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HomeMy WebLinkAbout2002-01-15; City Council; 16507; CALAVERA HILLS PHASE II/B&TD #4 AND DETENTION BASINS BJ AND BJB - EIR 98-02|GPA 99-03|MP 150H|LFMP 87-07A|ZC 01-01|CT 00-02|HDP 00-02CITY OF CARLSBAD -AGENDA BILL AB# ~LI~O-) TITLE: CALAVERA HILLS PHASE IIIBBTD #4 AND DETENTION EIR 98-02/GPA 99-03/MP 150(H)/LFMP 87-07(A)l BASINS BJ AND BJB MTG. 1-15-oa DEPT. PLN ZC Ol-OIICT 00-02/HDP 00-02 I RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2Ood- 0/6 , CERTIFYING EIR 98-02, and APPROVING the Candidate Findings of Fact, Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program, GPA 99-03/MP 150(H)/LFMP 87-07(A)/ZC 01-011CT 00-OZHDP 00-02 as recommended for approval by the Planning Commission; and INTRODUCE Ordinances No. NS - blb and hl S-bI7 , APPROVING MP 150(H) and ZC 01-01. ITEM EXPLANATION: On December 19. 2001, and January 2,2002, the Planning Commission conducted a public hearing on the Calavera Hills Phase II and Bridge and Thoroughfare District #4 (B&TD) projects and flood control improvements to Calavera Creek. The Planning Commission by a vote of 6-0 (Baker absent) recommended partial certification of the Program Environmental Impact Report (EIR) and approval of the Candidate Findings of Fact, Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program; General Plan Amendment; Calavera Hills Master Plan Amendment; Local Facilities Management Plan for Zone 7; Master Tentative Tract Map and Hillside Development Permit. The project site is located in the northeastern quadrant of the City within Local Facilities Management Zone 7. The EIR addressed the buildout of the Calavera Hills Master Plan as well as the improvements covered by the proposed Bridge and Thoroughfare District #4 and flood control improvements to the Calavera Creek. The balance of the actions being requested (i.e., GPA 99-03/MP150(H)/LFMP 87- 07(A)/ZC 01-01/CT 00-02/HDP 00-02) are necessary for the development and buildout of the Calavera Hills Master Plan, including mass grading. No dwelling units are proposed with any of the subject entitlements; the Village-level maps will be processed pursuant to the pending master plan amendment of MP 150(H). As explained in the attached Planning Commission staff report, the project involves two road segments (Cannon Road Reach 4 and College Blvd Reach A) along with one detention basin (Basin BJB) that are not necessary for the Calavera project; they are part of the City-initiated B&TD, Calavera Creek and flood control improvements which also underwent environmental review with EIR 98-02. As such, and in response to comments and letters received during the public review process, the Planning Commission is recommending that the City Council eliminate from their certification of the EIR the easternmost portion of Cannon Road Reach 4. Specifically, that portion of Cannon Road Reach 4 (now known as 48) beginning at the access point to the School District parcel and extending east to the Oceanside city limits is recommended for delayed Certification. The segment of Cannon Road Reach 4 from the future CollegelCannon intersection, extending east to the School District access point, is now known as Reach 4A and would be included in the certification of EIR 98-02. Attached Exhibit No. 9 graphically depicts Cannon Road Reach 4A (recommended for certification with EIR 98-02), as well as Cannon Reach 48 (not recommended for certification at this time) This action will not remove Cannon Road Reach 48 from the City's General Plan or Circulation Element; rather, it will delay Certification of environmental documentation for this roadway segment until final design issues can be worked out with the City of Oceanside and all affected stakeholders including the resource agencies. Since Cannon Road Reach 4 is not needed per Growth I PAGE2OFAGENDABlLLNO. id!50;7 Management until at least 5 years from now, and the College/Cannon intersection will be fixed at a preferred location, eliminating certification of this reach is legally feasible and does not adversely impact the Calavera project or its offsite road requirements as included in the B&TD. One change presented to the Commission by the applicant was a new master plan provision that requires a minimum development of single story units. The initial master plan text presented to the Planning Commission had an optional allowance for single story units but did not mandate any minimum amount. The proposed change is shown on Exhibit 8, and mandates a minimum of 10% of the remaining single family units to be single story, there would still be a requirement of an additional 10% to 15% of either single story units or greatly reduced second floor units: The Planning Commission and Staff endorse the proposed revision to the Master Plan, since it will ensure architectural diversity by providing single story units. Thirty people spoke during the public testimony portion of the Planning Commission Hearing on December 19, 2001. The comments made were categorized into the following issue areas: land use compatibility, open space and trails, master plan provisions for the transfer of dwelling units, noise, biology/wildlife corridors, cultural resources, and general EIR comments. City staff, consultants and the project applicant responded to the public comments at the January 2, 2002 Planning Commission hearing. Written comments were also received during the 60-day review and comment period for the Draft Program EIR. A full record of comments and the response to questions and comments from the public can be found in the Planning Commission Minutes dated December 19, 2001, and January 2, 2002 in addition to the Final Program EIR dated November, 2001. A more detailed project description and analysis is contained in the attached Planning Commission Staff Reports dated December 19,200l and January 2,2002. ENVIRONMENTAL: A Program Environmental Impact Report was processed addressing all necessary approvals needed to develop the project. The report was found by staff and the Planning Commission to have been prepared in compliance with City and State regulations. After the implementation of all proposed mitigation measures, the project would result in a significant direct impact for landform alteration. The project has all significant impacts outlined with corresponding mitigation measures established. Overriding considerations are proposed for adoption for the significant unmitigated direct and cumulative impacts and are contained in Planning Commission Resolution No. 5112 along with the Candidate Findings of Fact. FISCAL IMPACT: All required improvements needed to serve the Calavera Hills project will be funded by the developer. The Facility Financing Section of the Zone 7 Local Facilities Management Plans lists the financing techniques used to guarantee the public facilities needed to serve development. A report titled, “Fiscal Impact Analysis of Master Plan Amendment 150(H) and Related Documents, dated December 20, 2000” evaluates the revenue generated by the project and the costs of providing services to it. At buildout, estimated expenditures from the general fund to provide public services to the project would exceed estimated revenues by approximately $254,800 per year. The report was previously distributed and copies are on file in the Planning Department, both libraries, and at the Office of the City Clerk. EXHIBITS: 1. City Council Resolution No. ,;Loo 2 -0 1 b 2. Ordinance No. N 5 -L I b 3. Ordinance No. ti5-b 17 d PAGE 3 OF AGENDA BILL NO. ! b I 50 7 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Location Map Planning Commission Resolutions No. 5112, 5113, 5114, 5115, 5116, 5117, and 5118 Planning Commission Staff Reports, dated December 19,200l and January 2,2002 Planning Commission Minutes, dated December 19,200l and January 2,2002 Proposed changes to MP Architectural Standards Exhibit depicting Cannon Road Reach 4A and 48 Correspondence and Petition received at Planning Commission Final Program EIR for the Calavera Hills Master Plan, dated November, 2001 (previously distributed; copy on file in the Planning Department) Calavera Hills Master Plan Amendment MP 150(H) (previously distributed; copy on file in the Planning Department) Zone 7 Local Facilities Management Plan, dated October 2001 (previously distributed; copy on file in the Planning Department) Fiscal Impact Analysis of Master Plan Amendment 150(H) and Related Documents, dated December 20, 2000 (previously distributed; copy on file in the Planning Department) Master Tentative Map CT 00-02 - Full Size Exhibits “A” - “V”, dated December 19, 2001 (previously distributed; copy on file in the Planning Department) Landscape Concept Plan CT 00-02 - Full Size Exhibits ‘VP - “LL”, dated December 19,200l (previously distributed; copy on file in the Planning Department) Hillside Development Permit HDP 00-02 - Full Size Exhibit “MM” - “W, dated December 19, 2001 (previously distributed; copy on file in the Planning Department). 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 RESOLUTION NO. 2002-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, CEQA FINDINGS OF FACT, STATEMENTS OF OVERRIDING CONSIDERATIONS, A MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING A GENERAL PLAN AMENDMENT, MASTER PLAN AMENDMENT, ZONE 7 LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT, ZONE CHANGE, MASTER TENTATIVE MAP AND HILLSIDE DEVELOPMENT PERMIT WITHIN THE CALAVERA HILLS MASTER PLAN ON PROPERTY AND WEST OF LAKE CALAVERA IN THE NORHTEAST GENERALLY LOCATED SOUTH OF THE CITY OF OCEANSIDE QUADRANT OF THE CITY. CASE NAME: CALAVERA HILLS PHASE WBTD #4 AND BASINS CASE NO.: EIR 98-02/GPA 99-03/MP 150(H)/LFMP 87- 07(A)/ZC 01-011CT 00-02/HDP 00-02 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, the Planning Commission did on December 19, 2001, and January 2, 2002 hold duly noticed public hearings as prescribed by law to consider the land use actions and entitlements outlined above to facilitate the buildout of the Calavera Hills Master Plan and the environmental review for the master plan as well as the roads and basins to be covered by Bridge and Thoroughfare District #4 or similar financing mechanism. The Planning Commission adopted Planning Commission Resolutions No. 5112 through 5118, recommending to the City Council that the above listed items be approved; and WHEREAS, the City Council did on the 15th day of January, 2002 hold a duly noticed public hearing as prescribed by law to consider the EIR, Statement of Overriding Considerations, CEQA Findings of Fact and Mitigation Monitoring and Reporting Program, General Plan Amendment, Master Plan Amendment, Zone 7 Local Facilities Management Plan Amendment, Zone Change, Master Tentative Map and Hillside Development Permit 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 above described project; 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 21 28 The City Council of the City of Carlsbad. California does hereby resolve as follows: 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission in Planning Commission Resolutions No. 5112, 5113, 5114. 5115, 5116, 5117 and 5118 constitute the findings of the City Council in this matter. 3. That the conditions imposed by the Planning Commission in Planning Commission Resolutions No. 5112. 5113, 5114, 5115, 5116, 5117 and 5118 constitute the conditions of the City Council in this matter. Except that condition numbers 31. 38 and 39 imposed by the Planning Commission in Planning Commission Resolution No. 51 17 be revised to read as follows: “31. Prior to issuance of the first building permit for the Calavera Hills Phase II project (“Project”), the applicant shall cause Owner to enter into a purchase option agreement with the City of Carlsbad and the Rancho Carlsbad Owners Association offering the City the to provide a relocation site for facilities that will either be replaced by or have the access option to purchase, at not more than fair market value, an approximately 5.7 acre parcel of land, severed by the construction of College Boulevard Reach A or Detention Basis BJ (the “Facilities Replacement Area”). The general location of the Facilities Replacement Area is shown on the Rancho Carlsbad Exhibit as the location of the Rancho Carlsbad Owners Association facilities. including the community garden, RV parking lot. wash area and waste disposal area. The purchase option agreement shall provide that if the City does not exercise its option to purchase by January 1. 2010, the Rancho Carlsbad Owners Association may exercise the option and purchase the parcel. The agreement shall also provide that the Rancho Carlsbad Owners Association, with agreement of Owner, may process any and all permits and applications with the appropriate governmental agencies required for the implementation of these provisions provided any such permits issued are conditioned upon the transfer of the parcel. Alternately, the Owner may elect to process the necessary permits and applications to implement these provisions itself. “The agreement shall provide that if either the Owner or Rancho Carlsbad Owners Association are denied by any approving governmental agency a requested permit waste disposal area, then the purchase option agreement shall automatically terminate. The necessary for use of the 5.7 acre parcel for a community garden, RV parking lot, wash area and City shall provide the mechanism whereby the purchase by the Association shall be eligible for credit and repayment from the appropriate funding source or sources established by the City which include this purpose. Any such credit and repayment mechanism shall be implemented prior to or concurrent with the transfer to the City by the Rancho Carlsbad Owners Association of the property rights required to install Basin BJ. If the Rancho Carlsbad Owners Association and Owner are unable to reach agreement with respect to the terms of the purchase option agreement by May 1, 2002, the Rancho Carlsbad Owners Association and Owner shall enter into binding arbitration to resolve the terms of the agreement, subject to concurrence by the City to resolve the terms of the agreement, subject to concurrence by the City to the extent the terms Resolution No. 2002-016 page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 impact the Cityk obligations under the agreement. Such arbitration to be paid for by Owner. The City Manager and City Attorney. or their designees, shall be authorized to negotiate and enter into the purchase option agreement on behalf of the City, provided it complies with the terms of this condition, without further review of the City Council. The actual purchase or acquisition of the property which is the subject of the option agreement will require City Council review and approval.” berm to run along the south side of Reach 3 of Cannon Road between El Camino Real and the “38. The applicant shall construct a five-foot sound wall atop a three-foot earthen intersection with College Boulevard (the “Berm”). The Berm and the slope shall be fully landscaped, as shown on the Rancho Carlsbad Exhibit, on that portion of the Berm and slope facing the Rancho Carlsbad Mobile home Park. The landscaping plans shall be approved prior to the approval of the final map for CT 00-02 and such landscaping shall be installed at least 30 days prior to the opening of Cannon Road to public traffic. The sound wall shall be located a wetlands or other sensitive habitats do not interfere.” minimum of 20 feet from the edge of the southern right-of-way of Cannon Road Reach 3, where “39. The applicant shall cause the Owner to plant eucalyptus trees, or such other trees as are comparable in price and availability, and native hydroseeding on an approximately the intersection of College Boulevard and Cannon Road, as shown on the Rancho Carlsbad 2.51 acre parcel of land generally located between Cannon Road Station 150 plus 80 feet and between Cannon Road Station 151 and the intersection of College Boulevard and Cannon Exhibit as the grove parcel. Approximately 2.25 acre of this parcel of land, generally located Road, shall be deeded or provided by permanent easement to the Rancho Carlsbad Owners Association at no cost. Deeding or granting of the easement, and planting and irrigation of the grove parcel shall occur at least 30 days prior to the opening of Cannon Road Reach 3.” 4. The recommendation of the Planning Commission for a General Plan Amendment, GPA 99-03, as shown in Planning Commission Resolution No. 5113, is hereby accepted, approved in concept and shall be formally approved in connection with General Plan Amendments GPA 01-06 and GPA 01-15. 5. The City Council shall retain jurisdiction over uses proposed for Village H and shall act as the final decision maker on such uses following a recommendation from the Planning Commission.” EFFECTIVE DATE: This resolution shall be effective upon its adoption, except as to the General Plan Amendment, which shall be effective thirty (30) days following its adoption. Ill Ill Ill Resolution No. 2002-016 page 3 of 4 i * 1 7 - 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 the City Council ! Carlsbad on the 15th day of JANUARY 2002, by the following vote, to i NOES: None i AYES: Council Members Lewis, Kulchin, Finnila, Nygaard CLAUDEX LEWIS, M&or I @+" LOR INE M. OOD, City Clerk (SEAL) II Resolution No. 2002-016 page 4 of 4 of the City 01 wit: ,, Hall 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-616 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CALAVERA HILLS MASTER PLAN TO ESTABLISH WILDLIFE CORRIDORS, UPDATE THE PLAN TO CURRENT CITY STANDARDS, AND ALLOW FOR THE BUILD-OUT OF CALAVERA HILLS GENERALLY LOCATED SOUTH OF THE CITY OF OCEANSIDE AND WEST OF LAKE CALAVERA CASE NAME: CALAVERA HILLS PHASE II CASE NO.: MP 150 (H) WHEREAS, the City Council of the City of Carlsbad, California, has reviewed and considered a master plan amendment (MP 150-H) to allow for the buildout of this master plan and the establishment of regionally significant wildlife corridors; and WHEREAS, the City Council did on the day of 9 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a master plan amendment consistent with Chapter 21.38 of the municipal code as shown on Exhibit “MP 150(H), incorporated herein by reference. follows: NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as SECTION I: That Master Plan Amendment MP 150 (H), on file in the Planning Department, and incorporated herein by reference, is adopted. The amended Calavera Hills Master Plan shall constitute the development plan for the property and all development within the plan area shall conform to the plan. SECTION II: That the’findings and conditions of the Planning Commission in Planning Commission Resolution No. 5114 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. 6 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the of day 2002, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the of day 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) Page 2 of 2 of Ordinance No. NS-616 -2- 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 ORDINANCE NO. NS-617 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 01-01, FROM L-C TO P-C ON PROPERTY GENERALLY LOCATED ADJACENT TO THE EASTERN PERIMETER OF THE CALAVERA HILLS MASTER PLAN, DIRECTLY SOUTH OF LAKE CALAVERA IN LOCAL FACILITIES MANAGEMENT ZONE 14. CASE NAME: CALAVERA HILLS PHASE II CASE NO.: zc 01-01 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That Section 21.050.30 of the Carisbad Municipal Code, being the zoning map, is amended as shown on the map marked Exhibit “ZC 01-01” attached hereto, and marked Exhibit “ZC-A”. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5116, on file in the Planning Department, constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2002, and thereafter. ill /if /If ill ill //I l/i 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 22 2tI 2; 2t PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- Page 2 of 2 of Ordinance No. NS-617 4 m EXISTING: L-C PROPOSED: P-C CALAVERA HILLS PHASE Ii zc 01-01 EXHIBIT 4 CALAVERA HILLS PHASE II/BRIDGE AND THOROUGHFARE DISTRICT #4 EIR 98-021GPA 99=03/MP 150(H)/LFMP 87-07(A)/ ZC 0%Ol/CT 00=02/HDP 00-02 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 5 PLANNING COMMISSION RESOLUTION NO. 5112 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT, EIR 98-02, FOR THE CALAVER HILLS MASTER PLAN (MP 150-H), BRIDGE AND THOROUGHFARE DISTRICT #4, AND DETENTION BASINS BJ AND BJB; RECOMMENDING APPROVAL OF CANDIDATE FINDINGS OF FACT, A STATEMENT OF OVERRIDING CONSIDER- ATIONS AND A MITIGATION MONITORING AND REPORTING PROGRAM ON PROPERTY GENERALLY LOCATED SOUTH OF THE CITY OF OCEANSIDE, EAST OF EL CAMINO REAL, WEST OF LAKE CALAVERA, AND ALONG PORTIONS OF THE FUTURE ALIGNMENTS OF CANNON ROAD AND COLLEGE BOULEVARD IN THE NORTHEAST QUADRANT OF THE CITY, PRIMARILY WITHIN LOCAL FACILITIES MANAGEMENT ZONES 7. CASE NAME: CALAVERA HILLS PHASE II/BTD #4/DETENTION BASINS BJ AND BJB CASE NO.: EIR 98-02 WHEREAS, Calavera Hills II, L.L.C, “Developer”/“Owner,” has filed a verified application with the City of Carlsbad regarding property described as A portion of Lots “B’, “D “, “E”, and “J” of Ran&o Aqua Hedionda, according to partition map thereof No. 823, filed in the Office of the County Recorder of said San Diego County on November 16,1896 all being in the City of Carlsbad, County of San Diego, State of California. (“the Property”); and WHEREAS, an Environmental Impact Report (EIR) was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 19th day of December, 2001 and on the 2nd day of January, 2002 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 EIR, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, analyzing the information submitted by staff, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 considering any written comments received, the Planning Commission considered all factors relating to the EIR. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 B) Cl D) El FindinPs: That the foregoing recitations are true and correct. That the Final Program Environmental Impact Report consists of the Final Environmental Impact Report, EIR 98-02, dated December 19, 2001, appendices, written comments and responses to comments, as amended to include the comments and documents of those testifying at the public hearing and responses thereto hereby found to be in good faith and reason by incorporating a copy of the minutes of said public hearing into the report, all on file in the Planning Department incorporated by this reference, and collecjively referred to as the “Report”. That the Environmental Impact Report EIR 98-02, as so amended and evaluated is recommended for acceptance and certification as the final Environmental Impact Report and that the final Environmental Impact Report as recommended is adequate and provides reasonable information on the project and all reasonable and feasible alternatives thereto, including no project. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS CERTIFICATION of the Program Environmental Impact Report, EIR 98-02; RECOMMENDS APPROVAL of the Candidate Findings of Fact (“CEQA Findings”), and the Statement of Overriding Considerations (L’Statement”), attached hereto as Exhibit “EIR- A” and incorporated by this reference; and RECOMMENDS APPROVAL of the Mitigation Monitoring and Reporting Program (“Program”), attached hereto as Exhibit “EIR-BY’ and incorporated by this reference; based on the following findings and subject to the following conditions: That the recommendation as contained in D) above eliminates the certification of the easternmost portion of Cannon Road Reach 4, now known as Reach 4B. 1. The Planning Commission of the City of Carlsbad does hereby find that the Final EIR 98-02, the Candidate Findings of Fact, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad. 2. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered Final EIR 98-02, the environmental impacts therein identified for this PC RESO NO. 5112 -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 3. 4. 5. 6. 7. 8. 9. project; the Candidate Findings of Fact (“Findings” or “CEQA Findings”) and the Statement of Overriding Considerations attached hereto as Exhibit “EIR-A and the Mitigation Monitoring and Reporting Program (“Program”) attached hereto as Exhibit “EIR-B”, prior to RECOMMENDING APPROVAL of this project. The Planning Commission finds that Final EIR 98-02 reflects the independent judgment of the City of Carlsbad Planning Commission. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings (Exhibit “EIR-A”), including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. The Planning Commission hereby finds that the Program is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. Although certain significant or potentially significant environmental effects caused by the project will remain, even after the adoption of all feasible mitigation measures and any feasible alternatives, there are specific economic, social and other considerations that render the unavoidable significant adverse environmental effects acceptable, as set forth in the Statement. The Record of Proceedings for this project consists of The Report, CEQA Findings, Statement and Program; all reports, applications, memoranda, maps, letters and other planning documents prepared by the planning consultant, the project Applicant, the environmental consultant, and the City of Carlsbad that are before the decision makers as determined by the City Clerk; all documents submitted by members of the public and public agencies in connection with the EIR and the Addendum thereto on the project; minutes of all public meetings and public hearings; and matters of common knowledge to the City of Carlsbad which they may consider, including but not limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance, and Local Facilities Management Plan which may be found at 1200 Carlsbad Village Drive in the custody of the City Clerk, and 1635 Faraday Avenue in the custody of the Director of Planning. The Planning Commission hereby finds that the portion of Reach 4 of Cannon Road beginning adjacent to the entrance of the proposed high school site, approximately 1200 feet east of the future proposed intersection with College Boulevard, and extending easterly to the intersection with Leisure Village Drive within the City of Oceanside, hereinafter referred to as Reach 4B of Cannon Road, is of substantial length and operates between two logical terminal points. The Planning Commission hereby finds that Reach 4B of Cannon Road has independent utility and will serve important regional and local circulation needs. PC RESO NO. 5112 -3- 14 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 10. The Planning Commission hereby finds that the length and geometry of Reach 4B of Cannon Road is such that there will be adequate opportunity for consideration of reasonable alternative alignments for Reach 4B of Cannon Road and that approval of the EIR without Reach 4B does not irretrievably commit the City to a definite course of action regarding Reach 4B of Cannon Road. 11. The Planning Commission hereby finds that the construction of Reach 4B of Cannon Road does not have full funding nor is it required to serve the needs of the Calavera Hills Phase II development or other land developments currently under consideration by the City of Carlsbad. Conditions: 1. 2. 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Developer and/or City, as appropriate, shall implement the mitigation measures described in Exhibit “EIR-B”, the Mitigation Monitoring and Reporting Program, for the mitigation measures and monitoring programs applicable to development of the Calavera Hills Master Plan/BTD##4 /Detention Basins BJ and BJB Project. _ This approval is granted subject to the approval of GPA 99-03, MP 150(H), LFMP 87-07(A), ZC 01-01, CT 00-02 and HDP 00-02 and is subject to all conditions contained in the Planning Commission Resolutions for those other approvals. For Mitigation Measures relating to Archeological resources, replace any references to the San Diego Museum of Man with the San Luis Rey Band of California Indians. Any recovered artifacts are to reside with the San Luis Rey Band as opposed to the currently designated San Diego Museum of Man. PC RESO NO. 5112 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of January 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Compas, Dominguez, Heineman, Nielsen, and Segall NOES: None ABSENT: Commissioner Baker ABSTAIN: None 4 CARLSBAD PLklNG C:MMISSION ATTEST: Planning Director PC RESdNO. 5112 -5- “EIR - A” EIR 98-02 DRAFT CITY OF CARLSBAD RESOLUTION NO. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING OF FACT and STATEMENT OF OVERRIDING CONSIDERATIONS for the FINAL ENVIRONMENTAL IMPACT REPORT (EIR 98-02) CALAVERA HILLS MASTER PLAN PHASE II, BRIDGE AND THOROUGHFARE DISTRICT NO. 4, AND DETENTION BASINS (SCH No. 99111082) INTRODUCTION The California Environmental Quality Act, Public Resources Code $02 1000-21177 (CEQA), and the State CEQA Guidelines, 14 Cal. Code of Regs. $3 15000-l 5387 (CEQA Guidelines), require that no public agency shall approve or carry out a project for which an environmental impact report (EIR) has been certified which identifies one or more significant environmental effects on the environment that would occur if the project is approved or carried out unless both of the following occur: (4 The public agency makes one or more of the following findings with respect to each significant effect, accompanied by a brief explanation of the rationale for each finding (Section 21081 of CEQA and Section 15091 of the CEQA Guidelines): (1) Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially lessen the significant effects on the environment as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been, or can and should be, adopted by such other agency. CEQA Findings of Fact and Statement of Overriding Considerations 12/12/01 I? (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (CEQA $21081[a]) @> With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency may not approve or carry out the project unless the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. (CEQA $2 108 1 [b]) CEQA also requires that the findings made pursuant to $1509 1 shall be supported by substantial evidence in the record (9 1509 1 [b] of the CEQA Guidelines). Under CEQA, substantial evidence means enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts (0 15384 of the CEQA Guidelines). CEQA also requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental effects when determining whether to approve the project. If the specific economic, legal, social, - technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable” (4 1509 1 [a] of the CEQA Guidelines). When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement of overriding considerations shall be supported by substantial evidence in the record and does not substitute for, and shall be in addition to, findings required pursuant to $15091 ($9 15091 [b] and [c] of the CEQA Guidelines). The following Candidate Findings are made relative to the conclusions of the Environmental Impact Report for the Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. 4, and Detention Basins project and associated actions (“project”) (EIR No. 98-02/SCH No. 1999111082). The EIR is herein incorporated by reference. These Findings have been prepared pursuant to $2 108 1 of the California Public Resources Code, the California Environmental Quality Act, and #15091 and 15093 of the CEQA Guidelines. The Findings and Statement of Overriding Considerations have been submitted by the project applicant as Candidate Findings to be made by the decision-making body. The Planning Department does not recommend that the discretionary body either adopt or reject these Findings. The Findings are attached to allow readers of this report an opportunity to review potential reasons for approving the project despite the significant unmitigated effects identified in the final EIR. PROJECT DESCRIPTION AND PURPOSE The proposed project includes three components: (1) Phase II amendment of the Calavera Hills Master Plan; (2) formation by the City of Carlsbad of Bridge and Thoroughfare District No. 4 for the extension and construction of College Boulevard (Reaches A, B, and C) and Cannon Road (Reaches 3 and 4); and (3) construction of two detention basins by the City of Carlsbad to provide flood control within the Calavera Creek and Little Encinas Creek watersheds. Project Components CEQA Findings of Fact and Statement of Overriding Considerations 2 lU12fO1 I8 Calavera Hills Master Plan Phase II: The proposed Calavera Hills Master Plan Phase II modifies the existing land use designations and zoning for 10 villages (E-l, H, K, L-2, R, U, W, X, Y and Z) occupying a patchwork of undeveloped property totaling 409.8 acres within the larger Master Plan area. The proposal includes the following: Maximum 78 1 dwelling units, distributed in nine village neighborhoods referred to as Phase II. The proposed project would reduce the overall number of dwelling units by 14 from the maximum 795 units allowed under the existing adopted master plan. A breakdown of the Master Plan Amendment for each Village is provided on Table 2-l in the EIR. Conformance to the negotiated “hard line” configuration of an open space system negotiated by the U.S. Fish and Wildlife Service (USFWS), California Department of Fish and Game (CDFG), and the City of Carlsbad to support habitat/wildlife corridors reflected in the City of Carlsbad’s Draft Habitat Management Plan (HMP) dated December 1999; Modification to Village K to redistribute allowable dwelling units among several other remaining Villages to provide an east-west habitat link to reduce impacts to the California gnatcatcher and other species consistent with the City’s Draft HMP; Incorporation of the adjacent 11 O-acre Calavera Nature Preserve (CNP) open space parcel, dedicated by Calavera Hills II, LLC, in 1998, into the Calavera Hills Master Plan boundary and elimination of the residential land use designation for this parcel. The project also rezones the parcel from the existing Limited Control (L-C) to Planned Community (P-C) consistent with the Master Plan. Within the Master Plan, this parcel would be designated Open Space (OS); Allowance for the residential buildout of eight Phase II villages (E-l, K, L-2, R, U, W, X, and Y) in accordance with the provisions of the proposed Phase II Master Plan Amendment; Identification of Village Y as the affordable housing site; Adjustment of the boundaries of Village Y in response to a proposed shift of the College Boulevard alignment to the east to avoid a conflict with a high-voltage power transmission tower; the shift will increase the acreage of Village Y by 3.5 acres; Modification of development standards, residential design criteria, and architectural guidelines to ensure functional and aesthetically pleasing design and compatible architectural styles for the proposed residential products; Modification of the designated location of signage, documentation, fencing, and other existing community identification criteria for the buildout of the Master Plan; Modification of the Zone 7 (Calavera Hills) Local Facilities Management Plan (LFMP) to update buildout projections, address existing and titure public facility adequacy for parks, drainage facilities, circulation roadways, fire stations, open space, schools, sewer collection lines, and water distribution facilities, impacted by Phase II development. Overall, the proposed amendment for Phase II of the Calavera Hills Master Plan is consistent with the adopted Master Plan, but will modify existing land use designations and rearrange residential densities to provide for the residential buildout of Villages E-l, K, L-2, R, U, W, X, and Y. Open space within the current Master Plan boundaries will increase by approximately 20.5 acres (exclusive of the 1 lo- acre CNP open space area denoted as Village Z). Total grading for the Master Plan Phase II Villages (E-l, H, K, L-2, R, U, W, X, and Y) falls into the acceptable range of grading volume (929,000 cubic yards/132.9 acres = 6,990 cubic yards/acre) pursuant to the Hillside Development Ordinance. Bridge and Thoroughfare District No. 4/Detention Basins: The primary elements of this portion of the project are: Bridge and Thoroughfare District No. 4: CEQA Findings of Fact and Statement of Overriding Considerations 3 12/12/01 t9 l Formation of a Bridge and Thoroughfare District (City of Carlsbad BTD No. 4) or other financing district to finance the acquisition, design, and construction of “core” improvements for the subject roadways. l Development, including grading, surface improvements, bridges, retaining walls, erosion control and landscaping, drainage, and all other improvements associated with development of Reaches A, B, and C for College Boulevard and Reaches 3 and 4 for Cannon Road. l Realignment of Cannon Road within the Oceanside city limits, including the reconfiguration of an existing church access and parking lot area. The project proposes 24 parking spaces as replacement for an estimated 22 church parking spaces that will be lost (Fraser Engineering 1999). The City of Carlsbad will coordinate with the church to obtain a Conditional Use Permit amendment prior to proceeding with modification of the church parking lot. Detention Basins: l Construction of two detention basins by the City of Carlsbad to control flooding impacts within the Calavera Creek and the Little Encinas Creek watersheds. The basins are part of a larger drainage plan for the area and are consistent with the 1994 City of Carlsbad Master Drainage Plan. The two basins are described as follows: Basin 1 (referred to as Basin “BIB”): Location - northeast of the College Boulevard/Cannon Road intersection Inundation area - approximately 15 acres Storage capacity - approximately 49 acre-feet Basin 2 (referred to as Basin “BJ”): Location - east of the College Boulevard/Cannon Road intersection Inundation area - approximately 8 acres Storage capacity - approximately 48 acre-feet Implementation of the project road improvements are generally consistent with existing and planned land uses, including the alignments shown in the City of Carlsbad’s General Plan and Calavera Hills Master Plan. Replacement of lost recreational-vehicle (RV) parking reduces land use impacts from construction of detention Basin “BJ” to below a level of significant. All other significant impacts are reduced to a less than significant level by design or proposed mitigation. Funding for long-term biological maintenance of the CNP (Village Z) is assured as a condition of the 1993 mitigation agreement included as Appendix G to the final EIR. Extensive landscaping is planned for each of the component areas of the project and would be maintained by the homeowners association for areas within the Master Plan Phase II area. Mitigation for impacts to sensitive resources will be provided by a combination of replacement and collection of fees on a per-acre basis, at an amount to be determined by the City Council. ISSUES ADDRESSED IN THE EIR The final EIR evaluates the following environmental issues in relation to the project: land use, landform alteration/visual quality, traffic circulation, noise, agriculture, public facilities, biological resources, archaeology/cultural resources, paleontology, hydrology, air quality, and geology. The final EIR also addresses growth-inducing and cumulative impacts; other required considerations, which include effects found not to be significant; and alternatives that would reduce or avoid significant impacts of the proposed project. The City of Carlsbad Planning Department, located at 1635 Faraday Avenue, Carlsbad, California, 92008, is the custodian of the documents and other material which constitute the entire record and the proceedings upon which the decision is based (Administrative Record). CEQA Findings of Fact and Statement of Overriding Considerations 4 12/12/01 20 The final EIR indicates that impacts to land use, agriculture, archaeological/cultural resources, and air quality (except short-term direct impacts during construction) will be less than significant with development of the first component, the proposed Calavera Hills Master Plan Phase II. All significant direct short- or long-term impacts for all remaining issues can be reduced to a less than significant level with implementation of proposed mitigation. The final EIR indicates that all direct impacts on the remaining environmental issues can be substantially lessened or avoided if all the proposed mitigation measures recommended in the final EIR are adopted. For the Master Plan Phase II portion, these issues include landform alteration/visual quality, traffic circulation, noise, public facilities, biological resources, paleontology, hydrology, air quality (short-term construction-induced), and geology/soils. Direct impacts from development of the remaining components, including the Bridge and Thoroughfare District No. 4 and detention basins, for the following environmental issues are less than significant: traffic circulation, public facilities, and air quality (except short-term direct impacts during construction). The final EIR indicates that all direct impacts on the remaining environmental issues can be substantially lessened or avoided if all the proposed mitigation measures recommended in the final EIR are adopted. These issues include land use, landform alteration/visual quality, traffic circulation, noise, agriculture (detention basins only), public facilities, biological resources, archaeology/cultural resources, paleontology, hydrology, air quality, and geology/soils. In addition, the final EIR does not consider the project growth inducing. The project’s cumulative impact on landform alteration/visual quality is considered significant and unmitigable. For all other environmental issues, impacts can be substantially lessened or avoided if all the proposed mitigation measures listed in the final EIR are implemented. The following findings are made pursuant to Section 21081 of CEQA and Title 14 of the California Code of Regulations, Sections 15091 and 15093 (State CEQA Guidelines). I. Public Resources Code Section 21081(a) The City Council, having reviewed and considered the information contained in the final EIR for the project and the public record, finds (pursuant to CEQA and the CEQA Guidelines) that changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR with respect to the areas of (1) land use, (2) landform alteration/visual quality, (3) traffic circulation, (4) noise, (5) agriculture, (6) public facilities, (7) biological resources, (8) archaeology/cultural resources, (9) paleontology, (10) hydrology/water quality, (11) construction-induced air quality impacts, and (12) geology and soils. Implementation of the following recommendations will occur via the imposition of conditions of approval for the project. 1) Land Use ImDact: The Carlsbad Zoning Ordinance requires an RV storage lot for the Ranch0 Carlsbad Mobile Home Park. Section 2 1.45.090 requires 20 square feet of RV storage for each of the 520 mobile home lots. This results in a required 10,400-square-foot (0.24-acre) minimum lot to accommodate the park (exclusive of driveways). Allowing for aisles and driveways, the estimated maximum RV storage area required is 0.5 acre. The existing lot (1.5 acres), located in the area proposed for Basin “BJ,” exceeds the size required by the City’s zoning ordinance by approximately 1.25 acres and is only partially used at this time. As a result, the elimination of the RV storage area in excess of 0.24 acre in size (exclusive of driveways) is not considered a significant impact, in that the excess acreage is not necessary for compliance with the City’s CEQA Findings of Fact and Statement of Overriding Considerations 5 12/12/01 aI 4 1. zoning requirements. The loss of the required 0.24-acre of RV storage, however, is considered a significant impact requiring mitigation. Finding: In order to reduce the significant land use impact resulting from the loss of 0.24-acre RV storage, the following measures shall be shown on the grading and improvement plans for both the College Boulevard Reach A and detention Basin “BJ.” Prior to elimination of access to the existing approximately 1.5-acre RV storage parking for Ranch0 Carlsbad Mobile Home Park (RCMHP) located within proposed detention Basin “BJ” and commencement of construction of Reach A of College Boulevard or installation of detention Basin “BJ,” the project applicant for Reach A shall secure a minimum 0.24-acre replacement site (exclusive of access roads) for RV storage parking at one of the following locations: 2) a) a) l The Ranch0 Carlsbad Partners’ property between RCMHP and the future College Boulevard Reach A; l The Robertson Ranch immediately northwest of the mobile home park and south of Cannon Road; l Within an area surrounding detention Basin “BJ” on the RCMHP property; or l Another site suitable and convenient to the RCMHP residents. The selected site shall be approved by the Planning Director for the City of Carlsbad andshall be installed prior to the beginning of construction for either Reach A of College Boulevard (which will cut off resident access to the site) or installation of detention Basin “BJ” (which will have the potential to inundate the lot with floodwaters). Landform Alteration/Visual Quality Impact: The landform alteration/aesthetic impact from both within Calavera Hills and off-site areas (e.g., El Camino Real and Ranch0 Carlsbad Mobile Home Park) from the development of the southern villages is considered a significant visual quality impact. As shown in the noise section, noise walls up to 12 feet in height will be required. As an example, a noise wall approximately 1,400 feet in length with a maximum height of 12 feet will be required at Village U. The aesthetic impact associated with noise walls of this magnitude on both sides of the roadway will be considered a significant visual quality impact. Finding: Significant impacts are reduced to below a level of significance with implementation of measures included in the EIR. These include the following: The project applicant shall implement the proposed Master Landscape Concept Plan and conform to the grading requirements contained in the proposed Calavera Hills Master Plan. These requirements contained in the Master Plan include the following and shall be made conditions of future tentative map approvals. In order to reduce the direct landform alteration/visual quality impacts to below a level of significance, all of the following mitigation measures shall be implemented by a Final landscape plan to be approved by the Planning Director, with the approval of the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first: 1. Utilize slope contour grading, in conjunction with landform vegetation planting for slopes adjacent to natural open space where visible from public roadways and public open spaces. Application of landform planting to simulate contour grading shall be required to soften the visual impact of manufactured slopes over 20 feet in height and 200 feet or more in length. The planting will consist of a variety of drought-tolerant trees, shrubs, and g-round covers, with similar sized plants undulating horizontally and vertically on the slope face. All the plantings CEQA Findings of Fact and Statement of Overriding Considerations 6 12/12/01 xi 2. 3. 4. 5. W b) 6. 3) 4 a) 1. will conform to the City of Carlsbad Landscape Manual. This measure is required to provide a visual transition of slopes into the natural terrain in conformance to the City of Carlsbad Hillside Development Ordinance Section 2 1.95.120(F)( 1). Implement the Master Plan’s Landscape Guidelines and Landscape and Irrigation Standards for manufactured slopes adjacent to the proposed draft HMP open space to reduce the contrast and blend the visual appearance of the graded and developed site from natural off-site areas. Implement the Master Plan’s Landscape and Irrigation Standards and Landform Planting to simulate contour grading between development and native vegetation on visible manufactured slopes and internal project landscaping to reduce the off-site aesthetic impact from the grading proposed for residential development pads and roads. Implement the Master Plan’s Landscape and Irrigation Standards and Fire Control guidelines for perimeter slopes as a condition of the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first. Implement the Master Plan’s design guidelines for noise walls (exterior treatment and landscaping) to reduce aesthetic impacts. (See Figure 3B-16 of the EIR for compliance with the Master Plan’s six-foot-high solid wall height limitation.) A combination of wall/glass/berm is allowed if approved by the City and shall be landscaped to reduce the aesthetic impacts along College Boulevard and Carlsbad Village Drive. This type of noise wall shall be shown on all grading, tentative map, and landscaping exhibits as required with the approval of the individual tentative’s map Final Map or Grading Plan, whichever occurs first. Impact: Both roadways in conjunction with the urbanization from existing, approved, and planned development will contribute to the degradation in the aesthetic character of the larger subregional area. This change in aesthetic rural character from the grading and construction of the proposed alignments is considered a significant impact. Finding: Project conformance to the Master Plan Landscape Guidelines and Landscape and Irrigation Standards for grading and revegetation will simulate natural slope contours, reduce the contrast between newly graded areas, soften the visual impact, and reduce landform alteration/aesthetic impacts to below a level of significance. The following measure will be shown on the grading and improvement plans for College Boulevard, Cannon Road, and the detention Basin “BIB.” Revegetate manufactured roadway slopes for College Boulevard, Cannon Road, and detention Basin “BIB” with native species to provide a transition to the adjacent native habitat as shown on the Landscape Plan approved by the Planning Director. Traffic Circulation Impact: No significant project-induced traffic impacts have been identified that warrant mitigation. Measures listed as mitigation are project design measures. Finding: The construction of traffic signals on Master Plan Phase II roadways and construction of College Boulevard Reaches C and B (south of Carlsbad Village Drive to Cannon Road), Cannon Road Reach 3 (College Boulevard to El Camino Real), and participation in the Bridge and Thoroughfare District No. 4 for Cannon Road (Reach 4) and College Boulevard (Reach A) avoid direct impacts to traffic circulation. The project design incorporates the following measures into the project construction scheduling to avoid or reduce any potential impacts to below a level of significance. These measures include the: Construction of traffic signals at warranted locations within the Master Plan Phase II area; CEQA Findings of Fact and Statement of Overriding Considerations 7 12/12/01 OS3 2. Construction of College Boulevard Reaches C and B (south of Carlsbad Village Drive to Cannon Road) and construction of Reach 3 of Cannon Road linking College Boulevard and El Camino Real; and 3. Participation in the financing of the proposed Bridge and Thoroughfare District No. 4 or other financing mechanism for Cannon Road Reach 4 and College Boulevard Reach A. The above provisions of the Calavera Hills Master Plan shall be accomplished through payment or credits of Bridge and Thoroughfare District fees and/or construction of facilities as noted above. b) Impact: The City of Carlsbad is proposing removal of an existing barricade on College Boulevard south of Lake Boulevard. This action is not project dependent but is assumed to be in place prior to implementation of the proposed Calavera Hills Master Plan Phase II and Bridge and Thoroughfare District No. 4 project. b) Finding: Only in the event that the City of Carlsbad removes the existing barricade on College Boulevard south of Lake Boulevard prior to the construction of College Boulevard and Cannon Road, the interim mitigation measure listed below would be necessary. To avoid significant impacts from this action to the intersections of El Camino Real/Palomar Airport Road and at El Camino Real/Tamarack Avenue, it is anticipated that the City will complete the following measure prior to removal of the barricade: 1. Restripe the westbound through lane of Tamarack Avenue to create a left-turn lane within the existing roadway. This will improve the A.M. peak hour intersection operations to acceptable LOS C and p.m. peak hour operations to an acceptable LOS B. While the restriping of the intersection of Tamarack Avenue and El Camino Real, as proposed above, will ensure an acceptable level of service for this intersection through buildout of the project, the restriping measure should be considered an interim solution only. Restriping of the intersection as proposed results in a non-standard lane configuration which reduces the through movement capacity along Tamarack Avenue. In addition, due to the close proximity of the adjacent La Portalada Drive intersection on Tamarack Avenue, there is inadequate queuing space to accommodate the expected number of left-turn movements, which will result in reduced carrying capacity of the intersection. The permanent solution to ensure the proper functioning of the Tamarack Avenue and El Camino Real intersection is the completion of the College Boulevard and Cannon Road linkage from Carlsbad Village Drive to El Camino Real. 4) Geology/Soils 4 Impact: The geotechnical reconnaissance study for the development of eight villages and the construction of College Avenue from Carlsbad Village Drive south to Cannon Road indicates that some remedial work may be required to address the presence of claystones/siltstones at or near cut grades, including stabilization fills. Sedimentary and igneous bedrock materials were found to be generally suitable for the support of fills and structures. Very dense exposures of igneous bedrock will likely require drill and shoot blasting techniques in order to excavate. This is considered a significant impact. a) Finding: The following mitigation measures will be required to reduce impacts associated with grading and blasting activities: As a condition of approval of the master tentative map’s Final Map or Grading Plan, whichever occurs first, the project applicant shall implement the following general and specific measures to reduce impacts to a less than significant level. These include: Calavera Hills Master Plan Phase II 1. Grading: Fill and cut slopes shall be stabilized consistent with recommendations included in the geotechnical report. Site excavation and grading shall employ remedial earthwork for all CEQA Findings of Fact and Statement of Overriding Considerations 8 12/12/01 w villages (including but not limited to, shear key construction for all fill slopes, removal and recompaction of colluvial topsoils and overexcavation of transition pads or cut pads exposing bedrock transitions or expansive soil. Buttresses and/or stabilization fills do not appear to be necessary but may be required depending on future slope stability analyses or field experience. Overexcavation may be required, below the depth of the lowest utility line for street areas exposing hard rock. Conventional grading and drill and shoot excavation may be required within all villages except Villages H and R where conventional grading equipment should be sufficient. Grading and blasting activities (specifically, ripping and blasting of boulders) shall conform to the recommendations outlined in the geotechnical study, City of Carlsbad Grading Ordinance and San Diego County Blasting Ordinance as they apply. 2. Expansive Soils, Slopes, and Foundations: Post- tensioned foundations shall be employed for areas with highly expansive soil conditions - including natural slopes within Village H and R exposing earth materials belonging to the Santiago Formation and expansive clayey bedrock materials. 3 * Slope Erosion: Subject to the approval of the City Public Works Director, the project proponent shall remove topsoil to the recommended depth, depending on location and recompaction requirements, as indicated in the geotechnical report prepared for the projest. 4. Foundations: Subject to the approval of the City Public Works Director, the project proponent shall monitor settlement at locations identified in the geotechnical study. At a minimum, the project applicant shall employ post-tensioned foundations for areas where structures overlay compacted fills approximately 30 feet or more in thickness or where differential fill thickness exceeds 3 : 1 across the lot. 5) Noise Construction a> Impact: Portions of existing residential developments (Villages C, D, L-l, 0, Pl, and Q) could experience noise levels in excess of County standards during blasting activities. As indicated, if blasting activities occur within 225 feet of existing residential areas for more than eight hours, a significant noise impact could occur. 4 Finding: Blasting and disclosure requirements are mandated by ordinance. Title 3, Div. 5, Chapter III, of the County Code of Regulatory Ordinances provides enforcement, application, definitions, and requirements to be met prior to issuance of a blasting permit. Among these are the requirement to show insurance and indemnification, permitted hours, notification requirements, violations and penalties, and payment of fee requirements. Detailed information can be obtained from the County of San Diego Sheriffs Department, License Division, 9621 Ridgehaven Court, P.O. Box 429000, San Diego, California 92142-9000. In addition to the preceding, the following requirements will lessen potential noise impacts to existing residential areas to below a level of significance and are required as a condition of approval for the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first. The following summarizes the measures to be-incorporated in this project. Prior to approval of the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first, the project developer shall implement the following measures to reduce potentially significant noise impacts to portions of existing residential developments (Villages C, D, L-l, 0, P 1, and Q) during blasting activities: 1. Prior to blasting, an overall blasting program and blasting schedule shall be approved by the City Public Works Director and Planning Director. CEQA Findings of Fact and Statement of Overriding Considerations 9 12/12/01 25 2. 