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HomeMy WebLinkAbout2001-02-20; City Council; 16083; TabataCITY OF CARLSBAD - AGENDA BILL A@ a I AB# j4453 TITLE: ~ MTG. 2-$@d 1 DEPT. PLN &‘ TABATA ZC 00-04 I LCPA 00-04 RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. his c 57b , APPROVING ZC 00-04 and LCPA 00-04 and ADOPT Resolution No. &X?l- L/ APPROVING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change ZC 00-04, and Local Coastal Program Amendment LCPA 00-04 based upon the findings contained therein. 1 ITEM EXPLANATION: On January 17, 2001, the Planning Commission approved a 16-unit single-family residential subdivision on a vacant parcel on the east side of Black Rail Road, south of future Poinsettia Lane and north of Aviara Parkway. The project requires a Zone Change and Local Coastal Program amendment to change the Limited Control (L-C) designation of the property to One-Family Residential, 7,500 square foot lot size minimum, Qualified Development Overlay Zone (R-1-7,500 - Q), to implement the Residential Low-Medium (RLM) General Plan designation. The Q-overlay ensures that the future proposed building elevations and floor plans for the project are subject to the review and approval by the Planning Commission ENVIRONMENTAL: The Planning Commission has determined that this project could have a significant effect on the environment, however, there would not be a significant impact in this case since the mitigation measures described in Planning Commission Resolution No. 4897 have been added as a condition of approval for the project. On November 27, 2000, the Planning Director issued a Mitigated Negative Declaration for the proposed project. FISCAL IMPACT: All required improvements needed to serve this project would be funded by the developer. The Facility Financing Section of the Zone 20 Local Facilities Management Plan lists the financing techniques being used to guarantee the public facilities needed to serve development within Zone 20. EXHIBITS: 1. 2. 3. 4. 5. 6. Ordinance No. N s -5 7 6 City Council Resolution No. 2cfll-b / Location Map Planning Commission Resolutions No. 4897,4898, and 4899 Planning Commission Staff Report, dated January 17, 2001 Excerpt of Planning Commission Minutes, dated January 17, 2001. 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-576 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 00-04, FROM L-C TO R-1-7,500-Q ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: TABATA CASE NO.: ZC OO-04/LCPA 00-04 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Section 2 1.050.30 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map marked Exhibit “ZC OO-04/LCPA 00-04” attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolutions No. 4898 and 4899 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 certifjr 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 20th day of February ,2001, and thereafter ill ill Ill l/l Ill 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 AND ADOPTED at a regular meeting of said City Council held on the day of ,2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEW -2- PROPERTY ZONE CHANGE EXHIBIT TO ORDINANCE NO. NS-576 zc: 00-04 LCPA: 00-04 draft w final 0 Project Name: Tabata Property 1 Related Case File No(s): Legal Description(s): The north half of the northwest quarter LCPA 00-04 / CT 00-l 3 / CDP 00-36 of the northwest quarter of the northeast quarter of Section 27, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof Zone Change Property: From: To: A. 2 15-040-04-00 L-C R-1-7,500-Q B. C. D. Attach additional pages if necessary Approvals Council Approval Date: Ordinance No: Effective Date: Signature: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, ZONE CHANGE, AND LOCAL COASTAL PROGRAM AMENDMENT TO REZONE A FIVE ACRE PARCEL GENERALLY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD AND SOUTH OF FUTURE POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: TABATA CASE NO.: ZC OO-04/LCPA 00-04 follows: The City Council of the City of Carlsbad, California, does hereby resolve as WHEREAS, the Planning Commission did on January 17, 2001, hold a duly noticed public hearing as prescribed by law to consider the Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change 00-04 and Local Coastal Program Amendment 00-04 to rezone 5.0 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. 4897, 4898 and 4899 recommending to the City Council that they be approved; and WHEREAS, the City Council did on the 20th dayof February , 2001 hold a duly noticed public hearing as prescribed by law to consider the Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change, and Local Coastal Program Amendment and; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change, and Local Coastal Program Amendment. follows: The City Council of the City of Carlsbad, California does hereby resolve as 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission in Planning Commission Resolutions No. 4897, 4898 and 4899 constitute the findings of the City Council in this matter. .r 7 . ,- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change and Local Coastal Program Amendment, ZC 00-04 and LCPA 00-04 respectively, are approved as shown in Planning Commission Resolutions No. 4897, 4898 and 4899 on file with the City Clerk and incorporated herein by reference . PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 20th day of February 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall. NOES: None ABSENT: None ATTEST: i; LOWNYM. WOOD, City Clerk (SEAL) -2- EXHIBIT 3 - - SITE @ NONlW TABATA PROPERTY ZC 00=04/LCPA 00-04 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 4 1 PLANNING COMMISSION RESOLUTION NO. 4897 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORlNG AND REPORTING PROGRAM TO GRADE AND SUBDIVIDE 5.0 ACRES INTO 16 LOTS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: TABATA CASE NO.: ZC 00-04/ LCPA 00-04/ CT 00-13/ CDP 00-36 ~ WHEREAS, Canterina, LLC, “Developer,” and “Owner,” has filed a verified application with the City of Carlsbad regarding property described as The north half of the northwest quarter of the northwest quarter of the northeast quarter of Section 27, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof (“the Property”); and WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 17th day of January 2001, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 W That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program according to Exhibit “ND” dated November 27, 2000, and “PII” dated November 16, 2000, attached hereto and made a part hereof, based on the following findings: Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: A. B. C. D. . . . . . . . . . . . . . . . . . . . . . . . . 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. PC RESO NO. 4897 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of January 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, and Trigas NOES: ABSENT: Commissioner Nielsen ABSTAIN: N CARL~BAD PLANNING COMMISSION ATTEST: MiCHAEL J. HtiZMILtiR Planning Director )O PC RESO NO. 4897 -3- City of Carlsbad MITIGATED NEGATIVE DECLARATION - Project Address/Location: The project site is located adjacent and east of Black Rail Road and 1500 feet south of future Poinsettia Lane, Carlsbad, California, and is identified by Assessors Parcel Number 2 15-040-04-00. Project Description: Proposed Local Coastal Program Amendment and Zone Change to change the land use designation from Limited Control (L-C) to One- Family Residential, 7,500 square foot lot size minimum (R-1-7,500), with a Qualified Overlay Zone(-Q), on a 5.0 acre parcel of land. Also proposed is a Tentative tract map to create 16 residential lots 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, 1635 Faraday Avenue, Carlsbad CA 92008. 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) 602-4613. DATED: NOVEMBER 27,200O CASE NO: ZC OO-04/LCPA OO-04/CT 00-l 3/CDP 00-36 CASE NAME: TABATA PROPERTY PUBLISH DATE: NOVEMBER 27,200O MICHAEL J. HOLmIL Planning Director 1635 Faraday Avenue l Cartsbad, CA 92008-7314 l (760) 602-4600 l FAX (760) 602-8559 l www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: ZC OO-04/LCPA OO-04/CT 00-13/GDP 00-36 DATE: November 16.2000 BACKGROUND 1. CASE NAME: Tabata Proper@ 2. APPLICANT: Brehn-Aviara Group. L.L.C. 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 5770 Oberlin Drive, San Diego CA 92121,858-404-9721 4. DATE EL4 FORM PART I SUBMITTED: July 3,200O 5. PROJECT DESCRIPTION: Proposed Local Coastal Program Amendment and Zone Change to change the land use designation from Limited Control (L-C) to One-Family Residential, 7,500 square foot lot size minimum (R-1-7.500), with a Qualified Overlay Zone (-Q), on a 5.0 acre parcel of land. Also proposed is a tentative tract man to create 16 residential lots and a Coastal Development Permit. The proiect site is located adjacent and east of Black Rail Road and 1500 feet south of future Poinsettia Lane and is identified by Assessors Parcel Number 215-040-04-00. 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. q Land Use and Planning [XI Transportation/Circulation 0 Public Services Ll Population and Housing 0 Biological Resources 0 Utilities & Service Systems 0 Geological Problems 0 Energy & Mineral Resources 0 Aesthetics 0 Water q Air Quality 0 Hazards 0 Noise 0 Cultural Resources III Recreation lxl Mandatory Findings of Significance Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) 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. //--2&m Date Date 2 13 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 identities any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but fl potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. 