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HomeMy WebLinkAbout2002-02-19; City Council; 16664; Carlsbad PromenadeCITY OF CARLSBAD -AGENDA BILL TITLE: CARLSBAD PROMENADE ZC 00-06/LCPA 00-08/CT 00-19/CDP 00-53IHDP 00-10 CITY MGR -Q2 RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. /ds -4a0, APPROVING ZC 00-06 and ADOPT Resolution No. .2302-060 , ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and APPROVING Zone Change ZC 00-06, Local Coastal Program Amendment LCPA 00-08, Carlsbad Tract Map CT 00-19, Coastal Development Permit CDP 00-53 and Hillside Development Permit HDP 00-10 based upon the findings contained therein. ITEM EXPLANATION: Project application(s) To be Reviewed - Reviewed by and Administrative Approvals Final at Council Final at Planning Commission Environmental Review Zone Change X X Hillside Development Permit X Coastal Development Permit X Tract Map X Local Coastal Program Amendment X On January 16, 2002, the Planning Commission recommended approval of a 32-unit single-family residential subdivision on a vacant parcel located on the northeast corner of Poinsettia Lane and Aviara Parkway. The project requires a Zone Change and Local Coastal Program amendment to change the One-Family Residential, 10,000 square foot lot size minimum, Qualified Development Overlay (R-1-10-Q) and Limited Control (L-C) designations of the property to One-Family Residential, 7,500 square foot lot size minimum, Qualified Development Overlay Zone (R-1-7,500 - Q), to implement the Residential Low-Medium (RLM) General Plan designation. The Q-overlay ensures that the future proposed building elevations and floor plans for the project are subject to the review and approval by the Planning Commission. The proposed Tentative Tract map includes panhandle lots, which requires City Council approval as does the associated Coastal Development Permit and Hillside Development Permit. The original project included five panhandle lots. The Planning Commission revised the project to eliminate one of the panhandle lots due to the lot's configuration. The subject lot was internal to the project and was completely surrounded by other lots. The remaining four panhandle lots are adjacent to permanent open space or roadways and, therefore, not completely surrounded. ENVIRONMENTAL: The Planning Commission has determined that this project could have a significant effect on the environment, however, there would not be a significant impact in this case since the mitigation qf approval for the project. On November 2, 2001, the Planning Director issued a Mitigated Negative measures described in Planning Commission Resolution No. 5134 have been added as a condition Ieclaration for the proposed project. /I I PAGE 2 OF AGENDA BILL NO. 6 FISCAL IMPACT All required improvements needed to serve this project would be funded by the developer. The Facility Financing Section of the Zone 20 Local Facilities Management Plan lists the financing techniques being used to guarantee the public facilities needed to serve development within Zone 20. EXHIBITS: 1. City Council Ordinance No. N5- b 20 2. City Council Resolution No. SoO 2-0 60 3. Location Map 4. Planning Commission Resolutions No. 5134, 5135, 5136, 5137, 5138, and 5139 5. Planning Commission Staff Report, dated January 16, 2002 6. Excerpts of Planning Commission Minutes, dated January 16, 2002. 1 1 ' t f 5 1( 11 1; 1: 11 12 1f 1: If l! 2( 21 2: 2: 21 2t 26 27 28 ORDINANCE NO. NS-620 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 00-06, FROM R-1-10,000-Q AND L-C TO R-1-7,500-Q ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: CARLSBAD PROMENADE CASE NO.: ZC 00-06 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map marked Exhibit "ZC 00-06" attached hereto anc made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5135 constitute the findings and conditions oi the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 19th day of FEBRUARY ,2002, and thereafter Ill Ill Ill Ill Ill Ill Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the day of , 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- PROPERTY ZONE CHANGE ZC: 00-06 draft final 0 Project Name: CARLSBAD PROMENADE I Related Case File No@): Legal Description(s): The northwest quarter of the LCPA 00-081 CT 00-191 CDP 00-531 HDP OO”l0 southwest quarter of the southwest quarter together with the south half of the southwest quarter of the southwest quarter both of Section 22, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the oIfcial plat thereof. Property: From: To: Council Approval Date: A. 215-070-13-00 Limited Control R-1-Q Ordinance No: B. 215-070-36-00 Limited Control R-1-Q Effective Date: Zone Change Approvals C. 214-550-01-00 Signature: R-1-Q R-1-10,000-0 Attach additional pages if necessary 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2a 21 22 23 24 25 26 27 2s RESOLUTION NO. 2002-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED AND REPORTING PROGRAM AND ADDENDUM AND NEGATIVE DECLARATION AND MITIGATION MONITORING APPROVING A ZONE CHANGE, LOCAL COASTAL PROGRAM AMENDMENT, TENTATIVE TRACT MAP, COASTAL PMENT PERMIT, AND HILLSIDE DEVELOPMENT LOTS ON PROPERTY LOCATED ON THE follows: WHEREAS, the City Council did on the day Of FEBRUARY , 2002 Hillside Development Permit and; and arguments, if any, of all persons desiring to be heard, the City Council cbnsidered all factors relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 It 15 2( 21 2; 2: 24 2: 2t 27 2E and Addendum, Zone Change, Local Coastal Program Amendment, Tentative Tract Map Coastal Development Permit, and Hillside Development Permit. The City Council of the City of Carlsbad, California does hereby resolve as follows: That the above recitations are true and correct. Resolutions No. 5 137, 5138 and 5139 constitute the findings of the City of the Planning Commission in Planning Commission Council in this matter. d Negative Declaration and Mitigation Monitoring and dopted, and the Zone Change, Local Coastal Program Permit, ZC 00-06, LCPA 00-08, CT 00-19, CDP 00-53, ed as shown in Planning Commission Resolutions No. on file with the City Clerk and incorporated herein by at a regular meeting of the City Council of the City of Carlsbad on the , 2002, by the following vote, to wit: CLAUDE A. LEWIS, Mayor \ ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) \ -2- LOCAL COASTAL PROGRAM LCPA: 00-08 drafi final 0 Project Name: CARLSBAD PROMENADE I Related Case File No(s): Property/Legal Description(s): The northwest quarter of the ZC 00-061 CT 00-191 CDP 00-531 HDP 00-10 southwest quarter of the southwest quarter together with the south half of the southwest quarter of the southwest quarter both of Section 22, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of California, according to the ofticial plat thereof. LCPA Map Designation Change A. 215-070-13-00 Property Approvals R-1-Q Limited Control From: To: Council Approval Date: 6.215-070-36-00 Limited Control R-1-Q Resolution No: Effective Date: Signature: C, 214-550-01-00 R-1-Q R-I-iO,OOO-Q m u. I I Attach additional pages if nkcessary I 8 EXHIBIT 3 CARLSBAD PROMENADE ZC OO-O6/LCPA 00-08/CT 00-1 9/ CDP 00-53/HDP 00-1 0 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 5134 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND ADDENDUM TO REZONE, GRADE AND SUBDIVIDE 30.9 ACRES INTO 37 LOTS ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20 CASE NAME: CARLSBAD PROMENADE CASE NO.: ZC 00-06LCPA 00-08/CT 00-19/CDP 00- 53/ HDP 00-10 WHEREAS, Carlsbad Promenade Partners, LLC, a Delaware limited liability company, “Developer’T’Owner” has filed a verified application with the City of Carlsbad regarding property described as The northwest quarter of the southwest quarter of the southwest quarter together with the south half of the southwest quarter of the southwest quarter both of Section 22, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof, together with Lot 1 of Carlsbad Tract No. 91-12, Mariners Point Unit 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 13394, filed in the office of the County recorder of San Diego County, California on January 24,1997 (“the Property”); and WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 16th 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 initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors 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 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum. 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 Planning Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum according to Exhibit "ND" dated November 2,2001, and "PII" dated October 16,2001, attached hereto and made a part hereof, based on the following findings: Findings: 1. ... ... ... ... ... ... The Planning Commission of the City of Carlsbad does hereby find: A. B. C. D. It has reviewed, analyzed and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and The Mitigated Negative Declaration Mitigation Monitoring and Reporting Program and Addendum have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and It reflects the independent judgment of the Planning Commission of the City of Carlsbad; and Based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PC RES0 NO. 5134 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of January 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Segall NOES: ABSENT: ABSTAIN: SEENA TRIGAS, Chairpan CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HMZMIUER Planning Director PC RES0 NO. 5134 -3- ~ City of Carlsbad MITIGATED NEGATIVE DECLARATION Project AddressLocation: The northeast comer of Aviara Parkway and Poinsettia Lane, Carlsbad, California Project Description: The rezone, subdivision and grading of 30.9 acres into 33 residential single family lots (12.13 ac.) and five open space lots (18.77 ac.) on property located on the northeast comer of Poinsettia Lane and Aviara Parkway. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project “as revised” may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. DATED: NOVEMBER 2,2001 CASE NO: ZC 00-06LCPA 00-08KT 00-19KDP 00-53/HDP 00-10 CASE NAME: CAIUSBAD PROMENADE PUBLISH DATE: NOVEMBER 2,2001 Planning Director 1635 Faraday Avenue - Carlsbad. CA 92008-7314 - (760) 602-4600 - FAX (760) 602-8559 - www.ci.carlsbad.ca.us 1.3@ ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1 CASE NO: ZC OO-O6/LCPA 00-08/CT 00-19KDP 00-53lHDP 00-10 DATE: October 16,2001 BACKGROUND 1. CASE NAME: CARLSBAD PROMENADE 2. APPLICANT: CARLSBAD PROMENADE PARTNERS. LLC 3. ADDRESSES AND PHONE NUMBER OF APPLICANT: 4275 EXECUTIVE SOUARE. SUITE 240, LA JOLLA. CA 92037 (858) 625-3119 4. DATE EL4 FORM PART I SUBMITTED October 13,2000 5. PROJECT DESCRIPTION The subdivision and grading of 30.9 acres into 33 residential lots (12.13 ac.) and five ouen suace lots (18.77 ac.) on urouertv located on the northeast comer of Poinsettia Lane and Aviara Parkwav. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. 0 Land Use and Planning [XI TransportatiodCirculation 0 Public Services 0 Population and Housing 0 Biological Resources 0 Utilities & Service Systems Geological Problem 0 Energy & Mineral Resources 0 Aesthetics 0 Water 0 Hazards Cultural Resources Air Quality [XI Noise 0 Recreation 0 Mandatory Findings of Significance 1 Rev. 03/28/96 Pf DETERMINATION 17 [XI 0 0 0 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EIR is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Master Environmental Impact Review (MER 93-01) pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier Master Environmental Review (MER 93-01), including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. 2 Rev. 03/28/96 14 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. Based on an “EM-Part II”, if a proposed project could have a potentially significant effect on the environment, but potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon . the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03/28/96 .lb 0 If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. 0 An EIR be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Ovemding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part Il analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 03/28/96 /7 Issues (and Supporting Information Sources) I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? (Source #l:Pgs 5.6-1 ~ 5.6-18) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-1 - 5.6-18) d) Affect agricultural resources or operations (e.g. impacts (#l:Pgs 5.6-1 - 5.6-18) to soils or farmlands, or impacts from incompatible land uses)? (#l:Pgs 5.6-1 - 5.6-18) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community) (#l:Pgs 5.6-1 - 5.6-18) 11. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local b) Induce substantial growth in an area either directly or population projections? (#l:Pgs 5.5-1 - 5.5-6) indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-1 - 5.5-6) c) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-1 - 5.5-6) 111. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (#l:Pgs 5.1-1 - 51-15, # 2) b) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15, # 2) c) Seismic ground failure, including liquefaction? (#l:Pgs d) Seiche, tsunami. or volcanic hazard? (#l:Pgs 5.1-1 - e) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15, # 2) t) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 ~ 5.1-15,#2) 5.1-1 -5.1.15,#2) 5.1-15, # 2) g) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15, # 2) h) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15, # 2) i) Unique geologic or physical features? (#l:Pgs 5.1-1 - 5.1-15, # 2) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#l:Pgs 5.2-1 - 5.2- 11) b) Exposure of people or property to water related hazards such as flooding? (#l:Pgs 5.2-1 - 5.2-11) Potentially Si&icant Impact 0 0 0' 0 cl 0 0 0 0 0 0 0 0 0 0 0 0 Potencially Less Than No Significant Slgnificant Impact Incorporated Mitigation Unless Impact om 0. om UIXI 0 om 0 OH 0 om 0 BO 0 (XI0 0 (XI0 0 om 0 om 00 0 om 0 (XIm 0 OIXI 0 OIXI 0 om 5 Rev. 03/28/96 / 8 Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated 0 Significant Impact LessThan No Impact c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved d) Changes in the amount of surface water in any water oxygen or turbidity)? (#l:Pgs 5.2-1 - 5.2-1 I) body? (#l:Pgs 5.2-1 - 5.2-1 I) e) Changes in currents, or the course or direction of water f) Changes in the quantity of ground waters, either movements? (#l:Pgs 5.2-1 - 5.2-11) interception of an aquifer by cuts or excavations or through direct additions or withdrawals, or through through substantial loss of groundwater recharge capability? (#l:Pgs 5.2-1 - 5.2-11. # 2) g) Altered direction or rate of flow of groundwater? (#l:Pgs5.2-1 -5.2-11.#2) h) Impacts to groundwater quality? (#l:Pgs 5.2-1 - 5.2-1 1) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-1 - 5.2-1 1) 0 0 0 0 om om om 0 0 0 0 om 0 0 0 0 om om V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 - 5.3-12) b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-1 - 5.3-12) c) Alter air movement. moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-1 - 5.3-12) d) Createobjectionableodors? (#l:Pgs 5.3-1 - 5.3-12) IXI 0 00 0 0 0 0 0 om 0 om VI. TRANSPORTATIONICIRCUATION. Would the a) Increased vehicle trips or traffic congestion? (#l:Pgs proposal result in: b) Hazards to safety from design features (e.g. sharp 5.7-1 - 5.7-22) curves or dangerous intersections) or incompatible uses (e& farm equipment)? (#l:Pgs 5.7-1 - 5.7-22) c) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-1 - 5.7-22) d) Insufticient parking capacity on-site or off-site? (#l:Pgs 5.7-1 - 5.7-22) e) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-1 - 5.7-22) 0 Conflicts with adopted policies supporting alternative transportation (e.