3. 4. 5. Prior to blasting, the contractor shall provide confirmation to the satisfaction of the City Public Works Director that the Carlsbad Police Department and the County Sheriffs Department have been notified that blasting activities are about to commence. Prior to blasting, the property owner shall provide proof (e.g., copy of certified letter and mail receipt) that a one-time notice in writing has been given to residences and businesses within 600 feet of a potential major blast location. The notice shall include the anticipated blasting schedule and provide a contact phone number for the blasting contractor. A pre-blast inspection of existing structures shall be conducted within 300 feet of any proposed detonation by an inspector approved by the Carlsbad Police Department, the San Diego County Sheriffs Department, and the City of Carlsbad Building Department. The project shall conform to San Diego County Blasting Ordinance Title 3, Division 5, Chapter III, County Code of Regulatory Ordinances Sections 35.377.101-104, 35.377.301(a), 35.377.306 and 35.377.307) to reduce the temporary noise impacts due to blasting and Section 8.48010 of the City’s Municipal Code limiting allowable hours of activities. The allowable hours of activities associated with blasting will be from 9:00 A.M. to 4:30 P.M. or one-half hour before sunset, whichever comes first, Monday through Friday. No blasting will be allowed on weekends or on the holidays specified in Section 848.010 of the City’s Municipal Code. _ A blasting report shall be submitted to the City of Carlsbad City Public Works Director prior to any blasting activities. The report shall conform to the San Diego County Blasting Ordinance (Division 5, Title 3, Section 35) and vibration standards promulgated by the U.S. Bureau of Mines. 6. b) b) 1. 2. 3. 4 c) CEQA Findings of Fact and Impact: Portions of existing residential developments (Villages C, D, E-2, F, G, L-l, Q, and T) and the Calavera Hills Community Park west of Village E-l could experience noise levels in excess of County standards during grading activities. Finding: Prior to approval of the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first, the project developer shall implement the following measures to reduce potentially significant noise impacts to portions of existing residential developments (Villages C, D, E-2, F, G, L-l, Q, and T) and the Calavera Hills Community Park west of Village E-l generated by grading activities. Implementation of the following measures will avoid or reduce potentially significant noise impacts to below a level of significance: Hours of grading shall be limited to the time period allowed in Carlsbad Municipal Code (Section 8.48.010); 7:00 A.M. to sunset on weekdays and 8:00 A.M. to sunset on Saturdays. No grading, except in the event of an emergency as determined by the City Manager per Municipal Code Section 8.48.020, shall occur on Sundays and designated holidays. If grading activities will occur within 150 feet of existing residential areas, those construction activities shall be limited to an eight-hour period within the allowable time frame indicated above. Grading and construction equipment shall be properly maintained and fitted with standard mufflers. Verification shall be provided to the satisfaction of the Planning Department Director prior to the commencement of grading. Impact: Although not significant, noise levels from the temporary materials processing centers could be perceived as a nuisance to receivers in the surrounding existing residential areas (Villages C, L-l, 0, P-l, and Q). Finding: The following measures shall be implemented to reduce noise generated by activities at the materials processing centers while in operation that could be perceived as a nuisance to receivers in the surrounding existing residential areas (Villages C, L- 1 , 0, P- 1, and Q): Statement of dverriding Considerations 10 12/12/01 36 1. 2. Hours of operation of the materials processing centers shall be limited to the time period allowed in Carlsbad Municipal Code Section 8.48.010 for construction; 7:00 A.M. to sunset on weekdays and 8:00 A.M. to sunset on Saturdays. No construction, except in the event of an emergency as determined by the City Manager per Municipal Code Section 8.48.020, shall occur on Sundays and designated holidays. Prior to the commencement materials processing, construction equipment shall be properly maintained and fitted with standard mufflers. Future TraffbGenerated Noise - On-Site 4 d) 1. 2. Impact: Portions of the proposed project could experience future exterior noise levels in excess of the City’s 60 CNEL (community noise equivalent level) exterior noise standard. This is considered a significant noise impact requiring noise barriers in appropriate locations. Finding: Barrier heights specified below are relative to pad elevations where barriers are constructed at the pad edge. Where barriers are constructed along the roadway edges; the barrier height is relative to the roadway. Required barrier heights may be achieved through the construction of walls, berms, or wall/berm combinations. The effectiveness of a barrier is dependent upon the quality of construction and the barrier material mass and acoustical properties. Barriers should be free of cracks and holes. The transmission loss through a barrier should be at least 10 decibels greater than the estimated barrier attenuation (Federal Highway Administration 1979:34). If a barrier attenuates noise levels by 5 A-weighted decibels [dB(A)] at a receiver location, the barrier transmission loss must be at least 15 dB(A) to prevent audible noise from traveling through the barrier and adding to the acoustical environment. Examples of acceptable barrier materials include, but are not limited to, masonry block, wood fiarne with stucco, 0.5-inch-thick Plexiglas, or 0.25-inch- thick plate glass. If transparent barrier materials are used, no gaps should occur between the panels. Village H a) The project applicant shall construct noise barriers varying from three to four feet in height along the top of the pad slopes as shown in Figure 3D-5 of the EIR to ensure that exterior ground-floor noise levels are reduced to 65 CNEL or less. b) For those areas where ground- and/or second-floor exterior noise levels are projected to exceed 60 CNEL, it will be necessary for the windows to remain closed to ensure that interior noise levels meet the City’s 45 dB(A) hourly average sound level [L,,(h)] standard for schools. Forced-air circulation or air conditioning shall be provided for all buildings where it is necessary to keep windows closed in order to meet the City’s interior noise standard. Village E- 1 4 The project applicant shall construct noise barriers approximately 11 feet in height along College Boulevard and 8 feet in height along Carlsbad Village Drive to ensure that noise levels at all ground-floor usable areas within the village are reduced to a level at or below 60 CNEL. Noise barriers shall comply with Figure 3B- 16, which describes noise barrier specifications. b) The project applicant shall perform a detailed acoustical study to refine the above- required barrier heights and locations once detailed grading plans are completed as part the Village’s entitlement process. CEQA Findings of Fact and Statement of Overriding Considerations 11 12/12/01 J7 Interior Noise Levels for Residential Uses: Even with the construction of noise barriers, noise levels at the second floors of the units adjacent to the roadways could exceed 65 CNEL. Standard construction is not assumed to adequately reduce interior noise levels to below 45 CNEL at these locations. Therefore, the following mitigation is required: a) At the time building plans are available for the units in this village, and prior to the issuance of building perrnits, a detailed acoustical analysis for units exposed to 65 CNEL or greater will be required to demonstrate that interior noise levels due to exterior sources will be below the 45 CNEL residential interior standard. W The project developer shall provide forced-air circulation or air conditioning for residential use areas where exterior noise levels are projected to exceed 60 CNEL and it will be necessary for the windows to remain closed to ensure that interior noise levels meet the City’s residential interior standard of 45 CNEL. 3. Village K Exterior Noise Levels: The project applicant shall construct noise barriers varying from three to five feet in height along the top of the pad slopes as shown in Figure 3D-7 of the EIR to reduce significant noise levels at all- ground-floor usable areas within the village to 60 CNEL or below. Interior Noise Levels: Even with the construction of noise barriers, noise levels at the second floors of the units adjacent to the roadways could exceed 65 CNEL. Standard construction is not assumed to adequately reduce interior noise levels to below 45 CNEL at these locations. Therefore, the following mitigation measures are required: 4 At the time building plans are available for the units in this village, and prior to the issuance of building permits, a detailed acoustical analysis for units exposed to 65 CNEL or greater will be required to demonstrate that interior noise levels due to exterior sources will be below the 45 CNEL interior standard. b) For those areas where exterior noise levels are projected to exceed 60 CNEL, it will be necessary for the windows to remain closed to ensure that interior noise levels meet the City’s interior standard of 45 CNEL and forced-air circulation or air conditioning is required. 4. Village U Exterior Noise Levels: The project applicant shall construct noise barriers varying from five to twelve feet in height along the edge of College Boulevard as shown in Figure 3D-9 of the EIR to reduce noise levels at all ground- floor usable areas within Village U to 60 CNEL or below. Noise barriers shall comply with Figure 3B-16 in the EIR. Moreover, if additional points of access from College Boulevard and, as a consequence, additional breaks are required, no usable exterior areas shall be placed adjacent to those breaks. Interior Noise Levels: Even with the construction of noise barriers, noise levels at the second floors of the units adjacent to the roadways could exceed 65 CNEL. Standard construction is not assumed to adequately reduce interior noise levels to below 45 CNEL at these locations. Therefore, the following mitigation is required: 4 At the time that building plans are available for the units in this village, and prior to the issuance of building permits, a detailed acoustical analysis for units exposed to 65 CEQA Findings of Fact and Statement of Overriding Considerations 12 12/12/01 28 CNEL or greater will be required demonstrating that interior noise levels due to exterior sources will be below the 45 CNEL interior standard. W For those areas where exterior noise levels are projected to exceed 60 CNEL, it will be necessary for the windows to remain closed to ensure that interior noise levels meet the City’s interior standard of 45 CNEL and forced-air circulation or air conditioning is required. 5. Village W Exterior Noise Levels: To reduce significant exterior noise to residential uses, the project applicant shall construct noise barriers varying from five to eleven feet in height along the edge of College Boulevard as shown in Figure 3D-11 of the EIR to ensure that noise levels at all ground-floor usable areas within the village would be at or below 60 CNEL. Noise barriers shall comply with EIR Figure 3B-16. Interior Noise Levels: Even with the construction of noise barriers, noise levels at the second floors of the units adjacent to the roadways could exceed 65 CNEL. Standard construction is not assumed to adequately reduce interior noise levels to below 45 CNEL at these locations. Therefore, the following mitigation is required: a) At the time building plans are available for the units in this village, and prior to the issuance of building permits, a detailed acoustical analysis for units exposed to 65 CNEL or greater will be required demonstrating that interior noise levels due to exterior sources will be at or below the 45 CNEL interior standard. b) For those areas where exterior noise levels are projected to exceed 60 CNEL, it will be necessary for the windows to remain closed to ensure that interior noise levels meet the City’s interior standard of 45 CNEL and forced-air circulation or air conditioning is required. 6. Village X Exterior Noise Levels: To reduce significant ground-floor exterior noise levels for residential use areas, the project applicant shall construct noise barriers varying from five to nine feet in height along the top of the slope as shown in Figure 3D-11 in the EIR. This measure reduces noise levels at all ground-floor usable areas within the village to a level at or below 60 CNEL. Noise barriers shall comply with EIR Figure 3B- 16. Moreover, if additional points of access from College Boulevard and, as a consequence, additional breaks are required, no usable exterior areas shall be placed adjacent to those breaks. Even with the construction of noise barriers, noise levels at the second floors of the units adjacent to the roadways could exceed 65 CNEL. Standard construction is not assumed to adequately reduce interior noise levels to below 45 CNEL at these locations. Therefore, the following mitigation is required. Interior Noise Levels: 4 At the time building plans are available for the units in this village, and prior to the issuance of building permits, a detailed acoustical analysis for units exposed to 65 CNEL or greater will be required demonstrating that interior noise levels due to exterior sources will be at or below the 45 CNEL interior standard. b) For those areas where exterior noise levels are projected to exceed 60 CNEL, it will be necessary for the windows to remain closed to ensure that interior noise levels meet the CEQA Findings of Fact and Statement of Overriding Considerations 13 12/12/01 25 City’s interior standard of 45 CNEL and forced-air circulation or air conditioning is required. 7. Village Y Exterior Noise Levels: To reduce significant ground-floor exterior noise levels that exceed the City’s 60 CNEL residential standard, the project applicant shall construct noise barriers varying from six to ten feet in height along the top of the slope as shown in Figure 3D-11 of the EIR. The noise barrier will reduce noise levels at all ground-floor usable areas within the village to a level at or below 60 CNEL. Noise barriers shall comply with EIR Figure 3B-16. Moreover, if additional points of access from College Boulevard and, as a consequence, additional breaks are required, no usable exterior areas shall be placed adjacent to those breaks. Interior Noise Levels: Even with the construction of noise barriers, noise levels at the second floors of the units adjacent to the roadways could exceed 65 CNEL. Standard construction is not assumed to adequately reduce interior noise levels to below 45 CNEL at these locations. Therefore, the following mitigation is required: a) At the time building plans are available for the units in this village, and prior to the issuance of building permits, a detailed acoustical analysis for units exposed to 65 CNEL or greater will be required demonstrating that interior noise levels due to exterior sources will be at or below the 45 CNEL interior standard. b) For those areas where exterior noise levels are projected to exceed 60 CNEL, it will be necessary for the windows to remain closed to ensure that interior noise levels meet the City’s interior standard of 45 CNEL and forced-air circulation or air conditioning is required. Future Traffic-Generated Noise - Off-Site Ranch0 Carlsbad Mobile Park Home: To reduce significant noise impacts to the Ranch0 Carlsbad Mobile Home Park for the proposed Cannon Road Alignment (EIR Alternative 1 or Alternative 3), the project applicant shall construct minimum four-foot-high noise barriers along the edge of the roadway as shown in Figure 3D-12 of the EIR to reduce noise to a level at or below the City’s residential noise standard of 60 CNEL Robertson Ranch House: The project applicant shall construct noise barriers varying from seven to eight feet in height for the proposed Cannon Road Alignment (Alternative 1) (EIR Figure 3D-12) or for Alternative 3, the “Reduced Intersection Elevation” alternative as shown in Figure 3D-16 of the EIR to reduce exterior noise levels at the ranch house to a level at or below the City’s 60 CNEL standard. Noise barriers shall comply with Figure 3B-16 of the EIR. Development of Future Sensitive Receivers: To avoid significant impacts to future sensitive receivers that may be constructed within approximately 1,500 feet of the proposed Cannon Road or College Boulevard alignments, the City shall require all new development placed adjacent to these roadway alignments to prepare detailed acoustical studies demonstrating that on-site noise levels will meet City standards if the road is built and require deed restriction to be processed with village-level approvals to disclose adjacent noise source. Existing Residents/The Cape: To reduce significant noise levels at The Cape due to traffic on future segments of College Boulevard where noise levels are projected to exceed 60 CNEL, the project applicant shall offer to construct noise barriers varying from three to nine feet in height on private properties as shown in Figure 3D-18 in the CEQA Findings of Fact and Statement of Overriding Considerations 14 12/12/01 30 EIR. With implementation, exterior noise levels at The Cape are anticipated to remain at or below the City’s 60 CNEL standard. Noise barriers shall comply with Figure 3B- 16 of the EIR. Prior to grading or construction of College Boulevard Reach C, the project applicant shall make an effort to gain permission from each of the affected private property owners prior to construction of barriers on private property within the Cape. Permission to construct the barriers shall be voluntary and owners may refuse the barrier construction. In the event that individual owners refuse barrier construction, noise impacts at those locations would remain significant and unmitigated. The barriers may be constructed of transparent materials (e.g., glass, Plexiglas). Where permission is granted, actual construction of the wall shall occur concurrently with the construction of College Boulevard. To obtain the permission of individual property owners, the project applicant shall: 4 Contact the homeowners and inquire as to the desirability of a barrier constructed on their backyard. W Obtain the necessary entrance and construction permits for building the barrier and the releases for maintenance of the constructed wall for those units whose owners have given a positive response. cl Construct the wall. For off-site properties subject to noise levels in excess of City noise standards and where permission is required and granted to construct noise barriers (e.g., The Cape), the following mitigation is required as a condition for approval of the Final Map or Grading Plans, whichever occurs first: Prior to completion of College Boulevard Reach C: a) The project proponent shall construct noise walls to conform to the design requirements described in the Master Plan and this EIR (e.g., Figure 3B-16). b) An acoustical study shall be prepared and submitted to the City demonstrating that barriers are sufficient to reduce exterior noise levels to the City’s 60 CNEL standard or below. c) Amended codes, covenants, and restrictions (CC&Rs) shall be reviewed by the City for barrier maintenance. 5) Agriculture a) Impact: Both College Boulevard and Cannon Road are adopted General Plan circulation element roadways. Previous environmental analysis conducted for the final EIR for the Calavera Hills Master Plan (1993) indicated that, prior to inclusion on the circulation element, there is no possible rerouting of the Cannon Road and College Boulevard alignments that allows these roads to function as planned while at the same time avoiding impacts to active agricultural areas or prime agricultural soils. The project roads are required to connect already urbanized and developing areas east of El Carnino Real with urbanized areas to the west, south, and north. Given that earlier approvals acknowledged that avoidance of a significant impact to prime agricultural soils is possible only with selection of the No Project alternative, implementation will result in a significant impact. a) Finding: To reduce significant direct and indirect impacts to prime agricultural soils and ongoing agricultural operations affected by construction of project segments of College Boulevard and Cannon Road, the following measure shall be shown on the grading and improvement plans for all reaches of College Boulevard and Cannon Road and detention basins “BJB” and “BJ.” 1. Proposed detention basins and project segments of College Boulevard and Cannon Road shall maintain a site access throughout construction and subsequent operation of the roadways and basins to ensure continued access to all remaining active agricultural areas. CEQA Findings of Fact and Statement of Overriding Considerations 15 12/12/01 31 6) Public Facilities The following measures regarding city administrative facilities, library, and wastewater treatment are required as a condition of approval for the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first. City Administrative Facilities a> The proposed project reports a total of 6,004 persons, or 239 persons more than the Impact: 1989 analysis. The impact of increasing buildout population by 239 persons from the development of Phase II does not significantly affect the results of the previous analysis, which concluded that city administrative facilities will be adequate and in conformance with the adopted performance standard through buildout of the zone. With the 1991 formation of the City of Carlsbad Community Facilities District (CFD) No. 1, funding for all Uure city administrative facilities is guaranteed to buildout of the city. Zone 7 property owners are participants in this CFD program. Significant impacts to City administrative facilities will not occur. 4 Finding: Implementation of the following measure reduces or avoids the potential impact: 1. Prior to the issuance of building permits, the developer shall pay public facilities fees, which constitute the required financial guarantee and Zone 7 mitigation for city administrative facilities. Library Facilities 9 Impact: The approved 1989 Zone 7 LFMP requires that 800 square feet of library space be scheduled for construction within a five-year period for every 1,000 population within the zone. Implementation of the proposed project will significantly contribute to the impact to library facilities. b) Finding: Implementation of the following measure reduces or avoids the potential impact: 1. Prior to the issuance of building permits, the developer shall pay public facilities fees, which constitute the required financial guarantee and Zone 7 mitigation for library facilities. Wastewater Treatment Capacity cl Impact: The Zone 7 LFMP requires that adequate wastewater treatment capacity is available for development for at least five years. In addition, all private development within Zone 7 is required to pay Carlsbad Municipal Sewer fees prior to the issuance of building permits. 4 Finding: Implementation of the following measure reduces or avoids the potential impact: 1. Prior to the issuance of building permits, the developer shall pay Carlsbad municipal sewer fees. No additional mitigation is required. Parks 4 Zone 7 has been determined to have a surplus supply of parks throughout anticipated Impact: buildout of the zone (Planning Systems 1999) based on current City policy which recognizes future Larwin Park as funded within the next five years. As a result, at buildout the additional population associated with the proposed project will have a less than significant impact on parks. In the event the City modifies their policy in the future regarding Larwin Park or eliminates its funding and provides no replacement park activity areas within Park District 2, this could become a significant impact due to its inconsistency with the Growth Management Plan. CEQA Findings of Fact and Statement of Overriding Considerations 16 12/12/01 34 d) Based on current City policy, sufficient parkland is available and funded to meet the Finding: adopted performance standard for park requirements in Park District 2, and thus no mitigation is required. The City of Carlsbad Public Works/Parks and Recreation city staff is required to demonstrate annually that the project complies with Growth Management Plan for park facilities in this park district. In the event City policy changes, or public funding for proposed parkland is withdrawn or redirected to the degree that the performance standard of 3 acres of parkland per 1,000 population is no longer attained, then the developer shall provide sufficient funding for parkland to allow the proposed development to proceed prior to the issuance of building permits. Drainage e) Figures 2-l and 3B-15 of the final EIR show the location and configuration of large- Impact: scale detention basin improvements that will be constructed to retain storm water runoff in conjunction with anticipated Zone 7 Phase II development (Basins“BJB”). e) Finding: Project design and proposed drainage improvements detailed in the EIR reduce potential impacts to a less than significant level. These measures include the following: Table 3F-2 shows the on-site drainage improvements that will be implemented in conjunction with anticipated Zone 7 Phase II development. The following additional off-site improvements are required to reduce or avoid the potential for flooding of downstream properties: 1. Prior to issuance of a grading permit, the project proponent shall ensure that construction of first phase improvements for the future Basin “BIB” are adequate to mitigate the flows from the Calavera Hills development such that there is no increase to drainage flow discharged into the Calavera Creek north and adjacent to the Ranch0 Carlsbad Mobile Home Park. 2. As a condition for approval of the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first, the project proponent shall show proof of payment or credit for construction of facilities “BIB” of the existing Local Drainage Area Fee program and participation in the financing of the expanded Master Drainage Plan improvements required to mitigate existing flooding problems within the Ranch0 Carlsbad Mobile Home Park downstream of the Calavera Hills Master Plan development. Implementation of these measures mitigates the project impacts to below a level of significance. Fire Facilities f) Impact: Even if relocation of Fire Station No. 3 is delayed, implementation of the proposed project will have a less than significant impact on accomplishing the City’s Fire Facilities Performance Standard because the number of total dwelling units outside the five-minute response time boundary will still not exceed the threshold standard of 1,500 dwelling units 0 If at some time in the future, the City of Carlsbad Finding: No mitigation is necessary. determines that the Fire Service performance standard is no longer being met due to the fact that the tire station has not been relocated to the comer of Carlsbad Village Drive and Glasgow Drive, the City must adopt measures to ensure the adequate fire protection can be provided. If such measures are not adopted, then development within the fire district will be restricted or halted. Sewer Collection, Facilities g) Impact: It is anticipated that all future Zone 7 Phase II development will utilize the NAHISAHTI trunk system and that no additional sewage is projected to be directed toward the VistaKarlsbad Interceptor Line from VC13 or below. Both the NAHI and SAHTI connect CEQA Findings of Fact and Statement of Overriding Considerations 17 12/12/01 33 to the Vista Carlsbad interceptor in the southernmost portion of the system at VC1 1 and VC14. The draft Year 2000 study conducted by the Carlsbad Municipal Water District (CMWD) for the NAHI sewer line evaluated the theoretical maximum flow rate that can be accommodated with the existing NAHI line and the Foxes Landing Lift Station. The earliest the SAHTI trunk line is expected to come on-line is mid to late 2002. When completed, the line will accept all Zone 7C flow, which includes the vast majority of Phase II. Phase II development occupancies may occur prior to installation of this line. This is considered a significant impact requiring mitigation. In the event that development occupancies occur and no permanent or acceptable temporary solution is proposed to resolve the downstream regional SAHl sewer issue, the City or a developer will be required to install this line, or an otherwise acceptable temporary solution, as a condition of development. 8) Finding: On-site sewage collection trunk line requirements for future Phase II development are shown on Table 3F-3. In addition, subject to approval by the City Public Works Director, significant direct and indirect long-term impacts to sewer collection facilities shall be reduced to below a level of significance through implementation of the following measure: The proposed development project shall participate in the existing fee program for financing the South Agua Hedionda system. If South Agua Hedionda is not completed prior to the project’s need for capacity, the project shall implement one of the following alternatives: 1) Divert flows to the North Agua Hedionda Interceptor as all flows are currently diverted. 2) If the North Agua Hedionda Interceptor is full, the project shall do one of the following: 4 Construct improvements on the North Agua Hedionda line to increase the capacity. This could require construction of a temporary storage reservoir to regulate flows; b) Construct an interim South Agua Hedionda Lift Station to meet the needs of the proposed project; C> Construct an interim lift station to pump into the Buena Vista Drainage Basin with all required conveyance facilities to be constructed in road rights-of-way; or 4 Construct an interim lift station to pump flows into the Encinas Creek Basin. All new conveyance facilities are to be constructed in road rights-of-way. Water Distribution System W W 1. 7) a) a) Impact: No distribution line changes to the water facility analysis and conclusions of the 1989 Zone 7 LFMP will be necessary as a result of the proposed land use redistribution in the proposed project. The adopted Zone 7 LFMP indicates that, with mitigation, water facilities will meet the adopted performance standard through buildout of the zone. Finding: Implementation of the following measure reduces or avoids the potential impact: The developer shall contribute to the construction of regional water facilities, funded by CMWD through payment of water fees. On-site water distribution improvements to deliver water to the new residences shall be in place prior to occupancy. Table 3F-4 of the EIR lists the proposed on-site improvements to the water distribution system. Biological Resources Impact: The proposed project would impact listed species, sensitive plant communities, including two non-sensitive plant communities listed as significant, habitat resources for sensitive wildlife species in the City of Carlsbad’s draft HMP, (1999) and habitats considered sensitive under CEQA, and wetlands. Finding: Significant impacts to listed species, sensitive plant communities and habitats, and wetlands can be mitigated to below a level of significance with mitigation measures listed CEQA Findings of Fact and Statement of Overriding Considerations 18 12/12lOl 34 below. This includes the plant communities identified as sensitive under CEQA and two non- sensitive plant communities listed the City of Carlsbad’s draft HMP (City of Carlsbad 1999) and classified as significant habitat resources for sensitive wildlife species: southern mixed and chamise chaparral and non-native grassland. The Draft HMP provides mitigation guidelines for impacts to these communities. These impacts are not considered significant under CEQA and, if the Draft HMP is not approved or adopted by the City as currently published, these impacts would not require mitigation. Additionally, all projects would be required to obtain applicable permits for impacts to listed species as per Section 10(a) or Section 7 of the federal Endangered Species Act. The following measures are required as a condition of approval for the master tentative map’s (CT-OO- 02) Final Map or Grading Plan, whichever occurs first. Calavera Hills Master Plan Phase II 1) Sensitive Plant Communities Diegan Coastal Sage Scrub: The project applicant shall mitigate for impacts to 80.8 acres Diegan coastal sage scrub (DCSS) at a ratio of 2: 1 through the on-and off-site site preservation of 161.6 acres of DCSS and restoration of 2.4 acres DCSS along manufactured slopes, for a total of 164 acres. Based on the Draft HMP “hard line” open space areas, a portion of the manufactured fill slope on the southern side of Village K (see EIR Figure 3G-4) would be located within the open space side of the “hard line,” but would be required to be revegetated with coastal sage scrub. The project applicant shall ensure that no part of any fire suppression zone shall be allowed within the Draft I-IMP “hard-line” open space areas except at Village K and Village X. Mitigation for this impact will require a modified program for fire suppression (which reduces the fire suppression horizontal distances of the zones) and a pull-back of the structural development within these areas. Southern Mixed and Chamise Chaparral: Significant impacts to southern mixed and chamise chaparral shall be mitigated regardless of the approval status of the Drawl HMP. The project applicant shall mitigate for impacts to 27.5 acres of southern mixed and chamise chaparral at a ratio greater than the required 1: 1 through preservation of 38.9 acres of like habitat. Non-Native Grasslands: Significant impacts to non-native grasslands shall be mitigated regardless of the status of the Draft HMP. The project applicant shall mitigate for impacts to 2.0 acres of non-native grasslands off-site at a 0.5: 1 ratio for a total of 1 .O acre. In total, the proposed project retains 18.2 acres of non-native grasslands within the on-site open space preservation area. Cismontane Alkali Marsh: The project applicant shall mitigate for impacts to 0.1 acre of cismontane alkali marsh (seasonal) at a 3: 1 ratio or 0.3 acre. This shall be accomplished through restoration of wetland habitat either on- or off-site at a location acceptable to the resource agencies and City of Carlsbad. Eucalyptus Woodlands/Disturbed Lands: Impacts to eucalyptus woodland (1 acre) and disturbed lands (13.9 acres) shall be mitigated only if the Draft HMP is approved. If the Draft HMP is not approved, impacts these lands would not be considered significant under CEQA and would not require mitigation. If the Draft HMP is approved and resources are determined to be subject to the City of Carlsbad “In-lieu Mitigation Fee,” the project applicant shall pay for each acre of impact to eucalyptus woodland/disturbed lands at an amount to be determined by the City Council. CEQA Findings of Fact and Statement of Overriding Considerations 19 12/12/01 32- Bridge and Thoroughfare District/Detention Basins 1) Sensitive Plant Communities Diegan Coastal Sage Scrub: The project applicant shall mitigate for impacts to sensitive resources as follows: l College Boulevard (Reach A). Impacts to 1.5 acres of DCSS shall be mitigated at a ratio of 2: 1 through the preservation of 3.0 acres at a location acceptable to the City of Carlsbad and responsible agencies. l College Boulevard (Reach B). Impacts to 3.2 acres of DCSS shall be mitigated at a ratio of 2: 1 through the preservation of 6.4 acres at a location acceptable to the City of Carlsbad and responsible agencies. l College Boulevard (Reach C). Impacts to 5.7 acres of DCSS have been previously mitigated as part of Calavera Hills Phase I Mitigation Program for the development of Villages Q and T. l Cannon Road (Reach 4). Impacts to 16 acres of DCSS at a ratio of 2:l through the on-site preservation of 32 acres. Impacts shall be mitigated at a location acceptable to the City of Carlsbad and responsible agencies. Southern Mixed and Chamise Chaparral: The project applicant shall mitigate for impacts to sensitive resources as follows: l College Boulevard (Reach C). Impacts to 6.6 acres of southern mixed and chamise chaparral have been previously mitigated as part of Calavera Hills Phase I Mitigation Program for the development of Villages Q and T. Non-native Grasslands: The project applicant shall mitigate for impacts as follows: l College Boulevard (Reach A). Impacts to 1 .O acre of non-native grasslands at a 0.5: 1 ratio for a total of 0.5 acre of like habitat. Impacts to non-native grasslands shall be mitigated off-site, at a location determined acceptable by the City of Carlsbad l Cannon Road (Reach 3). Impacts to 0.7 acre of non-native grasslands at a 0.5: 1 ratio, for a total of 0.35 acre, of like habitat. Impacts to non-native grasslands shall be mitigated off-site, at a location determined acceptable by the City of Carlsbad. l Cannon Road (Reach 4). Impacts to 0.2 acre of non-native grasslands at a 0.5: 1 ratio, for a total of 0.1 acre, of like habitat. Impacts to non-native grasslands shall be mitigated off-site, at a location determined acceptable by the City of Carlsbad. Cismontane Alkali Marsh: The project applicant shall mitigate for impacts as follows: l Cannon Road (Reach 3). Impacts to 0.6 acre of cismontane alkali marsh shall be mitigated at a 3: 1 ratio for a total of 1.8 acres of like habitat. This shall be accomplished through restoration of wetland habitat either on- or off-site at a location acceptable to the resource agencies and City of Carlsbad. l Cannon Road (Reach 4). Impacts to 0.1 acre of cismontane alkali marsh (seasonal) shall be mitigated at a 3: 1 ratio for a total of 0.3 acres of like habitat. This shall.be accomplished through restoration of wetland habitat either on- or off-site at a location acceptable to tl and City of Carlsbad Riparian Woodland: The project applicant shall mitigate for impacts as follows: l College Boulevard (Reach A), Impacts to 0.6 acre of riparian woodlands shall ratio for a total of 1.8 acres of like habitat. he resource agencies be mitigated at a 3: 1 CEQA Findings of Fact and Statement of Overriding Considerations 20 12/12/01 l College Boulevard (Reach B). Impacts to 0.7 acre of riparian woodlands shall be mitigated at a 3: 1 ratio for a total of 2.1 acres of like habitat. l Cannon Road (Reach 3). Impacts to 0.6 acre of riparian woodland shall be mitigated at a 3:l ratio for a total of 1.8 acres of like habitat. The replacement of five sycamores for every tree affected will be required. Mitigation shall be at a location acceptable to the resource agencies and City of Carlsbad. Riparian Forest/Riparian Scrub: The project applicant shall mitigate for impacts as follows: l College Boulevard (Reach A). Impacts to 0.3 acre of riparian scrub shall be mitigated at a 3: 1 ratio for a total of 0.9 acre of like habitat. Mitigation shall be at a location acceptable to the resource agencies and City of Carlsbad. l Cannon Road (Reach 3). Impacts to 0.2 acre of riparian scrub shall be mitigated at a 3,:l ratio for a total of 0.6 acre of like habitat. Mitigation shall be at a location acceptable to the resource agencies and City of Carlsbad. l Cannon Road (Reach 4). Impacts to 0.1 acre of riparian scrub (Reach 4) shall be mitigated at a 3: 1 ratio for a total of 0.3 acre of like habitat. Mitigation shall be at a location acceptable to the resource agencies and City of Carlsbad. Eucalyptus Woodland, Agricultural, Disturbed Lands: The project applicant shall mitigate for impacts as follows: l College Boulevard/Cannon Road. If the draft HMP is adopted, the project applicant shall pay a per-acre fee, at an amount to be determined by the City of Carlsbad City Council, to mitigate for impacts to eucalyptus woodlands (1.5 acres), agricultural lands (30 acres), and disturbed lands (6.0 acres). 2) Sensitive Wildlife Coastal California Gnatcatcher: Construction impacts to active nests will be avoided by removing the DCSS within the project area outside of the breeding season (February 15 to August 30) unless a qualified biologist determines that there would be no impacts. A qualified biologist shall monitor all vegetation removal to ensure no direct impacts occur to individual birds or nests. Raptors: Construction impacts to nesting raptors will be avoided by removal of any tree in the project area between September and January, outside of the breeding season. If tree removal must be conducted during the breeding season, a raptor nest survey shall be conducted by a qualified biologist prior to any removal to determine if any raptor nests are present. If an active nest is discovered, a buffer shall be established around the tree until the young are independent of the nest site. Least Bell’s Vireo: All vegetation within the riparian scrub shall be removed outside of the breeding season (March 15 to September 15) to ensure that no direct impacts occur to these species. Additionally, a biologist shall monitor all vegetation removal to ensure no direct impacts occur to individual birds or nests. 3) Wetlands and Non-Wetland Jurisdictional Waters For all the project components, impacts to U.S. Army Corps of Engineers (USACE) wetlands and non- wetland jurisdictional waters of the U.S. and CDFG jurisdictional wetlands require a 404 permit from USACE, a 401 water quality certificate or waiver thereof from the Regional Water Quality Control Board (RWQCB), and a 1600 Streambed Alteration Agreement from CDFG. All project components shall be included in an individual 404 permit from USACE. The impacts to wetlands and non-wetland jurisdictional waters are described in detail in the final EIR and total 3.3 acres. The habitats impacted CEQA Findings of Fact and Statement of Overriding Considerations 21 12/12/01 37 include riparian scrub (0.6 acre), riparian woodland (1.9 acres), alkali marsh (0.7 acre), and non- wetland jurisdictional waters (0.1 acre). Pursuant to pending wildlife agency permits (USACE 404, RWQCB 401, and CDFG 1603), the wetland creation necessary to mitigate wetland impacts could occur in two locations at a ratio of 3: 1 for wetland habitats and a ratio of 1: 1 for non-wetland jurisdictional areas. The two locations are adjacent to Basin “BJ” in Little Encinas Creek (3.6 acres) and within Calavera Creek north of Basin “BIB” (7 acres). Approval of the wetland mitigation areas is required by the resource agencies as part of the 404 and 1600 permitting process. Calavera Hills Master Plan Phase II Calavera Nature Preserve- Village Z: To assure that funding is available for long-term maintenance of the Calavera Nature Preserve (Village Z of the Calavera Hills Master Plan), the following mitigation is required and also included in the 1993 Mitigation Agreement (see final EIR Appendix G). In order to provide for the cost of the long-term maintenance and biological monitoring program for the preserve, following the end of the initial five-year management period (November 1998 to November 2003), a long-term management program shall be defined and funded. The long-term management program shall be defined through a line item scope of work description and associated costs, to be prepared no earlier than the end of year two and no later than the end of year four, of the initial five-year management period. The property owner/on-site environmental manager will initially propose a scope of work for the long-term management program. The scope of work shall then be subject to peer review by the City. Based upon the scope of work and associated costs, agreed to by the developer or their successors and the City, a funding mechanism designed to finance preserve maintenance into perpetuity shall be provided by the developer or their successors. The funding for the long-term maintenance can be an annuity or other mechanism agreed to by the developer and the City. Managing the long-term maintenance program may be a separate agreement between the City and The Environmental Trust. 8) Archaeology/Cultural Resources 4 Impact: There are 14 unevaluated sites recorded within and immediately adjacent to the proposed College Boulevard and Cannon Road alignments. These resources must be evaluated to determine their eligibility criteria for the California Register of Historical Resources, as required under CEQA and their significance under the Cultural Resource Guidelines. The evaluations will include surface and subsurface testing investigations, updates of site records for each evaluated resource, and a summary report and agreements for the long-term curation of the archaeological collections. If significant sites will be impacted as a result of the proposed improvements, then mitigation will be required. a) Fourteen sites and one isolate are recorded within and immediately adjacent to the Finding: proposed alignment and alternative alignments for the College Boulevard and Cannon Road segments. Depending on the alignment selected, significant impacts could result. To avoid or reduce potentially significant impacts to archaeological resources, the project includes the following measures on the grading and improvement plans for College Boulevard and Cannon Road. 1. As a condition of approval for the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first, and upon selection or approval of final roadway alignments by the City Council: The project applicant shall provide a letter of verification to the City of Carlsbad CEQA Findings of Fact and Statement of Overriding Considerations 22 12/12/01 38 2. 3. 4. 5. 6. 9) 4 a) Planning Director that a qualified archaeologist/cultural resource specialist has been retained to conduct a field investigation for the selected alignment(s). Prior to any disturbance, a qualified archaeologist/cultural resource specialist shall conduct a site investigation for resources located in the selected alignments of preferred College Avenue alignment (Reach B) College Boulevard and Cannon Road to determine if any of the affected sites meet the criteria for importance under CEQA and significance under the Cultural Resource Guidelines. The project applicant shall submit the results of the full archaeological/CEQA significance assessment and related mitigation to the City of Carlsbad Planning Department prior to commencement of clearing, grubbing, or grading activities for roadway or detention basin construction. The test program for each site shall consist of mapping, a surface collection, surface scrapes, and subsurface test probes. If a subsurface deposit is identified as a result of the subsurface test probes, up to three 1x1 -meter units shall be hand excavated to provide a sample of site contents. Where bedrock milling is present, each feature shall be measured, drawn to scale, and photographed. Following site investigation, the qualified archaeologist/cultural resource specialist shall analyze recovered cultural material and a summary report shall be prepared and submitted to the City of Carlsbad Director of Planning, the client, the South Coastal Information Center (SCIC), and the San Diego Museum of Man (SDMM). The summary report shall document the significance assessment investigations, present discussions and supporting data concerning the site’s ability to address applicable research issues, and make recommendations for future treatment and impact mitigation. The qualified archaeologist/cultural resource specialist, in cooperation with the responsible agency, shall update or complete site records, submit them to the SCIC and the SDMM, and make arrangements for the curation of the collections as needed following completion of the site investigation and preparation of a summary report. Prior to any disturbance and after release of the site investigation results, a treatment plan detailing the mitigation of impacts to important sites will be prepared by a qualified archaeologist and approved by the responsible agency. The qualified archaeologist/cultural resource specialist shall develop mitigation for any eligible sites consisting of preservation of significant resources in open space. If this is not feasible, a data recovery program shall be carried out. This plan shall be implemented as a condition of the application for grading permits. Prior to approval of the master tentative map’s (CT-00-02) Final Map, Grading Plan approval, or any other surface disturbance, and after release of the site investigation results, the project applicant shall not proceed with plans to construct any College Boulevard or Cannon Road alignment found to result in significant and unmitigated impacts to cultural/archaeological resources without first circulating the results to the public and allowing comment during an additional environmental review period. Paleontology Impact: Adverse impacts to paleontological resources could occur during grading for the Master Plan and any of the proposed road extension alignments. Grading for these projects could also impact paleontological resources in the “BJB” and “BJ” detention basins. Finding: The following paleontological measures consistent with the city’s paleontological mitigation program shall be required on the grading and improvement plans for College Boulevard and Cannon Road and the detention basins. In addition to compliance with the City’s adopted paleontological mitigation program, the following measures shall be made a CEQA Findings of Fact and Statement of Overriding Considerations 23 12/1UOl 1. 2. 3. 4. 5. 10) a) a) condition of the master tentative map’s (CT-00-02) Final Map or Grading Plan approval, whichever occurs first: A qualified paleontologist shall be retained to perform periodic inspections of excavations and, if necessary, salvage exposed fossils. The frequency of inspections will depend on the rate of excavations, the materials being excavated, and the abundance of fossils. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil to facilitate evaluation and, if necessary, salvage. Because of the small nature of some fossils present in these rock units, matrix samples should be collected for processing through fine mesh screens. Provisions for preparation and curation shall be made before the fossils are donated to their final repository. All fossils collected should be donated to a museum with a systematic paleontological collection, such as the San Diego Natural History Museum. Hydrology/Water Quality Impact: There is the potential for short-term erosion and sedimentation impacts due to grading for development and the proposed project could have significant impacts on downstream water quality. Finding: The project will be required to comply with the National Pollutant Discharge Elimination System (NPDES) permit regulations as promulgated by the California Regional Water Quality Control Board for the San Diego region. Current regulations require the control of non-storm water discharges to the storm water conveyance system and development and implementation of a monitoring and reporting program to assess the storm water pollution prevention plan. The RWQCB has developed new regulations for the NPDES permit (Tentative Order No. 2001-01). The following mitigation measures shall be required on the grading and improvement plans for College Boulevard and Cannon Road and the detention basins. In addition, the measures shall be made a condition of the master tentative map’s (CT-00-02) Final Map or Grading Plan approval, whichever occurs first. As a condition of approval of the master tentative map’s Final Map or Grading Plan, whichever occurs first, all project components the project will be required to adhere to applicable RWQCB the new regulations and to control sedimentation and erosion, including installation of temporary detention basins or other means of stabilization or impoundment required by the State Water Resources Control Board. The following guidelines shall be used during design and implemented during construction to reduce runoff and minimize erosion: 1. Comply with current drainage design policies set forth in the City of Carlsbad procedures. 2. Create desiltation basins where necessary to minimize erosion and prevent sediment transport, until the storm drain system is in place and streets are paved. 3. Landscape all exposed, manufactured slopes per City of Carlsbad erosion control standards. 4. Phase grading operations and slope landscaping to reduce the susceptibility of slopes to erosion. 5. Control sediment production from graded building pads with low perimeter berms, desiltation basins, jute matting, sandbags, bladed ditches, or other appropriate methods. 11) Air Quality a) Impact: The San Diego Air Basin is considered a nonattainment area for particular air pollutants, and thus, all sources of emissions in the basin may be considered as contributing to CEQA Findings of Fact and Statement of Overriding Considerations 24 12/12/01 YO 4 1. 2. 3. 4. 5. 6. 7. 8. a significant air quality impact. Emission from construction activities could be significant without the mitigation measures listed below. Finding: Emission from construction activities, which are localized and short term, can be mitigated using appropriate control measures. The construction mitigation measures listed below should be included as conditions of approval of grading permits. Each contractor/applicant is responsible for this task upon verification by the City of Carlsbad. The phasing of the various construction projects is considered beneficial in terms of reducing concurrent emissions from construction activities. All project construction activities (e.g., grading, blasting, materials processing) are subject to the City of Carlsbad Grading Ordinance and are required to implement the following Best Management Practices (BMPs) measures to reduce impacts from fugitive dust and construction-related emissions. As conditions of the master tentative map’s (CT-00-02) Final Map, Grading Plan, and the grading plans for College Boulevard and Cannon Road (BTD No. 4) and detention basins, whichever occurs first, and to be included as notes and exhibits on the grading plan and subsequent improvement plans, the following mitigation measures will be required: All unpaved construction areas shall be sprinkled with water or other dust control agents acceptable to the San Diego Air Pollution Control District (APCD) during dust-generating activities to reduce dust emissions. Additional watering or acceptable APCD dust control agents shall be applied during dry weather or windy days until dust emissions are not visible. Trucks hauling dirt and debris shall be covered to reduce windblown dust and spills. On dry days, dirt or debris spilled into paved surfaces shall be swept up immediately to reduce resuspension of particulate matter caused by vehicle moveme@. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. On-site stockpiles of excavated material shall be covered or watered. During on-site rock crushing, rock materials undergoing processing shall be watered at sufficient frequency. The project shall install an automatic water, mist, or sprinkler system in areas of rock crushing and conveyor belt systems. The project shall abide by all conditions of approval for dust control required by the San Diego APCD. Low pollutant-emitting construction equipment shall be used. Construction equipment shall be equipped with prechamber diesel engines (or equivalent) and shall receive proper maintenance and operated so as to reduce emissions of nitrogen oxide, to the extent available and feasible. 9. Where feasible, electrical construction equipment shall be utilized. Incorporation of these measures reduces construction-related air quality impacts to below a level of significance. 12) Geology and Soils Calavera Hills Master Plan Phase II Impact: The presence of expansive/unstable soils presents a constraint to development where any of the following occurs: highly expansive soils, compacted fills of 30 or more feet in thickness, or differential fill where thickness conditions exceed 3: 1 across a given lot. Finding: Implementation of standard engineering remedies, including post-tensioned or conventional foundations systems, ensures that impacts associated with development on expansive or compacted soils or soils of differential fill thickness are avoided or reduced to below a level of significance. The following specific mitigation is proposed: CEQA Findings of Fact and Statement of Overriding Considerations 25 12/12/01 w As a condition of approval of the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first, the project applicant shall implement the following general and specific measures to reduce impacts to a less than significant level. These include: 1) Grading Subject to the approval of the City Engineer Public Works Director, fill and cut slopes shall be stabilized consistent with recommendations included in the geotechnical report. Site excavation and grading shall employ remedial earthwork for all villages (including but not limited to shear key construction for all fill slopes, removal and recompaction of colluvial topsoils, and overexcavation of transition pads or cut pads exposing bedrock transitions or expansive soil). Buttresses and/or stabilization tills do not appear to be necessary but may be required depending on future slope stability analyses or field experience. Overexcavation may be required below the depth of the lowest utility line for street areas exposing hard rock. Conventional grading and drill and shoot excavation may be required within all villages except Villages H and R (Villages H, R, along with Village E-l which are not part of master tentative map CT-00-02 and will receive separate grading approvals), where conventional grading equipment should be sufficient. Grading and blasting activities (specifically, ripping and blasting of boulders) shall conform to the recommendations outlined in the geotechnical study, City of Carlsbad Grading Ordinance, and San Diego County Blasting Ordinance, as they apply. 