3 14 Rev. 03/28/96 l A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. l If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. 0 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 03/28/96 Issues (and Supporting Information Sources). I. a> b) c> 4 e) II. 4 b) c> III. 4 b) cl 4 4 f, g> h) 0 LAND USE AND PLANNING. Would the proposal:. Conflict with general plan designation or zoning? (Source #(s): (#l:Pgs 5.6-l - 5.6-18; #2: Pgs III-74 - III - 87) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-l - 5.6-18; #2: Pgs III-74 - III -87) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-l - 5.6-18; #2: Pgs III -74 -111-87) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (#I: Pgs 5.6-l - 5.6-18; #2: Pgs III-74 - III - 87) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (#l:Pgs 5.6-l - 5.6-18; #2: III - 74 - III -87) POPULATION AND HOUSING. Would the proposal: Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-l - 5.5-6; #2: IV-l) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-l - 5.5-6; #2: IV-l) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-l - 5.5-6) GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: Fault rupture? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-112 - 111-118; #3) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-1 12 - III-1 18; #3) Seismic ground failure, including liquefaction? ((#l:Pgs 5.1-1 - 5.1.15; #2: Pgs III-112 - 111-118; #3) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 - 5.1-15;#2: Pgs III-112 - 111-118; #3) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-1 12 - 111-l 18; #3) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-112 -111-118; #3) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-1 12 - 111-118; #3) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-112 - III -118; #3) Unique geologic or physical features? (#l:Pgs 5.1-1 - 5.1-15; #2:Pgs III -112 - III -118; #3) Potentially Significant Impact q q q q q q q q q q q q q q q q q Potentially Significant Unless Mitigation Incorporated q q q q q q q q 0 q q q q q q q q Less Than Significant Impact q q q q q q q q q q q q q q q q q No Impact Ix] lxl El Ix1 lxl Is] lxl IXI El lxl lxl lxl El lxl Ix] IXI Ix] 5 Rev. 03128196 Issues (and Supporting Information Sources). IV. 4 b) cl 4 e> f) g) h) 0 V. 4 b) cl 4 VI. a> b) cl 4 e> WATER. Would the proposal result in: Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#l:Pgs 5.2-l - 5.2- 11; #6) Exposure of people or property to water related hazards such as flooding? ((#l:Pgs 5.2-l - 5. 2-l 1; #5) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ((#l:Pgs 5.2-l - 5. 2-l 1; #5) Changes in the amount of surface water in any water body? ((#l:Pgs 5.2-l - 5.2-l 1; #5) Changes in currents, or the course or direction of water movements? ((#l:Pgs 5.2-l - 5.2-l 1; #5) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ((#l:Pgs 5.2-l - 5.2-l 1; #5) Altered direction or rate of flow of groundwater? ((#l:Pgs 5.2-l - 5.2-l 1; #5) Impacts to groundwater quality? ((#l:Pgs 5.2-l - 5. 2- 11; #5) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-l - 5.2-l 1) AIR QUALITY. Would the proposal: Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 - 5.3-12; #2: Pgs 28-36) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-l - 5.3-12; #2: Pgs 28-36) Alter air movement, moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-l - 5.3-12; #2: Pgs 28-36) Create objectionable odors? (#l:Pgs 5.3-l - 5.3-12; #2: Pgs 28-36) TRANSPORTATION/CIRCULATION. Would the proposal result in: Increased vehicle trips or traffic congestion? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69) 6 Potentially Significant Impact q q q q q q q q q lxl q q q lxl q q q q Potentiallv SignificarG Unless Mitigation Incorporated q q q q q q q q q q q q q q 0 q q q Less Than Significant Impact SO Impact Rev. 03128196 J7 u- u q q q q cl q q q cl q q q q q cl q lxl IXI IXI lxl lxl lxl ixl El lxl q IXI lxl El q lxl lxl txl Ix] Issues (and Supporting Information Sources). f) .d VII. 4 b) cl 4 e> VIII. 4 b) cl IX. 4 b) cl 4 e) X. 4 Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-l - 5.7.22; #2: Pgs III-58 - 111-69) BIOLOGICAL RESOURCES. Would the proposal result in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? (#l:Pgs 5.4-l - 5.4-24; #2: Pgs III-37 - 111-57;) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-l - 5.4-24; #2: Pgs III-37 - 111-57;) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-l - 5.4-24; #2: Pgs III-37 - 111-57;) Wetland habitat (e.g. marsh, riparian and vernal pool)? (#l:Pgs 5.4-l - 5.4-24; #2: Pgs III-37 - 111-58;) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-l - 5.4-24; #2: Pgs III-37 - 111-57;) ENERGY AND MINERAL RESOURCES. Would the proposal? Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) Use non-renewable resources in a wasteful and inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13- 1 - 5.13-9) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) HAZARDS. Would the proposal involve: A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#l:Pgs 5.10.1-l - 5.10.1-5) Possible interference with an emergency response plan or emergency evacuation plan? (#I :Pgs 5.10. l- 1 - 5.10.1-5) The creation of any health hazard or potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5; #2: Pgs III-97 - 111-105; #5) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5; #2: Pgs III-97 - III- 105; #5) Increase fire hazard in areas with flammable brush, grass, or trees? (#l:Pgs 5.10.1-l - 5.10.1-5) NOISE. Would the proposal result in: Increases in existing noise levels? (#l:Pgs 5.9-l - 5.9- 15; #2: Pgs III-88 - 111-96) 7 Potentially Significant Impact q q q q q q q q q q q q q q q q Potentially Significant Unless Mitigation Incorporated q q q q q q q q q q q q q q q q Less Than Significant impact q q q q q q q q q q q q q q q q No Impact [xi lzl lxl q lxl lxl Ix] lzl lxl Ix1 El El El lxl lxl (XI Rev. 03128196 Issues (and Supporting Information Sources). b) XI. a) b) cl 4 e> XII. a> b) c> 4 e) f) id XIII. 4 b) c> XIV. 4 b) cl 4 e) Exposure of people to severe noise levels? (#l:Pgs 5.9- 1 - 5.9-15; #2: Pgs III-88 - 111-96) PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) Maintenance of public facilities, including roads? (#I, pgs 5.12.1-I - 5.12.8-7) Other governmental services? (#l:Pgs 5.12.1-1 - 5.12.8-7) UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) Communications systems? (#l; pgs 5.12.1-1 - 5.12.8-7) Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) Storm water drainage? (#l:Pg 5.2-8) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) Local or regional water supplies? (#l:Pgs 5.12.2-1 - 5.12.3-7) AESTHETICS. Would the proposal: Affect a scenic or vista or scenic highway? (#l:Pgs 5.11-1 - 5.1 l-5; #2: Pgs III-1 19 - 111-151) Have a demonstrate negative aesthetic effect? (#l:Pgs 5.11-1 - 5.11-5; #2: Pgs III-119 - 111-151) Create light or glare? (#l:Pgs 5.11-1 - 5.11-5; #2: Pgs III-119 - 111-151) CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? (#l:Pgs 5.8-l - 5.8- 10; #2: Pgs III-106 - 111-107) Disturb archaeological resources? (#l:Pgs 5.8-l - 5.8- 10; #2: Pgs III-70 - 111-73) Affect historical resources? (#l:Pgs 5.8-l - 5.8-10; #2: Pgs III-70 - 11X-73) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8-l - 5.8-10; #2: Pgs III-70 - 111-73) Restrict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-l - 5.8-10; #2: Pgs III-70 - 111-73) 8 Potentially Significant Impact q q q 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 q q q q q q q q q q q q lxl q q q q Less Than Significant Impact q q q q q q q q q q q q q q q q q q q q q NO Impact El lxl lxl lxl lxl El El lxl lxl IXI lxl Ix] lxl El IXI lxl q lxl lxl El lxl Rev. 03128196 Issues (and Supporting Information Sources). xv. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 - 5.12.8-7) b) Affect existing recreational opportunities? (#l :Pgs 5.12.8-1 - 5.12.8-7) XVI. MANDATORY FJNDINGS OF SIGNJFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact q q q IXI q Potentially Significant Unless Mitigation Incorporated q q txl q q Less Than No Significant Impact Impact q lxl q (XI q q q q q El 9 Rev. 03/28/96 20 XVII. EARLIER ANALYSES. Earlier analysis of this proposed single-family residential project has been completed through the General Plan Update (GPA 94-01) and related Master Environmental Impact Report (MEIR 93- 01). The MEIR is cited as source #l in the preceding checklist. This proposal is consistent with the applicable portions of the General Plan and is considered a project that was described in MEIR 93-01 as within its scope. All feasible mitigation measures identified in MEIR 93-01 which are appropriate to the project have been incorporated into this project. An MEIR may not be used to review projects if it was certified more than rive years prior to the filing of an application for a later project except under certain circumstances. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than five years ago, the City’s preliminary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. The only potential changed circumstance, the intersection failure at Palomar Airport Rd. and El Camino Real, is in the process of being mitigated to below a level of significance. Additionally, there is no new available information, which was not known and could not have been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. All feasible mitigation measures identified by the MEIR which are appropriate to this project have been incorporated into the project. The project site is located in an area which is subject to the requirements of the Zone 20 Specific Plan approved by the City Council in 1994. A program EIR was certified for the Zone 20 Specific Plan. The Zone 20 Program EIR identified, analyzed, and recommended mitigation to reduce potentially significant impacts to insignificant levels. The Zone 20 Program EIR (PEIR) analyzed potential impacts to agriculture, air quality, biology, circulation, land use, noise, pesticide residue, paleontology, public facilities financing, soils/geology, and visual aesthetics that could result from the development of the Specific Plan area. The Program EIR is intended to be used in the review of subsequent projects within Zone 20. The project incorporates the required Zone 20 Program EIR mitigation measures, and through the analysis of the required additional biological, geotechnical, hydrology, and noise analysis a determination has been made that no additional significant impacts beyond those identified and mitigated by the Program EIR will result from this project. The following environmental evaluation briefly explains the basis for this determination along with identifying the source documents which support the environmental determination. The Zone 20 Program EIR and additional technical studies are cited as source documents for this environmental evaluation. 10 Rev. 03/28/96 cw DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING The project site is 5.0 acres in size and is located on the east side of Black Rail Road and 1,500 feet south of future Poinsettia Lane. The project consists of 16 single-family lots with a minimum lot area of 7,500 square feet developed on two cul-de-sac public streets. The site contains no significant habitats as it has been used for agricultural purposes and now lies fallow. The topography onsite consists of a ridge that trends north and south in the center of the property. The high point is 381.6 feet above mean sea level (AMSL) and drops to 348 feet AMSL to the west and 358 feet AMSL to the east. The project will require an export of 22,700 cubic yards of export soil material. The entire 5.0 site is designated as Residential Low-Medium Density (RLM O-4 DU/AC) on the General Plan Land Use Map. The project site is zoned Limited Control (L-C). A zone change and local coastal program amendment are proposed to designate the site as One-Family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-l-Q) to correspond to the existing general plan land use designations. In addition to approval of the tentative map application a coastal development permit is being requested. II. ENVIRONMENTAL ANALYSIS A. Environmental Impact Discussion V. a) Air Quality The implementation of projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfm, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to build-out 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 build-out, 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 11 Rev. 03/28/96 24 located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all projects within the scope of the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. VI. a) Transportation/Circulation The implementation of projects that fall within the scope of and are included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate build-out 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 build-out. To lessen or minimize the impact on circulation associated with General Plan build-out, numerous mitigation measures have been recommended in the Final Master EIR. These include: 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. The project will generate 370 average daily trips. Conditions of project approval will include constructing a portion of Black Rail Road along the project frontage. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at build-out of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all projects that fall within the scope of the General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. VII. a, c. & e) Biological Resources The Zone 20 Program EIR identified the mitigation requirement that future site specific biological survey studies that focus on the impacts created by individual subsequent development projects be prepared. The additional biological studies are required to consider the baseline data and biological open space recommendations of the Zone 20 Program EIR and provide more 12 Rev. 03/28/96 c23 detailed and current resource surveys. The site specific biological survey is required to identify mitigation for any project specific impacts. The project site has been used for agricultural purposes and is devoid of endangered, threatened or rare species. The surrounding properties have also been used for agricultural purposes and are devoid of significant vegetation. The properties to the north and east have been graded for residential lots. This project would not impact wildlife dispersal or migration corridors. IX. c) and d) Hazards 2) Agricultural chemicals have previously been used on the site according to the Zone 20 Program EIR. Because of this prior use there is the potential for soil contamination resulting from the varying degrees of degradation, prevalence in the environment, and toxicity of the agricultural chemicals which may have been used. A Limited Soil Sampling and Agricultural Chemical Evaluation was conducted on the site and determined that the overall potential for significant agricultural hazardous material or contamination onsite was insignificant and no additional testing or mitigation measures as described in the Zone 20 Specific Plan EIR are warranted. X. b) Noise All projects located within 500 feet of existing/future Poinsettia Lane or within the McClellan-Palomar Airport Influence Area are required to analyze the projected noise impacts. Because the property is approximately 1500 feet south of future Poinsettia Lane and located south of the McClellan-Palomar Airport Influence Area, a noise study was not prepared for the project. The property is within a three-mile radius of the airport. The following noise mitigation measures are required for the project: 1) Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). XIV. a) Cultural Resources - Paleontology According to the Zone 20 Program EIR the geologic formations present within the Zone 20 Specific Plan Area have the potential to contain significant fossils. There is a high potential for the discovery of fossils during future grading and construction activities. The following mitigation measures shall be implemented during future grading of the site to reduce potentially significant impacts on the region’s paleontological resources to an acceptable level: A. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to 13 Rev. 03/28/96 determine if the proposed grading will impact fossil resources. A copy of the paleontologist’s report shall be provided to the Planning Director prior to issuance of a grading permit; B. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; C. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; D. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum; E. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. b) Cultural Resources - Archaeology A. The Zone 20 EIR does not identify any archaeological sites on the property. 14 Rev. 03/28/96 25 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 1635 Faraday Avenue, Carlsbad CA 92008, (760) 602- 4613. 1. “Final Master Environmental Impact Report for the City of Carlsbad General Plan Update” (MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department. 2. “Final Program Environmental Impact Report for the Zone 20 Specific Plan” (EIR 90- 03), dated June 1992, Brian F. Mooney Associates. 3. “Soil and Geologic Reconnaissance, Tabata, Carlsbad, California, dated June 2000, Geocon, Inc. 1. “Limited Soil Sampling and Agricultural Chemical Evaluation - 5-acre Former Tabata Property Carlsbad, Californian”, dated November 10,2000, Geocon Inc. 2. “Hydrology Study for Tabata Property Tentative Map” (Job No.OO-1003), June 30, 2000, O’Day Consultants. LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. The applicant shall notify, in a manner satisfactory to the City Attorney, all tenants/users of new development that these areas are subject to dust, pesticides, and odors associated with adjacent agricultural operations, and that the tenants/users occupy these areas at their own risk. 2. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 3. 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; A. 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; 15 Rev. 03/28/96 ah B. 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; C. 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; D. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) See attached 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. // 21. (-J(? Date 16 Rev. 03/28/96 37 ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page ‘l of 2 5 2 3 5 3 ‘f E E m 1 P 8 ‘C 0 g .Tg iz f 2 -5 0) s z E 0 :: : 5 2 .I? 2 s iTi f I $5 E ‘Z 0 s 2 j ‘Z =c . . 5 g .% .Z cnori Ed E eg:3 5.‘: al m gg 0 ofa 0) al PII IO E ?: ;g -o & P .= cram I - g.p? 8 5% ‘S .- L a.- ;c?j ;;;a.E E .s 5 :z = II b 2 0.e Q6 g; akz 22 c v) 28 ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 2 of 2 22 kl E d s, lo, ! jg-, : ‘0’ Li O-2 Q) .I .r 5 c u+ c iij ou 882 L e c y .1 7 .I! 5 6 Em 0 QJ: 0 .r T hu a $ ftf 5 E B g z z c !!+I :* ’ E 2 g .- P E .8 CZC 0-o ‘Z G 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. 