& bus turnouts, bicycle racks)? g) Rail, waterborne or air traftic impacts? (#l:Pgs 5.7-1 - (#l:Pgs 5.7-1 - 5.7-22) 5.7-22) IXI 0 0 0 00 om 0 0 0 17 0 om OB om 0 0 0 0 OIXI VII. BIOLOGICAL RESOURCES. Would the proposal result in a) Endangered, threatened or rare species or their habitats impacts to: (including but not limited to plants, fish, insects, animals, and birds)? (#l:Pgs 5.4-1 5.4-24, # 3) 6 0 0 om Rev. 03/28/96 /f Issues (and Supporting Information Sources). b) Locally designated species (e.g. heritage trees)? (#l:Pgs c) Locally designated natural communities (e.g. oak forest, d) Wetland habitat (e.g. marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-1 5.4-1 - 5.4-24, # 3) coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4-24, # 3) (#l:Pgs 5.4-1 - 5.4-24, # 3) - 5.4-24. # 3) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) b) Use non-renewable resources in a wasteful and inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13- c) Result in the loss of availability of a known mineral 1 - 5.13-9) resource that would be of future value to the region and the residents of the State? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, b) Possible interference with an emergency response plan chemicals or radiation)? (#l:Pgs 5.10.1-1-5.10.1-5, # 6) or emergency evacuation plan? (#l:Pgs 5.10.1-1 - 5.10.1-5) c) The creation of any health hazard or potential health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5) d) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5, # 6) e) Increase tire hazard in areas with flammable brush, grass, or trees? (#l:Pgs 5.10.1-1 - 5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-1 - 5.9- b) Exposure of people to severe noise levels? (#l:Pgs 5.9- 15) 1 - 5.9-15) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6, # 5) b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4, # 5) c) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) d) Maintenance of public facilities, including roads? e) Other governmental services? (#l:Pgs 5.12.1-1 - (#l:Pgs 5.12.1-1 - 5.12.8-7, # 5) 5.12.8-7, # 5) Potentially Significant Impact 0 I7 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 Significant Impact LessTban No Impact om om om om 0 0 om 0 0 OBI 0 0 OBI 0 0 om 0 0 om 0 0 om 0 0 OBI 0 0 om 0 0 OBI 0 Ixl 00 0 0 OH 7 Rev. 03/28/96 040 Issues (and Supporting Information Sources). XII.UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or a) Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 & substantial alterations to the following utilities: b) Communications systems? (#l:Pgs 5.12.1-1 - 5.12.8-7) 5.13-1 - 5.13-9) c) Local or regional water treatment or distribution d) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7, #5) e) Storm water drainage? (#l:Pg 5.2-8, # 5) 0 Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3, # 5) facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7, # 5) g) Local or regional water supplies? (#l:Pgs 5.12.2-1 - 5.12.3-7, #5) XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#l:Pgs b) Have or demonstrate a negative aesthetic effect? c) Create light or glare? (#l:Pgs 5.11-1 - 5.11-5) 5.11-1 -5.11-5,#5) (#l:Pgs5.11-1 -5.11-5,#5) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (#l:Pgs 5.8-1 - 5.8- b) Disturb archaeological resources? (#l:Pgs 5.8-1 - 5.8- c) Affect historical resources? (#l:Pgs 5.8-1 - 5.8-10, # 5) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8- e) Restrict existing religious or sacred uses within the 1 - 5.8-10, # 5) potential impact area? (#l:Pgs 5.8-1 - 5.8-10, # 5) 10, # 5) 10, # 5) XV.RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 - 5.12.8-7, #5) b) Affect existing recreational opportunities? (#l:Pgs 5.12.8-1 - 5.12.8-7) Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 0 [XI 00 0 0 OB 0 0 OB 0 om 0 om 0 0 UIXI XVI. MANDATORY FINDINGS OF SIGNIFICANCE. 8 Rev. 03/28/96 21 Issues (and Sunnortine Information Sources). Potentially Potentially Less Than No .. Significant Significant Significant Impact Impact Unless Impact Mitigation Does the project have the potential to degrade the habitat of a fish or wildlife species, cause a fish or quality of the environment, substantially reduce the wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important prehistory? examples of the major periods of California history or Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection current projects, and the effects of probable future with the effects of past projects, the effects of other projects) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? - Incorporated 17 0 om 0 0 om 0 0 om 9 XVII. EARLIER ANALYSES, Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)@). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 10 Rev. 03/28/96 c? 3 DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTIONlENVIRONNTAL SETTING The project is the subdivision and grading of a 30.9-acre parcel located on the northeast comer of Aviara Parkway and Poinsettia Lane, Carlsbad, California. Access to the site will be via a public street off Aviara Parkway, 1187 feet north of Poinsettia Lane. Residential lots will front onto a L-shaped cul-de-sac that parallels Aviara Pkwy and Poinsettia Lane. The developable portion of the site is located on the southern portion and north of Poinsettia Lane. This area is relatively flat and has been previously disturbed by agricultural uses. No duel criteria slopes are being disturbed by the project. The northern portion of the site slopes northerly to a natural drainage finger of Encinas Creek. Native habitat covers the northern portion (8.95 ac.) to be preserved as open space. A San Diego Gas and Electric easement for overhead electric lines transitions the site from north to south along the eastern side of the property. South of Poinsettia Lane is a triangular area (5.1 acres) of open space. This area contains manufactured slopes of Poinsettia Lane, a SDG&E transmission tower, and native habitats to be preserved. A public pedestrian trail is proposed on the existing service road within the SDG&E easement north of Poinsettia Lane. Grading for the site involves 46,000 cu yds of cut and 46,000 cu yds of fill resulting in a balanced grading plan with no import or export of soil material. The project does not impact any of the sensitive habitats or species found on the site. The project preserves the existing 7.58 ac. of Coastal Sage Scrub 1.49 ac. Southern Maritime Chaparral, .67 ac. Southern Willow Scrub, and .60 ac of wetland ruderal vegetation. Wart-stemmed Ceanothus and Ashy spike-moss was also found on site and are not being disturbed. A protocol Coastal California Gnatcatcher survey identified three pair of birds in areas not proposed for development. 11 Rev. 03/28/96 ' 2 Lf 11. ENVIRONMENTAL ANALYSIS B. Environmental Impact Discussion Geologic Problems The geotechnical investigation for the site identifies various soil conditions that will require remedial action to mitigate potential adverse conditions. These conditions include expansive soils, undocumented fills, and removal and recompaction requirements. The implementation of the recommendations contained in the geotechnical report will mitigate any impacts to a level of non-significance. Water The project will have an increase in impermeable surface with a resultant increase in water runoff. The projects design incorporates drainage structures, vegetated swales, and energy dissipaters to direct water to the natural drainage channels, improve water quality and reduce the velocity of the water to reduce erosion. The project will be restricted from winter grading as a condition of the project. Air Quality The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Final Master EIR, including this project, therefore, no 12 Rev. 03/28/96 2 5 further environmental review of air quality impacts is required. This document is available at the Planning Department. TransportationlCirculation The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. ‘The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval, Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 44-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. A MEIR may not be used to review projects if it was certified more than five years prior to the filing of an application for a later project. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MER was certified more than five years ago, the City’s preliminary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. The only potential changed circumstance, the intersection failure at Palomar Airport Rd. and El Camino Real, which has been mitigated to below a level of significance with new roadway improvements. Additionally, there is no new available information, which was not known and could not have been known at the time the MEIR was certified. Therefore, the MER remains adequate to review later projects. Noise The project site is located adjacent to two major arterials, Poinsettia Lane and Aviara Parkway. No homes are proposed with the project at this time. A noise study prepared for the project identifies that the exterior noise levels will not exceed the City’s standard of 60 CNEL for the 13 Rev. 03/28/96 2 6 first floor exterior of the units, however the second floor noise level may exceed the 60 CNEL maximum. Therefore, the project will need to show compliance with the 45 CNEL interior noise level prior to building permit issuance. Mitigation in the form of specialized window treatments may be required. Paleontology The site has the potential to produce fossil resources that would be a significant impact. Implementation of the mitigation measures would reduce the impacts to a level of insignificance. Aesthetics The project proposes manufactured slopes adjacent to circulation element roadways. The slopes are currently minimally landscaped. The project is designed to incorporate varied slope angles and landscaping to reduce the visual impact of the manufactured slopes. 111. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008, (760) 602-4600. 1. Final Master Environmental ImDact Report for the City of Carlsbad General Plan Update (MER 93-01), dated March 1994, City of Carlsbad Planning Department. 2. Geotechnical Investigation Proposed Residential development. Poinsettia Lane at Arizona Parkwav. Carlsbad, California highton and Associates, dated February 13, 1998. 3. Biological Resources Assessment for Carlsbad Promenade, Planning Systems, dated March 28,2001. 4. Carlsbad Promenade Residential Development Acoustical Study. San Diego, CA, Investigative Science and Engineering, Inc. dated October 8,2000. 5. Final Promam Environmental Impact Report for the Zone 20 Suecific Plan Proiect, Carlsbad. California, Brian F. Mooney Associates, dated June 1992. 6. Phase 1 Environmental Site Assessment Updated Report for the Proposed Carlsbad Promenade Residential Development at the intersection of Aviara Parkwav and Poinsettia Lane. Carlsbad, California, Gradient Engineers, Inc. dated February 12, 2001 14 Rev. 03/28/96 37 LIST OF h4lTIGATING MEASURES The project shall incorporate the recommended remedial grading measures in the geotechnical report to reduce the potential for impacts due to existing soil conditions. The project shall provide an interior noise assessment designed to reduce noise levels to 45 CNEL prior to building permit issuance. The following paleontological mitigation measures shall be implemented; 1. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. 2. A copy of the paleontologist’s report shall be provided to the Planning Director prior to issuance of a grading permit. 3. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. 4. The paleontologist shall make periodic reports to the Planning Director during the grading process. 5. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. 6. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. 7. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. 8. Upon completion of the grading, a detailed report of the findings shall be submitted to the Planning Director for review. 9. Prior to approval of a final map or issuance of a grading permit, whichever occurs first, the Developer shall execute a document or documents to the satisfaction of the Planning Director and the City Attorney which accomplish at a minimum the following: A. Continued ownership of open space lots 34, 35, 36, 37, and 38 by the Developer or its successor in interest; B. While in continued private ownership, active maintenance to protect and preserve the quality of the habitat (including but not limited to reasonable prevention of trespass); C. Maintenance shall include the removal of any existing trash, debris, and illegal migrant worker housing; and 15 Rev. 03/28/96 a2 D. Transfer of ownership and maintenance responsibility at some future date to the City or its designee simultaneously with transfer of funding or other acceptable financial mechanism to provide for management and conservation in perpetuity. (The cost of management is currently estimated to be approximately $85.00 per acre per year). ATTACH MITIGATION MONlTORING PROGRAM See Attachment 16 Rev. 03/28/96 a9 APPLICANT CONCURRENCE WITH MlTIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date I Signature 17 Rev. 03/28/96 30 ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR ZCOO-06 - CARLSBAD PROMENADE Subsequent to the issuance of the mitigated negative declaration, it was determined that a new mitigation measure addressing continued ownership and maintenance of the open space should be added to the mitigation monitoring and reporting program. There are no substantial changes in the project, or changes to the circumstances under which the project is undertaken, which would result in an increase to the severity of previously identified significant environmental effects. ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 1 of 3 I 1 i i I I I I I I I L v % 0 a: a ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 2 of 3 0 i 33 ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 3 of 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. 5135 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM R-1-10-Q AND LIMITED CONTROL TO RESIDENTIAL SINGLE-FAMILY 7,500 SQUARE FOOT LOT SIZE MINIMUM QUALIFIED GENERALLY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND AVIARA. PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: CARLSBAD PROMENADE CASE NO: ZC 00-06 WHEREAS, Carlsbad Promenade Partners, LLC, a Delaware limited liability company, “Developer”/”Owner” has filed a verified application with the City of Carlsbad regarding property described as DEVELOPMENT OVERLAY (R-1-7,500-Q) ON PROPERTY The northwest quarter of the southwest quarter of the southwest quarter together with the south half of the southwest quarter of the southwest quarter both of Section 22, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof, together with Lot 1 of Carlsbad Tract No. 91-12, Mariners Point Unit 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 13394, filed in the office of the County recorder of San Diego County, California on January 24,1997 (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibits ”ZC 00-06” dated January 16,2002, on file in the Planning Department, CARLSBAD PROMENADE - ZC 00-06 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 16th 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 . 