2) Expansive Soils, Slopes, and Foundations Post-tensioned foundations shall be employed for areas with highly expansive soil conditions exposing earth materials belonging to the Santiago Formation and expansive clayey bedrock materials. 3) Slope Erosion Subject to the approval of the City Public Works Director, the project proponent shall remove topsoil to the recommended depth, depending on location and recompaction requirements, as indicated in the geotechnical report prepared for the project. 4) Foundations Subject to the approval of the City Public Works Director, the project proponent shall monitor settlement at locations identified in the geotechnical study. At a minimum, the project applicant shall employ post-tensioned foundations for areas where structures overlay compacted fills approximately 30 feet or more in thickness or where differential fill thickness exceeds 3:1 across the lot. Bridge and Thoroughfare District No. 4 Grading, Expansive Soils, Slopes, Foundations, Slope Erosion b) The two alignments for each roadway have the same general soil conditions and, Impact: therefore, share the same geologic concerns. Constraints include the potential for settlement requiring monitoring where significant fills are proposed in alluvial areas that contain large amounts of potentially compressible soils. Although these constraints represent a potentially significant geological impact, the impact is easily mitigated with standard remedial grading and road construction techniques. Very dense exposures of igneous bedrock will likely require drill and shoot blasting techniques in order to excavate. This is considered a significant impact. W Finding: In order to reduce impacts associated with grading and blasting activities, the following measures will be required on the grading and improvement plans for College Boulevard and Cannon Road and also made a condition of approval for the master tentative map’s (CT-00-02) Final Map or Grading Plan, whichever occurs first, and upon selection or approval of final roadway alignments by the City Council: 1. Subject to the approval of the City, the project applicant shall, depending on location and recompaction requirements, remove topsoil to the recommended depth as indicated in the CEQA Findings of Fact and Statement of Overriding Considerations 26 12/12/01 44 2. 3. 4. 5. 6. 7. 8. 9. II. geotechnical report prepared for the proposed College Boulevard and Cannon Road alignments. Subject to the approval of the City, the project applicant shall stabilize fill and cut slopes consistent with the recommendations included in the geotechnical report. Subject to the approval of the City, the project applicant shall monitor settlement at intervals and locations identified in the geotechnical study. Subject to the approval of the City, the project applicant shall provide adequate subdrainage in canyon areas consistent with recommendations in the geotechnical study. Grading and blasting activities (specifically, ripping and blasting of boulders) shall conform to the recommendations outlined in the geotechnical study and requirements of the City of Carlsbad Grading Ordinance and San Diego County Blasting Ordinance as they apply. Subject to the approval of the City, the project applicant shall ensure that toe keys are constructed in side-hill fills consistent with the recommendations of the geotechnical study. Prior to construction, oversize rock shall be disposed of within the deeper fills. Rock in excess of eight inches shall be placed a minimum of one foot below the lowest utility in road areas. Final determination of rock disposal requirements shall be in compliance with the City of Carlsbad Grading Ordinance. Prior to grading of the proposed College Boulevard or Cannon Road alignments, a detailed subsurface investigation shall be performed and additional measures identified if necessary to remediate adverse geological conditions. Public Resources Code Section 21081(a)(2) The City Council, having reviewed and considered the information contained in the final EIR for the project and the public record, finds there are no changes or alterations to the project which avoid or substantially lessen the significant environmental impacts that are within the responsibility and jurisdiction of another public agency. III. Public Resources Code Section 21081(a)(3) Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR to reduce the following significant cumulative impacts to landform alteration/visual quality. 1) Infeasibility of Mitigation for the Significant Unmitigated Impacts Landform Alteration/Visual Quality 4 Impact: The proposed project, in combination with other cumulative projects in the area, will contribute to the long-term alteration of the existing landforrn/visual setting from open space to urban development. 4 As discussed in Chapter 5 of the final EIR, the project is consistent with the adopted Finding: land use plan and zoning, and the conversion of open space and agricultural lands in this area is planned and anticipated. Development cannot proceed as anticipated without the alteration of land to accommodate needed infrastructure and suitable building sites. 2) Infeasibility of Project Alternatives to Reduce or Avoid Significant Impacts Several land use variations were considered in the EIR, including variations for development of Village E- 1 (proposed for Residential Medium High), Village K (proposed for Residential Medium), Village H (proposed for Open Space and Community Facility), Village U (proposed for Residential Medium High), and Village Y (proposed for Residential High), in response to comments received CEQA Findings of Fact and Statement of Overriding Considerations 27 12/12/01 43 from the public on the Notice of Preparation and subsequent public scoping meetings. Although significant environmental impacts have not been identified for the uses presently proposed, several of the alternatives would result in significant impacts. Mitigation measures identified for the project when applied to other development variations are sufficient to reduce any potentially significant impacts to below a level of significance. For the following land use variations: community facility at Village E-l, multi-family residential uses on 2.0 acres in Village H, alternative/additional community facilities at Village Y entrance/College Boulevard, and the reduced intersection elevation for College Boulevard/Cannon Road alternative (Alternative 3), measures can either avoid or reduce significant impacts to below a level of significance with only minor changes or adjustments to the proposed mitigation (e.g., mitigation ratios for biological impacts). Therefore, the following discusses only those alternatives considered infeasible because impacts exceed those that would otherwise occur with implementation of the project or another alternative. a. No Project Alternative The No Project alternative retains the remaining villages within the Master Plan in their present undeveloped condition. This alternative would not achieve the goals and objectives of the project and the existing Calavera Hills Master Plan or the City of Carlsbad General Plan. The proposed residential buildout of the Master Plan, extension of the College Boulevard and Cannon Road roadway links, flood control facilities, receipt of fees for schools and public facilities, and permanent retention of open space as proposed in the Draft HMP would not occur as proposed. The No Project alternative typically implies no development of the project site. As a result, the identified impacts related to biological resources, archaeology/cultural resources, visual quality, public facilities and services, air quality, noise, water quality, and traffic congestion associated with the proposed project would be eliminated. Finding: The City Council finds, pursuant to Public Resources Code 21081(a)(3), that specific economic, legal, social, technological, or other considerations make infeasible the No Project alternative identified in the EIR. Implementation of the No Project alternative for Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. 4, and Detention Basins would lessen or avoid the impacts identified in the EIR for the proposed project. However, this alternative is infeasible in that it would not achieve the goals and objectives of the project, the adopted Calavera Hills Master Plan, or the City of Carlsbad General Plan, including the circulation element. The General Plan objectives of providing housing, public facility improvements, and roads would not be met for Zone 7. Consequently, adoption of the No Project alternative would not be consistent with the need for new residential uses and supporting regional serving facilities, services, and improvements. b. Approved Calavera Hills Master Plan Alternative This alternative is a variation of the No Project alternative that considers implementation of the current Calavera Hills Master Plan as approved. The existing land use designations and zoning for the remaining Villages would be retained. As shown in Figure 3A-1 and Table 3A-1 of the final EIR, the adopted Master Plan would result in 795 residential units; a 14-unit increase over the proposed amendment. In addition, the adopted Master Plan would result in the following: l Village E- 1 would remain designated for community commercial use; l The 1 lo-acre Calavera Nature Preserve parcel would not be added to the Master Plan, Although the GDP would allow 44 additional units to be developed on this parcel, subsequent actions to preserve the site prevent future development and require preservation (see Appendix G to the final EIR); CEQA Findings of Fact and Statement of Overriding Considerations 28 12/12/01 w l Draft HMP open space corridor would not be created through Village K; l Overall open space acreage would be decreased; l A designated community facility uses within the Master Plan (Village H and Y) would not occur; and l Village K would house up to a 4 16-unit apartment/condominium site and would remain as the affordable housing site. Finding: The City Council finds, pursuant to Public Resources Code 21081(a)(3), that specific economic, legal, social, technological, or other considerations make infeasible the approved Calavera Hills Master Plan alternative identified in the EIR. The adopted Master Plan is not environmentally preferable to the proposed project primarily because of the increased impacts to biological resources. Open space within the boundaries of the current Master Plan area would be approximately 25 acres less than for the proposed project. Consequently, the HMP hard line open space would not be modified to provide a wildlife corridor through Village K and linking two biological core areas. The 1 lo-acre Calavera Nature Preserve adjacent and east of the Master Plan boundary would not be added to the Master Plan but the requirement to fund and provide long-term maintenance and biological monitoring for the CNP would be unaffected because this- requirement was established as a mitigation agreement between the City and project proponent for the adopted Master Plan in 1993 (Appendix G to the final EIR). The overall traffic generation would be 9,864 average daily traffic (ADT) greater with the retention of Village E- 1 as community commercial as compared to the multi-family residential use proposed. C. Alternative Land Use Designations Village E-l: Three alternative land uses are considered for Village E-l. These include modifying the existing community commercial designation to (1) Neighborhood Commercial (N), (2) Community Facility (CF), or (3) Affordable Housing (RH). The affordable housing alternative is discussed separately below with other affordable housing alternatives. The adopted Master Plan use for Village E-l (Community Commercial (C) - 11.7 gross acres/g.0 net acres) is not entirely consistent with the adopted General Plan land use element guideline because this designation is typically applied to sites with a minimum of 10 to 30 acres. Neighborhod CummerciaZ: The neighborhood commercial land use provides for more limited retail businesses, typically as a group of smaller stores and service shops, than community commercial, which typically offers a greater depth and range of merchandise, including “big box” retailers. Neighborhood commercial centers are usually anchored by a grocery store, while a community commercial center may be anchored by a department store or home improvement supply store. Finding: The City Council finds, pursuant to Public Resources Code 21081 (a)(3), that specific economic, legal, social, technological, or other considerations make infeasible the alternative land use designation to Neighborhood Commercial for Village E- 1. Development under the alternative is rejected as infeasible because: 1. The alternative does not meet the project goals and objectives to the same degree as the proposed Calavera Hills Master Plan Phase II amendment. A study prepared for the project and alternatives (Feasibility of Developing a Retail- Commercial Shopping Center, Village E-l, Calavera Hills-College Boulevard and Carlsbad Village Drive, included as Appendix K to the EIR and on file at the City of Carlsbad) indicates that the population base of the trade area for Village E-l is insufficient to provide the necessary CEQA Findings of Fact and Statement of Overriding Considerations 29 12/12/01 sales volume for a successful commercial center, even at buildout of the City. One existing and two future commercial centers are adequate to properly serve the subject trade area. These in include the existing 1 O-acre Von’s Center at El Camino Real/Matron Road, the approved 1 S- acre Sunny Creek site at El Camino Real/College Boulevard, and the proposed 40-acre South Coast commercial site on College Boulevard, south of Highway 78 in Oceanside. The estimated daily traffic for a neighborhood commercial use at this location is 10,800 ADT as compared to 912 ADT for the multi-family use proposed for the Master Plan amendment. This use is considered compatible with adjacent land uses provided buffers and design measures are implemented to protect nearby residential areas. However, the potential for traffic conflicts between commercial and residential uses would be increased, especially at Glasgow Drive. Glasgow Drive is a busy local residential street and primary access street that would require widening if this alternative use were selected. Noise impacts to adjacent residential 2. areas would also be increased but could be mitigated by construction of a sound wall and buffer between the property and Village D (The Cape) to the south. Affordable Housing Alternative Locations: Alternative locations for affordable housing are considered for Villages K (9 acres of a total 1 &acre site), E-l (9.3 acres), and U (9-acre northern half). Village K Finding: The City Council finds, pursuant to Public Resources Code 21081(a)(3), that specific economic, legal, social, technological, or other considerations make infeasible the Village K affordable housing alternative location. Development of affordable housing at Village K, the highest point in Calavera Hills, would substantially increase land use, visual, and landform alteration impacts as compared to development of eighty-six single-family homes for the proposed project in Village K and affordable housing at Village Y. Village E- 1 Finding: The City Council finds, pursuant to Public Resources Code 21081 (a)(3), that specific economic, legal, social, technological, or other considerations make infeasible the Village E-l affordable housing alternative location. Development of affordable housing in Village E-l is a compatible land use but would incrementally increase potential traffic conflicts on Glasgow Drive that would not occur if Village E-l is developed at the lower density and affordable housing is developed at Village Y as proposed by the project. Village U Finding: The City Council finds, pursuant to Public Resources Code 2 108 1 (a)(3), that specific economic, legal, social, technological, or other considerations make infeasible the Village U affordable housing alternative location. Affordable housing development at Village U is considered a compatible land use but proximity to the hard line habitat preserve, steep slope, narrowness of the pad, need for excessive grading, and other site constraints would not accommodate the large pads necessary to construct multi-unit buildings. Grading impacts would be increased substantially as compared to the proposed project, requiring internal manufactured slopes and potentially high retaining walls both internally and along the perimeter. Viiiage H Alternative Residential Development Land Use: Two residential development uses are considered for Village H. These include the single-family residential and multi-family residential development alternatives. Single-family Residential Development: Twelve single-family homes on an approximate 6.5acre multi-level pad would be constructed instead of the two-acre community facility use as proposed. CEQA Findings of Fact and Statement of Overriding Considerations 30 12/12/01 44 Finding: The City Council finds, pursuant to Public Resources Code 21081 (a)(3), that specific economic, legal, social, technological, or other considerations make infeasible the Village H alternative residential development land use. This alternative is not preferred because it does not meet the project objectives to provide a community facility and does not increase the HMP hard line open space area within Village H. In addition, grading impacts would be increased to 10.4 acres as compared to 3.1 acres for the proposed project and encroachment into the eucalyptus grove would be greater, thus providing a less rural experience. Traffic, noise, and visual impacts would be incrementally less for the residential use than for the community facility, but neither the proposed project nor alternative would result in significant impacts. Alternative Community Facilities Site: Although not yet adopted, the City Planning Department is in the process of recommending a series of modifications to the Land Use Element of the General Plan and the Zoning Ordinance, which would articulate new requirements for community facility uses within master plans and residential specific plans. Adoption of these requirements, expected in 2001, may result in additional community facility requirements of Calavera Hills Phase II beyond those identified for the proposed project at the time this draft EIR was prepared. As presently proposed by the Planning Department, development through a master plan amends-ent involving over 100 acres of land would be required to provide a minimum of “two (2) net developable acres plus 1% of the total net developable acreage in the area included in the proposed amendment” for community facilities. The Calavera Hills Phase II net developable acreage totals 104.85 acres. If approved, the community facilities use area required for the project would total 3.0485 net acres. This is 1.048 net acres more than the 2.0 net acres presently proposed for Village H. Therefore, if the additional community facilities acreage requirement is adopted, the following two alternatives are provided to assess impacts of the additional community facilities acreage. Expanded ViZZage H Community FaciZity Alternative: This alternative would expand the proposed 2.0- acre (3.2 gross acres) community facility area by 1.05 acres (1.9 gross acres). The additional area would be located within Village H, north and across Carlsbad Village Drive from the proposed project site. Finding: The City Council finds, pursuant to Public Resources Code 21081(a)(3), that specific economic, legal, social, technological, or other considerations make infeasible the development of additional acres for the expanded Village H community facility alternative because it develops an additional 1.9 gross acres (1.05 net acres) identified in the Draft HMP as hard line open space conservation area and reduces the project’s proposed 18.5-acre net increase in hard line open space acreage by 2.43 acres. As a result, take of open space will necessitate approval of an equivalency determination by the City of Carlsbad, in conjunction with a consultation with the USFWS. d. Circulation Alternatives for College Boulevard and Cannon Road Alignments The following discussion compares the environmental impacts for the alternative alignments (Alternatives 2 and 3) with the proposed project alignment (Alternative 1) discussed in the EIR. Figure 2-l 0 in the EIR delineates the alignments for each of the alternatives. The primary variation in impacts for each alternative below concerns grading and visual quality, biology, land use compatibility, and noise. The alternative alignments affect Reaches 3 and 4 of Cannon Road and Reaches B and C of College Boulevard. Except for Alternative 3, alternative alignments for Reach A of College Boulevard (El Camino Real to the intersection of College Boulevard with Cannon Road) are not included, as the alignment has been previously dedicated to the City. CEQA Findings of Fact and Statement of Overriding Considerations 31 12/12/01 47 Alternative 3 is considered the preferred alignment. This alternative has been developed to consider a lowered vertical alignment for those portions of the roadways near the intersection of Cannon Road and College Boulevard. Implementation of Alternative 3 would modify approximately 1,400 linear feet along the approved horizontal approach to the intersection for Reaches 3 and 4 of Cannon Road, approximately 1,700 feet south of the intersection on College Boulevard Reach A, and along Reach B Ii-om approximately 800 feet north. Alternative 2: Alternative 2 realigns College Boulevard Reaches B and C and Cannon Road Reaches 3 and 4. Realignment of College Boulevard east of the proposed Alternative 1 alignment has no effect on the approved alignment for Reach A (extending south of Cannon Road). The Alternative 2 alignment for College Boulevard Reaches B and C proceeds northerly up the west side of the Calavera Creek drainage from the intersection with Cannon Road and then northwesterly up the steep slope in Villages W and U to intersect with Carlsbad Village Drive. Cannon Road Reach 3, between the intersections with El Camino Real and College Boulevard, is aligned along a route northerly of the Alternative 1 alignment, bisecting a knoll top before descending easterly to the College Boulevard/Cannon Road intersection. Reach 4 of Cannon Road (between College Boulevard and the Carlsbad/Oceanside city limits) would intersect the existing roadbed of Cannon Road approximately 600 feet closer to the City boundary and at a lower elevation, reducing the road elevation profile as compared to the proposed alignment (Alternative 1). This in turn reduces requirements for an extensive retaining wall at the eastern limits of the roadway and reduces impacts adjacent to the riparian habitat in Little Encinas Creek at the eastern end of Reach 4. However, implementation would result in a non-standard median width and elimination of sidewalks on the south side of the roadway. Implementation of the non-standard design requires a reduction in the roadway design speed to 40 miles per hour at the east end of the alignment, within the city of Oceanside. Finding: The City Council finds, pursuant to Public Resources Code 2108 l(a)(3), that specific economic, legal, social, technological, or other considerations make selection of the Alternative 2 alignments for College Boulevard Reaches B and C and Cannon Road Reaches 3 and 4 infeasible because implementation would require: l a redesign of Villages W, U and X; l grading of an additional 8.5 acres more than for the proposed project alignment and over 10.6 acres more than for Alternative 3; l significantly greater cut and fill quantities (more than double the import requirement for Alternative 1 and more than triple the requirement for Alternative 3); and l maximum manufactured slope heights in excess of 100 feet in some locations and construction of Cannon Road Reach 3 across the prominent knoll top, exacerbating significant visual impacts. Selection would also incrementally contribute to increased impacts to: l biologically sensitive habitats including nearly 2 acres of Diegan coastal sage scrub and 0.7 acre wetland and non-wetland jurisdictional waters (see EIR Table 4-3); and l agricultural lands (7 acres); and l would not be consistent with the City’s Draft HMP “hard line” open space system established along the eastern edge (i.e., Village W) of the Master Plan. Impacts would be incrementally greater than for the proposed project (Alternative 1) alignment and significantly greater than for Alternative 3. CEQA Findings of Fact and Statement of Overriding Considerations 32 12/12/01 No Cannon Road/College Boulevard Intersection Alternative Alignment: This alternative alignment eliminates the proposed intersection between Cannon Road and College Boulevard. College Boulevard would extend southerly from Carlsbad Village Drive to connect with the Cannon Road/El Camino Real intersection, while Cannon Road, at the Carlsbad/Oceanside city limits, would extend southerly to connect with the College Boulevard/El Camino Real intersection. Finding: The City Council finds, pursuant to Public Resources Code 21081(a)(3), that specific economic, legal, social, technological, or other considerations make selection of the No Cannon Road/College Boulevard Intersection alternative infeasible because it would result in unacceptable levels of service by the year 2020 at several intersections. Unacceptable levels of service at the intersection of El Camino Real at Cannon Road could be mitigated to attain acceptable AM and PM peak hour operations only by widening the northbound approach to this intersection to provide dual right-turn lanes and possibly triple left-turn lanes westbound to southbound. Unacceptable levels of service also occur at the intersection of El Camino Real with Plaza Drive and at Tamarack Avenue. These impacts would be reduced or eliminated by selection of Alternative 1,2, or 3 alignments. e. Carlsbad Village Drive Widening at Victoria Avenue To enhance the transition to the existing Carlsbad Village Drive, an alternative is proposed to add a left-turn lane for northbound traffic (see EIR Figure 4-6). The road segment would be widened at this location to 46 feet for a distance of approximately 400 feet, tapering to the existing road width at either end. Total impacts would be limited to an approximate 700-foot corridor length along the north side of Carlsbad Village Drive, north and south of Victoria Avenue. When completed, the road segment would be configured to provide a lo-foot-wide left-turn lane for northbound traffic and two 13-foot- wide through travel lanes and two 5-foot-wide bike lanes in each direction, A till slope along the north side of Carlsbad Village Drive would be approximately 40 feet. Finding: The City Council finds, pursuant to Public Resources Code 21081(a)(3), that specific economic, legal, social, technological, or other considerations make selection of the Carlsbad Village Drive Widening at Victoria Avenue alternative infeasible because the proposed project increase in hard line open space acreage would be reduced by 0.83 acre, from 18.5 to approximately 17.7 acres. Road grading and improvement requirements would incrementally increase impacts to sensitive habitats (Diegan coastal sage scrub, riparian scrub, wetland habitat, and non-native grassland). f. Calavera Hills Master Plan Environmentally Superior Alternative The Calavera Hills Master Plan Environmentally Superior Alternative would eliminate development in the Village U area to expand the width of the wildlife corridor through the east-central portion of the project. This would result in more open space than would occur in the proposed project. This alternative was chosen because it is biologically superior, and biological habitat preservation requirements are the primary driving force behind the proposed Master Plan amendment, and this EIR. This environmentally superior alternative would eliminate up to 179 dwelling units from the project, including grading and infrastructure associated with development of Village U. Incremental decreases in traffic and air quality impacts would also result from this alternative. Finding: The City Council finds, pursuant to Public Resources Code 2108 l(a)(3), that specific economic, legal, social, technological, or other considerations make selection of the Calavera Hills Master Plan environmentally superior alternative infeasible because implementation would eliminate 23 percent of the remaining housing planned for the Master Plan and, as a result, would result in significant impacts because implementation would not fulfil1 the provision of housing objectives of the City of Carlsbad land use and housing elements of the General Plan. The elimination of these units, which will contribute to the College Boulevard and Cannon Road Bridge and Thoroughfare District CEQA Findings of Fact and Statement of Overriding Considerations 33 12/12/01 No. 4 through the payment of building permit fees, would impact the funding feasibility of this District. This could result in the lack of adequate funding for these regional roadway links, which would not fulfil1 the City of Carlsbad circulation element goals. In light of the fact that the proposed project already involves dedication of greater amounts of open space than the existing Master Plan, elimination of 23 percent of the remaining potential development revenue renders the overall project financially infeasible. The environmentally superior alternative is not consistent with previous agreements between the City, the resource agencies, and the property owner to design and implement the proposed project with a balance between urban development and habitat preservation. Selection of this alternative would also result in reduced mitigation to ensure the long-term preservation of sensitive habitats. CEQA Findings of Fact and Statement of Overriding Considerations 34 12/12/01 5-Q STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPOSED CALAVERA HILLS MASTER PLAN PHASE II, BRIDGE AND THOROUGHFARE DISTRICT NO. 4, AND DETENTION BASINS (EIR 9%02/SCH 99111082) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental effects when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable” (9 15093[a]). CEQA further requires that when the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record (9 15093[b] of the CEQA Guidelines). This statement does not substitute-for, and shall be in addition to, findings required pursuant to $15091 and 0 15093[c] of the CEQA Guidelines. The City Council, pursuant to 5 15093 of the CEQA Guidelines, has balanced the benefits of the proposed Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. 4, and Detention Basins and associated actions (project) against the following unavoidable impacts: l Cumulative impacts to landform alteration/visual quality The City Council has adopted all feasible mitigation measures with respect to the significant cumulative impact and has examined a range of alternatives. One alternative, Alternative 3 for the Bridge and Thoroughfare District No. 4, was found to reduce the project’s contribution to significant cumulative landformkisual quality impacts but not to below a level of significance. No other alternatives were found to meet most of the basic project objectives, were feasible, or were environmentally preferable to the project. The City Council, after balancing the specific economic, legal, social, technological, or other benefits of the project against its unavoidable environmental impacts, determines that the unavoidable adverse environmental effects are considered “acceptable” due to the following specific considerations, each of which individually will be sufficient to outweigh the unavoidable, adverse environmental impacts of the project: 1. Increased Revenues General Fund. The approval of this project would result in an increased generation of real property tax revenue for the City of Carlsbad. The City would receive real property tax increment revenues attributable to the increased value of improved real property associated with the dwelling units for the project. Based on the assessed value of the land with implementation of the proposed improvements and standard tax rates, the project would contribute substantial total property tax dollars. A portion of these property taxes would be paid to the City. It should be noted that the estimated real estate values and the tax rate used to calculate the property tax are subject to change. Additional revenue contributions would also be generated by increased sales tax, vehicle license in-lieu fees, real property transfer taxes, other state subventions, and business license taxes. CEQA Findings of Fact and Statement of Overriding Considerations 35 12/12/01 L-/ 2. 3. 4. 5. Additional Public Infrastructure Capital Contributions. The City’s Growth Management Program and land use ordinances provide a series of public facilities fees and exactions that are charged to new development, which are generally payable at either time of final subdivision map or issuance of individual building permits. Based on the project as proposed, these public infrastructure capital contributions are estimated to be substantial for the construction of public infrastructure and facilities on a citywide basis, including city administrative facilities, fire stations, libraries, roads, and storm drainage systems as well as public water and sewer facilities. These capital contributions are in addition to the infrastructure being constructed on- site and represent the project’s share of citywide infrastructure. The proposed project’s Capital public facilities contributions consist of the following components: 4 W 4 d) e) 0 g) Growth Management Local Facilities Fees estimated at $3 10 per equivalent dwelling unit (EDU). Citywide Community Facilities District No. 1 per EDU. The CFD funds major area and Interstate 5 bridges/ramps, including the ramp at Palomar Airport Road. Traffic Impact Fee estimated per EDU contributes to the funding of various road, signal, intersection, and similar transportation impacts throughout the City. Public Facilities Fees contribute to the financing of city administration and maintenance facilities, parks, libraries, fire stations, police stations, and similar city infrastructure. Drainage Fees estimated depending on location; this fund is used to construct master storm drain facilities in addition to those proposed by the project. Sewer Connection Fees per EDU within the CMWD service area; these fees represent the facilities capacity and connection charges for sanitary sewers and treatment plants. Water Capacity charges per EDU depending on the water district and additional meter connection fees per meter; charges and fees represent facilities capacity and connection charges for water facilities and distribution/storage systems. The foregoing fees may be subject to periodic adjustment and escalations in accordance with the underlying ordinance or laws applicable thereto. The total fees represents the public facilities capital contributions only and does not include any school fees or mitigation as the project’s impacts on school facilities are addressed directly with the affected school districts and various city processing, application, and plan check charges for processing approvals. These fees and exactions are necessary to construct and replace important public improvements in order to fund the public facilities and infrastructure necessary to maintain our community’s quality of life for existing and future residents of Carlsbad. Job Creation. The project would generate new temporary construction-related jobs that would enhance the economic base of the region. Reduces Existing Housing Shortfall. The project would provide and make available a maximum of 781 additional housing units in an area, which is experiencing a shortage of housing units. Consistent with Regional Multiple Habitat Conservation Plan, the City of Carlsbad Draft HMP (1999), and 1993 Agreement Establishing the CNP. Project will acquire and preserve an estimated 50 acres of sensitive habitats consistent with the regional habitat planning goals. In addition, the HMP “hard line” open space boundary will be increased to accommodate a wildlife corridor through Village K, linking two biological core areas. Consistent with the City of Carlsbad General Plan and Policies. The project is consistent with the General Plan and Policies in that it provides for residential development and necessary infrastructure as envisioned by the plan. Proposed residential, community facilities, open CEQA Findings of Fact and Statement of Overriding Considerations 36 12/12/01 52 6. 7. 8. 9. space, and other development features provide a range of uses that are compatible with the existing neighborhoods in the area and are located so as to harmonize and largely complete the residential neighborhoods and supporting amenities for that portion of the City until buildout. Affordable Housing. The project will provide approximately 15 percent of all units as workforce affordable housing within Village Y of the Master Plan Phase II boundary in full compliance with the City’s affordable Housing Inclusionary Ordinance and policies. This commitment represents about 120 units that will be owned and managed to provide workforce housing to Carlsbad employees who meet the income limitations beginning at 80 percent of the area median income levels. This represents the continuation of an existing successful policy and is necessary to meet the City’s obligations and commitments to increased housing opportunities in Carlsbad. Citywide Road Network Improvements. The project will construct College Boulevard (Reaches A, B, and C) and Cannon Road (Reaches 3 and 4), critical north/south and east/west circulation element roadways. These road improvements are important elements of the overall road network of the City supporting local as well as regional traffic. Regional Flood Control Improvements. The project includes the construction of two detention basins located within the Calavera Creek and Little Encinas Creek watersheds. The basins are part of a larger conceptual drainage plan outlined in the Ranch0 Carlsbad Channel & Basin Project (Rick Engineering 1998) and are intended to minimize the potential for downstream inundation of the off-site Ranch0 Carlsbad Mobile Home Park during the loo-year storm event. 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CASE NAME: CALAVEIW HILLS PHASE II CASE NO: GPA 99-03 WHEREAS, Calavera Hills II, L.L.C, “Developer”/“Owner,” has filed a verified application with the City of Carlsbad regarding property described as A portion of Lots “D “, “E”, “J” And “L” of Ranch0 Aqua Hedionda, according to partition map thereof No. 823, filed in the Office of the County Recorder of said San Diego County on November 16, 1896. All being in the City of Carlsbad, County of San Diego, State of California. (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit “GPA - A”, attached hereto and on tile in the Carlsbad Planning Department CALAVERA HILLS PHASE II - GPA 99-03 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of December 2001, and on the 2nd day of January, 2002, hold a duly noticed public hearing as prescribed by law to consider said request; 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 General Plan Amendment. 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 of the City of Carlsbad, as follows: 4 W That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CALAVERA HILLS PHASE II/BTD ##4/DETENTION BASINS BJ AND BJB - GPA 99-03, as shown on Exhibit “GPA -A” based on the following findings and subject to the following condition: Findinps: 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, based on the facts set forth in the staff report dated December 19,200l including, but not limited to the following: a) Land Use Element 0 ii) iii) iv) 9 vi) vii) PC BESO NO. 5113 Overall Objective B.l - Create a distinctive sense of place and identity for each community and neighborhood of the City through the development and arrangement of various land use components. Overall Objective B.2 - Create a visual form that is pleasing to the eye, rich in variety, reflecting environmental values. The proposed open space designations create large contiguous conservation areas that are visually pleasing and reflect the environmental value of the areas. Overall Policy C.4 - Encourage clustering when it is compatible with adjacent development. The general plan amendment provides for the shift of dwelling units out of the conservation areas resulting in a clustering of development. Overall Policy C.7.(4) - Provide public and/or private usable open space and/or pathways designated in the Open Space and Recreation Elements of the General Plan. Overall Policy C.7.(8) - Provide affordable housing to lower and/or moderate income households. Village Y will satisfy the master plan’s affordable housing requirement. Overall Policy C.12 - Develop and retain open space in all categories of land use. The project includes open space for the preservation of natural resources and open space for outdoor recreation. Residential Objective B.4 - Ensure that master plan communities contribute to a balanced community by providing, within the development, adequate areas to meet some social/human service needs -2- //a 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 such as sites for worship, daycare, youth and senior citizen activities. The proposed master plan amendment will comply with the City’s Community Facilities requirements. viii) Residential Policy C.3 - Consider density and development right transfers in instances where a property owner is preserving open space in excess of normal city requirements. The basis of this master plan amendment was to provide regionally significant wildlife corridors that were in excess of the normal city requirements and determined by affected resource agencies. Associated with the wildlife corridor creation was the allowance to transfer the dwelling unit allowance remaining in the master plan to non-open space areas. ix) Community Facilities Policy C.l - Require new master plan developments to provide land for a child daycare use and other community facilities uses. The proposed master plan amendment will comply with the City’s Community Facilities (CF) requirements by providing two CF sites, one as a part of Village Y and one in Village H. b) Circulation 0 Streets & Traffic Control Policy C.18 - Require new development to dedicate and improve all public rights-of-way for circulation facilities needed to serve development. Dedication and improvement of all circulation facilities needed for the project as well as citywide facilities identified on the circulation plan will be completed. This project assesses and/or implements various planned roadways of the Calavera Hills Master Plan and the City’s Circulation Element of the General Plan. Cl Housing 0 Policy 3.6a - A minimum of fifteen percent of all units approved for any master plan community shall be affordable to lower-income households. Village Y of the Calavera Hills master plan is proposed to be designated RMH to accommodate affordable housing developments. d) Open Space and Conservation i.) Open Space Planning Policy C.4 - Identify existing open space for protection, management, and potential enhancement and, if possible, increase its value as wildlife habitat. This project will implement regionally significant wildlife corridors out of existing open space areas as well as area previously designated for residential development. ii.) Obtaining Open Space Objective B.l - Develop and implement financing programs for the acquisition and maintenance of open PC RESONO. 5113 -3- //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 2. 3. space. This project proposes open space areas that will be managed and financially maintained. In addition, this project includes, as an environmental mitigation measure, the long-term financing by the master plan developer of the Calavera Nature Preserve, which is a llO-acre parcel known as Village Z in the proposed master plan amendment. 4 Public Safety i) Fire and Emergency Medical Services Policy C.2 - Review new development proposals to consider emergency access, fire hydrant locations, fire flow requirements and wildland fire hazards. This project proposes fire protection areas and policies that have been reviewed and approved by affected resource agencies, as well as the Carlsbad Fire Department, since native areas with fire potential surround the master plan’s development areas. Proposed project consistency with applicable environmental goals of each of the eight General Plan elements is attachment No. 12 to the staff report dated December 19,200l and is incorporated herein by reference. In order to adjust the boundaries of any open space shown on the “Ofiicial Open Space and Conservation Map” dated September 1994 the findings listed in implementing policy C.20 of the Open Space Planning and Protection Section of the General Plan Open Space and Conservation Element are required to be made. The three required findings and affirmative justification for each are as follows: 0 The proposed open space area is equal to or greater than the area depicted on the Official Open Space and Conservation Map. Proiect Finding: The Official Open Space and Conservation Map defines approximately 138.8 acres of Calavera Hills Phase II land as either “Existing/Approved Open Space,” “Constrained Open Space,” or both. As depicted on the project’s proposed open space equivalency exhibit in the Draft EIR (Fig. 3 B- 7), the proposed Phase II project designates 159.1 acres of Calavera Hills Phase II land as open space. Because the proposed open space areas are a greater quantity of acreage than the areas depicted on the City’s existing Official Open Space and Conservation Map, the proposed project is consistent with this Finding. ii) The proposed open space area is of environmental quality equal to or greater than that depicted on the Official Open Space and Conservation Map. Proiect FindinP: The proposed revision to the Official Open Space and Conservation Map would bring the City’s General Plan into conformance with the Draft Habitat Management Plan (HMP), inasmuch as it would provide for a habitat link across Village K, which constitutes a biological link between open space Core Area 2 and Core Area 3. As depicted on the project’s proposed open space equivalency exhibit in the Draft EIR (Fig. 3 B-7), this link of coastal sage scrub vegetation is considered biologically important in the multi-species planning effort, PC RESO NO. 5113 -4- //4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and will protect 14.2 acres of coastal sage scrub vegetation that would not have been protected under the existing Open Space and Conservation program. The proposed open space design will additionally serve to protect several important sensitive animal species. iii) The proposed adjustment to open space, as depicted on the Official Open Space and Conservation Map, is contiguous or within close proximity to open space as shown on the Official Open Space and Conservation Map. Proiect FindinP: The proposed adjustments to open space are within close proximity to the open spaces presently shown on the Open Space and Conservation Map. As depicted on the project’s proposed open space equivalency exhibit in the Draft EIR (Fig. 3 B-7), the primary difference is the new provision of the Village K conservation link, which provides a biological link between habitat core areas, which had not previously existed. This link is a significant component of the proposed revisions to the Open Space and Conservation Map. 4. The proposed land use changes to the General Plan, which will be reflected and implemented via the proposed master plan amendment (MP 150-H) for Calavera Hills, are consistent with the intent and purpose of the General Plan as outlined below on a village-by-village basis: a) Village Z: The proposal to remove the existing Residential-Low (RL) designations from the Calavera Nature Preserve and replace them with Open Space (OS) is in keeping with the requirements of a 1993 mitigation agreement that accompanied the development of a portion of Calavera Hills Phase I (Villages Q and T). This entire llO-acre village will remain in permanent open space to be managed into perpetuity as a nature preserve under the terms of the previously referenced agreement. No residential or other development will be allowed on Village Z except for a trail system. b) Villape E-l : The proposal to replace the existing Community Commercial (C) designation with a residential designation (RMH) is consistent with the intent and purpose of the General Plan since the City Council has adopted a Commercial Land Use Study (March 2001) which locates the commercial centers within the city at buildout. The subject site was determined to not be a commercial site per the analysis and conclusions of the Council-adopted Study. Its redesignation to a residential use, therefore, is consistent with the General Plan since facilities and public service will be able to serve the additional dwelling units, which will not exceed the master plan’s remaining dwelling unit allowance for buildout. 4 Village H: The proposal to replace the existing Residential-Low (RL) designation with Community Facilities (CF) and Open Space (OS), is consistent with the General Plan, and the city’s recent adoption of community facility regulations which applies to master plan’s processing amendments. A two-acre CF site will be located on Village PCRESONO. 5113 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 d) e) f) g 1 h) 9 H with the balance of the site designated as Open Space. The master plan requirement to provide community facility uses is approximately three acres; two acres will be provided at Village H and one acre of CF uses within Village Y, the master plan’s affordable housing site. Village K: The proposal to replace the existing Residential-Medium High (RMH) designation with Residential-Medium (RM) and Open Space (OS) is consistent with the General Plan because it implements a regionally significant wildlife corridor by greatly reducing the developable area of the site which currently allows up to 400+ dwelling units. The reduction in density from RMH to RM, and the establishment of a large open space corridor with Open Space General Plan designations, implements the concept of transferring dwelling units from an environmentally sensitive portion of the master plan to another location. The redesignation of Village K establishes an important wildlife corridor that has been targeted by various resource and wildlife agencies. VillaPe L-2: The proposal to replace the existing Residential-Medium (RM) designation with Residential-Low Medium (RLM) is consistent with the General Plan because it further implements the master plan amendment’s objective of establishing wildlife corridors and transferring residential densities. VillarJe R: The proposal to replace the existing Residential-Low Medium (RLM) designation with Residential-Medium (RM) and Open Space (OS) is consistent with the General Plan because it further implements the master plan amendment’s objective of establishing wildlife corridors and transferring residential densities. Village U: The proposal to replace the existing Residential-Low Medium (RLM) designation with Residential-Medium (RM) and Open Space (OS) is consistent with the General Plan because it further implements the master plan amendment’s objective of establishing wildlife corridors and transferring residential densities. VillaPes W and X: The proposal to replace the existing Residential- Low (RL) designations with Residential-Medium (RM) and Open Space (OS) designations is consistent with the General Plan because it further implements the master plan amendment’s objective of establishing wildlife corridors and transferring residential densities. Village Y: The proposal to replace the existing Residential-Low (RL) designations with Residential-High (RH) and Community Facilities (0’) designations is consistent with the General Plan because it further implements the master plan amendment’s objective of establishing wildlife corridors and transferring residential densities. Specifically, Village Y is proposed to be the site of the master plan’s affordable housing development. In addition, and as a compliment to PC RESO NO. 5113 -6- /II, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 j) Conditions: the dense residential development, Village Y will also be the site of the l-acre balance of the master plan’s three-acre community facilities requirement. Various minor and incidental General Plan clean-up corrections and refinements have been made to the General Plan map due to increased detail and resolution that is now available on current mapping technology. These changes are incidental and consistent with the General Plan since they will eliminate designation inconsistencies and/or cartographic inaccuracies without materially affecting a parcel’s land use designations or development potential. 1. Approval of GPA 99-03 is granted subject to the approval of EIR 98-02, MP 150(H), LFMP 87-07(A), ZC 01-01, CT 00-02 and HDP 00-02. GPA 99-03 is subject to all conditions contained in Planning Commission Resolution No. 5112 for EIR 98-02. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of January, 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Compas, Dominguez, Heineman, Nielsen, and Segall NOES: None ABSENT: Commissioner Baker ABSTAIN: None XI* SEENA TRIGAS, Chairpers&r CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. WLZM&LER Planning Director PC RESO NO. 5113 -7- “WA - A” EXISTING PROPOSED CALAVERA HILLS PHASE II GPA 99-03 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. 5114 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MASTER PLAN AMENDMENT FOR PROPERTY GENERALLY LOCATED SOUTH OF THE CITY OF OCEANSIDE, EAST OF LAKE CALAVERA, NORTH OF FUTURE CAN-NON ROAD ALIGNMENT AND STRADDLING PORTIONS OF FUTURE COLLEGE BOULEVARD ALIGNMENT IN LOCAL FACILITIES MANAGEMENT ZONE 7. CASE NAME: CALAVER HILLS PHASE II CASE NO: MP 150(H) WHEREAS, Carlsbad Hills II, L.L.C., “Developer”/“Owner,” has filed a verified application with the City of Carlsbad regarding property described as A portion of Lots “D”, “E”, “J” and “L” of Ranch0 Aqua Hedionda, according to partition map thereof No. 823, filed in the Office of the County Recorder of said San Diego County on November 16,1896 all being in the City of Carlsbad, County of San Diego, State of California. (“the Property”); and WHEREAS, said verified application constitutes a request for a Master Plan Amendment as shown on Exhibit “MP 150(H)” dated December 19, 2001, on file in the Planning Department, CALAVER HILLS PHASE II - MP 150 (H) as provided by MP 150 as amended, and Chapter 21.38 of the Carlsbad Municipal Code, and as shown on attached Exhibit “X”; and WHEREAS, the Planning Commission did, on the 19th day of December, and on the 2nd day of January, 2002, 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 Master Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 4 That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CALAVERA HILLS - MP 150 (H) based on the following findings and subject to the following conditions: Findinps: 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, based on the facts set forth in the staff report dated December 19,200l. 2. That all necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the Capital Improvement Program applicable to the subject property, in that the master plan property will be subject to the requirements of the Local Facilities Management Plan for Zone 7. 3. That the residential and open space portions of the community will constitute an environment of sustained desirability and stability, and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, or community facilities are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof, in that proposed master plan amendment builds out the remaining dwelling unit allowance of the Calavera Hills Master Plan while providing regionally significant wildlife corridors, community facilities, project open space areas and affordable housing. 4. That appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted Final Environmental Impact Report 98-02 for the project, and as listed in the Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Master Plan document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. The approval of MP 150 (H)) is granted subject to the approval of EIR 98-02, GPA 99- 03, LFMP 87-07(A), ZC 01-01, CT 00-02 and HDP 00-02. 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.” PC RESO NO. 5114 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 have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3:32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of January 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Compas, Dominguez, Heineman, Nielsen, and Segall NOES: None ABSENT: Commissioner Baker ABSTAIN: None CARLSBAD PLANNING COMMISSION ATTEST: . Planning Director PC RESO NO. 5114 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. 