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HomeMy WebLinkAbout2002-08-06; City Council; 16845; Aviara Community ParkAB# 16,845 MTG. 8-6-02 DEPT. PLN CITY OF CARLSBAD -AGENDA BILL m: ZONE 19 (AVIARA COMMUNITY) PARK - LCPA 02-03 AND APPEAL OF PLANNING COMMISSION APPROVAL OF MP 177(DD)/CUP 01-22/HDP 01-07/CDP 01-31 DEPT. HD. CITY MGR -322 RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2002-236 , ADOPTING a Mitigated Negative Declaration with Addendum dated January 24, 2002 and July 3, 2002 and a Mitigation Monitoring and Reporting Program, and APPROVING LCPA 02-03, and upholding the Planning Commission's decision and DENYING the appeal of MP 177(DD)/CUP 01-22/HDP 01-07/CDP 01-31, ITEM EXPLANATION: Project application(s) To be Reviewed - Reviewed by and Administrative Approvals Final at Council Final at Planning Environmental Review LCPA 02-03 MP 177(DD) X CUP 01-22 X CDP 01-31 X HDP 01-07 X X X x - on appeal x - on appeal x - on appeal x - on appeal The proposed project is the Zone 19 (Aviara Community) Park. The project site is located at the northern terminus of Ambrosia Lane within Planning Area 32 of the Aviara Master Plan. The project requires the approval of a Mitigated Negative Declaration, Local Coastal Program Amendment and Minor Master Plan Amendment (both for additional structure height), a Conditional Use Permit, Hillside Development Permit, and Coastal Development Permit. This project was heard and approved by the Planning Commission on to be decided upon by the City Council include: the environmental documents (a mitigated negative February 20, 2002. That approval was appealed by residents in the Brindisi development. Thus, the items declaration with two addendums), an LCPA (minor), and the appeal of the Planning Commission's approval of the Minor Master Plan Amendment (MPA 177(DD)), Conditional Use Permit (CUP 01-22), Hillside Development Permit (HDP 01-07), and Coastal Development Permit (CDP 01-31). LCPA 02-03 When the Planning Commission acted upon this project (February 20, 2002), they approved a Minor Amendment to the Aviara Master Plan. (The Master Plan procedures allow the approval of minor amendments by the Planning Commission to be final unless appealed.) This amendment would allow the height in Planning Area 32 to be consistent with the height allowed in other (non-master planned) Open additional height is necessary to allow the construction of any adequate park community building or Space Zones (Le., 25' plus any additional height approved through a Conditional Use Permit). This gymnasium and is consistent with the height of similar park buildings in other City parks. After the Planning Commission hearing, California Coastal Commission staff determined that a Local Coastal Program Amendment (LCPA) is necessary to maintain consistency between the Coastal Program and the zoning (i.e., the approved Aviara Master Plan). Since the Master Plan serves as the Local Coastal and a Local Coastal Program Amendment to approve the change in allowed height necessary to Program for the Aviara Master Plan, Council must approve both the proposed Master Plan Amendment accommodate the proposed community building. Planning staff has had several conversations with Coastal Commission staff on this topic. Pursuant to those conversations, Planning staff has treated the proposed LCPA as a "minor" amendment. PAGE 2 OF AGENDA BILL NO. 16,845 ADDeal Of Plannina Comnission ADDrOVak The Planning Commission heard the proposed park project in a public hearing held on February20, 2002. (CUP 01-22), Hillside Development Permit (HDP 01-07), and Coastal Development Permit (CDP 01-31) by The Commission approved the Minor Master Plan Amendment (MP 177(DD)), Conditional Use Permit a unanimous vote. On February 28, 2002 property owners in the Brindisi neighborhood filed an appeal of those approvals. The appellants cited several specific reasons for their opposition to the project approval. They fall into the following general categories: . the location of the park entrance off Ambrosia Lane rather than off Poinsettia Lane; . the anticipated increase in traffic and traffic control and safety issues; . potential noise issues; and, . potential nuisance issues from the use of alcohol at the park Staff has considered each of the reasons cited in the appeal and still believes that the project design approved by the Planning Commission is the best design for the park and that the environmental documents prepared for the project adequately address each of these areas of neighbor concern. Staff has included some responses on each of these appeal topics below. Park Entrance The placement of the park entrance at the northern end of Ambrosia was established in the Aviara Master Plan approved in 1987. This access point is consistent with the design of the Brinidisi neighborhood and with the Ciys intersection spacing policy. Engineering standards discourage project designs which take direct access off major arterial roadways as such designs diminish the ability of a major roadway to flow smoothly and can negativelyaffect the levels of service (LOS) of such roadways. Utilizing a common access point, such as the Ambrosia Lane, Mch will ultimately access to the site from the north, east, or west is not feasible due to constraints of topography, be served by a traffic signal, is the most effective and safe way to serve the park. Additionally, habitat, and existing developmnt. Park Traffic This site has been designated for development of a park since the master Aviara Master Plan was developed and approved in 1987 and has been induded within build-out traffic model studies since that time. The expected trip generation for the park (1,000 ADT) identified at the Planning Commission public hearing was a conservative estimate of the trip generation for the park. The the trip generation rate to the entire site, even though only 9.5 of the total 24.25-acre site will be actual ADT may be considerably less than 1,000 ADT. The 1,000 ADTfigure results from applying developed. The ADT was calculated using the latest (1998) SANDAG trip generation fgures. Traffic projections have been previously addressed for this area. The northerly segment of Ambrosia Lane will serve only two projects. Utilizing current SANDAG figures, it is anticipated that Ambrosia Lane will handle 1,193 ADT (720 ADT from the Brindisi development plus 1,000 ADT from the proposed park). Ambrosia Lane will function as a residential collector and is designed to carry between 1,200 and 10,000 ADT. Thus, Ambrosia Lane is more than adequate to handle the anticipated traffic from both the Brindisi development and the proposed park. A signal will be installed at this intersection when the signal warrants are met. Once installed, traffic models calculated for build-out of the City show that the Ambrosia LanelPoinsettia Lane intersection will function at a LOS '"A". Minimum standards require that the intersection function at LOS "D or better. This existing infrastructure and the design of the Zone 19 Park incorporate all of the necessary measures required to control the anticipated traffic. Ambrosia Lane will carry both the volume. The intersection of Ambrosia Lane and Poinsettia Lane will ultimately be served by a park traffic and residential traffic. Ambrosia Lane is designed to handle the anticipated traffic traffic signal when signal warrants are met as determined by the City Traffic Engineer. This will provide safe vehicular turning movements onto Poinsettia Lane as build-out volumes are approached. A PAGE 3 OF AGENDA BILL NO. 16 r 845 Noise and Alcohol Use Issues Staff believes that the original project documents adequately addressed the potential for noise issues on the site. The Park Department‘s Facility Use Regulations will govern the use of the park grounds and buildings. Under these regulations organized outdoor activities would end at 1O:OO p.m. on both weekday and weekend nights. Activities inside the community building (including music) could continue until 1:00 a.m. at the latest. However, music would not be allowed on the for “Jazz in the Park” activities. The Facility Use Regulations also govem the use of alcohol on the patio areas of the community building after 1O:OO p.m. This park is conditioned to prohibit its use site. The regulations allow the consumption of alcohol (to persons 21 years of age or older) in the Community building, but prohibit alcohol consumption outside of the building. New Condition OfADDrOVal Staff is proposing to add one new condition of approval to the Coastal Development Permit (CDP). The addition of this condition will ensure that grading/construction will not occur when there might be nesting birds in the vianity of the project development activities. That condition reads as follows: “All grading activities are prohibited from February 1st to September 15th. Grading activities are therefore, allowed during a portion of the “rainy season”. All erosion control and revegetation measures must be fully implemented prior to the grading prohibition period. Any extensions must receive written approval of the City Engineer and the responsible wildlife agencies (California Department of Fish and GamelUnited States Fish and Wildlife Service).” ENVIRONMENTAL: Environmental analysis was conducted for the project and resulted in the issuance of a Mitigated Negative Addendum was prepared on July 3, 2002. No additional or changed mitigation was required as a result of Declaration on November 28, 2001. An Addendum was prepared on January 24, 2002, and a second either of those Addendum; thus, no recirculation of the environmental documents was required. The initial study for the project was prepared in November 2001 and a Mitigated Negative Declaration was January 24, 2002. This Addendum was prepared to clarify the discussion of the proposed height of the issued on November 28, 2001. An Addendum to the original environmental documents was issued on community building and the number of trips to be generated by the project in the original environmental documents. A second Addendum was prepared in July 2002. The purpose of this second Addendum was to incorporate additional environmental surveysheports which were prepared after the original documentation, to incorporate a letter ofconcurrence received from USFWS and CDFG on tu0 topics, and to clarify the need for the LCPA for the building height. The project incorporates some grading necessary for slope stabilization (Le., a butress fill). Because this work involves some encroachment into HMP preserve area, the USFWS and CDFG required that surveys (for the presence of California gnatcatchers) be conducted. The surveys were conducted in late May and early June, and the report concluded that no birds were seen or heard in the buttress fill area. That survey information was provided to USFWS and CDFG along with a request that the proposed grading be considered “de minimis”. (The area of impact is less than .03-acre, and the area will be replanted with native vegetation.) Staff received a letter from USFWlCDFG dated July 1, 2002 providing the requested concurrence that the proposed impact is “de minimis” in nature. Planning staff had also requested concurrence from the agencies that the open space corridor on the project site had been developed in consultation with the agencies and that it satisfied the requirements of the NCCP. (This concurrence is a requirement of the Aviara Master Plan.) The July 1 letter acknowledges that this requirement has been satisfied. The letter references the fact that the corridor has been delineated aspart of the City’s HMP, which was developed in wnsultation with USFWS and CDFG. 3 PAGE 4 OF AGENDA BILL NO. 16,845 FISCAL IMPACT: Development of this park is necessary in order to continue to meet the City's growth management requirements. The funds to develop this park have been allocated by Council in the City's Capital additional funds. The amount of such additional funds is not known, and would depend upon the nature of Improvement Program Budget. Any redesign of the park at this time would require expenditure of the design changes. EXHIBITS: 1. City Council Resolution No. 2002-236 2. 3. Location Map Letter from USFWSKDFG dated July 1, 2002 4. 5. Planning Commission Resolutions No. 5108, 5156, 5108, 51 IO, and 51 11 6. Planning Commission Staff Report dated February 20, 2002 Excerpts of Planning Commission Minutes dated February 20, 2002 7. Appeal Letter dated February 28, 2002. I II 1 1: 1: I< 1: If 1; 1I 15 2c 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD TO ADOPT A MITIGATED NEGATIVE DECLARATION, ADDENDUMS 1 and 2 AND MITIGATION MONITORING AND REPORTING PROGRAM AND TO APPROVE A LOCAL COASTAL PROGRAM AMENDMENT AND TO UPHOLD THE DECISION OF THE PLANNING COMMISSION AND DENY THE APPEAL FOR A COMMUNITY PARK TO BE LOCATED AT THE NORTHERN TERMINUS OF AMBROSIA LANE. CASE NAME: ZONE 19 (AVIARA COMMUNITY) PARK CASE NO.: LCPA 02-03/MP 177(DD)/CUP 01-22/HDP 01- 07/CDP 01-31 WHEREAS, on February 20, 2002, the Carlsbad Planning Commission held 2 duly noticed public hearing to consider a proposed Mitigated Negative Declaration, Addendum ’ and a Mitigation Monitoring and Reporting Program, and a Minor Master Plan Amendment (MF 177(DD)), Conditional Use Permit (CUP 01-22), Hillside Development Permit 01-07, anc Coastal Development Permit (CDP 01-31) to allow the development of a City park on propert) located at the northern terminus of Ambrosia Lane (Planning Area 32 of the Aviara Mastel Plan); and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Planning Commission considered all factors relating to the Mitigated Negative Declaration, Addendum 1 and the Mitigation Monitoring and Reporting Program, Minor Master Plan Amendment, Conditional Use Permit, Hillside Development Permit, and Coastal Development Permit; and, WHEREAS, on February 20, 2002, the Carlsbad Planning Commission adopted Planning Commission Resolutions No. 5108, 5156, 5109, 51 IO. and 51 11 recommending that the Council adopt a Mitigated Negative Declaration, Addendum 1 and a Mitigation Monitoring and Reporting Program and approving a Minor Master Plan Amendment (MP 177(DD)), Conditional Use Permit (CUP 01-22), Hillside Development Permit 01-07, and Coastal Development Permit (CDP 01-31); and, L c - , E s IC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2c 2; 2i WHEREAS, the Aviara Master Plan is the implementing document for the Aviar; L Master Plan Local Coastal Program; and, ! Master Plan Local Coastal Program and constitutes the regulations and policies of the Aviar: L WHEREAS, the proposed Local Coastal Program Amendment meets the i applicable policies of the Mello I segment of the Carlsbad Local Coastal Program not being i requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and al amended by this amendment, in that no policies are being amended by this action; and, 1 WHEREAS, the proposed amendment to the Mello I segment of the Carlsbad Local Coastal Program is required to bring it into consistency with the adopted Aviara Master ) Plan; and, WHEREAS, the City Council did on the 6th day of August , 2002 ! Reporting Program, and Local Coastal Program Amendment, Minor Master Plan Amendment, ' Declaration and two Addendums (Addendum 2 attached) and the Mitigation Monitoring and ' hold