4898 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM L-C TO R-1-7,500-Q ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: TABATA CASE NO: zc 00-04 WHEREAS, Canterina, LLC, “Developer,” and “Owner,” has filed a verified application with the City of Carlsbad regarding property described as The north half of the northwest quarter of the northwest quarter of the northeast quarter of Section 27, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit “X,“ attached hereto and made part thereof dated January 17, 2001, on file in the Planning Department, TABATA - ZC 00-04 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 17th day of January, 2001, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of TABATA - ZC 00-04 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. That the proposed Zone Change from Limited Control (L-C) to One-family Residential, 7,500 square foot lot size minimum, Qualified Development Overlay Zone (R-1-7,500-Q) is consistent with the goals and policies of the various elements of the General Plan, in that the proposed zone replaces the L-C Zone which is intended to be an interim zone designation. The proposed R-1-7,500-Q zone is consistent with the RLM General Plan land use designation and by the Zone 20 Specific Plan which was earlier found to be consistent with the General Plan. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the zoning designation shown on Exhibit “AA” implements the existing General Plan Land Use Designation. That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that residential uses allowed by the proposed zone change are compatible with surrounding and future residential and agricultural uses. The Q-Overlay Zone, made part of the proposed zone change, provides the City with discretionary review over the placement of the residential units to assure that they will 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 and LCPA 00-04 and is subject to all conditions contained in Planning Commission Resolutions No. 4897 and 4899 for those other approvals. 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 wili bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. PC RESO NO. 4898 -2- 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 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 17th day of January 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, and Trigas NOES: ABSENT: Commissioner Nielsen ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: hmm~~ J. HOLZWLER Planning Director PC RESO NO. 4898 -3- 3a 1 2 3 4 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. 4899 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, AND ZONING MAP INTO CONFORMANCE WITH THE GENERAL PLAN, ON PROPERTY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: TABATA CASE NO: LCPA 00-04 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, Canterina, LLC, “Developer,” and “Owner,” has filed a verified application for an amendment to the Local Coastal Program designations regarding property described as The north half of the northwest quarter of the northwest quarter of the northeast quarter of Section 27, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “X,” attached to Planning Commission Resolution No. 4898, and made a part hereof, dated January 17, 2001, TABATA, LCPA 00-04, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 17th day of January 2001, hold a duly noticed public hearing as prescribed by law to consider said request; and 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony ’ and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: 4 That the foregoing recitations are true and correct. B) At the end of the State mandated six week review period, starting on October 26, 2000, and ending on December 7, 2000, staff shall present to the City Council a summary of the comments received. c> That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of TABATA - LCPA 00-04 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 project to 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. 3. That the project is conditioned to provide the payment of an agricultural conversion mitigation fee which will mitigate the loss of agricultural resources by preserving or enhancing other important coastal resources. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation and Monitoring and Reporting Program and ZC 00-04 and is subject to all conditions contained in Planning Commission Resolution No. 4897 and 4898 for those other approvals. . . . PC RESO NO. 4899 -2- 34 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 to the Planning Commission of the City of Carlsbad, held on the 17th day of January, 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, and Trigas NOES: ABSENT: Commissioner Nielsen ABSTAIN: JEFMN. SEGALL, CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HmZMI!l%ER Planning Director PC RESO NO. 4899 -3- 35 The City of Carlsbad Planning Department E)WlBl-f 5 A REPORT TO THE PLANNING COMMISSION Item No. 3 0 Application complete date: January 17,200l P.C. AGENDA OF: January 17,200l Project Planner: Van Lynch Project Engineer: Clyde Wickham SUBJECT: ZC OO-04/LCPA OO-04KT OO-13KDP 00-36 - TABATA - Request for a recommendation of approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, a Zone Change and Local Coastal Program Amendment to change the land use designations from Limited Control (L-C) to One-family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1-7,500 - Q) on a 5.0 acre property. This request includes a Tentative Tract Map to create 16 residential lots and a Coastal Development Permit on property generally located on the east side of Black Rail Road and south of future Poinsettia Lane in Local Facilities Management Zone 20. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4897, 4898 and 4899, RECOMMENDING APPROVAL of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change (ZC 00-04), Local Coastal Program Amendment (LCPA 00-04), and that the Planning Commission ADOPT Planning Commission Resolutions No. 4900 and 4901, APPROVING Tentative Tract Map (CT 00-13) and Coastal Development Permit (CDP 00-36), based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project is for the creation of a 16-unit single-family residential subdivision on a vacant parcel on the east side of Black Rail Road, south of future Poinsettia Lane and north of Aviara Parkway. The 16 single-family lots vary in size from 7,730 square feet to 12,250 square feet. The applicant is requesting approval to purchase 3.0 affordable housing credits in the Villa Loma housing project to satisfy the affordable housing requirements of the City’s Inclusionary Housing Ordinance. The project requires a zone change and Local Coastal Program Amendment to change the zoning and Local Coastal Program land use designation from L-C to R-1-7,500-Q. In addition, a Tentative Tract Map 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 OO-04/LCPA OO-04/CT OO-13KDP 00-36 - TABATA January 17,200l Pane 2 III. PROJECT DESCRIPTION AND BACKGROUND The 5.0 acre project site is located within the Zone 20 Specific Plan and Local Facilities Management Zone 20. It is bordered to the north by a recently approved residential subdivision (Hadley), to the east by Cabela Place (a graded portion of the access road to Planning Area 22 of Aviara Phase III), to the south by a vacant agricultural land, and Black Rail Road to the east. Topographically, a north-south trending ridge divides the site. The elevation difference from high point to low is 34 feet. The site has been disked and used for agricultural purposes. The property does not have any sensitive vegetation or steep slope constraints; all of the five-acre site is developable. The proposed Zone Change and Local Coastal Program designations are necessary to change the Limited Control (L-C) designation of the property to One-family Residential, 7,500 square foot lot size minimum, Qualified Development Overlay Zone (R-1-7,500 - Q) to implement the Residential Low-Medium (RLM) General Plan designation. As shown on Exhibits “A” through “F,” the 16 residential lots will all be greater than 7,500 square feet. Access to the project site is from proposed Street “A” via Black Rail Road and by a connection to Cabela Place from Carlsbad Tract 92-3, Planning Area 22 in Aviara Phase III. The lots will take access off two cul- de-sac streets which run north off of Street “A” which is a through street. This project will create a second through access way from Black Rail Road to Ambrosia Lane via Docena Road and Cabela Place. Grading of the site consists of a road cut to link Black Rail Road to Cabela Place. The ridge that runs north/south will be lowered and used as fill material in the northeast and western portions of the site. The maximum cut is about 12 feet on the southern end of the ridge (road cut). The largest fill is approximately 14 feet in the northeastern comer of the site. The pad elevations of the lots on the cul-de-sac (Street “B”) will be at the same elevation of the adjacent lots to the north on the Hadley Property. The lots of Street “C” will be between 15 to 23 feet higher than the lots to the north. Street “B” is approximately 10 feet lower than Street “C”. The project will have 38,400 cubic yards of cut, 15,700 cubic yards of fill, and an export of 22,700 cubic yards of material. At this point there are no building plans or elevations proposed for the subdivision. The Q- Overlay requires the approval of a Site Development Plan by the Planning Commission prior to building permit issuance. Iv. ANALYSIS The project is subject to the following plans, ordinances and standards: A. B. C. D. E. F. G. Residential Low-Medium Density (RLM) General Plan Land Use Designation; R-1-7,500, Qualified Development Overlay Zone (R-1-7,500-Q) Zone Regulation; Zone 20 Specific Plan (SP 203); Mello II Segment of the Local Coastal Program, the Coastal Agriculture Overlay Zone, and the Coastal Resource Protection Overlay Zone; Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); Inclusionary Housing Ordinance (Carlsbad Municipal Code Chapter 2 1.85); and Growth Management Regulations (Local Facilities Management Zone 20). 