35- 1 2 3 4 4 t i 8 s 1C 11 12 12 14 15 1f 1; 18 IS 2( 21 2; 2: 2L 2: 2t 2: 2z 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 based on the following findings and subject to the following conditions: RECOMMENDS APPROVAL of CARLSBAD PROMENADE - ZC 00-06 Findines: 1. That the proposed Zone Change from R-1-10-Q Limited Control (L-C) to One-family Residential, 7,500 square foot lot size minimum, Qualified Development Overlay Zone (R-1-7,500-Q) is consistent with the goals and policies of the various elements of the General Plan, in that the proposed zone replaces the L-C Zone which is intended to be an interim zone designation. The proposed R-1-7,500-Q zone is consistent with the RLM General Plan land use designation and by the Zone 20 Specific Plan which was earlier found to be consistent with the General Plan. 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 zoning designation shown on Exhibit “AA” implements the existing General Plan Land Use Designation. 3. That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that residential uses allowed by the proposed zone change are compatible with surrounding and future residential uses. 4. The Q-Overlay Zone, made part of the proposed zone change, provides the City with discretionary review over the placement of the residential units to assure that they will conform to all applicable regulations. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum and LCPA 00- 08 and is subject to all conditions contained in Planning Commission Resolutions No. 5134 and 5136 for those other approvals. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “feeslexactions.” You have 90 days from date. of final approval to protest imposition of these feedexactions. .If you protest them, you must follow the protest procedure set forth in Government Code Section PC RES0 NO. 5135 -2- 34 1 1 - 4 c - e i 8 S IC 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 feedexactions 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 feedexactions 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 16th day of January 2002, by the following v.ote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Segall NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5135 -3- 37 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. 5136 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO BRING THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND ZONING MAP INTO CONFORMANCE ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20 CASE NAME: CARLSBAD PROMENADE CASE NO: LCPA 00-08 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, Carlsbad Promenade Partners, LLC, a Delaware limited liability company, “Developer”/”Owner” has filed a verified application for an amendment to the Local Coastal Program designations regarding property described as The northwest quarter of the southwest quarter of the southwest quarter together with the south half of the southwest quarter of the southwest quarter both of Section 22, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof, together with Lot 1 of Carlsbad Tract No. 91-12, Mariners Point Unit 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 13394, filed in the ofice of the County recorder of San Diego County, California on January 24,1997 (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “ZC 00-06” attached to Planning Commission Resolution No. 5135, and made a part hereof, dated January 16, 2002 as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and 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 hc WHEREAS, the Planning Commission did on the 16th day of January 2002. )Id 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 Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: Findines: 1. Th; That the foregoing recitations are true and correct. At the end of the State mandated six week review period, starting on December 6, 2001 and ending on January 16, 2002, staff shall present to the City Council a summary of the comments received. That based on the evidence presented at the public hearing, the Commission OS based on the following findings, and subject to the following conditions: RECOMMENDS APPROVAL of CARLSBAD PROMENADE - LCPA 00- it the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello I1 segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed R-1-7,500-Q zoning is consistent with, the existing Residential Low-Medium land use designation and the project is consistent with applicable policies preserving native habitats and requiring the project to provide drainage and erosion control measures. 2. That the proposed amendment to the Mello I1 segment of the Carlsbad Local Coastal Program is required to bring the designation of the City’s General Plan Land Use Map, Zoning Map (as amended), and Mello I1 Implementation (the zoning map) into conformance. 3. That the project is conditioned to provide the payment of an agricultural conversion mitigation fee which will mitigate the loss of agricultural resources by preserving or enhancing other important coastal resources. ... PC RES0 NO. 5136 -2- 39 1 2 3 4 5 6 7 8 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2' 2: Commission of the City of Carlsbad, held on the 16th day of January 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Segall NOES: ABSENT: ABSTAIN: 2z2s3&- CARLSBAD PLANNING COMMISSION ATTEST: Planning Director I PC REX0 NO. 5136 -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. 5137 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE 30.9 ACRES INTO 37 LOTS ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20 CASE NAME: CARLSBAD PROMENADE CASE NO.: CT 00- 19 WHEREAS, Carlsbad Promenade Partners, LLC, a Delaware limited liability company, “Developer’T’Owner” has filed a verified application with the City of Carlsbad regarding property described as APPROVAL OF CARLSBAD TRACT NUMBER CT 00-19 TO The northwest quarter of the southwest quarter of the southwest quarter together with the south half of the southwest quarter of the southwest quarter both of Section 22, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof, together with Lot 1 of Carlsbad Tract No. 91-12, Mariners Point Unit 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 13394, filed in the office of the County recorder of San Diego County, California on January 24,1997 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibit(s) “A” - “H” dated January 16, 2002, on file in the Planning Department CARLSBAD PROMENADE - CT 00-19, as provided by Title 20 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th 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. lJl 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) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL OF CARLSBAD PROMENADE - CT 00-19, based on fhe following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. 5. 6. 7. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Titles 20 and 21 governing lot sizes and configuration and have been designed to comply with all other applicable City regulations.. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan, in that surrounding residentially designated properties are designated for and/or have been approved for development with single-family homes on similar sized lots. 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 complies with all City policies and standards without the need for a variance from development standards. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that prior to, or concurrent with, recordation of the final map, the developer will vacate and adjust any easements that conflict with the proposed development. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures are oriented in an east-west alignment for southern exposure and to take advantage of prevailing breezes. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. PC RES0 NO. 5137 -2- 42 1 2 3 4 5 6 7 8 9 IC 11 12 13 14 15 It li 18 1s 2c 21 22 22 2f 2: 2t 2; 28 8. 9. 10. 11. 12. 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 site has been previously disturbed by agricultural activities and the project does not impact any of the on-site significant habitats. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan and Specific Plan 203 based on the facts set forth in the staff report dated January 16,2002 including, but not limited to the following: A. Land Use - The project is consistent with the City’s General Plan since the proposed density of 1.6 ddacre is within the density range of 0-4 ddacre specified for the site as indicated on the Land Use Element of the General Plan, and is below the growth control point of 3.2 dulacre. B. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards. C. Housing - That the project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has been conditioned to enter into an Affordable Housing Agreement to purchase six affordable housing credits in Villa Loma. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 20 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. C. The Public Facility fee is required to be paid by Council Policy No. I7 and will be collected prior to the issuance of building permit. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). PC RES0 NO. 5137 -3- 43 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 13. 14. 15. 16. 17. 18. That the property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that a significant portion of the property that is constrained by slopes and habitat is being preserved in open space. The remaining property is not wide enough for two street frontages and too deep for single lots, which would exceed the 3:l lot depth to width ratio. That subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property, in that no other properties are proposed to be served by the development and the panhandle lots are adjacent to proposed permanent open space. That the buildable portion of the lot consists of the entire lot exclusive of any portion of the lot less than thirty-five feet in width that is used for access to the lot, areas not subject to required setbacks, including top of slope setbacks as defined by the Hillside Development and Design Guidelines, which meets the requirements of Section 21.10.080(c) of the Carlsbad Municipal Code; That the ffont, side, and rear property lines of the buildable lot, for purposes of determining required yards, are as shown on Exhibit(s) “C” and “D” of tentative map CT 00-19. That any panhandle lot hereby approved satisfies all the requirements of Section 21.10.080(d) ofthe Carlsbad Municipal Code. 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 final map or 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 future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this tentative map. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the tentative 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. PC RES0 NO. 5 137 -4- 4+ 1 2 3 4 5 6 7 8 9 IO 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. IO. 11. 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 DevelopedOperator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this tentative 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’s approval is not validated. The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. The Developer shall implement, or cause the impIementation of, the Carlsbad Promenade Project Mitigation Monitoring and Reporting Program and addendum. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. PC RES0 NO. 5137 -5- 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 17. 18. This approval is granted subject to the approval of ZC 00-06, HDP 00-10, and CDP 00- 53 and is subject to all conditions contained in 5135, 5138, and 5139 for those other approvals. All grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the “dry season”, April 1st to October 1st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer and only if all erosion control measures are in place by October 1st. 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 purchase six affordable housing credits in the Villa Loma housing project 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 90 days after the California Coastal Commission action on the project. 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 and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 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. Developer shall submit to the City a Notice of Restriction to be filed in the ofice of the County Recorder, subject to the satisfaction of the Planning Director, notifymg all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map by Resolutions No. 5137 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. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the PC RES0 NO. 5 137 -6- 44 1 2 3 4 5 6 7 8 9 1c 11 12 13 14 15 It 17 18 1s 2c 21 22 22 24 22 2c 2; 2f 19. 20. 21. 22. 23. 24. 25. 26. fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can he obtained. The Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. The developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). The Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). The Developer shall provide a minimum of 25 percent of the lots with adequate sideyard area for Recreational Vehicle storage pursuant to City Standards. The Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. The tentative map approval shall expire twenty - four (24) months from the date of the resolution containing the final decision for tentative map approval. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: A. General Enforcement bv the Citv. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. B. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. PC RES0 NO. 5137 -7- 47 1 2 3 4 ‘5 6 7 E S 1c 11 12 12 14 15 1t 1; 1E 15 2( 21 22 2: 2L 2t 2c 21 28 C. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days ‘from the giving of such notice. In the event that the Association fails to cany out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. D. Special Assessments Levied bv the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and hisher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. E. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth by the approved landscape plan on file at the City of Carlsbad Planning Department. F. ODen Soace Maintenance ResDonsibilities: The Association open space maintenance responsibilities for Open Space Lots 34,35,36,37, and 38, shall consist of active maintenance to protect and preserve the quality of the habitat (including but not limited to reasonable prevention of trespass) as required by USFWS and CDFG until some future date at which time PC RES0 NO. 5137 -8- 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 2.5 27 26 21. 28. 