a duly noticed public hearing as prescribed by law to consider the Mitigated Negative Conditional Use Permit, Hillside Development Permit, and Coastal Development Permit; and, The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That the above recitations are true and correct 2. That the findings of the Planning Commission in Planning Commission Resolutions No. 5108, 5156, 5109, 5110, and 51 11 and the findings in this City Council Resolution constitute the findings of the City Council in this matter. .... .... .... .... . . .. .... Page 2 of 3 of Resolution No. 20b2i-236 M J i f E s IC 11 12 13 14 1 'g 17 18 19 20 21 22 23 24 25 26 27 28 3. That the Mitigated Negative Declaration, Addendums 1 and 2, the Mitigation Monitoring and Reporting Program are adopted, and the Minor Master Plan Amendment (MP 177(DD)), Conditional Use Permit (CUP 01-22), Hillside Development Permit (HDP 01-07), and Coastal Development Permit (CDP 01-31) are approved as shown on Planning Commission Resolutions No. 5108, 5156, 5109, 5110, and 5111 on file with the City Clerk and incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 6th day of August 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard. and Hal ATT2T: *aywx?mTL LOR INE M. WOOD, City Clerk Page 3 of 3 of Resolution No. 2002-236 -3- July 3,2002 -ADDENDUM 2 TO EIA FOR LCPA 02-031MP 177(DD)/CUP 01-22/HDP/01-07CDP 01-31 FOR ZONE 19 (AVIARA COMMUNITY) PARK The California Environmental Quality Act (CEQA) Section 15164 describes the circumstances under which an addendum to an EIR or Negative Declaration is required and the required procedures for an addendum. Pursuant to that section, an addendum may be prepared if only minor technical changes or additions are necessary and those technical changes or additions do not trigger a supplemental EIR or Negative Declaration. Section 15164 also directs that an addendum need not be circulated but can be included in or attached to the final Negative Declaration. The incorporation of this additional discussion has not resulted in any new or changed mitigation for the subject project. Thus, this information satisfies CEQA Section 15164 as an addendum. Staff has prepared this second Addendum for this project in order to: A. ensure that the environmental documents for this project fully incorporate and reference all biological resources reports, letters, and survey information related to the project and to clarify the discussion of project impacts; B. incorporate correspondence from USFWS and CDFG offering their concurrence on two topics; and, C. clarify the need for the proposed minor LCPA. A. Bioloqical Resources Surveys/Reports A Biological Resources Report for Aviara Community (Zone 19) Park was prepared in April 2002 by P&D Environmental. That report reiterates that the project would result in temporary impacts to .03-acre of disturbed coastal sage scrub, as discussed in the original environmental initial study. The report also discusses the encroachment into approximately .Ol-acre of potential ACOE jurisdictional waters. The original environmental analysis estimated this encroachment as approximately .09-acre. However, the more detailed (later) biological report concludes that the encroachment would be only .Ol-acre. This reduction in the encroachment/temporary impact area is the result of a more detailed analysis/calculation. The original mitigation plan required that the encroachment area (whatever its size) be replanted in native vegetation. That mitigation is still required, so there is no change in the mitigation requirements for the project as a result of this lessened impact. The .03-acre encroachment into disturbed coastal sage scrub (for the necessary slope stabilization) can be considered "de minimis" by CDFG and USFWS if there are no California gnatcatchers in the area of disturbance. Consequently, protocol surveys were conducted by P&D Environmental for the presence of gnatcatchers in late May/early June, and a letter was prepared (dated June 11, 2002) to summarize the survey results. That letter states that no gnatcatchers were sighted or heard in the JULY 3,2002 -ADDENDUM 2 TO EIA FOR LCPA 02-03/MP 177(DD)/CUP 01-22/HDP/OI-O7CDP 01-31 FOR ZONE 19 (AVIARA COMMUNITY) PARK Paqe 2 project impacts area. The letter concludes that, in the biologist's opinion, the proposed project will not have any direct impacts on California gnatcatchers. The original environmental documents and project conditions addressed such potential indirect impacts as light spillage and grading restrictions. B. USFWSlCDFG Concurrence On the basis of the biological resources reports, City staff requested and received written concurrence from CDFG and USFWS that the .03-acre take of coastal sage scrub is "de minimis" in nature. Staff also requested and received written concurrence from CDFG and USFWS that the open space corridor on the site (to the north of the park use area) was established in consultation with CDFG and USFWS and satisfies all NCCP requirements. The Aviara Master Plan requires that the corridor be established in consultation with the agencies. Since the City's HMP hardlines have been developed in consultation with the agencies, this project is consistent with the HMP with the exception of the encroachments (necessary for storm water management and slope stabilization) sited in the earlier environmental documents for the project. C. Minor Local Coastal Procram Amendment As indicated in the Planning Commission staff report, dated February 20, 2002, this project requires the approval of a Minor Master Plan Amendment to the Aviara Master Plan. The amendment was necessary to revise the maximum allowed height in Planning Area 32 (the park site) from its current limit (18') to the height typically allowed in the Open Space Zone (25' plus any additional height allowed through a Conditional Use Permit). The park site is within the Mello I segment of the City's Coastal Program. When the Aviara Master Plan was originally approved in 1987, a Local Coastal Program Amendment was also approved. As a result of those actions, the approved Aviara Master Plan is the implementing document for the Coastal Program within the Aviara community. Since the Master Plan text (Le., the LCP) includes a height limitation of 18', an LCPA must be approved by City Council to ensure continued consistency between the proposed Master Plan and the Local Coastal Program. It should be noted that the proposed building height has not changed since the original EIA Part II was prepared for the project. Staff has spoken with Coastal Commission staff, and Coastal staff has indicated that they believe the LCPA height limit change can be considered "minor" in nature pursuant to Section 13554 of the California Coastal Regulations and Section 30514(c) of the Public Resources Code. The Coastal Commission can determine that an action is minor if it satisfies one or more of several justifications. In this case, the proposed project satisfies the requirement that the project does not "change the kind, location, intensity, or density of use". EXHIBIT 2 ZONE I9 PARK LCPA 02-03/MP 177(DD)/CUP 01-22/ HDP OI-O7/CDP 01-31 EXHIBIT 3 US Fish and Wildlife Service CA Dept. of Fish & Game Carlsbad Fish and Wildlife Office South Coast Regional Office 2730 Laker Avenue West Carlsbad. CA 92008 4949 Viewridge Avenue (760) 431-9440 San Diego. CA 92123 (858) 467-4201 FAX (760) 431-9624 FAX (858) 467-4299 In Reply Refer To: FWS-SDG-2944.1 Ms. Elaine Blackburn Senior Planner City of Carlsbad 1635 Faraday Avenue Carlsbad. California 92008-73 14 JUL 0 1 2002 Re: De nzininzus exemption under 4(d) Special Rule for the gnatcatcher, for Zone 19 Park in Carlsbad, San Diego County, California Dear Ms. Blackbum: This letter responds to the City of Carlsbad’s request to process the loss of coastal sage scrub associated with the Zone 19 Park project using an exemption to the 4(d) Special Rule. The de minimus exemption can only be used if the following three criteria are met: . The coastal sage scrub to be lost has been determined to be of low value or, if of medium . The project would result in the loss of less than one acre of coastal sage scrub loss which value, is located outside of preserve planning areas; is not occupied by the coastal California gnatcatcher; and . Habitat loss would not otherwise preclude reserve design In order to determine if the use of the de minimus exemption would be appropriate for the Zone 19 Park project, we reviewed the Mitigated Negative Declaration (MND) prepared for the project, the City of Carlsbad’s draft Habitat Management Plan (HMP) dated December 1999, a letter from Tito Marchant of P & D Environmental, dated June 11, 2002, and the Biological Resources Report for Aviara Community Park, Carlsbad, California (P & D Environmental, April 2002). Coastal sage scrub impacts which would occur as a result of project implementation (including fuel modification zones) would be 0.027 acre which is not occupied by the coastal California gnatcatcher.(Polioptila califmlica californica; gnatcatcher). The boundaries between the area proposed for development and the open space associated with the project were delineated as part of the HMP. After the HMP was submitted for public comment, an unforseen geological problem at the Zone 19 Park project site was discovered. A buttress fill, in a portion of the open space, was proposed to correct the geological instability. The fill would impact 0.027 acres of coastal sage scrub, and approximately 0.25 acre of ruderal and agricultural land. Ms. Elaine Blackburn (FWS-SDG-2944.1) - Upon completion of the buttress fill, the entire impacted area would be revegetated with coastal sage scrub, resulting in a net gain of coastal sage scrub in the preserve; thus, the project would not preclude reserve design. The coastal sage scrub on-site was characterized as disturbed, and is considered low-quality, due to edge effects from adjacent agriculture. To assess potential for the buttress fill to impact gnatcatchers, gnatcatcher surveys were conducted at the site on May 17, 24, and 31, 2002. A single male gnatcatcher was observed on May 24, approximately 1,000 feet from the proposed buttress fill. Based on previous estimates of gnatcatcher home range area. it is unlikely that this gnatcatcher uses the area proposed for the buttress fill Based upon this information, we concur with the use of the de nzininzus exemption for this project. It should be noted that even when using this exemption to the 4(d) Special rule, mitigation must still conform to the California Environmental Quality Act (CEQA), all other underlying resource protection requirements of the jurisdiction, and NCCP guidelines. The City of Carlsbad has exhausted their five percent coastal sage scrub loss allowance. but impacts permitted under the de minimus exemption may exceed the five percent allowance. However, the SANDAG. loss of coastal sage scrub associated with a de minimus exemption must be reported to If you have any questions concerning our review or comments provided in this letter, please contact John Martin of the Service at (760) 43 1.9440, or Nancy Frost of the Department at (858) 637-55 11. 3 A Sincerely, Acting Assistant Field Supervisor U.S. Fish and Wildlife Service William E. Tippets Environmental Program Manager California Department of Fish and Game L cc: Betty Dehony, P & D Environmental 1 2 3 4 5 6 7 8 9 10 11 12 1.3 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 2E EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 5108 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND ADDENDUM AND MITIGATION MONITORING AND REPORTING PROGRAM TO ALLOW A COMMUNITY PARK ON PROPERTY GENERALLY LOCATED AT THE NORTHERN TERMINUS OF AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: ZONE 19 PARK CASE NO.: MP 177(DD)iCW 0 1 -22kIDP 0 1 -07/CDP 0 1-3 1 WHEREAS, City of Carlsbad, “Developer”/”Owner” has filed a verified application with the City of Carlsbad regarding property described as Those portions of Section 35, Township 12 South, Range 4 West and Section 2, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to official plan thereof, said property being more particularly described in Exhibit “A“ of Quitclaim Deed recorded March 28, 1989 as File No. 89-157040 of official records of said San Diego County. (“the Property”); and WHEREAS, a Mitigated Negative Declaration and Addendum was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 20th day of February 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 relating to the Mitigated Negative Declaration and Addendum. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Planning Commission hereby ADOPTS the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program according to Exhibit "ND" dated November 28, 2001, and "PII" dated November 7, 2001, and the Addendum to "PII" dated January 24, 2002, attached hereto and made a part hereof, based on the following findings: Findinps: 1. The Planning Commission of the City of Carlsbad does hereby find: A. It has reviewed, analyzed and considered Mitigated Negative Declaration MP177(DD)/CUP 01-22/HDP 01-07/CDP 01-31 the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and B. The Mitigated Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and C. It reflects the independent judgment of the Planning Commission of the City of Carlsbad; and D. Based on the EIA Part I1 and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. ... ... ... ... -2- ... ... ... ... ... PC RES0 NO. 5108 I# 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 15 2c 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of February 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Heineman, Segall, White, and Whitton NOES: ABSENT: Commissioner Dominguez ABSTAIN: SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: v MICHAEL J. HOLZMI~~ER Planning Director PC RES0 NO. 5 108 -3- __ City o MITIGATED NEGATIVE DECLARATION Project Address/Location: At the northern terminus of Ambrosia Lane Project Description: A public park with a community building, maintenance facility, restrooms, a softball diamond, soccer fields, a basketball court, picnic area, tot lot and parking areas on a 25-acre site. 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, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the 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 Elaine Blackbum in the Planning Department at (760) 602-4621. DATED: CASE NO: CASE NAME: PUBLISH DATE: NOVEMBER 28,2001 CUP 01-22/HDP 01-07/CDP 01-31 ZONE 19 PARK NOVEMBER 28,2001 /l,Lf-& I/ 'I. 1, MICHAEL, J. H~LZ~M~LER Plinning Director 1635 Faraday Avenue - Carlsbad. CA 92008-7314 - (760) 602-4600 - FAX (760) 602-8559 www.cl.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASENO: CUP01-22kIDP 01-07ICDP 01-31 DATE: November 7.2001 BACKGROUND 1. CASE NAME: Zone 19 Park 2. APPLICANT: Citv of Carlsbad 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 1635 Faraday Ave; Carlsbad. CA 92008 4. DATE EIA FORM PART I SUBMITTED: NIA 5. PROJECT DESCRIPTION: A uublic Dark with a communitv buildinv maintenance facilitv, restrooms, a softball diamond. soccer fields, a basketball court, picnic area, tot lot and uarking areas on a 25-acre site. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, Unless Mitigation Incorporated as indicated by the checklist on the following pages. involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact 0 Land Use and Planning [XI TransportatiodCirculation 0 Public Services 0 Population and Housing [XI Biological Resources nutilities L+ Service Systems [7 Geological Problems [7 Energy & Mineral Resources c] Aesthetics [7 Water [XI Air Quality 0 Hazards 0 Noise Cultural Resources c] Recreation 0 Mandatory Findings of Significance 1 Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) 0 IXI 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 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 pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier , including revisions or mitigation measures that are imposed upon the proposed project. Therefore, 2 Rev. 03128196 1% 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 “EIA-Part 11”, 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 /9 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 must he prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part 11 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. 03/28/96 010 Issues (and Supporting Information Sources) Potentially Significant Impact Significant Potentially Unless Mitigation Incorporated SI@icant Less Than lmoact lrnpacr No I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or (Source #(s): (#l:Pgs 5.6-1 - 5.6-18) policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-1 - 5.6-18) 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& impacts to soils or farmlands, or impacts from incompatible e) Dismpt or divide the physical arrangement of an land uses? (#l:Pgs 5.6-1 - 5.6-18) established community (including a low-income or minority community)? (#l:Pgs 5.6-1 - 5.6-18) 0 [XI [XI 0 0 0 0 0 0 0 11. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-1 - 5.5-6) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrasttucture)’! (#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 - 5.1-15) b) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15) 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) fl Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 - 5.1-15) 5.1-1 -5.1.15) 5.1-15) g) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15) h) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15) 0 17 0 0 0 [XI [XI IXI 0 0 0 0 0 0 0 0 1x1 [XI [XI 0 [XI 0 0 [XI 0 0 0 IXI 0 0 0 0 0 0 0 0 [XI El [XI i) Unique geologic or physical features? (#l:Pgs 5.1-1 - 5.1-15) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface mnofi? (#l:Pgs 5.2-1 - 5.2- b) Exposure of people or property to water related hazards such as flooding? (#l:Pgs 5.2-1 - 5.2-11) c) Discharge into surface waters or other alteration of oxygen or turbidity)? (#l:Pgs 5.2-1 - 5.2-1 1) surface water quality (e.g. temperature, dissolved 11) 5 0 0 Rev. 03/28/96 A1 Issues (and Supporting Information Sources) Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated 0 Significant Less Than Impact lm~act NO 0 0 0 0 0 0 d) Changes in the amount of surface water in any water e) Changes in currents, or the course or direction of water body? (#l:Pgs 5.2-1 - 5.2-1 1) fl Changes in the quantity of ground waters, either movements? (#l:Pgs 5.2-1 - 5.2-11) through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#l:Pgs 5.2-1 - 5.2-11) g) Altered direction or rate of flow of groundwater? (#l:Pgs 5.2-1 - 5.2-11) h) Impacts to groundwater quality? (#l:Pgs 5.2-1 - 5.2- i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-1 - 5.2-11) 11) 0 0 0 0 0 0 0 0 0 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) Create objectionable odors? (#l:Pgs 5.3-1 - 53-12’) 0 0 0 om DEI om 0 0 0 VI. TRANSPORTATIONICIRCULATION. Would the orooosal result in: 0 0 0 17 0 0 00 om OEI nix &. a) Increased vehicle trips or traffic congestion? (#l:Pgs ~ ~~~~ 5.7-1 - 5.7.22) b) Hazards to safety from design features (e.g. sharp cumes or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-1 - 5.7.22) 0 0 0 c) Inadequate emergency access or access to nearby uses? (#l:Pes 5.7-1 - 5.7.22) ~I d) Insufficient parking capacity or off-site? (#l:Pgs 5.7-1 - 5.7.22) e) Hazards or harriers for pedestrians or bicyclists? t) Conflicts with adopted policies supporting alternative (#l:Pgs 5.7-1 - 5.7.22) transportation (e& bus turnouts, bicycle racks)? (#l:Pgs 5.7-1 ~ 5.7.22) g) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-1 - 5.7.22) VILBIOLOGICAL RESOURCES. Would the proposal result a) Endangered, threatened or rare species or their habitats in impacts to: (including but not limited to plants, fish, insects, animals, and birds? (#l:Pgs 5.4-1 - 5.4-24) b) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-1 ~ 5.4-24) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4-24) 6 0 om 0 0 om 0 0 IXI 0 0 Rev. 03/28/96 32 Issues (and Supporting Information Sources). Potentially Significant Impact Significant Potentially Unless Mitigation Incorporated 0 Significant Impact Less Than No Impact 0 0 om d) Wetland habitat (e.g. marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-1 (#l:Pgs 5.4-1 - 5.4-24) - 5.4-24) 0 om 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) 0 0 0 om OIXI 0 0 om 0 IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals orradiation)? (#l:Pgs 5.10.1-1 - 5.10.1-5) b) Possible interference with an emergency response plan or emergency evacuation plan? (#l:Pgs 5.10.1-1 - c) The creation of any health hazard or potential health 5.10.1-5) d) Exposure of people to existing sources of potential hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5) e) Increase fire hazard in areas with flammable brush, health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5) grass, or trees? (#l:Pgs 5.10.1-1 - 5.10.1-5) 0 0 om om 0 0 0 0 0 0 0 om om om 0 X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-1 - 5.9- 15) 0 0 0 o b) Exposure of people to severe noise levels? (#l:Pgs 5.9- 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) b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) 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 - 5.12.8-7) 0 0 0 0 0 0 0 0 0 XII.UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, a) Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 & or substantial alterations to the following utilities: 5.13-1 - 5.13-9) 0 7 Rev. 03/28/96 23 Issues (and Supporting Information Sources). Potentially Significant Impact Potential1.y Significant Unless Mitigation incorporated 0 Significant Less Than impact impact NO b) Communications systems? ( ) c) Local or regional water treatment or distribution d) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) e) Storm water drainage? (#l:Pg 5.2-8) fJ Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) g) Local or regional water supplies? (#l:Pgs 5.12.2-1 - facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) 5.12.3-7) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 [XI [XI €3 [XI XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#l:Pgs b) Have a demonstrated negative aesthetic effect? (#l:Pgs 5.11-1 - 5.11-5) 5.11-1 - 5.11-5) 0 0 0 [XI [XI [XI 0 0 0 c) Create light or glare? (#l:Pgs 5.11-1 - 5.11-5) 0 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) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs e) Restrict existing religious or sacred uses within the 5.8-1 - 5.8-10) potential impact area? (#l:Pgs 5.8-1 - 5.8-10) 1 0) 10) 0 0 0 0 0 0 0 0 0 IXI 0 0 0 [XI XV.RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 - 0 b) Affect existing recreational opportunities? (#I :Pgs 5.12.8-7) 5.12.8-1 - 5.12.8-7) 0 0 0 cl 0 [XI [XI XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) 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 examples of the major periods of California history or prehistory? 0 0 0 [XI 8 Rev. 03/28/96 a4 Issues (and Supporting Information Sources) Potentially Potentlaily Less Than Eo Significant Significant Slgnlficant impact Impact Unless Impact Mitieation I b) Does the project have impacts that are individually limited. but cumulatively considerable? 0 0 Elm Incorporated (“Cumulatively considerable” means that the viewed in connection with the effects of past projects, incremental effects of a project are considerable when the effects of other current uroiects. and the effects of probable future projects)? ._ c) Does the uroiect have environmental effects which will n n n E? cause the substantial adverse effects on human beings, either directly or indirectly‘? .I U U U - 9 Rev. 03/28/96 d 5- 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)(D). 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 26 DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING Proiect Description The proposed project is a public park on a 25-acre site. Structures will include a community building (17,768 square feet), one restroom building (625 square feet), a second restroom building (625 square feet) with an attached storage room (approximately 400 square feet), and a maintenance building (1,200 square feet). The community building will contain a multi-purpose room, activity room, senior family room, meeting room (which can be curtained off into two smaller rooms), a kitchen, and various storage and office areas for staff use. Outdoor recreational areas include a baseball field, two soccer fields, two basketball courts, a tot lot, and a picnic area. Environmental Setting The project site is a 25-acre parcel located at the northern terminus of Ambrosia Lane. The site is an irregularly-shaped mesa. The mesa top is relatively level. There are steep slopes and a canyon drainage to the north. The northern slopes are steeper than 1:l. Elevations on the site range from 208 feet above MSL in a canyon bottom at the northern end of the site to 326 feet above MSL in the mesa area. Much of the mesa area was previously used to grow flowers. The site contains unpaved roads and a buried irrigation system for the flower-growing operation. Easements on the site include a 30-foot wide Carlsbad Municipal Water District (CMWD) easement along the southern portion of the site and a 15-fOOt wide CMWD easement along the eastern side of the site. The slope areas include both native and non-native vegetation. Existing drainage basins are partially draining to all sides of the site, with the majority of the site flowing to the north. The project site is bounded by residential developments to the east and south and by open space to the west and north. II. ENVIRONMENTAL ANALYSIS A. Non-Relevant Items I. Land Use and Planning The project site is within the Aviara (formerly Pacific Rim) Master Plan (MP 177). This Planning Area (Planning Area 32) has an "Open Space" General Plan designation and zoning. The site is designated for a park use. Therefore, the proposed project (a public park) is consistent with the General Plan designation and zoning on the project site and is also consistent with the Master Plan. The Coastal Development Permit (CDP) and Local Coastal Program Amendment (LCPA) adopted with the Master Plan also anticipated a park on this site. Therefore, the project will not conflict with any environmental plans or policies for the site. Surrounding uses (mostly residential) were developed with the knowledge that this site would provide a park. The park has been designed to reduce noise and light impacts to neighboring residential uses while protecting the native vegetation on the site from disturbance by outdoor activities. Thus, the project will not be incompatible with existing land uses in the vicinity. The project will not affect agricultural resources or operations. The site has been previously used to grow flowers. However, that use has already been discontinued. The project will not disrupt or divide an established community. The site is vacant and has been designated for development of a park. 11 Rev. 03128196 a7 11. Population and Housing The project is not in an undeveloped area and does not require the extension of major infrastructure. It is a site surrounded by development. The use will provide recreational opportunities for the residents of the surrounding community and the City as a whole. Therefore, the project will not induce substantial growth and will not result in the growth which exceeds official regional or local population projections. The project also will not displace any existing housing. The project site is an undeveloped parcel which was designated in the approved Master Plan for development with a park. 111. Geologic Problems A geotechnical investigation was prepared for the proposed project by Geotechnics, Incorporated in October 2001. Follow-up information from Geotechnics was provided in a letter dated November 9, 2001. That study and the follow-up information concluded that the proposed project is feasible on the subject site provided the recommendations and practices contained in the study are followed. No geotechnical conditions were found which would preclude the proposed project. The following statements reflect the conclusions in that geotechnical study. There are no known active faults underlying the project site. Any potential seismic hazards at the site are associated with ground shaking from an event along nearby active faults. This hazard is typically addressed through design in accordance with the California Building Code. The portion of the site where improvements are planned is underlain primarily by very dense formational materials with a relatively minor amount of surficial soil. The surficial soil will be removed and replaced as compacted fill as part of the site's development. There does not appear to be a shallow water table beneath the site. Following development of the site, the potential for liquefaction and associated dynamic settlement to occur at the site is remote. The project site is located at elevations above 100 feet MSL and there are no open water bodies near the site. Therefore, the potential for impacts due to tsunami or seiche is remote. The site contains no evidence of existing landslides. However, some slopes on the northern site boundary and in the canyon area do not meet minimum safety standards. Remedial grading is recommended to enhance stability in those areas, The project will be subject to all applicable City regulations governing grading and erosion control. These regulations ensure that potentially significant erosion will not result. No potentially significant changes in topography are proposed. The project will not result in unstable soil conditions. The proposed park will place fill over some marginally stable natural slopes to create ball fields. The fills will result in slopes that do not meet the generally accepted criteria for engineered slope stability. To stabilize these slopes, the project requires a combination of reconfiguration of the fill areas and construction of earthen buttresses. (See also the discussion under section VII. Biological Resources, below.) Some portions of the materials may include highly expansive soils. However, the study includes recommendations to reduce the potential effects of this condition (iq removal of from 2 to 5 feet of soils in some pad areas). The site does not contain any unusual geologic or physical features. IV. Water The proposed project is subject to all applicable City, State, and Federal regulations governing water runoff. The project is required to comply with the latest NPDES requirements. Two detention facilities