37 ZC OO-04/LCPA OO-04/CT 00-l 3/CDP 00-36 - TABATA January 17,200l Page 3 The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The General Plan designation for the project site is Residential Low-Medium (RLM). The surrounding properties in Zone 20 are General Plan designated RLM as shown on the attached Exhibit “X.” This designation allows single-family residential development at a range of O-4 dwelling units per acre (du/ac). The RLM range has a Growth Control Point of 3.2 du/ac. The density of the proposed single-family subdivision is 3.2 du/ac. The project complies with all elements of the General Plan as illustrated in Table A below: Table A - GENERAL PLAN COMPLIANCE ELEMENT Land Use Housing Public Safety Open Space & Conservation USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROPOSED USES & COMPLY? IMPROVEMENTS PROGRAM Site is designated for Single-family lots at Residential-Low- * Medium at 3.2 du/ac. Provision of affordable housing To require a minimum fire flow of water for fire protection Utilize Best Manage- ment Practices for control of storm water and to protect water aualitv Residential exterior noise standard of 60 CNEL and interior noise standard of 45 CNEL Require new development to construct roadway improvements needed to serve proposed development 3.2duIac. - The purchase of 3.0 affordable housing credits in Villa Loma The project includes two fire hydrants Project will conform to all NPDES requirements Yes Yes Yes Yes Noise Circulation Project is not impacted Yes by potential noise generating sources such as Poinsettia Ln. or Palomar Airport Project will provide Yes roadway improvements including Street “A’ and frontage improvements for Black Rail Road 38 ZC OO-04/LCPA OO-04/CT 00- 13KDP 00-36 - TABATA January 17,200l Pane 4 B. R-l-7,500-Q Regulation The project site, part of a County island annexed in 1987, is currently zoned Limited Control (L-C). The L-C zone designation is given to annexed properties and is an interim zone for areas where planning for future land uses has not been completed nor have plans of development formalized. Proposed as part of the project is a zone change from L-C to R-1-7,500-Q. This will result in the zoning for the site being consistent with the General Plan Land Use designations of RLM. The proposed zone is also compatible with the existing adjacent residentially zoned properties and probable future residential zones of the adjacent L-C zoned properties as shown on the attached Exhibit “X.” The proposed project meets or exceeds all applicable requirements of the R-1-7,500-Q Zone as demonstrated in Table B below. All lot sizes and lot widths meet or exceed the minimum requirements of the zone. All required setbacks, lot coverage, and building height for the zone will be determined by the Planning Department and Planning Commission during the review of the Site Development Plan required by the Qualified Development Overlay Zone (Q-Overlay), which is being included with the R-l zone. STANDARD Min. Lot Size Table B: R-l ZONE COMPLIANCE REQUIRED PROPOSED 7,500 sq. ft. 7,730 sq. ft.- 12,250 sq. ft. 1 Min. Lot Width 1 60 feet 1 69-feet C. Zone 20 Specific Plan (SP 203) The project is within an area subject to the Zone 20 Specific Plan. The Zone 20 Specific Plan provides a framework for the development of the vacant properties within Zone 20 to ensure the logical and efficient provision of public facilities and community amenities for the future residents of Zone 20. The project complies with the following requirements of the Specific Plan as demonstrated in Table C below. Table C STANDARD Required Zoning Local Coastal Plan Grading Requirements LCP Agricultural Conversion Dedications ZONE 20 SPECIFIC PLAN REQUIREMENTS REOUIRED 1 PROPOSED R-l Grading prohibited between R-l -7,500-Q Grading limitation included as Oct. 1 and April 1 CDP condition Three conversion options Payment of Agricultural permitted Conversion Mitigation Fee All required land or easements Street right-of-way and shall be dedicated to the City easement dedications proposed 35 ZC OO-04/LCPA OO-04/CT OO-13XDP 00-36 - TABATA January 17,200l Trail System Affordable Housing Construct required trails Project does not contain any identified on the citywide plan trail segments 15% of the units must be Project will purchase 3.0 provided as affordable units affordable housing credits in Villa Loma D. Local Coastal Program The project site is located within Site III of the Mello II Segment of the Local Coastal Program. Development of the project site is also subject to, and consistent with, the requirements of the Coastal Agriculture Overlay Zone and the Coastal Resource Protection Overlay Zone. Approval of a Coastal Development Permit is required for the project. One of the primary requirements of the applicable coastal regulations pertains to the conversion of agricultural land to urban use. The project has been conditioned to ensure the payment of an agricultural conversion mitigation fee, which will mitigate the loss of agricultural resources by preserving or enhancing other important coastal resources. The grading restrictions that apply in the coastal zone are proposed as conditions of the Coastal Development Permit. The project site does not have any sensitive coastal resources in the form of slopes over 25% or native vegetation. The Local Coastal Program Amendment (LCPA) is required to implement the proposed zone change from L-C to R-1-7,500-Q. The LCPA will result in the zoning and coastal land use designations for the site to be consistent. No comments were received during the required six- week LCPA public notice. E. Subdivision Ordinance The Engineering Department has reviewed the proposed project and has concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance. All major subdivision design criteria have been complied with including the minimum lot depth of 90 feet, provision of public access, required street frontage, and minimum lot area. The project is consistent with and satisfies all requirements of the General Plan and Title 21. It is also compatible with surrounding land uses. The proposed R-1-7,500-Q Zone requires a minimum 7,500 square foot lot size. Each of the proposed lots exceeds the minimum requirement. The grading for the project requires an export of 22,700 cubic yards of material. If the project site were graded without export, an excessive amount and height of retaining walls would be required to create building pads. 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. 40 ZC OO-04/LCPA OO-04/CT 00-l 3/CDP 00-36 - TABATA January 17,200l F. Inclusionary Housing Ordinance The City’s Inclusionary Housing Ordinance (Chapter 21.85) requires that a minimum of 15% of all approved units in any qualified residential subdivision be made affordable to lower income households. The inclusionary housing requirement for this project would be 3.0 dwelling units. The applicant is requesting to purchase 3.0 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. G. Growth Management The proposed project is located within Local Facilities Management Zone 20 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table E below. Table E: GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire IMPACTS 55.6 sq. ft. 29.7 sq. ft. 16 EDU .ll acre Basin D 160 ADT Station No. 4 COMPLIANCE Yes Yes Yes Yes Yes Yes Yes Open Space Schools 0 acres Carlsbad Unified 5 elementary students 2 junior high students 3 high school students n/a Yes Sewer Collection System Water 16 EDU 3520 GPD Yes Yes The proposed project is at the Growth Management dwelling unit allowance (3.2 units per acre). V. ENVIRONMENTAL REVIEW The initial study (EIA-Part II) prepared in conjunction with this project determined that some of the environmental effects that 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 from hazards associated with potential agricultural chemical use and paleontological resources. The environmental documents for the project were sent to the State Clearinghouse for circulation. Mitigation measures are also proposed for the other significant adverse effects and are also listed in the EIA-Part II. ZC OO-04/LCPA OO-04/CT 00- 13KDP 00-36 - TABATA January 17,200l The project is within the scope of the City’s Master Environmental Impact Report, which was utilized to address the project’s cumulative air quality and circulation impacts. MEIR’s may not be used to review projects if it was certified more than five years prior to the filing of an application for a later project except under certain circumstances. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than five years ago, the City’s preliminary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. The only potential changed circumstance, the intersection failure at Palomar Airport Rd. and El Camino Real, is in the process of being mitigated to below a level of significance. Additionally, there is no new available information, which was not known and could not have been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. All feasible mitigation measures identified by the MEIR which are appropriate to this project have been incorporated into the project. Please see the Environmental Assessment Form-Part II for a detailed description of the mitigation measures and the expanded justification for the recommendation to approve the Mitigated Negative Declaration. In consideration of the foregoing, on November 27, 2000, 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. 