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 @