29. ownership will be transferred to the City or its designee for perpetual maintenance. G. Open Space Maintenance Financial ResponsibilitvlObligation: Simultaneous with the transfer of ownership of open space Lots 34,35,36,37, and 38 to the City or its designee, the HOA shall provide funding or other acceptable financial mechanism to provide for management and conservation in perpetuity. (The cost of management is currently estimated to be approximately $85.00 per acre per year). Prior to approval of a final map or issuance of a grading permit, whichever occurs first, the Developer shall execute a document or documents to the satisfaction of the Planning Director and the City Attorney which accomplish at a minimum the following: A. B. C. D. Continued ownership of open space lots 34, 35, 36, 37, and 38 by the Developer or its successor in interest; While in continued private ownership, active maintenance to protect and preserve the quality of the habitat (including but not limited to reasonable prevention of trespass); Maintenance shall include the removal of any existing trash, debris, and illegal migrant worker housing; and Transfer of ownership and maintenance responsibility at some future date to the City or its designee simultaneously with transfer of funding or other acceptable financial mechanism to provide for management and conservation in perpetuity. (The cost of management is currently estimated to be approximately $85.00 per acre per year). The Developer shall dedicate on the final map, an open space easement for those portions of lots 34, 35,36,37, and 38 which are (in slopes, wetlands, coastal sage scrub or other constrained land plus all other lands set aside as part of the Citywide Open Space System) to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibits “A” - “ H” dated January 16,2002. Removal of native vegetation and development of Open Space Lot(s) 34, 35,36,37, and 38, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of the grading plan, improvement plans, biological revegetation program, and landscape plan as shown on Exhibit “A” - “H” dated January 16, 2002, is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning.Director, and California Coastal Commission, based upon a request from the Homeowners Association accompanied by a report from a qualified arboristhotanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas PC RES0 NO. 5137 -9- Lf9 1 2 3 4 5 6 7 8 9 la 11 12 13 14 15 16 17 la 1s 2c 21 22 23 24 25 2t 27 2E 30. 31. 32. 33. containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for trail@) shown on the tentative map within Open Space Lot(s) 35 and 38. 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. All of the dwelling units shall be equipped with automatic fire sprinklers. Prior to the issuance of a grading permit, the developer shall submit to the Planning Department a recorded copy of a right-of-way use agreement with San Diego Gas and Electric and a letter of permission for grading from San Diego Gas and Electric for the proposed encroachments into the existing easement for grading. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Engineering Conditions: General 34. 35. 36. 37. 38. 39. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Prior to issuance of any building permit, Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. Developer shall provide to the City Engineer, an acceptable means, CC&Rs orland other 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. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 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. PC RES0 NO. 5137 -10- 5-0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2E FeedApreements 40. 41. 42. 43. 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. Developer shall cause property owner to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the Tentative Map. The deed restriction document shall be in a form acceptable to the City Engineer and shall: A. Clearly delineate the limits of the drainage course; B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 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. Grading 44. 45. 46. 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. Based upon a review of the proposed grading and the grading quantities shown on the Tentative Map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit. 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. PC RES0 NO. 5 137 -11- 51 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 Dedications/Improvements 47. 48. 49. 50. 51. 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 shown on the Tentative Map. The offer shall be made by a certificate on the final map andor by separate document prior to recordation of the final map. 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. 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 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, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights and retaining walls, to City Standards to the satisfaction of the City Engineer. A. B. C. D. E. Poinsettia Lane shall be improved to complete full Major Arterial standards (right-of-way width of 102 feet) within the subdivision boundary with transitions as required. Aviara Parkway shall be improved to complete half-street Major Arterial standards (half-street right-of-way width of 51 feet) adjacent to the subdivision boundary. Developer shall construct a traffic signal at the intersection of Street “A” and Aviara Parkway. Installation to be at the direction of the City TraMic Engineer. Developer may enter into a reimbursement agreement with the City for 50% of the construction cost. Street “A” shall be improved to Local Street standards (right-of-way width of 60 feet). The existing waterlines bisecting the property shall be removed after the water lines in Poinsettia Lane are connected to the Twin D reservoir. If the connection has not been made prior to the start of construction of this project, the Developer may make the connection subject to reimbursement by CMWD. 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. Developer shall cause Owner to waive direct access rights on the Final Map for all lots abutting Poinsettia Lane and Aviara Parkway. Developer shall execute and record a City standard Basin Maintenance Agreement prior PC RES0 NO. 5137 -12- 5.2 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 52. 53. 54. 55. 56. 57. 58. to the approval of grading, building permit or final map, whichever occurs first for this Project. Prior to issuance of building permits, Developer shall underground all existing overhead utilities within the subdivision boundary (except existing transmission lines). Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Prior to the issuance of grading permit or building permit, whichever occurs first, 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) Identify existing and post-development on-site pollutants. 2) Recommend source control Best Management Practices (BMPs) to filter said 3) Establish specific procedures for handling spills and routine clean up. pollutants. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants. 4) Ensure long-term maintenance of all post-development BMPs in perpetuity. 5) Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities for a 10-year, 6- hour storm event. If maintaining post-development rates at pre-development levels cannot be achieved, adequate justification subject to the City Engineer’s approval must be provided. Prior to occupancy, 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. Prior to occupancy, Developer shall install sidewalks along all public streets abutting the subdivision in conformance with City of Carlsbad Standards. Prior to occupancy, Developer shall install wheelchair ramps at the public street comers abutting the subdivision in conformance with City of Carlsbad Standards. 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 PC RES0 NO. 5137 -13- 5-3 1 2 3 4 5 6 7 8 9 1c 11 12 13 14 15 16 15 18 15 2c 21 22 23 24 25 26 27 2E longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate. to the satisfaction of the City Engineer. Final MaD Notes 59. Developer shall show on Final Map the net developable acres for each parcel. 60. Note(s) to the following effect(s) shall be placed on the map as non-mapping data. A. B. C. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. Geotechnical Caution: 1. 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. 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. Special Conditions 61. 62, .. The Average Daily Trips (ADT) contained in the staff report and shown on the Tentative Map are for planning purposes only. Developer shall pay trafic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The City of Carlsbad is presently considering action to update and modify Bridge and Thoroughfare District No. 2 (B&TD#2) to finance cost increases incurred and/or estimated to complete the design and construction of Aviara Parkway and Poinsettia Lane within the boundaries of the district. Prior to approval of a final map or issuance of a building permit on the project site, whichever occurs first, the property owner shall enter into an agreement with the City whereby the owner/developer agrees not to oppose the modification of B&TD#2 and further agrees to pay their project's fair share contribution for the B&TD#2 facilities in accordance with the fee schedule as may be adopted by the City Council upon modification of B&TD#2. In the event building permits are issued in advance of the modification of the district, the owner/developer shall post a cash deposit with the City in the amount of the proposed fee as estimated in the latest revision to the B&TD#2 Fee Study Report available at the time of building permit issuance. PC RES0 NO. 5137 -14- 5" 1 2 3 4 < t - I E s IC 11 12 1: lb 1: 1C 1; 1f 15 2( 21 2; 2: 2f 2: 2t 27 28 Water Conditions 63. 64. 65. 66. 67. 68. 69. This project is approved upon the expressed 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. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) 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. Prior to issuance of building permits, Developer shall be pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authoritv caDacitv charge prior to meter installation. 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 City Engineer. Provisions for said public facilities shall be reflected on public improvement plans. The Developer shall design and construct public facilities within the public right-of-way or within minimum 20-feet wide easements granted to the City of Carlsbad. At the discretion of the City Engineer, wider easements may be required for adequate maintenance, access andor joint utility purposes. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the Deputy City Engineer - Design. Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 70. 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. 71. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. PC RES0 NO. 5137 -15- "5- 1 2 3 4 S 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 2s 26 27 28 72. 73. 74. 75. 76. 77. 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 project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of 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 RES0 NO. SI37 -16- 5” 1 2 3 4 5 6 7 8 9 1c 11 12 I? 14 IS It 17 18 15 2c 21 22 2: 21 2: 2t 2; 2t PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of January 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Segall NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5137 -17- 5- 7 1 2 3 4 5 6 I 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. 5138 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 53 ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGE-ENT ZONE 20. CASE NAME: CARLSBAD PROMENADE CASE NO.: CDP 00-53 WHEREAS, Carlsbad Promenade Partners, LLC, a Delaware limited liability company, “Developer”/“Owner” has filed a verified application with the City of Carlsbad regarding property described as APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 00- The northwest quarter of the southwest quarter of the southwest quarter together with the south half of the southwest quarter of the southwest quarter both of Section 22, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof, together with Lot 1 of Carlsbad Tract No. 91-12, Mariners Point Unit 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 13394, filed in the office of the County recorder of San Diego County, California on January 24,1997 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “R” dated January 16, 2002, on file in the Planning Department, CARLSBAD PROMENADE - CDP 00-53 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th 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 CDP. 5-2 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CARLSBAD PROMENADE - CDP 00-53 based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that no prime agricultural lands exist on or near the site; no impacts will occur to environmentally sensitive habitats; no coastal access is or will be needed through or adjacent to the project site; erosion will be controlled by grading in conformance with the City’s Standards; grading will be restricted to the summer season; the site contains no wetlands; no impacts are proposed to dual criteria slopes; and no significant view points are on or near the site. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is located over 1 mile from Batiquitos Lagoon and 1.5 miles from the Pacific Ocean and no coastal access areas or water-oriented recreational activities exist on or near the project site. 3. The project complies with the requirements of the Coastal Agricultural Overlay Zone as the project has been conditioned to pay the agricultural conversion mitigation fee to develop the property with other than agricultural uses. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to 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 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 Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal 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. PC RES0 NO. 5138 -21 3-9 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. 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. This approval is granted subject to the approval of ZC 00-06, CT 00-19, and HDP 00-10 and is subject to all conditions contained in Planning Commission Resolutions No. 5135, 5137, and 5139 for those other approvals. The applicant shall receive and record a final map for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. If a grading permit is required, all grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the “dry season”, April 1st to October 1st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer and only if all erosion control measures are in place by October 1st. To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello I1 Local Coastal program, the applicant shall provide payment of an agricultural mitigation fee, the amount of which shall not be less than $5,000 nor more than $10,000 for each net converted acre of non-prime agricultural land. The amount of the fee shall be determined by the City Council and be paid by the applicant prior to approval of the final map or issuance of any grading permit, whichever occurs first and shall be consistent with the provisions of Carlshad’s LCP. 