwellincunits ESTIMATED COMPLETION DATE: Unknown A. B. C. D. E. F. G. H. 1: J. K. L. City Administrative Facilities: Demand in Square Footage = Library: Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage: Identify Drainage Basin = Circulation: Demand in ADT = Fire: Open Space: Schools: Served by Fire Station No. = Acreage Provided = Sewer: Demands in EDU Water: Demand in GPD = 31.3 16.7 9 EDU .06 acres Basin D 90 4’ .5 acres Carlsbad 3 Elementary 1 Junior High 2 High School 9 1980 The project is 9 units below the Growth Management Dwelling unit allowance. DISCLOSURE STATEMENT t Applicant’s statement or disclosure of ecrtain ownership inte~sts on all applications which will require discretionary action on the part of the City Counci! or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of appkation submittal. Your project cannot be reviewed until this information is completed. Please prid. _’ .’ Note: Person is defined as “Any hdividaal, firm, c+parhership, j6@ verity& association, social club, fraternal organisation, corporatiou, estate, ‘tmst, receiver, syudh& in this and .any -o&r couuty, city and county, city municipality, dhrict or 0therpoliticaS subdivision oranyother.group orcombination acting as a unit.” Agents may sign thkdocument; however, &~&legal name and~ent.ity:of .the applicant and property owner must 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 comoration or Dartnershio, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a pubiiclv-owned corwration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) WESTERN PACIFIC HOUSING - Person N/A carp/pm EL CAMINO LLC. Title Title VlCE PRESIDENT Address A&jypss 2385 CAMINO VIDA ROBLE STE. 107 CARLSBAD, CA 92009 2. OWNER (Not the owner’s agent) ‘, Provide the COMPLETE. LEGAL names and addresses of&J& 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 uartnershio, irklude the names, title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHAMS, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names. titlei. and addresses of the corporate officers. (A separate page may be attached if necessary.) AS TO PARCEL 1: JOSEPH R. STEINER AS TO PARCEL 2: WESTERN PACIFIC HOUSING Person & t@J&4N STFINFR Carp/Part - EL CAMINO LLC Title JOINT TENANTS Title VICE PRESIDENT Address 6675 EL CAMINO REAL Address 2385 CAMINO VlDA ROBLE, STE. 107 CARLSBAD, CA 92009 CARLSBAD, CA 92009 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 l (760) 438-1161 l FAX (760) 438-0894 a9 3. NON-PROFIT ORC .IzATION OR TRUS’I If any person identified pursuant to (1) or (2) above is a nonurofn oaanimtion or a trust. list the names and addresses of ANY van SCIV@ BS an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust : Non Pmfmmst Title Title Address Address 4. Have you had more than $250. worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve ( 12) months? 0 Yes q No If yes, please indicate person(s): NOTE: Attach additional sheets ifneeessary. I certify that all the above information is true and comet to the best of my knowledge. Signature of applicant/date ; , Western Pacific Housing- Print or type name of owner Print or type name of applicant As to Parcel 1: Signature of owner/-date d/z 3py Marian Steiner . Print or type name of owner/applicant’s agent Joseph R, Steiner Print or type name of Owner H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5198 Page 2 of 2 3 .F ;I IF :i :* I. :P ? .: .: ‘d 48 - - Y f; * / ‘. I 1 1.’ iJ . . I- f - -_ ” - .: - f--------- a 8 a E I 3 #lf 1. D 1 L5 ai i$ Li __------ He g r MI 11 . . ro. I 3’ .’ . 3# F I . I - - I’ ,’ 4 ; l l . r 4 q ./ . ,. . . * .! - 4 ,““\ / -.~~--~~. Yg--f& -.._.__ Y-i - : j c 3 u .E ‘1 u - -c b i -. 3: -b . . z : -7.. .’ ‘r , - .i ‘, c ; . . i /. --L- & / 8 5 : _----- ------ I I__ p, zi -b 1: --L PLANNING COMMISSION January 52000 DRAFH,,,‘“” 6 2. ZC 99-06/LCPA 99-OWCT 99-13/SDP 99-IOKDP 99-26/HDP 99-12 STEINER PROPERTY - Request for a recommendation of approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, a Zone Change and Local Coastal Program Amendment to change the zoning designation from Limited Control (L-C) to One-family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1-7,500 - Q) on a 3.0 acre property. Also proposed is a Tentative Tract Map to create nine residential lots. Site Development Plan Hillside Development Permit and a Coastal Development Permit for property located on the north side of Poinsettia Lane, 200 feet west of El Camino Real, and east of proposed Skimmer Court in Local Facilities Management Zone 21. Assistant Planning Director, Gary Wayne stated that Agenda Items #2 involves a number of actions. The action of the Planning Commission on Agenda Item #2 is advisory and will be forwarded to the City Council for final action. There are a number of other items for the subdivision of a piece of property in Local Facilities Management Zone 21, in which the Planning Commission’s action will be final and conditioned to be contingent upon the approval of the legislative actions, and will not be forwarded unless appealed. Van Lynch, Associate Planner presented agenda item #2 as follows: The project site for the Steiner Property is located on the north side of Poinsettia Lane and west of El Camino Real. The project consists of a 9 unit, g-lot residential single family subdivision. The current three-acre site, presently has a single family home which will be removed as a result of this project. The site has been used for agricultural purposes and does not have biological value. The project is an extension of the adjacent Lohf subdivision. The existing stub street of Skimmer Court in the Lohf subdivision will be extended into the Steiner property. Access to the Saska property, which is immediately adjacent to the east of the Steiner property, will be gained via the cul-de-sac. The project requires a Zone Change and Local Coastal Program amendment from the Limited Control (L-C) designation to R-1-7500 with a Q Overlay. The RI designation conforms with the Residential Medium General Plan designation. The project is in compliance with the various elements of the General Plan. Project density is at 3.0 units per acre, where 6 units per acre is allowed per the RM designation. The lots and units purposed meet the requirements of the Zoning Ordinance and Subdivision Ordinance. Lot size minimums exceed the 7500 square foot lot size minimum. The Hillside Development Permit was required because of two slope areas on the property, both are quite minor. One of these areas is the result of the grading for the building pad of the existing residence. The other area is a slope edge to a gully that parallels El Camino Real and is beyond the grading limits for the project, but is being partially graded with the construction of Poinsettia Lane. Mr. Lynch stated that the project is required to provide 1.6 affordable units to meet its lnclusionary Housing requirement. Those units will be purchased as credits within the Villa Loma housing project. The mitigation measures in the Mitigated Negative Declaration are for traffic impacts to Palomar Airport Road and El Camino Real; potential paleontological; biological resources; for the potential impacts to Gnatcatchers living adjacent to the property to the north; noise impacts associated with Poinsettia Lane; and for potential hazards related to reduced fire suppression zones for lot 3. The structure on lot 3 has been conditioned to conform to Section 504 of the Urban Wildlife Interface Code. The applicants have agreed to the fire conditions as written in the proposed Tentative Map Resolutions of Approval. Mr. Lynch indicated that a correction would be made on the Tentative Map Resolution 4702, Condition 41. He stated that Mr. Jimeno was available to answer any questions regarding the correction. On the Coastal Development Permit, Mr. Heineman was indicated as the signing party. The signing party will be changed to Chairman Compas. Commissioner L’Heureux referred to the site’s development plan, which indicated that the landscape plan called for Tipuana trees to be