5115 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 7 ON PROPERTY GENERALLY LOCATED SOUTH OF THE CITY OF OCEANSIDE, EAST OF EL CAMINO REAL, AND ALONG COLLEGE BOULEVARD WITHIN THE CALAVERA HILLS MASTER PLAN IN THE NORTHEAST QUADRANT OF THE CITY. CASE NAME: CALAVER HILLS PHASE II CASE NO.: LFMP 87-07(A) WHEREAS, Carlsbad Hills II, L.L.C., has filed a verified application with the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, the City Council passed Resolution No. 8797 adopting the 1986 Citywide Facilities and Improvements Plan establishing facility zones and performance standards for public facilities; and WHEREAS, the City Council passed Resolution No. 9808 requiring the processing of a Local Facilities Management Plan; and WHEREAS, the City Council adopted Ordinance No. 8110 and 9829 implementing Proposition E approved on November 4, 1986, by the citizens of Carlsbad; and WHEREAS, the Planning Commission did, on the 19th day of December, 2001, and on the 2nd day of January, 2002 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 Local Facilities Management Plan Amendment for Zone 7. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. /a4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) Findings: That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of Local Facilities Management Plan Amendment - LFMP 7, LF’MP 87-07(A) on file in the Planning Department, based on the following findings and subject to the following conditions: 1. That the Local Facilities Management Plan for Zone 7 is consistent with Chapter 21.90 of the Carlsbad Municipal Code (Growth Management), and with the Citywide Facilities and Improvement Plan, in that it contains all matters required by Section 21.90.110 including special conditions for wastewater treatment capacity, parks, drainage, circulation, schools, sewer and water. This ensures implementation of and consistency with the General Plan and protects the public health, safety and welfare by ensuring that public facilities and improvements will be installed to serve new development prior to or concurrently with need. Conditions: 1. Approval is granted for Local Facilities Management Plan Amendment - Zone 7 as contained in the Plan titled Local Facilities Management Plan Zone 7, dated DECEMBER 19, 2001, on file in the Planning Department, and incorporated herein by reference. 2. This approval is granted subject to the approval of EIR 98-02, GPA 99-03, MP 150 (II), ZC 01-01, CT 00-02 and HDP 00-02. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad on the 2nd day of January 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Compas, Dominguez, Heineman, Nielsen, and Segall NOES: None ABSENT: Commissioner Baker CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZWLLER Planning Director PC RESO NO. 5115 -2- la3 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. 5116 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM LIMITED CONTROL (L-C) TO PLANNED COMMUNITY (PC) ON PROPERTY KNOWN AS THE CALAVERA NATURE PRESERVE/VILLAGE Z OF THE CALAVERA HILLS MASTER PLAN, GENERALLY LOCATED ON THE SOUTH SIDE OF LAKE CALAVERA, IN LOCAL FACILITIES MANAGEMENT ZONE 7. CASE NAME: CALAVERA HILLS PHASE II CASE NO: zc 01-01 WHEREAS, Carlsbad Hills, L.L.C., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by The Environmental Trust, “Owner,” described as A portion of Lots (‘D” and ((L” of Ranch0 Aqua Hedionda, according to partition map thereof No. 823, filed in the Office of the County Recorder of said San Diego County on November 16,1896 ail being in the City of Carlsbad, County of San Diego, State of California. (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit “ZC-A”, on file in the Planning Department, CALAVERA HILLS PHASE II - ZC Ol- 01 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and as shown on attached “Exhibit Y”; and WHEREAS, the Planning Commission did on the 19th day of December, 2001 and on the 2nd day of January, 2002, 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 /a4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CALAVERA HILLS PHASE II - ZC Ol- 01 based on the following findings, and subject to the following conditions: FindinPs: 1. That the proposed Zone Change from Limited Control (L-C) to Planned Community (P-C) is consistent with the goals and policies of the various elements of the General Plan, in that the subject llO-acre parcel was acquired for coastal sage mitigation purposes for an earlier phase of Calavera Hills development, in advance of the 1993 gnatcather listing by the federal government as a “threatened” species per Endangered Species Act. The proposed zone change will formally add this nature preserve to the Calavera Hills Master Plan, designated as Village Z. All residential designations on the site have been removed and replaced with open space designations per GPA 99-03 which accompanies this zone change request. 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the site’s General Plan designation will be entirely Open Space based on GPA 99-03 as referenced above. The inclusion of the Calavera Nature Preserve into the Calavera Hills Master Plan will also involve corresponding open space designations within the Master Plan so that zoning and General Plan consistency will be maintained. 3. That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that the Master Plan’s earlier development necessitated the acquisition of this adjacent open space parcel, and the nature preserve status of this site will be formalized and maintained via the master plan. Conditions: 1. This approval is granted subject to the approval of EIR 98-02, GPA 99-03, MP 150(H), LFMP 87-07(A), CT 00-02 and HDP 00-02 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 PC EESONO. 5116 -2- /as 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 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 2nd day of January, 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Compas, Dominguez, Heineman, Nielsen, and Segall NOES: None ABSENT: Commissioner Baker ABSTAIN: None \ \ s,~&i+ SEENA TRIGAS, Chairper& CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 5116 -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. 5117 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT NUMBER CT 00-02 TO MASS GRADE THE SITE AND SUBDIVIDE 2 17 ACRES INTO 6 LOTS FOR CALAVERA HILLS PHASE II ON PROPERTY GENERALLY LOCATED NEAR THE INTERSECTION OF CARLSBAD VILLAGE DRIVE AND COLLEGE AVENUE, EAST OF EL CAMINO REAL, NORTH OF FUTURE CANNON ROAD, AND WEST OF LAKE CALAVERA IN LOCAL FACILITIES MANAGEMENT ZONE 7. CASE NAME: CALAVERA HILLS PHASE II CASE NO.: CT 00-02 WHEREAS, Carlsbad Hills, L.L.C., “Developer”/“Owner,” has filed a verified application with the City of Carlsbad regarding property described as: A portion of Lots “D”, “E”, and (‘J” of Ranch0 Aqua Hedionda, according to partition map thereof No. 823, filed in the Office of the County Recorder of said San Diego County on November 161896 all being in the City of Carlsbad, County of San Diego, State of California. (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “LL”, dated December 19, 2001, on file in the Planning Department CALAVERA HILLS PHASE II - CT 00-02 as provided by Title 20 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of December 2001 and on the 2nd day of January, 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. 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 of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CALAVERA HILLS PHASE II - CT OO- 02, based on the following findings and subject to the following conditions: Findinm: 1. 2. 3. 4. 5. 6. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Title 20 governing lot sixes and configuration and have been designed to comply with all other applicable regulations including the Calavera Hills Master Plan (MP 150-H). The lots created by this master tentative map will establish the village boundaries and configurations which will be developed pursuant to the Calavera Hills Master Plan That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for a variety of residential densities and non- residential land uses as listed in the staff report which are compatible with the master plan’s adjacent existing and planned development. An analysis of land use compatibility is also contained in the project’s Final EIR (EIR 98-02). That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed mass grading. Future residential development will comply with all development standards and public facilities requirements of the master plan; buildout density of the master plan will be less than the number of dwelling units that are currently permitted by the existing master plan. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that concurrent with recordation of the master tentative map’s final map, the developer will vacate and adjust any easements that conflict with proposed subdivisions and mass grading. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project will implement all required mitigation measures contained PCRESONO. 5117 -2- /a8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. 12. 13. 14. . . . in the Final Program EIR and the Mitigation Monitoring and Reporting Program that are applicable. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan and the Calavera Hills Master Plan based on the facts set forth in the staff report dated December 19,200l and as contained in the Planning Commission Resolution for GPA 99-03 which are incorporated herein by reference. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 7 and all City public facility policies and ordinances. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of - public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 7. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the growth management performance standards are contained in the Zone 7 Local Facilities Management Plan and the project will comply with all conditions of the zone plan. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as required by the amended Calavera Hills Master Plan (MP 150-H), new residential development shall record a notice concerning aircraft noise as the property is within the Noise Impact Notiilcation Area (Figure 4 of the CLUP). The buildout of the Calavera Hills Master Plan is subject to airport noise notification as outlined in the CLUP which involves Noise Form 2, on file with the Carlsbad Planning Department, to be recorded with each new residential unit; and Noise Form 3 which is a sales office notice regarding the disclosure of airport noise. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 5117 -3- /29 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the 1. 2. 3. 4. 5. 6. recordation of a final map or issuance of a grading permit, whichever occurs first. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Master Tentative Tract Map (CT 00-02). Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Master Tentative Tract Map documents, as necessary to-make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Master Tentative Tract Map, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City approval is not validated. The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the Master Tentative Map reflecting the conditions approved by the final decision making body. PC RESO NO. 5117 -4- /30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. 12. 13. 14. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 7 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. The Developer, and the City as related to College Blvd. Reaches B and C, Cannon Road Reach 3 and Detention Basin BJB, shall implement, or cause the implementation of, EIR 98-02’s Project Mitigation Monitoring and Reporting Program. This approval is granted subject to the approval of EIR 98-02, GPA 99-03, MP 150(H), LFMP 87-07(A), ZC 01-01, and HDP 00-02 and is subject to all conditions contained in the Planning Commission Resolutions for those other approvals. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for- any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict the required 15 percent of the total dwelling units (including: Units to be constructed within Village Y of the Calavera Hills Master Plan, depicted as Lot 3 of CT 00-02) as affordable to lower-income households for the useful life of the dwelling units, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan (Exhibits “W’‘-“LL”, on file with CT 00-02 at the Carlsbad Planning Department) and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, fkee from weeds, trash, and debris. In addition, the Developer, or the City as related to College Blvd. Reaches B and C, Cannon Road Reach 3 and/or Detention Basin BJB, shall maintain all manufactured slopes and natural open space areas to the satisfaction of the Planning Director consistent with applicable provisions of the City’s Landscape Manual. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. This approval shall be null and void if the project site subject to this approval is not annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall not issue any grading, building, or other permit, until the annexation is completed. The City Manager is authorized to extend the 60 days, for a period deemed necessary, upon a showing of good cause. The Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the Planning Director in consultation with the North County Transit District where such facilities are requested along the project’s street frontage. Said facilities, if required, shall be free from advertising and shall PC RESO NO. 5117 -5- /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 15. 16. 17. 18. include at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. Prior to approval of the final map, or issuance of a grading permit, the Developer shall: 1) consult with the United States Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and, 2) obtain any permits required by the USWFS. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 7, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. Prior to the issuance of the grading permit or approval of the final map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Master Tentative Map (CT 00-02) by Resolution No. 5117 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Consistent with the amended master plan (MP 150-H) a note shall be placed on the final map approval of this master tentative map that will require that each residential village prepare and record a Notice, prior to individual village final map approval, disclosing that those villages may be 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). Open Space and Trails 19. On the final map, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for trail(s) shown on Figure 10 of the amended Calavera Hills Master Plan (MP 150(H)). If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as a public trail and will be the maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail shall still be constructed but it shall be constructed as a private trail and shall be the maintenance and liability responsibility of the Master Homeowners Association. PC RESO NO. 5117 -6- /3a 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 20. Prior to approval of a final map or issuance of a grading permit, whichever occurs first, the Developer shall prepare and submit an Open Space Maintenance Plan to the satisfaction of the Planning Director which accomplishes at a minimum the following: A. continued ownership of open space lot(s) by the Developer or its successor in interest (such as HOA); B. while in continued private ownership, active management to protect- and preserve the quality of the habitat (including but not limited to trash removal and reasonable prevention of trespass); C. establishment of a non-wasting endowment fund to pay for management and conservation of the open space in perpetuity. The endowment funds shall be deposited in a secure investment paying a guaranteed rate of interest sufficient to generate the amount needed for annual maintenance. (The cost of management is currently estimated to be approximately $85 per acre per year). The endowment funds shall not be commingled with other funds, and the proceeds shall be used solely for the management of the conserved in accordance with applicable permit conditions. Only the interest earnings can be withdrawn; the principal must remain intact in perpetuity. D. transfer of ownership and maintenance responsibility at some future date to the City or its designee simultaneously with transfer of the endowment funds. 21. The Developer shall dedicate on the final map, an open space easement for those areas which are depicted on Figure 9 of the amended Calavera Hills Master Plan (MP 150(H)) to prohibit any encroachment grading or development. 22. Prior to the initiation of grubbing or clearing the applicant shall install “silt” fencing at project boundaries where grubbing or clearing is to occur in order to minimize movement of rodents and snakes into the surrounding, existing neighborhoods. Applicant shall ensure also that a biologist is on site during these activities to capture and remove snakes. Additionally, the applicant shall initiate grubbing or clearing from the perimeter of the site inward to the site when such activity will occur adjacent to existing homes. Enpineering Conditions: Note: Unless specifically stated in the condition, all of the following engineering conditions upon the approval of this proposed major subdivision must be met prior to approval of a final map or grading permit, whichever occurs first. General 23. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval fi-om, the City Engineer for the proposed haul route. 24. Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other PC BESO NO. 5117 -7- /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 recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 25. 26. There shall be one Final Map recorded for this project. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. A statement shall be included in the Final Map (see Final Map Notes) and in the CC&Rs, if any. The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. Fees/Agreements 27. 28. 29. 30. 31. Developer shall agree to abide by any fee increase (or decrease) adopted for the Local Drainage Area Fee by the City Council prior to payment or credit for that fee. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City’s standard form Geologic Failure Hold Harmless Agreement. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. , Prior to approval by the City Council of this Resolution, the applicant shall cause Owner to enter into a purchase option agreement with the City of Carlsbad offering the City the option to purchase, at not more than fair market value, an approximately 5.7 acre parcel of land (Parcel B, Exhibit l), the general location of which is shown on Exhibit 1 as the community garden, RV parking lot, wash area and waste disposal (the “facilities replacement area”). The agreement shall provide that if the City does not exercise its option to purchase by January 1, 2010, the Ranch0 Carlsbad Homeowners’ Association may exercise the option and purchase the parcel. The City shall provide the mechanism whereby the purchase by the Association shall be eligible for credit and repayment from the appropriate funding source or sources established by the City for this purpose. Any such credit and repayment mechanism shall be implemented concurrent with or after transfer to the City by the Association of the property rights required to install Basin BJ. Grading 32. Based upon a review of the proposed grading and the grading quantities shown on the PC RESO NO. 5117 -8- i3Lf 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 !O !I !2 !3 !4 !5 !6 !7 !8 33. 34. 35. 36. 37. tentative map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to further development of any of the lots created by this tentative map. Developer may apply for, and City Engineer may issue, a grading permit for clearing only of vegetation, subject to the United States Fish and Wildlife Service issuance of a biological opinion supporting such clearing, and subject to approval of an erosion control plan by the City Engineer and the Planning Director. The grading permit required as condition of approval of this tentative map is for a mass grading operation. Additional grading will be required prior to any development of each of the lots created by this tentative map. An additional grading permit will be required prior to further development of the lots. A construction revision to the mass-grading plan will not be permitted to fulfil1 this requirement. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the-start of work has been submitted to the State Water Resources Control Board. Upon completion of grading, Developer shall file an “as-graded” geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map, which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24” x 36” mylar or similar drafting film format suitable for a permanent record. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. Dedications/Improvements 38. The Developer shall construct a five-foot sound wall atop a three-foot earthen berm to run along the south side of Reach 3 of Cannon Road between El Camino Real and the intersection with College Boulevard. The berm shall be fully landscaped on that portion of the berm facing the Ranch0 Carlsbad Mobilehome Park which will not otherwise be blocked by future development. The landscaping plans shall be approved prior to the approval of the final map for CT 00-02 and such landscaping shall be installed prior to or concurrent with the opening of the road to public traffic. The sound wall shall be located a minimum of 20 feet from the edge of the southern right-of-way of Cannon Road Reach 3, where wetlands or other sensitive habitats do not interfere. 39. The applicant shall cause the owner to plant eucalyptus trees and native shrubs on PC RESO NO. 5117 -9- /35 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 40. 41. 42. 43. an approximate 2.25acre parcel of land generally located between Cannon Road Station 151 and the intersection of College Boulevard and Cannon Road. This property shall be deeded or provided by permanent easement to the Ranch0 Carlsbad Homeowners’Association at no cost. Deeding or granting of the easement, and planting and irrigation of this parcel shall occur prior to completion of Cannon Road Reach 3. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements as listed below and as shown on the tentative map. The offer shall be made by a certificate on the final map and/or separate recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. A. B. C. D. E. College Boulevard to major arterial right-of-way width of 102 feet with-in the project boundary. College Boulevard and Cannon Road to major arterial right-of-way width of 102 feet from the southerly project boundary off-site to El Camino Real, together with temporary slope and construction easements as needed to facilitate the streets construction. Water easement for a future pressure reducing station between future 490 HG and 446 HG water mains near southerly boundary of Lot 2, to the satisfaction of the District Engineer. Reclaimed water easement for future 384 HG reclaimed water main and future pump station at the terminus of the project’s 550 HG reclaimed water main with-in Lot 1, to the satisfaction of the District Engineer. Water easement for existing water facilities in the vicinity of the water reservoir by Lot 6 to the satisfaction the District Engineer. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, but not limited to paving, base, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water), to City Standards to the satisfaction of the City Engineer. PC RESO NO. 5117 -lO- /3b 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 A. B. C. D. E. F. G. H. I. College Boulevard full width improvements to major arterial standards from its existing terminus at Carlsbad Village Drive to the project’s southern boundary. College Boulevard full major arterial right-of-way width grading, median curbs, one l&foot travel lane at each side of the median, asphalt curbs at the edge of paving with transitions to drainage structures and full width improvements at arterial to arterial street intersections, from the project’s southern boundary to its intersection with Cannon Road. Cannon Road full major arterial right-of-way width grading, median curbs, one l&foot travel lane at each side of the median, asphalt curbs at the edge of paving with transitions to drainage structures and full width improvements at arterial to arterial street intersections, from its intersection with College Boulevard to El Camino Real. Transition improvements to Carlsbad Village Drive from Chatham Road to Victoria Avenue, including a left turn lane onto Victoria Avenue. Tamarack Avenue half width improvements to local street standards from Carlsbad Village Drive northerly the full length of Lot 5 frontage. In lieu of sidewalk, the Developer or the City may request the construction of a pedestrian trail. Glasgow Drive from Carlsbad Village Drive northerly to Harwich Drive, and Harwich Drive northwesterly to its current terminus full width improvements to local street standards. In lieu of sidewalk on one side of each street, the Developer or the City may request the construction of a pedestrian trail. Basin BJB near the northeast corner of the intersection of College Boulevard and Cannon Road as shown in the city’s Master Drainage and Storm Water Quality Management Plan. Basin design shall be based on its’ ultimate capacity to the satisfaction of the City Engineer. The Developer may request that a reimbursement agreement for this facility be processed based on provisions of the city’s Master Drainage and Storm Water Quality Management Plan and city codes. If a reimbursement agreement is requested it shall be approved prior to or concurrent with approval of the final map for this subdivision. A sewer trunk line within College Boulevard from the project’s southerly boundary to the existing South Agua Hedionda Trunk Interceptor reach 2C (SAHT2C). Extend existing 580 HG water main to serve the portions of Lots 3 and 4 with future pad elevations above 300-foot elevation. Prior to development of Lot 4 (Village U) or Lot 3 (Village Y), the 580 HG water main shall be looped to the Cape Subdivision adjacent to Lot 3 (Village Y). PC RESO NO. 5117 -ll- 137 1 2 3 4 5 6 7 8 9 10 11 12 13 I4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J. Extend existing 446 HG water main from its current terminus at College Boulevard and Car&bad Village Drive southerly to serve future development with pad elevations below 300-foot elevation. K. Extend existing 550 HG reclaimed water main from its terminus at Carlsbad Village Drive southerly on College Boulevard to a future pump station within Lot 1. The Developer may request that a reimbursement agreement be processed for the cost of upsizing the reclaimed water main from an g-inch line to a 1Zinch line at the request of the Carlsbad Municipal Water District (CMWD). If a reimbursement is requested, it shall be approved prior to or concurrent with the approval of the final map for this subdivision. L. Construct only, from design drawings provided by CMWD, an extension of the existing 384 HG reclaimed water main from its current location, at El Camino Real, easterly on Cannon Road to College Boulevard and along College Boulevard northerly to a pump station by Lot 1, and construct the reclaimed water pump station to boost pressure for the project’s 550- HG reclaimed water main. The Developer may request that a reimbursement agreement for the cost of these facilities be processed. If a reimbursement agreement is requested, it shall be approved prior to or concurrent with approval of the final map for this subdivision. M. Construct only, from design drawings provided by CMWD all future potable water facilities through all arterial-to-arterial street intersections. The Developer may request that a reimbursement agreement for these facilities be processed for a full reimbursement. If a reimbursement agreement is requested it shall be approved prior to or concurrent with approval of the final map for this subdivision. N. Construct only, from design drawings provided by CMWD the future 255 HG water main crossing under College Boulevard at the Robertson Ranch near Cannon Road and along College Boulevard within Reach B. The Developer may request that a reimbursement agreement for these facilities be processed for a full reimbursement. If a reimbursement agreement is requested it shall be approved prior to or concurrent with approval of the final map for this subdivision. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 44. Developer shall execute and record a City standard Basin Maintenance Agreement prior to the approval of grading, building permit or final map, whichever occurs first for this Project. 45. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the PC RESO NO. 5117 -12- )38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. B. C. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Prior to the issuance of a grading permit, the applicant shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board. The SWPPP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both construction and post-construction phases of the project. At a minimum, the Plan shall: 1) 2) Identify existing and post-development on-site pollutants. Recommend source control Best Management Practices (BMPs) to filter said pollutants. 3) Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee and resident education on the proper procedures for handling clean up and disposal of pollutants. 46. 4) Ensure long-term maintenance of all post construct BMPs in perpetuity. Developer shall install street lights along all public and private street frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad Standards. 47. Developer shall install sidewalks along all public streets abutting the subdivision in conformance with City of Carlsbad Standards. 48. Developer shall install wheelchair ramps at the public street comers abutting the subdivision in conformance with City of Carlsbad Standards. PC RESO NO. 5117 -13- /39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 49. Developer shall incorporate into the grading/improvement plans the design for the project drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed riprap, or other means deemed appropriate, to the satisfaction of the City Engineer. Carlsbad Municipal Water District 50. 51. 52. 53. 54. 55. 56. 57. 58. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of CarTsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. As part of the Landscape and Irrigation Plan submittal to the Planning Director, the Developer shall prepare and include in the submittal a colored recycled water use map for processing and approval by the District Engineer. The approved reclaimed water use concept shall be incorporated in the landscape and irrigation design. The Developer shall install potable water and recycled water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at locations approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. PC RESO NO. 5117 -14- 140 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 59. The Developer shall coordinate with the District Engineer regarding looped systems and easements. 60. The Developer shall submit a detailed sewer study, if changes to district’s sewer master plan are proposed, prepared by a Registered Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. 61. The Developer shall submit a detailed potable water study, if changes to district’s water master plan are proposed, prepared by a Registered Engineer that identifies the peak demands of the project (including tire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. 62. The Developer shall submit a detailed recycled water study, if changes to district’s reclaimed water master plan are proposed, prepared by a Registered Engineer that identifies the peak demands of the project. The study shall identify velocity in the main lines and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. Final Map Notes 63. Developer shall show on Final Map the.net developable acres for each parcel. 64. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: A. All improvements within the subdivision are privately owned and are to be privately maintained with the exception of the following: (1.) College Boulevard (2.) Carlsbad Village Drive (3.) Tamarack Avenue _ (4.) Glasgow Drive (5.) Harwich Drive (6.) Water lines, reclaimed water lines, and reclaimed water pump B. station. (7.) Sewers (8.) Storm Drains Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. Geotechnical Caution: (1.) Slopes steeper than two parts horizontal to one part vertical exist within PC RESO NO. 5117 -15- )4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the boundaries of this subdivision. (2.) The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. D. No structure, fence, wall, tree, shrub, sign, or other object shall be placed or permitted to encroach within the area identified as intersection sight distance in accordance with city standards’ Public Street - Design Criteria, Section 8.B.l. and 2. The underlying property owner shall maintain this condition. E. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors in accordance with city standards’ Public Street - Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition. Standard Code Reminders: 65. 66. 67. 68. 69. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planning and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. PC RESO NO. 5117 -16- /4a 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 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 approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of January 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Compas, Dominguez, Heineman, Nielsen, and Segall NOES: None ABSENT: Commissioner Baker ABSTAIN: None CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLtiILLER Planning Director PC RESO NO. 5117 -17- lLj3 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 I PLANNING COMMISSION RESOLUTION NO. 5118 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED APPROXIMATELY NEAR THE INTERSECTION OF CARLSBAD VILLAGE DRIVE AND COLLEGE AVENUE, EAST OF EL CAMINO REAL, NORTH OF FUTURE CANNON ROAD, AND WEST OF LAKE CALAVERA IN LOCAL FACILITIES MANAGEMENT ZONE 7. CASE NAME: CALAVER HILLS PHASE II CASE NO: HDP 00-02 WHEREAS, Carlsbad Hills II L.L.C., “Developer”/“Owner,” has filed a verified application with the City of Carlsbad regarding property described as A portion of Lots “D”, “E”, and “J” of Ranch0 Aqua Hedionda, according to partition map thereof No. 823, filed in the Office of the County Recorder of said San Diego County on November 16,1?396 all being in the City of Carlsbad, County of San Diego, State of California. (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibit(s) “MM” - 7W” dated December 19,2001, on file in the Carlsbad Planning Department, CALAVERA HILLS PHASE II/BTD #4 - HDP 00-02, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 19th day of December and on the 2nd day of January, 2002, consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Hillside Development Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. lLfLf 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CALAVERA HILLS PHASE IUBTD #4 - HDP 00-02 based on the following findings and subject to the following conditions: Findinps: 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages; 2. That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map; 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that proposed grading has been designed to relate to the slope of the land, grading has been minimized to the extent possible while working with the other constraints to the project design, and contour grading of slopes which are highly visible from public locations is included. 4. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that impacts to natural slopes with an inclination of greater than 40 percent either do not meet all of the criteria of Section 21.95.120(B) to require preservation; or they qualify for an exclusion pursuant to Section 21.95130 in that they are impacts related to a Circulation Element Road, or a modification to the development and design standards pursuant to Section 21.95.140 in that they are impacts that are supported specifically for the precise locations depicted on the exhibits for HDP OO- 02 and the related mass-grading of CT 00-02 for the Calavera Hills Master Plan. 5. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that all native, non-excluded slope areas are to remain preserved, contour grading will occur for areas visible from public locations, runoff control will be accomplished as required by the manual through the construction of onsite catchment basins, detention basins, and energy dissipators, and adequate landscaping will be installed to provide screening of graded slopes and to reduce potential erosion. 6. That the project design and lot configuration minimizes disturbance of hillside lands, in that approximately 36.6 acres are comprised of natural slopes having gradients above 40 percent. Grading proposed on the master tentative map will encroach into 14.6 acres of natural slopes having gradients above 40 percent. Of these 14.6 acres, approximately 1.4 acres would be graded for proposed development and 13.2 acres would qualify as an exclusion from the Hillside Development Ordinance, per Section 21.95.130 (A)(2) or areas that do not meet all four of the criteria of Section 21.95.120 (B). The areas do not equal the 10,000 square foot minimum and the remainder are slopes that do not comprise a prominent land form feature. 7. That the site has unusual- geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading, in that the rocky substrate of Calavera PC RESO NO. 5118 -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 8. 9. 10. 11. 12. 13. 14. Hills will require rock blasting as assessed in the related EIR for this project (EIR 98-02) and addressed in the Mitigation and Monitoring Program. That the site requires extensive grading to accommodate a circulation-element roadway, in that the extension of College Boulevard will go through the project site. That the proposed modification will result in significantly more open space or undisturbed area than would a strict adherence to the requirements of the- ordinance, in that the mass grading accommodates residential development that has been transferred within the master plan area while also providing regionally significant wildlife corridors supported by affected wildlife and resource agencies and consistent with the City’s Draft Habitat Management Plan. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan and Calavera Hills Master Plan based on the facts set forth in the staff report dated December 19, 2001 and as contained in the Planning Commission Resolution No. 5113 for GPA 99-03 which are incorporated herein by reference. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 7. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the growth management performance standards are contained in the Zone 7 Local Facilities Management Plan and the project will comply with the general and special conditions of the zone plan. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note:. Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of a final map or issuance of a grading permit, whichever occurs first. 1 If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all fiture building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to PCRESONO. 5118 -3- 146 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 i. 3. 4. 5. 6. 7. 8. 9. 10. compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Hillside Development Permit (HDP 00-02). Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmIess the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Hillside Development Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City approval is not validated. The Developer shall submit to the Planning Director a reproducible 24” x 36”,,mylar copy of the Hillside Development Permit Exhibits reflecting the conditions approved by the final decision making body. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 7 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of EIR 98-02, GPA 99-03, MP 150 @I), LFMP 87-07(A), ZC 01-01 and CT 00-02 and is subject to all conditions contained in the Planning Commission Resolutions for those other approvals. This approval shall become null and void if a final map is not recorded within 24 months from the date of project approval. Prior to the issuance of the grading permit or approval of the final map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County PC RESO NO. 5118 -4- H7 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 Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Hillside Development Permit by Resolution No. 5118 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. . . . . . . PC RESO NO. 5118 -5- /LfS PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of January, 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Compas, Dominguez, Heineman, Nielsen, and Segall NOES: None ABSENT: Commissioner Baker ABSTAIN: None SEENA TRIGAS, Chairper& CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 5 118 -6- )49 Carl&ad Planning Department EXHIBIT 6 A REPORT TO THE PLANNING COMMISSION Item No. 0 5 P.C. AGENDA OF: December 19,200l SUBJECT: EIR 98-02 - CALAVERA HILLS PHASE II/-BRIDGE AND THOROUGH- FARE DISTRICT #4 AND DETENTION BASINS BJ AND BJB - Request for a recommendation of approval for certification of an Environmental Impact Report including Candidate Findings of Fact, Statements of Overriding Consideration, and a Mitigation Monitoring and Reporting Program for the environmental review of the Calavera Hills Master Plan, the City’s Bridge and Thoroughfare District (BTD) #/4 and Detention Basins BJ and BJB of the City’s Master Drainage Plan, located in the northeast quadrant of the City. GPA 99-03/MP lSO(H)/LFMP 87-07(A)/ZC Ol-Ol/CT OO-02/HDP 00-02 - CALAVERA HILLS PHASE II - Request for a recommendation of approval for: (1) a General Plan Amendment; (2) an amendment to the Calavera Hills Master Plan; (3) an amendment to the Zone 7 Local Facilities Management Plan; (4) a Zone Change; (5) a Master Tentative Map, and; (6) a Hillside Development Permit. These actions are being requested to allow for the land use changes and mass grading proposed for the buildout of the Calavera Hills Master Plan. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5112 RECOMMENDING CERTIFICATION of ElR 98-02 and RECOMMENDING APPROVAL of the Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 5113, 5114, 5115, 5116, 5117, 5118, RECOMMENDING APPROVAL of GPA 99-03, MP 150(H), LFMP 87-07(A), ZC 01-01, CT 00-02, and HDP 00-02, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The subject environmental impact report (EIR 98-02) is a joint public/private EIR whereby the Calavera Hills Master Plan buildout is proposed by a private developer (a partnership of McMillin Companies and Brookfield Homes); and the College Boulevard and Cannon Road segments associated with BTD #4, as well as Detention Basins BJ and BJB of the city’s Master Drainage Plan, are proposed by the City of Carlsbad. EIR 98-02 assesses all three noted project components. A Location Map is attached. The balance of the requests are specific to the amendment and buildout of the Calavera Hills Master Plan. Originally approved in 1974, the Calavera Hills Master Plan is in the northeast quadrant of the City, west of Lake Calavera and south of the City of Oceanside. The master plan has an existing Community Park (Calavera Hills), an existing community RV storage site, an established future fire station location, Hope Elementary School, Calavera Hills School (K-8 - currently under EIR 9%02/GPA 99-03MP 150(H)/LFMP 87-07(A)/ZC 01-Ol/ CT 00-02/HDP 00-02 - CALAVERA HILLS PHASE II December 19,200l construction), a variety of existing residential housing types separated by a network of open space areas and canyons, portions of Circulation Element roadways (College Boulevard, Tamarack Avenue and Carlsbad Village Drive) and nine remaining Villages to be developed. The current Calavera Hills Master Plan development (including Villages Q and T which are presently completing construction) has 1,619 existing dwelling units, and an allowance of 795 remaining dwelling units to be developed in the final phase of Calavera Hills. This proposed master plan amendment will establish a maximum allowance of 781 dwelling units for the final phase. The required percentage of affordable housing units will be included as part of the 781 unit maximum. The remaining Villages to be developed are referred to as the Phase II Villages, and include: E- l, H, K, L-2, R, U, W, X and Y (shown on the attached exhibit from MP 150 (H), Calavera Hills Phase II Villages). The changes to the current master plan are intended to establish regionally significant open space and biologically significant habitat corridors while also providing ” affordable housing and community facilities requirements in the master plan. The current master plan designates Village K as the affordable housing site with high density. It also has relatively flat terrain for grading and development. To accommodate the needed wildlife corridors, Village K will instead be primarily preserved as open space, and developed with clustered single-family homes, and Village Y will be designated as the affordable housing site. The master plan buildout will also provide or initiate the development of various infrastructure improvements, citywide Master Drainage Plan facilities (Detention Basin BJB) and Circulation Element roads including Reach B and C of College Boulevard and Reach 3 of Cannon Road. Therefore, the primary objectives of this master plan amendment are: to accommodate the creation of a biological habitat corridor through the central portion of the master plan area by adjusting the land uses and transferring densities for clustered development and related mass grading; and, to update the master plan to current citywide codes and objectives. Current and proposed master plan land uses are reviewed on a village-by-village basis under Project Description and Background. III. PROJECT DESCRIPTION AND BACKGROUND Proiect Description Calavera Hills Master Plan Phase II The project proposes to build out the Calavera Hills Master Plan as follows: Village E-l : is currently designated for community commercial development on 9 acres. This amendment proposes to delete the commercial designation consistent with recent City Council policy action on a citywide commercial land use study. It concluded that this site could be considered for a non-commercial land use. Therefore, in order to achieve some of the residential density transferred from the Village K site to provide open space, E-l is being proposed for the development of 117 multi-family residential units. /a-i . EIR 98-02/GPA 99-03iMP 1 SO(H)/LFMP 87-07(A)/ZC 01 -Ol/ CT 00-02/HDP 00-02 - CALAVERA HILLS PHASE II December 19,200l Pane 3 Village H: is currently designated for residential development and the master plan allows up to 42 dwelling units (previous proposals have shown 13 custom homes) on 42 net acres. In order to meet Community Facility (CF) requirements imposed on the master plan amendment by current city codes, this project has a total community facilities requirement of 3 acres; two of which will be provided in Village H (Village Y will provide the balance). The two-acre site would be designated CF within the master plan as well as the City’s General Plan. The balance of Village H would be designated open space. Village K: is currently designated for multi-family, medium-high density housing up to 416 units. It is also the designated affordable housing site within the master plan. In order to accommodate the biological habitat link required across the central portion of the master plan area, an approximately 900 foot swath of General Plan designated open space extending northward from existing Carlsbad Village within the south/central portion of Village K is proposed as natural open space. The amendment proposes the development of up to 88 single family clustered units on the balance of the site. Village L-2: is currently designated for medium density housing up to 119 units; the master plan amendment proposes 15 single-family dwelling units for Village L-2. Village R: is currently designated for the development of up to 6 single-family units on this small site of two developable acres adjacent to Lake Calavera. This amendment proposes 4 single-family units with a medium density residential designation; the balance of the site will be open space. Village U: is currently designated for low-medium density, multi-family development up to 139 dwelling units. To recapture and transfer units removed from Village K, this amendment proposes medium-high density up to 179 multi-family dwelling units. The balance of the site will be open space. Village W: is currently designated for low-density residential development up to 32 single- family homes. To recapture and transfer units removed from Village K, this amendment proposes medium density up to 121 single-family units. The balance of the site will be open space. Village X: is currently designated for low-density residential development up to 36 single- family homes. To recapture and transfer units removed from Village K, this amendment proposes medium density up to 117 single-family units. The balance of the site will be open space. VillaPe Y: is currently designated for low-density residential development up to 5 single-family homes. This amendment proposes to designate Village Y as the master plan’s affordable housing site with high-density residential development up to a maximum of 140 units. The actual number of affordable housing units to be developed within Village Y will be calculated as 15% of the total units approved pursuant to MP 150(H). In addition, a one acre CF (Community Facility) will be located within Village Y to meet master plan obligations for community facilities and to augment and be compatible with the proposed affordable housing land use. EIR 98-02/GPA 99-03h4P 1 SO(H)/LFMP 87-07(A)/ZC 01 -Ol/ CT 00-02/HDP 00-02 - CALAVEIU HILLS PHASE II December 19,200l Page 4 Village Z: is currently outside of the Calavera Hills Master Plan, but is proposed for formal inclusion via the master plan amendment (MP 150-H) and zone change (ZC 01-01) associated with this project. The 1 IO-acre site is currently designated for open space and low-density residential development up to approximately 50 single-family homes. Since this site is now designated as the Calavera Nature Preserve as part of the mitigation for habitat loss associated with the development of Villages Q and T within the Master Plan, the residential designations will be removed, leaving only open space designations. This is one component of General Plan Amendment GPA 99-03. Bridge and Thoroughfare District #4 - College Boulevard and Cannon Road The second major component of the project proposes the formation of a Bridge and Thoroughfare District or other financing mechanism to finance the acquisition, design and construction of roadway improvements to Cannon Road from El Camino Real easterly to the Oceanside City boundary, and College Boulevard from El Camino Real northerly through the ‘. Calavera Hills Master Plan boundary to the intersection with Carlsbad Village Drive. A new intersection of College Boulevard and Cannon Road will be constructed to implement the General Plan’s network of circulation element roadways planned for this area. Specifically, the following road segments are involved: College Boulevard - from its current northern terminus within Calavera Hills at Carlsbad Village Dr. south to the boundary of the master plan property (Reach C); from the master plan boundary southeast to the future intersection with Cannon Road (Reach B), and; from the College/Cannon intersection south to the current terminus just north of El Camino Real in Sunny Creek (Reach A). Only Reaches B and C of College Boulevard are proposed for construction with this project, although EIR 98-02 covers the environmental review for all reaches of College Boulevard. The College Boulevard (Reach A) improvements additionally include an approximately 125-foot long bridge structure across the Agua Hedionda Creek Cannon Road - from El Camino Real east to the future intersection with College Boulevard (Reach 3), and from this intersection easterly to tie into the existing terminus of Cannon Road at the Carlsbad city boundary (Reach 4) adjacent to the Ocean Hills community in the city of Oceanside. Only Reach 3 is proposed for construction with this project, although EIR 98-02 covers the environmental review for both reaches of Cannon Road. The design concept to connect with the existing Cannon Road segment in Oceanside includes the realignment of Cannon Road from the Oceanside city boundary east to Mystra Drive in Oceanside, reconfiguration of an existing church site parking lot and access road, and installation of approximately 400 feet of retaining wall with a maximum height of approximately 20 feet. The City of Carlsbad will be required to process a conditional use permit or permit amendment for the church site to modify the parking and accommodate the new road segment. The need to modify the Cannon Road Reach 4 alignment and its future connection with the existing west- facing terminus of Cannon Road within Oceanside is because the current alignment is located within a biologically significant area. Since the development of the original alignment, which determined the location of the Cannon roadway within Oceanside, the habitat and wildlife EIR 98-02/GPA 99-03/MP lSO(H)/LFMP 87-07(A)/ZC 01-Ol/ CT 00-02/HDP 00-02 - CALAVERA HILLS PHASE II December 19,200l Pane 5 adjacent to Reach 4 is now regulated by resource agencies that are seeking a more environmentally sensitive alignment. The improvements for each roadway include full width grading to City of Carlsbad major arterial standards within a 102-foot right-of-way, road surface improvements, erosion control and landscaping, drainage and other appurtenant improvements for major arterial roadways. Detention Basins BJ and BJB - City’s Master Drainage Plan The project proposes construction of two detention basins to control flooding impacts within the Calavera and Little Encinas Creek watersheds. Basin BJB located at the northeast comer of the College Boulevard/Cannon Road intersection will have an inundation area of approximately 15 acres and a storage capacity of 49 acre-feet. Basin BJ is located on the east side of College Boulevard approximately 350 feet south of _ Cannon Road in the approximate area of the existing recreational vehicle storage area and maintenance facilities for the Ranch0 Carlsbad Mobile Home Park. Basin BJ will have an inundation area of approximately 8 acres and a storage capacity of 48 acre-feet. Both basins are part of a larger drainage and flood control plan for the area and are consistent with the City of Carlsbad’s Master Drainage Plan. Site Description Calavera Hills Master Plan Phase II: The Calavera Hills Master Plan is approximately 900 total acres in the northeast quadrant of the city. Existing Phase I development accounts for about 500 acres (and 1,619 dwelling units) leaving approximately 400 acres left (and 781 maximum dwelling units) to build out the master plan. The master plan area is surrounded by Lake Calavera to the east, the City of Oceanside to the north, existing residential development to the west and the currently undeveloped area of Robertson Ranch and its agricultural operations to the south. The Calavera Hills Master Plan is characterized by diverse topography and rocky rolling hills with distant views. Vegetation includes high quality Diegan coastal sage scrub, chaparral and non-native grasslands. The general area is noted for having some of the highest quality, multi- species habitat in the City. Therefore, the establishment of resource-agency desired wildlife corridors is a major component of this master plan amendment, in addition to facilitating master plan buildout. Bridge and Thoroughfare District #4: The extensions of College Boulevard and Cannon Road are located primarily on vacant, undeveloped land, including some existing agricultural operations. College Boulevard (Reach A) will be extended northeast from El Camino Real across the Agua Hedionda Creek past the Ranch0 Carlsbad Golf Course along a series of small ridgelines to the intersection with Cannon Road. The northerly segment of College Boulevard Reach A bisects the /3-d EIR 98-02/GPA 99-03MP lSO(H)/LFMP 87-07(A)/ZC 01-Ol/ CT 00-02HDP 00-02 - CALAVERA HILLS PHASE II December 19,200l Page 6 easterly portion of the Ranch0 Carlsbad Mobile Home Park (RCMHP) property just south of Cannon Road. The right-of-way for College Boulevard across the RCMHP property has been irrevocably offered to the City of Carlsbad by the property owners. North of the College/Cannon intersection, College Boulevard Reach B crosses the broad Robertson Ranch agricultural floodplain northward to the Calavera Hills master plan boundary. At that point, College Boulevard Reach C is aligned northwesterly across sage scrub and chaparral hillsides to the existing intersection with Carlsbad Village Drive within Calavera Hills. Cannon Road (Reach 3) extends easterly from El Camino Real across gently rolling terrain just north of and generally parallel to the Ranch0 Carlsbad Mobile Home Park and the Calavera Creek channel through agricultural fields to the intersection with College Boulevard. Proceeding east along Cannon Road (Reach 4), the topographic features change dramatically as the proposed alignment traverses steep slopes covered with native vegetation and significant coastal sage scrub located on the north side of the Little Encinas Creek. Approximately 2500 feet of the eastern portion of Cannon Road Reach 4 crosses the existing Carlsbad Highlands Habitat I Preserve. Detention Basins BJ and BJB: Detention Basin BJB (the larger of the two basins) is located primarily within the existing floodplain area for the Calavera Creek watershed. Basin BJB includes a small graded berm extending for several hundred feet from the College Boulevard road fill along the western edge of the Calavera Creek. The area within proposed Basin BJB is currently used for agricultural purposes and includes the existing Calavera creek bed. Basin BJ is located along the Little Encinas creek bed. The area within the proposed Basin BJ is currently used for recreational vehicle storage, and several small maintenance sheds. A community garden area, as well as some native habitat, is situated adjacent to the basin area. Overview of the Proiect The following entitlements and approvals have been requested EIR 98-02 l Certification of the EIR for Calavera Hills Phase II and BTD #/4 and Basins BJ and BJB. General Plan Amendment 99-03 l Adjust General Plan land use designations per Village as outlined above in Project Description to reconfigure open space areas and redistribute and cluster allowed densities into the least environmentally sensitive portions of the property. l Add Community Facility (CF) uses to the master plan (Villages H and Y). l Delete commercial use/designation on E- 1, replace with RMH residential. l Delete RL residential designations on Village Z and replace with Open Space. l Perform minor cartographic and mapping clean-up items to correct longstanding General Plan mapping inaccuracies that will not affect land uses or development potential. /55- EIR 98-02/GPA 99-03MP lSO(H)/LFMP 87-07(A)/ZC 01-011 CT 00-02/HDP 00-02 - CALAVERA HILLS PHASE II December 19,200l Master Plan Amendment 150 (Hj l Accommodate necessary land use changes to implement reconfigured open space corridors, and transfer allowable development densities within master plan as outlined in the Project Description for each Village. l Provide land uses, development standards and process for balance of the Master Plan given its objectives and vision of clustering development to maximize quality open space. l Provide architectural design standards for the balance of the remaining villages. l Formally integrate the 1 lo-acre nature preserve of Village Z into the master plan. Zone 7 Local Facilities Management Plan Amendment 87-07(A) l Amendment to Zone 7 LFMP to reflect the land use changes proposed by the Calavera Hills master plan amendment. l Compliance with Growth Management and the delivery of necessary public improvements and infrastructure given citywide code criteria and adjusted master plan land uses. Zone Change 01-01 l Zone change from Limited Control (L-C) to Planned Community (P-C) for Village Z, the Calavera Nature Preserve. This allows formal integration of the 1 lo-acre nature preserve into the Calavera Hills Master Plan. Master Tentative Map CT 00-02 Calavera Hills: l Subdivision into large lots to create the master plan’s Village areas into separate master lots. l Allow mass grading of the site in a single grading operation as shown on the tentative map exhibits. BTD #4/Financing Plan for College Blvd./Cannon Road: l Construction of College Blvd Reach B and C. l Construction of Cannon Road Reach 3. Detention Basin: l Construction of Detention Basin BIB. EIR 98-02/GPA 99-03iMP lSO(H)/LFMP 87-07(A)/ZC 01-Ol/ CT 00-02/HDP 00-02 - CALAVERA HILLS PHASE II December 19,200l Page 8 Hillside Development Permit 00-02 l Hillside Development Permit is necessary to accompany mass grading of CT 00-02 since hillside topography is involved. IV. ANALYSIS Given the entitlements being requested as outlined above, the project is subject to the following plans, ordinances, standards and policies; Each entitlement will be assessed against the ordinances or standards that apply. Environmental Protection Procedures (Title 19) and the California Environmental Quality Act (CEQA); Carlsbad General Plan; Draft Habitat Management Plan; Calavera Hills Master Plan; Planned Community (P-C) Zone, Chapter 21.38 of the Municipal Code; Growth Management, Chapter 21.90 of the Municipal Code; Subdivision Ordinance, Title 20 of the Municipal Code; and Hillside Development Regulations, Chapter 21.95 of the Municipal Code. Environmental ProtectionKEQA: EIR 98-02 (see Section V. of this staff report) Carlsbad General Plan: GPA 99-03 1. Adiustment of General Plan land use designations: To accomplish the goals of establishing an important biological wildlife corridor and building out the master plan consistent with current citywide goals and standards, the following General Plan amendments are proposed. Individually and collectively, they achieve the stated General Plan and Master Plan goals and are therefore supported as components of the proposed General Plan amendment. Attached Resolution No. 5113, for GPA 99-03, makes findings for the changes proposed. VILLAGE EXISTING GENERAL PLAN PROPOSED GENERAL PLAN E-l H Community Commercial RL/os RMH CF/OS t K RMH RIWOS L-2 RLM R RLM RMIOS U RLM RMHIOS W RL Rlwos EIR 98-02/GPA 99-03h4P 1 SO(H)/LFMP 87-07(A)/ZC 01 -Ol/ CT 00-02kIDP 00-02 - CALAVERA HILLS PHASE II December 19,200l Page 9 VILLAGE EXISTING PROPOSED GENERAL PLAN GENERAL PLAN X RL RMIOS Y RL RHKF Z RL/os OS In addition, various General Plan map clean-ups and mapping corrections within the existing Phase I portion of the Calavera Hills Master Plan will be made with GPA 99-03, due to increased detail and resolution that is now available on current mapping technology. These changes are incidental and consistent with the General Plan since they will eliminate designation inconsistencies and/or cartographic inaccuracies without materially affecting a parcel’s land use designations or development potential. 