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 feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. PC RES0 NO. 5138 -3- bo 1 2 3 4 5 6 7 a s 1c 11 12 13 14 15 16 17 18 1s 2c 21 22 22 24 25 26 2i 2E You are hereby FURTHER NOTIFIED that your right to protest the specified feeskxactions 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 feeskxactions 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 16th day of January 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Segall NOES: ABSENT: ABSTAIN: SEENA TRIGAS, Chairphon CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. MZMIL~ER Planning Director PC RES0 NO. 5 138 -4- 1 2 3 4 5 6 7 a 9 1c 11 12 I? 14 15 16 17 18 1s 2c 21 22 22 2L 25 2t 2; 25 PLANNING COMMISSION RESOLUTION NO. 5139 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT HDP 00-10 ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20 CASE NAME: CARLSBAD PROMENADE CASE NO: HDP 00-10 WHEREAS, Carlsbad Promenade Partners, LLC, a Delaware limited liability company, “Developer”/“Owner” has filed a verified application with the City of Carlsbad regarding property described as The northwest quarter of the southwest quarter of the southwest quarter together with the south half of the southwest quarter of the southwest quarter both of Section 22, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof, together with Lot 1 of Carlsbad Tract No. 91-12, Mariners Point Unit 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 13394, filed in the ofice of the County recorder of San Diego County, California on January 24,1997 (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibit(s) “A” - “H” dated January 16,2002, on file in the Carlsbad Planning Department, CARLSBAD PROMENADE - HDP 00-10, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 16th 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 1 2 3 4 5 6 7 8 9 la 11 12 13 14 15 16 17 la 19 2c 21 22 23 24 25 26 27 2E 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 CARLSBAD PROMENADE - HDP 00-10 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages; That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map; That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the project implements the goals and objectives of the Land Use and Open Space/Conservation Element of the General Plan; the hillside conditions have been properly identified and incorporated into the planning process; the natural slopes have been preserved which reduces erosion and protects the natural resources, wildlife habitats and native vegetation; the manufactured slopes have been contour graded and landscaped. 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 the natural slopes that are not prominent landforms features are preserved as natural slopes. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the project does not propose to develop natural slopes over 25% slope gradient which contain sensitive habitats; the project does not propose development of manufactured slopes over 40% gradient; the manufactured slopes created are contour graded; the manufactured slopes are proposed to be screened by landscaping; the developable portion of the site is relatively flat and does not reflect hillside or hilltop characteristics. The architectural review of the project will address building architecture and building setbacks from manufactured slopes. That the project design and lot configuration minimizes disturbance of hillside lands, in that development is restricted to the previously disturbed area and does not impact significant slope areas. The project proposes a grading quantity of 4,035 cubic yards per acre, where up to 8,000 cubic yards is considered acceptable by the Hillside Development Ordinance. PC RES0 NO. 5139 -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 Conditions: Note: Unless otherwise snecifie ,d herein, all conditions shall or final map, whichever occurs first. be satisfied prior to grading permit 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Hillside Development Permit. 2. 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. 3. This approval is granted subject to the approval of ZC 00-06, CT 00-19, CDP 00-53 and is subject to all conditions contained in Planning Commission Resolutions No. 5135, 5137, and 5138 for those other approvals. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure 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 feedexactions 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 RES0 NO. 5139 -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 2t PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of January 2002, by the following vote, to wit: AYES : Chairperson Trigas, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Segall NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOXMIMER Planning Director PC RES0 NO. 5139 -4- b5 rhe City of Carlsbad PlaMing Department EXHIBIT 5 A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: May 10, 2001 P.C. AGENDA OF: January 16,2002 Project Planner: Van Lynch Project Engineer: Glen Van Peski SUBJECT: ZC 00-06LCPA 00-08/CT 00-19/CDP 00-53/HDP 00-10 - CARLSBAD PROMENADE - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and recommendation of approval of a Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Coastal Development Permit, and Hillside Development Permit to change the land use designations from R-1-10-Q and Limited Control (L-C) to One-family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1-7,500 - Q) and for the subdivision and grading of 30.9 acres into 32 residential lots and 5 open space lots located on the northeast comer of Poinsettia Lane and Aviara Parkway in Local Facilities Management Zone 20. 1. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5134, 5135 5136, and 5137, 5138, and 5139 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum and RECOMMENDING APPROVAL. of a Zone Change (ZC 00-06), Local Coastal Program Amendment (LCPA 00-OS), Tentative Tract Map (CT 00-19), Coastal Development Permit (CDP 00-53), and Hillside Development Permit (HDP 00-10) based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The proposed project is a Zone Change and Local Coastal Program Amendment to change the zoning and Local Coastal Program land use designation from R-1-10-Q and Limited Control (L- C) to Residential - Single Family - 7,500 square foot lot size minimum - Qualified Overlay Zone (R-1-7,500-Q). In addition, a Tentative Tract Map, Coastal Development Permit, and Hillside Development Permit are required to subdivide and grade the 30.9 acre parcel of land located on the northeast comer of Poinsettia Lane and Aviara Parkway. The applicant is proposing to subdivide the parcel into 33 residential lots and five open space lots. The project complies with City standards and all necessary findings can be made for the approvals being requested. All of the applications require City Council action. 111. PROJECT DESCRIPTION AND BACKGROUND The 30.9-acre project site is located on the northeast comer of Poinsettia Lane and Aviara Parkway within the Zone 20 Specific Plan and Local Facilities Management Zone 20. It is bordered to the north by the Seaside Heights and Roesch developments, to the east by vacant ZC 00-06LCPA 00-08/CT 00-19/CDP 00-53/HDP 00-10 - CARLSBAD PROMENADE January 16,2002 Page 2 (fallow) agricultural land, to the south by a Poinsettia Lane and the Aviara development, and Aviara Parkway to the west. A SDG&E overhead power transmission line passes through the eastern portion of the property. The property has been used for agricultural purposes in the past and is now fallow. It is on this portion of the site that development is proposed. The remainder of the site is constrained by slopes and native vegetation that will not be disturbed. The northem portion of the site, and some remnant portions contain sensitive habitats (10.34 acres) and are proposed to remain in open space. The remnant parcels are located on the south side of Poinsettia Lane (5.1 acres) and on the west side of Aviara Parkway (.73 acre). Overall, 15.9 acres of the 30.9-acre site is proposed as open space. The project proposes to revegetate .77 acres of Coastal Sage Scrub on the remnant parcel located south of Poinsettia Lane. The proposed Zone Change and Local Coastal Program designations are necessary to change the Limited Control (L-C) designation of the property to One-family Residential, 7,500 square foot lot size minimum, Qualified Development Overlay Zone (R-1-7,500-Q) to implement the Residential Low-Medium (RLM) General Plan designation. Lot 1 of the Mariners Point project, which is the entrance to the Carlsbad Promenade project, is currently zoned R-1-10,000-Q. This parcel is proposed to be changed to R-1-7,5000-Q to be consistent with the rest of the project’s zoning and to eliminate any split zoning as a result of the subdivision. The project includes a request for a Tentative Tract Map. The applicant proposes to divide the property into a total of 38 lots. Thirty-three of the lots will be residential (ranging from 8,000 square feet to 26,720 square feet in area) and the remaining five lots will be open space lots. Five of the residential lots are designed as panhandle lots. A proposed 60-foot wide public cul- de-sac street, which begins on Aviara Parkway across ffom the eastern terminus of Camino De Las Ondas, provides access to the lots. The street is L-shaped and runs parallel to the east of Aviara Parkway and north of Poinsettia Lane and terminates in a cul-de-sac just short of the SDG&E easement. This street was designed to not continue through to the east, as it would have crossed a habitat corridor. The curb-to-curb width has been increased to 40 feet and fire sprinkler systems will be installed in the homes. Lots front on both sides of the proposed street. A public trail (segment number 30 of the Open Space and Conservation Resource Management plan) is proposed within the SDG&E easement as part of the citywide trail system. At this point there are no building plans proposed for the subdivision. The Q-Overlay requires the approval of a Site Development Plan by the Planning Commission prior to building permit issuance. The project’s tentative map includes panhandle lots, which must be acted upon by the City Council. Since the map is to be heard by the City Council, the Coastal Development Permit and Hillside Development Permit must also be heard by the City Council. The zone change and Local Coastal Program Amendment are both acted upon by the City Council. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. Residential Low-Medium Density (RLM) General Plan Land Use Designation; B. R-1-7,500, Qualified Development Overlay Zone (R-1-7,500-Q) Zone Regulation; C. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); ZC 00-06/LCPA 00-08KT 00-19KDP 00-53/HDP 00-10 - CARLSBAD PROMENADE January 16,2002 Page 3 D. Zone 20 Specific Plan (SP 203); E. Mello I1 Segment of the Local Coastal Program, the Coastal Agriculture Overlay Zone, F. Hillside Development Regulations (Carlsbad Municipal Code Chapter 21.95); G. Inclusionary Housing Ordinance (Carlsbad Municipal Code Chapter 21.85); H. Draft Habitat Management Plan; and and the Coastal Resource Protection Overlay Zone; I. Growth Management Regulations (Local Facilities Management Zone 20). The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The General Plan and Local Coastal Program designation for the project site is Residential Low- Medium (RLM). The surrounding properties in Zone 20 are General Plan designated RLM. This designation allows single-family residential development at a range of 0-4 dwelling units per acre (ddac). The RLM range has a Growth Control Point of 3.2 ddac. The density of the proposed single-family subdivision is 1.6 ddac. The project complies with all elements of the General Plan as illustrated in Table A below: Housing Conservation Noise lble A - GENERAL P: USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Site is designated for Residential Low- Medium at 3.2 ddac. Provision of affordable housing Utilize Best Manage- ment Practices for control of storm water and to protect water quality Residential exterior noise standard of 60 CNEL and interior noise standard of 45 CNEL AN COMPLIANCE PROPOSED USES & IMPROVEMENTS COMPLY? 33 single-family lots at 1.6 ddac Yes 6 housing credits to be Yes purchased from Villa Loma project Project will conform to Yes all NF’DES requirements Project site is not noise generating sources impacted by potential Yes such as Poinsettia Ln. or Palomar Airport ZC 00-06LCPA 00-08/CT 00-19/CDP 00-53/HDP 00-10 - CARLSBAD PROMENADE January 16,2002 ELEMENT Circulation Table A - GENERAL USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Require new development to construct roadway improvements needed to serve proposed development LAN COMPLIANCE PROPOSED USES & IMPROVEMENTS Project will construct public streets consisting of a single cul-de-sac Parkway opposite accessing Aviara existing Camino de Las Ondas, and frontage improvements to both sides of Poinsettia Lane through the property. COMPLY? Yes B. R-1-7,500-Q Regulation The project site, part of a County island annexed in 1987, is currently zoned Limited Control (L-C). The L-C zone designation is given to annexed properties and is an interim zone for areas where planning for future land uses has not been completed nor have plans of development been formalized. Proposed is a zone change from R-1-10-Q L-C to R-1-7,500-Q. This will result in the zoning for the site being consistent with the General Plan Land Use designations of RLM. The proposed zone is also compatible with the existing adjacent residentially zoned properties and probable future residential zones of the adjacent L-C zoned properties. The proposed subdivision meets the R-1 development standards for lot size and lot width. The minimum lot size permitted is 7,500 square feet where the minimum proposed is 8,000 square feet. The minimum lot width allowed, and proposed, is 60 feet. The five panhandle lots meet the 8,000 square foot buildable lot area and 60-foot lot width. The project site will be designated with a Qualified Development Overlay and will be subject to the regulations of Chapter 21.06, Qualified Development Overlay Zone, of the Zoning Ordinance. While there are no specific development standards contained in the Q-Overlay, there is a requirement for apptoval of a Site Development Plan prior to issuance of building permits. By processing this Site Development Plan, the applicant is complying with the provisions of the Q-Overlay. C. Subdivision Ordinance The Engineering Department has reviewed the proposed project and has concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. All major subdivision design criteria have been complied with including the minimum lot depth of 90 feet, provision of public access, required street frontage, and minimum lot area. ZC 00-06iLCPA 00-08iCT 00-19iCDP 00-53kIDP 00-10 - CARLSBAD PROMENADE Januarv 16,2002 The grading for the project shows a balanced grading operation with no export of material. The developer will be required to offer various dedications (e.g., drainage easements, street right-of- way) and will be required to install street and utility improvements, including