planted. This tree has caused the city a great deal of trouble, uproar, time and effort. She stated that the Tipuana tree was not in any of the street tree lists and she would prefer that the trees not be used on this project. Mr. Lynch indicated that the landscape plan listed five trees that could be used on the site and the Tipuana could be removed from the list. 57 PLANNING COMMISSION January 5,200O Page 6 Commissioner Welshons wanted more details on Section 504 of the Urban Wildfire Interface Code. What are the items that must be put into place. Mr. Lynch indicated that he did not have a definitive list, but basically the homes were designed to resist fire by construction techniques (i.e. stucco exterior, different glazing techniques, clipped eaves, or box eaves so there is no exposed wood portions and separation from fuel habitat area). Commissioner Welshons asked if the homes would have interior sprinklers. Mr. Lynch stated that the project was conditioned with interior sprinklers. It is conditioned to meet the 504 Section and there is a reference on the landscape plan that it includes sprinklers. Commissioner Welshons wanted to know the distance of the homes from the Pacific Ocean. Mr. Lynch indicated that the homes were approximately two to two and a half miles from the Pacific Ocean. Commissioner Trigas asked if the fire condition remained the same on lots 1, 2 and 3. Mr. Lynch indicated that that was correct. Commissioner Segall asked if Section 504 was conditioned on lots 1 and 2 as well as lot 3. Mr. Lynch stated that presently it was lot 3 as written in the condition. He explained that as the condition was written nothing could be built within the fire suppression zones, so that the construction in the zones does not bias the house. Right now the house’s standard construction with the three 20-foot buffer zones create a 60-foot buffer, which is acceptable to our standards. If anything were to be built within the fire suppression zones, that would bias the integrity of the homes. Commissioner Segall asked if the Errata sheet that was given to the Commissioners yesterday was being introduced today. Mr. Lynch indicated that it was not. Commissioner Segall asked for clarification on the second Errata sheet that was dated January 5,200O. Mr. Lynch indicated that the Errata sheet dealt with the condition of offsite improvements to the project. Frank Jimeno, Associate Engineer, addressed the issues as follows: because of the configuration of the development adjustment plats are being processed, which changes the boundaries of the development and will change the improvement conditions. Commissioner Segall asked if the applicant accepted the changes. Mr. Jimeno indicated that the improvements would be built by the Lohf Development and the applicant did not have any objections. Chairman Compas opened the public testimony and asked the applicant to speak. Darren Warren, Western Pacific Housing, 2385 Camino Vida Roble - Suite 107, Carlsbad, thanked staff for work connected with the project. The project is a seamless project that was tied together with the Lohf project. Several things were done to lessen the impact to the property owners in the area as related to this project. Poinsettia was realigned to accommodate the lots, which gives 100% capability with the Lohf project. He indicated that the applicant worked closely with property owners to accommodate property and access needs and lessen impacts. The property owners in the area are being provided with a safe access off Skimmer Court. The existing property owners are behind the proposed project. With regard to the homes, three different plans are being offered with eight color schemes and three different elevations. PLANNING COMMISSION January 52000 Page 7 It is anticipated that this project will work as phase 7 of the Lohf project. It is expected that the final map will be available by June and starting construction around August or September with the first closing around January 2001. Phase 1 through 6 will