2. Establishment of Wildlife Corridors: The project is consistent with the City’s Draft Habitat Management Plan @MP), identifies a “hardline” through the master plan property to delineate areas of development and areas of open space. While not formally approved, the Draft HMP reflects the regionally significant habitat areas and corridors desired for establishment within the City of Carlsbad. Some minor adjustment and encroachment of the designated open space is being requested. There is an open space equivalency/adjustment process, as described below, whereby proposals for encroachments can be supported if they are minor and when combined with areas of added open space, provide an overall increase in the amount and quality of open space. The HMP was drafted in conjunction with consultation and input from the US Fish and Wildlife Service and the California Department of Fish and Game. As previously mentioned, the Draft HMP proposes areas for preservation on the entire project. These areas were established several years ago based on preliminary biological information independent of any grading or project proposal. This proposed Calavera Hills master plan amendment will designate the preservation areas as open space on the General Plan Land Use Map. Also associated with this amendment is the shifting of allowable density from the areas to be designated as open space to where development can more appropriately be accommodated. In order to adjust the boundaries of any open space shown on the “Official Open Space and Conservation Map” dated September 1994 the findings listed in implementing policy C.20 of the Open Space Planning and Protection Section of the General Plan Open Space and Conservation Element are required to be made. The three required findings and affirmative justification for each are listed in the EIR, in Planning Commission Resolution No. 5 113 for GPA 99-03, and are re-stated below: (A) The proposed open space area is equal to or greater than depicted on the Official Open Space and Conservation Map. Proiect Finding: The Official Open Space and Conservation Map defines approximately 138.8 acres of Calavera Hills Phase II land as either “Existing/Approved Open Space,” “Constrained Open Space,” or both. As depicted on the project’s proposed open space equivalency exhibit in the Draft EIR (Fig. 3B- )S EIR 98-02/GPA 99-03/h@ lSO(H)/LFMP 87-07(A)/ZC 01-Ol/ CT 00-02/HDP 00-02 - CALAVERA HILLS PHASE II December 19,200l Page 10 7), the proposed project designates 159.1 acres of Calavera Hills Phase II land as open space. Because the proposed open space acres are a greater quantity of acreage than the areas depicted on the City’s Official Open Space and Conservation Map, the proposed project is consistent with this Finding. (B) The proposed open space area is of environmental quality equal to or greater than that depicted on the Official Open Space and Conservation Map. Proiect Finding: The proposed revision to the Official Open Space and Conservation Map would bring the City’s General Plan into conformance with the Draft HMP inasmuch as it would provide for a habitat link across Village K, which constitutes a critical biological link between open space Core Area 2 and Core Area 3. As depicted on the project’s proposed open space equivalency exhibit in the Draft EIR (Fig. 3B-7), this link of coastal sage scrub vegetation is considered biologically important in the multi-species planning effort, and will protect 14.2 acres of coastal - sage scrub vegetation that would not have been protected under the existing Open Space and Conservation program. The proposed open space design will additionally serve to protect several important sensitive animal species. (C) The proposed adjustment to open space, as depicted on the Official Open Space and Conservation Map, is contiguous or within close proximity to open space as shown on the Official Open Space and Conservation Map. Project Finding: The proposed adjustments to open space are within close proximity to the open spaces presently shown on the Open Space and Conservation Map. As depicted on the project’s proposed open space equivalency exhibit in the Draft EIR (Fig. 3B-7), the primary difference is the new provision of the Village K conservation link, which provides a biological link between habitat core areas which had not previously existed. This link is a significant component of the proposed revisions to the Open Space and Conservation Map. 3. General Plan Consistency The General Plan is divided into eight elements. Proposed project consistency with applicable environmental goals of each of the eight elements is contained in the EIR. The proposed amendment is also in compliance with the additional General Plan Goals, Objectives or Policies depicted in the following table: General Plan Compliance Table Element Goal, Objective or Policy Project Consistency Land Use/Overall Objective Objective B. 1 - Create a Land uses and design standards to sense of place and identity achieve this objective apply to for each community within specific Villages in the master a master plan area. plan. w-9 EIR 98-02/GPA 99-03/MP 1 SO(H)/LFMP 87-07(A)/ZC 01 -Ol/ CT 00-02/HDP 00-02 - CALAVER HILLS PHASE II December 19,200l Page 11 Element Goal, Objective or Policy Project Consistency Land Use/Overall Objective Objective B.2 - Create a Proposed Open Space de- visual form that is pleasing s&nations create large contiguous to the eye, rich in variety, conservation areas that are reflecting environmental visually pleasing and reflect the values. environmental values of the areas. Hillside grading and future architecture will also reflect environmental values. Land Use/Overall Policy Policy C.4 - Encourage The general plan amendment clustering when it is provides for the shift of dwelling compatible with adjacent units out of the conservation areas development. resulting in compatible, clustered development. Land Use/Overall Policy Policy C.7.(4) - Provide The proposal implements open public and/or private usable space as prescribed in the General open space designated in Plan and modifies it to provide the General Plan. more, high quality open space. Land Use/Overall Policy Policy C.7.(8) - Provide Affordable housing requirements affordable housing to lower will be satisfied within Village Y. and/or moderate income households. Land Use/Overall Policy Policy C.12 - Develop and The project includes open space retain open space in all for the preservation of natural categories of land use. resources and open space for outdoor recreation. Land Use - Objective B.4 - Ensure that The master plan proposes to Residential Objective master plans contribute to a comply with the City’s balanced community by Community Facilities require- providing social and/or ments for new or amended master human service needs and plan amendments. land uses. Land Use - Policy C.3 - Consider In order to provide high quality Residential Policy density and development open space in excess of normal right transfers where open city requirements, density trans- space is preserved in excess fers are proposed by this plan of city normal requirements. amendment. Land Use - Policy C.1 - Require land This master plan amendment will Community Facilities for child care and other provide such uses per city codes in community facilities. Villages H and Y. EIR 98-02/GPA 99-03MP 1 SO(H)/LFMP 87-07(A)/ZC 01 -Ol/ CT OO-02/HDP 00-02 - CALAVERA HILLS PHASE II December 19,200l Page 12 Element Circulation Housing Open Space and Conservation Open Space and Conservation Public Safety Goal, Objective or Policy Project Consistency Streets & Traffic Control Dedication and improvement of Policy C. 18 - Require new all circulation facilities needed for development to dedicate the project as well as citywide and improve all public facilities identified on the rights-of-way for circulation circulation plan will be completed. facilities needed to serve development. Policy 3.6.a - A minimum Village Y is proposed to be of fifteen percent of all designated RMH to accommodate units approved for any the master plan’s required master Plan community affordable housing units. shall be affordable to lower income-households. Policy C.4 - Identify The project will establish and existing open space for maintain regionally significant, protection and management multi-species wildlife corridors. to increase wildlife value. Objective B.1 - Develop This project proposes open space financing programs for the areas that will be managed and acquisition and maintenance maintained, including the of open space areas. Calavera Nature Preserve (Z). Fire and Emergency Policy Fire Department and resource C.2 - Review development agency review has resulted in proposals to consider fire customized fire suppression issues including wildland provisions for Village K and X; tire hazards. the balance of the Villages will comply with standard, citywide fire suppression rules. Draft Habitat Management Plan: EIR 98-02 and MP 150 (H) While not formally adopted, the City’s Draft Habitat Management Plan (HMP) was the basis for determining the significance of various biological impacts. The mitigation measures prescribed in the Draft I-IMP have been applied to this project’s EIR and will be implemented via the project’s Mitigation Monitoring and Reporting Program. In addition, the configuration of wildlife corridors as depicted in the Draft HMP are implemented by the proposed Calavera Hills master plan amendment. The BTD portion of the project regarding College Boulevard and Cannon Road is consistent with the goals and provisions of the Draft HMP. Circulation element roadways are specifically permitted by the habitat plan, if alternative alignments are assessed to arrive at an environmentally sensitive alignment, and mitigation impacts per the Draft HMP are implemented. These I-IMP requirements are met by the proposed project. EIR 98-02/GPA 99-03/MP 1 SO(H)/LFMP 87-07(A)/ZC 01 -Ol/ CT 00-02/HDP 00-02 - CALAVEKA HILLS PHASE II December 19,200l Page 13 Calavera Hills Master Plan/PC Zone of Municipal Code: MP 150 (H) Compliance with 2 1.38 - Planned Connnunitv Zone Chapter 21.38 of the Carlsbad Municipal Code, Planned Community Zone, contains the requirements for the contents of a master plan. The amended Calavera Hills Master Plan contains all the information required by the code. The Plan consists of nine chapters to guide the development of Villages and the buildout of Calavera Hills consistent with current city codes and goals. The following is an outline of the master plan by chapter: Chanter I - Introduction - The introduction includes information such as the organization and scope of the plan, a project description, master applications, master plan goals, and introduces the vision for buildout of Calavera Hills with open space corridors and clustered development ‘- areas. Chanter II - Land Uses - This chapter covers the proposed General Plan Land Use Designations assigned to each Village, provides a Zoning Description, a legal description for the area subject to the plan, land use summary tables and general provisions. Chanter III - Traffic Circulation - Provides an overview of the Master Plan’s circulation system emphasizing College Boulevard. Chanter IV - Open Space - Provides an overview of the Master Plan’s open space system emphasizing the wildlife corridor across Village K and the master plan’s trail system. Chanter V - Grading/Hillside Development - Provides an overview of the Master Plan’s grading and hillside development provisions including blasting and rock crushing procedures. Chanter VI - Public Facilities - Provides an overview of the Public Facilities associated with the Master Plan and compliance with the Zone 7 Local Facilities Management Plan. Chanter VII - Citv Permits/Master Plan Amendments - Outlines the City permits and entitlements necessary to develop each Village, and the process for future amendments to the master plan consistent with City codes. Chanter VIII - Architectural and Design Standards - Contains the architectural and design standards that regulate the development of the single and multi-family residential villages. These new design standards update the ones currently in the master plan. They reflect current and proposed citywide design regulations and objectives, and propose slight modification for clustered development on topographically constrained properties which have been allowed for limited development in exchange for the provision of high-quality open space wildlife corridors. Chapter IX - Phase II Development Standards - Provides development standards, approval processes, development review criteria and environmental mitigation measures on a village-by- village basis. EIR 98-02/GPA 99-03/MP lSO(H)/LFMP 87-07(A)/ZC 01-Ol/ CT 00-02/HDP 00-02 - CALAVERA HILLS PHASE II December 19,200 1 Page 14 Calavera Hills Phase II Buildout - Summarv Land Use Table The existing and proposed land uses for the remaining Phase II Villages is described above in the Project Description. Below is a simplified Summary Table for the Phase II Villages (excluding Village Z, the Nature Preserve) remaining within the Calavera Hills Master Plan. After the Table, the abbreviated designations are provided in full. Calavera Hills Phase II - Summary Table & MASTER PLAN MAXIMUM Current Unit Max: 795 Proposed Unit Max: Land Use Designations c: Community Commercial RL: Residential-Low (O-l dwelling units (du)/per acre) RLM: Residential-Low Medium (l-4 du/acre) RM: Residential-Medium (4-8 du/acre) RMH: Residential-Medium High (8- 15 du/acre) RH: Residential-High (15-2 1 du/acre) OS: Open Space CF: Community Facilities n/a: not applicable; no dwelling units Also attached to the staff report is a Fiscal Impact Analysis, dated December 20, 2000, as required by Section 21.38.060(2)(B). Zone Change: ZC 01-01 A Zone Change is proposed to formally include the Calavera Nature Preserve (Village Z) into the Calavera Hills Master Plan. Currently, the 1 lo-acre parcel is zoned (Limited Control) L-C. The proposal for P-C zoning designation, to match the Calavera Hills Master Plan, will ensure the site’s status as a Nature Preserve per the terms of a 1993 Agreement that binds the current and any future master plan property owner. This Agreement secured the acquisition and long- term maintenance of the Preserve as mitigation for Calavera Phase I Villages Q and T. This zone lb 3 EIR 98-02/GPA 99-03MP 1 SO(H)/LFMP 87-07(A)/ZC 01 -Ol/ CT 00-02/HDP 00-02 - CALAVERA HILLS PHASE II December 19,200l change is related to one component of GPA 99-03 which removes all of the RL residential designation currently on the Preserve site and replaces them with Open Space. Growth Management: Zone 7 - LFMP 87-07(A) An amendment is proposed to the Local Facilities Management Plan (LFMP) for Zone 7 to reflect the proposed changes in land use. The plan has been prepared in accordance with Chapter 21.90 of the Carlsbad municipal code. The proposed document is the first amendment to the Zone 7 LFMP. The proposed land use changes do not result in any change in public facility requirements, compared with the existing Zone 7 LFMP. The LFMP Amendment indicates that the total number of dwelling units projected for buildout is 2,400 dwelling units, with a maximum of 78 1 dwelling units remaining for development. The proposed zone plan covers the entire zone and analyzes the requirements for the eleven - public facilities and services included within the growth management program outlined in Chapter 21.90. For each of the eleven public facilities, the plan lists the required performance standard, provides a facility planning and adequacy analysis, required mitigation and financing sources for any required mitigation. The zone will be in compliance with the required performance standards by implementing and/or satisfying the conditions listed within the amended Zone 7 LFMP. The impacts of the development of the Calavera Hills Master Plan pursuant to the Zone 7 LFMP will be further assessed at the village-level approvals where dwelling units and development construction is involved. At this time, only subdivision and mass grading is proposed, including College Blvd. Reaches B and C, Cannon Road Reach 3 and Detention Basin BIB. The amended Zone 7 LFMP provides for the delivery of major roadways via development of the Calavera portion of the project. Subdivision Ordinance: Master Tentative Map - CT 00-02 A single master tentative map is proposed to create the villages, and for the mass grading of portions of Calavera Hills Phase II, portions of BTD #4 (College Boulevard Reaches B and C and Cannon Road Reach 3), and Detention Basin BIB, as shown on CT 00-02 Exhibits “A’‘-“V”. Mass grading landscaping is depicted on Exhibits “w” - “LL”. The master tentative map would create 6 lots on approximately 217 acres. The lots being created correspond with the Village boundaries for K, L-2, U, W, X and Y. Villages H, E-l, and R are currently legal lots which will be regulated by the amended master plan’s provisions. No residential development or dwelling units are proposed with this master tentative map. Future subdivision and entitlement approvals for each Village will be consistent with the requirements of the amended master plan (Chapters VII and IX of MP 150-H). Grading volumes will total approximately 1,410,OOO cubic yards of cut and 1,324,OOO cubic yards of fill, including Calavera Phase II and College Blvd. (Reaches B and C) and Cannon Road (Reach 3). The mass grading will be followed by subsequent Village-level grading to provide EIR 98-02/GPA 99-03MP 1 SO(H)/LFMP 87-07(A)/ZC 01 -Ol/ CT 00-02/HDP 00-02 - CALAVERA HILLS PHASE II December 19,200l Pane 16 development pads. As reviewed in the EIR, rock blasting and crushing will be required with this mass grading operation, similar to the efforts carried out with the previous grading and development of Village Q within the master plan, The infrastructure improvements include roads such as College Boulevard Reaches B and C and Cannon Road Reach 3. Water, sewer, reclaimed water, storm drains, street lights and other utilities will be included in the roadways shown on the master tentative map. Since hillside topography is involved with proposed mass grading of CT 00-02, a hillside development (HDP) is required. HDP 00-02 accompanies the master tentative map and is reviewed below. Hillside Development Regulations: HDP 00-02 for the Master Tentative Map A Hillside Development Permit is required for the mass grading associated with the master ,_ tentative map, CT 00-02, since the property contains slopes of 15 percent and greater and has an elevation differential greater than 15 feet. The Hillside Development Permit is needed to review the proposed development shown on the master tentative map for conformance with the Hillside Development Regulations, Chapter 2 1.95 of the Municipal Code. The proposed development is in conformance with the intent and the regulations contained within the Municipal Code. Some flexibility in applying the hillside development ordinance is warranted to achieve the density transfer and clustering objectives of the master plan amendment as discussed below. HDP 00-02 Exhibits “MM’‘-VV” dated December 19,2001, depict the site’s constraints and slope categories, provide three cross-sections of the proposed grading, and outline the slopes with heights over 40 feet. Development of Natural Slopes Over Fortv Percent Gradient Depicted on the constraints map (Exhibits “MM’-“ 00”) are the hillside slope conditions and undevelopable areas. Approximately 23.4 acres of the Calavera Hills Phase II property are comprised of natural slopes having gradients above 40 percent. The proposed project disturbs 1.54 acres of these natural slopes affected by a circulation element roadway (College Blvd.), and small slopes that are excluded from the Hillside Development Ordinance. Vohune of Grading One of the standards of the Hillside Development Regulations is directed at minimizing the volume of grading proposed. The relative acceptability of hillside grading volume is determined as 0 - 7,999 cubic yards per graded acre (cy/ac) is acceptable, 8,000 - 10,000 cy/ac is potentially acceptable and greater than 10,000 cy/ac is unacceptable. This project proposes a grading volume of 9,660 cy/ac, which is within the acceptable range, after adjustments are made to exclude grading associated with circulation element roads and collector streets pursuant to Section 21.95.130 (A)(2) which is within the acceptable range. EIR 9802/GPA 99-03/MP lSO(H)/LFMP 87-07(A)/ZC Ol-Ol/ CT 0+02/HDP 00-02 - CALAVERA HILLS PHASE II December 19,200l Slope Height Manufactured slopes shall not be greater than 40 feet in height unless an exclusion is provided pursuant to Municipal Code Section 21.95.130 or a modification is granted pursuant to Section 21.95140. Seven permanent manufactured slopes would exceed a height of 40 feet as depicted on Exhibit “VV”. Exclusions are permitted for the majority of these slopes because they meet one or more of the following: 1) Hillside areas where a circulation element roadway or a collector street must be located provided that the proposed alignment(s) are environmentally preferred and comply with all other city standards; 2) Grading volumes, slope heights and graded areas which are directly associated with circulation element roadways or collector streets, provided that the proposed alignment(s) are environmentally preferred and comply with all other City standards; or 3) Hillside areas that have unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading. The seven slopes over 40’ in height facilitate a - grading concept that provides for the construction of College Blvd., and mostly adheres to the draft I-IMP hardline which defines developable versus non-developable areas of a project. Furthermore, some canyons, and steep slopes over 40% are preserved even though they are located within the “developable” portion of the HMP hardline. The remainder of the slopes qualify for a standards modification pursuant to Section 21.95.140 (A) as the modification will result in more overall open space or undisturbed area than would a strict adherence to the regulation. By not providing certain overheight slopes, the grading concept would have encroached further into adjacent open space areas. Plus, the overheight slopes on the eastern edge of the project help to provide positive drainage westerly to College Blvd. consistent with City standards. These considerations and slope height exclusions and modifications are based on the support of creating wildlife corridors and redistributing the master plan’s remaining dwelling unit allowance. They are also supported as modifications for the Calavera Hills Master Plan in that they will provide adequate developable areas and building pads to allow for the future clustered residential development envisioned by this master plan amendment. Contour Grading The Hillside Development Regulations require that all manufactured slopes which are greater than twenty feet in height and two hundred feet in length and which are located adjacent to or substantially visible from a circulation element road, collector street or useable public open space area shall be contour graded. The remaining areas are curve-linear and contour graded. The grading on the east edge of the project will be designed to transition to the varied and near vertical terrain of the adjacent natural open space through contour grading, undulations, and native landscaping. The granting of hillside grading standards modifications pursuant to Section 2 1.95140 (A) will result in significantly more high quality open space. Future village development will not necessitate individual Hillside Development Permit approvals except for Villages H and R. However, the residential Villages of K, L-2, U, W and X have a requirement within their respective sections of Chapter 9 of the master plan to determine EIR 9%02/GPA 99-03MP 1 SO(H)/LFMP 87-07(A)/ZC 01 -Ol/ CT 00-02HDP 00-02 - CALAVER HILLS PHASE II December 19,200l Page 18 and implement adequate slope top setbacks given proposed architectural designs at the time of individual village entitlement. V. ENVIRONMENTAL REVIEW An Environmental Impact Report (EIR) was prepared for the project in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines and the Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code. The EIR addresses the environmental impacts associated with all discretionary applications for the proposed project including buildout of the Calavera Hills Master Plan, and all segments of Cannon Road and College Boulevard of the City’s BTD ##4. To determine the areas of potential impact, city staff prepared an initial study and issued a Notice of Preparation (“NOP”) on November 12, 1999 (State Clearinghouse No. 99111082), distributing it to all Responsible and Trustee Agencies, as well as other agencies and members of the public. A number of written I responses were received and city staff scheduled public scoping meetings in order to facilitate public input. Although not required by CEQA, notices of scoping meetings were sent to a generalized area encompassing El Camino Real from the west to the master plan in the east; and from Carlsbad Village Drive from the north to Tamarack Avenue in the south. Notices were also published in the newspaper and requests for meetings granted and presentations were made with various community groups. Four public scoping sessions took place at the City’s Faraday Center. Scoping meetings were held in September 1999, and January, March, and April 2000. At the scoping sessions, the public was presented with a project description, and was invited to provide written comments on the scope and content of the EIR. After consideration of the comments received and based on the project description, city staff directed the initiation of the Draft EIR document. The EIR analyzed the following areas of potential environmental impact: 1) Land Use 2) Landform Alteration/Visual Quality 3) Biological Resources 4) Archaeological Resources 5) Paleontological Resources 6) Traffic Circulation 7) Noise 8) Air Quality 9) Geology 10) Hydrology 11) Public Facilities Additionally, the Draft EIR includes other sections required by CEQA such as an Executive Summary, Project Description, Cumulative Effects, Effects Found Not to Be Significant, Growth Inducing Effects and Project Alternatives. EIR 98-02/GPA 99-03/MP 1 SO(H)/LFMP 87-07(A)/ZC 01 -Ol/ CT 00-02/HDP 00-02 - CALAVERA HILLS PHASE II December 19,200 1 Pane 19 On February 2, 2001, the Draft EIR was published and the City notified interested Responsible and Trustee Agencies, as well as other interested agencies. “Notices of Completion of a Draft Program Environmental Impact Report for the Calavera Hills Phase WBTD #4 Project” were sent to all members of the public who had signed the interested party list at the scoping sessions or otherwise requested notification. The ‘Notice of Completion” commenced an initial 45-day public review and comment period initially expiring March 19, 2001. On February 8, 2001, at the request of various community groups within the public, the City extended the public review and comment period to a total of 60 days, expiring April 2, 2001 in order to give the public additional opportunity to review and comment in writing. This extension provided the maximum amount of review time allowed by CEQA for typical projects. The “Notice of Completion” advised that the Draft EIR was available for review at four locations: the City of Carlsbad Planning Department; the City Clerk’s Office; the Carlsbad Main Public Library and the Georgina Cole Public Library. Complete copies were also available through the Planning Department. The analysis contained in the EIR concluded that all significant impacts would be mitigated to below a level of significance with the exception of landform alteration (direct), visual quality/aesthetics (cumulative), transportation (cumulative), noise (cumulative), air quality (cumulative) and hydrology/water quality/drainage (cumulative), which would be considered cumulatively significant and unmitigatible. Direct impacts, also referred to as primary effects, are those caused by the project and that occur at the same time and place. In contrast cumulative impacts refer to two or more individual impacts that, when considered together, are considerable or that compound or increase other environmental impacts. The cumulative impact of several projects is the change in the environment that results from the incremental impact of the project when added to other, closely related past, present, or reasonably foreseeable, probable future projects. The cumulative impacts all arise from the marginal contribution the proposed project will make, when combined with the impacts from existing and other future projects, to pre- existing conditions that fail to meet applicable standards currently. A total of 34 comment letters were submitted prior to the close of the review period. Responses were prepared and mailed for each of the letters. Response letters also provided notice of the availability of the Final EIR. Included as a part of the Final EIR is a Mitigation Monitoring and Reporting Program (MMRP). The MMRP is attached to Planning Commission Resolution No. 5 112 for EIR 98-02. By the completion of the public scoping process, and after considering subsequent input by affected resource agencies, the Calavera Hills and BTD #4 elements of the EIR’s project description were modified in manners that either had no environmental effect; or had an environmental benefit. In any case, the assessment of environmental impacts in the DEIR is unchanged or reduced, so no additional mitigation measures are initiated or necessary by the project description changes being identified. As shown on the attached Errata to EIR 98-02 Project Description, certain items are clarifications, the addition of required land uses, and the clarification that a bridge and thoroughfare district is not the only city option to finance the College and Cannon roadways. Other changes include a developer-initiated reduction on the maximum height of structures within the affordable housing site of Village Y from three to two stories; and a revision to the EIR 98-02/GPA 99-03MP 1 SO(H)/LFMP 87-07(A)/ZC 0 1-O l/ CT 00-02/HDP 00-02 - CALAVERA HILLS PHASE II December 19,200l Page 20 mass grading concept presented and assessed in the DEIR. The reduced grading is more sensitive to 40% slope encroachments and preserves more canyon heads and natural undulations. The CT 00-02 exhibits reflect the revised grading concept. Other items reflect the most current input by resource agencies regarding mitigation details and roadway designs. All items will be implemented as appropriate through the Final EIR 98-02. Prior to any clearing or mass grading associated with the master tentative map, CT 00-02, all resource agency approvals will be required including the US Fish and Wildlife Service, the California Department of Fish and Game, the Regional Water Quality Control Board, and the Corps of Engineers. The proposed project is also consistent with the General Plan’s Environmental Goals, as summarized in the attachment to this report. A Mitigation Monitoring and Reporting Program reduces most identified impacts to ” insignificance, and is attached to the EIR Resolution (No. 5112). The balance of the impacts are addressed by the project’s Statement of Overriding Considerations, discussed below. Under CEQA, before a project which is determined to have significant, unmitigated environmental effects can be approved, the public agency must consider and adopt a “statement of overriding considerations” pursuant to CEQA Guidelines 15043 and 15093. CEQA recognizes and authorizes the approval of projects where not all adverse impacts can be fully lessened or avoided. However, the agency must explain and justify its conclusion to approve such a project through the statement of overriding considerations setting forth the Proposed Project’s general social, economic, policy or other public benefits which support the agency’s informed conclusion to approve the project. The CEQA Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program are attached to Planning Commission Resolution No. 5112 for EIR 98-02. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Planning Commission Resolution No. 5 112 (EIR 98-02) Planning Commission Resolution No. 5 113 (GPA 99-03) Planning Commission Resolution No. 5 114 (MP 150(H)) Planning Commission Resolution No. 5 115 (LFMP 87-07(A)) Planning Commission Resolution No. 5 116 (ZC 01-01) Planning Commission Resolution No. 5 117 (CT 00-02) Planning Commission Resolution No. 5 118 (HDP 00-02) Location Map Calavera Hills Phase II Villages (Exhibit 2 of MP 150-H) Disclosure Statements Errata to EIR 98-02 Project Description Consistency with General Plan Environmental Goals Final EIR for Calavera Hills Phase II/Bridge and Thoroughfare District #4/Detentions Basins BJ and BJB, dated December 19, 2001 (previously distributed; copy on file in the Planning Department) 169. EIR 98-02/GPA 99-03/MP lSO(H)/LFMP 87-07(A)/ZC 01-011 CT 00-02/HDP 00-02 - CALAVERA HILLS PHASE II December 19,200l Pane 21 14. 15. 16. 17. 18. 19. Calavera Hills Master Plan Amendment MP 150(H) (previously distributed; copy on file in the Planning Department) Zone 7 Local Facilities Management Plan Amendment, dated December 19, 2001 (previously distributed; copy on file in the Planning Department) Fiscal Impact Analysis of Master Plan Amendment 150(H), dated December 20, 2000, (previously distributed; copy on file in the Planning Department) CT 00-02 - Master Tentative Map for Calavera Hills Phase II - Full Size Exhibits “A” - “V”, dated December 19, 2001 (previously distributed; copy on file in the Planning Department) CT 00-02 - Landscape Concept Plan for Calavera Hills Phase II - Full Size Exhibits “W” - “LL”, dated December 19, 2001 (previously distributed; copy on file in the Planning Department) Hillside Development Ordinance Exhibits for Calavera Hills Phase II - Full Size Exhibits “I$M” - “VV”, dated December 19, 2001 (previously distributed; copy on file in the Planning Department) EM:mh AlTACHMENT 9 DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications w,hich will require discretionary action on the pan of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. J’our project cannot be reviewed until this information is completed. Please print. h’ote: Person is defmed as “Any individual. fum, co-parmership, joint venture, association, social club. fraternal organization, corporation, estate, uust, receiver, syndicate, in this and any other county, city and counv. tit! municipali@, 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 propeq owner mlist be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE. LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a corporation or pannershio. 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 necessat& 1 avera Hills II, LLC, Person a California limited Carp/Part Title liability company Title 2127 Hoover Avenue Address2 g 5 0 Address 2. . * OWNER (Not the owner’s agent) . Provide the COMPLETE, LEGAL names and addresses of m persons having any ownership interest in the property involved. Also. provide the nature of the legal ownership (i.e, partnership. tenants in common, non-profit, corporation, etc.). If the ownership includes a corooration or pattnershie, 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 McMillin Companies, LLC -. ., ~ d IJelmaLr II1LL.L Lt=U ; ’ abil=&yp or /Part ‘Tamarack Properties, Inc. Title company Title a California corporation 2727 Hoover Avenue c/o Firm Address Na+inn;rl pi+v. (A 91 . 9 5 0 Address 2075 Las Palmas Dr. l Carlsbad, CA 92009-1576 - (760) 438-11610 FAX (760) 438-0894 % -I 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonorofit oreanization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profit orpanization or as trustee or beneficiary of the. Non Profit/Trust N/A Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of Ci!\. staff. Boards. Commissions, Committees and/or Council within the past twelve (12) months? cl Yes I% No If yes. please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. - Signature of owner/dde n.4 drw-ecc Print or type name of owner D OaJ f+chv‘C Print or type name of applicant Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page2of2/73 of Carlsbad DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require 1 discretionan, action on the part of the Cip Council or any appointed Board. Commission or Comminee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, fum, co-partnership, joint venture, association, social club, fraternal organisation, corporation, estate, trust, receiver, syndicate, in this and any other county, city and count!*, cir\, municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this dpcument; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a corooration or oartnership. include the names. title. addresses of all individuals ownins more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corooration. include the names, titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) . Person &A-d 3: Mrud Title 5 L(fl Carp/Pan QGk%wGl LLL- Title + JYc&uk La- Ltc- 3 -. Address 2?2? Address 2127 tbaQ aJE . uek- Gy 9/w ~*-hJcx CIT-4 CA 4rpso OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of ALI, 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 oarrnership. inctude the names. title. addresses of all individuals owning more than IO% of the shares. IF NO JNDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a pubiiclv- owned corooration. include the names, titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Carp/Part x= g NYI tUlUbu!!WTAL rti q Title PM,,&,, Title Address 7 8’?9 St- w,\Or/ BLVD Address 7 87 q EL US OIJ fsLdD djz m=skccA - LA PW-SA CA 2075 Las Palmas Dr. l Carlsbad. CA 92009-l 576 l (760) 438-71610 FAX (760) 438-0894 l7P 3. 4. NOK-PROFIT ORGANZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit oreanization or a trust. list thr names and addresses of ANY person serving as an officer or director of the non-profir organization or as trustee or beneficiary of the. Non ProWTrust%% Dhti dti u~az Non Profit/Trust Title p-1 berv’i- Title Address 54 M ~5 Address Have you had more than $250 worth of business transacted with any member of Gin, staff. Boards. Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes BNo If yes, please indicate person(s): NOTE: Attach additional’ sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. / JL . p~sowr Signature of owner/date +C/Z.Ol Sig&ure of applicant/date . Print or type name of owner Print or type name of applicant Signature of owner/appl,icant’s agent if applicable/date Q . l . , - Print or type name of owner/applicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 /75 ATTACHMENT 12 CALAVERA HILLS PHASE II PROPOSED PROJECT CONSISTENCY WITH GENERAL PLAN ENVIRONMENTAL GOALS ANALYSIS The Carlsbad General Plan is divided into eight primary elements. Proposed Project consistency with applicable goals contained in each of the eight elements is provided below. Goals selected for the consistency analysis relate only to environmental issues. General Plan goals that are not related to environmental issues or that are repetitive to a goal previously discussed, are not included in the analysis. 1. Land Use Element The Land Use Element describes and graphically depicts the desirable arrangement of different land uses in the City. Land Use Element goals related to an environmental issue are listed below, each followed by a discussion of goal consistency with the proposed Calavera Hills Phase II project. Overall Land Use Pattern Goal A. f: A City which preserves and enhances the environment, character and image of itself as a desirable residential, beach and open space oriented community. Istencv, The proposed project involves a primarily residential and open space project, which would enhance the urban environment by preserving over 55% of the project acreage as open space, and an additional 38 acres of adjacent off-site biological mitigation land, while still providing for a mixture of residential densities and community facilities. The proposed project would preserve a total of 159.1 acres (55% of the proposed project site) within the City’s Draft HMP area. As a result, since the proposed project involves primarily residential and open space uses, the project is considered consistent with Goal A.l. Overall Land Use Pattern Goal A.2: A City which provides for an orderly balance of both public and ptivate /and uses within convenient and compatible locations throughout the community and ensures that all such uses, type, amount, design and arrangement serve to protect and enhance the environment, character and image of the City. Project Consistency, The proposed project is the final phase of a master planned community. This community provides for for a balance of compatible land uses in a manner that would complement the character and image of the City. The project proposes a variety of residential dwelling units, and two community facilities sites, which complement the existing nearby elementary and K-8 schools, and the public community park. This balance of urban land uses, in conjunction with the 159.1 acres of undisturbed open space proposed, provides for an orderly balance of both public and private land uses within the Calavera Hills Master Plan area. Growfh Management and Public Facilities Goals A.7 and A.2. A City which ensures the timely provisions of adequate public faciiities and services to preserve the quality of life of residents (A. 1). A City which maintains a system of public facilities adequate for the projected population (A.2). Proiect Consistency The proposed Zone 7 LFMP Amendment contain detailed development phasing programs for eleven public facilities covered by the Citywide Public Facility Plan. These plans ensure that public facilities will be in place when they are demanded by the projected growth. Compliance with all public facility performance standards identified in the Zone 7 LFMP must be demonstrated continuously as the proposed project develops. Growth Management and Public Facilities Goal A.3: A City that reasonably deals with the disposal of solid and liquid waste. Project Consistency, The proposed project would generate wastewater flows that would be treated by the Encina Water Pollution Control Facility. The Encina outfall system has sufficient capacity to dispose of the estimated peak flows associated with the proposed project. Solid waste generated by the proposed project would be collected by the City of Carlsbad’s franchise hauler (currently, Coast Waste Management) that disposes of collected waste at four County- owned landfills. The proposed project will be required to participate in the City’s curbside recycling program to reduce potentially significant landfill capacity impacts to below a level of significance. Residential Goal A: A City which provides for a variety of housing types and density ranges . . . while retaining the present predominance of single famiiy residences. I77 Project The proposed project would develop a maximum of 781 residential dwelling units, in neighborhoods of varying densities. The project proposes over 325 single family units, over 250 multi family condominiums, and 104 apartments. Minimum lot sizes within the single-family neighborhoods would range from 4,000 square feet to 8,000 square feet and the multifamily condominium and apartment areas would range in density from approximately 9 du/ac. to 19 du/ac. Lot sizes and densities would be compatible with many of the existing single-family and multi-family neighborhoods located within the Master Plan area. As a result, the proposed project will provide for a variety of housing types and density ranges, while retaining a predominance of single family residences. industrial Goal A: A City which develops an industrial base of light, pollution- free industries of such magnitude as will provide a reasonable tax base and a balance of opporfunifies for employment of local residents. Project Consistency, Consistent with the Land Use Element of the General Plan, the project does not propose industrial uses. However it will provide a significant amount of residential uses for potential industrial workers in the Palomar Airport industrial corridor of the city. In addition, the proposed project provides the College Blvd. and Cannon Rd. links to El Camino Real, which will provide greater efficiency in traffic circulation accessing the industrial employment area from the proposed project and points north. Agricultural Goal A: A City which prevents the premature elimination of agricultural land and preserves said lands wherever possible. Project Consistency, The proposed project site is not in agricultural use, nor has it been used for agricultural activities in the past. In addition, most of the project site does not contain soils suitable for cultivation of crops. Thus, the proposed project would not prematurely eliminate agricultural land. Environmental Goal A: A City which protects and conserves natural resources, fragile ecological areas, unique natural assets and historically significant features of the community. Project Consistency, The proposed project would preserve environmental resources and implement the Draft HMP in accordance with all local, state and federal laws, regulations and policies. The project would permanently protect 159.1 acres of natural open space on-site, plus an additional 38.0 acres on the Calavera Nature Preserved, all vegetated largely with sensitive coastal sage scrub and chaparral plant communities. Special Planning Considerations - Airport Goal A: A City which maintains land use compatibility between McClellan-Palomar Airport and surrounding land uses. Project Consistency. The proposed project is not geographically located within the influence area of McClellan-Palomar Airport, and thus no compatibility issues with the airport land use will occur. 2. Circulation Element The Circulation Element provides a comprehensive plan for the safe and efficient circulation. Circulation Element goals related to an environmental issue are listed below, each followed by a discussion of Proposed Project consistency. Streets and Traffic Con&o/ Goals A. 1, A.2 and A.3 A City with an integrated transportation network serving local and regional needs which accommodates a balance of different travel modes based on safety, convenience, a&activeness, costs, environmental and social impacts (A. f). A Cify with an adequate circulation infrastructure to serve the projected population (A.2). A City with a comprehensive network of roads which provides appropriate access to all land uses (A.3) Project Consistency, The proposed project will provide both on-site and off-site roadways in order to achieve consistency with this goal. On-site residential roadways are proposed in conjunction with development of the residential villages. The off-site link of College Blvd. to Cannon Rd. and Cannon Rd. to El Camino Real is also proposed. This is an important link in the buildout of the Circulation Element. College Blvd., including this College/Cannon link will be utilized as a bus route for public transit facilities. Bikeways are proposed on the arterial roadways. Additionally, a pedestrian travel modes program would be 179 provided through the creation of a proposed pedestrian trail system. This overall program provides for a balance of different travel modes resulting from development of the project. Streets and Traffic Control Goal A.4: A city with properly maintained, smooth functioning and safe traffic control systems. m The roadway classifications and right-of-way widths and design have been planned to ensure that traffic control systems will operate smoothly, safely and effectively. Traffic signals are proposed at intersections wherein warrants will be met. Traffic signals would be owned and operated by the City to ensure that they are property and consistently maintained. Stop signs are proposed at locations where traffic signals are not warranted. The proposed project is considered consistent with this goal. Akernative Modes of Transportation Goal A: A City which promotes, encourages, and accommodates a variety of transportation modes as alternatives to the automobile. Project Consistency, Bicycle, pedestrian and public transit opportunities would be provided in conjunction with the proposed project. Bike lanes will be provided on arterial roadways College Blvd., Carlsbad Village Dr., and Cannon Rd. Public community trails are proposed, which meander throughout the open spaces, interconnecting the proposed villages. Sidewalks are proposed along all public streets. Public transit is accommodated through transit customer pick-up centers along College Blvd. at Villages U and Y. Thus, the proposed project is considered consistent with this goal. Public Utility and Storm Drainage Facilities Goal A. 1: A City with a comprehensive network of utilities and storm drainage facilities which provide appropriate public utility and r7ood control services to all land uses. Pro-iect Consistency, A comprehensive network of drainage and water and sewer systems that provide appropriate service to the proposed project will be provided in conjunction with the proposed project. The adequacy of these utility systems has been addressed in the Zone 7 LFMP analysis, which results in the proposed system design and phasing. Compliance with the Zone 7 LFMP will ensure consistency with this goal. Scenic Roadways Goal A: A City which preserves and enhances the visual, environmental and historical characteristics of the local community through sensitive planning and design of transportation and utility corridors. Proiect Consistency. Sensitive design of land uses adjacent to transportation corridors has been addressed through the use of extensive and highly landscaped structural and noise wall setbacks from transportation corridors, as directed by City planned development policy. No identifiable historical characteristics of the site exist. However, the setbacks will serve to preserve and enhance the visual and environmental characteristics of these areas, and thus, provide consistency with this goal. 3. Noise Element The Noise Element sets forth goals, objectives and policies necessary to achieve and maintain an environment which is free from objectionable, excessive or harmful noise. Applicable Noise Element goals are listed below, each followed by a discussion of Proposed Project consistency. Land Use Goals A.1 and A.3: A City where land uses are not significantly impacted by noise (A. 1). A City which controls mobile sources of noise to help assure that mobile sources do not significantly contribute to the noise environment (A.3). Proiect Consistency. The proposed project is projected to generate pproximately 7,500 ADT at buildout. These vehicle trips would contribute to traffic noise along planned project roadways and existing and planned off-site roadways. Within the Proposed Project site, noise attenuation features, including berming and walls will be constructed along planned roadways where needed to reduce vehicular noise impacts to a level equal to or below the City noise policy levels. As a result, these barriers will serve to reduce vehicular roadway contribution to the noise environment. Land Use Goal A.2: A City with industrial and commercial land uses which do not produce significantly adverse noise impacts. Project Consistency. No industrial uses are proposed in conjunction with the proposed project. Community facility uses are proposed in Villages H and Y, which will not produce significant noise generation. Circulation Goal A: To provide a roadway system that does not subject surrounding /and uses to significantly adverse noise levels. Project Consistency, The proposed project has been designed with noise barriers of walls and wall/berm combination which will ensure that surrounding land uses are not subject to significantly adverse noise levels. With installation of these barriers, the proposed project is consistent with this goal. Airport Goal A: A City that achieves long-tern, compatibility between the airport and surrounding land uses. Project Consistency, The proposed project is not within the McClellan Palomar - Airport influence area. However, in an abundance of caution, future residents through CC&Rs that the proposed reject area is outside the airport’s noise impact area, but still subject to intermittent occasional single-event noise occurrences. 