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
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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.
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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
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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
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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
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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
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EXHIBIT 3
CARLSBAD PROMENADE
ZC OO-O6/LCPA 00-08/CT 00-1 9/
CDP 00-53/HDP 00-1 0
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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
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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-
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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
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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
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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 .
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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
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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
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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
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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
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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-
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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.
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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
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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
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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+
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3.
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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
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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
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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.
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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
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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
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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.
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FeedApreements
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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.
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Dedications/Improvements
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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
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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
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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.
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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.
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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.
...
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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
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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.
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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
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3.
4.
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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.
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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
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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
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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-
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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-
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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
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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
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FEDERAL AVIATION ADMIN WESTERN REG
PO BOX 92007
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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
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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
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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
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ANTHONY & DICKY BONS
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U S FISH &WILDLIFE SERVICE
JOHN MARTIN
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TABATA FARMS
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SIERRA CLUB S D CHAPTER
CRAIG ADAMS
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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
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. ADAMS MAE W
6587 DAYLILY DR CARLSBAD CA 92009
ALTON WlLLlAMBELlZABETH
6610 VIREO CT CARLSBAD CA 92009
ANDERSONROBERTWJRBPEMONPENNY M
6658 CURLEW TER
CARLSBAD CA 92009
PARTNERSHIP
NTER DRIVE #304
AVIARA MASTER ASSN
RD #206
BAGHERIAN ALI KBHOMAYOONMEHR
6671 DAYLILY DR PANTEA
CARLSBAD CA 92009
BARNETE FAMILY TRUST 10-27-00
6649 CURLEW TER CARLSBAD CA 92009
ADAMS NICHOLAS JBTANYA L
6594 DAYLILY DR CARLSBAD CA 92009
AMABILE MARK CBLABDON MARTHA L
CARLSBAD CA 92009 1313 GULL CT
AUGER MARTIN R
CARLSBAD CA 92009
1363 NIGHTSHADE RD
AVIARA MASTER ASSN C/O HILLMAN PROPERTIES WEST INC 2011 PALOMARAIRPORT~RD a06 ~ ~ ~~~ ~~ ~. ~
CARLSBAD CA 92009
AVIARA MASTER ASSN
C/O A MCKIBBINBCO
7529 DRAPER AVE #D
LA JOLLA CA 92037
BAKER WILLIAMBDONNA M FAMILY TRUST
RESEDA CA 91335
18552 ERWIN ST
BALARDETA JOSEPH J
CARLSBAD CA 92009
1265 VERONICA CT
BERLIN FAMILY TRUST 09-03-97
CARLSBAD CA 92009 1351 NIGHTSHADE RD
BROWN JASON RBSCHROEDER SUSAN G BUC MICHAEL JBJOAN F
CARLSBAD CA 92009 1367 NIGHTSHADE RD CARLSBAD CA 92009 1378 SPARROW RD
ALEXANDER TODD W
CARLSBAD CA 92009
1350 NIGHTSHADE RD
AMORSEN ROBERT WBLINDA L TRS 6606 TOWHEE LN
CARLSBAD CA 92009
AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP
450 NEWPORT CENTER DRIVE #304 C/O HILLMAN PROPERTIES
NEWPORT BEACH CA 92660
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AVIARA MASTER ASSN
BAKER WILLIAMBDONNA M Fd
IRSS2 FRWIN ST /
BARNES FAMILY TRUST 08-27-91
7032 EDGEWILD DR
RIVERSIDE CA 92506
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BROCK SAMgANlTA
6764 LEMON LEAF DR
CARLSBAD CA 92009
BUSH JAMES ABLORRAINE J
6583 DAYLILY DR
CARLSBAD CA 92009
CALVERT CAROL LIVING 1990 TRUST
1636 DUNKIRK IN
RIVERSIDE CA 92506
C/O KNOLL CO
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CARLSBAD PROMENADE PARTNERS L L C
4275 EXECUTIVE SQ #24O
CARLSBAD PROMENADE PART CARLSBAD PROMENADE PA
LA JOLLA CA 92037 LA JOLLA CA 920
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CARMAN ARON SBJULIE L
6602 DAYLILY DR CARLSBAD CA 92009
CASSIDY JANICE TRUST 05-13-96
CARLSBAO CA 92009 1273 VERONICA CT
CASSIDY TIM EBCHRISTINE M
6591 DAYLILY DR
CARLSBAD CA 92009
CHAMBERS RODNEY BBCHRISTINE S CHERRY TREE WALK HOMEOWNERS ASSN
6623 CURLEW TER C/O THE OLSON COMPANY 3020 OLD RANCH PKWY #250
SEAL BEACH CA 90740
COHEN NORMAN R FAMILY TRUST 05-1691 COLEMAN GREG EBJOANNE S
6645 CURLEW TER 1373 NIGHTSHADE RD
CARLSBAD CA 92009 CARLSBAD CA 92009
CURTIS JON C EBSLEBODNIK-CURTIS DEAN SUSAN M LIVING TRUST 03-31-97
CHRISTINA M 6641 CURLEW TER CARLSBAD CA 92009
DEMILL BURRIT IVBKATHLEEN K
CARLSBAO CA 92009
1294 VERONICA CT 1315 PHLOX CT
CARLSBAD CA 92009
DICK FAMILY REVOCABLE TRUST C 07-23-99 OIMANNO BARBARA A
CARLSBAD CA 92009
1390 NIGHTSHADE RD 6616 DAYLILY DR CARLSBAD CA 92009
DOWLING CAROLE T ~~ ~ ~~
6582 DAYLILY DR CARLSBAD CA 92009
FAHR MATHEW M
6627 DAYLILY DR
CARLSBAD CA 92009
FALK LEWIS BBANJANETTE 6657 CURLEW TER
CARLSBAD CA 92009
DUTA ANJANBVIVIANE A
6595 DAYLILY DR
CARLSBAO CA 92009
FAHR MIKE
1274 VERONICA CT
CARLSBAD CA 92009
FARRAH DEANBKIMBERLY 6640 CURLEW TER
CARLSBAD CA 92009
FISK RUSSELL WBANNE 6578 DAYLILY DR CARLSBAD CA 92009 CARLSBAD CA 92009
FLETCHER MARTIN JBCYNTHIA J
6742 LEMON LEAF DR
aAWERYm Address Labels
DOAN STEPHEN DBTAHRA D FAMILY TRUST
10-10-00 6768 LEMON LEAF DR CARLSBAD CA 92009
DYE FAMILY 2001 TRUST 04-05-01
6579 DAYLILY DR CARLSBAD CA 92009
FAHR MIKEBFARMANI SHIVA
6651 DAYLILY DR
CARLSBAD CA 92009
FERNANDEZ VICTORIA TR P 0 BOX 395 CARDIFF CA 92007
FONTANESI FRANCIS OBDOLORIS L
6613 CURLEW TER CARLSBAD CA 92009
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6610 DAYLILY DR
FOSTER LEONARD A
CARLSBAD CA 92009
GRANT FREDERICK HBHIROKO -, - .. . . 6615 DAYLILY DR CARLSBAD CA 92009
HANCOCK JAMES R JRBELLEN L
6607 DAYLILY DR
CARLSBAD CA 92009
HOLDEN JOAN G
6598 DAYLILY DR
CARLSBAD CA 92009
IKEMOTO CARY GBJENNIFER J 6722 LEMON LEAF DR
CARLSBAD CA 92009
JONES JEFFREY D
CARLSBAD CA 92009 1257 VERONICA CT
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GATES ROBERT CBROSEMARIE '-. GOMEZ LUDGERO A
6748 LEMON LEAF DR 6603 DAYLILY DR
CARLSBAD CA 92009 CARLSBAD CA 92009
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GURELL JOHN DBMARY K
6622 DAYLILY DR
CARLSBAD CA 92009
HARlG JEFFREY KBNANCY J
1384 NIGHTSHADE RD
CARLSBAD CA 92009
HALTERMAN WELDON RBMOLLY M
6639 DAYLILY DR CARLSBAD CA 92009
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HIDALGO AVELINA
6591 BLACK RAIL RD
CARLSBAD CA 92009
HOO WILLIAM SOOBWINNIE W SO0 HOOVER KYLE DBSALOME M
6619 CURLEW TER 6716 CAMPHOR PL
CARLSBAD CA 92009 CARLSBAD CA 92009
INCANDELA ROSE B REVOCABLE TRUST 04- JOHNS SCOn TBPAULA c
73-91 6605 VIREO CT " _. C/O JOSEPH R INCANDELA JR
1318 FOXGLOVE DR
BATAVIA IL 60510
CARLSBAD CA 92009
JONES WALTON LBSCHOLL AMY M JORDAN BRIAN EBMARION 6663 DAYLILY DR
CARLSBAD CA 92009 CARLSBAD CA 92009
1289 VERONICA CT
JUDGE EVELYNE C LIVING TRUST 10-04-99 6594 PETUNIA PL
KACHOREK JOHN JBEDMISTON ELAINE A KANG YOUNG HOBJAE CIN
1386 SPARROW RD
CARLSBAD CA 92009 CARLSBAD CA 92009
6723 LEMON LEAF DR
CARLSBAD CA 92009
KILPATRICK CINDY K 400 LIGHTHOUSE LN
PEACHTREE CITY GA 30269
KING FAMILY TRUST 04-22-91
6643 DAYLILY DR
CARLSBAD CA 92009
KRUPNICK IGORBELLEN
CARLSBAD CA 92009
1377 NIGHTSHADE RD
@AVERYa Address Labels
KIM BRIAN YBYONG KYU
6734 LEMON LEAF DR CARLSBAD CA 92009
KRAK MICHAEL DBLYDIA A
6609 CURLEW TER CARLSBAD CA 92009
KIM HYUN JBHYE R
1277 VERONICA CT CARLSBAD CA 92009
KROUSE THOMAS E JR
€637 CURLEW TER CARLSBAD CA 92009
LARSEN BRIAN LBTERESA M FAMILY TRUSl
05-24-01 .. - .