be completed prior to starting phase 7, which would provide access down Poinsettia Lane and access via Oriole Court and Mimosa. Commissioner L’Heureux wanted assurances that the Tipuana Tree would not be used on this project. Mr. Warren indicated that the Tipuana Tree would be eliminated from the landscape plans. Commissioner Heineman asked what the selling prices would be for the homes. Mr. Warren stated that the homes would sell for approximately $400,000 to the mid $500,000, depending upon the market. Commissioner Segall referred to the one-car garages, stating that large vehicles such as Suburban’s generally could not fit into the garages because of the side view mirrors. He wanted to make sure that the applicant was aware of the situation. Mr. Warren indicated the he would make note of it. Commissioner Segall asked for clarification on the additional facade treatments and the building plans. Mr. Warren indicated that the model of Viadana was being used to sell this project. Plan 3 was changed to a hip type roof. Optional fireplams were made standard on all of the homes. Plan 1 no longer has a single plane, which enhances the elevation. Commissioner Segall asked if the applicant was in agreement with the Errata sheet that was presented tonight. Mr. Warren stated that he was. Commissioner Welshons asked how the relationship with the existing residents on Mimosa as related to the Lohf project was progressing. Mr. Warren indicated that everything was fine. PUBLIC TESTIMONY: As there was no additional public testimony, Chairperson Compas closed Public Testimony. MOTION: ACTION: Motion by Commissioner Segall, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 4699, 4700 and 4701 recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, a Zone Change and Local Coastal Program Amendment and adopt Planning Commission Resolutions No. 4702, 4703, 4704, and 4705 approving Tentative Tract Map, Site Development Plan, Hillside Development Permit and Coastal Development based on the findings and subject to the conditions contained therein, including the Errata sheet dated January 5, 2000 and with the change of the replacing the name of Chairman Heineman to Chairman Compas on Resolution 4705 and with the removal of the Tipuana Trees on the landscaping plans. VOTE: AYES: NOES: ABSTAIN: 7-o-o Heineman, Compaq L’Heureux, Segall, Trigas, Welshons, Nielsen None None NOTICE OF PUBLIC HEARING ZC 99-06/LCPA 99-05 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday January 25, 2000, to consider a request for approval of a Mitigated Negative Declaration, Mitigated Monitoring and Reporting Program, Zone Change and Local Coastal Program Amendment to change the zoning designation from Limited Control (L-C) to One- family Residential, 7,500 square feet minimum lot size, Qualified Development Overlay Zone (R-1-7,500-Q) on a 3.0 acre property generally located north of Poinsettia Lane, west of El Camino Real and east of future Skimmer Court in Local Facilities Management Zone 21 and more particularly described as: Being a subdivision of Parcel 1 or Parcel Map 2244, as filed in the Office of the County Recorder of San Diego County on January 10, 1974 as File 74-0073 17 of official records together with Lot 74 and Portion of Lots 67 and 68 of the City of Carlsbad Tract 97-15, according to map thereof No. 13839, all in the City of Carlsbad, County of San Diego, State of California. 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 January 2 1,200O. If you have any questions regarding this matter, or would like to be notified of the decision, please contact Van Lynch in the City of Carlsbad Planning Department at (760) 438-l 161, extension 4447. If you challenge the Mitigated Negative Declaration, Mitigated Monitoring and Reporting Program, Zone Change and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office, at, or prior to, the public hearing. APPLICANT: WESTERN PACIFIC HOUSING PUBLISH: January 14,200O CITY OF CARLSBAD CITY COUNCIL _- STEINER PROPERTY ZC 99-06LCPA ‘99-05 - (Form