4. Housing Element The Housing Element provides an inventory of City housing, a housing needs analysis, demographic information, and opportunities and constraints for housing production in the City of Carlsbad. A revised Housing Element has been prepared by the City of I Carlsbad, but has not yet been approved by the State of California, Department of Housing and Community Development. Because the update is not yet approved, the analysis of consistency with the applicable environmental goals of the Housing Element is based on the approved Element. Quantity and Diversity of Housing Stock Goal 2: New housing developed with a diversity of types, prices, tenures, densities and locations and in sufficient quantity to meet the demand of anticipated City and regional growth. ProiectConsistencv. The Proposed Project is situated in the Northeast Quadrant of the City, as identified in the City’s General Plan. Pursuant to the Land Use Element of the General Plan, the City has adopted a cap for the maximum number of future dwelling units permitted in the Southeast Quadrant. Implementation of the Proposed Project would contribute up to 781 units in within this quadrant, and would be within the specified dwelling unit cap. In addition, according to the San Diego Association of Governments (SANDAG), the city of Carlsbad had a total population of 77,550 persons as of January 1, 1999. This population is expected to increase to 109,332 persons in 2010 and to 132,232 persons in 2020. To accommodate this rapidly growing population, the City will require 45,789 dwelling units by 2010 and 55,123 units by 2020 (SANDAG, February 1999 estimates). The proposed project will provide some housing to accommodate the City’s projected population growth. The Proposed Project would assure or provide for construction of a variety of housing types with varying densities, ranging from single-family detached homes to multi-family attached dwellings and affordable housing apartment units. Design guidelines and development standards are included in the proposed Master Plan which ensure that diversity of housing style constructed is achieved. According to estimates by SANDAG, the average persons per household for the City of Carlsbad was 2.58 as of January 1,1999. Using SANDAG’s average persons per household estimate, the Proposed Project would assure or provide housing for up to approximately 2,015 residents at project buildout. The proposed project is consistent with this goal. Groups with Special Needs Goal 3: Suficient new, affordable housing opportunities in all quadrants of the City to meet the needs of groups, with special requirements, and, in particular the needs of current lower and moderate income households and a fair share proporfion of future lower and moderate income households. Project Consistem& The proposed amendment to the Calavera Hills Master Plan anticipated up to 781 new dwelling units to be located in the Northwest Quadrant of the City by virtue of development of the proposed project. At least 15% of the proposed units are provided for at affordable rates within Village Y of the proposed project as required by the Housing Element of the City’s General Plan and all applicable ordinances that implement the policies and programs of the Housing Element. The provision of these units would meet the City’s I I inclusionary housing requirement. With the on-site provision of affordable housing, the proposed project would not result in an inconsistency or conflict with this goal; thus, no land use impact would occur. Housing, Jobs, Work Force Balance Goal 4: Maintenance of a high quality of life and a strong local economy through a balance of residential and non- residential development, in particular, a balance of the skills desired and wages offered by local employers; the skills and education possessed and wages earned by the local work force; and the cost of local housing. Pm, The Proposed Project involves development of the final phase of an existing master plan community consisting primarily of residential. A majority of the Calavera Hills Phase II project will be developed with housing units ranging from single-family detached homes to multi-family affordable housing, generating residents that will contribute to the local work force. Non- residential uses on-site that would contribute to job creation include a total of 3.0 acres devoted to community facilities such as daycare centers, places of worship, etc. Since the proposed project would generate housing opportunities for the local work force in a variety of income levels, no conflict or inconsistency with this goal would occur. Resource Conservation Goal 5: New and redeveloped housing which conserves natural resources, in particular energy and water. Project Consisteu In accordance with the proposed amendment to the Calavera Hills Master Plan, the Uniform Building Code, and other code requirements, the Proposed Project would be constructed with the following elements for the purpose of conserving natural resources: a) Use of low-water requirement vegetation in public street rights-of-way, parks and open space, and on manufactured slopes; b) Low flow shower heads and toilets: c) Pedestrian orientation -would allow residents to travel between uses without using automobiles; d) Double pane windows for insulation; e) Well-insulated building materials and pipes; and f) Appropriate “R” value in wall insulation. With adherence to these specifications, the proposed project would be consistent with this goal. 5. Open Space and Conservation Element The Open Space and Conservation Element provides the framework for a comprehensive open space system in the City. The goals of the Open Space and Conservation Element are aimed at preserving and protecting identified open space areas and maintaining or improving environmental quality. Because the goals of this Element are too numerous to list and analyze in this section, please refer to the remainder of this EIR for an analysis of the potentially significant environmental impacts that would be created by the Proposed Project. Open Space Planning and Protection Goal A.1, and Obtaining Open Space Goal A.2: An open space system of aesthetic value that maintains community identity, achieves a sense of natural spaciousness, and provides visual relief in the cityscape f (A. 1). A city where new developments provide for the open space needs of their residents (A.2) Proiect Consrstency, The proposed project has addressed this goal by maintaining extensive open space within each village. Overall, in excess of 55% .- of the proposed project area will consist of natural open space. Extensive setbacks, pocket parks and other open space features will also contribute to the open space feel of the project, thus rendering it consistent with this goal. Special Resource Protection Goal A.1: Activity that protects environmentally sensitive land and buffer areas. Project Consistency, The proposed project protects environmentally sensitive lands by setting aside for permanent open space protection, over 55% of the project acreage, and an additional 38 acres of adjacent off-site biological mitigation land. The proposed project would preserve a total of 159.1 acres (55% of the proposed project site) within the City’s Draft HMP area. The project is considered consistent with the Draft HMP, the basic foundation of which is to protect environmentally sensitive land and buffer areas. As a result, since the proposed project involves primarily residential and open space uses, the project is considered consistent with this goal. TraiVGreenway System Goal A.2: A city with a Carlsbad Trail System. Proiect Consistenq The proposed project includes a comprehensive trail program which will allow for development of pedestrian nature trails which meander throughout the open spaces and provide pedestrian interconnection of internal villages and offsite neighborhoods. These trail systems will provide connection to other off-site trails and contribute to the City’s trail system. Fire Risk Management Goal A: A city in which fire risk presented by native wildland open space is mitigated in a manner that provides a reasonable level of fire protection with sensitivity toward the preservation of natural resources. Project Consistency, In an effort to reduce the potential impact of wildfire risk, and in compliance with this goal, the Calavera Hills Master Plan includes guidelines for fuel management. Also, a Fire Suppression Plan shall be approved by the City of Carlsbad Fire Department for any areas designated as a Fire Protection Zone on the proposed project’s Landscape Concept Plans, and for structures located either adjacent to any natural open space area or adjacent to a manufactured slope that transitions to natural open space. Air Quality Preservation Goal A: A city with clean air. Project Consistency. The Proposed Project site is located in the San Diego Air Basin, which already experiences air quality problems. Implementation of the proposed project would contribute to the inability of the San Diego Air Basin to meet air quality standards, resulting in a cumulatively significant and unmitigable air quality impact. Water Qualify Protection Goal A: A city with high quality of water resources. Proiect Consrstency, Grading of the proposed project site as proposed by the tentative master subdivision map would not create uncontrolled runoff and would not substantially modify existing drainage patterns; thus, drainage impacts would be not significant. Development of the proposed project site would result in an increase in the cumulative amounts of urban pollutants entering Agua Hedionda Creek and Agua Hedionda Lagoon over existing conditions, however compliance with water quality standards will reduce this impact to insignificance. The cumulative contribution to urban runoff would be minimal and would not result in water pollution and/or contamination that would significantly impact human health and safety or biological communities. Historical and Cultural Preservation Goal A.1: A city in which its existing and continuing heritage is being protected, preserved, recognized and enhanced. Project Consistency, All identified archaeological sites impacted by development of the proposed project will be mitigated through a program of archaeological monitoring and data recovery, prior to construction. No other significant historical sites are identified within the project area. 6. Public Safety Element Goals of the Public Safety Element are set forth to alleviate the risks associated with identified geologic, seismic, flood, airport safety, electromagnetic field and fire hazards. Proposed Project consistency with the general Public Safety Element goal is discussed below. General Goal A: A city which minimizes injuty, loss of life and damage to property resulting from tire, flood, crime, hazardous material, or seismic disaster occurrence. Project Consistenu The Calavera Hills Master Plan is amended through the proposed project to incorporate a fire suppression program, incorporating fuel modification zones and fire protection standards into the proposed project. Fuel modification zones (i.e., thinning of existing vegetation) would be utilized wherever development is proposed adjacent to high fire hazard areas such as natural open space. The project is designed to reduce the potential risk of injury and damage to individuals and structures from fire through incorporation of various mitigation measures. The measures are expected to include: the use of fire retardant building materials, increased building setbacks from natural open space areas, fuel modification zones, utilization of plant materials with high heat and fire tolerance, etc. In select cases where homes or other structures are located on long cul-de-sacs that exceed City Fire Department fire safety standards, buildings may incorporate built-in sprinkler systems. No structure would be developed in a floodway. Appropriate mitigation measures, if necessary, would be implemented to reduce or eliminate any known potential for seismic disaster. 7. Parks and Recreation Element The Parks and Recreation Element represents the City’s commitment to develop park facilities and recreation programs for the use and enjoyment of its residents, tourists and employees. The Open Space and Conservation Element requires that 3.0 acres of public parkland be provided for each 1,000 residents. Consistency with this requirement is discussed below. Park Development Goal A. 7: A City that provides a diversified, comprehensive park system utilizing contemporary concepts and planning strategies. The Proposed Project has contributed to the provision of Project Consistency, the existing Calavera Hills Community Park, which is a state-of-the-art design, utilizing contemporary concepts and planning strategies. 8. Arts Element The Arts Element recognizes that an aesthetic environment is an essential community characteristic. The goal of the Arts Element is not related to an environmental issue area. J-28 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION item No. 1 0 Application complete date: PC. AGENDA OF: January 2,2002 Project Engineers: SUBJECT: EIR 98-02 - CALAVERA HILLS PHASE II/BRIDGE AND THOROUGH- FARE DISTRICT ##4 AND DETENTION BASINS BJ AND BJB - Request for a recommendation of approval for certification of an Environmental Impact Report including Candidate Findings of Fact, Statements of Overriding Consideration, and a Mitigation Monitoring and Reporting Program for the environmental review of the Calavera Hills Master Plan, the City’s Bridge and Thoroughfare District (BTD) #4 and Detention Basins BJ and BJB of the City’s Master Drainage Plan, located in the northeast quadrant of the City. GPA 99-03/MP lSO(H)/LFMP 87-07fAYZC Ol-Ol/CT OO-02/HDP 00-02 - CALAVERA HILLS PHASE II - Request for a recommendation of approval for: (1) a General Plan Amendment; (2) an amendment to the Calavera Hills Master Plan; (3) an amendment to the Zone 7 Local Facilities Management Plan; (4) a Zone Change; (5) a Master Tentative Map, and; (6) a Hillside Development Permit. These actions are being requested to allow for the land use changes and mass grading proposed for the buildout of the Calavera Hills Master Plan. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5112 RECOMMENDING CERTIFICATION of EIR 98-02 and RECOMMENDING APPROVAL of the Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 5113, 5114, 5115, 5116, 5117, 5118, RECOMMENDING APPROVAL of GPA 99-03, MP 150(H), LFMP 87-07(A), ZC 01-01, CT 00-02, and HDP 00-02, based on the findings and subject to the conditions contained therein. II. BACKGROUND At the December 19, 2001 meeting of the Planning Commission, the Commission heard Staffs presentation, opened the public hearing and heard the applicant’s presentation, took public testimony and closed the public testimony. Due to the lateness of the hour the Planning Commission discussion and vote were continued to the meeting of January 2,2002. EIR 98-02/GPA 99-03/MP 1 SO(H)/LFMP 87-07(A)/ZC 01 -Ol/ CT 00-02/HDP 00-02 - CALAVERA HILLS PHASE II January 2,2002 Page 2 ATTACHMENTS: 1. Planning Commission Resolution No. 5 112 (EIR 98-02) 2. Planning Commission Resolution No. 5 113 (GPA 99-03) 3. Planning Commission Resolution No. 5 114 (MP 150(H)) 4. Planning Commission Resolution No. 5 115 (LFMp 87-07(A)) 5. Planning Commission Resolution No. 5 116 (ZC 01-01) 6. Planning Commission Resolution No. 5 117 (CT 00-02) 7. Planning Commission Resolution No. 5 118 (HDP 00-02) 8. Staff Report with attachments (previously distributed) Planning Commission Minutes December 19,200l EXmSe ’ 5. EIR 98-02/GPA 99-03/MP ISOtHYLFMP 8797tAYZC Ol-011CT OO-021HDP 00-02 - CALAVERA HILLS PHASE II/BRIDGE AND THOROUGH-FARE DISTRICT #I4 AND DETENTION BASINS BJ AND BJB - Request for a recommendation of approval for certification of an Environmental Impact Report including Candidate Findings of Fact, Statements of Overriding Consideration, and Mitigation Monitoring and Reporting Program for the environmental review of the Calavera Hills Master Plan, the City’s Bridge and Thoroughfare District (BTD) #4 and Detention Basins BJ and BJB of the City’s Master Drainage Plan, located in the northeast quadrant of the City. Mr. Rideout introduced agenda item #5 stating that Eric Munoz, Project Planner, would give the presentation; assisted by David Hauser, Deputy City Engineer; and Lee Sherwood from ReCon, the Environmental Consultant to the project Chairperson Segall opened the public hearing. Eric Munoz, Senior Planner, stated that Calavera Hills is a combined project, half is a development project for the Calavera Hills Master Plan and half is the City’s Bridge and Thoroughfare District #I4 relating to College and Cannon roadways and detention basins. He said there are several entitlements specific to Calavera Hills up for consideration and the whole package will go to City Council after Commission’s recommendation action. Mr. Munoz showed the area that pertains to the combined project EIR 98-02 and pointed out the Calavera Hills Master Plan area and the Ranch0 Carlsbad Mobile Home Park for reference. He stated the EIR looks at the buildout of the Master Plan and the two roadways, Cannon Road and College Boulevard, and pointed out where the new intersections and extensions are planned. He also stated that the EIR includes Detention Basins BJ and BJB. The Calavera Hills project has an offsite requirement which is College Boulevard to the Master Plan boundary to the intersection with Cannon, and Cannon Road west to El Camino Real. It also needs to build Detention Basin BJB. Three elements of the Bridge and Thoroughfare District that are not required for the Calavera Hills project include Cannon Road Reach 4, College Boulevard Reach A, and Detention Basin BJ. He added that the Calavera Hills Master Plan and its buildout has four primary functions: It sets up wildlife corridors, transfers allowed density internal to the master plan, provides affordable housing, and provides community facilities. Mr. Munoz showed photographs of the 10 villages included in the Master Plan Amendment and briefly described the existing and proposed land uses for each village. He described the topography of the villages and explained the reasons for the changes to density and open space designations. He stated that Village Z is not currently in the Master Plan; it is an open space reserve, it involves the elimination of the currently allowed residential density on the site and they are including it in the Calavera Hills Master Plan. Village Z is the singular subject of the Zone Change proposal from Limited Control Zone to Planned Community Zone to formally include it in the Calavera Hills Master Plan. This IlO-acre site is now a fundamental piece of the regional and city habitat planning efforts. Mr. Munoz explained that the EIR is the only item before the Commission that covers all elements of the project, both City and private projects. The items for the Commission’s action that are exclusive to the Calavera Hills project are the General Plan Amendment, Master Plan Amendment, Local Facilities Management Plan Amendment, Zone Change, Master Tentative Map, and Hillside Development Permit. Mr. Munoz described each of the items. The General Plan Amendment makes designation changes that affect the General Plan that correspond with the residential increases and decreases throughout the Master Plan. The Master Plan Amendment sets up the new standards for the buildout of the Master Plan. The Local Facilities Management Plan Amendment is a growth management document that amends the facilities that are required for this zone. The Zone Change is specifically to the mitigation parcel changing the zone to include it in the Master Plan. The Master Tentative Map is for the mass grading portion of the Calavera Hills grading and the Hillside Development Permit accompanies the grading covered on the Master Tentative Map. He showed the existing and proposed general plan maps indicating their land use designations. Planning Commission Minutes December 19,200l Page 2 Mr. Munoz said the Master Plan Amendment provides architectural standards for the buildout and also provides village by village development standards and updates the Master Plan with current City standards such as affordable housing, trails, open space maintenance, livable streets, and community facilities. Regarding Calavera Hills Phase 2 traffic, Mr. Munoz stated that some time ago the whole city was modeled with all of these major projects as well as the road systems being in place and indicated that Calavera Hills would generate 7,534 ADT. The road segments included in the EIR are part of the 2020 buildout configuration. The traffic analysis findings result in offsite arterial improvements such as College Boulevard would have improvements from Carlsbad Village Drive to Cannon Road and Cannon Road would have some improvements from College Boulevard to El Camino Real. There would be onsite transition improvements around the Village H area and Victoria Avenue and Carlsbad Village Drive. There would be compliance with the Growth Management Plan and Congestion Management Plan level of service requirements, and no project mitigation is required beyond the required offsite and onsite improvements. Cannon Road Reach 4, College Boulevard Reach A, and Basin BJ are not required by Calavera Hills. Mr. Munoz showed College Boulevard and Cannon Road on the map indicating the proposed alignment, extensions, and intersections of the various reaches, and emphasized that Cannon Road Reach 4 is not required for the buildout of the Calavera Hills Master Plan. He said it is not currently funded or prioritized by the City of Carlsbad. CEQA and an Environmental Impact Report are being done now for feasibility only and to allow a funding mechanism to be developed. The City of Carlsbad and City of Oceanside as - well as any other stakeholders will be looking at the final design of the road. He said the City of Carlsbad Staff met with Oceanside citizens three times and integrated some of their comments into the preferred alignment, however the alignment is not final and needs City of Oceanside approval. He said a lot of future interaction and dialogue is expected before settling on a final alignment that is supported by all concerned parties. He added that only a General Plan Amendment can remove Cannon Road Reach 4 from the City’s General Plan. An EIR analysis of one potential alignment is what is before the Commission. The final alignment will be subject to City of Oceanside approval and City of Carlsbad review. The CEQA and Environmental Review will get reassessed once there is a final alignment and it may be that the environmental review has to be augmented, redone, or modified once there is an alignment that all parties support. Mr. Munoz turned the presentation over to David Hauser to present the Bridge and Thoroughfare portion. David Hauser, Deputy City Engineer, pointed out on the map the proposed improvements and extensions to College Boulevard and Cannon Road. He stated they are calling it Bridge and Thoroughfare District &I, however, the environmental document allows other financing districts as well so if it results in being an assessment, Mello Roos, or other type of district, it is currently allowed under the environmental document. Mr. Hauser stated the financing district approval process includes the following items: Identify Need for Improvement - this is typically done when doing the Local Facilities Management Plan (LFMP) or a Master Plan as is being done with the Zone 7 amendment. It was done with the older Zone 7 LFMP, the Zone 14 LFMP, and the Zone 15 LFMP. Each of these plans required financing to occur for certain portions of these major roads. The City looked to put together a larger financing district due to the overlapping financing requirements and construction responsibilities of these roads. The Calavera Hills project is part of this larger financing district that includes roads that are not going to be built by Calavera Hills. Establish Boundary of Proposed District - The boundary of the proposed district was established based on the LFMP requirements. Preliminary Engineering Studies - initial cost spreads and develop cost estimates for the proposed district. Environmental Approval for the District. Council Approval for the Fee Study Report and to accept the public hearing. Council Public Hearing to Establish a District. Final Engineering Plans and Obtain Permits - resource agency permits as well as permits from the City of Oceanside for the right-of-way and grading permits to allow Cannon to be constructed in the City of Oceanside. Planning Commission Minutes December 19,200l Page 3 0 Construction of Improvements. Mr. Hauser stated the only item for action at this meeting is the environmental approval of the district. Mr. Hauser stated the construction phasing of College/Cannon includes College Reaches B and C and Cannon Reach 3. This is a requirement of the Calavera Hills Master Plan and will be a requirement placed upon their Master Tentative Map, which is a subject of review and recommendation before the Planning Commission at this meeting. They would be required to initiate construction prior to the first building permit in Calavera Hills Phase 2 project. The road connection of College and Cannon would be up front with the first permit issued in the master planned project. The road opening would be required prior to exceeding 2,500 ADT. He said a road of this size would typically take about l-l% years to construct. The developer has the ability to construct some of the units during that time and would like to final some of those units during that time so they can develop the money to finance the roadway. College Reach A is required to be constructed with future development in Zone 15. Cannon Road Reach 4 is essentially needed before buildout of the city and will be built after obtaining the permits from Oceanside and after a funding mechanism to support the construction of the road is developed. Mr. Hauser discussed the following road alignment issues they dealt with in preparing the EIR: Calavera Creek crossing location - the City did an extensive review of the alternative alignments for both College and Cannon. The outcome of the study is that the proposed alignment of College and Cannon is the least environmentally damaging alternative of building these two roads in accordance with the ‘- General Plan requirements. Loss of access to Ranch0 Carlsbad Mobile Home Park amenities - the College Reach 3 portion cuts across some parcels of the park and will close the current access to their recreational vehicle storage area, their maintenance facilities, and their community gardens as well as other facilities in that location. Mr. Hauser stated that the developer and the City had extensive negotiation and he believes there is a resolution to this issue. An errata sheet adds three additional conditions: construction of a sound wall, additional landscaping, and an option to purchase a piece of the McMillin property immediately north of the mobile home area. He said that the park’s homeowners association indicated they would support the project with those additions. Proximity to existing homes at the Cape at Calavera, Ranch0 Carlsbad Mobile Home Park, and Ocean Hills - He pointed out the developments on the map and explained alternatives considered and measures taken to mitigate the concerns and needs of the residents as well as the resource agencies. Need for Reach 4 of Cannon Road - Several requests were made to have it removed from the EIR. Two reasons for that request are that it crosses the habitat preserve and subsequent to issuing the EIR, there was a proposal by Vista to drop a portion of Cannon Road that extends from Melrose Drive to Highway 78. After a general review to see if it would make a difference to the overall environmental analysis, staff felt that that it didn’t really change the need for Cannon Road Reach 4. Mr. Hauser stated an analysis was done to see what would happen if Cannon Road was taken out, which would require a General Plan Amendment. Essentially it showed that increases in buildout levels of traffic that would occur on surrounding road networks in the city would be quite heavy. College Boulevard in the master planned area would have an additional 6,000 vehicles going up to Highway 78, Highway 78 would get anywhere from 1,000 to 4,000 additional vehicles per day, Melrose Drive from Cannon to Shadowridge 2,000 additional vehicles, Shadowridge down to Palomar Airport Road 5,000 additional vehicles per day, Faraday Avenue and Palomar Airport Road would each receive 3,000 vehicles per day. There would also be increases in traffic on l-5 and El Camino Real. In terms of impacts, the increases in traffic would result in failing levels of service at the intersections of Shadowridge/Melrose, FaradaylMelrose, Melrose/Palomar Airport Road, Palomar Airport Road/El Camino Real, MarronlEl Camino Real. The two on-ramps to the freeways would also go to failing levels of service, one going from EtoF. Mr. Hauser stated that tonight’s action provides for the following: an environmental approval to establish a financing district for College Boulevard and Cannon Road, an approval for the preferred alignments for /93 Planning Commission Minutes December 19,200l Page 4 College and Cannon, approval to construct College from Carlsbad Village Drive to Cannon Road, and approval to construct Cannon Road from College Boulevard to El Camino Real. Mr. Hauser described the follow-on actions that would need to occur: l Obtain permits from the City of Oceanside (right-of-way, grading, and potentially some discretionary permits). This may require some community outreach and discussions with resource agencies to get an alignment that is satisfactory to all parties. It could potentially require supplemental environmental information if an alignment is chosen that has different impacts. l Finalize relocation plans for Ranch0 Carlsbad Mobile Home Park recreational vehicle storage area, maintenance access, and community garden. This would require an amendment to the Ranch0 Carlsbad Mobile Home Park Conditional Use Permit. It would include community involvement, require supplemental environmental documentation, and establishment of a financing plan to pay for the improvements. Mr. Hauser briefly went over the project descriptions of floodwater retention basins BJ and BJB. Basin BJB is located at the northeast corner of College and Cannon Road intersection and will have an inundation area of approximately 15 acres and a storage capacity of 49 acre-feet. All impacts can be mitigated. Basin BJ is located on the east side of College Boulevard approximately 350 feet south of Cannon Road at the current location of the recreational vehicle storage lot and maintenance facilities. The inundation area would be approximately 8 acres with a storage capacity of 48 acre-feet. The impacts - to the mobile home park’s recreational vehicle storage and maintenance facilities are identified as a mitigation within the EIR. He said the EIR talks about relocation of a smaller RV site but the larger existing RV site is something that must be dealt with during the property acquisition phase of the project and will be part of the settlement that is being worked on with the Ranch0 Carlsbad Mobile Home Park owners. Mr. Hauser stated that the reasons for including these basins into the overall EIR are that they mitigate potential flooding impacts from the Calavera Hills project, the major roads project, and the future development; they are an implementation of the Master Drainage Plan; and part of a larger program to mitigate flooding at the Ranch0 Carlsbad Mobile Home Park property. Mr. Hauser stated that Basin BJB is required prior to or concurrent with the mass grading of Calavera Hills Master Plan and also with the extension of College Boulevard Reaches B and C and Cannon Road Reach 3. Basin BJ is required prior to or concurrent with construction of Reach A of College Boulevard. Mr. Hauser turned the presentation over to Lee Sherwood, Environmental Consultant from ReCon. Mr. Sherwood stated that the Final EIR for the Calavera Hills project addresses all three project components: Phase 2 of the Master Plan, the various reaches of College Boulevard and Cannon Road, as well as the detention basins. He stated it was a lengthy process getting to this point, involving the public as well as the wildlife agencies. He briefly went over the steps taken. Beginning in 1999 the applicant and the City conducted several meetings with the resource agencies to try to determine what the hardline preserve open space system should be and in August 1999 a consensus was reached on how the open space should be configured. In the fall of 1999, the City decided to prepare a joint EIR that included both the roadways as well as the Calavera Hills Master Plan, and a Notice of Preparation for a draft EIR was issued in November. Starting in September of 1999 the public became involved and Staff conducted four public meetings between September of 1999 and April of 2000. Between April of 2000 and February of 2001 the draft EIR was prepared. It was released for a 45-day public review period in February of 2001. The applicant is proceeding along with the City trying to secure state and federal resource agency permits. Mr. Sherwood stated the final EIR includes an errata sheet that indicates changes and revisions made to the project as a result of this interactive process, and corrections made to the document. He said there were about 38 letters of comment from state and federal agencies, local conservation groups, and concerned individuals. Responses were provided to the letters. He added that the mitigation monitoring reporting program, which provides the detail on how the mitigation measures will be implemented, is included as Appendix L in the final EIR. 194 . Planning Commission Minutes December 19,200l Page 5 Mr. Sherwood said examples of some of the revisions made to the project include the change in Village K to accommodate the wildlife corridor and reducing the height of the buildings in Village Y from 3 stories to 2 stories. He briefly discussed the following four major issues addressed by the EIR: l Significant Land Use Impact - College Boulevard Reach A and Detention Basin BJ would affect the Ranch0 Carlsbad Mobile Home Park RV storage area. This was identified as a significant impact and there are mitigation requirements to ensure the loss of that storage area would be replaced. . Traffic Circulation - it was indicated that approximately 7,500 trips would be generated by Phase 2 of the Master Plan. The traffic analysis that was prepared for the’ project looked at short-term and long- term impacts (2005, 2020 at buildout), intersections, and street segments. It concluded that there were no direct impacts associated with the buildout of the master plan, and the mitigation measures onsite are signalization and construction of the reaches of College Boulevard and Cannon Road. There is a significant cumulative impact that this project would contribute to at the intersection of State Route 78 at the El Camino Real ramps, however, there is no mitigation required for the project itself. l Biology - There is a variety of habitat types in both the Master Plan as well as the habitats the roadways traverse. The sensitive habitats are coastal sage scrub, a variety of riparian habitats, the ” California Gnatcatcher occurs in the coastal sage scrub and the Least Bell’s Vireo occurs at the intersection of College Boulevard and Cannon Road. The project would be consistent with the resource agency requirements in terms of habitat linkages. Mitigation for these impacts is outlined in the EIR. Ongoing are the 404 and 1603 permitting processes for the riparian impacts. The applicant and City hope that those can be resolved soon. l Noise - There would be significant impacts from traffic-generated noise. A model was done based on the mass grading plan to determine what the noise levels would be and what the barrier heights would need to be. As each one of the individual tentative maps come forward there may need to be more refined noise studies done to better define what the noise walls need to be. Mr. Sherwood reiterated that Staffs recommendation to the Commission is to certify the final EIR and recommend to the Council the adoption of the CEQA findings and overriding considerations. Mr. Munoz wanted to clarify that due to some public requests the public review period was extended to 60 days, the maximum allowed by CEQA. All letters were responded to. He then described the four changes to the master plan listed in the errata sheet. Mr. Hauser stated that the developer agreed to three additional conditions to the tentative map resolution listed in the errata sheet that go beyond the scope of the requirements for the project. He said these conditions were agreed to as a result of meetings with the Ranch0 Carlsbad Mobilehome Park. He described the conditions and stated that he would like to add the words “should there be one established” to the last sentence of the errata sheet but would have to first get agreement from the Ranch0 Carlsbad Mobilehome Park representative. In summary, Mr. Munoz stated that the City is about 50 years old, the Calavera Hills Master Plan is about 30 years old, and in many ways the buildout of the Calavera Hills Master Plan parallels the buildout of the City. There is about a third left to build out the City and about a third left to build out Calavera Hills. He said the Master Plan is being amended to bring up to current City standards items such as open space, open space management, regionally significant resource agency mandated wildlife corridors, affordable housing, community facilities, trail systems, and livable streets within the Master Plan document. He stated that this is what is before the Commission in addition to the EIR that goes beyond Calavera Hills for the infrastructure. Commissioner Compas asked Staff to comment on letters that were received prior to the meeting that the Commission did not have time to review. Mr. Munoz replied they would start with the EIR letters. Planning Commission Minutes December 19,200l Page 6 Mr. Sherwood replied that he received two letters today, one from the California Indian Legal Services, bringing up issues regarding the archeology work being done on the site. He said it’s his understanding that there will be an agreement in place with the Luiseno Native American group to ensure there is a pre- excavation agreement and there will be Native American monitoring going on while the grading is taking place. It was his understanding that they wanted to mirror the agreement that occurred with the Villages of La Costa and mentioned that perhaps the applicant could speak in more detail on this issue. Mr. Sherwood stated the second letter from the Law Offices of Everett DeLano had to do with the possible recirculation of the draft EIR. He said the letter is correct in that there is an errata that goes with the document. The errata was prepared to correct changes that occurred in the draft EIR as well as reflect changes that have occurred to the project itself. He stated that the information presented in the final EIR does not trigger substantial new information or new impacts and it does not reach the level that warrants recirculating the document. Mr. Hauser stated the letter from Sue Loftin, representing Ranch0 Carlsbad Mobilehome Park, indicated that the association was willing to support the project provided that the City implement the additional conditions discussed previously and that the City Staff is agreeing to pursue a course of action that will essentially effect the relocation of the facilities to the McMillin site. In his opinion the letter from Staff dated December 19th should cancel out the letter from Ms. Loftin dated December 5th provided they come to a conclusion on the issue with the financing. Mr. Hauser stated the letter from Lighthouse Ventures indicated the Robertson family is objecting to being - included in the Bridge and Thoroughfare District ##I for the financing of College and Cannon Roads. The basis of their objection appears to be that as they proceeded with laying out their project plans and discussions with the agencies there is a wildlife corridor that cuts the parcel. The eastern half of the Robertson property has been purchased by McMilllin which has direct access onto College and Cannon, but the western portion retained by the Robertson’s does not have direct access onto the streets so they are asking for some sort of relief from their inclusion in the district. He said this is not an item for the Commission at this time, it is a follow-on item that would be taken to the City Council after some of the details of the formation of the district are completed. It is not yet at that stage and should have no impact on the approval of the Environmental Impact Report. Mr. Munoz stated four letters addressed Cannon Road Reach 4. The McNeese letter basically states opposition to the raised roadway stating that it would be unsightly, noisy, and disturbing to a lovely native habitat. Mr. Munoz said it is because of the lovely native habitat at the end of the current alignment down in the canyon that the resource agencies won’t allow the road to go in its current alignment and that’s why it got adjusted to go up the slope. Another issue is related to the City of Vista not connecting Cannon all the way to 78. He said that’s a regional dimension to the issue that goes outside the City and may have to be looked at from a regional context. Another letter opposing Cannon Road Reach 4 from Audrey Sargisson states that people have purchased homes there in the belief that the extension would not be built. Mr. Munoz said whether the road gets built or not is outside the City of Carlsbad and it was nothing Staff ever said since it has been on Oceanside’s and the City of Carlsbad General Plan for approximately 30 years. A letter from Ms. Bowles is in direct support of Cannon Road Reach 4. Another letter was from all the Oceanside City Council members. They support the at-grade alignment of Cannon Road, which has some resource agency and federal issues that need to be dealt with. He stated that the letter highly recommends that Cannon Road Reach 4 be further discussed and analyzed by Carlsbad and Oceanside staffs to find a compromise position that may better serve our mutual concerns. Mr. Munoz said that is the Staffs intent as well, and the alignment is far from being finalized and it needs to have stakeholders, both city and resource agency folks settle on what actually can be permitted. He added that is not precluded by any action tonight or by the EIR. Chairperson Segall stated there were also letters from the Department of Army, Preserve Calavera, Sierra Club. Mr. Munoz said he could not respond to those letters because he had not yet read them. Mr. Munoz said there was also a letter from Mayor Terry Johnson with comments similar to the balance of his council urging coordination and interaction between the cities to set an alignment that is mutually acceptable to everyone. Commissioner Compas asked when the mass grading is supposed to start for Calavera Hills if everything gets approved. Mr. Hauser replied that the developers want to be in a position where they can clear the Planning Commission Minutes December 19,200l Page 7 site this grading season. The nesting season for the California Gnatcatcher begins February 14th or 15th and they are trying to get through this process and get to the City Council and complete their resource agency permits and get to a stage where they can clear. Commissioner Compas asked what has to be in place on the detention basin before they can start and wanted to know if the district has to be set. Mr. Hauser replied the two basins are not part of the financing district; they are financed out of the master drainage plan fee program Commissioner Baker asked for clarification on restriping the intersection of Tamarack and El Camino Real and removing the barrier as mentioned in the Staff report. Mr. Hauser replied that the traffic study done for the project indicated that by keeping the barrier in place they could develop out the project and not negatively impact the roadways or the growth management standards. The City said no development would be allowed without the requirement that the barrier be removed and connect the College/Cannon roads. Therefore, there was an inclusion that if the project does not go forward, there would still be a resolution that could occur. At the time, the Council was looking for alternatives in case the College/Cannon connection didn’t go through and wanted to recognize that alternative within the EIR. That alternative in the EIR was not addressed in great detail because it was not part of the project. Subsequently, a traffic analysis was done for the issue of removal of the barricade by itself and it was discovered that to remove the barricade without the road extension would require completion of the construction of Cannon Road Reach 2B which is the portion from El Camino Real to the freeway. The alternative would also require restriping of Tamarack at El Camino Real intersection limiting it to one through lane westbound and turn the other through lane into a left turn pocket to clear more cars through - the intersection. There would also be the requirement of doing improvements to Carlsbad Village Drive at the place where there’s the safety issue because there would be more traffic going on that section of the road without College/Cannon connection. Other improvements were to put in a couple of traffic signals. If this project builds College/Cannon there would be no need to do the restriping. Commissioner Baker referenced language in the Master Plan Amendment stating that College/Cannon have to be under construction at the time of issuing building permits and wanted to know how it plays out in terms of when the road actually has to be completed and those housing units are occupied. Mr. Hauser responded that with finaling of the Master Tentative Map, they will prepare all the plans, secure all the right-of-way, secure the agency permits and enter into a secured agreement with the City for the construction of that road. The road will be guaranteed for construction before they grade the site. Then they will start the construction of the road which will take about 1 to 1% years to complete, and they can complete the grading and initiate construction of homes in about 6 months and complete a home in about 3-4 months. The road could still be under construction when they’re ready to offer occupancy for the homes, so Staff said they would issue permits up to an allowable 2,500 vehicles a day, which is roughly 250 homes, but could be more or less if they go with the community sites first. Commissioner Baker asked what the overriding document is because it says in the Master Plan that the road only needs to be under construction in mitigation for each of the villages. Mr. Hauser replied that it is mitigation for each of the villages but in advance of getting to that they are doing the Master Tentative Map so the condition is placed upon the Master Tentative Map that they will initiate construction with the mass grading operations. Commissioner Trigas wanted to clarify that the road alignment that is preferred on Reach 4 needs to be discussed with the parties involved and the specific alignment can be changed and does not have to be held to the preferred. Mr. Hauser replied that is correct, and it is not unusual to get environmental approval for a project and then during review with the resource agencies something is spotted in the field that they feel needs protection and the agency asks the alignment to be moved. In their area of study he said they did a 500-foot swath of biological, archaeological, and other studies to determine the impacts. The 500 feet is centered approximately on the preferred alignment so the road could horizontally move within that 500-foot area, but there is no limitation vertically. Chairperson Segall asked to see the map for Reach 4 and asked for a show of hands from the audience how many were present because of Reach 4. Due to the number of people concerned with Reach 4 he said he would like to focus questions in terms of Reach 4 on what we’re doing tonight, what the implications are, and what the impact is in the future. Chairperson Segall referenced the letter from the City of Oceanside City Council which states, “It is our position that the wetlands impacts of an “at existing 19’7 Planning Commission Minutes December 19,200l Page 8 grade” alignment should be mitigated rather than exposing residents to increased impacts and the resulting measures necessary to reduce these impacts.” He asked Mr. Hauser if he knew what that would mean in terms of mitigation because what he’s hearing is that while the wildlife agencies are saying you can’t go through here, the City of Oceanside is indicating they should be mitigated. He wanted to know how would they be mitigated and is it possible by going back and studying this issue further with the agencies that they would allow it to be mitigated and have the road go through where the residents would like it. Mr. Hauser responded that the applicant and the City are currently going through the approval and permitting process with the Army Corps and the U.S. Fish and Wildlife Service. One of the steps in that process is to identify the least environmentally damaging preferable alternative. He said if you can’t demonstrate that Reach 4 going through the bottom of that canyon is the only preferable alternative, he didn’t think they could make that argument. He said he didn’t think the federal agencies would let them even attempt to build that because it can be shown there is another alternative that misses that habitat. He added that is the process that they’re going through right now on the rest of the project. Chairperson Segall asked Mr. Hauser if he’s saying it’s preferable to the wildlife agencies, not to the community. Mr. Hauser stated you have to demonstrate that the alignment that you’re trying to approve is the least environmentally damaging alternative and he does not think that could be done with an alignment going straight down the canyon into the riparian habitat. Chairperson Segall asked Mr. Hauser if he looked at it from all angles and is convinced that you can’t go ~ through it and the best alternative is going around it, backing up onto Cannon Road and going around it. Mr. Hauser replied that there are other alternatives that also avoid the habitat and could be found environmentally acceptable but that the preferred alternative provides a bigger buffer from the wetland habitat itself as requested by the resource agencies. Mr. Munoz said that as they go into an interactive process with the City of Oceanside to finalize this alignment, we may end up somewhere totally different and will have to adjust the environmental review at that time. He said he thinks that’s the time, to be fair to Oceanside, when they have a chance to make a pitch to the resource agencies for the concerns of their stakeholders adjacent to that road segment given the environmental impacts that are federally regulated, not regulated by the City of Carlsbad. He said they have the opportunity ahead of them and we would support any efforts to do that. If we did not include Cannon Road Reach 4 in the current EIR, this intersection might have been in a school site or a mitigation area. We were forced to look at the big picture but this last link of Reach 4 has a lot of time to let the dust settle. He said he thinks Oceanside wants to get a fair shot with the resource agencies because they were not involved in discussions to get to this point. He thinks if we all get on board and move forward that’s reflective of the letters received from the Mayor and his Council, and that’s how the Staff is prepared to go forward. Chairperson Segall wanted to confirm that all the Commission is approving tonight is the EIR for Reach 4 and coming up with a viable alternative, but there is a lot of work ahead before it is really determined. If the City of Oceanside says they will not allow the road to be done that way, then it’s back to the drawing board until a compromise is reached. Mr. Munoz replied that is correct and stated that it’s also a similar situation for College Reach A going south to El Camino Real and Detention BJ. The only difference with Cannon Road Reach 4 is that there is another city to deal with. The other improvements are internal to Carlsbad. Commissioner Dominguez stated that one of the confusing aspects is the time span that exists between the original alignment at the end of the Ocean Hills development, almost 20 years ago, and the requirements of 2001, are like night and day. In order to move ahead we have to have something that considers all the differences and changes on environmental requirements that have taken place over the years. He said he thinks eventually this can be settled and mitigated so it works and thinks some of the fears that have become obvious in some of the local newspapers have really fermented fears that shouldn’t exist at all. Commissioner Trigas wanted to clarify if the City of Oceanside made efforts to talk to or approach the agencies to communicate their concerns or has it just been the letter received from the Council. Mr. Hauser replied that to his knowledge the City of Oceanside did not talk to the resource agencies. He said 198 Planning Commission Minutes December 19,200l Page 9 Staff had some discussions with them but didn’t get into details of alternative alignments, Some were presented to the Oceanside Staff fairly late in the process. He said they did not comment on the draft EIR during the comment period. They received comments later on as the process was concluding and getting to the stage of presentation to the Commission. He said they showed 3 alternatives and there are probably 40 or 50. Essentially what Staff is trying to do is to set up for an environmental approval to allow the formation of the bridge and thoroughfare district. To do a formation of a district you do not necessarily have to have the final design plans together to go forward with it. You’re looking for a level of effort so that you can establish that you do have some environmental approved alignment that can work and that you can prepare adequate cost estimates that include the mitigation measures. The reality of the situation is mitigation measures are now becoming a major component of the cost of a project. They used to be 5 percent of the cost and now they’re upwards to 30 or 40 percent of the construction cost of the road. He said they’re required by CEQA to go forward with the environmental review process for the roads. In a normal project they would be following on with the design plans and refining these issues and moving forward to solve all these kinds of problems. However, it wasn’t done on this one because they were looking strictly for a feasibility study that allowed them to move forward with the financing plan. Commissioner Trigas wanted to clarify that it would take a General Plan’ Amendment to remove Reach 4 so that is not an issue tonight. Mr. Munoz reaffirmed and stated that no application has been made for a General Plan Amendment. Chairperson Segall asked if approval was received from the church for Cannon Reach 4 that goes through its property. Mr. Hauser replied that the church is one of the stakeholders and was talked to early ” on because alignment 3 impacts their site. With the revised alternative of it being lowered they haven’t had the time to show them the impacts. He said if they are not on board and willing to go along with this there would have to be a condemnation action, which would be the City of Oceanside lending their powers of condemnation, to assist in getting the road through there and they would have to do that at a public hearing and have a statement that there is a public necessity for the construction of this road. There are a lot of issues that have to be resolved and stakeholders that have to be satisfied to get a final product. Chairperson Segall asked if there would be opportunities for the City of Oceanside to participate in mitigation fees if they’re able to go through the riparian area. Mr. Hauser said they’re always willing to take money from anyone wanting to put money into the project. Commissioner Compas said there appears to be no single story homes in Phase 2 of Calavera Hills and there are fairly long streets and asked why there are no single story homes. Mr. Munoz responded that the Calavera Hills Master Plan Amendment is a vehicle where customized standards can be made for that particular master plan area. It would allow Calavera Hills to establish the wildlife corridors and develop their residential neighborhoods in a clustered development context. They have some architectural standards in their master plan that address a good street scene with the option of not providing single story houses and units. There are other tradeoffs throughout the architectural program that they have such as no three-in-a-row car garage. Looking at the whole mix, it had enough staff support to put it to the Commission, but the developer is prepared to present the street scene and architectural provisions and standards in a more comprehensive manner. Commissioner Trigas stated that in her opinion page 52 of the Master Plan Amendment says that there would be single story homes and there seems to be a contradiction between Section 28 and Section 2D. Mr. Munoz responded that Section 2B sets up an allowance for an option of single story or reduced second story homes and when you get to architectural variety it says that it’s the intent to have some kind of variety. Further in that section it talks about a prefiling submittal where before they actually submit their village they need to get some kind of support from the Planning Director that they have an architectural variety in their plan. It could potentially be architectural variety that is achieved without the single story. Commissioner Trigas said when she reads Section D it defines architectural variety and it is not an either/or; it is clearly that these 3 types would be part of the architectural variety. Mr. Munoz suggested that she ask the applicant how he proposes to clarify that. Mr. Munoz said one element of the errata sheet is to strike out the phrase of dormer two story, that is something that is not proposed with this master plan. The errata sheet does not strike out single story. 