are proposed (one north of the project and one south of the soccer fields). A Preliminary Hydrology Study dated October 1, 2001, was prepared for the project by P&D 12 Rev. 03/28/96 48 Consultants. The study concluded that these basins will limit the post-development flow to equal or less than the pre-development flow. Therefore, the proposed development will not result in potentially significant impacts in the form of changes in absorption rates, drainage patterns, or the rateiamount of surface runoff. The project site is located at elevations above 100 feet MSL. There are no water bodies on or near the project site. Therefore, the project will not result in exposure to water hazards such as flooding. With the installation of the detention basin, post- development storm runoff will reduce storm flows to a level such that post-construction flows will not increase for a 10-year 6-hour storm event. The project will not result in changes in currents or the course or direction of water movements. The project does not involve any direct additions or withdrawals to/from groundwater. Since there is no aquifer within the project site, there will be no interception of an aquifer. Therefore, there will be no impacts to groundwater quantity/quality or recharge capability. There also will be no impact to the flow of groundwater. The project will not place an extraordinary demand for water on the public water supply. Therefore, it will not result in any substantial reduction in the amount of groundwater otherwise available for such supplies. V. Air Ouality (b-d) The project (a park) is a use type which does not generally generate potentially significant pollution. The proposed structures will comply with all City regulations for maximum building height and required building separation. Therefore, the project will not expose sensitive receptors to pollutants and will not alter air movement, moisture, or temperature or cause a change in climate. Activities at the park also will not create objectionable odors. Trash containers will be placed conveniently on the site and will be emptied and cleaned regularly as part of the routine maintenance of the site. Thus, the project is not expected to create potentially significant objectionable odors. (See Section B.V. Air Quality, below, for discussion of potentially significant air quality impacts.) VI. TransportatiodCirculation (b-g) The proposed project will generate 473 average daily vehicle trips and will contribute incrementally to traffic and congestion on existing and planned roadways in the project vicinity. The street system for the proposed project will comply with all applicable City regulations and standards to ensure that no safety hazards result from the design. The proposed project will require 261 parking spaces, and 270 spaces will be provided on site. The site does not include, and is not near any rail, waterborne, or air traffic facilities and will not impact any such activities. (See Section B.VI. TransportatiodCirculation, below, for discussion of potentially significant traffic/circulation impacts.) VII. Biological Resources The project site is located within the "Hardline" area of the City's Draft Habitat Management Plan (HMP). As designed, the project stays within the HMP Hardline area with the exception of a buttress fill area (discussed below), which is necessary to stabilize slopes on the site. A general biological resource survey of the project site was conducted by P&D Environmental. Habitats mapped on the site included coast live oak woodland, scrub-oak-dominated maritime chaparral, southern maritime chaparral, disturbed coastal sage scrub, non-native grassland, agriculture, ruderal, disturbed, landscaped, and developed. Sensitive plants observed on the site include Del Mar manzanita, Nuttall's scrub oak, summer holly, wart-stemmed ceanothus, and Palmer's goldenbush. All of these plants except Palmer's goldenbush are HMP Covered Species. 13 Rev. 03/28/96 di9 Based upon this biological survey and mapping, the project has been designed to minimize potentially significant impacts to the sensitive resources. Potential jurisdictional waters exist on the northern portion of the site, where topographical features convey water to a cement-lined brow ditch along the northern property boundary. This area shows evidence of hydrologic activity, but does not support hydric soils or wetland indicator vegetation. The area of hydrologic activity is disjunct from a wetland or stream. Existing storm drains direct the flow from this area through pipes ultimately into a drainage. Review indicates that this area could be defined as isolated, and thus not jurisdictional by the Corp. However, in accordance with current interpretation of the Section 404 Permit, the Corps has taken jurisdiction in similar situations. There will be an encroachment into 0.09 acres of potential jurisdictional waters. This impact appears to be covered under a Nationwide 42 Permit and will require Section 401 certification by the Regional Water Quality Control Board if confirmed to be jurisdictional. The entire project site contains a total of ,549 acre of dual criteria slopes. The buttress fill activities will impact 5% (.027 acre) of those dual-criteria slopes. Those dual criteria slopes being impacted contain.disturbed coastal sage scrub. Even though this area is outside of the HMP Hardline area, no development of the area will occur; only grading to correct the stability problem. The area will then be revegetated with native plant material. Therefore, the deviation from the HMP Hardline boundary is not a potentially significant impact. Although there are no potentially significant direct impacts to resources from the project, specific mitigation measures were recommended as a result of the biological survey. Each of the recommended measures has been included in the proposed Mitigation Measures list and in the Mitigation Monitoring Report (attached). VIII. Energy and Mineral Resources Development of the proposed park will not conflict with any adopted energy conservation plans. The proposed park also is not expected to use non-renewable resources in a wasteful or inefficient manner. As with other projects, the park will be designed to be as energy-efficient as feasible. The buildings will utilize florescent light bulbs. The sports lights (fields) will be on a computerized system which results in their being on only when the fields are in use. The irrigation system will also be computerized with an over-ride capability. Further, the sprinkler system for the ball fields will utilize "valve-in-head" sprinklers, allowing each sprinkler to be controlled independently to minimize water usage and waste. The soccer fields will utilize artificial turf rather than grass. The development of a park on the site will not involve mineral extraction or other activities which would result in loss of a known mineral resource. IX. Hazards The use of the site as a park will not introduce hazardous substances or materials onto the site; nor will it increase the risk of explosion. The proposed use will require storage of some janitorial supplies, fertilizers, and other similar supplies. However, the storage and use of these materials in the quantities anticipated is typical of a park use and does not require permitting from the County Health Department, the Air Pollution Control District, or the Regional Water Quality Control Board. These materials have historically been exempt from permitting requirements. The proposed project will not interfere with any emergency response or evacuation plans and will not expose people to existing or new health hazards. The project will not increase fire hazard in the area. The proposed community building will be located near a 14 Rev. 03/28/96 30 canyon containing native habitat. That building is being designed to incorporate boxed eaves and minimal building openings in order to reduce any potential fire hazards to the structure and its occupants. x. Noise Any development of the site, including development of the proposed park, will contribute to a general increase in noise levels in the City. However, normal uses at the park would not be expected to generate sufficient noise to expose people to severe noise levels. Further, the park has been designed to buffer the adjacent residential uses from the park activities as much as possible. Therefore, the project is not expected to result in potentially significant noise impacts. XI. Public Se- All necessary public services are readily available for the site. The use itself will not generate any extraordinary demand for any particular public services. Therefore, the project will not result in potentially significant impacts to public services. XII. Utilities and Services Systems All necessary public utilities and services systems are readily available for the site. The use itself will not generate any extraordinary demand for public utilities or services. Therefore, the project will not result in potentially significant impacts to public utility or services systems. XIII. Aesthetics The project site is a mesa from which there are distant scenic views to the north and northeast of the project. The site does not, however, contain any designated public view corridors. The project is designed to enhance opportunities for the distant views available from the site. The community building incorporates a terrace which looks out to the north. The eastern part of the project will consist of generally open playing fields. The community building and other project structures/facilities are designed to be attractive and compatible with the surrounding development. These structures/facilities will comply with applicable development standards (e.g., setbacks, separation requirements, etc.). Therefore, the project will not negatively affect a scenic vista or a scenic highway and will not have a negative aesthetic effect. The project will included lighted ball fields. Therefore, there is the potential for light or glare. However, the light will be focused as much as possible onto the playing fields and will be shielded. In addition, the lighting will be controlled such that the lights are on only when the fields are in use. Therefore, the project will not result in potentially significant light or glare. XIV. Cultural Resources Prior to the City's acquisition of the park site, a cultural resources study and an EIR were prepared for the Pacific Rim (Aviara) Master Plan site (which included the park site) by WESTEC Services, Inc. Literature review, records search, field survey and testing identified two prehistoric sites within the park property. Both sites were tested to determine site significance. The first site was identified as significant, and mitigation of impacts was achieved through the completion of a data recovery program. The second site was tested and identified as not significant. Given the presence of a significant cultural resource which might contain burials, monitoring of the grading activities is being required as a mitigation measure. 15 Rev. 03/28/96 31 XV. Recreational The project will not increase the demand for parks or other recreational facilities since the project is a park. It will affect recreational opportunities by providing a new recreational opportunity for the community. The project will, therefore, satisfy some of the current and anticipated future need for recreational opportunities. B. Environmental Impact Discussion V. Air Ouality (a) In 1994 the City prepared and certified an EIR which analyzed the impacts which will result from the build-out of the City under an updated General Plan. That document concludes that continued development to build-out as proposed in the updated General Plan will have cumulative significant impacts in the form of 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 build-out as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan build-out, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is 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 Ovemding Considerations” for air quality impacts. This “Statement Of Ovemding Considerations” applies to all projects covered by the General Plan’s Final Master EIR. This project is within the scope of that MEIR This document is available at the Planning Department. VI. TransuortatiodCirculation (a) In 1994 the City prepared and certified a Master EIR which analyzed the impacts which would result from the build-out of the City under an updated General Plan. That document concluded that continued development to build-out as proposed in the updated General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate build-out traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the 16 Rev. 03/28/96 32 implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at build-out. To lessen or minimize the impact on circulation associated with General Plan build-out, numerous mitigation measures have been recommended in the Final Master EIR. These include 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 build-out of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all projects covered by the General Plan’s Master EIR. This project is within the scope of that MEIR This document is available at the Planning Department. An MEIR may not he 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 Road and El Camino Real, is in the process of being mitigated to below a level of significance. Additionally, there is no new available information, which was not known and could not have been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. 17 Rev. 03/28/96 33 111. 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 Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01), dated March 1994, City of Carlsbad Planning Department. 2. Final EIR for Pacific Rim Country Club and Resort (Aviara Master Plan), dated August 1986, Westec Services, Inc. mote: The "Pacific Rim Country Club and Resort" was later renamed "Aviara".) 18 Re*. 03/28/96 3+ LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. 2. 3. 4. 5. 6. 