CARLSBAD CA 92009
1317 GULL CT
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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 DAVID SBMOYRA A
1386 NIGHTSHADE RD
MONGOVEN TRUST 0805-98
1355 NIGHTSHADE RD
CARLSEAD CA 92009 CARLSEAD CA 92009
MULLINS PAUL FBROSLYN M 6590 PETUNIA PL
CARLSEAD CA 92009
MUNK NORMAN SBFRANCES
CARLSEAD CA 92009
1398 NIGHTSHADE RD
NAZARDAD EAHRAM
6626 DAYLILY DR CARLSEAD CA 92009
NEIDHARDT PAUL CBLINDA C
CARLSBAD CA 92009
1374 NIGHTSHADE RD NEWMAN IRWINBEAREARA 1281 VERONICA CT
CARLSBAD CA 92009
NOLLEDO JUNE PBMYRNA L 6633 CURLEW TER CARLSEAD CA 92009
OCONNELL DANIEL FgLESLlE A
6665 CURLEW TER
CARLSBAD CA 92009
PADILIA CARRIE K 6708 CAMPHOR PL
CARLSEAD CA 92009
PAULUS WOLFGANGBPETRA 6606 DAYLILY DR CARLSEAD CA 92009
PERCOPO MICHAEL JBCHRISTINE W FAMILY PESTRITTO SHERRI L TRUST 09-24 1311 PHLOX CT
PETROVIC MARK0
6735 LEMON LEAF DR
CARLSBAD CA 92009
CARLSEAD CA 92009
1316 GULL CT CARLSEAD CA 92009
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' PHAM LONG B
6623 DAYLILY DR
CARLSEAD CA 92009
RADVAR FAMILY TRUST 03-02-01
CARLSEAD CA 92009
6621 CURLEW TER
RIGGAN DAVID CBMARLENE H
CARLSEAD CA 92009
1285VERONICA CT
ROBERTS JACK ABMARIANNE B
6619 DAYLILY DR CARLSEAD CA 92009
RODRIGUEZ LEOPOLDOBMARIA I
CARLSEAD CA 92009 1389 NIGHTSHADE RD
SABADIN PAUL FBGABRIELLE A
CARLSBAD CA 92009 13i5 GULL CT
SARKIS LAWRENCE J 2001 BOSTON WAY MODEST0 CA 95355
SEASIDE ESTATES L LC C/O PHD HOMES INC 15707 ROCKVILLE BLVD 11255 IRVINE CA 92618
PLOTKIN BRIAN JBDONNA M 6727 LEMON LEAF DR CARLSBAD CA 92009
RAVIKUMARVASULINGABSUMATHI 6606 VIREO CT
CARLSEAD CA 92009
RISK0 SURVIVING SPOUSES TRUST
CARLSBAD CA 92009 1307 PHLOX CT
ROCK FAMILY TRUST 07-23-91
6611 DAYLILY DR CARLSBAD CA 92009
PLUM TREE WALK L LC
C/O OLSON CO
3010 OLD RANCH PKY MOO SEAL BEACH CA 90740
PROMOTICO MICHAEL DBLISA M
CARLSBAD CA 92009 1385 NIGHTSHADE RD
RICHARDSON MICHAEL F 6744 CAMPHOR PL CARLSBAD CA 92009
ROBERTS DEBRA J
CARLSBAD CA 92009
1391 NIGHTSHADE RD
RODGERS FAMILY TRUST 04-09-99
1378 NIGHTSHADE RD
CARLSBAD CA 92009
ROPE CHRISTOPHER RBHILDEGARD M 6598 PETUNIA PL 6517 EL CAMINO REAL
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
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5255 15707 ROCKVIL
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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
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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
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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
STANDARD PAClFl
STEWART CRAIG VBCYNDI L 671 1 LEMON LEAF DR
CARLSBAD CA 92009
STRAUSS FAMILY TRUST 03-16-88
6604 CURLEW TER
CARLSBAD CA 92009
STUART LEWIS JBMONICA
6620 CURLEW TER CARLSBAD CA 92009
STYRING JAMES
6614 VIREO CT CARLSBAD CA 92009