199 Planning Commission Minutes December 19,200l Page 10 Commissioner Baker asked if the Master Plan is approved as written, could there be villages with no single story homes. Mr. Munoz replied that could potentially be the case, and if that is an issue the Commission should address it. Commissioner Baker stated that the multi-family villages can have a maximum height of 34 feet and asked if it is typical that multi-family can be higher than single family homes. Mr. Munoz replied that in fact it is lower than the citywide allowance of 35 feet. Commissioner Baker said she did not see livable streets language anywhere in the Master Plan. Mr. Munoz told her to ask the developer where it is and how it would be implemented, but he said it’s basically having the parkway next to the street internally. Chairperson Segall asked how Phase 2 architectural design compares to Phase 1 architectural design. Mr. Munoz said it actually meets a fair amount of the old PD ordinance while at the same time meeting the new PD ordinance. In one sense it goes in the direction of the new citywide standards for architectural variety in not having a street scene dominated by garages, and livability. Chairperson stated it’s also proposing styles and different design elements within communities. Mr. Munoz replied that the styles would be best described by the applicant. Chairperson Segall asked what is meant by recreational areas for each villages. Mr. Munoz said that would be part of the applicant’s presentation, but basically there is an A list and a B list. The A list is a swimming pool, a tennis court, a spa. The B list has other items. The idea is to spread out some of the - bigger active amenities throughout Phase 2. Chairperson Segall asked if the Commission would have future opportunities to review architectural styles and the site development plans and be able to see layouts and orientations as in every other project. Mr. Munoz replied that the Planning Commission will review all aspects of all future projects within the Calavera Hills Master Plan. Projects that have over 50 units will go on to City Council for final approval. He said all of the provisions and architectural and development standards that the Commission will approve on subsequent maps are being established now with this Master Plan Amendment. Chairperson Segall asked Mr. Munoz to address trails because of concern from the community regarding hooking up to the trail system. Mr. Munoz stated that this project has an exhibit in the Master Plan that sets up the trail system master plan wide that will be implemented as the tentative maps come in. If the citywide trail system is at a point where it can take over these master plan and individual trail segments throughout the city, that will be done in a comprehensive manner. Applicant Brian Milich, representing the Corky McMillin Companies, 2727 Hoover Avenue, National City, stated that after almost 4 years and countless meetings with the public, community groups, individuals, the City of Carlsbad, and resource agencies it was a pleasure to be able to present the Calavera Hills Master Plan Amendment as well as the College Boulevard, Cannon Road, and Detention Basin projects. He recognized City Staff members Don Rideout, Eric Munoz, Dave Hauser, and Frank Jimeno for the countless hours they spent working on the project. He stated there are three distinct project components before the Commission: The Calavera Hills Master Plan Amendment, the College Boulevard Reaches B and C and Cannon Road Reach 3, and Detention Basin BJ projects which will be constructed by the Calavera Hills project. He stated the Cannon Road Reach 4, College Boulevard Reach A, and Detention Basin BJ projects will not be built by the Calavera Hills projects. He said they want to avoid issues on roads and detention basins that they are not constructing that would slow down or stop, not only the Calavera Hills project, but also the roads the City wants to get built. The reason for the Master Plan Amendment is that the resource agencies wanted a major habitat corridor through the central portion of the project. A habitat was put through Village K and significantly reduced the density of that village. The Master Plan Amendment redistributes density and simultaneously significantly increases the open space. Mr. Milich said they will have over 60 percent open space in this final phase of the Master Plan and will also bring the overall Master Plan to almost 46 percent of permanently preserved open space. It clusters development and allows them to bring the community up to current standards in terms of community facilities, design guidelines, and provides a more balanced range in housing opportunities in the community. He stated that with the Master Plan comes some significant public benefits - the College Boulevard and Cannon Road connection, the permanently preserved open space. They are also purchasing 35 acres of open space offsite. He said they are providing diversity of housing, affordable Planning Commission Minutes December 19,200l Page 11 housing to satisfy the City requirements, and setting aside over 3 acres for community facilities, which was not required by the original Master Plan. Regarding circulation improvements, Mr. Milich said they are building only College Boulevard Reaches B and C and Cannon Road Reach 3. Construction of those roadways offers the City the ability to remove the existing barricade at College Boulevard, which has been a controversial item over the last several years. This will allow a connection all the way from 78 to l-5 with the completion of the Cannon Road link on the west side of El Camino Real. He said they would be providing approximately $19 million of public benefit to the City which includes roads, detention basins and a lot of public improvements, which is over $30,000 per market rate unit. Mr. Milich described the additional open space that will be provided with the project. He stated there would be a significant corridor through the heart of the project that will provide linkages in the north portion of the county important to the City’s habitat management plan and the overall North County MHCP. He said part of the open space includes three miles of additional trails as well as enhancement of existing natural trails. Mr. Milich stated they will be providing an affordable housing site, subsidized housing that will not exceed 50-60 percent of the average median income, which is actually below the City requirement of 70 percent. He said they have been very careful to design Village Y to minimize any impacts to neighbors. They will be providing some attached housing opportunities to provide an intermediary range of housing, and single family homes that will be similar in style and design to the existing Calavera Hills project. Mr. Milich stated that because it is a master planned community they have the ability to prepare their own design guidelines. He said a new PD ordinance was established during the process and it was made clear to them early on that they needed to adhere as closely as possible to the new PD standards. He said they have been working with Staff to address those standards as well as the livable streets. In terms of the single story issue, Mr. Milich state they have come up with what they think is a good solution to the issue of single story homes on the lots in Calavera Hills. He said they have a reduced second story option to provide a home that lives like a single story home with the master bedroom and all the living functions on the first floor and provides an opportunity to have a second level, but a much reduced second level. It allows people to live on the first floor and have the flexibility to have a second floor. The PD ordinance currently requires 15 percent of the homes to be single story and they are providing 20 percent of the homes as this partial second story unit. Mr. Milich said there was a requirement during the process that said they had to provide community facilities such as day care centers and churches. As a result, they set aside a total of 3 acres in the final phase of the master plan for these uses one on Village H (2 acres) and one on Village Y (1 acre) and already have some interest in those sites from both a church and a day care operator. Mr. Milich said the project is compliant with all terms of the Growth Management Plan. He added that probably the greatest benefit they’re providing to the City is the construction of College Boulevard and Cannon Road. He said it’s been a long planning process and for the most part has been an extremely good and beneficial process. They haven’t always agreed but have always been able to reach a solution and move forward. Mr. Milich asked that the Commission recognize that the Cannon Road Reach 4 issue is separate and apart from their project. He did not want that to be the one thing to hold up the Calavera Hills project and the College Boulevard Reaches B and C and Cannon Road Reach 3. Mr. Milich stated they spent quite a bit of time with the Ranch0 Carlsbad homeowners and worked with them at length on addressing their concerns. While it wasn’t necessarily a requirement because they weren’t building Reach A and the detention basin that ultimately impacts their uses, they wanted to be part of the solution. He said they’re providing them almost 2 % acres of property and heavily landscape it as a buffer between the road and their project, they’re going to accommodate their future RV parking and their garden uses on McMillin’s Robertson Ranch property should they decide to go ahead and purchase that property. Mr. Milich said they are also going to increase the height of the wall and berm along Planning Commission Minutes December 19,200l Page 12 Cannon Road at their cost to provide an even greater buffer. He added he thinks they have changed the Ranch0 Carlsbad homeowners from project opponents to project proponents. Mr. Milich said they have had a number of discussions with the California Indian Legal Services. He said that although it is not a condition of the project it is anticipated that they will be entering into some type of pre-excavation agreement with them so they can come onsite and monitor the grading operations. He said they have no problem with that. Mr. Milich stated they have been working with resource agencies and still have permits to receive from the Army Corps of Engineers, Fish and Wildlife Service, and Department of Fish and Game, and Regional Water Quality Control Board. He said they submitted applications to these agencies well over a year ago and expect to have those permits within the next month. Mr. Milich added that he was glad to be before the Commission and thinks the project provides significant benefits. He requested their consideration and approval of the project. Commissioner Compas asked what the timing and construction sequence would be if approval is received. Mr. Milich replied that the project and the roads are interlinked and the grading for the project provides the dirt for the roads so the two have to go hand in hand. Assuming they go forward tonight and to the City Council in January they would begin clearing operations as soon as they can. He said it will probably be a year to 14 months to actually construct the roads. He said they are tied in terms of the number of units that can be built while the road is under construction. He said the road also provides a I great marketing entrance to the project so they are highly motivated to get the roads built as soon as we can. Commissioner Compas asked which villages would be built first. Mr. Milich replied that they would most likely start in the upper portion of the project with Villages K, L-2, and E-l. Villages U, Y, W, and X are dependent upon when they can bring the infrastructure to those neighborhoods. Commissioner Compas asked Mr. Milich what his position is on livable streets. Mr. Milich said they are going to be adhering to the livable streets. Commissioner Compas asked what his position would be if the Commission decided they wanted 10 percent single story and 10 percent partial two stories in order to approve the project. Mr. Milich replied that they believe the solution they came up with is better all the way around for the person buying the home as well as the City. He said they have talked with Staff, and if the Commission is adamant in terms of having some single story they would like the ability to decide what villages they would be in and where they would go. He said one of the things in their design guidelines is that on streets that are 550 feet or greater there is a requirement that 25 percent of the units are the partial single story plan. Commissioner Trigas asked that single story homes remain an option in the language. Mr. Milich replied that it was their intent to allow single story homes as an option but they did not want to have an obligation to provide them if the market wanted the partial two story homes. He said he would have no problem with a requirement that they allow an option for single story but have asked it to be worded that it is not a requirement. Commissioner Trigas said she would like it to be an option when it is presented for final submittal. Mr. Milich reiterated that it was not their intent to preclude single story homes and thought that option was in there and they are fine with the option of having single story in there. Commissioner Nielsen asked if McMillin purchased the Cannon Road Reach 4 portion of the Robertson Ranch. Mr. Milich replied they did not purchase that area, they purchased the portion of the ranch that includes the right-of-way for College Boulevard Reaches B and C and Cannon Road Reach 3. RECESS Chairperson Segall called a recess at 8:20 p.m. MEETING CALLED TO ORDER Chairperson Segall called the meeting back to order at 8:34 p.m. and opened public testimony. Planning Commission Minutes December 19,200l Page 13 Mayor Terry Johnson, 169 Mayfair Street, Oceanside 92054, stated that he and Council Member Sanchez were present on behalf of the entire Oceanside City Council to express their concerns. He had a petition signed by over 1,400 people protesting the realignment and elevation of Cannon Road as proposed in the EIR by the City of Carlsbad. He said this roadway presents a threat to the health, safety, security, and environment of the Ocean Hills community. He then read for the record the letter from the Oceanside City Council. Commissioner Baker asked Mayor Johnson if he was aware that the Planning Commission was not going to be making a decision on the alignment of Reach 4 this evening. Mayor Johnson replied that he was aware of that. Chairperson Segall asked him if he was okay with the idea that the City of Carlsbad will be meeting with the City of Oceanside and the stakeholders at a future date to try to iron out all these issues. Mayor Johnson stated he was okay with that. He added that at the last regional traffic seminar, which no one from the Carlsbad Council attended, everyone from Darrell lssa to Bill Horn to local elected officials agreed that this is very important regional issue and everyone has to work cooperatively and in collaboration to find the funding sources necessary to mitigate the impacts that will greatly affect residents in both communities. Bill Arnold, Chairman of the Negotiating Committee for the Ranch0 Carlsbad Owners Association, 3379 Don Pablo Drive, Carlsbad, stated that when the EIR came out in March of 2001, they realized things I were going to change for them. The two issues they were concerned with were the proximity of Cannon Reach 3 along their northern border and the loss of access to their RV parking, garden, and maintenance facilities when College Reach A goes through. Their committee had many discussions with City Staff and Mr. Milich of McMillin and they reached an accommodation with McMillin and the City. McMillin will build an 8-foot high sound wall along the entire length of Cannon and plant a dense forest of trees along the eastern end where it gets fairly close to residents’ back yards. McMillin is also going to give the Ranch0 Carlsbad Owners the ability to purchase some property on the Robertson land below Cannon to replace the RV park, garden, and maintenance facilities when College Reach A goes through. Mr. Arnold stated that overall they are pleased with the outcome assuming everything goes as planned, and they have no objection. Sue Loftin, of Loftin & Ward, 4330 La Jolla Village Drive, Suite 330, San Diego, 92122, General Counsel to the Ranch0 Carlsbad Owners Association, echoed Mr. Arnold’s comments with regard to the cooperation they received from City Staff and the McMillin team. She stated they provided a letter dated December 19th that withdraws their request to vote no sent in on a letter dated December 5th, and they now request a yes vote to move this matter forward. The request is conditioned specifically upon the finalization of the agreements that Staff has outlined. She stated they concur with the conditions of the errata and agreed with Staff that the following language may be added after the third condition, substituting the last word “fund” for “funding” and it would read as follows: “funding source or sources established by the City for this purpose. Any such credit and repayment mechanism shall be implemented concurrent with or after the transfer to the City by the Association of the property rights required to install Basin BJ.” Tom Flanagan, 3331 Donna Drive, Carlsbad, stated he previously lived in Calavera Hills and headed a group in Calavera Hills who filed letters in support of rezoning E-l to residential. He expressed his support for the project and thinks that everything being done is very favorable to Calavera Hills, property values, and the City. He stated there is an urgent need for College Boulevard to go in. He pointed out a few concerns he had, stating that when the habitat link is put in there should be sidewalks on both sides of the habitat area where Tamarack crosses Glasgow into the next subdivision. It was his understanding that the developer wants to put it in but the City does not. He said there should be serious meetings with the school board on the intersection of Tamarack and College Boulevard where children have to cross the road. He stated he did not think signal lights only would be adequate and suggested an enhancement for the children’s protection such as things that light up on roadway when children are in the intersection. He stated that overall it is a tremendous project and should be supported and he thought it had the support of everyone in Calavera Hills. Planning Commission Minutes December 19,200l Page 14 Heather Bost, 7216 Durango Circle, Carlsbad, 92009, stated she was the first of five speakers representing Preserve Calavera, a grass roots organization dedicated to preserving the integrity of the open space in Carlsbad. They would address five key issues: the wildlife corridors, Village H, the trails, Cannon Road, and the management plan. She stated she was born in Carlsbad and one of the best things about growing up in Carlsbad was the easy access to open space and the opportunity to experience wildlife creatures first hand. She felt it is their responsibility to ensure future generations have the same opportunity. Ms. Bost stated the green areas shown in some of the maps to represent the open space and wildlife corridors in the Calavera Hills region appear to be very extensive, but the representation is very deceiving. She stated the wildlife corridors are fairly fragmented and will not be viable for use by a broad range of species the way they are currently planned. She said planning viable wildlife corridors is going to be especially critical to preserve the functioning of the core open space when the development of surrounding areas is taken into consideration. She said roadway construction needs to be planned with those eventualities in mind and that means incorporating wildlife crossings into the roadway plans. She said there are several locations where necessary crossings are not incorporated into the current development plans as discussed in the EIR. She said the major problem area will be College Boulevard and an undercrossing needs to be incorporated in the area where College will be extended between Reaches B and C. She said they would like the City to consider alternative options, such as an overcrossing, at the existing section of College, Reach D, the intersection with Carlsbad Village Drive, which would allow animals and humans a safe passage. She showed an example of a poor undercrossing currently located where Melrose dead ends. She showed the type of undercrossing they would like to see incorporated into the plan that is located at South Melrose. That undercrossing has a bridge, natural lighting, and normal vegetation and passage for a full range of animals. Her - recommendations are to consider designing the new section of College to accommodate a wildlife crossing, retrofit the existing College Boulevard so that the wildlife corridor will be viable, and design crossings that will support a full range of animals. She added they should also consider removing the barriers underneath Tamarack. Stan Katz, 4906 Neblina Drive, Carlsbad, stated Calavera Hills Phase 2 proposes to place community commercial land use into the area referred to as Village H, their current intent is a day care center. He voiced objection to placing a daycare center or public center in this location stating that Village H has served as a community gathering place and dog walking path for 30 years. He said Village H is an important alternative wildlife corridor connecting Calavera Nature Preserve Core Area 3 and Core Area 2, and any construction in the south end of Village H will destroy its function as a wildlife corridor. He said numerous studies show reduced traffic impacts when day care centers locate near major employers. He stated that Village H is already located on a dangerous curve and development would create further traffic problems during commute hours. He said a daycare center is not compatible with the existing park use for dog walking; pets and young children would be entering and leaving the area at the same times and safety could be an issue. He said noise and traffic from the daycare center would negatively impact the animals that live in this habitat and the natural forest wilderness charm would be irreversibly damaged. He said if further planting of native plants and trees was done in this section of Village H instead of developing it, this would become a wonderful park for future generations to ,enjoy. He said their proposal is to retain this area as part of community open space and they need help with the following: Direct Staff to explore flexibility in the new community facilities ordinance as it applies to this site. He said City Staff said they are willing to do this. Second, require developer to delay grading or dumping on this site to allow time to explore options for community acquisition. He said he was told the developer is willing to do this. Gigi Orlowski, 3729 Bennington Court, Carlsbad, stated she has been leading nature hikes on the Calavera Nature Trails for the Preserve Calavera Organization. She said she was present to speak on two community trail issues that were not addressed in the EIR or during the meeting. The first is the need for Carlsbad resident public access points to the Calavera Nature Preserve system that is currently very difficult to access. She said there is currently no provision in the Calavera Phase 2 development plans to create any good access points. A good public area would include public parking and connecting trails to the Calavera Nature Trails in the citywide system and establishing good public access would discourage people from creating their own pathways to the system. She stated the second item is a need for community trails in the Calavera Phase 2 development that would link to the Calavera Nature Preserve trails and other trails in the citywide trail system. She said Phase 2 area already has several existing beautiful trails with views of the ocean, Robertson Ranch, and Mount Calavera. College Boulevard Reaches B, C, and A are also proposed to cut through this area and they would like to encourage Planning Commission Minutes December 19,200l Page 15 Carlsbad to include major trails on at least one side of these reaches of College Boulevard before they are built. She said they would also like to see some of the current trails in this area integrated into the Phase 2 development plans, particularly the trail on the eastern slope of the proposed Village W. They also propose community participation in the development of this Phase 2 community trail planning and management process with the developer and the City. In summary their recommendations are: Provide for trail parking access from the end of Tamarack and at Calavera Park. Integrate the trail access from residential neighborhoods to the citywide trail system. Develop trail plan in the management process that would include community participation, and include nature trails alongside College Reaches C, B, and A. Jeremy Jerome, 3512 Hastings Drive, Carlsbad, stated he would like to address Cannon Road concerns. He said Reach 4 is a major concern because it will essentially bisect the Calavera Preserve, that has been identified as a core habitat on Carlsbad’s HMP. He said one of the basic tenets of wildlife biology is that bigger is better and a large contiguous preserve will support a much healthier ecosystem than two smaller preserves. Putting a 102-foot roadway through the center of the preserve will essentially make it two smaller preserves with significant habitat impacts. Most of the destroyed habitat will be high quality coastal sage scrub. In addition, there would also be air pollution, noise, and visual impacts from 30,000 cars a day on the adjacent plants and animals. The wetlands impacts include Little Encinas, Calavera, and Agua Hedionda Creeks all flowing out to Agua Hedionda Lagoon. He said the public will bear the cost for all this destruction and will pay for it in four ways: Outright cost of the construction of the segment, the reduced value of the nature preserve, the cost to acquire hardline preserve core land, and mitigation of 4 to 1 ratio as required by the wildlife agencies. He said they ask for two things: remove Cannon Road Reach 4 from the EIR and would also like you to update the Carlsbad circulation element. He said - Carlsbad’s plan is outdated. He suggested coordinating with the neighboring cities and come up with a plan that saves the Calavera Preserve but still addresses regional traffic concerns. Diane Nygaard, 5020 Nighthawk Way, Oceanside, stated she would talk about management of preserved open space. She said we’re all responsible for protecting this land and we’re not doing a very good job protecting it. She showed some examples of areas damaged due to not protecting the land. She stated that Phase 1 mitigation is in place on paper but the examples clearly show we are failing at protecting this land. She said there are about 10 different management plans for what is really a single contiguous open space area and there will be more as more developments come on line. She said they need an integrated management plan for protected open space that’s included in the HMP, one that would combine Phase 1 and Phase 2 and eventually be incorporated into an overall plan. She said they need language in the interim agreements that allow for transfer to a single management entity, similar to the language proposed with Kelly Ranch. She said they also need status reporting on Phase 1 mitigation and accountability. Esther Sanchez, 1415 Poole Street, Oceanside, stated she is on the Oceanside City Council and was present in two capacities, first to support Preserve Calavera and as a City Council member of Oceanside. She stated she wanted to clarify that the position of Oceanside City Council is to oppose the plan as proposed and to urge the Commission not to certify the EIR and not to adopt the findings. She said there were a number of things presented about Cannon Road Reach 4 - that it is not required for the buildout of Calavera Hills Master Plan so it’s something that doesn’t have to be addressed tonight and that part of the EIR doesn’t have to be certified. Secondly it was said that Reach 4 is not currently funded or a priority of the City Council so she questioned why it was before the Commission tonight. She said she had a chance to meet with members of the homeowners association of Ocean Hills, and not everyone wants this road, she’s not sure the Council wants this road. She said if it was presented to the Oceanside City Council, they would say no. She emphasized to the Commission that this is something they did not have to address tonight and urged them not to do that and not to adopt the findings as to Cannon Reach 4. Chairperson Segall said it appears that this is very important to the City of Oceanside and asked Ms. Sanchez why the City of Oceanside did not comment when the EIR was circulated. Ms. Sanchez replied that it was not at the request of the City Council; it was not presented to the City Council. She added that she was urged as early as August about this and she constantly asked their City Manager when this was going to get before them because it’s something very important to their city. Commissioner Baker asked Ms. Sanchez if she is opposed to Cannon Reach 4 in any form whatsoever, and unwilling to work with some kind of alignment that may be more sensitive to the Ocean Hills Planning Commission Minutes December 19,200l neighborhood. Councilwoman Sanchez replied that she has not heard a reason to build this road and at this time does not see a good reason to build this road. Commissioner Baker asked Councilwoman Sanchez if that is the feeling of the entire Council. Councilwoman Sanchez replied they have not discussed it entirely as a council because she thought the feeling was that they were being invited by the City of Carlsbad to discuss this at the table. At this time they are looking forward to discussing it, but at this point she said, “I would say you’re in a pickle, what we have said on paper is “at grade” and we know you can’t do that”. Commissioner Baker asked her why that was put in the letter and why not be more forthright. Councilwoman Sanchez replied that Staff was directed to write the letter and thought it was a polite way of telling you not to do this because we’re not supporting this. Commissioner Heineman said to Councilwoman Sanchez that you’re asking us to be very considerate of Oceanside but you’re saying you misled us and played us for fools. Councilwoman Sanchez said 30 years ago there was a different time and if you didn’t read it to understand that, I’m sorry you didn’t understand it. Keith Hendrickson, 3745 Cavern Place, Carlsbad, said he was pleased to hear about Village K, and L-2, but was not happy about the quantity of residents being planned for E-l. He said the plans show there is only one way in and one way out off of Glasgow where there is already a loft of traffic because of the park district. He said he was concerned that no one has taken into consideration that there is an elementary school being built at Tamarack and College. He voiced concern about the relief that McMillin is asking for _ specific to Reach C, Reach B, and Reach 3 and there is no definitive timeframe for them to complete those reaches, but they still want to be able to build the houses. He said it will only add additional traffic and a lot more headaches to the people already living there. He was also concerned that McMilllin may have a problem telling the truth. He referred to a meeting where Mr. Milich gave a presentation and when asked if he came to the meeting specifically to ask for relief in order to build homes in areas K, L2, and El in parallel of completing those roads, it took about a half hour for him to answer the question. Mr. Hendrickson said that appeared deceptive to him. He said they need to come to the residents and provide a plan to them and stick to it, and the Planning Commission are the only people that can hold them to it. He said he doesn’t think they should get what they’re asking for tonight, thinks it should be tabled and reviewed until they come up with a plan that’s acceptable to everyone, and include the homeowners. Ruth Gans, 4918 Delos Way, Ocean Hills, stated when she moved to Ocean Hills in 1991 she knew that Cannon Road was to be built and expected it to be built but she never expected it to be an elevated road that would literally destroy the homes and their community. She said the solutions (sound barriers, cutting a road through a beautiful habitat to save another) are not really solutions. When planning the extension of Cannon Road Reach 4, the cities of Oceanside, Vista, and Carlsbad must join together. She said Assemblyman Mark Wyland and Congressman Darrell lssa at the May 14th Transportation Summit Meeting made a similar comment in regards to funding - that cities must work together before funding will come forth. She said they have serious concerns about protecting their homes, the habitat, physical. safety getting in and out of their communities, and pollution. She asked who is going to fund the road; you’re going to expect government funds to fund a road that doesn’t serve the communities well. She said existing environmental and biological problems relating to Cannon Road Reach 4 would need to be resolved before getting permits. She said they are asking to keep the alignment at the present grade. Remove Reach 4 from the circulation and come up with a better solution. Diana Aaron, 2747 Via Tulipan, Carlsbad, Executive Director of the Carlsbad Educational Foundation and the Kids Are Worth A Million Campaign stated she was present to show support for the Calavera Hills project and the proposed changes for the master planned community. She expressed appreciation for the support McMillin and Brookfield have given to the Carlsbad Educational Foundation and the Kids Are Worth A Million campaign. She briefly described the Kids Are Worth A Million campaign and how they were able to reach, achieve, and broaden their goals with support from McMillin and Brookfield. She stated a $15,000 donation from McMillin and Brookfield has been designated for the new Calavera Hills School and was presented to Kids Are Worth A Million at the groundbreaking ceremony. In addition, McMillin and Brookfield have agreed to continue their financial support and partnership with Kids Are Worth A Million by donating $50 from every home that is sold in the final phase of Calavera Hills project. Planning Commission Minutes December 19,200l Page 17 She encouraged the Commission to approve this project so that their Foundation and campaign can continue to receive donations from the sale of the Calavera Hills homes. Chairperson Segall stated for the record that he serves on the Board of Directors of the Carlsbad Educational Foundation and had no knowledge of this nor was part of any discussion on whatever action was taken by the organization. Commissioner Baker also stated for the record she is also on the Board of Directors of the Carlsbad Educational Foundation and had no knowledge of this. Gordon Sieler, 5082 Dassia Way, Oceanside, stated he would like to add some statistics to the packet Mayor Johnson gave to the Commission. He said there are 1,437 signatures from Ocean Hills Country Club stating that they’re opposed to the planned elevated Cannon, Road in the City of Oceanside. There are 2,640 residents in the community and a vast majority is against the elevated Cannon Road that is in the EIR. He recommended Reach 4 be taken out of the EIR, set aside, and look at it from a three-city standpoint, and get the road that satisfies the needs and residents of all three cities Mark Mojado, P.O. Box I, Pala, stated he is Luiseno and their territory consists of Encinitas to San Juan Capistrano and Hemet. The San Luis Rey Band is one of seven tribes in this area. His concern is the cultural resource part of the project and the well being and respect for some of the sites that would be impacted in this process. He said Brian Milich had contacted them in the past few months regarding pre- excavation agreement. He expressed concern regarding the lack of effort from the archaeology firm ‘- doing the testing in getting back to him to evaluate the significance of some of the sites. He stated to date the firm is still not finished with their evaluation or technical work. He stated it’s best to have them involved early with the developers to get everything worked out in a respectable manner. He said the EIR mitigation is a good thing but would like to have it more comprehensive on some of the more significant sites that may have a lot of impacts. They would like to be part of the conditions of approval. Commissioner Trigas said she was led to believe there were discussions to deal with his concerns. Mr. Mojado said there are ongoing discussions but there is nothing definite regarding the process. Commissioner Dominguez asked Mr. Mojado if they have reached a pre-excavation agreement at all. Mr. Mojado replied they have a sample pre-excavation agreement but it is not concluded yet. Art Mandelbaum, 4130 Andros Way, Oceanside, wanted to emphasize that they have always accepted Cannon as a road that at some time would be built, but the problem is the elevated road. He said some of their homes will be eye level with it and the resulting pollution, noise, and aesthetic problems will affect their community. They have elderly people on oxygen in their community and their problems will be exacerbated with the additional pollution. They would accept it if it were to be built at the previous planned level but all the alternatives have been elevated and this is unacceptable. Chairperson Segall asked him what he meant by “we” when he stated “we would accept it at ground level.” Mr. Mandelbaum replied that was the official position of the Ocean Hills Country Club. Deb Schmidt, 1948 Willow Ridge Drive, Vista, stated she was present to represent the North County Coastal Sierra Club and they have two major concerns with this project: the wetlands and habitat impacts from the roadway extensions and the lack of an effective management plan for the open space. She said San Diego County has lost over 99 percent of its historical wetlands and we all recognize the importance of preserving the remaining one percent. The proposed roadway extensions will cause the destruction of 3.2 acres of wetlands. Twenty alternatives were evaluated as part of the EIR process, but only one, the no build alternative, avoided these wetland impacts. She said they do not believe this meets the requirements of CEQA, the MHCP guidelines, or those of Carlsbad’ s own habitat plan. The Sierra Club is opposed to these wetland impacts and to the extension of Reach 4 of Cannon Road through the hardline preserve. She said the Army Corps of Engineers has already informed the City that the proposed design is not acceptable and recently found out they have extended the time period for the Fish and Game’s biological opinions to February 20th, so the Corps permits will not be issued until after this date. She said they submitted a letter last April identifying concerns with the City’s failure to implement the 1993 mitigation management plan for Mount Calavera. Although they had a couple of conversations with Staff, eight months later the City still has not addressed these concerns. She said existing plans for 6107 Planning Commission Minutes December 19,200l Page 18 protecting these habitats are not working and they need consistent integrated management and monitoring with public accountability. She urged the Commission to redo the alternatives analysis in the EIR in order to avoid the wetlands impacts, remove Reach 4 of Cannon Road from the plans and develop a viable plan for the protection of this habitat. She submitted a copy of the Army Corps of Engineers letter and their prior correspondence in April. Jan Sobel stated she is the CEO of the Carlsbad Chamber of Commerce, representing more than 1,700 businesses that employ more than 35,000 employees in Carlsbad. She said the Chamber of Commerce Board of Directors as well as the Carlsbad Business Environment Committee reviewed this project and wholeheartedly suggest and request the Commission’s support of the Calavera Hills Master Plan. Ms. Sobel stated that when the Chamber looks at approving projects we look at several issues: quality of life versus economic development, circulation, amenities, open space, trails, and the variety of houses. She commended Brookfield and McMillin for their plans to build affordable attached homes because companies complain all the time that there are no homes their families can afford to buy. She added that not only affordable housing, but the variety of housing is important to the future of Carlsbad and being able to attract good employers. She said the Chamber wholeheartedly believes that childcare should be close to housing, not close to work. The open space, circulation, and the trails are very important to the city. She said the Carlsbad Chamber of Commerce urges the Commission to support this project in the best interests of Carlsbad. Chairperson Segall disclosed for the record that he is on the Board of Directors of the Carlsbad Chamber of Commerce, however, he did not participate in this discussion and was not a party to any vote. Chairperson Segall stated for the record there are 17 individuals from Ocean Hills who could not or did not want to speak tonight but have registered their opposition to the project. Jack Gearhart, 4170 Andros Way, Oceanside, stated he knew that Cannon some day was going to go through, but it was at the existing grade. He doesn’t think anyone has proven there is a reason to build this road, Reach 4. He doesn’t buy the traffic studies; if the developer says only two percent of their residents will use that road there’s no reason to build that road. He emphasized that efforts be made to get the three cities to work together to build Cannon Road at some point. He urged the Commission not to approve the EIR, because despite what is said, it’s sure to be cast in the proverbial concrete. Denise Douglas-Baird, Attorney with California Indian Legal Services, 609 S. Escondido Blvd, Escondido 92025, stated she was present on behalf of the San Luis Rey Band of Luiseno Indians, a local San Diego County tribe, whose ancestral territory includes the City of Carlsbad. She stated the San Luis Rey Band are recognized as the most likely descendant for this area. She said the band believes that any cultural artifacts discovered during development are the property of their ancestors. The tribe’s main concern with this development is the effect on cultural resources. She said they have been unable to fully evaluate the effects because the complete technical report with the significance evaluations has not yet been available for review. They would like the opportunity to review it, to comment on it, and consult with the development. She stated that the tribe is not opposed to the development but wants to ensure that, consistent with the spirit of the City’s own cultural resources guidelines, they are consulted during the development and they have the opportunity to monitor any groundbreaking activity to ensure the appropriate treatment of any Native American human remains and any cultural resources. They would also like any cultural artifacts discovered returned to them and not to the San Diego Museum of Man. She requested that the City require the developer, as a condition of approval and a mitigation measure, to enter a pre-excavation agreement with them addressing these concerns. She said they have begun discussions but have not gotten very far and would like assurance that this is actually going to be signed and a document that they can work with and enforce. The tribe is opposed to the cultural resources mitigation measure number 4 as it is currently drafted because it provides for return of cultural artifacts to the San Diego Museum of Man for curation and they prefer they be returned to them. She said in the future we would like to work with the City of Carlsbad earlier in the process to ensure that cultural resources are protected. Commissioner Baker asked what the tribe does with the artifacts returned to them. Ms. Douglas-Baird replied they work with the Pechanga Band returning them to the museum. Mr. Mojado said depending upon the spirituality or sacredness of them, they would re-inter them. They are working with Pechanga Planning Commission Minutes December 19,200l Page 19 and they are in the process of building a museum and cultural center and things could also be put in there. Commissioner Trigas asked what the process is when the organization hears about large projects that possibly have artifacts. Ms. Douglas-Baird replied that sometimes the problem is finding out about projects. Some of the cities actually notify the tribes they know will be affected and ask for their input. She said part of the problem in Carlsbad is that they’re not always included in the early notifications. Commissioner Trigas asked if they were not noticed in the past on any of the larger projects and has it been communicated to the City that there is a desire for noticing. Ms. Douglas-Baird replied that California Indian Legal Services had not been directly noticed by the City of Carlsbad on any projects. She said they did not directly communicate to the City that they would like to be notified. She added that the Carlsbad’s Cultural Resources Guidelines talk about working with affected and interested Native American Groups and being that the San Luis Rey Band is the most likely descendant for this territory they are the band that should be notified early when significant projects are under consideration. Chairperson Segall commented that they did reply to the Environmental Impact Report so it was known at that time. Ms. Douglas-Baird said their office was aware of this project about a month ago and Mr. Mojado was trying to obtain more information from ReCon regarding the testing of these sites and still does have the actual complete technical reports for the 14 sites that were tested. Without those reports it’s hard to comment on the significance of the sites and their concerns. Commissioner Dominguez asked if the Museum of Man carbon date human remains when they receive them and asked if it is correct that it’s the preference of the local bands that they be the recipients of the remains. Ms. Douglas-Baird said she believes their policy is to ensure that they are re-interred back in the ground; it’s actually state law. She said the local band would like to be consulted in the treatment of how they are disposed of, but they would like to receive the cultural artifacts. Chairperson Segall asked for a motion to extend the meeting to 11:00 or until the last speaker. MOTION ACTION: Motion by Commissioner Compas and duly seconded that the Planning Commission continue hearing public testimony until 10:50. VOTE: AYES: 7-o-o Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Trigas NOES: ABSTAIN: None None Louis Sat-fin, 4013 Arcadia Way, Oceanside, stated he would like to add his “NIMBY” reasons that he urges the Commission to delete Cannon Road Reach 4 from the EIR. He said his backyard directly overlooks the proposed extension of Cannon Road Reach 4. If the road is built 35 or 40 feet high as now projected and a couple hundred feet farther north than the current location we would experience the following impacts: We would be looking eye level at the construction activity and then at the projected flow of 24,000 - 30,000 cars a day (view impact), the projected sound level according to the EIR would be about 62 decibels (noise equivalent to what you would hear at the airport with planes coming and going). The fumes and air pollution from the construction and then the traffic would introduce unmitigated discomfort and health hazards. Property values in the community would go down substantially. Cannon Road Reach 4 would cause permanent degradation to an established community, would be harmful to the environment, is not needed, would not significantly help the traffic situation, and would be very costly to the City of Carlsbad. He urged that it be deleted. from the EIR before making any approvals, and hopefully from the City’s Master Plan circulation element eventually. Clayton Robins, 3945 Foothill Avenue, Carlsbad 92008, expressed concern of not having single story homes and wondered whether or not ADA or other federal or state laws would be impacted by not having single story homes. He was concerned that there is a credibility issue with McMillin due to delays in Planning Commission Minutes December 19,200l Page 20 responding to questions and changes in answers he experienced. He read the following statement from a newsletter he received from McMillin. “The final links of College Boulevard and Cannon Road will be built in concert with the final phase of Calavera Hills, allowing for the removal of existing barricades on College Boulevard and providing easy access to both Highway 78 and Interstate 5 from eastern Carlsbad.” He asked what happens if they’re in the middle of building the roads and they say they have to get another variance so they can put up more houses. He said that Mr. Milich told him that the City of Carlsbad was not going to build a fire station that was planned for Glasgow and Carlsbad Village Drive and did not know why or what was going in there. He said he talked to Mr. Munoz and he told him that the Fire Chief thought the fire station was going in. Mr. Robins stated he didn’t think McMillin should be given the 250 house variance; they should go with the original plan and build the two roads and then build the houses. He thinks the city is already overbuilt for the infrastructure. Ron Sipiora, 3606 Florida, San Diego, stated he is the Chief Professional Officer of the Boys and Girts Club of Carlsbad and was present on behalf of the club basically to offer his support to the McMillin Companies. He stated McMillin Companies have been a long time supporter of the Boys and Girls Clubs, not only offering help with the program but also significant dollars. He said community based organizations such as theirs simply can’t offer the programs to a community that is in dire need of them without the support of organizations like the McMillin Companies and he wanted everyone to be aware of that. Everett DeLano, 220 West Grand Avenue, Escondido, stated he was present on behalf of the Ocean Hills Country Club Homeowners Association. He stated that there may be a misimpression going on and - stated that it is not the case that simply approving the EIR is a small deal. He said he thinks serious consideration must be given to taking Cannon Road Reach 4 out of the EIR. He referenced Planning Commission Resolution 5112, page 2, paragraph C and read the second half of it: “the final Environmental Impact Report as recommended is adequate and provides reasonable information on the project and all reasonable and feasible alternatives thereto, including no project.” He said that is entirely incorrect as to Cannon Road Reach 4. First of all you don’t know what the project is, there has been discussion between Commission members and Staff tonight that it could be anywhere in this area, it could be as high or as low - we don’t know what it is eventually going to be. He stated he thought Mr. Munoz went so far as to say, “We are far from the final alignment.” Mr. DeLano said it’s a long way from a project. Just as CEQA requires that you don’t decide what a project is and then do the environmental, you also don’t do an environmental review and then later decide what the project is. He said there is no project to consider right now and it is not an appropriate time to consider the environmental review associated with it. Secondly, he begged to differ that it provides reasonable information on the project. He said there are numerous examples how it doesn’t but one that is very telling is in regard to noise. The EIR acknowledged that there would be significant noise impacts for homes within 1,500 feet. There are 431 homes in the Ocean Hills Country Club currently within 1,500 feet of the road, yet there is no acknowledgement in the EIR of the significant noise impacts on those residences or additional residences as a result of the construction of the road. He referenced another section - acknowledgement of reasonable and feasible alternatives thereto, including no project. There is no discussion in the EIR about the no project alternative for the Cannon Road Reach 4. He stated that he was concerned about being misled because in the presentation by City Staff he saw a series of E’s if Cannon Road Reach 4 didn’t go through. What it didn’t show is that another analysis showed a series of A’s if Cannon Road Reach 4 didn’t go through. He asked why that analysis wasn’t shown, which is in the EIR, and why are there two different analyses. He said it’s simply not possible to have an intersection be an E and a roadway be an A. He said you can set aside this EIR and he would be happy to talk with City Staff to discuss the language to amend it. Phyllis Hoag, 4610 Cyrus Way, Oceanside, read a statement that questioned the civility of an elevated Cannon Road that would have complete disregard for the children and elderly. She urged the Commission to remove Reach 4 from the plan until the cities of Vista, Carlsbad, and Oceanside can come up with an intelligent regional plan for Cannon Road that has positive impact for traffic circulation while preventing negative impact on children, the elderly, and the environment. Jacqueline Cotton, 464 Cordoba, Oceanside 92056, stated that as a former teacher, she opposes the extension of Cannon Road. She said two schools are just yards from Cannon Road on Lake and the excessive pollution from the increased traffic can affect young children with respiratory problems. She Planning Commission Minutes December 19,200l Page 21 c stated it’s been medically documented that more children suffer with asthma when they’re near polluted areas. Andre Brackens, 3930 Shenandoah Drive, Oceanside, stated he represents New Venture Christian Fellowship as assistant pastor and project manager. He read and submitted a letter dated December 19, 2001 to Mayor Lewis and the City Council stating their position on Cannon Road Reach 4. He stated that they are in full support of the road going through in the most expedient manner and are willing to consider options that simultaneously protect the interest of New Venture Christian Fellowship and that are sensitive to the needs of the community. However, they were somewhat surprised by the lack of correspondence or contact from the City of Carlsbad. Commissioner Dominguez asked Mr. Brackens if anyone from Carlsbad Staff contacted him or any New Venture staff directly. Mr. Brackens responded that no one was contacted by City Staff, his only contact was with the contracted engineering firm. He added that in his letter of January 19, 2000 he specifically mentioned an official request from the City of Carlsbad regarding this issue would be appropriate in order to get New Venture’s position and response. Commissioner Dominguez asked if New Venture was provided with copies of the sections of the EIR that pertain specifically to New Venture. Mr. Brackens said no. John Burke, 5246 La Jolla Hermosa Avenue, La Jolla, stated he is the Natural Resources Program Director for The Environmental Trust (TET), which is the current fee title owner of the 11 O-acre site known - as Village C which was set aside for mitigation. He said he was present to address that site in particular. He commended the City for having the foresight back in 1993 to make a requirement to set aside the 1 lo- acre area as a mitigation for the California Gnatcatcher prior to the listing of that species. He stated that once they took over the site in 1996 McMillin came up with the responsibility to fund the Habitat Management Plan and has been very cooperative working with them and funding projects with their volunteers. He said the EIR states that McMillin will fund the long-term management of the 110 acres and we commend them for that. He said TET has a very active volunteer program and school programs come up to the site for projects. TET has been very active working with surrounding property owners to help control the off road vehicle problem. TET is pleased with the City and McMillin for their ongoing efforts to preserve open space in the Calavera Nature Preserve area. He said one thing TET would like to request and see included in the language of the EIR and the Habitat Management Plan is that they would like to be identified as potential managers for the open space for Phase 2. He said this would take care of comments heard this evening about having consistent management in the areas. Tony Gulotta, 3744 Cavern Place, Carlsbad, stated he lives in Calavera Hills Phase 1. He stated he thinks what has been sold to a lot of the people in the community is that everything will be more convenient but what has not been told is the amount of increased traffic that will be generated by removing the barriers between Oceanside and Carlsbad. If Reach 4 is removed from the plan there would be even more traffic. He stated there is a school on College Boulevard that would be directly impacted, everything would become more dangerous and property values would plummet. He stated that typical commuter traffic in North County goes south so more people from Oceanside would be using the roads and questioned what the return on investment is for the people in the city of Carlsbad. He urged the Commission not to take out Reach 4 and urged them not to take out anything. He urged them to try to delay opening that barrier until all of these things are addressed including l-5 and 78 interchange as well as Melrose. He said all those things should be done before removing the barriers because it really affects the quality of life of the Carlsbad residents first. He urged the Commission to take special consideration for their own people and think of the effects its going to have. He said he hasn’t seen a plan that will add more barriers to his area because he’s in Phase 1 and it’s already built out and thinks that needs to be addressed (schools, speed limits). He added that he is opposed to an overcrossing over the intersection of Carlsbad Village Drive and College because it would just be a big barrier in his face all the time. Dana Stewart, 7007 San Bartolo and 6555F Via Frontera, Carlsbad stated she lived in the area for over 25 years and it’s only recently that she’s noticed a real cavalier disregard for public opinion. She says the developers work hard because they’re working for the money. She complained that they’re allowed to drone on for hours while the public stands for 4 or 5 hours to be heard, and asked when they would get a larger venue. She said she represents over 800 in the community she lives in as well as quite a few Planning Commission Minutes December 19,200l .Page 22 people in the condo complex. She said the people are elderly and can’t attend these meetings and wait 4 or 5 hours to talk, and they depend on her. She stated she feels the Commissioners tend to favor the developers by leading them to reiterate their propaganda and their paid for proponents. She said there are many members of the Carlsbad Chamber of Commerce that are against this project altogether and she takes extreme exception to the inference that all 1,400 members and 35,000 employees support this project. She asked the Commission if they must build out the last third of the master plan and leave nothing for future generations or boards to do. She said that as a local resident for all these years, besides the cavalier disregard for public opinion on these matters, there has been an unshakeable acquiescence to the developers. There is never a provision for water resources or electrical power, major crises throughout this state. She said perhaps there should be a moratorium on building altogether until you get some of these answers. Once again there is a travesty of the public trust being perpetuated to and by this board. She said the City slogan, “It’s Your City”, is a complete untruth - you listen nicely and then go out and do precisely what you want. She said once again we are here en masse to see if this board again ignores strong local protest and capitulates to builders. Preserves are meant to be preserved, not developed nor roads running through it. She asked when will you understand, and demonstrate that you understand, that residents want to keep open spaces, not every square inch has to have a building on it. Development equals destruction here. There would be no mitigation plans necessary if there was nothing to mitigate. She said she wants real answers to environmental and infrastructure concerns before you go any further. She ended by saying, “Right makes might. Try to do the right thing.” Chairperson Segall stated that Andrew Chapman wanted to oppose the proposal and in particular is - concerned about wildlife corridors for mammals and asked that be read into the record. Chairperson Segall closed public testimony at lo:45 p.m. and thanked everyone for coming out and participating in the process. He stated that the applicant and Staff would present answers to all questions on January 2,2002, Mr. Milich requested an early January hearing in order to get the project to go forward with the roads that the City wants. MOTION ACTION: Motion by Commissioner Heineman and duly seconded that the Planning Commission continue the public hearing for Item No. 5 (EIR 98-02/GPA 99- 03/MP 150(H)/LFMP 87-07(A)/ZC 0-Ol/CT OO-02/HDP 00-02) to January 2, 2002. VOTE: AYES: 7-o-o Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen and Trigas NOES: ABSTAIN: None None PLANNING COMMISSION ACTION Election of Officers ACTION: Motion by Chairperson Segall and duly seconded to nominate Vice-Chairperson Trigas as Chairperson of the Planning Commission for 2002. VOTE: AYES: 7-o-o Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen and Trigas Planning Commission Minutes NOES: ABSTAIN: MOTION ACTION: VOTE: AYES: NOES: ABSTAIN: None None December 19,200l Page 23 Motion by Commissioner Trigas and duly seconded to nominate Commissioner Baker as Vice-Chairperson of the Planning Commission for 2002. 