but not limited to, a traffic signal at Camino de Las Ondas, curbs, gutters, sidewalks, sewer facilities, drainage facilities, fire hydrants, and street lights. Consistent with National Pollutant Discharge Elimination System (NPDES) requirements, a detention basin is proposed to attenuate runoff and improve water quality. D. Zone 20 Specific Plan (SP 203) The project is within an area subject to the Zone 20 Specific Plan. The Zone 20 Specific Plan provides a framework for the development of the vacant properties within Zone 20 to ensure the logical and efficient provision of public facilities and community amenities for the future residents of Zone 20. The project complies with the following requirements of the Specific Plan as demonstrated in Table B below. E. Local Coastal Program The project site is located within Site I11 of the Mello I1 Segment of the Local Coastal Program. Development of the project site is also subject to, and consistent with, the requirements of the Coastal Agriculture Overlay Zone and the Coastal Resource Protection Overlay Zone. Approval of a Coastal Development Permit is required for the project. One of the primary requirements of the applicable coastal regulations pertains to the conversion of agricultural land to urban use. The project has been conditioned to ensure the payment of an agricultural conversion mitigation fee, which will mitigate the loss of agricultural resources by preserving or enhancing other important coastal resources. The winter grading restrictions that apply in the coastal zone are proposed as conditions of the Coastal Development Permit. The project site does have sensitive coastal resources in the form of slopes over 25% and native vegetation, including Diegan Coastal Sage scrub, Southern Maritime Chaparral, and Southern Willow scrub, which are not being disturbed by the project. The proposed fire suppression zones do not impact native habitats as well. The project site is located 1.5 miles from the coastline and does not impact shoreline ZC 00-06LCPA 00-08/CT 00-19/CDP 00-53/HDP 00-10 - CARLSBAD PROMENADE January 16,2002 Page 6 access, recreational opportunities, scenic or visual resources. All undeveloped slopes and open space areas will be placed in open space easements as a condition of approval. The Local Coastal Program Amendment (LCPA) is required to implement the proposed zone change fiom L-C to R-1-7,500-Q. The LCPA will result in the zoning and coastal land use designations for the site to be consistent and provide consistency with the LCP land use designation of Residential Low-Medium (0-4 dwelling units per acre). No comments were received during the required six-week LCPA public notice. F. Hillside Development Regulations The project site contains slopes over 15% and slope elevation differences greater than 15 feet. With the exception of a small area in the eastern portion of the site, the slopes are located in the proposed open space areas or remnant parcels and are to remain natural or revegetated. The portion of the site to be developed is predominantly flat. The one slope area that will be developed is an average of 20 feet tall with the highest point being 25 feet. The slope runs into the previously graded slopes for Poinsettia Lane. Although the slope area is greater than 10,000 square feet in area, it is not a significant or prominent landform feature and is therefore considered developable per section 21.95.120B)(l)(d) of the Hillside development Regulations. The slope is covered with non-native grassland and does not contain any significant or sensitive vegetation. The areas on both sides of the slope have been disturbed by roadway construction and agricultural practices. The project complies with the development regulations in that the volume of grading is 4,035 cubic yards per acre, which is within the acceptable range of zero to 7,999 cubic yards per acre. None of the manufactured slopes exceed the 40-foot maximum and the slopes adjacent to Aviara Parkway and Poinsettia Lane will be contour graded where new slopes are being created. The existing slopes along the roadway are 2:l. All new manufactured slopes are to be landscaped. Since no structures are proposed, the review of hillside and hilltop architecture cannot be addressed at this time. G. Inclusionary Housing Ordinance The City’s Inclusionary Housing Ordinance (Chapter 21.85) requires that a minimum of 15% of all approved units in any qualified residential subdivision be made affordable to lower income households. The inclusionary housing requirement for this project would be 6 dwelling units. The applicant is requesting to purchase 6 affordable housing credits in the Villa Loma housing project to satisfy the project’s affordable housing requirements. The City’s Housing Committee has approved the request to purchase the affordable housing credits. H. Draft Habitat Management Plan The project site is within Linkage Area F between Cores 4 (Macario Canyon) and 8 (Batiquitos Lagoon). This linkage is a stepping-stone linkage through west-central Carlsbad containing fragmented patches of coastal sage scrub, grassland, and chaparral, but also a significant amount of existing development. ZC 00-06iLCPA 00-08KT 00-19KDP 00-53/HDP 00-10 - CARLSBAD PROMENADE January 16,2002 Page 7 The project is also defined as being a standards area within the Zone 20 Local Management Facilities Zone. The proposal complies with the goal of preserving the majority of the sensitive habitats on site with no loss of Diegan Coastal Sage scrub (7.58 acres), Southern Maritime Chaparral (1.54 acres), or Southern Willow scrub (.67 acres). A total of 15.9 acres of the 30.9- acre site will be in open space. These open space areas are also contiguous with open space on adjacent properties such as Roesch to the northeast and Aviara to the south. The project also proposes to revegetate .77 acres of land south of Poinsettia Lane with Coastal Sage scrub to enhance the habitat linkage. With the exception of the existing Poinsettia Lane, the project provides continuous habitat connectivity within the linkage. The open space area located south of the project site connects to the open space of Aviara and the SDG&E transmission corridor. The open space to the north connects with the canyon, native slope vegetation, and SDG&E transmission corridor that lead to the Encinas Creek. Please refer to the attached Exhibit “CT 00- 19, Parcels Link F” that shows the property’s relationship to Linkage F. The project provides a 150-foot wide corridor from south to north, which is coincident with the SDG&E transmission easement. The project was designed to preclude the onsite circulation from continuing across the corridor to create an interconnected circulation system that is preferred over cul-de-sacs. I. Growth Management The proposed project is located within Local Facilities Management Zone 20 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table C below. Table C: GROWTH MANAGEMENT COMPLIANCE The proposed project is 26 units below the Growth Management dwelling unit allowance. ZC 00-06LCPA 00-08/CT 00-19KDP 00-53mP 00-10 - CARLSBAD PROMENADE January 16,2002 Page 8 V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared an initial study for the project and concluded that no potentially significant impacts would result with the implementation of the project. The project is within the scope of the City’s Master Environmental Impact Report (MEIR) which was utilized to address the project’s cumulative air quality and circulation impacts. An MEIR may not be used to review projects if it was certified more than five years prior to the filing of an application for a later project. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than five years ago, the City’s preliminary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. The only potential changed circumstance, the intersection failure at Palomar Airport Rd. and El Camino Real has been mitigated to below a level of significance with new roadway improvements. Additionally, there is no new available information, which was not known and could not have been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. In consideration of the foregoing, on November 2, 2001 the Planning Director issued a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for the proposed project. The one mitigation measure is for paleontological monitoring during grading operations. Subsequent to the issuance of the Mitigated Negative Declaration and mitigation monitoring and reporting program, it was determined that a new mitigation measure addressing continued ownership and maintenance of the open space should be added to the mitigation monitoring and reporting program. This addendum does not require the Mitigated Negative Declaration and mitigation monitoring and reporting program to be recirculated for public review because it does not constitute a substantial revision according to California Environmental Quality Act Guideline 15073.5. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Planning Commission Resolution No. 5134 (Neg. Dec.) Planning Commission Resolution No. 5135 (ZC) Planning Commission Resolution No. 5136 (LCPA) Planning Commission Resolution No. 5137 (CT) Planning Commission Resolution No. 5138 (CDP) Planning Commission Resolution No. 5139 (HDP) Location Map Background Data Sheet Local Facilities Impacts Assessment Form Disclosure Statement Exhibit CT 00-19, Parcels Link F Exhibits “A” - ‘X“, dated January 16,2002 BACKGROUND DATA SHEET CASE NO: ZC 00-06/ LCPA 00-08/ CT 00-191 HDP 00-10/ CDP 00-53 CASE NAME: CARLSBAD PROMENADE APPLICANT: CARLSBAD PROMENADE PARTNERS LLC REQUEST AND LOCATION: Zone Change and subdivision of 30.9 acres into 33 residential lots and 5 open space lots on property located on the northeast comer of Poinsettia Ln and Aviara Parkwav. LEGAL DESCRIPTION: The northwest quarter of the southwest quarter of the southwest quarter together with the south half of the southwest quarter of the southwest quarter both of Section 22, Township 12 south, Range 4 west, San Bemardino Meridian, in the Countv of San Diego. State of California. according to the official plat thereof, together with Lot 1 of Carlsbad Tract No. 91-12, Mariners Point Unit 1, in the Citv of Carlsbad, Countv of San Diego, State of California. according to map thereof no. 13394, filed in the ofice of the Countv recorder of San Diego County, California on Januarv 24.1997 APN: 214-550-01/215-070-13 and 26 Acres: 30.9 Proposed No. of Lotsmnits: 38 Lots/33 Units GENERAL PLAN AND ZONING Land Use Designation: Residential Low-Medium Density Allowed: 3.2 Density Proposed: 1.6 Existing Zone: Limited Control Proposed Zone: R-1-7.500- 0 Surrounding Zoning, General Plan and Land Use: Zonina General Plan Current Land Use Site Limited Control (L-C) RLM Vacant North 0-SR-1-7.500-0 RLM Open SpaceNacant . South Planned Community RLM Residential East (L-C) RLM Vacant West R-1-10-Q RLM Residential PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 33 ENVIRONMENTAL IMPACT ASSESSMENT [XI Negative Declaration, issued November 2.2001 Certified Environmental Impact Report, dated CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: CARLSBAD PROMENADE ZC 00-06LCPA 00-08/ CT 00-191 HDP 00-10/ CDP 00-53 LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RLM ZONING: Limited Control DEVELOPER'S NAME: Carlsbad Promenade Partners LLC ADDRESS: 4275 Executive Square. Suite 240, La Jolla, CA 92037 PHONE NO.: 858-625-3119 ASSESSOR'S PARCEL NO.: 214-550-01/215-070-13 and 26 QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 30.9 ESTIMATED COMPLETION DATE: unknown A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = 114.7 Library: Demand in Square Footage = 61.3 Wastewater Treatment Capacity 33 EDU Park: Demand in Acreage = .23 Drainage: Identify Drainage Basin = Basin D Circulation: Demand in ADT = 330 Fire: Served by Fire Station No. = 4 Open Space: Acreage Provided = 15.9 Schools: Carlsbad 9 Elementary 3 Junior 5 High School Sewer: Demands in EDU 33 Water: Demand in GPD = 7,260 The project is 26 units below the Growth Management Dwelling unit allowance. DISCLOSURE STATEMENT ~~ Applicant's statement or disclosure of certain ownership interests on all applications which will requlrr' discretionary action on the part of the Cie Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. )'our prqiect cannot be reviewed until this information is completed. Please print. ~~~~ ~ ~ ~~~ Note: organization, corporation_ estate, must, receiver, syndicate, in this and any other county, city and county. cip Person is defined as "Any individual, fm, co-parmmhip, joint venture, association. social club, fraternal municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. I. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a comoration or oartnership. 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- APPLlCABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned comoration. include the, names. titles. and addresses of the corporate offkers. (A separate page may be attached if necessary.) Person Corp/Pan %e &ud ShQet Title Title Address Address 7 -. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of & persons having any ownership interest in the property involved. Also. provide the nature of the legal ownership (i.e, partnership. tenants in common. non-profit. corporation. etc.). If the ownership includes a corooration or oartnershia. 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 corooration. include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessarv.) Person CorplPart Title Title Address Address &- a- ku ~Aecf . 2075 Las Palrnas Dr. - Carlsbad. CA 92009-1576 - (760) 438-1161 - FAX (760) 438-0894 7b @ . TOTALS .. .. . 