7. To mitigate potential soils and geological impacts of the project, all gradingiconstruction activities and operations shall comply with the recommendations of the soils and geotechnical investigation, (Geotechnics, Incorporated dated October 2001 and follow-up letter from Geotechnics dated November 9,2001) to the satisfaction of the City Engineer. The Developer shall install a physical bamer between the gradingiconstruction activities and the sensitive biological resources (including the Del Mar Manzanita) to prevent inadvertent impacts to off-site sensitive resources. All runoff shall be directed away from natural resource areas. The Developer shall provide a permanent physical barrier with signage (i.e., "No Trespassing") around all development that approaches native habitats to reduce human intrusion into biologically sensitive areas. The dual criteria slopes being impacted by the buttress fill grading shall be replanted with native vegetation. All lighting shall be designed to reduce light spillage and shall be oriented toward the active use areas to minimize glare to surrounding uses and to shield sensitive resources. a. Prior to issuance of a grading permit for the project, the developer shall provide verification to the City of Carlsbad that a qualified paleontologist has been retained to implement the resource mitigation monitoring on the site. A qualified paleontologist is an individual with adequate knowledge and experience with fossilized remains and who will be present during grading to identify paleontological resources in the field and is adequately experienced to remove the resources for further study. Verification shall be by letter from the applicant and paleontologist to the City and approved by the City's Planning Director. b. The qualified paleontologist shall attend any pre-grading and/or pre-construction meeting to consult with the grading and excavation contractor(s). The requirement for paleontological monitoring shall be noted on the grading and construction drawings. c. The paleontologist shall be on the site full time at all times during the grading activities. Monitoring may be increased or decreased at the discretion of the paleontologist, in consultation with the City, and will depend on the rate of excavation, the fossil materials excavated, and their abundance. d. The paleontologist shall be allowed to halt, divert, or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, to salvage artifacts. The City Planning Department shall be immediately notified and shall respond to the finding within 48 hours and shall approve salvaging procedures to be performed before initial grading activities are allowed to resume in the affected area. e. All fossil remains collected shall be cleaned, sorted, catalogued, and then donated to a public, non-profit institution that houses paleontological collections. 19 Rev. 03/28/96 35 f. A monitoring results report summarizing the results, analysis, and conclusions of the above program, even if negative, shall be submitted to the City's Planning Director within three months following the termination of the paleontological monitoring program. g. Any conflicts regarding the role of the paleontologist and the grading/construction activities on the project shall be resolved by the Planning Director and City Engineer in consultation. 20 Rev. 03128196 36 ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) Attached 21 Rev. 03128196 37 APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. A 22 Rev. 03/28/96 38 JANUARY 24,2002 -ADDENDUM 1 TO EIA FOR CUP 01-22/HDP/01-07CDP 01-31 FOR ZONE 19 PARK The California Environmental Quality Act (CEQA) Section 15164 addresses the circumstances under which an addendum to an EIR or Negative Declaration is required and the required procedures for an addendum. Pursuant to that section an addendum may be prepared if only minor technical changes or additions are necessary and those technical changes or additions do not trigger a supplemental EIR or Negative Declaration. Section 15164 also directs that an addendum need not be circulated but can be included in or attached to the final Negative Declaration. City staff has chosen to attach an addendum to the Negative Declaration for this project, even though the proposed project is not changing in any way, in an effort to fully inform the decision-makers and the public regarding two items. The first is the proposed building height and the second is the anticipated trip generation of the proposed park. Buildinq Heiqht First, this project requires the approval of a Minor Master Plan Amendment for the building height of the proposed community building. Staff had initially determined that the building height was consistent with the height limitation on the property through an interpretation of the Municipal Code. However, upon further consideration staff determined that a Minor Master Plan Amendment was required to achieve the proposed building height. The amendment is necessary to change the maximum height allowance called out in the Aviara Master Plan to be consistent with the height allowed in the 0-S (Open Space) zones throughout the City. When the Master Plan was approved an impracticable building height limit of 18' was included in the Master Plan. The reason for this height limitation is not clear. However, it is more restrictive than the height limit for similar uses in 0-S zones elsewhere in the City. In addition, after the Master Plan was approved, the City changed its definition of "building height" (Le., the way in which height is measured). In the past, building height: a) was measured to the mid-point of a structure and, b) was measured from a point 5' outside of the structure. Later the building height definition was changed to measure building height to the peak of the roof and to measure it from all points of the structure. This change effectively and inadvertently lowered the maximum allowed building height in some of the planning areas in the Master Plan (including the project site). Finally, the current height restriction effectively precludes the development of a gymnasium or other similar public building. These buildings typically must be 30' or higher in order to allow adequate light and air into the building while accommodating public gatherings. One portion of the proposed community building (the multi-purpose room) would measure 32'3%" at its peak. The remainder of the community building would be at a lower height, varying 39 JANUARY 24,2002 -ADDENDUM 1 FOR ZONE 19 PARK Paqe 2 from 16’ to 21’. The average of the various roof heights for the community building would be 17’2”. Heights of the other proposed structures on the site are under 18’. It should be noted that the proposed building height has not changed since the original EIA Part II was prepared for the project. However, that EIA Part II did not specifically reference the Master Plan Amendment application number (MP 177(DD)) and did not specifically discuss the needed amendment. Therefore, staff determined that it was appropriate to prepare an Addendum to the original EIA Part 11. Trir, Generation The second item requiring explanation is the trip generation for the project. The original EIA Part II stated that the proposed park would generate 473 ADT (average daily trips). That figure was based upon the trip generation calculation for a regional park. However, the proposed park is a city park rather than a regional park. Therefore, the anticipated trip generation figure should be 1,000 ADT. The project was reviewed and evaluated for the correct trip generation. However, the number in the EIA Part II was not corrected. The street system around the park remains adequate to handle all traffic to be generated by the park and no mitigation requirements result from this calculation correction. Summary The City will hold a public hearing on this project. No new mitigation is proposed or required as a result of the application for Minor Master Plan Amendment or the revised trip generation figure and thus, is not made a condition of the project. The obtaining of appropriate permits (i.e., a Minor Master Plan Amendment) is required of the project applicant. The Amendment application has been added to the other permits being processed and has thus been incorporated into the project. Therefore, no recirculation of the environmental document is required. The mitigation measures originally included in the Mitigation Monitoring Report will continue to be adequate for the project. TO EIA FOR CUP 01-22/HDP/OI-O7CDP 01-31 ENVIRONMENTAL 1. ,'IGATION MONITORING CHECKL.,T: Page 1 of 2 ENVIRONMENTAL h.. . IGATION MONITORING CHECKL. .I r: Page 2 of 2 E 0 20 2 f n 1 2 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5156 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MINOR MASTER PLAN AMENDMENT FOR PROPERTY GENERALLY LOCATED AT THE NORTHERN TERMINUS OF AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: ZONE 19 PARK CASE NO: MP 177(DD) WHEREAS, City of Carlsbad, "Developer", has filed a verified application with the City of Carlsbad regarding property owned by City of Carlsbad, "Owner", described as Those portions of Section 35, Township 12 South, Range 4 West and Section 2, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to official plan thereof, said property being more particularly described in Exhibit "A" of Quitclaim Deed recorded March 28, 1989 as File No. 89-157040 of official records of said San Diego County. ("the Property"); and WHEREAS, said verified application constitutes a request for a Minor Master Plan Amendment as shown on Exhibit "X" dated February 20,2002, attached hereto and on file in the Carlsbad Planning Department ZONE 19 PARK - MP 177(DD) as provided by MP 177 (AVIARA MASTER PLAN) and Chapter 21.38 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of February 2002, consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Minor Master Plan Amendment. 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. c/3 1 ? ' - L I - t - I E s IC 11 12 11 14 15 16 17 18 19 2c 21 22 23 24 25 26 21 28 B) That based on the evidence presented at the public hearing, the Commission APPROVES ZONE 19 PARK - MP 177(DD) based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. 5. 6. 7. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated February 20, 2002 in that the proposed park use is the use anticipated for the project site in the approved Aviara Master Plan and the approved Master Plan has already been found to be in conformance with the General Plan. That all necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the Capital Improvement Program applicable to the subject property, in that public facilities necessary for the development of Aviara Planning Area 32 (this park site) will be completed in accordance with the Aviara Master Plan and the Zone 19 Local Facilities Management Plan. That the residential and open space portions of the community will constitute an environment of sustained desirability and stability, and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof, in that the proposed park is of the same size as originally anticipated and approved in the Aviara Master Plan, which was consistent with the City's Growth Management requirements, and the park will have indoor and outdoor recreational areas to serve both adults and children. That in the case of institutional, recreational, and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected from any adverse effects from such development, in that a) the lighting of the proposed park area will be designed and focused to minimize light and glare to surrounding areas, b) fencing and walls will he incorporated to prevent human intrusion and block vehicle lights, c) and operating hours and conditions will be monitored to ensure that activities at the park do not become a nuisance to surrounding developments. That the streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon, in that the project will be served by Poinsettia Lane (a major arterial) and Ambrosia Lane which can accommodate the anticipated traffic to be generated by the use (1,000 ADT). That the area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development, in that the approved Master Plan already designates this site for a public park use. That appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted Environmental Impact Report for the project, in that all applicable mitigation measures have been incorporated into the project, and a Mitigated PC RES0 NO. 5156 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 la 1s 2c 21 22 23 24 25 26 27 28 Negative Declaration and Mitigation Monitoring & Reporting Program to mitigate light, noise, and other potential impacts has been issued by the Planning Director. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Master Plan document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 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 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 feesiexactions 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. 5156 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of February 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Heinernan, Segall. White, and Whitton NOES: ABSENT: Commissioner Dorninguez ABSTAIN: S& ss, SEENA TRIGAS, Chairperson CAIUSBAD PLANNING COMMISSION ATTEST: MICHAEL J.MLZ&LLER Planning Director PC RES0 NO. 5156 -4- Exhibit "X" MP 177(DD) February 20,2002 Planning Area 32: Pacific Rim Park Height: The maximum height allowed in Planning Area 32 and 32a is +Meet aspermitted in the 0-S Zone (Chapter 21.33 of the Carlsbad Municipal Code) and as defined by Section 21.04.065 of the Carlsbad Municipal Code. The maximum height allowed in Planning Area 32b is 30 feet. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5109 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A COMMUNITY PARK ON PROPERTY GENERALLY LOCATED AT THE NORTHERN TERMINUS OF AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: ZONE 19 PARK CASE NO.: CUP 01-22 WHEREAS, City of Carlsbad, “Developer”/”Owner” has filed a verified application with the City of Carlsbad regarding property described as Those portions of Section 35, Township 12 South, Range 4 West and Section 2, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to official plan thereof, said property being more particularly described in Exhibit “A” of Quitclaim Deed recorded March 28, 1989 as File No. 89-157040 of official records of said San Diego County. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A“ - “N” dated February 20, 2002, on file in the Carlsbad Planning Department, ZONE 19 PARK - CUP 01-22, as provided by Chapter 21.42 andor 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of February 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 CUP. 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. 48 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission APPROVES ZONE 19 PARK - CUP 01-22 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that a) the proposed park use is the use anticipated by the OS General Plan designation and the 0-S zoning on the site and by the Aviara Master Plan; and b) the park design provides adequate setbacks from surrounding residential uses as required by the Master Plan, and incorporates screening (wall and landscaping), and is conditioned to require that all lighting be designed and oriented to minimize impacts to surrounding uses. That the site for the intended use is adequate in size and shape to accommodate the use, in that the site can accommodate all the proposed uses while providing setbacks which exceed the minimum requirement and providing adequate circulation and parking on-site. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that a) the park design provides an 80' setback from Poinsettia Lane and a 42' setback on the south side of the parking area, and a 44' setback from residential uses to the east of the park; and b) the project includes landscaped block walls along the east and south sides of the park near residential uses. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project will be served by Poinsettia Lane (a major arterial) and Ambrosia Lane which can accommodate the anticipated traffic to be generated by the use (1,000 ADT) and all necessary parking (270 spaces). That it is to be developed as part of a master-planned recreation area, industrial park, regional or community shopping center, in that the Aviara Master Plan designates this site (Planning Area 32) as a park site. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading permit or building permit, whichever comes first. Planning: 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 PC RES0 NO. 5109 -2- ii9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 8. future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation IO 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 Conditional Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. The 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 Minor Master Plan Amendment/ConditionaI Use PermitEIillside Development PermitlCoastal Development Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) DevelopedOperator’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 Site Plan 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 Carlsbad Unified 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 19 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. PC RES0 NO. 5109 -3- 53 1 .. ' L C f F s 1C 11 1; 12 14 15 It 17 18 1s 2c 21 22 23 24 25 26 27 28 9. 10. 11. 12. 13. 14. 15. 16. 17. 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. Approval is granted for CUP 01-22 as shown on Exhibits "A" - "N", dated Februan 20, 2002, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. A. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. B. This Conditional Use Permit is granted. This permit may .be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This approval is granted subject to the approval of MP 177(DD), HDP 01-07, and CDP 01-31 and is subject to all conditions contained in Planning Commission Resolutions No. 5156,5110, and 5111 for those other approvals incorporated herein by reference. The Developer shall implement, or cause the implementation of, the Zone 19 Park Project Mitigation Monitoring and Reporting Program. This approval shall become null and void if building permits are not issued for this project within 2 years from the date of project approval. This approval shall be null and void if the project site subject to this approval is not annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall not issue any grading, building, or other permit, until the annexation is completed. The City Manager is authorized to extend the 60 days, for a period not to exceed 120 days, upon a showing of good cause. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. The Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the PC RES0 NO. 5109 -4- 5" 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Planning Director. Enclosure shall be of similar colors andor materials to the project to the satisfaction of the Planning Director. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. The Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Compact parking spaces shall be located in large groupsj and in locations clearly marked to the satisfaction of the Planning Director. Developer shall construct, install and stripe not less than 270 parking spaces, as shown on Exhibits “A“ - “N“. The applicant shall pay an agricultural conversion fee, in an amount to be calculated by the Planning Director, as part of the city’s Agricultural Land Conversion Mitigation program. Exterior activities lights (i.e., field lights and court lights) shall be turned off at 1O:OO p.m. with the exception that one bank of lights can remain on until 1O:lO p.m. for purposes of safety in exiting the area. Use of the playing fielddcourts after 1O:OO p.m. is prohibited. Music exterior to the community building is prohibited after 1O:OO p.m. “Jazz-in-the-Park” activities are prohibited at this park. Developer shall construct, install and stripe not less than 270 parking spaces, as shown on Exhibits “A” - “N”. The Developer shall limit the concurrent activities andlor total occupancies at this park such that the parking demand does not exceed 270 parking spaces. Engineering: General 28. 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. 29. 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. PC RES0 NO. 5109 -5- 2-a 1 2 3 4 5 t 7 E 9 10 11 12 13 14 15 16 IS 18 19 20 21 22 23 24 25 26 27 28 30. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. Grading 31. 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. 32. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 33. Based upon a review of the proposed grading and the grading quantities shown on the site plan, 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 for the project. Dedicationsfimprovements 34. 35. 36. Developer shall install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. Developer shall construct the following improvements including, but not limited to (paving, base, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water), to City Standards to the satisfaction of the City Engineer. A. Remove existing paving, curb, gutter, and sidewalk at the cul-de-sac on Ambrosia Lane and reconstruct paving curb, gutter and sidewalk per City Standards as shown on the site plan. B. Relocate the existing 12-inch potable water main traversing the site. The water main shall be placed within the proposed drive aisle of the parking lot as shown on the site plan. C. Extend a new 12-inch recycled water main from Ambrosia Lane to the northerly property line as shown on the site plan. D. Extend portion of paving, curb, gutter, and sidewalk, per City Standards, along existing westerly terminus of Poinsettia Lane to accommodate the access drive for the proposed maintenance building. 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 PC RES0 NO. 5109 -6- 5-3 1 2 3 4 5 6 5 8 9 IC 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 37. 38. 39. 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. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Prior to the issuance of grading or building permits, whichever occurs first, Developer shall submit and obtain City approval for a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall demonstrate compliance with latest 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 practical, storm water pollutant iunoff at both construction and post-construction phases of the project. At a minimum, the SWPP shall: A. Identify existing and post-development on-site pollutants. B. Recommend source control Best Management Practices (BMPs) to filter said pollutants. C. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee and customer education on the proper procedures for handling clean up and disposal of pollutants. D. Ensure long-term maintenance of all post construct BMPs in perpetuity. E. 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 event. Prior to building permit or grading permit issuance, whichever occurs first, Developer shall submit and obtain approval of the City Engineer, for the structural section for the PC RES0 NO. SI09 -7- j" 1 1 t s 5 I( 11 1; 1: 14 1: It li 18 15 2c 21 22 23 24 25 26 21 28 access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R- value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. 40. Developer shall incorporate into the gradindimprovement 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. Design could consist of a modified outlet headwall to the satisfaction of the City Engineer. Fire: 41. The east elevation of the community building must incorporate "blocked eaves" for fire protection purposes. Water: 42. 43. 44. 45. 46. 47. 48. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to determine if additional 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. The Developer shall design and construct pubtic facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diero Countv Water Authority caDacitv charae(s) prior to issuance of Building Permits. The Developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the District Engineer. The Developer shall design landscape and imgation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, and recycled water facilities substantially as shown on the site plan to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. PC RES0 NO. 5109 -8- 1 2 3 4 z - c - I F S 1c 11 12 13 14 15 16 17 18 15 20 21 22 23 24 25 26 21 28 49. Prior to issuance of building permits, whichever is first, the entire potable water ana recycled water 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. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 50. 51. 52. 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. 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 final approval to protest imposition of these feesiexactions. 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 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 fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... PC RES0 NO. 5109 ... -9- 1 2 3 4 5 6 1 8 9 10 11 12 13 14 15 It 1; 16 IS 2( 21 2; 2: 21 2: 2t 2: 2f PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of February 2002 by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Heineman, White, and Whitton NOES: ABSENT: Commissioner Dominguez SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5109 -10- Segall. 3-7 1 2 3 4 5 6 5 E s 1c 11 12 13 14 15 It 17 1E IS 2c 21 2; 23 24 2: 2f 2; 2E PLANNING COMMISSION RESOLUTION NO. 5110 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED AT THE NORTHERN TERMINUS OF AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: ZONE 19 PARK CASE NO: HDP 01-07 WHEREAS, City of Carlsbad, “Developer”i”0wner” has filed a verified application with the City of Carlsbad regarding property described as Those portions of Section 35, Township 12 South, Range 4 West and Section 2, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to official plan thereof, said property being more particularly described in Exhibit “A“ of Quitclaim Deed recorded March 28, 1989 as File No. 89-157040 of official records of said San Diego County. (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits “A“ - “N” dated February 20, 2002, on file in the Carlsbad Planning Department, ZONE 19 PARK - HDP 01-07, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 20th day of February 2002, consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Hillside Development Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 1 ,. A .. - L c t L I E s 1c 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission APPROVES ZONE 19 PARK - HDP 01-07, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. 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 proposed project a) implements the goals and objectives of the Open Space Element of the General Plan by preserving sensitive resources and providing for recreational open space; b) incorporates architectural design which relates to the site; and, c) preserves the aesthetic qualities of the site by minimizing the amount of project grading as much as possible. That the proposed development or grading will not OCCUT in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that development generally will not occur in steep slope areas with two exceptions: a) a small area (1,260 square feet) for the basketball courts, and b) a small area (.03 ac) of dual-criteria slopes which will be disturbed only for grading which is necessary to stabilize currently unstable slopes. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the proposed community building incorporates design features (e.g., pitched roof) which contribute to compatibility with the project site and surrounding uses. That the project design and lot configuration minimizes disturbance of hillside lands, in that the proposed project development area stays within the mesa area and does not encroach into steep slopes except for a small amount of remedial grading (.03 ac) which is necessary to stabilize slopes. That the site has unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading, in that the site contains an area of unstable slopes which must be corrected to provide slope stability. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading permit or building permit, whichever comes 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 PC RES0 NO. 5110 -2- 59 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 25 28 2. 3. 4. 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. 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. Approval is granted for HDP 01-07 as shown on Exhibits “A“ - “N”, dated February 20, 2002, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. This approval is granted subject to the approval of MP 177(DD), CUP 01-22, and CDP 01-31 and is subject to all conditions contained in Planning Commission Resolutions No. 5156,5109, and 5111 for those other approvals incorporated herein by reference. 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. 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. 5110 -3- 1 2 3 4 4 t i E s IC 11 12 I? 1L 1: 1t 1; 18 1s 2( 21 2; 2: 2f 2: 2f 2: 2i PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of February 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Heineman, Segall, White, and Whitton NOES: ABSENT: Commissioner Dominguez ABSTAIN: SEENx TRIGAS, Chairperson U CARLSBAD PLANNING COMMISSION ATTEST: 1 MICHAEL J. HOL&ILLER Planning Director PC RES0 NO. 5 110 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5111 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROPERTY GENERALLY LOCATED AT THE NORTHERN TERMINUS OF AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: ZONE 19 PARK CASE NO.: CDP 01 -3 1 WHEREAS, City of Carlsbad, “Developer”/”Owner” has filed a verified COASTAL DEVELOPMENT PERMIT CDP 01-31 ON application with the City of Carlsbad regarding property described as Those portions of Section 35, Township 12 South, Range 4 West and Section 2, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to official plan thereof, said property being more particularly described in Exhibit “A“ of Quitclaim Deed recorded march 28,1989 as File No. 89- 157040 of official records of said San Diego County. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “N” dated February 20, 2002, on file in the Planning Department, ZONE 19 PARK - CDP 01-31 as provided by Chapter 21.201.040 ofthe Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of February 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. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission APPROVES ZONE 19 PARK - CDP 01-31 based on the following findings and subject to the following conditions: Findines: 1. 2. 3. 4. 5. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that a) no protected agricultural lands exist on or near the site; b) no coastal access is possible or needed through the project site; c) any erosion will be controlled by grading in conformance with applicable City standards; d) the site contains no designated vista points or view corridors; and, e) the environmentally sensitive habitat on the site will remain undisturbed except for the minor amount (40%) of disturbance necessary to allow the proposed use and to correct the existing slope instability and which requires no mitigation. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is not located along the shoreline and this cannot provide any public access to the shoreline and cannot provide any coastal recreational opportunities. The project site is not subject to the requirements of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Carlsbad Municipal Code) because the site is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1980. The project site is not subject to the requirements of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Carlsbad Municipal Code) because the site is not located between the sea and the first public road parallel to the sea. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code) in that a) the project will comply with all applicable City grading regulations and NPDES requirements to avoid increased runoff and soil erosion, and b) the project will not encroach into steep slopes or sensitive resources beyond the minor encroachment (40%) allowed by Section 21.203.040 of the Carlsbad Municipal Code and required to allow the proposed use and to correct the existing slope instability. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading permit or building permit, whichever comes first. I. 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 PCRESONO.5111 -2- L3 1 2 3 4 S 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 25 28 2. 3. 4. 5. 6. 7. vested rights are gained by Developer or a successor in interest by the City’s approval of this Coastal Development Permit. 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. Approval is granted for CDP 01-31 as shown on Exhibits “A” - “N”, dated February 20, 2002, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. This approval is granted subject to the approval of MP 177(DD), CUP 01-22, and HDP 01-07 and is subject to all conditions contained in Planning Commission Resolutions No. 5156,5109, and 5110 for those other approvals incorporated herein by reference. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 ofthe Zoning Ordinance. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. Grading activities shall be limited to the “dry season”, April 1st to October 1st of each year. All grading activities shall be planned in phases so that can be completed by October 1st. Grading activities may be extended to November 15th upon written approval of the City Engineer, obtained in advance, and only if all erosion control measures are in place by October 1st. 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 feesiexactions 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 PC RES0 NO. 51 11 -3- 64 1 2 3 4 5 6 1 1 8 5 1C 11 12 12 14 15 1f 1; 1f 1: 2( 21 2: 2: 2r 2: 2t 2: 2> NOTICE similar to this, or as to which the statute of limitations has previously otheruise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of February 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Heineman, Segall, White, and Whitton NOES: ABSENT: Commissioner Dominguez ABSTAIN: SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION v ATTEST: Planning Director PCRESONO. 5111 -4- me City of CARLSBAD Planning Departmeh. EXHIBIT 5 A REPORT TO THE PLANNING COMMISSION Item No. @ Application complete date: N/A P.C. AGENDA OF: February 20,2002 Project Planner: Elaine Blackburn Proiect Enemeer: Jeremy Riddle SUBJECT: MP 177(DD)/CUP 01-22/HDP 01-07/CDP 01-31 - ZONE 19 PARK - Request for a Minor Master Plan Amendment to the Aviara Master Plan for Planning Area 32 and a Conditional Use Permit, Hillside Development Permit, and Coastal Development Permit, and addendum to the EIA Part I1 to develop a community park on a site located at the northern terminus of Ambrosia Lane within Local Facilities Management Zone 19. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5108 ADOPTING a Mitigated Negative Declaration, and Addendum, and a Mitigation Monitoring and Reporting Program and ADOPT Planning Commission Resolution No. 5156 APPROVING MP 177(DD) and ADOPT Planning Commission Resolutions No. 5109, 51 10, and 51 11 APPROVING CUP 01-22, HDP 01-07, and CDP 01-31 based upon the findings and subject to the conditions contained therein. 11. Z_NTRODUCTION The project involves the City's development of a park in Planning Area 32 of the Aviara Master Plan located at the northern terminus of Ambrosia Lane at Poinsettia Lane. The proposed project would include a 17,768-square foot community building, a maintenance building, restrooms and storage area, ball fields for softball and soccer, basketball courts, a picnic area, and a tot lot. The proposed project complies with all applicable regulations and development standards with the exception of building height, for which a Minor Master Plan Amendment is being requested. With the inclusion of the requested Minor Master Plan Amendment there are no unresolved planning issues. If the Planning Commission chooses to approve the requested actions, the Minor Master Plan Amendment (MP 177(DD)) would need to be approved first, prior Lo approving the remaining permits, in order to preserve consistency with the Master Plan. 111. PROJECT DESCRIPTION AND BACKGROUND Site Description The project site is a 25-acre parcel located at the northern terminus of Ambrosia Lane. The site is an irregularly-shaped mesa, the top of which is relatively level. There are steep slopes and a canyon drainage to the north. The northern slopes are steeper than 1:l. Elevations on the site range from 208 feet above Mean Sea Level (MSL) in a canyon bottom at the northem end of the site to 326 feet above MSL in the mesa area. Much of the mesa area was previously used to grow flowers. The site contains unpaved roads and a buried irrigation system for the flower- growing operation. The slope areas include both native and non-native vegetation. Existing MP 177(DD)/CUP 01-22MUP 01-07ICDP 01-31 -ZONE 19 PAlW February 20,2002 drainage basins are partially draining to all sides of the site, with the majority of the site flowing to the north. The project site has Open Space General Plan and P-C (Planned Community) zoning with an underlying 0-S (Open Space) zoning designation and is currently undeveloped. There is existing development located to the north, south and east. Canyon and open space areas exist to the west of the site. The areas to the north, east, and west of the project site are outside of the Aviara Master Plan. Only the area to the south of the project site is within the Master Plan area. The area to the north of the site has a PI (Planned Industrial) and OS (Open Space) General Plan designation and P-M (Planned Industrial) zoning and is developed with an industrial park. The area to the east of the project site has a General Plan designation of RM (Medium Density Residential) and RD-M (Residential Density-Multiple) zoning. Development in this area is residential. The area to the west of the project site has an RLM and OS (Low-Medium Density Residential and Open Space) General Plan designation and R-I-Q/O-S (single family and open space) zoning. This area is generally open space. The areas to the south of the project site include Planning Areas (PA) 19, 20, and 32B. PA 19 (on the east side of Ambrosia Lane north of Poinsettia Lane) has an RMH General Plan designation and P-C zoning. This area is developed with residential uses. PA 20 (east of Ambrosia Lane and south of Poinsettia Lane) has an RH General Plan designation and P- C zoning. This area is also developed with residential uses. PA 32B (west of Ambrosia Lane and south of Poinsettia Lane) has an RM General Plan designation and P-C zoning. This area is the location of the recently approved Daybreak Church, currently under construction. Proiect Description The proposed project is a public park which would consist of several structures and outdoor recreation areas. Proposed structures include a community building (17,768 square feet), a maintenance building (1,200 square feet), two restroom buildings (625 square feet), and a storage room (approximately 400 square feet) attached to one of the restrooms. The community building would contain a multi-purpose room. activity room, senior family room, meeting room (which can be curtained off into two smaller rooms), a kitchen, and various storage and office areas for staff use. This park has been designed to accommodate special events (e.g., weddings). Thus, special attention has been given to the placement, design, and architecture of the community building. The proposed grading will be terraced between the use areas, dropping down from west to east. The proposed community building would be on the northwestern edge of the mesa. This location places the building as far away from surrounding residential uses as possible and at the high point of the site (322’ elevation). The large multi-purpose room would be located in the northwestern portion of the community building to take advantage of the scenic views available. The building also incorporates several terraces to further utilize this scenic opportunity. The community building would be of SpanisWMediterranean design consistent with the prevailing architectural themes in the surrounding residential areas. Outdoor recreational areas include a baseball field, two soccer fields, two basketball courts, a tot lot, and a picnic area. Parking is provided in two locations: one adjacent to the community building and the soccer fields and another adjacent to the baseball fields, tot lot and picnic area. The project would require 261 parking spaces and would provide 270, thereby meeting and exceeding all parking requirements. (See Section IV. B. of this report for a detailed discussion of parlung.) & 7 MF' 177(DD)/CUP 01-22ML)P 01-07iCDP 01-31 -ZONE 19 PARI( February 20,2002 The park will include various types of exterior lighting. Lighting for parking areas would be on 25-foot high standards. The baseball field lighting would incorporate 60-foot high and 70-foot high light standards. The soccer field would incorporate 80-foot high light standards. All lighting would be focused and shielded to minimize light spillage onto neighboring residences and sensitive vegetation. Lights for the playing fields will be turned off at 1O:OO p.m. with the exception that one bank of lights for each field could be left on for 5-10 minutes to allow safe exiting from the fields. The proposed project incorporates walls and fencing in several locations. A 6-foot high landscaped block wall would be placed along the edges of the parking areas on the southeast portion of the project to reduce visual and light impacts to the residences to the east and south of the project site. The existing chain link fence on the east side of the site will remain in place. The project plans provide the opportunity for a gate in this area if the neighboring homeowners in Poinsettia Hills would like to provide one. The proposed park project does not include the gate. Black vinyl-coated chain link fencing would be used in several areas to minimize accidental intrusion into the sensitive habitat areas. This fencing would be from 3% to 6 feet high in various areas along the northern and westem portions of the site. The soccer and baseball fields would include black vinyl-coated perimeter fencing. The community building would incorporate a terraced edge wall on the west and north sides, and the maintenance building would incorporate a screening wall. Finally, a 10-foot high retaining wall would be necessary at the toe of a slope in the northeastern comer of the site. This would be a flexible plantable wall. Some chain link or other fencing may be required around the proposed dentention basin. Public vehicular access to the park would be from Ambrosia Lane. The existing cul-de-sac terminus of Ambrosia Lane would be eliminated and the street would transition to a driveway into the park. This access point is as originally anticipated for the project and shown on the exhibits in the approved Aviara Master Plan. Access to the maintenance building would be from a right-idright-out only driveway connecting directly to Poinsettia Lane. Direct property access to a major arterial (Le., Poinsettia Lane) is typically prohibited or limited. In this case, the direct access point would be for maintenance vehicles only. This would consist of one trip per week by the local waste hauler truck and approximately one trip per month for deliveries. Therefore, the proposed access locations and utilization are consistent with the City's intersection spacing policies and other applicable traffic/circulation standards. The right-of-way widths for Ambrosia Lane and Poinsettia Lane conform to City standards and no additional right-of-way dedications are required. No off-site improvements are required and no standards waivers are required. Water service to the project will be provided via a proposed on-site system that connects to an existing water main in Ambrosia Lane. Water easements will be granted to the Carlsbad Municipal Water District via separate documents to ensure access to proposed public facilities. Sewer lines to this project will gravity flow, via proposed on-site sewer laterals that connect to an existing sewer main system in Ambrosia Lane. Incorporation of detention basins on the site will ensure compliance with both the Coastal Zone runoff requirements and the latest regulations issued by the California Regional Water Quality Control Board. As stated above, grading for the project would result in terraced pads stepping down from west to east. The grading would be balanced on site. Some remedial grading would be required to stabilize an existing slope instability condition. (See Section IV. E. "Hillside Development Regulations" of this report for a detailed discussion of the proposed grading.) MP 177(DD)/CLJF' 01-22MDP 01-07KDP 01-31 -ZONE 19 PARK February 20,2002 Activities at this park would be subject to the same standards and regulations as are other City parks, including City Council Policy 28 and the City Recreation Department's "Facility Use Regulations." These regulations, along with standard park operating policies, would govern the times of activities and other considerations of use. Under these regulations organized outdoor activities would end at 1O:OO p.m. week nights and weekend nights. Activities inside of the community facility could continue until 1 :00 a.m. at the latest. Since this building could be used for weddings and similar activities, music (live and otherwise) would be allowed inside the building. However, music would not be allowed on the patio areas (on the north and west side of the building) after 1O:OO p.m. There would be approximately two full-time staff members at the facility at most times. In addition, some specific conditions of approval regulating activities at the park have been included in Planning Commission Resolution No. 5 109 (attached). "Jazz in the Park" will not be scheduled for this facility because there is no on-street overflow parking available for such events. Staffhas, therefore, included a condition to this effect. The development of this park has been anticipated since the Aviara Master Plan was approved in 1987. The Master Plan included information about the development standards for the park and the general layout of and access to the park. (Exhibits were included in the Master Plan). In addition, purchasers of the neighboring properties (e.g., Brindisi and Poinsettia Hills) were notified of this information in the form of formal disclosures before they purchased their homes. There has also been a sign posted at the park's future entrance announcing the park and lighted fields. That sign has been in place since the Brindisi project opened for sale of units. More recently, the City held two public workshops to invite public input on the design of the Park through the development of the Zone 19 Park