4897 (Mit. Neg. Dec.) Planning Commission Resolution No. 4898 (ZC) Planning Commission Resolution No. 4899 (LCPA) Planning Commission Resolution No. 4900 (CT) Planning Commission Resolution No. 4901 (CDP) Location Map Access location exhibit Exhibit AA - land use and zoning consistency Background Data Sheet Local Facilities Impact Assessment Form Disclosure Statement Reduced Exhibit Full Size Exhibits “A” - “F,” dated January 17,200l VL:cs:mh i x EXHJBIT “AA” 7 L-c I L-c I I AVlAiW I I I 7 I l PROPOSED CHANGE TO R-l-Q ALL LABELED PROPERTIES HAVE LOW-MEDIUM DENSITY (RLM) GENERAL PLAN DESIGNATION TABATA PROPERTY zc 00-04 BACKGROUND DATA SHEET CASE NO: ZC OO-04/LCPA OO-04/CT 00- 13KDP 00-36 CASE NAME: TABATA APPLICANT: Brehm Companies REQUEST AND LOCATION: A 16 lot subdivision on the east side of Black Rail Road, south of Poinsettia Lane and North of Aviara Parkway. LEGAL DESCRIPTION: The north half of the northwest quarter of the northwest quarter of the northeast quarter of Section 27, Township 12 south, Range 4 west, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of California, according to the official plat APN: 215-040-04-00 Acres: 5.0 Proposed No. of Lots/Units: 16 GENERAL PLAN AND ZONING Land Use Designation: Residential Low-Medium (RLM) Density Allowed: 3.2 Density Proposed: 3.2 Existing Zone: Limited Control (L-C) Proposed Zone: R-l -7,500-Q Surrounding Zoning, General Plan and Land Use: Zoning Site L-C North R-1-7,500-Q South L-C East P-C (Aviara MP) West L-C General Plan Current Land Use RLM Vacant RLM Graded for SFD RLM Ag RLM Graded for SFD RLM Vacant PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 16 ENVIRONMENTAL IMPACT ASSESSMENT w Mitigated Negative Declaration, issued November 27,200O u 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: TABATA - ZC 00-04/ LCPA 00-04/ CT 00-13/ CDP 00-36 ~ LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RLM ZONING: Limited Control DEVELOPER’S NAME: Brehm Comunities ADDRESS: 5770 Oberlinm Drive, San Diego CA 92121 PHONE NO.: 858-404-9721 ASSESSOR’S PARCEL NO.: 215-040-04-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 5.0 ac ESTIMATED COMPLETION DATE: unknown A. B. C. D. E. F. G. H. I. 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: Served by Fire Station No. = Open Space: Acreage Provided = Schools: HS=5,JHS=2,ES=3 Sewer: Demands in EDU Water: Demand in GPD = 55.6 29.7 16 edu .11 D 160 Carlsbad 16 3520 The project is at the Growth Management Dwelling unit allowance (3.2 DUPA). City of Carlsbad I DISCLOSURE STATEMENT Applicantrs statement or disclosure of certain ownership interests on all applications \vhich will require discretionan, action on the part of the Cip Council or any appointed Board. Commission or Comminec. / The following information MUST be disclosed at the time of application submittal. J’our pro.iect cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, fum, co-parlnership, joint venture. association. social club. fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county. tit!, municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. I. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a corDoration or DartnershiD, include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation. include the names. titles, and addresses of the corporate officers. (A separate page ma\. be attached if necessary.) Person Title Address Corp/Parl Canterina, LLC Title NA Address 5770 Oberlin Drive San Diego, CA 92121 3 *. OWNER (Not the owner’s agent) Provide the COMPLETE, LEGAL names and addresses of & persons having any ownership interest in the property involved. ,Also, provide the nature of the legal ownership (i.e. partnership. tenants in common, non-profit. corporation. etc.). If the ownership includes a corporation or partnership, include the names, title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation. include the names, titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person NA Carp/Part SEE ATTACHMENT Title Title Address Address 2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 - (760) 438-11610 FAX (760) 438-0894 3. NON-PROFIT 0. MVIZATION OR TRUST If an!, person identified pursuant to (1) or (2) above is a nonnrofit oreanization or a trust. 1151 IilL‘ names and addresses of ANI person senin f as an offker or director of‘ the non-protir organization or as trustee or beneficiap of the. Non Profit/Trust NA Non Profit/Trust NA Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of Cit!. staff. Boards. Commissions. Committees and/or Council within the past twelve (12) months? 0 Yes No If yes. please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowled_ge. Jack H. Young, Sr. Vice President Jack H. Young, Sr. Vice President -- Print or type name of owner _ j.++‘L L! 2;) Print or type name of applicant 1/1)L.< A’, ,‘I Sro4d k. /%&Q&-r ELM Print or type name of ownen .* : / ; , :,,I ,. L’ -I ,L-../. H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 4a - - CANTERINA, LLC OWNERSHIP attachment to City of Carlsbad Disclosure Statement December 14.2000 MEMBER THE BREHM COMPANIES. LLC 5770 Oberlin Drive San Diego, CA 92121-1723 LUMBERMEN’S INVESTMENT CORPORATION 301 Congress Avenue. 1 Sh Floor Austin. Texas 78701 PERCENTAGE INTEREST 50% 50% INDIVIDUALS OWNING 10% OR GREATER INTEREST IN CANTERINA. LLC: Forrest W. Brehm Chairman; The Brehm Companies, LLC 5770 Oberlin Drive San Diego, CA 92121 PLANNING COMMISSION January 17,200l Page 20 EXHIBIT 6 4. ZC OO-04/LCPA OO-04/CT OO-IYCDP 00-36 - TABATA - Request for a recommendation of approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, a Zone Change and Local Coastal Program Amendment to change the land use designations from Limited Control (L-C) to One-family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1--7,500 - Q) on a 5.0 acre property. This request includes a Tentative Tract Map to create 16 residential lots and a Coastal Development Permit on property generally located on the east side of Black Rail Road and south of future Poinsettia Lane in Local Facilities Management Zone 20. Chairperson Segall opened the Public Hearing. Chairperson Segall advised the applicant that there were only six Commissioners present and asked of the applicant wished to proceed with the hearing or wished to have the item continued to the next meeting, when it is likely that all seven Commissioners will be present. Representing the applicant, the Brehm Companies, Mr. Mike Howes stated that the applicant wished to proceed with the hearing at this time. Project Planner, Van Lynch, assisted by Project Engineer, Clyde Wickham, presented the staff report as follows: The Tabata project is located in Local Facilities Management Zone 20. The site is located on the east side of Black Rail Road, south of Poinsettia Lane and north of Aviara Parkway. The site has been used for agricultural purposes for many years and does not have any sensitive habitat or steep slope constraints. The site is designated as low to medium density, with allows a range of O-4 units per acre with the Growth Control Point of 3.2. The proposed project falls at 3.2 units per acre. The project proposes a zone change from the existing LC (the limited control designation was given to this property prior to annexation) to R-l- 7,500-Q residential single-family with a minimum lot size of 7,500 square feet, and with a Q overlay. The project meets the requirement of the R-1-7,500 zone by meeting the lot size minimums with lot widths exceeding 60 feet. The Zone 20 Specific Plan requires projects to conform to the General Plan as well as conforming to the Local Coastal Program. The project is on agricultural land and to mitigate the impacts to agricultural lands, there is an agriculture conversion fee that was conditioned to be paid by the project. The Local Coastal Program Amendment is also being processed to bring it into conformance with the Coastal Plan which is the same as the zoning change. The project complies with the Subdivision Design Ordinance which requires public access, minimum lot depths of at least 90 feet, lot frontages on public streets. The project is also required to do various dedications for public roads including curbs, sidewalks, gutters, sewers, drainage, hydrants, and street lights. The inclusionary housing requirement for the project is three units (15% of the project) and that is being proposed to be met at the Villa Loma Housing Project. The project will be buying credits at that facility which has been approved by the Housing Committee. The project complies with Growth Management requirements, again being 3.2 units per acre, and complies with all the other Growth Management Standards for the city. Staff is recommending approval of a Mitigated Negative Declaration for the project. The project has mitigation measures for future adjacent future residential development to notify them of any agricultural impacts. This development may be impacted by adjacent agricultural operations which would adjacent to the south. Another mitigation measure if for notice of aircraft over-flight and paleontological resources (there is a potential for paleontological resources on the property. The initial Phase I soils assessment did not identify that there is any significant amounts of pesticide residue on the