SWOPE JOHN R TRUST 10-24-88 6629 CURLEW TER
CARLSBAD CA 92009
TODRANK ROBERT LBSHEILA D
CARLSBAD CA 92009 1394 NIGHTSHADE RD
TRAUlT MICHAEL ABTAMMY J
6605 CURLEW TER
CARLSBAD CA 92009
TUCKER CRAIG W UNWIN JOHN ABSUSAN M 6659 DAYLILY DR
CARLSBAD CA 92009 1359 NIGHTSHADE RD
CARLSBAD CA 92009
VURBEFF EUGENEBROBIN C 1382 SPARROW RD
CARLSBAD CA 92009
WAGGENER WALTER EBMARTHA J 1290 VERONICA CT
CARLSBAD CA 92009
WALLACE BETTY TRUST 12-18-92
1354 NIGHTSHADE RD
CARLSBAD CA 92009
WALSH FAMILY REVOCABLE LIVING TRUST 13713 NE 45TH PL WELSH DEAN LBJUDY L
VANCOUVER WA 98M6 6654 CURLEW TER CARLSBAD CA 92009
WILEY RANDY WBCONNIE R 6586 DAYLILY OR CARLSBAD CA 92009
WILLYARD VINCENT AgAMY C
CARLSBAD CA 92009 1282 VERONICA CT WINEHOLT CHARLES H IllBLAURA E
6664 CURLEW TER
CARLSBAD CA 92009
WlNN THOMAS M
5210 FIORE TER #DO7 SAN DIEGO CA 92122
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' WOOD DAVID PBREGINA L 6674 CURLEW TER
CARLSBAD CA 92009
YlANlLOS BECKY C
CARLSBAD CA 92009 1364 NIGHTSHADE RD
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CARLSBAO CA 92009
1319 PHLOX CT ZELENKA BRUCE JBCHRISTINA J
6754 LEMON LEAF DR
CARLSBAD CA 92009
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OCCUPANT 6619 DAYLILY DR CARLSBAD CA 92009
OCCUPANT EL CAMINO REAL
OCCUPANT
CARLSBAD CA 92009
1300 AVIARA PY
OCCUPANT
6742 LEMON LEAF DR
CARLSBAD CA 92009
OCCUPANT
6591 BLACK RAIL RD
CARLSBAD CA 92009
OCCUPANT
6764 LEMON LEAF DR
CARLSBAD CA 92009
OCCUPANT 6768 LEMON LEAF DR CARLSBAD CA 92009
OCCUPANT 6611 DAYLILY DR CARLSBAD CA 92009
OCCUPANT
OCCUPANT 6722 LEMON LEAF DR CARLSBAD CA 92009
OCCUPANT 6748 LEMON LEAF DR CARLSBAD CA 92009
6760 LEMON LEAF DR
CARLSBAD CA 92009
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6623 DAYLILY DR CARLSBAD CA 92009
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OCCUPANT
6714 LEMON LEAF DR
CARLSBAD CA 92009
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OCCUPANT 6734 LEMON LEAF DR CARLSBAD CA 92009
OCCUPANT
6754 LEMON LEAF DR
CARLSBAD CA 92009
OCCUPANT POINSElTIA LN
OCCUPANT 6595 BLACK RAIL RD
CARLSBAD CA 92009
OCCUPANT 6625 CURLEW TR CARLSBAD CA 92009
AVERYB Address Labels Laser 5160@
Smooth Feed SheetsTM
OCCUPANT
6623 CURLEW TR
CARLSBAD CA 92009
OCCUPANT
CARLSBAD CA 92009
6613 CURLEW TR
OCCUPANT 6605 CURLEW TR CARLSBAD CA 92009
@AVERY@ Address Labels
OCCUPANT
6621 CURLEW TR CARLSBAD CA 92009
OCCUPANT
CARLSBAD CA 92009
6609 CURLEW TR
OCCUPANT
6633 CURLEW TR
CARLSBAD CA 92009
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OCCUPANT
6619 CURLEW TR CARLSBAD CA 92009
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CARLSBAD CA 92009
6629 CURLEW TR
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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
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