77 CARLSBAD PROMENADE PARTNERS, LLC, A Delaware limited liability company By: KREG-OC, L.P., a California limited partnership, Its managing member By: KOLL DEVELOPMENT OPERATING CO., LLC A Delaware limited liability company, its general partner By: KOLL DEVELOPMENT COMPANY, LLC, A Delaware limited liability company, Its sole member By: e<TL Anthony C. Badeiux Its: Vice President EXKlBlT "CT 00-19. PARCELS LINK F" Planning Commission Minutes January 16,2002 DRAFT EwT 7. ZC 00-061LCPA 00-08/CT 00-19ICDP 00-53/HDP 00-10 - CARLSBAD PROMENADE - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and recommendation of approval of a Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Coastal Development Permit, and Hillside Development Permit to change the land use designations from R-1-10-Q and Limited Control (L-C) to One-family Residential, 7,500 square foot minimum lot size, Qualified 33 residential lots and 5 open space lots located on the northeast corner of Poinsettia Lane and Development Overlay Zone (R-1-7,500 - Q) and for the subdivision and grading of 30.9 acres into Aviara Parkway in Local Facilities Management Zone 20. Associate Planner, assisted by Bob Wojcik, Deputy City Engineer. Mr. Wayne introduced the next agenda item stating that the presentation would be made by Van Lynch, change the zoning and Local Coastal Program land use designation from R-1-10-Q and Limited Control to Mr. Lynch stated that the proposed project is a Zone Change and Local Coastal Program Amendment to Residential - Single Family. The 30.9 acre project site is located on the northeast corner of Poinsettia Lane and Aviara Parkway and a Tentative Tract Map, Coastal Development Permit, and Hillside Development Permit are required to subdivide and grade the land. 15.9 acres of the 30.9-acre site are proposed as open space and contain sensitive coastal resources and native vegetation which are not being disturbed by the project. Mr. Lynch stated that the applicant proposes to subdivide the parcel into 33 residential lots and five open space lots and pointed out the layout of the lots and open space on a map. Five of the residential lots are designed as panhandle lots, which must be acted upon by the City Council. A proposed 60-foot wide public cul-de-sac street, which begins on Aviara Parkway across from the eastern terminus of Camino De Las Ondas, provides access to the lots. He said the street is L-shaped and runs parallel to the east of Aviara Parkway and north of Poinsettia Lane and terminates in a cul-de-sac. The street was designed as a cul-de-sac to avoid crossing a habitat corridor. The curb-to-curb width has been increased to 40 feet and fire sprinklers will be installed in the homes. The lots front on both sides of the proposed street. Mr. Lynch stated the Residential Low-Medium range has a Growth Control Point of 3.2 dwelling units per acre and the proposed project is 1.6 dwelling units per acre. The subdivision also meets the R-1 development standards for lot size and lot width. The minimum lot size permitted is 7,500 square feet and the minimum proposed lot size is 8,000 square feet. The minimum lot width allowed, and proposed, is 60 feet. He said the five panhandle lots meet the 8,000 square foot buildable lot area and 60-foot lot width. The Engineering Department has reviewed the proposed project and concluded that it complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. He said the project also complies with all elements of the General Plan. Applicant, Mr. J. R. Pearce. 4343 Von Karman Avenue, Newport Beach, stated that they have been working on the project for four years, Initially, it was proposed to be a commercial development, but it was changed to residential due to significant opposition. Afler changing it to residential they planned to have 53 units, and have since reduced it to 33 units. He stated that half of the site is remaining as open space. He felt they made significant concessions and compromises to alleviate opposition on this project and asked the Commission for their approval. Alan Rock, 661 1 Daylily Drive, Carlsbad, stated he lives at Cherry Walk and the residents are glad it is no streets were going to be public or private and if the wall by their development would be extended. longer a commercial development and that the number of units were reduced. He wanted to know if the Paul Klukas of Planning Systems, 1530 Faraday Avenue, Carlsbad, commented on the project from a planning perspective stating that it meets all requirements and it is well designed. were no plans to extend the wall. Mr. Lynch responded to Mr. Rock's questions stating that the streets would be public streets and there Commissioner Segall voiced concern over the panhandle lots, in particular Lot 24, and thought the surrounding homeowners would feel too crowded. Planning Commission Minutes January 16.2002 Page 4 Mr. Lynch replied that the panhandle lots meet the lot size and setback requirements and some people prefer those types of lots so they don’t have the street traffic. Commissioner Segall asked if any improvements would be made to Aviara. Mr. Wojcik responded that curb, gutter, and sidewalk would be added. Commissioner Compas stated he does not like panhandle lots and thought there were too many in this project. He wanted to know if there were other options, such as dropping a lot or putting in a cul-de-sac. Mr. Lynch replied that it would be possible to drop a lot and absorb it into the surrounding properties, a redesign to make sure all engineering requirements were met. however, the developer had already reduced the lots from 53 to 33. Putting in a cul-de-sac would require Commissioner Dominguez commented that he lives on a panhandle lot and loves it and he was okay with the project and the panhandle lots. Commissioner Heineman asked if the panhandles would be shared by the homeowners. Mr. Lynch replied that they would share them to get to their homes, rather than having separate driveways. Commissioner Baker also expressed concern over the panhandle lots Commissioner Segall stated there appears to be a buffer on Poinsettia Lane and Aviara Parkway in the drawing and asked how large it would be. He also wanted to know if the slopes are part of the lots and what the elevation of the site is from the streets. feet on Aviara Parkway. He stated that the slopes are part of the lots, but the fencing would not go down Mr. Lynch replied that there is a buffer of 50 feet on Poinsettia Lane since that is a major arterial and 50 the slope. The slopes would be maintained through a homeowners association. He said the project is located high above the streets with an elevation of 20 feet above the roadways. MOTION ACTION: Motion by Commissioner Baker and duly seconded that the Planning Commission adopt Planning Commission Resolutions No. 5134, 5135, 5136, 5137, 5138, and 5139 recommending adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum and recommending approval of a Zone Change (ZC 00-06), Local Coastal Program Amendment (LCPA 00-08). Tentative Tract Map (CT 00-19), Coastal Development Permit (CDP 00-53). and the conditions contained therein. Hillside Development Permit (HDP 00-10) based on the findings and subject to DISCUSSION Commissioner Segall stated he was concerned with Lot 24 because he thought it was too dense and compacted and would be interested in dropping that lot. He said he wasn’t in favor of putting another CUI- de-sac in because he didn’t have a problem with any of the other lots. Commissioner Nielsen stated he agreed with the rest of the Commissioners regarding the panhandle lots and felt Lot 24 was also a burden. However, he was concerned with rejecting the project at this time due to all the work the developers had gone through and they did a good job to get to this point. He added that maybe Staff could make some recommendations on how to approach the panhandle lots and not reject the project at this point. Commissioner Segall asked if it would be appropriate to look at it again in the future when they came back with a Site Development Plan so they could see where the houses would actually be and take action at that point. Commissioner Compas said that once the lot is there, they cannot change it. Chairperson Trigas said when the Commission sees the actual site elevation and how the houses are situated they could give their comments. She said the applicant clearly knows their concerns and there would be major questions if they felt that they were too dense and a had a lack of privacy. She stated she Planning Commission Minutes January 16,2002 Page 5 understood the Commissioners concerns, but also knew the developer had already made substantial compromises and worked with the City and others on the project. Commissioner Baker said she felt strongly that if the Commission has a problem with Lot 24 it should be dropped this evening and not expect it to go forward and then say it's too dense when the Site Development Plan comes before them. She said the applicant has gone through a lot of trouble and effort but it's the Commission's job to deal with it now if they are uncomfortable with it. Commissioner Nielsen asked Staff if it could be continued for a month or two to see if it could be addressed, because if it is rejected, the applicant couldn't come back for a period of time. Ms. Mobaldi replied that the Commission's action is only a recommendation to the Council. allows them to redesign and submit within a year. He said the Commission has the following options: Mr. Wayne added that the Commission could ultimately recommend denial without prejudice and that accept the project as is, redesign it with a cul-de-sac, or drop a lot. If it is their opinion as a group to redesign it with a cul-de-sac, Staff would recommend it be continued in order to work with the applicant to see if the engineering works, and to see whether or not once all the redesign to put in a cul-de-sac is done the subdivision still works the same with drainage, etc. If they drop a lot, he said he thinks Mr. Lynch was accurate in saying the land area in Lot 24 could be divided up among the other lots without a lot of problems and the subdivision could function as it was originally subdivided. Ms. Mobaldi said that would require withdrawing the motion and a second. Commissioner Dominguez wanted clarification as to what the applicant's options are as far as appealing to the City Council and what the Commission's options are during the site development process as far as lot coverage. He asked if they could restrict the lot coverage to less than 40 percent. Mr. Wojcik stated another option would be to require additional setbacks on Lot 24 to make sure that the home is separated enough from the other homes. there be a mixture of single stories in that area to avoid a large mass adjacent to a large mass. Mr. Wayne added that another option would be to require that the house on Lot 24 be a single story or that Chairperson Trigas asked the applicant for his input regarding these concerns Mr. Pearce stated he appreciated their concerns with wanting to have continuity in the project. He said they have worked very hard for the past four years to get the project where it is. He has a number Of investors looking to him to get the project done and because they are in their fourth year their patience is wearing thin. He said he would be comfortable with dropping Lot 24 and absorbing it with the others in hopes of getting approval tonight. Although it's not what they wanted to do, they would like to get approval will have lost 21 lots out of 53, which is quite significant. They have also dropped half the acreage of the so they could go to the next step. He said they started out with 53 lots and with losing this one, they now site to address everyone's concerns. Commissioner Compas asked if that would decrease the panhandle lots from five to four. Mr. Pearce said there would only be four if Lot 24 is dropped. Approval to require greater setbacks on Lot 24 as another option. They could withdraw the pending Ms. Mobaldi added that she agreed with Mr. Wojcik that they could add a condition to the Tentative Map motion, consider whether or not they want to do this or any of the other alternatives, and go back to the main motion. Commissioner Baker asked Mr. Pearce which option would be better from a financial aspect - to put a lot of conditions on the lot, or to drop it and absorb it into the others where they could possibly recoup some of the cost with the larger lots. Mr. Pearce responded that it depends on what the market will bear and what the homeowner is looking for. He thought the better choice economically would be to drop and absorb it into the other lots and charge more to the homeowners who will build a bigger house or have a premium lot because of the larger Planning Commission Minutes January 16,2002 Page 6 lot. He said it may be difficult for a single story because there are no other single story houses in the project. He said setbacks would be a better choice than single story, however, then they would end up with a tall narrow house. Commissioner Segall asked him to explain “drop and absorb”. Mr. Pearce said Lot 24 would be dropped and the lots surrounding it would be made larger. Commissioner Segall asked Staff if it would have to come back to the Commission or if the Planning Director would approve it. He also wanted to know if they would show the lot dropped when going to the City Council. Mr. Wayne said the Commission’s action is advisory and they would be recommending the City Council approve the subdivision with one less lot. He said they would work with the applicant to have exhibits for the Council showing the lot dropped. AMENDMENT TO MOTION ACTION: Motion by Commissioner Baker and duly seconded that the Planning Commission amend the motion made and seconded to reflect the Commission’s desire to drop Lot 24 and approve a 32-unit subdivision as opposed to 33, with the understanding that the land from Lot 24 is absorbed by the other lots VOTE: 7-0-0 AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez, Heineman. Nielsen, and Segall ABSTAIN: NOES: None None VOTE ON ORIGINAL MOTION WITH AMENDMENT ATTACHED VOTE: AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen. and Segall 7-0-0 ABSTAIN: NOES: None None Chairperson Trigas thanked the applicant for his cooperation. Commissioner Segall asked if the applicant has an opportunity to request that Lot 24 be put back in when it goes to the Council. Mr. Wayne replied that he would have that opportunity and it would be no different than appealing the Commission’s action. NOTICE OF PUBLIC HEARING DESCRIPTION: Request for a adoption of a Mitigated Negative Dectaration and Mitigation Monitoring and Reporting Program and Addendum, and approval of a Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Coastal Development Permit, and Hillside Development Permit to change the land use.designations from R-1-1042 and Limited Control (L-C) to One-family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1-7500 - Q) and for the subdivision and grading of 30.9 acres into 33 residential lots and 5 open space lots. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located on the northeast corner of Poinsettia Lane and Aviara Parkway in Local Facilities Management Zone 20. ASSESSOR’S PARCEL NUMBER: 214-550-01 APPLICANT: Carlsbad Promenade Partners, LLC c/o Koll Development Co., LLC 4275 Executive Square, Suite 240 La Jolla, CA 92037 A public hearing on the above proposed project will be held by the City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on February 19, 2002 at 6:OO p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after February 15, 2002. If you have any questions, or would like to be notified of the decision, please contact Van Lynch at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 530 p.m., Friday 8:OO a.m. to 5:OO p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602- 4613. ... ... ... ... APPEALS The time within which you may judicially challenge this Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Coastal Development Permit, and Hillside Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Coastal Development Permit, and Hillside Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (IO) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: c] This site is located within the Coastal Zone Appealable Area. This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (IO) working days after the Coastal Commission has received a Commission of the date that their appeal period will conclude. The San Diego office of the Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 921084402, CASE FILE: ZC 00-06/LCPA 00-08/CT 00-19/CDP 00-53/HDP 00-10 CASE NAME: CARLSBAD PROMENADE PUBLISH: SATURDAY, FEBRUARY 9, 2002 CARLSBAD PROMENADE ZC 00-06/LCPA 00-08/CT 00-1 9/ CDP 00-53/HDP 00-1 0 NOTICE OF PUBLIC HEARING DESCRIPTION: Request for a adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and approval of a Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Coastal Development Permit, and Hillside Development Permit to change the land use designations from R-1-10-Q and Limited Control (L-C) to One-family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1-7,500 - Q) and for the subdivision and grading of 30.9 acres into 33 residential lots and 5 open space lots. LOCATION: This project is within the City of Carlsbad's Coastal Zone located on the northeast corner of Poinsettia Lane and Aviara Parkway in Local Facilities Management Zone 20. ASSESSORS PARCEL NUMBER: 214-550-01 APPLICANT: Carlsbad Promenade Partners, LLC c/o Koll Development Co., LLC 4275 Executive Square, Suite 240 La Jolla, CA 92037 A public hearing on the above proposed project will be held by the City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on' February 19, 2002 at 6:OO p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after February 15, 2002. at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 530 p.m., If you have any questions, or would like to be notified of the decision, please contact Van Lynch 4613. Friday 8:OO a.m. to 500 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602- ... ... ... APPEALS The time within which you may judicially challenge this Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Coastal Development Permit, and Hillside Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Coastal Development Permit, and Hillside Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (IO) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: This site is located within the Coastal Zone Appealable Area. This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be tiled with the Coastal Commission within ten (IO) working days after the Coastal Commission has received a Commission of the date that their appeal period will conclude. The San Diego office of the Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CASE FILE: ZC 00-06/LCPA 00-08/CT 00-19/CDP 00-53/HDP 00-10 CASE NAME: CARLSBAD PROMENADE PUBLISH: SATURDAY, FEBRUARY 9, 2002 CARLSBAD PROMENADE ZC OO-O6/LCPA 00-08/CT 00-1 9/ CDP 00-531HDP 00-1 0 Smooth Feed SheetsTM Use template for 516@ CARLSBAD UNlF SCHOOL DlST 801 PINE AVE CARLSBAD CA 92008 CITY OF VISTA PO BOX 1988 VISTA CA 92085 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SERVICES CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 AIR POLLUTION CNTRL DlST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT CITY OF CARLSBAD CITY OF CARLSBAD MUNICIPAL WATER DISTRICT PROJECT PLANNER VAN LYNCH 01/24/2002 aAVERYa Address Labels CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 Laser 5160@ CALTRANS DISTRICT 11 BILL FIGGE MAIL ST 50 P 0 BOX 85406 SAN DIEGO CA 92186-5406 FEDERAL AVIATION ADMIN WESTERN REG PO BOX 92007 LOSANGELES CA 90009 BARRY BRAYER, AWP-8 REG WATER QUALITY CONTROL BD STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 BUREAU OF INDIAN AFFAIRS RONALD M JAEGER 2800 COTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANSPORTATION & HSG AGENCY CHANNEL ISLANDS NATIONAL PARK PATRICIA W NEAL DEPUTY SEC HOUSING SUPERINTENDENT STE 2450 1901 SPINNAKER DR 980 NINTH ST SAN BUENA VENTURA CA 93001 SACRAMENTO CA 95814 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 DEPARTMENT OF AGRICULTURE GARY RESOURCE CONSER STE 102 DAVIS CA 95616 2121-C SECOND ST COUNCIL ON ENVIRONMENTAL QUALITY CHAIRMAN 722 JACKSON PL NW WASHINGTON DC 20006 DEPARTMENTOFDEFENSE LOS ANGELES DlST ENGINEER ~~ ~ PO BOX 271 1 LOSANGELES CA 90053 DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIR STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPARTMENT OF ENERGY STE 400 61 1 RYAN PLAZA DR ARLINGTON TX 7601 1-4005 DEPARTMENT OF FISH & GAME ENVIRONMENTAL SERVICES DIV P 0 BOX 944246 SACRAMENTO CA 94244-2460 DEPARTMENT OF FOOD &AGRICULTURE DEPARTMENT OF FORESTRY STEVE SHAFFER, AGRICULTURE RESOURCES DOUG WICKIZER. ENVIR COORD RM 100 P 0 BOX 944246 1220 N ST SACRAMENTO CA 94244-2460 SACRAMENTO CA 95814 DEPARTMENT OF HOUSING & URBAN DEVE DUNCAN LENT HOWARD, REG ADMIN 450 GOLDEN GATE AV SAN FRANCISCO CA 94102 DEPARTMENT OF TRANSPORTATION RM 5504 1120 N ST SACRAMENTO CA 95814 DEPARTMENT OF JUSTICE DEPUTY ATTORNEY GENERAL RM 700 110 WEST A ST SAN DIEGO CA 92101 ENERGY RESOURCES, CONSERVATION & DEVELOPMENT COMM CHUCK NAJARIAN SACRAMENTO CA 95814 1516 NINTH ST . MARINE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES, SPR 350 GOLDEN SHORE LONG BEACH CA 90802 NATIONAL OCEANIC 8 ATMOSPHERIC ADMIN OCRM,55MC4 NIORM - 3 1305 EAST-WEST HWY SILVER SPRING MD 20910 OFFICE OF PLANNING & RESEARCH OFFICE OF LOCAL GOVERNMENT AFFAIRS PO BOX 3044 SACRAMENTO CA 93044 SAN FRANCISCO BAY CONSERVATION 8 DEVMT COMMISSION BILL TRAVIS STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941 11-4704 STATE LANDS COMMISSION DWIGHT SANDERS STE 1005 100 HOWE AV SACRAMENTO CA 95825-8202 U S BUREAU OF LAND MGMT STE RM W1834 2800 COTTAGE WAY SACRAMENTO CA 95825 U S BUREAU OF RECLAMATION 2800 COTAGE WAY MID-PACIFIC REGION SACRAMENTO CA 95825 U S FISH &WILDLIFE SERVICE STE W-2605 ~~~~~ ~ 2800 COTAGE WAY SACRAMENTO CA 95825-1888 ' U S ARMY CORPS OF ENGINEERS LILY ALYEA STE 702 333 MARKET ST SAN FRANCISCO CA 94105-2197 WATER RESOURCES CONTROL BD SACRAMENTO CA 95801 PO BOX 100 SANDAG-LAND USE COMMISS NAN VALERIO STE 800 401 "B STREET SAN DIEGO CA 92101 USDA - RURAL DEVELOPMENT DEPT 4169 430 "G" ST DAVIS CA 95616 CALIFORNIA RESOURCES AGENCIES STE 131 1 1416 9TH ST SACRAMENTO CA 95814 CARLSBAD CHAMBER OF COMMERCE JAN SOBEL 5620 PASEO DEL NORTE CARLSBAD CA 92008 STE 100 CITY OF ENClNlTAS COM DEV DEPT 505 S VULCAN AV ENClNlTAS CA 92024 SANDAG-EXEC DIRECTOR STE 800 KENNETH E SULZER 1 ST INT'L PLAZA 401 "B ST SAN DIEGO CA 92101 LESLIE ESPOSITO 1893 AMELFI DR ENClNlTAS CA 92024 ANTHONY & DICKY BONS 25709 HILLCREST AV ESCONDIDO CA 92026-8650 U S FISH &WILDLIFE SERVICE JOHN MARTIN 2730 LOKER AV WEST CARLSBAD CA 92008 TABATA FARMS PO BOX 1338 CARLSBAD CA 92018-1338 SIERRA CLUB S D CHAPTER CRAIG ADAMS 3820 RAY SAN DIEGO CA 92101 CYRIUMARY GIBSON LOS ALAMITOS CA 90702 12142 ARGYLE DR ' LAKESHORE GARDENS 7201 AVENIDA ENCINAS BILL McLEAN CARLSBAD CA 92009 JOHN LAMB 1446 DEVLIN DR LOSANGELES CA 90069 SAN DIEGO GAS & ELECTRIC KIM BLESSANT 101 ASH STREET SAN DIEGO CA 92101- COUNTY OF SD SUPERVISOR BILL HORN ART DANELL RM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 S D CO PLANNING & LAND USE DEPT JAON VOKAC 5201 RUFFIN ROAD SAN DIEGO CA 92123 STE 8-5 LANlKAl LANE PARK SHARP SPACE 3 6550 PONTO DRIVE CARLSBAD CA 92008 STATE LANDS COMMISSION MARY GRIGGS STE 100 S 100 HOWE AV SACRAMENTO CA 95825-8202 PERRY A LAMB 890 MERE POINT RD BRUNSWICK ME 04011 CRA PRESIDENT LEE ANDERSON 5200 EL CAMINO REAL CARLSBAD CA 92008 ’ COASTAL CONSERVANCY RICHARD RETECKI STE 1100 1330 BROADWAY OAKLAND CA 94612 DALElDONNA SCHREIBER 7163 ARGONAUTA WAY CARLSBAD CA 92009 FLOYD ASHBY 416 LA COSTA AV ENClNlTAS CA 92024 GEORGE BOLTON 6583 BLACKRAIL RD CARLSBAD CA 92009 Smooth Feed SheetsTM Use template fo: 516C'' . 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CARLSBAD CA 92009 1317 GULL CT laser 5160@ Smooth Feed SheetsTM Use template for 516P LAZARRE FAMILY TRUST 02-03-00 P 0 BOX 4272 DIAMOND EAR CA 91765 LEHY/NELSON FAMILY TRUST 08-02-99 6760 LEMON LEAF DR CARLSBAD CA 92009 LEIGH DOUGLAS MgARlANNE 0 P 0 BOX 130082 CARLSEAD CA 92013 LINDO FAMILY TRUST 05-13-92 6653 CURLEW TER CARLSBAD CA 92009 LIPSON ROBERT SBJOAN E 6650 CURLEW TER CARLSBAD CA 92009 MAERA DEBS A JRBJOY V 6726 CAMPHOR PL CARLSEAD CA 92008 MAREFAT MONIR 6647 DAYLILY DR CARLSEAD CA 92009 LUDDY ROBERT C JRBHOPE H 6618 VIREO CT CARLSEAD CA 92009 MARSHALL ROBERT LBSONIA D 1362 NIGHTSHADE RD CARLSEAD CA 92009 MATELING WALTER E JRBPAMEIA J CARLSEAD CA 92009 1358 NIGHTSHADE RD MCCLURKIN JAMES W SRBNANCY C 6625 CURLEW TER CARLSEAD CA 92009 MCMILLEN ROBERT J 6609 VIREO CT MEDLIN TIMOTHY H JRBKATHLEEN A 6660 CURLEW TER MICHAELS JOSEPH MBLESLIE A 6736 CAMPHOR PL CARLSEAD CA 92009 CARLSED CA 92009 CARLSEAD CA 92009 MICHAELS VINCENT PBSUSAN J 6732 CAMPHOR PL CARLSEAD CA 92008 MILLER 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CARLSBAD CA 92009 CARLSBAD CA 92009 RUDVALIS JOSEPH ABBARBARA G TRS SANANGELO JOSEPH V 6590 DAYLILY DR CARLSBAD CA 92009 SCHIEFERSTEIN EDWARD SBRONNI J 6670 CURLEW TER CARLSBAD CA 92009 SANSEVERINO FAMILY TRUST 03-29-01 1269 VERONICA CT CARLSBAD CA 92009 SCHWADERER THOMAS GBPAMEL4 D 6631 DAYLILY DR CARLSBAD CA 92009 SEASIDE ESTATES L LC C/O PHD HOMES INC 5255 15707 ROCKVIL IRVINU aAVERY@ Address Labels Laser 5160@ Smooth Feed SheetsTM Use template for 515:- RFRRA KEITH EBJEANNE M SHAHlDl FARIDEH CARLSBAD CA 92009 1763 ORIOLE CT SHARKAWY MAHMOUD E C/O PAT MOORE 3471 HIDDEN RIDGE RD JAMUL CA 91935 ". .. . ~ ~~ 6731 LEMON LEAF DR CARLSBAD CA 92009 SHOJA SHAHRAMUARIEH FARIBA SHARP GORDON OBPATRICIA M 6661 CURLEW TER SHAW BARBARA P 0 BOX 1664 SAN MATE0 CA 94401 6667 DAYLILY DR CARLSBAD CA 92009 . ~~ .~ CARLSBAD CA 92009 SIMMONS JOHNgANNE 6599 DAYLILY DR CARLSBAD CA 92009 STAFFORD JEFF LBGABRIELA 1370 NIGHTSHADE RD CARLSBAD CA 92009 STANDARD PACIFIC CORP 5750 FLEET ST #ZOO CARLSBAD CA 92008 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Use template for 516.:';' OCCUPANT 6619 CURLEW TR CARLSBAD CA 92009 OCCUPANT CARLSBAD CA 92009 6629 CURLEW TR Laser 5160@ NOTICE OF PUBLIC HEARING COMPLETE DATE: May 10,2001 DESCRIPTION: Request for a adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and approval of a Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Coastal Development Permit, and Hillside Development Permit to change the land use designations from R-1-10-Q and Limited Control (L-C) to One-family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1-7,500 - Q) and for the subdivision and grading of 30.9 acres into 33 residential lots and 5 open space lots. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located on the northeast corner of Poinsettia Lane and Aviara Parkway in Local Facilities Management Zone 20. ASSESSORS PARCEL NUMBER: 214-550-01 APPLICANT: Carlsbad Promenade Partners, LLC 4275 Executive Square, Suite 240 do Koll Development Co., LLC La Jolla. CA 92037 A public hearing on the above proposed project will be held by the City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on [DATE] at 6:OO p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after [DATE]. If you have any questions, or would like to be notified of the decision, please contact Van Lynch at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:OO a.m. to 5:OO p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602- 461 3. ... ... APPEALS The time within which you may judicially challenge this Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Coastal Development Permit, and Hillside Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Zone Change, Local Coastal Program Amendment, Tentative Tract Map, Coastal Development Permit, and Hillside Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. ADDealS to the Citv Council: Where the decision is appealable to the City Council, appeals must be tiled in writing within ten (IO) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: 0 This site is located within the Coastal Zone Appealable Area. This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be tiled with the Coastal Commission within ten (IO) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 921 08-4402. CASE FILE: ZC 00-06/LCPA 00-08/CT 00-19/CDP 00-53/HDP 00-1 0 CASE NAME: CARLSBAD PROMENADE PUBLISH: [DATE] CARLSBAD PROMENADE ZC OO-O6/LCPA 00-081CT 00-1 9/ CDP 00-53/HDP 00-1 0 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego This space is for the County Clerk's Filing Stamp /fh?fwd L?-/q42- I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Proof of Publication of Notice of Public Hearing Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers 1 adjudicated newspapers of general circt the Superior Court of the County of S; State of California, for the County of S that the notice of which the annexed is copy (set in type not smaller than nonp; been published in each regular and entir said newspaper and not in any suppleme on the following dates, to-wit: February 9, 2002 I certify (or declare) under penalty of pe the foregoing is true and correct. Dated at San Marcos ,i 11th February, 2002 of Legal Advertising nct 122m Limited Conhol (L-C) to One-family Regidential. 7,500 squ>re foot minimum lot Size Qualified Deveiopment Overlay Zone (R-1-7,500 - 0) and for the subdivlSlon and gradins of 30.9 acres into 33 residential lots and 5 open space lots. LOCATION: northeast corner of Poinsettia Lane andxviara Parkway in Local Facilities Management Zone 20. This project is within the Ci of Carlsbad's Coastal Zone located on th( ASSESSORS PARCEL NUMBER: 214-550-01 APPLICANT Carlsbad Promenade Partners, LLC do Koll Development Co., LLC 4275 Executive Square, Suite 240 La Joila, CA 92037 A public hearing on the above proposed project will be heid by the City Council in,the Council Chambers. 1200 CarlsbadVillage Drive, Carisbad, California, on February 19, 2002 at 6:OO p.m. Persons are cordially invited to attend the public hearin and provide the decision maker! with any oral or written comments they may have regaring the projeq. The project will bi described and a staff recommendallon Iven. followed by public testimony, qu9StlOnS an1 a decision. Copies of the staff report wji be available on or after February 15, 2002. if you have any questions, or would iike to be notified of the decision, ease contact Val to 530 0.m.. Frldav 8:00 a.m. to 5:OO 0.m. at 1635 Faraday Avenue. Carlsba , CalMrnl, a.m Lynch at the City of Carlsbad Planning Department. Monday through Phursdy 730 APPEALS ' The time within which you may judicially challenge this Zone Change. Lodai Coast2 Program Amendment, Tentative Tract Map, Coastal Deveiopment Permit, and Hillsid, Development Permit, if approved, is established by state law andlor city OrdinamX, and i very Short. If you challenge the Zone Change, Local Coastal Pro ram Amendmnl Tentative Tract Map, Coastal Development Pelmil. and Hillside Oev$opment Permit i court, ou may be Imted to rawng only those Issues you or someone else rahwd at th' public {earing described in this notice, or in written correspondence delivered to the Cit of Carlsbad prior to the public hearing. 1, Aooeals to he Citv Council:, Where the decision is appealable to the City Found lhe Planning Commission. -1tIng wlthin ten (IO) calendar days after a declSlOn b 2. Coastal Commission Appealable Project: This site is located within the Coastal Zone Appealable Area. This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, ap eals must be filed with the Coastal Coastal Commission has received a Notice of Final Commission w&n ten (IO) working days after the Action from~the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their.appeal eriod will conclude. The San Diego office of the 8oastal Commission is located at 7575 92108-4402. Metropolitan Drive, Suite 103, San Diego, California CASE FILE: ZC OO-O6/LCPA 00-08/CT 00- 19/CDP 00-53/HDP 00-10 CASE NAME: CARLSBAD YROMENADE ~ ~~ ~~ I CARLSBAD PROMENADE ZCoMBIlCPAOQoB~DC-1Ol Legal 72267. February 9,2002 'i CDP QWD? Wlb ... ,. .."..,....._ ... ,.. ....... ........... .. ... .