7-o-o Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen and Trigas None None Planning Commission Minutes January 2,2002 DRAFT page 1 1. EIR 98-02/GPA 99-03/MP ISOfHIILFMP 87-07tA)IZC Ol-Oll~T OO-02/HDP 00-02 - CALAVERA HILLS PHASE II/BRIDGE AND THOROUGH-FARE DISTRICT #4 AND DETENTION BASINS BJ AND BJB - Request for a recommendation of approval for certification of an Environmental Impact Report including Candidate Findings of Fact, Statements of Overriding Consideration, and Mitigation Monitoring and Reporting Program for the environmental review of the Calavera Hills Master Plan, the City’s Bridge and Thoroughfare District (B&TD) #I4 and Detention Basins BJ and BJB of the City’s Master Drainage Plan, located in the northeast quadrant of the City. Mr. Wayne introduced the next agenda item; a continued public hearing for numerous actions for the Calavera Hills Project. He stated that that public testimony was heard on this item at the last meeting and Staff members and their consultant would respond to questions that were raised during public testimony at the last meeting. Chairperson Trigas asked the applicant if he would like to request a continuance of the item due to the absence of Commissioner Baker. Brian Milich of McMillin Companies replied they would prefer to proceed with the hearing. Staffs presentation consisted of responses to concerns raised during public testimony at the December 19, 2001 meeting. These concerns, as summarized below, were addressed by Eric Munoz, Senior Planner; David Hauser, Deputy City Engineer; Frank Jimeno, Associate Engineer; and Lee Sherwood, Environmental Consultant from ReCon. They also reviewed the Planning and Engineering Errata Sheets, four letters received since the last Planning Commission meeting, and introduced a staff memo regarding Reach 4. Cannon Road Reach 4 Concerns In regard to the opposition received for the elevated roadway for Cannon Road Reach 4 and for more coordination between the cities of Oceanside and Carlsbad, Mr. Munoz stated that the process is currently structured for that to occur and that Staff is in favor of a coordinated effort. He said they need the City of Oceanside’s coordination and involvement as well as their approval for the portion within Oceanside’s city limits. Removal of Cannon Road Reach 4 - Mr. Munoz stated that only a General Plan Amendment can remove Cannon Road Reach 4. He said no General Plan Amendment has been submitted by Oceanside or any other entity at this time. Regarding the issue that the City’s Draft Habitat Management Plan does not accommodate Cannon Road Reach 4 and other road segments, Mr. Munoz stated that is incorrect. For clarification he referenced the draft HMP and read excerpts from it that indicate it accommodates and accounts for Cannon Road Reach 4. Carlsbad has not properly integrated planning for the Cannon Road elevation with the adjacent city of Oceanside - Mr. Munoz stated this is an incorrect statement as the City of Carlsbad has followed every legal protocol mandated by CEQA to inform adjacent cities and invite public testimony. City Staff, in absence of City of Oceanside representation, met with Oceanside citizens 2 or 3 times in their neighborhoods and feels their concerns were addressed. Why is Cannon before us when it is not a priority - Mr. Hauser explained that Cannon Road Reach 4 was part of the Bridge and Thoroughfare District and it needed to be shown that an environmental solution to the overall roadway system was available so that when the intersection of Reach 3 (Cannon Road with College Boulevard) was set that there would not be a greater environmental impact for the extension of Reach 4 into the Preserve area and across a creek bed and water channels. He said they believed it was prudent to include all of Reach 4 in the environmental review at the time and have satisfied the CEQA requirements in doing so. Vista’s proposal to delete Cannon Road extension from Melrose to Highway 78 - Mr. Hauser said he talked with John Connelly, a Senior Planner with Vista regarding this issue. Mr. Hauser stated that when Staff reviewed the draft EIR from the City of Vista they were not aware of a proposal to delete tad Planning Commission Minutes January 2,2002 Page 2 the Cannon Road segment from Melrose to 78. He said the requirement under CEQA is to do traffic studies based upon our General Plan as well as surrounding General Plans in place for any projects they’re aware of. Since they were not aware of the proposal to delete that road their analysis was based upon the fact that Cannon Road would be extended all the way to 78. After they were made aware of it they met with the traffic consultant and believe the removal of the segment from Melrose to 78 would not materially change the need for Cannon Road Reach 4. He said there is still a connection provided from Melrose to 78 via Sunset and Escondido Avenue. The 24,000 ADT shown on the Reach 4 segment is primarily generated from the people in the Ocean Hills and Shadowridge areas, so they don’t believe there would be a marked change in the numbers. When they received the EIR there was some confusion as to whether or not it was being officially deleted, because the map provided in the draft EIR document showed a future map with Cannon Road extended all the way to 78. John Connelly of Vista said that map was in error and they were intending to delete the section of Cannon Road from Melrose to 78 from their circulation element. However, Mr. Hauser noted that the County of San Diego has not deleted that section from the County’s circulation plan, so there are still opportunities for the Cities of Carlsbad, Vista, Oceanside, San Marcos and the County of San Diego to get together to try to work out solutions and a unified position as to what is exactly being proposed. Chairperson Trigas said it’s her understanding road systems need to be looked at regionally and was concerned that the City of Carlsbad was not aware of the deletion and wanted to know if this was just a proposal and not officially accepted by the City of Vista. Mr. Hauser said at this time it’s the City of Vista Staffs current intent to take a recommendation for a proposal to delete that segment of Cannon Road from their General Plan. However, due to some issues and concerns raised by citizens and agencies, they may be changing their recommendation. Mr. Hauser stated the City of Carlsbad staff will be commenting on their EIR and thinks it has some deficiencies. He said they did not include intersection analysis in their traffic study and intersections are always considered to be the constrained points of a roadway. Chairperson Trigas wanted to confirm that as far as Vista is concerned, Cannon Road is currently a big question and no assumptions can be made. Mr. Hauser replied that we would have to go on the basis that it was not under consideration for removal at the time the EIR was prepared and the proposal occurred after Carlsbad was through its environmental review process. Commissioner Dominguez stated that he read an article that Supervisor Pam Slater was spearheading a program to try to get the North County municipalities to implement their surface road elements at a quicker pace based on a study from CalTrans that states that part of the failure of the freeway systems is the fact that some of the North County municipalities have been slow to complete their circulation elements. Commissioner Segall said he is more concerned at this point about Reach 4 as it impacts Oceanside. He referred to comments made by Councilperson Sanchez at the last meeting when she stated that not everyone wants Reach 4, she’s not sure the Council wants the road, and if it was presented to the City Council they would say no. He said since a Councilperson stated they don’t want the road he wanted Staff to elaborate on what the Oceanside Staffs position is on that. Mr. Munoz responded that Oceanside’s official position was communicated to him directly by Mayor Johnson. He stated they are not opposed to the road or the road segment going in. They are opposed to the current alignment that has it elevated. The elevation is a source of current efforts to design it and it is not finalized at this point. He said the statements made by the council member apparently do not reflect the official City of Oceanside position. Mr. Munoz added for clarification that the letter submitted by the City of Oceanside stated the formal Council unified position was not in opposition to the Cannon Road Reach 4 roadway; it was speaking to the elevated nature of the current alignment and asked for future coordination along those lines. The Oceanside letter was signed by all Councilmembers. l Elevation of the road - noise pollution, and visual impacts - Mr. Hauser stated these issues have been dealt with in the environmental review and believe they have been adequately mitigated. l Why put in the road when only 2% of Calavera traffic will be going on this road - Mr. Hauser stated that is one of the misconceptions that occurred. Two percent of Calavera Phase II project traffic is expected to be generated and occur on Cannon Road Reach 4, but the actual projections are that Planning Commission Minutes January 2,2002 Page 3 there will be 24,000 ADT which means they will have about two percent of that amount of traffic. That’s one of the reasons why the Phase II project of Calavera Hills does not have responsibility for this road; the majority of traffic generated is regional and not specific to this project. l Recommendation to certify the EIR without Cannon Road Reach 4 - Mr. Hauser stated that Staff is not making that recommendation, but wanted to address the issue, and prepared a memo for the Commission dated December 31, 2001. The memo basically indicates that after researching the issue and meeting with Staff and the City Attorney’s Office, that certifying the EIR without Cannon Road Reach 4 is an option that the Planning Commission can move forward on if they choose to do so. Mr. Hauser said Staff believes the EIR as presented was properly prepared and meets the needs of CEQA and is valid. However, they recognize the issues raised by Oceanside and residents of Ocean Hills, as well as the matter of City of Vista proposing to drop the Cannon Road extension to 78. If the Planning Commission decides to recommend the EIR without Cannon Road Reach 4, Mr. Hauser said there would have to be some findings to make it more valid. He explained the findings and justification as outlined in the memo and pointed out on the map how Cannon Road Reach 4 would be divided into two segments, Reach 4A and Reach 4B. Commissioner Segall asked if the reason for dividing it that way is to provide access to the high school site. Mr. Hauser said it would provide access to the high school site, but more importantly, the Bridge and Thoroughfare District’s environmental review is currently before the Commission and the high school property is within the boundaries of the proposed district. He said it would be very difficult to include the high school in a district that builds College and Cannon if we don’t provide that portion of Cannon Road that accesses their property. The school district was told that we would include that portion within the district and it makes a logical point for the westerly terminus of a segment that might be removed from certification under the EIR, and therefore able to make a finding that there’s logical terminus points for the removal. Since that portion of Cannon Road from the high school site to Oceanside is not under consideration for funding as part of the Bridge and Thoroughfare District, it really doesn’t have bearing on the approval for the district. It was included in the overall environmental because under CEQA you’re not supposed to piecemeal projects so that a future Commission would be forced to approve an environmental decisions that puts the road in a worse position. He said they’re trying to establish the alignment that shows an environmentally acceptable alignment can be set up that goes all the way into Oceanside even though it’s not planned to be funded at this time. Commissioner Segall stated that he thought part of the issue with the alignment at Ocean Hills was that Reach 4 may have to be adjusted if it doesn’t go in the way it’s proposed and it might cut through the middle of the high school site. Mr. Hauser replied that the other finding that would have to be made is that by not certifying this the Commission is not predetermining an alignment for Cannon Road Reach 48 which would preclude looking at reasonable alternatives. He said the terminus point selected at the access point to the high school site is the same point in all alternatives that have been reviewed in the EIR, and also the ones that were reviewed for our initial alignment study which included the one that connects up with the existing terminus in Oceanside. They all came to the same point at the eastern edge of the high school site property. Since there is still a one mile section of road from the high school access point to the Ocean Hills project there’s adequate room to look at these alternatives, whether it be an extension of the existing road or a revised alternative 3, which is currently the preferred alignment in the EIR. This selection of terminus points provides future ability to look at the full range of alternatives and not preclude anything, and not set a situation where we can’t satisfy the needs of Oceanside or the Ocean Hills residents. Commissioner Segall asked if he said earlier that Reach 4B would be needed in at least five years plus. Mr. Hauser said that would be another one of the findings that it is not needed now nor is it needed for any of the projects we currently have under review during the next five years. Commissioner Segall asked if they decided to keep it in, would another EIR have to be done when they build it in 5 or 10 years. Mr. Hauser replied that they could potentially use the same EIR in 5 years provided there has been no change in circumstance. Any time there is a change in circumstance, such as a listing of a new bird, a supplemental environmental review would have to be done. A new environmental analysis would most likely have to be done in 10 years. . Commissioner Segall asked if the road is approved, even though there is no funding mechanism now, if the federal government came up with a program to fund it, would we be able to move faster to build it. Planning Commission Minutes January 2,2002 Page 4 Mr. Hauser replied that they would be able to move faster, however, if they got federal funding for the project they would likely have to go through the federal NEPA process, which is the federal environmental review process, and would still be in the position of looking at alternatives. Commissioner Nielsen asked Mr. Hauser to clarify Staffs position on the issue. Mr. Hauser replied that Staff would be comfortable if the Commission wants to recommend to Council to certify the EIR and drop Reach 48 from the certification, provided that they make the findings incorporated in the letter. He said they are falling short of saying that this is Staffs recommendation at this time because they believe the environmental document they prepared meets the requirements of CEQA and addresses the concerns initially stated by the Ocean Hills property owners. Chairperson Trigas asked legal counsel what their position is and if it would be okay to drop Reach 48. Ms. McMahon replied that, assuming that the Commission has the information and can make the findings specified in the memo, she believed they could defend that position if they had to. Commissioner Segall wanted to know if they decided not to certify Reach 4B tonight, how long it would take to come back for recertification in the event all affected cities and residents reached an agreement in 6 months and what the process would be. Mr. Hauser responded that if it came back as a separate project and they took it forward as a capital improvement project it would likely go straight to Council because there would be no discretionary actions required to bring it to the Commission. If they tried to incorporate as an amendment to this EIR, then it would probably have to come back before the Commission. He said he wanted to make it clear that this is not a removal of Cannon Road Reach 48 from the City’s General Plan or circulation element, it is simply a deferral of the environmental review of that road segment. Commissioner Dominguez wanted to know if there is a substantial downside to not approving Reach 4. Mr. Hauser replied that the longer an environmental approval for a project is delayed the more opportunity the federal government has to add some additional requirements, or additional listings and items may be found. It also provides more time to develop more solidified opposition. In addition, it currently is an extremely high priority for the City to complete the College Boulevard/Cannon Road connection and be able to remove the barricade on College Boulevard at the Carlsbad/Oceanside boundary. He said they received a lot of input from homeowners and their attorney that they would file a legal challenge to the EIR if Reach 4 is maintained. This could tie up the entire project, even though it doesn’t have to do with the Calavera Hills project or the extension of College/Cannon. The other down side is that the agencies initially indicated that if Reach 4 was removed they would like to see the Cannon/College intersection location moved farther north which would run it through the middle of the high school site and preclude development of the high school there. It would also cut the developable portion of the Robertson Ranch that is now under the ownership of McMillin and make it more problematic to develop. He said by making the cutoff point on the east side of the College/Cannon intersection they believe they can deal with the resource agencies and can convince them that the current location is the best location overall. Ms. McMahon stated that the she wanted to clarify that the legal analysis reflected in the memo in no way took into consideration that the City would be threatened with a lawsuit. That could happen at any time with any decision made by the City. The fact of the matter is that Mr. DeLano and others made a proposal that the City Attorney’s office looked at and it was a potentially doable option. l Lack of correspondence or contact from the City with New Venture Christian Fellowship - Mr. Hauser stated that one of their consultants met with Mr. Brackens early on in the environmental process and showed him the plans. Since this initially was strictly an environmental review for a financing program and not for moving forward with the project, they had not met with him but were planning to meet with him, as well as the City of Oceanside, at the time they would actually be moving forward with the project to seek their approval and get the appropriate permits. Wildlife I Preserve Calavera Concerns l Calavera Nature Preserve Maintenance Agreement - Mr. Munoz stated at this time they are within the last one-year period of the agreement for the management of that site and are working out a long term scope of activity for that site for long term management from year 6 into perpetuity. That long term management will be funded by the developer by posting an annuity amount and that long term scope of work can be reviewed by some members of the community including Preserve Calavera. Planning Commission Minutes January 2,2002 Page 5 He said they can contact him within the next 30 days so they can share the plans for that long-term maintenance. He said a long-term maintenance activity is something that can be reviewed by the community because it will be funded and is part of the agreement, so the City would welcome that. Opposition for Reach 4 going through the preserve - Mr. Munoz stated there may be confusion as to which preserve is in question. They may have been referencing Village 2 of the Master Plan, also known as the Calavera Nature Preserve, however, Village 2 does not have Cannon Road alignment located near it. The Highlands Preserve to the east is the preserve that has Cannon Road going through it. He said the basic response is that the original Highlands mitigation agreement of April 1995 accommodated for the alignment of Cannon Road up to 20 acres as shown in the General Plan. Therefore, the feeling that this mitigation area did not accommodate Cannon Road Reach 4 as a circulation element roadway can now be clarified and corrected. Calavera Nature Preserve and statements that the City failed to follow through on the 1993 agreement - Mr. Munoz stated that Staff met with Preserve Calavera, a representative from the Sierra Club, Deb Schmidt, and Joan Jackson. A claim was made repeatedly at this meeting that the environmental degradation of the mitigation site needed to be addressed by the City. In response Staff asked them to submit documentation to verify that so Staff could look into it. Such documentation was never received. Regarding the comment stating that Staff did nothing for 8 months, he said Staff had asked 8 months prior for some kind of documentation to correspond to the verbal claims but it was never submitted. Mr. Munoz reiterated that not one public penny was spent on this Preserve’s acquisition ($1.4M) or short or long-term maintenance costs. Letter submitted by Preserve Calavera requesting consideration of an exemption to the Community Facilities Ordinance - Mr. Munoz stated this was discussed at a meeting and Staff requested a written request be made to the Assistant Planning Director for evaluation, but the request was never received. To clarify the situation, Mr. Munoz said the Community Facilities Ordinance is in effect citywide; it is also in effect for the PC zone which regulates master plans, and at this point, a Zone Code Amendment would be needed to readjust the community facilities requirement. The bottom line is that the community facilities is a codified effective ordinance in the city and it does go into the PC zone and master plans and requires community facilities in new and amended master plans, so the ability to do something new at the master plan level is not an option. Degradation around Village K - Mr. Munoz stated that area was looked at by the resource agencies as a primary wildlife corridor and they have not heard from the wildlife agencies that it has degraded to a point that the City needed to take action. Blasting analysis needs to be responsive to the changing conditions with improved mitigation and should include advanced notification, a hotline for problems, and onsite monitoring. Mr. Munoz stated there’s a noise mitigation measure that was in the published mitigation program and the items in the letter are already addressed in the project. Loss of remaining active farmland in the area - Mr. Munoz said the General Plan designates some development on the Robertson Ranch area and the property ownership is planning development of that area. Regarding the statement about Carlsbad being a regional leader in using cheap illegal labor and then going in and bulldozing migrant worker camps, Mr. Munoz stated some of the comments go beyond CEQA and get into issues the City is not involved in. Remove community facilities from Village H - Mr. Munoz stated it is not possible to remove the community facilities requirement because the ordinance is in effect citywide. Trails and access will get attention on two fronts, from long-term maintenance of the Calavera Preserve site and the current citywide trail effort will be interfacing on this site. One ownership for open space management plan - Mr. Munoz stated there will be fragmented ownership in the short term but that doesn’t mean there has to be inconsistent management practices. Regarding the status report on Phase 1 mitigation, Mr. Munoz stated The Environmental Trust has a good outreach program and feels that Preserve Calavera or members of the public can contact them directly. ar8 Planning Commission Minutes January 2,2002 Page 6 l Wetland impacts from the roadway extension - Mr. Munoz stated that Cannon Road cannot go forward with its current alignment into the canyon due to these wetland impacts. l Opposition to Reach 4 and failure to implement the 1993 agreement for the Calavera Nature Preserve. Mr. Munoz emphasized that one of the General Plan Amendment items that the City Council will act on after the Commission’s recommendation is to remove all the RL on that mitigation parcel, allowing a public trail system and securing its short and long-term maintenance. l Preserve Calavera concern with mosquito problem - Mr. Hauser stated concerns were raised regarding localized flooding that occurred after the grading of the Q and T projects that created a mosquito problem. Mr. Hauser stated that it is something that is not normally an issue and is something they would deal with because it’s not in conformance with the grading plan. There was also a concern about the requirements for the basins and that some of the official basins tend to retain some water and create a mosquito problem. Mr. Hauser said this is a concern of the City as well but it’s also one of those things we basically have to live with. He said they are setting up some permanent as well as temporary erosion control basins to deal with grading projects in the City. However, the Regional Water Quality Control Board has issued us a permit that requires all projects constructed within the City of Carlsbad, as well as anywhere in the County, do on site retention of drainage, and that means there will be more and more of these little basins. Typically standards are set for these basins so that the water will drain out of them within a 48-hour period because it’s usually a 7-day period for mosquitoes to breed and hatch. However, sometimes plants grow up in the basin and siltation occurs and then there are ponded areas that create mosquito problems. He said when that happens the County needs to come out and deal with the vector problem. Regarding the concern about the big basins with the overflow structure, Mr. Hauser stated that the design feature of the basin is to have an overflow structure. That is within an*easement that the City procures and permitted by the agencies, and is a requirement of the City ordinances as well as the Regional Water Quality Control Board. l Wildlife Corridor Undercrossing on existing Reach D - Mr. Hauser stated that at this point it is primarily an avian corridor and that’s what the resource agencies were looking for. Since no additional justification was provided for such an undercrossing within any of the environmental studies done for this project, Staff would not be able to add such a condition on to the development. Regarding the further extensions of the roads, he said they have had discussions with the developer and the resource agencies and will be providing undercrossings, however, it will not be the full bridge crossing as shown in the presentation by Preserve Calavera at the last meeting. This type would not be proposed because of the dollar value and the actual use of it, unless the agencies would request it. It is potentially feasible to put a crossing under Reach D, but it is not a condition of the project nor it is a condition of the environmental analysis for the project. Chairperson Trigas asked if the agencies have required anything other than an avian corridor. Mr. Hauser responded that the agencies requested some additional crossings on the new road segments, but not on the existing road segment. Reach D of College Boulevard currently exists and they did not ask for a retrofit of an undercrossing to enhance the corridor because it was basically described as an avian corridor. He added that they would be incorporating undercrossings in some of the new roads. They will be upsizing some of the culverts so they meet the requirements of the resource agencies. This will be done on Segment C as well as Cannon Road Reach 3 and Reach 4. On Cannon Road Reach A, a bridge crossing at the creek will act as a corridor. l Village H function as a wildlife corridor - Lee Sherwood, Environmental Consultant from ReCon, stated that part of the final EIR has a 1999 agreement from the resource agencies indicating that Village H is not part of any defined wildlife corridor. They were focusing on the coastal sage scrub and the avian linkage through Calavera Hills and it was not a corridor that they required as part of the open space of Calavera Hills. Ranch0 Carlsbad Homeowners Concerns l David Hauser, Deputy City Engineer, addressed concerns of the Ranch0 Carlsbad homeowners regarding the proximity of Cannon Road and the noise levels that may be generated. He said the EIR indicated the mitigation measures would bring the noise levels into conformance with city standards, however, they still had concerns with the project. The developer met with the homeowners and they ad Planning Commission Minutes January 2,2002 Page 7 negotiated an agreement which is included in the Errata Sheet. He explained the changes in the revised Errata Sheet dated December 27, 2001 and clarified that Item # 2 Engineering condition from the December 19, 2001 Errata Sheet remains the same and should have been included in the revised Errata Sheet of December 27,200l. He said that wording should be included in the motion. Commissioner Segall asked Mr. Hauser to clarify who he meant by “they” want the condition eliminated. Mr. Hauser explained “they” referred to the developer. After the developer met with the Ranch0 Carlsbad homeowners, the developer indicated they would be willing to accept these conditions that go beyond the standard requirements the City would be able to impose on the developer. Mr. Hauser stated the developer is in agreement with the conditions of the December 27, 2001 Errata Sheet as well as the unchanged Item 2 Engineering condition of the December 19, 2001 Errata Sheet. He also added that the applicant would be talking about an additional last minute change they requested to the revised errata and Staff has no problem with that change. San Luis Rev Band Concerns l Early involvement to assess resource impacts to the San Luis Rey Band. Mr. Munoz said Mark Mojado’s letter was dated April, 2001 and the California Indian Attorney letter was dated November, 2001. Mr. Munoz said he could not address the issue of the length of time between the client and attorney, but said the applicant is committed to working with this group and is comfortable that the City and San Luis Rey Band will reach a pre-excavation agreement, although the project does not require it as a condition as currently formatted. It is compliant with CEQA and mitigation measures will be adequate. l Communication on Cultural Resource Information - Mr. Sherwood stated that since the last Planning Commission hearing the archaeology report has been transmitted to Ms. Douglas-Baird and she is currently reviewing it. She also asked if the artifacts could be interred or given to the Native American group and Mr. Sherwood said he believes both the City and McMillin are willing to do that. There are ongoing meetings regarding a pre-excavation agreement that should bring that to fruition next week. Other Concerns l Conversion of E.I to residential - Mr. Munoz stated that Staff supports the change to residential primarily because the City Council did a citywide commercial study that looked at the City’s buildout relative to commercial locations, and this site was designated for support of a noncommercial use, so this implements City Council policy. l Regarding the fire station planned for Glasgow and Carlsbad Village Drive, Mr. Munoz stated that the fire station is still on the books and when the growth of the area reaches its necessary threshold the construction will occur. Fire Staff monitors this. l Opposition to development of open space areas - Mr. Munoz stated there seems to be a perception in the community that if an area is currently undeveloped that it is meant to be open space. However, many of these spaces have long been slated for development. He stated this may be a discovery of the General Plan and its function in the City and how people can use it to visualize the development of the city around them and find out what areas are designated as permanent open space. l Phasing of units / 2,500 ADT - Mr. Hauser stated that the condition was established so they would not violate the growth management standards. He said they actually could have more traffic there and still not violate the growth management standards as long as the barricades remained. They wanted to move the barricades and still provide the developer with enough development potential so they could fund their construction of the roadway and make all the financial things work. He said they will be monitoring the situation; they do traffic monitoring twice a year and can do additional monitoring if necessary where they will be looking at the levels of service on these roads to see if there is a problem developing. They will also be monitoring the progress of construction on Cannon/College. If the developer stalls out on the construction of Cannon/College they wouldn’t issue any more permits until they saw that moving forward. He said the concern about running out of money is not really a problem because before the developer gets the first final map on this project they will be required to bond for these improvements. Planning Commission Minutes January 2,2002 Page 8 Premature removal of barricade - In light of the fact that it was stated in the EIR traffic study if we don’t get College Boulevard Reach 4 the traffic along College Boulevard between Carlsbad Village Drive and Lake Boulevard would go from 39,000 ADT to 45,000 ADT - Mr. Hauser stated that is a buildout projection, and if all the projects that are in the EIR traffic analysis as being imminent are built and all road segments, except Reach 4, the ADT on that street would only be 31,000. Completing improvements on Glasgow and Harwich Drive in Village K - Frank Jimeno, Associate Planner, stated there is a condition that requires the completion of improvements to local street standards which includes sidewalks on both streets with the option of either the developer or the City requiring one of the sidewalks to be a trail because it is an open space area. Regarding the issue of safety in the school crossings, Mr. Jimeno stated the Transportation Department cooperates with the school district to ensure that all the necessary safety measures are taken care of and will be addressed when the need arises. Access to Village H - Mr. Jimeno stated that Village H is a future community facility site and the actual land use is not determined at this time. The Master Plan provides a requirement that access be from Victoria rather than Carlsbad Village Drive. The City improvements on Carlsbad Village Drive include a traffic signal at Victoria with access to Village H with a potential emergency access if required. Access to Village E-l - Mr. Jimeno stated the Master Plan provides access from Glasgow and an emergency access to be determined when the actual design of the development comes in. There is no proposed development there at this time. Commissioner Segall asked if the City or applicant establishes where the community facility zone is in Village H. Mr. Jimeno said the Master Plan indicates specifically where it is supposed to be located. Mr. Wayne added that the applicant proposes it, the Staff reviews it, and it has to meet certain criteria. In this instance it met the criteria, so the Staff is recommending that Village H be one of the community facility sites. There is nothing to preclude having Village H be something else with an acceptable alternate proposal, but that would have to be fully reviewed at the time. The community facilities area cannot be eliminated; it would have to be relocated. Mr. Munoz pointed out that the Errata Sheet of December 19, 2001 was split so that there is now an Errata Sheet for the Planning items as well as one for the Engineering items and indicated the changes. Mr. Munoz addressed the following issues in a letter received from Jack Gorzeman: l Concerning the density increase proposed for Village U affecting him in Village T. Mr. Munoz stated that the first home sale was in June 1999 and the first scoping meeting for the EIR was in September 1999, and indicated that the word was out at the time he was buying his home and it was unfortunate that he did not realize there was a major master plan amendment impending at that time. l Regarding the structural height in Village U - Village U will come back before the Commission for approval and adjacent residents will be noticed and he will have an opportunity to comment on the final design. l Regarding being noticed of the draft EIR - Mr. Munoz said he would be provided with a copy of the mailing list. Village T had a noise study done and it was compliant with current noise standards. Mr. Sherwood addressed the following issues brought up in the letter from Mr. Gorzeman: l No mitigation in the final EIR for aesthetics impacts - Mr. Sherwood stated that is not the case, there is landscaping contour grading in the final EIR to address visual quality impacts. He said he is correct in his statement in that there are cumulative visual quality impacts that would occur that would not be mitigated from all the development of this project as well as others in the region. l The issue of nuisance noise in Village T from the development of Village U - Mr. Sherwood stated that nuisance noise is not an issue that is addressed in CEQA documents. The City’s Noise Ordinance addresses impacts from adjacent residents and he and Staff feel that the EIR is adequate in addressing Village U. Mr. Munoz stated he received an email from N. Staehr in support of Cannon Road and asking them not to delay the project based on threats from environmental groups. Mr. Munoz clarified that if the Commission and Council decide not to certify Cannon Road Reach 4, it does not effectively delay that roadway Planning Commission Minutes January 2,2002 Page 9 because it is not needed in the next five years. Commissioner Segall pointed out that N. Staehr is a former Oceanside Planning Commissioner and Ocean Hills resident. Mr. Munoz stated a letter was received from Tony Gullotta, a Carlsbad resident, expressing support for Cannon Road Reach 4. Mr. Munoz said a letter received from Everett DeLano, representing Ocean Hills, basically states that if the Planning Commission does not recommend certification of Reach 4 in the EIR, they will not oppose the balance of the project. Mr. Munoz introduced a memo to the Planning Commission stating that if they would like to consider making a recommendation to the City Council exempting Reach 4 from the EIR that it is legally possible per CEQA. He outlined the findings that the Commission would need to integrate into the City Council recommendation, however, he stated it is not Staffs recommendation. RECESS Chairperson Trigas called a recess at 8:00 p.m. MEETING CALLED TO ORDER Chairperson Trigas called the meeting back to order at 8:15 p.m. Applicant Brian Milich of Corky McMillin Companies, 2727 Hoover Avenue, National City, thanked Staff for all the time they spent working on the project over the holidays. Mr. Milich briefly addressed the following concerns raised at the December 19, 2001 meeting: Ranch0 Carlsbad Homeowners - Mr. Milich stated they have worked out an agreement that addresses their concerns for a buffer and moving their RV parking and their garden area to an area on the Robertson Ranch owned by McMillin. These issues have been addressed in a condition of approval and they have continued to work with them to further clarify those conditions. Mr. Milich stated there is a slight modification to one of the conditions that adds language to describe how the berm on the Ranch0 Carlsbad side of Cannon will be landscaped. San Luis Rey Band of Luiseno Indians Pre-excavation Agreement - Mr. Milich stated they had met and talked with them a number of times and have a meeting scheduled with them on January 17th to go over drafts of the pre-excavation agreement. They should have a final agreement within the next several weeks. Village H Requirements - Mr. Milich stated that originally the 66-acre Village H site was to have 42 units on it under the current Master Plan. There was then a tentative map that mapped 13 units on that site on 7-8 acres of developable land. With the amendment before the Commission that will be reduced to two net acres (three gross acres) of community facilities use, so the balance of 63 acres of that site will be permanently preserved open space. He said although they understand the concerns, they think that site will be predominantly open space and will be enhancing trails that will still allow public use for the majority of that site and respectfully requested they be allowed to put the community facilities on that site. Single-Story Requirement - Mr. Milich said they are proposing to add a condition to the master plan text addressing that issue. He referred to the handout given to the Commission and said that it states in addition to 20 percent of the units being either a single story or reduced two story plan, that no fewer than 10 percent of the total single family units remaining in the master plan be single story. Commissioner Compas asked if he had discussed this with Staff and how they responded. Mr. Munoz replied that if the Commission really would like to see single story units in the Master Plan, Staff would support the revised wording to incorporate single story units at the ratio proposed. Cannon Road Reach 4 - Mr. Milich stated that even though that is not an obligation of the Calavera Hills project they again find themselves in the crossfire and have worked with Staff to address the issues with those parties having an interest in that road. He said they believe the right course of action for this evening is to remove Reach 4B from the EIR for the following reasons: It is not going to be required for 5- Planning Commission Minutes January 2,2002 Page 10 10 years, it is not part of the Calavera Hills project, and would only potentially serve to delay the other more important roads needed today. Commissioner Segall asked him to address comment e. on the Errata Sheet he distributed. Mr. Milich said when they came up with the reduced second story alternative, Staff was concerned that there not be any predominance of one particular plan or another in any village, so there was a minimum requirement that at least a certain number of homes be committed to a certain plan. Because of the requirement for 10 percent to be single story, they didn’t want the requirement to suddenly become 25 percent in a 3-plan program or 20 percent in a 4-plan program, so language was added stating that this minimum plan variety percentage shall not apply to a single story plan. Commissioner Segall asked if that means that some communities may not have any single story and others may have a larger number. Mr. Milich replied that is correct and the intent was to make sure they had variety in the street scene and that there be either single story or reduced two story plans, and it would give them more flexibility in terms of where they would put them. Commissioner Segall asked if there would be more than one style for the single story. Mr. Milich said they generally have three elevations per plan and would do the same with the single story and would be glad to commit to that. Commissioner Segall said the question has been raised about the phasing of College Reaches B, C, and Cannon, Reach 3 and asked if he had a time period right now on when he plans to start and how it’s going to work. Mr. Milich replied that their goal is to build those roads as quickly as they can. They are motivated to see them built because it provides a much better marketing window to their project, they are bonded for the roads and want to get off the bonds at some point, and they are capped at the number of units that they can build prior to the roads being completed. He said they would start all three reaches just as soon as they can; the end of this month or early February would be their goal. Commissioner Segall stated he would support removing Reach 48 because he didn’t think he could make a legitimate finding since they don’t know where the road is going to connect. He said he finds it very awkward to make a finding of where a road would terminate when it’s literally up in the air. He said he thinks discussions need to take place with the City of Oceanside and it’s to their advantage as well as Carlsbad’s to do that as soon as possible so that they know exactly how the roads will align. He said he would support the EIR coming back to the Commission if that’s the sequence that needs to take place. He said he likes the project and thinks the applicant did a lot in terms of the sense of communities in Phase 2. He said he appreciates the inclusion of one story for individuals desiring a one story and who want to live in the community. He said he thinks that overall it’s a good project. He added there are a lot of concerns with the habitat and open space issues, but thinks the project has a lot that is being preserved and supports that as well. Commissioner Compas said he hopes they all agreed on livable streets and said the compromise on single family homes is acceptable to him. He said looking at the situation as objectively as he can, he thinks Cannon Road Reach 4 will be needed eventually and the location will probably be close to what the federal agencies want. He said he believes Calavera Phase 2, Cannon Road Reaches 3 and 4A, and College Blvd. should go forward now, and supports going forward without Cannon Reach 4B. Commissioner Dominguez said he supports the compromises presented by Staff and it’s unfortunate that Calavera Hills was caught up in the crossfire. He stated he believes some of the peripheral issues are just as important. The possible destruction of a Carlsbad Unified School District property site that has been bought and paid for by further assaults on the EIR. He said personally he would have liked to see the entire Reach 4 approved but realizes that could be counterproductive. Therefore he said he’s willing to support the deletion of Reach 48 and moving ahead with the certification of the EIR with the findings and reasons as presented by Staff. Commissioner Heineman said he feels the proposed product appears to be very good and likes the idea of the reduced second story plan as an alternative to some one story homes, but is also happy there will be at least 10 percent of one story plans. He said he thinks the construction of College and Cannon is almost as important as the construction of the houses, although he would support the amendment to eliminate Reach 48 at this time. aa Planning Commission Minutes January 2,2002 Page 11 Commissioner Nielsen said that since everyone says it doesn’t matter what they do on 4B, they should vote it in. If there’s no route determined it just means the EIR will have to be brought back again. He said he could support 48. Chairperson Trigas said she agrees with the other members of the Commission. She added that she feels it’s important that things are looked at from a regional perspective and this shows some of the weaknesses in a number of North County cities where we’re not seeing what the mutual needs are. She hopes there is an honest effort for all the cities to communicate and give input to one another’s projects. Commissioner Segall disclosed that he, along with Chairperson Trigas, met with the applicant with Staff present. He said he also personally had a discussion with Mr. Hafley with the Ocean Hills Homeowners Association and with Ms. Nygaard with Preserve Calavera, without Staff present. Commissioner Dominguez wanted to add that that he hopes the Commission is not sending a message that it’s okay to drop certain portions of circulation plans from EIR’s because if this happens peripherally we’ll all be in more hot water than ever imagined with traffic increasing at the rate it has been. Chairperson Trigas added that the roads are not Carlsbad’s, Oceanside’s, or Vista’s roads; they are regional roads and it’s very foolish to not look at it as a regional road system. MOTION ACTION: Motion by Commissioner Heineman and duly seconded that the Planning Commission adopt Planning Commission Resolution No. 5112 recommending certification of EIR 98-02 incorporating the proposal in the December 31, 2001 memo to restrict the EIR to Reach 4A and without Reach 48 and recommending approval of the Candidate Findings of Fact, Statement of Overriding Consideration, and a Mitigation Monitoring and Reporting Program incorporating Errata Sheets from Senior Planner Munoz referring to Page 41, E., Page, 49, Page 52, d. and Page 84,6., and also revised Errata Conditions dated December 27, 2001 for Planning Commission Resolution 5117, CT 00-02, and incorporating a third condition to add Item #2 from the December 19, 2001 Errata Sheet that was missing from the Revised Errata Sheet of December 27, 2001, and incorporating the proposed changes to pages 51 and 52 of the architectural standards as proposed by the developer. Also recommending on the Mitigation Monitoring Program to allow the artifacts to be located with the American Indian San Luis Band as opposed to the San Diego Museum of Man. Recommending approval of the Candidate Findings of Fact, Statement of Overriding Consideration, and a Mitigation Monitoring and Reporting Program and adoption of Planning Commission Resolutions No. 5113, 5114, 5115, 5116, 5117, and 5118 recommending approval of GPA 99-03, MP 150(H), LFMP 87-07(A), ZC Ol- 01, CT 00-02, and HDP 00-02 based on the findings and subject to the conditions contained therein. DISCUSSION Commissioner Segall wanted to ensure that all documents were included in the motion. The Commission reviewed all the documents to clarify that everything was included. VOTE: AYES: 6-O-O Chairperson Trigas, Commissioners, Compaq Dominguez, Heineman, Nielsen, and Segall NOES: ABSTAIN: None None Chairperson Trigas thanked the applicant for his cooperation and thanked the audience for attending. EXHBlT 8 CALAVERA HILLS MASTER PLAN MP 1500-I) PROPOSED CHANGES TO PG. 51 AND 52 ARCHITECTURAL STANDARDS: (Changes in double-underline and eress+&) b. Single story or Reduced-second story homes. A minimum of 25% of the total number of units along a single side of the street of any street exceeding 550-feet in length shall be single story or conform to the requirements of the following Reduced-second story criteria below. A minimum of 20% of the total number of single family detached units within any particular Phase II single family village (Villages K, L-2, W and X) shall be single story, or Reduced-second story. In addition, at least 10% of the total number of Phase II single familv detached units shall be single storyas-&kws Reduced-second story. To qualify as a Reduced-second story home, the structure must comply with the following criteria; A minimum of 60% of the roofline shall be single story. A two-story element may be added in the central portion of the front and rear elevation. The second-story element may be no greater than 25% of the floor area of the first floor of the house (including garage). The single story or Reduced-second story units are intended to be strategically located in the lotting scheme, and distributed throughout the village. C. Two story homes. A maximum of 33% of the units in a particular single family village may be a maximum of 30 feet in height. The balance of the proposed two story homes in any particular village shall not exceed 26 feet in height. d. Architectural varietv. It is the intent of this Master Plan that architectural variety of single story, dormer two story and reduced-second story homes exist from one single family Phase II village to another. To this end the site development plan applicant must demonstrate architectural variety both internal to the subject village, and external to the other villages. The applicant sha.U file a pre-filing submittal and shall follow the submittal requirements in accordance with the Planning Department’s preliminary review process. In this pre-filing submittal, the applicant shall demonstrate compliance with this section of the Master Plan to the satisfaction of the Planning Director. Upon completion of the pre-filing submittal and review, the applicant may file a formal application for a planned development permit pursuant to this Master Plan. e. Plan varietv. An overwhelming dominance of a particular floor plan is not allowed. A minimum of 25% of the units in any 3-plan village shall be of any single particular approved plan. A minimum of 20% of the units in any 4 plan village shall be of any single particular approved plan. This minimum Plan variety percentantage shall not apply to a single story plan. -.I-. ” LOCATION MAP UNIFIED SCHOOL PROJECT NAME EXHIBIT CANNON ROAD REACHES 4A AND 46 1 4b’ BY: SCOTT EVANS, CARLSSAD ENGlNERlNG DEPT. 12/31/U C \pREsENTA~~S\HAUYR\CANNoN4A48-EXST.Dffi -- 1