A) TO: CITY CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the naterlals necessary for you to notice ZC gg-os/LCPA 99-05 - Steiner Property for a public hearing before the City Council. Please notice the item for the council neetlng of January 25,yO . Needs to go on this date to make 1st Coastal Batch Thank you. January 6, 2000 Date NOTICE OF PUBLIC HEARING 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, DATE, to request approval of a Mitigated Negative Declaration, Mitigated Monitoring and Reporting Program, Zone Change and Local Coastal Program Amendment to change the zoning designation from Limited Control (L-C) to One-family Residential, 7,500 square feet minimum lot size, Qualified Development Overlay Zone (R-1-7,500 - Q) on a 3.0 acre property generally located north of Poinsettia Lane, west of El Camino Real and east of future Skimmer Court in Local Facilities Management Zone 21 and more particularly described as: Being a subdivision of Parcel 1 of Parcel Map 2244, as filed in the Office of the County Recorder of San Diego County on January 10, 1974 as File 74-0073 17 of official records together with Lot 74 and Portion of Lots 67 and 68 of the City of Carlsbad Tract 97-15, according to map thereof No. 13839, all in the City of Carlsbad, County of San Diego, State of California. 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 DATE. If you have any questions, please call Van Lynch in the Planning Department at (760) 438-l 161, extension 4447. The time within which you may judicially challenge this Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change and/or Local Coastal Program Amendment, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: ZC 99-06/LCPA 99-05 CASE NAME: STEINER PROPERTY PUBLISH: DATE CITY OF CARLSBAD CITY COUNCIL - CARLSBAD UNIF SCHOOL DIST CITY OF ENCINITAS CITY OF SAN MARCOS 801 PINE AVE 505 S VULCAN AVE 1 CIVIC CENTER DR CARLSBAD CA 92008 ENCINITAS CA 92024 SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE CITY OF VISTA 300 NORTH COAST HWY PO BOX 1988 OCEANSIDE CA 92054 VISTA CA 92085 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 CALIF DEPT OF FISH & GAME REGIONAL WATER QUALITY SANDAG STE 50 STE B STE 800 330 GOLDENSHORE 9771 CLAIREMONT MESA BLVD 401 B STREET LONG BEACH CA 90802 SAN DIEGO CA 92124-1331 SAN DIEGO CA 92101 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 I.P.U.A. AIR POLLUTION CNTRL DIST SCHOOL OF PUBLIC ADMIN AND 9150 CHESAPEAKE DR URBAN STUDIES SAN DIEGO CA 92123 SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 U.S. FISH & WILDLIFE CA COASTAL COMMISSION 2730 LOKER AVE WEST STE 200 CARLSBAD CA 92008 3111 CAMINO DEL RIO NO SAN DIEGO CA 92108 CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SERVICES CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT MUNICIPAL WATER DISTRICT CITY OF CARLSBAD CITY OF CARLSBAD PROJECT PLANNER VAN LYNCH DAVID MALDONADO MANZANITA PARTNERS L L 1590 BASSWOOD AVE 1155 CUCHARA DR CARLSBAD CA 92008-1945 DEL MAR CA 92014-2623 REAL ESTATE COLLATERAL PO BOX 9000-685 CARLSBAD CA 92018 PEGGY.E HARRISON JACK & PATRICIA SUDDUTH ISABEL R SASKA 972 NOLBEY ST 1301 FORTSIDE DR 6721 EL CAMINO REAL CARDIFF BY TH 92007-1115 FORT WASHINGT 20744-6779 CARLSBAD CA 92009-4104 FELIX GARBER SHAIN WONG STEVEN E BAKKEN 1922 SWALLOW LN 1918 SWALLOW LN 1914 SWALLOW LN CARLSBAD CA 92009-4138 CARLSBAD CA 92009-4138 CARLSBAD CA 92009-4138 KATHLEEN ZICCARELLI SNYDER ELIZABETH G MALUBAY 1910 SWALLOW LN 1928 SWALLOW LN 1924 SWALLOW LN CARLSBAD CA 92009-4138 CARLSBAD CA 92009-4138 CARLSBAD CA 92009-4138 AL1 & BAHAR DAHI STEVEN E BAKKEN DONALD F & LEONA EDIC 1920 SWALLOW LN 1916 SWALLOW LN 1912 SWALLOW LN CARLSBAD CA 92009-4138 CARLSBAD CA 92009-4138 CARLSBAD CA 92009-4138 PERRY H BURNAND ELLABLANCHE K SALMI ELLIOTT R & CARYN ROSEN 4407 MANCHESTER AVE 201 1940 SWALLOW LN 2390 BOTELLA PL ENCINITAS CA 92024-7901 CARLSBAD CA 92009-4142 CARLSBAD CA 92009-8011 BRADLEY S BECKER D M PARMAN MARK D GAUTHIER 1948 SWALLOW LN 1952 SWALLOW LN 1938 SWALLOW LN CARLSBAD CA 92009-4142 