property. There were some residues but they were not at a reportable threshold so they were determined to be not significant and no mitigation measures are required. Staff recommends that the Planning Commission adopt the resolutions recommending approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, the Zone Change and Local Coastal Program Amendment, and adopt the resolutions approving the Tentative Tract Map and the Coastal Development Permit for the project. Commissioner Compas asked why Docena Road no longer goes through to Black Rail Road. Project Engineer, Clyde Wickham responded to the inquiry by stating that Docena was, at one time, a stub left from the Aviara Master Plan Community. He went on the explain that the project is trying to second 50 PLANNING COMMISSION January 17,200l Page 21 guess how other developers might want to develop. He added that the stub portion of Docena has been conditioned to be vacated. Commissioner Baker asked if the area of the stub will be a cul-de-sac or dead-end. Mr. Wickham pointed out that the road will turn down Cabela to Street A and then to Black Rail Road which is more circuitous. Chairperson Segall referred to a former plan to have curved streets and asked Mr. Lynch to explain why that plan has been abandoned. Mr. Lynch stated that the Zone 20 Specific Plan called for a connection point on Black Rail Road at a specific location and it was left to the planners and engineers to find a way to make that connection. He then pointed out that they determined that by straightening the roads it would result in more efficient use of the land. In addition, the roads follow the property lines and thus fulfills the roadway requirements. Mike Howes, Hofman Planning Associates, 5900 Pasteur Court, Suite 150, Carlsbad, representing the applicant, the Brehm Companies, stated the following: This is a relatively simple project and that they are requesting the Commission’s support for four discretionary permits to allow for the development of sixteen lots, standard R-l Subdivision, served by public streets. This project is similar in nature to many of the adjacent projects that have been approved in this part of Carlsbad; some that are finished and some that are currently under construction. Floor plans and elevations for the sixteen lots are in the process of development and they will be back before the Commission, in the near future, with a Site Development Plan for the Planning Commission comment. Commissioner Compas asked if Mr. Howes has any idea of the square footage of the houses that will be built there and the prices. Mr. Howes stated that he has no idea about either, at this time, except to say that it will not be low income housing. Commissioner Baker asked if Brehm is also developing the property to the east of this project. Mr. Howes replied that they are, and it is called Cabela Place. Commissioner Baker then asked if both projects will be developed at the same time. Mr. Howes replied that they will be developed simultaneously and with the same product type. Chairperson Segall opened Public Testimony. Seeing no one wishing to testify, Chairperson Segall closed Public Testimony. MOTION: ACTION: Motion by Commissioner Trigas, and duly seconded, to adopt Planning Commission Resolutions No. 4897, 4898 and 4899, recommending approval of Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change (ZC 00-04) Local Coastal Program Amendment (LCPA 00-04), and that the Planning Commission adopt Planning Commission Resolutions No. 4900 and 4901, approving Tentative Tract Map (CT 00-l 3) and Coastal Development Permit (CDP 00-36) based upon the findings and subject to the conditions contained therein. DISCUSSION: VOTE: 6-O-O PLANNING COMMISSION January 17,200l Page 22 AYES: NOES: ABSTAIN: ABSENT: None Segall, Trigas, Baker, Heineman, L’Heureux, Compas None Nielsen (form A) TO: CITY CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST .- Attached are the materials necessary for you to notice ZC OO-04/LCPA 00-04 - Tabata Property for a public hearing before the City Council. Please notice the item for the council meeting of First Available Hearing . Thank you. Assistant City Man*- January 25, 2001 Oate z _ . ..,. . :.:, ..,. .:.. *- . . . . . _ . . . _,^) ,\ -_, .:,-; . . . . . . _...., i .“. , ..-‘. : SCY 1^ 1SYlA Ci’-‘;,;.Sd 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, February 20, 2001 to request approval of a Mitigated Negative Declaration, Mitigated Monitoring and Reporting Program, Zone Change and Local Coastal Program Amendment to change the land use designation from Limited Control (L-C) to One-family Residential, 7,500 square feet minimum lot size, Qualified Development Overlay Zone (R-l -7,500-Q) on a 5.0 acre property generally located on the east side of Black Rail Road and south of future Poinsettia Lane in Local Facilities Management Zone 20 and more particularly described as: The north half of the northwest quarter of the northwest quarter of the northeast quarter of Section 27, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof. 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 February 16, 2001. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. The time within which you may judicially challenge this Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change and Local Coastal Program Amendment, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 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 at or prior to the public hearing. CASE FILE: ZC OO-041LCPA 00-04 CASE NAME: TABATA PROPERTY PUBLISH: SUNDAY, FEBRUARY II,2001 CITY OF CARLSBAD CITY COUNCIL SITE TABATA PROPERTY ZC 00=04/LCPA 00-04 - PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and San Diego County; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: FEbruary 11, 2001 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at San Marcos , California this 12th day of February, 2001 Signat&& 7 This space is for the County Clerk’s Filing Stamp Al3 1&x33 _. :. . .- I&; ii; 1:’ 11 ___ 1_-- . ..-- ! ,. g EeeJ-‘:’ : 4.! ! egg 1 5 xml j : !’ ‘- (- .-....- . _ (‘:,, :’ Z” ) -~ -,-= ;) ,‘ti _;“;;gL; ;;li-j < i -’ +.--I . ..+-..-.._ *_ T F., ,, Proof of Publication of Notice of Public Hearing HOTRCE OF PUBLRC HEARlIMB may be aff--‘-’ *’ NO-E IS HEREBY GIVEN to you, because your interes enea, mat the City Coun_cll of the-City of CarIs@ _LI.. . .-. Carlsbad Village will hold a PUOIIC nearing at the Council Chambers 12uc Drive, Carlsbad,.Cal&+, aJ $00 p.m. on Tuesday, Fibrual), 20, 2001 to req.---’ Monitoring an A luesx approval or a Mitigated Negative Declara Ia Reportmg Program, Zone Change and Loca dion, Mitigated Amendment to cnange tnc n--s. ..-_ .a-~- --.- -. . . .- S.C-oastal Program One-family Aesiden”-’ I WlU USU IJIMgKWI m?I LmltB(I II~I, 7,500 square feet minimum lot ‘3 Y._- ,.. A - -a.- ^. Develo ment Overlay Lone tn-~,x~U-u on a 5.0 acre pro !o~a~__,o~~~.eas!.slde of Black RailJ!oa and south of future et d $ rty general,! in LUG-! tacuI[ies Management Lone 20 and more particularlv d oinsettia Lane _ escribed as: The north half of the northwest quarter of the northwest quarter of the northeast quarter of.Sectron 27, Township 12 south, Range 4 west San Bernardino MerYan, In the City of Carlsbad, County of San Diego, &te of California, nccordlng to the official plat thereof. rhose the pu 1. ersons wishing to speak on this proposal are cordially invited to attend Ire hearing. Copies of the staff report will be available on and after Yanning Department at (760) 602&13. ‘ebruary 16, 2001. If you have an questions, please call Van Lynch in the The time within Fh)ch.you may judicially challenge this Mitigated leclaratlon and Mmgatlon Momtoring and Reportin Neaative Ind Local Coastal Program Amendment, if approved, s esti r Pro$ray, &ne ” ind/or cijy qrdinance, and is very short. If you challenge th )eclar+lon and Mitigation Monitoring and tieporting Program, Zone Change and Local Coastal Program Amendwent in court, you may be limited to raising onbthdse issues YOU or someone Cliange aousnea oy state law e Mitioated Neaative ?lse raisep at the public hearing described in-this ;ptice or in wrltten correspondence delivered to the &y of Carlsbad at or prior to the public hearing. I :ASE FILE: ZC OO-04/LCPA 00-04 I :ASE NAME: TABATA PROPERTY X-Y OF CARLSBAD CITY COUNCIL .egal69241. February 11,2001 g;r TA~ATA PRopEm ZC ‘XJ-OWLCPA 00-W NORTH COUNTY TIMES Legal Advertising LABELS - 5163 LCPA MAILING LIST (GOVERNMENT AGENCIES) SANDAG (SAN DIEGO COUNTY) WELLS FARGO PLAZA SUITE 800 APPENDIX A (LIST IS REQUIRED BY COASTAL 401 B ST COMMISSION) SAN DIEGO CA 92 101 DEPARTMENT OF JUSTICE DEPUTY ATTORNEY GENERAL ROOM 700 1lOWESTAST SANDIEGO CA 92101 OFFICE OF PLANNING AND RESEARCH OFFICE OF LOCAL GOVERNMENT AFFAIRS PO BOX 3044 SACRAMENTO CA 958 12-3044 DEPARTMENT OF FOOD AND AGRICULTURE STEVE SHAFFER, AGRICULTURE RESOURCES ROOM 100 1220 N ST SACRAMENTO CA 95814 BUSINESS, TRANSPORTATION & HSG AGENCY DEPARTMENT OF TRANSPORTATION PATRICIA W NEAL ROOM 5504 DEPUTY SECRETARY FOR HOUSING 1120N ST SUITE 2450 SACRAMENTO CA 95814 980 NINTH ST SACRAMENTO CA 958 14 DISTRICT 11 CALTRANS BILL FIGGE, TRANSPORTATION PLANNING MAIL STATION 65 2829 JUAN ST SAN DIEGO CA 92 110 RESOURCES AGENCY RM 1311 1416 NINTH ST SACRAMENTO CA 95812 City Clerk 1 .Ibl CARLSBAD UNIF SCHOOL DIST CITY OF ENCINITAS 801 PINE AVE 505 S VULCAN AVE CARLSBAD CA 92008 ENCINITAS CA 92024 CITY OF OCEANSIDE CITY OF VISTA 300 NORTH COAST HWY PO BOX 1988 OCEANSIDE CA 92054 VISTA CA 92085 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 REGIONAL WATER QUALITY SD COUNT.??NING STE B STE