CARLSBAD CA 92009-4142 CARLSBAD CA 92009-4142 TIMOTHY R GROTH JOAN H MITCHELL CLEON W & DONA WINSLOW 1942 SWALLOW LN 1946 SWALLOW LN PO BOX 780 CARLSBAD CA 92009-4142 CARLSBAD CA 92009-4142 MONARCH BEACH 92629-0780 STANLEY R SOPCZYK LORRAINE P THOMPSON J&E INC 1954 SWALLOW LN 1960 SWALLOW LN 6721 CANTIL ST CARLSBAD CA 92009-4142 CARLSBAD CA 92009-4143 CARLSBAD CA 92009-5808 H W BRIGHAM 6994 EL CAMINO REAL CARLSBAD CA 92009-4116 LISA K ADAMS 1962 SWALLOW LN CARLSBAD CA 92009-4143 CAROL SURPRISE 1974 SWALLOW LN CARLSBAD CA 92009-4143 DEIRDRE M SIMS 1973 SWALLOW LN CARLSBAD CA 92009-4144 NORMAN H MEYERS PO BOX 1792 RANCH0 SANTA 92067-1792 DMITRI KITARIEV 1971 SWALLOW LN CARLSBAD CA 92009-4144 CATHERINE BEDFORD 1953 SWALLOW LN CARLSBAD CA 92009-4139 MURIEL F & COLEEN INNIS 1941 SWALLOW LN CARLSBAD CA 92009-4139 CONRAD0 R BALLECER 221 W CONRAD DR PHOENIX AZ 85023-5296 BEVERLY W WOTHERSPOON ARTHUR J & LOIS SERRIN 1972 SWALLOW LN 4423 SALISBURY DR CARLSBAD CA 92009-4143 CARLSBAD CA 92008-2867 DEANNEMCLARK JOHN T MITCHELL 11136 SCOTT MILL RD PO BOX 738 JACKSONVILLE 32223-7105 GREAT FALLS M 59403-0738 MCGINNIS & SPENCER TR NANCY J SCHUTH 1978 SWALLOW LN 1977 SWALLOW LN CARLSBAD CA 92009-4143 CARLSBAD CA 92009-4144 PAULA D B-ARNES B J KNOWLES 1969 SWALLOW LN 1965 SWALLOW LN CARLSBAD CA 92009-4144 CARLSBAD CA 92009-4144 PIACARINA LABOS GORDON J & DEN1 SCHMIDT 1979 SWALLOW LN 1975 SWALLOW LN CARLSBAD CA 92009-4144 CARLSBAD CA 92009-4144 J&E INC 1717 TIMOTHY PL VISTA CA 92083-5545 BRISKIN BERNARD SEPARAT 1010 WOODLAND DR BEVERLY HILLS 90210-2936 PETER MILES JEANETTE M LEWIS 6363 RANCH0 MISSION RD 1945 SWALLOW LN SAN DIEGO CA 92108-2013 CARLSBAD CA 92009-4139 ROBERT J FOREMAN THOMAS A HENKELS 1937 SWALLOW LN 1955 SWALLOW LN CARLSBAD CA 92009-4139 CARLSBAD CA 92009-4139 LEAH D NEIPRIS GORDON R DRIVER 1947 SWALLOW LN 1943 SWALLOW LN CARLSBAD CA 92009-4139 CARLSBAD CA 92009-4139 KLAS ELAINE R 1021 WILLOW DR HEMET CA 92543-5811 *** 61 Printed *** M & J STEINER 6675 EL CAMINO REAL CARLSBAD CA 92009 WESTERN PACIFIC HOUSING 2385 CAMINO VIDA ROBLE #107 CARLSBAD CA 92009 LABELS - 5 163 LCPA MAILING LIST (GOVERNMENT AGENCIES) SANDAG (SAN DIEGO COUNTY) WELLS FARGO PLAZA SUITE 800 APPENDIX A (LIST IS REQUIRED BY COASTAL 401 B STREET COMMISSION) SANDIEGO CA 92101 DEPARTMENT OF JUSTICE DEPUTY ATTORNEY GENERAL ROOM 700 110 WEST A STREET SANDIEGO CA 92101 PUBLIC UTILITIES COMMISSION 350 MCALLISTER STREET SAN FRANCISCO CA 94103 OFFICE OF PLANNING AND RESEARCH OFFICE OF LOCAL GOVERNMENT AFFAIRS PO BOX 3044 SACRAMENTO CA 95812-3044 DEPARTMENT OF FOOD AND AGRICULTURE STEVE SHAFFER, AGRICULTURE RESOURCES ROOM 100 1220 N STREET SACRAMENTO CA 95814 BUSINESS, TRANSPORTATION & HSG AGENCY WILLIAM G. BRENNAN DEPUTY SECRETARY AND SPECIAL COUNCIL SUITE 2450 980 NINTH STREET SACRAMENTO CA 95814 DEPARTMENT OF TRANSPORTATION ROOM 5504 1120 N STREET SACRAMENTO CA 95814 DISTRICT 11 CALTRANS BILL FIGGE, TRANSPORTATION PLANNING MAIL STATION 65 2829 JUAN ST SAN DTEGO CA 92110 RESOURCES AGENCY RM 1311 1416 NINTH STREET SACRAMENTO CA 95812 - U. S. FISH AND WILDLIFE SERVICE SUITE 130 33 10 EL CAMINO AVENUE SACRAMENTO CA 95821 ENERGY RESOURCES, CONSERVATION AND DEVELOPMENT COMMISSION CHUCK NAJARIAN 15 16 NINTH STREET SACRAMENTO CA 95814 MARINE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES SUPERVISOR 350 GOLDEN SHORE : LONGBEACH CA 90802 SOUTHERN REGION JOHN WALSTROM, TECHNICAL SERVICES 8885 RIO SAN DIEGO DRIVE SAND DIEGO CA 92108 STATE LANDS COMMISSION DWIGHT SANDERS SUITE 1005 100 HOWE AVE SACRAMENTO CA 95825-8202 COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DEPARTMENT OF FISH AND GAME GAIL PRESLEY, CHIEF ENVIRONMENTAL SERVICES DIVISION RM 1341 1416 NINTH STREET SACRAMENTO CA 95814 DEPARTMENT OF FORESTRY DOUG WICKJZER, ENVIROMENTAL COORD RM 1516-2 1416 NINTH STREET SACRAMENTO CA 95814 SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION BILL TRAVIS 30 VAN NESS AVENUE SANFRANCISCO CA 95814 WATER RESOURCES CONTROL BOARD PO BOX 100 SACARAMENTO CA 95801 REGIONAL WATER QUALITY CONTROL BOARD SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 BARRY BRAYER, AWP-8 FEDERAL AVIATION ADMINISTRATION WESTERN REGION PO BOX 92007 LOS ANGELES CA 90009 DEPARTMENT OF AGRICULTURE ATTN: GARY RESOURCE CONSERVATIONIST SUITE 102 2121-C SECOND STREET DAVIS CA 95616 PACIFIC REGIONAL MANAGER NATIONAL OCEANIC AND ATMOSPHERIC ADMIN - OCRM, 55MC4 N/ORM - 3 1305 EAST-WEST HIGHWAY SILVER SPRING MD 20910 U.S. ARMY CORPS OF ENGINEERS DEPARTMENT OF DEFENSE LILY ALYEA - SUITE 702 LOS ANGELES DISTRICT ENGINEER 333 MARKET STREET PO BOX 2711 SAN FRANCISCO CA 94105-2197 LOS ANGELES CA 90053 DEPARTMENT OF ENERGY 611 RYAN PLAZA DR STE 400 ARLINGTON TX 7601 l-4005 USDA - RURAL DEVLOPMENT 430 ST DEPT 4169 DAVIS CA 95616 COUNCIL ON ENVIRONMENTAL QUALITY CHAIRMAN 722 JACKSON PLACE NORTH WEST WASHINGTON DC 2006 DEPARTMENT OF DEFENSE COMMANDANT, ELEVENTH NAVAL DISTRICT DISTRICT CIVIL ENGINEER SAN DIEGO CA 92132 U. S. BUREAU OF LAND MANAGEMENT 2135 BUTANO DRIVE SACRAMENTO CA 95825 U. S. BUREAU OF RECLAMATION LOWER COLORADO REGION PO BOX 427 BOULDER CITY CO 89005 SUPERINTENDENT CHANNEL ISLANDS NATIONAL PARK 190 1 SPINNAKER DRIVE SAN BUENAVENTURA CA 93001 BUREAU OF INDIAN AFFAIRS RONALD M. JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 - DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIRECTOR SUITE 350 901 MARKET STREET SAN FRANCISCO CA 94103 DEPARTMENT OF HOUSING AND URBAN DEVE DUNCAN LENT HOWARD, REGIONAL ADMIN 450 GOLDEN GATE AVENUE SAN FRANCISCO CA 94102 U. S. BUREAU OF RECLAMATION MID-PACIFIC REGION 2800 COTTAGE WAY SACRAMENTO CA 95825 DOUGLAS WARNOCK, SUPERINTENDENT REDWOOD NATIONAL PARK DRAWERN 11112ND STREET CRESCENT CITY CA 95531 CALIFORNIA COASTAL COMMISSION SUITE 200 3 111 CAMINO DEL RIO NORTH SAN DIEGO CA 92108 - H:iADMl-NlLABELS\LCP INTERESTED PARTIES UPDATED 3-99 OLIVENHAIN M.W.D. 1966 OLIVENHAIN ROAD ENCINITAS CA 92024 CRAIG ADAMS SIERRA CLUB SAN DIEGO CHAPTER 3820 RAY SAN DIEGO CA 92101 LESLIE ESPOSITO 1893 AMELFI DRIVE ENCINITAS CA 92024 LANIKAI LANE PARK SHARP; SPACE 3 6550 PONTO DRIVE CARLSBAD CA 92008 KIM SEIBLY SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 PERRY A LAMB 890 MERE POINT ROAD BRUNSWICK MAINE 04011 RICHARD RETECKI COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DALE/DONNA SCHREIBER 7163 ARGONAURA WAY CARLSBAD CA 92009 &WI@43 T@: * glir’cpIgw # bilAY!N LmqARY 1, BRAlr;li=H tdl&~RY + WWER tMTRlC7 CITY OF ENCINITAS COM DEV DEPARTMENT 505 S VULCAN AVE ENCINITAS CA 92024 REGIONAL WATER QUAL. BD EXECUTIVE OFFICER SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124 GUY MOORE JR 6503 EL CAMINO REAL CARLSBAD CA 92009 CYRIL AND MARY GIBSON 12142 ARGYLE DRIVE LOS ALAMITOS CA 90702 JOHN LAMB 1446 DEVLIN DRIVE LOS ANGELES CA 90069 MARY GRIGGS STATE LANDS COMMISSSION SUITE 100 SOUTH 100 HOWE AVE SACRAMENTO CA 95825-8202 SAN DIEGO COUNTY PLANNING & LAND USE DEPT JOAN VOKAC - SUITE B-5 5201 RUFFIN ROAD SAN DIEGO CA 92123 ANTHONY BONS 25709 HILLCREST AVE ESCONDIDO CA 92026 MR/MRS MICHAEL CARDOSA 6491 EL CAMINO REAL CARLSBAD CA 92008 U.S. FISH &WILDLIFE SERVICES 2730 LOKER AVE WEST CARLSBAD CA 92008 TABATA FARMS PO BOX 1338 CARLSBAD CA 92018 KENNETH E SULZER SANDAG - EXEC DIRECTOR IST INT’L PLAZA, SUITE 800 401 B STREET SAN DIEGO CA 92101 JAN SOBEL CHAMBER OF COMMERCE PO BOX 1605 CARLSBAD CA 92008 BILL MCLEAN c/o LAKESHORE GARDENS 7201 AVENIDA ENCINAS CARLSBAD CA 92009 SPIERS ENTERPRISES DWIGHT SPIERS SUITE 139 23 CORPORATE PLAZA NEWPORT BEACH CA 92660 SUPERVISOR BILL HORN AlTN: ART DANELL COUNTY OF SD, ROOM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 LEE ANDERSON CRA PRESIDENT 5200 EL CAMINO REAL CARLSBAD CA 92008 FLOYD ASHBY 416 LA COSTA AVE ENCINITAS CA 92024 GEORGE BOLTON 6583 BLACKRAIL ROAD CARLSBAD CA 92009 City of Carlsbad COMPLETE DATE: January 52000 DESCRIPTION: Request for a recommendation of approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, a Zone Change and Local Coastal Program Amendment to change the zoning designation &n Limited Control (L-C) to One-family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1-7,500 - Q) on a 3.0 acre property. Also proposed is a Tentative Tract Map to create nine residential lots, Site Development Plan, Hillside Development Permit, and a Coastal Development Permit. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located on the north side of Poinsettia Lane, 200 feet west of El Camino Real, and east of proposed Skimmer Court in Local Facilities Management Zone 2 1. ASSESSOR’S PARCEL NUMBER: 215-050-58 APPLICANT: Western Pacific Housing 2385 Camino Vida Roble, Ste. 107 Carlsbad, CA 92008 A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on January 5, 2000 .at 6:00 p.m. Persons are cordially invited to attend the’ public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after December 30, 1999. If you have any questions, or would like to be notified of the decision, please contact Van Lynch at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 2075 Las Palmas Drive, Carlsbad, California 92009, (760) 438- 1 161, extension 4447. . . . 2075 La Palmas Dr. - Carl&ad, CA 92009-1576 - (760) 438-l 161 - FAX (760) 438-0894 APPEALS The time within which you may judicially challenge this Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Site Development Plan, Hillside Development Permit, and Coastal Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Zone Change and Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. Anneals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: q This site is located within the Coastal Zone Appealable Area. IsI This site is not located within the Coastal Zone Appealable Area. Where the. decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 3111 Camino De1 Rio North, Suite 200, San Diego, California 92108-1725. CASE FILE: CASE NAME: PUBLISH: ZC 99-06/ LCPA 99-05/CT 99-13;SDP 99-lO/CDP 99-26/HDP 99-12 STEINER PROPERTY DECEMBER 23,1999 I STEINER PROPERTY ZC 99-06kCPA 99-051CT 99-l 31 SDP 99-1 O/CDP 9&26/HDP 99-l 2 .a . . -. - - I STANLEY R SOPCZYK LORRAINE P THOMPSON J&E INC 1954 SWALLOW LN 1960 SWALLOW LN 6721 CANTIL ST CARLSBAD CA 92009-4142 CARLSBAD CA 92009-4143 CARLSBAD CA 92009-5808 H W BRIGHAM BEVERLY W WOTHERSPOON ARTHUR J & LOIS SERRIN 6994 EL 'CAMINO REAL 1972 SWALLOW LN 4423 SALISBURY DR CARLSBAD CA 92009-4116 CARLSBAD CA 92009-4143 CARLSBAD CA 92008-2867 LISA K ADAMS DEANNEMCLARK JOHN T.MITCHELL 1962 SWALLOW LN 11136 SCOTT MILL RD PO BOX 738 CARLSBAD CA 92009-4143 JACKSONVILLE 32223-7105 GREAT FALLS M 59403-0738 CAROL SURPRISE MCGINNIS &-SPENCER TR NANCY J SCHUTH 1974 SWALLOW LN 1978 SWALLOW LN 1977 SWALLOW LN CARLSBAD CA 92009-4143 CARLSBAD CA 92009-4143 CARLSBAD CA 92009-4144 DEIRDRE M SIMS 1973 SWALLOW LN CARLSBAD CA 92009-4144 NORMAN H MEYERS PO BOX 1792 RANCH0 SANTA 92067-1792, DMITRI KITARIEV 1971 SWALLOW LN CARLSBAD CA 92009-4144 CATHERINE BEDFORD 1953 SWALLOW LN CARLSBAD CA 92009-4139 MURIEL F & COLEEN INNIS 1941 SWALLOW LN CARLSBAD CA 92009-4139 PAULA D BARNES 1969 SWALLOW LN CARLSBAD CA 92009-4144 PIACARINA LABOS 1979 SWALLOW LN CARLSBAD CA 92009-4144 J&E INC 1717 TIMOTHY PL VISTA CA 92083-5545 PETER MILES 6363 RANCH0 MISSION RD SAN DIEGO CA 92108-2013 ROBERT J FOREMAN 1937 SWALLOW LN CARLSBAD CA 9200'9-4139 B J KNOWLES 1965 SWALLOW LN CARLSBAD CA 92009-4144 GORDON J & DEN1 SCHMIDT 1975 SWALLOW LN CARLSBAD CA 92009-4144 BRISKIN BERNARD SEPARAT 1010 WOODLAND DR BEVERLY HILLS 90210-2936 JEANETTE M LEWIS 1945 SWALLOW LN CARLSBAD CA 92009-4139 THOMAS A HENKELS 1955 SWALLOW LN CARLSBAD CA 92009-4139 CONRAD0 R BALLECER LEAH D NEIPRIS GORDON R DRIVER 22i W CONRAD DR 1947 SWALLOW LN . 1943 SWALLOW LN PHOENIX AZ 85023-5296 CARLSBAD CA 92009-4139 CARLSBAD CA 92009-4139 , KLAS ELAINE R 1021 WILLOW DR HEMET CA 92543-5811 *** 61 Printed *** M & J STEINER 6675 EL CAMINO REAL CARLSBAD CA 92009 WESTERN PACIFIC HOUSING 2385 CAMINO VIDA.ROBLE #107 CARLSBAD CA 92009 . -- ‘. . . OCCUPANT 6721 EL CAMINO REAL CARLSBAD CA 92009-4104 OCCUPANT 6723 EL CAMINO REAL CARLSBAD CA 92009-4104 *** 2 Printed *** WESTERN PACIFIC HOU NG CE . A notl;i; it.. s b$en mailed t0 all pror: -‘:ty 0 wners/occupantS listed ;!t!f sin.