B 9771 CLAIREMONT MESA BLVD 5201 RUFFIN RD SAN DIEGO CA 92124-1331 SAN DIEGO CA 92123 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CALIF DEPT OF FISH & GAME STE 50 - 330 GOLDENSHORE LONG BEACH CA 90802 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 U.S. FISH & WILDLIFE CA COASTAL COMMISSION 2730 LOKER AVE WEST STE 103 CARLSBAD CA 92008 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SERVICES CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT CITY OF CARLSBAD MUNICIPAL WATER DISTRICT CITY OF CARLSBAD PROJECT PLANNER VAN LYNCH 1/25/2001 MUROYA YUJIRO T & A YAMAMOTO CHARITABLE R BUERGER PO BOX 131016 1201 VIA LA JOLLA PO BOX 3033 CARLSBAD CA 92013-1016 SAN CLEMENTE 92672-2344 CARLSBAD CA 92009-0033 CANTERINA LLC BREHM-AVIARA GROUP LLC BREHM-AVIARA III DEVELO 401 B ST 1700 5770 OBERLIN DR 2835 CAMINO DEL RIO S 2 SAN DIEGO CA 92101 SAN DIEGO CA 92121 SAN DIEGO CA 92108-3825 *** 12 Printed *** Smooth Feed SheetsTw Use :empki;e f3: 5 ., _ H:\ADMINiLABELS\LCP INTERESTED PARTIES OLIVENHAIN M.W.D. 1966 OLIVENHAIN ROAD ENCINITAS CA 92024 CRAIG ADAMS SIERRA CLUB SAN DIEGO CHAPTER 3820 RAY SAN DIEGO CA 92101 LESLIE ESPOSITO 1893 AMELFI DRIVE ENCINITAS CA 92024 LANIKAI LANE PARK SHARP; SPACE 3 6550 PONTO DRIVE CARLSBAD CA 92008 KIM SEIBLY SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 PERRY A LAMB 890 MERE POINT ROAD BRUNSWICK MAINE 04011 RICHARD RETECKI COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DALE/DONNA SCHREIBER 7163 ARGONAURA WAY CARLSBAD CA 92009 CITY OF ENCINITAS COM DEV DEPARTMENT 505 S VULCAN AVE ENCINITAS CA 92024 TABATA FARMS PO BOX 1338 CARLSBAD CA 92018 REGIONAL WATER QUAL. BD EXECUTIVE OFFICER SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124 KENNETH E SULZER SANDAG - EXEC DIRECTOR IST INT’L PLAZA, SUITE 800 401 B STREET SAN DIEGO CA 92101 GUY MOORE JR 6503 EL CAMINO REAL CARLSBAD CA 92009 JAN SOBEL CHAMBER OF COMMERCE PO BOX 1605 CARLSBAD CA 92008 CYRIL AND MARY GIBSON BILL MCLEAN 12142 ARGYLE DRIVE c/o LAKESHORE GARDENS LOS ALAMITOS CA 90702 7201 AVENIDA ENCINAS CARLSBAD CA 92009 JOHN LAMB 1446 DEVLIN DRIVE LOS ANGELES CA 90069 SPIERS ENTERPRISES DWIGHT SPIERS SUITE 139 23 CORPORATE PLAZA NEWPORT BEACH CA 92660 MARY GRIGGS SUPERVISOR BILL HORN STATE LANDS COMMISSSION ATTN: ART DANELL SUITE 100 SOUTH COUNTY OF SD, ROOM 335 100 HOWE AVE 1600 PACIFIC HIGHWAY SACRAMENTO CA 95825-8202 SAN DIEGO CA 92101 SAN DIEGO COUNTY LEE ANDERSON PLANNING & LAND USE DEPT CRA PRESIDENT JOAN VOKAC - SUITE B-5 5200 EL CAMINO REAL 5201 RUFFIN ROAD CARLSBAD CA 92008 SAN DIEGO CA 92123 ANTHONY BONS FLOYD ASHBY 25709 HILLCREST AVE 416 LA COSTA AVE ESCONDIDO CA 92026 ENCINITAS CA 92024 COPIES TO: + CITY CLERK + MAIN LIBRARY + BRANCH LIBRARY + WATER DISTRICT U.S. FISH & WILDLIFE SERVICES 2730 LOKER AVE WEST CARLSBAD CA 92008 GEORGE BOLTON 6583 BLACKRAIL ROAD CARLSBAD CA 92009 AVERY@ Address Labels Laser 5160@ U. S. BUREAU OF LAND MANAGEMENT SUITE RM W 1834 2800 COTTAGE WAY SACRAMENTO CA 95825 U. S. BUREAU OF RECLAMATION LOWER COLORADO REGION PO BOX 427 BOULDER CITY CO 89005 SUPERINTENDENT CHANNEL ISLANDS NATIONAL PARK 1901 SPINNAKER DR 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 ST SAN FRANCISCO CA 94103 DEPARTMENT OF HOUSING AND URBAN DEVE DUNCAN LENT HOWARD, REGIONAL ADMIN 450 GOLDEN GATE AVE SAN FRANCISCO CA 94 102 U. S. BUREAU OF RECLAMATION MID-PACIFIC REGION 2800 COTTAGE WAY SACRAMENTO CA 95825 DOUGLAS WARNOCK, SUPERINTENDENT REDWOOD NATIONAL PARK DRAWER N 1111 2ND ST CRESCENT CITY CA 95531 CALIFORNIA COASTAL COMMISSION SUITE 103 7575 METROPOLITAN DR SAN DIEGO CA 92 108-4402 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 ST 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 LILY ALYEA - SUITE 702 333 MARKET ST SAN FRANCISCO CA 94105-2197 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 LOS ANGELES DISTRICT ENGINEER PO BOX 2711 LOS ANGELES CA 90053 DEPARTMENT OF DEFENSE COMMANDANT, ELEVENTH NAVAL DISTRICT DISTRICT CIVIL ENGINEER SAN DIEGO CA 92 132 U. S. FISH AND WILDLIFE SERVICE SUITE W-2605 2800 COTTAGE WAY SACRAMENTO CA 95825-l 888 ENERGY RESOURCES, CONSERVATION AND DEVELOPMENT COMMISSION CHUCK NAJARIAN 1516 NINTH ST SACRAMENTO CA 95814 COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DEPARTMENT OF FISH AND GAME ENVIRONMENTAL SERVICES DIVISION P 0 BOX 944246 SACRAMENTO CA 94244-2460 MARINE RESOURCES REGION, DR & G DEPARTMENT OF FORESTRY ENVIRONMENTAL SERVICES SUPERVISOR DOUG WICKIZER, ENVIROMENTAL COORD 350 GOLDEN SHORE P 0 BOX 944246 LONG BEACH CA 90802 SACRAMENTO CA 94244-2460 SOUTHERN REGION JOHN WALSTROM, TECHNICAL SERVICES 8885 RIO SAN DIEGO DR SAND DIEGO CA 92108 STATE LANDS COMMISSION DWIGHT SANDERS SUITE 1005 100 HOWE AVE SACRAMENTO CA 95825-8202 SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION BILL TRAVIS SUITE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 9411 l-4704 WATER RESOURCES CONTROL BOARD PO BOX 100 SACARAMENTO CA 95801 r.: I’ m . City of NOTICE OF PUBLIC HEARING COMPLETE DATE: January 17,200l DESCRIPTION: Request for a recommendation of approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, a Zone Change and Local Coastal Program Amendment to change the land use designations from Limited Control (L-C) to One-family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1-7,500 - Q) on a 5.0 acre property. This request includes a Tentative Tract Map to create 16 residential lots and a Coastal Development Permit. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located on the east side of Black Rail Road and south of future Poinsettia Lane in Local Facilities Management Zone 20. ASSESSOR’S PARCEL NUMBER: 2 15-040-04 APPLICANT: The Brehm Co. 5770 Oberlin Drive San Diego, CA 92121 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 17, 2001 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 January 11, 2001. 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 500 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602- 4613. . . . . . . . . . . . . . . . 1635 Faraday Avenue l Carlsbad, CA 92008-7314 l (760) 602-4600 l FAX (760) 602-8559 l ww.ci.carlsbad.ca.us SITE TABATA PROPERTY ZC 00=04/LCPA 00904/ CT 00=13/GDP 00-36 YUJIRO T & A YAMAMOTO 1201 VIA LA JOLLA CARLSBAD CA 92013-1016 SAN CLEMENTE 92672-2344 CANTERINA LLC BREHM-AVIAFW GROUP LLC 401 B ST 1700 5770 OBERLIN DR SAN DIEGO CA 92101 SAN DIEGO CA 92121 BREHM-AVIARA G 5770 OBER/'- BREHM-AVIARA 5770 OBERLIN III DEVELO DR 92121-1723 S-YCA RYLAND HOMES 92121 SAN DIEGO CA c /' 9FdALIFOR GUY S MOORE 15373 INN9sWION DR 300 6602 BLACK RAIL RD SAND- CA 92128-3426 CARLSBAD CA 92009-2603 l-T *** 12 Printed *** I / ,r- ’ //” ? ; 3’ CHARITABLE R BUERZ-ZZ PO BOX 3233 CARLSBAD CA 92039-?C35 BREHM-AVIARA- III DEVELO 2835 CAMINO DEL RIO S 2 SAN DIEGO CA 92108-3825 RYLAND HOMES OF CALIFOR 15373 INNOVATION DR 300 SAN DIEGO CA 92128-3426 BREHM-AVIARA III L-SEZ? 2835 CAMIN- SAN DIE00-CA 92108-3825 _.* -.-- CA COASTAL COMMISSION SUITE 103 7575 METROPOLITAN DRIVE SAN DIEGO CA 92108-4402 A notice has been mailed to all property owners/occupants Signal&: Tl!. CURRENT RESIDENT 6521 EL CAMINO REAL CARLSBAD CA 92009-2804 *** 1 Printed *** . T W SMITH ESQ SUITE 200 2170 EL CAMINO REAL OCEANSIDE CA 92054 CLERK NO COUNTY SUPERIOR COURT CASE NO N69883 325 SO MELROSE DR VISTA CA 92083 GUY MOORE JR 6503 EL CAMINO REAL CARLSBAD CA 92009 NED GOOD #600 70 S LAKE AVE PASADENA CA 91101-2601 PUBLIC NOTICE TO INTERESTED PARTIES: v--s-.-. r_.l Please be advised that the City of Carlsbad is considering text amendments to its Local Coastal Program (LCP) as summarized below. This amendment is being proposed by Brehm-Aviara III Development Association L.P. and is currently under review. This notice hereby opens a six- week review period after which the Planning Commission and City Council will consider all comments and act on the proposed amendment. The Planning Commission hearing is expected to take place in early 2001, and will be duly noticed. The City Council hearing is expected to take place within 30 days of the Planning Commission hearing, and will be duly noticed. Copies of the LCP amendment are available for review at the following locations: (1) Carlsbad Planning Department, 1635 Faraday Avenue; (2) City Clerk’s Office, 1200 Carlsbad Village Drive; (3) Carlsbad Main Library, 1775 Dove Lane; (4) Georgina Cole Library, 1250 Carlsbad Village Drive; and (5) the California Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, CA 92 108-4402 PROPOSED LCP AMENDMENT SUMMARY LCPA 00-04 - TABATA PROPERTY The City’s Zoning Ordinance is the implementing ordinance for the City’s Local Coastal Program. Accordingly, this Local Coastal Program Amendment is necessary to ensure consistency between its proposed amended Zoning Ordinance and its Local Coastal Program. This specific Zone Code Amendment is as follows: To change the current LCP land use designation from Limited Control (L-C) to Residential, Single-Family Residential, 7,500 square foot lot size minimum, Qualified Development Overlay Zone on property located on the east side of Black Rail Road, south of Poinsettia lane and north of Aviara Parkway in Local Facilities Management Zone 20. The property is also identified as San Diego Tax Assessor’s Parcel Number 2 15-040-04-00. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. Written comments should be sent to the City of Carlsbad Planning Department at 1635 Faraday Avenue, Carlsbad, California 92008. PUBLISH DATE: OCTOBER 26,200O PUBLISH DATE FOR NORTH COUNTY TIMES: OCTOBER 26,200O PUBLISH DATE FOR COAST NEWS: OCTOBER 26,200O 1635 Faraday Avenue l Carlsbad, CA 92008-7314 l (760) 602-4600 l FAX (760) 802-8559 l www.ci.carlsbad.ca.us @