Master Plan. One workshop was held early in 2001 and another was held in early December, 2001. Invitations to these workshops were mailed out to owners of surrounding properties and were posted in both public libraries and at Stagecoach Park (the closest existing park to the project site). Copies of the Zone 19 Park Master Plan and related exhibits were posted at the libraries. The City received over 90 responses to this information. The Zone 19 Park Master Plan and the comments received were provided to the City Council. A third public meeting (with invitations to the surrounding property owners) was held at the Dove Library on December 19,2001. IV. ANALYSIS The project is subject to the following regulations and requirements: A. Minor Master Plan Amendments (Chapter 21.38.120 of the Carlsbad Municipal Code); B. General Plan 0-S (Open Space) designation; C. Open-Space Zone and Conditional Use regulations (Chapters 21.33 and 21.42 of the Carlsbad Municipal Code); D. Aviara Master Plan (MP 177) regulations; E. Hillside Development Permit regulations (Chapter 21.95 of the Carlsbad Municipal Code); MP 177(DD)/CUP 01-22klDP 01-07/CDP 01-31 -ZONE 19 PARK February 20,2002 Page 5 F. Coastal Development regulations for the Coastal Resource Protection Overlay Zone, and Coastal Resource Overlay Zone Mello I LCP Segment (Chapters 21.201, 21.203, and 21.205 of the Carlsbad Municipal Code); and, G. Growth Management regulations (Chapter 21.90 of the Carlsbad Municipal Code); The recommendation for approval for this project was developed by analyzing the project's consistency with the applicable City regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. Minor Master Plan Amendment (Aviara Master Plan) The applicant is requesting an amendment to the Aviara Master Plan development standards for Planning Area 32 to increase the maximum height allowed on the site from 18' (under the current Master Plan) to the height normally allowed in the city's Open Space zones (25' plus any additional height allowed by approval of a conditional use permit (CUP)). This type of amendment is considered minor in nature pursuant to Section 21.38.120 of the Carlsbad Municipal Code and, thus, does not require a public hearing with official noticing to surrounding property owners and does not go on to City Council. However, since the amendment is directly related to the development permits for the project, staff has included the proposed amendment and the project permits in a single staff report rather than in two separate staff reports. If the Planning Commission chooses to approve all of the requested actions, it would be necessary to vote on the Minor Master Plan Amendment (MP 177(DD)) first, then approve the remaining permits (CUP, HDP, CDP) as a separate second action. This would be necessary to preserve consistency with the Master Plan. (Note: The Master Plan Amendment application number, MP 177(DD), was also included in the hearing notice for the project to ensure full disclosure.) Several factors influenced staffs recommendation for approval of the proposed Master Plan Amendment: 1) the reason for the original 18' height limit, 2) a change in the City's building height definition (i.e., the way building height is measured), and 3) the normal height limit allowed in the 0-S (Open Space) Zones throughout the City and achieved by other City parks. 1. When the Aviara Master Plan was approved the document contained a building height limit of 18' for Planning Area 32 (the park site). This may have been the result of a lack of detailed plans for the ultimate park development or may have been simply an error in the text of the Master Plan. An 18' height limit for the park building would have been more restrictive than the height limit applied to any of the surrounding area development. The neighboring residential units have height limitations of from 24' (for flat roofs) to 30' (for pitched roofs). Typically, non- residential uses in the City have a height limit of 30' to 35' with additional height beyond 35' allowed under certain circumstances. Thus, a building height limit of 18' would have restricted the height of this park building beyond the restrictions of any other buildings in the vicinity and beyond other non-residential buildings in the City. Aside from such restrictions, an 18' height limit for a park gymnasium or other community building would have been impracticable. The heights of the gymnasiumsipublic use buildings in other City parks are just under 35'. (The gyms at Stagecoach and Calavera Parks are 34'8'' in height.) The anticipated building height for the tournament tennis center at Poinsettia Park will probably be greater than 35' because of its special design needs. Staff believes that no reasonable size public gathering park building (a gym or a community building) could be built within an 18' height limit. MP 177(DD)/CUP 01-22/HDP 01-07iCDP 01-31 -ZONE 19 PARK February 20,2002 Page 6 2. The second factor is the definition of “building height”. When the Aviara Master Plan was approved, building height in the City was a) measured to the mid-point of a structure and, b) was measured from a point 5’ outside of the structure. (The Master Plan text incorporated a reference to the building height definition in the Municipal Code.) Later the building height definition in the Municipal Code was changed to a) measure building height to the peak of the roof and to b) measure the height from all points of the structure. As a result of this definition change, the allowed building heights in some of the planning areas in the Master Plan (including PA 32) were unintentionally lowered without consideration of the specific projects anticipated. 3. The City’s 0-S (Open Space) Zones throughout the City allow a maximum height of 25’ unless a greater height is approved by a conditional use permit (CUP) approved by the Planning Commission. 0-S zoning is the typical zoning assigned to park properties and parks require the approval of a CUP. As indicated above, other park buildings similar to the proposed structure (at Stagecoach and Calavera Parks) have been developed at a height of about 35’ through approved Cup’s. The maximum height of the proposed community building would be 32‘3%” at its peak (over the multi-puxpose room). The remainder of the community building would be at a lower height, varying from 16’ to 21’. The average of the various roof heights for the community building would be 17’2”. Heights of the other proposed structures (restrooms and storage areas) are also under 18’. Based upon the above factors, staff believes the requested Minor Master Plan amendment is justified and that the resulting project would remain consistent with the approved Aviara Master Plan. B. General Plan 0-S (Open Space) Designation The proposed park use is consistent with the approved Aviara Master Plan. The approved Aviara Master Plan has already been found to be consistent with the City’s General Plan. Therefore, a park use on the project site is consistent with the City’s General Plan. C. 0-S (Open Space) Zoning and Conditional Uses Regulations The project site has P-C (Planned Community) zoning, as do all Master Plan areas. The Aviara Master Plan designates that the site be developed in accordance with the 0-S (Open Space) Zone. A park use is allowed in all zones, including the 0-S zone, subject to the approval of a CUP (Conditional Use Permit). Further, the Aviara Master Plan calls for the development of a park on this site. The findings necessary for the approval of the CUP and staffs responses to these findings are discussed in Table 1, below. Based upon that analysis, staff believes that all of the findings necessary for the requested CUP can be made. MP 177(DD)/CUP 01-22MUP 01-07/CDP 01-31 -ZONE 19 PARK February 20,2002 TABLE 1: CONDITIONAL US FINDING 1. That the requested use is necessary or desirable for the development of the community, is mentially in harmony with the various elements and objectives of the General Plan, including, if applicable, the certified local coastal program, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the xoposed use is to be located 2. That the site for the intended use is adequate in jize and shape to accommodate the use 3. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust :he requested use to existing or permitted future Jses in the neighborhood will be provided and maintained 1. That the street system serving the proposed use IS adequate to properly handle all traffic generated ,y the proposed use FINDINGS AND RESPONSES RESPONSE The use is necessary in that it fulfills an antlcipated need for recreational opportunities in the community and City. The use will be in harmony with the objectives of the General Plan in that the use is allowed on the subject site by the General Plan and the certified local coastal program. The use will not be detrimental to existing or permitted uses in that the project has been designed to be compatible with such uses. The park has been designed to provide adequate separation and screening from neighboring uses, and the architecture of the proposed buildings and the design of the proposed walls and landscaping will be compatible with the neighboring uses. The site can accommodate all of the proposed uses while providing all needed separation from surrounding uses, including sensitive resources. All uses will be on the mesa area and will not encroach into required setbacks. The project will also not encroach into sensitive habitat areas with the exception of the area of remedial grading (.03 acre) necessary to stabilize slopes. The Aviara Master Plan requires a structural setback of 50’ from Poinsettia Lane and a building/open parking setback of 30’ from all other planning area boundaries. The project design incorporates a setback of approximately 80’ from Poinsettia Lane to the maintenance building. It incorporates setbacks of approximately 44’ from parking to the planning area boundary to the east and approximately 43’ from parking to the planning area boundary to the south. Thus, the project provides setbacks in excess of all applicable requirements. The project will include several walls to minimize potential light, noise, All such walls will be landscaped to enhance their and visual impacts to neighboring residential uses. appearance. Fencing will also be incorporated to minimize accidental intrusion into sensitive resource areas. Finally, light standards will be designed to minimize light spillage onto neighboring uses and sensitive resource areas. The use will generate 1,000 ADT. These trips can be accommodated by the streets serving the site: Ambrosia Lane (a collector roadway) and Poinsettia Lane (a major arterial roadway). MP 177(DD)/CUP 01-22/HDP 01-071CDP 01-31 -ZONE 19 PARK February 20,2002 Page 8 D. Aviara Master Plan The proposed project is within the Aviara Master Plan. The Master Plan establishes the intended use of the site and the development criteria for the project. As shown in Table 2 (Aviara Master Plan Compliance), below, the proposed project clearly complies with the use expectation, setback requirements, and parking requirements of the Master Plan. The parking required and provided is discussed in detail below. The proposed building height is discussed in Section 1V.A. [“Minor Master Plan Amendment”) of this staff report. The Aviara Master Plan calls for parking spaces to be provided for the park as prescribed by the City’s Parks and Recreation Department. (This requirement recognizes that parks vary greatly in their size, intended uses, and facilities, making it impossible to establish a single parking ratio that fits all parks.) During the development of the Zone 19 Park Master Plan the Recreation Department evaluated the anticipated usage of the proposed park and the uses at existing parks in the City. This park will differ from other parks in that it is more likely to host weddings and similar activities. On the other hand, this park will also have fewer ball fields than other parks of a similar size. Based upon that evaluation and comparison, the Parks Department determined that the park would require 261 parking spaces. The project provides 270 spaces. Table 2: AVIARA MASTER PLAN COMPLIANCE Standard/Requirement Compliance Project Proposal Master Plan Requirement Use Yes Min 43’ Min 30’ Setback from planning Yes 80’ Min 50’ Setback from Yes Park Park Poinsettia Lane area boundaries 1 Building, Height 32’3 %” I See “Minor Max 18’ to mid-point - - (per previous building Amendment” 17’2” avg height definition) Master Plan multi-purpose room comm’y building 16’ section other buildings Parking Yes 270 SP’S Per Park MP E. Hillside Development Regulations A Hillside Development Permit (HDP) is required for the proposed project because the site contains a slope of 15% or greater and an elevation difference of greater than 15 feet. Because the proposed project is a non-residential development, Sections 21.95.120[D) [Volume of Grading) and 21.95.120(E) (Slope Height) requirements of the Hillside Development Regulations do not apply to the project. The proposed improvements would entail grading of the site to create level pads for the buildings and level playing fields. The grading would result in fill being constructed above the existing natural slopes along the northern site boundary, a fill slope ascending from the eastern site boundary, and a cut slope along the western site boundary. The existing graded slopes along Poinsettia Lane and Ambrosia Lane would remain nearly unchanged, as would much of the existing graded slope between the site and the residential development to the southeast. The 73 MP 177(DD)/CUP 01-22MOP 01-07/CDP 01-31 -ZONE 19 PARK February 20,2002 Page 9 proposed fill necessitated by the remedial grading slopes would be up to 70’ high, and the proposed cut slopes would be up to 20’ high. The resulting fill-over-natural slopes would result in a total slope height of up to about 120’ for the remedial grading. This grading is justified due to the unusual geotechnical condition which requires corrective work. The proposed community building pad elevation is currently 325’. This area would be lowered to 322’. The proposed soccer field pad is currently at 326’ and will be lowered to 316’. The proposed baseball field area currently consists of terrain sloping down to the north with elevations between 280’ and 320’. The baseball field would receive some of the excavation from the soccer field area and would be graded to an elevation near 310’. This effort would be required to balance the grading on the site. The development to the north is an existing improved industrial lot situated near an elevation of 186’. The tenants currently view natural sloping terrain with elevations varying between 180’ and 327’. After construction, this industrial lot would view both natural and manufactured slopes varying between 280’ and 307’. The manufactured slope would be required to support the northern edge of the baseball field. The existing residential units to the east are set at an elevation near 299’. They currently view natural sloping terrain varying between 280’ and 302’. After project development, residents of this area would view a proposed tot lot and parking area set at an elevation of about 302’. There would be an intervening 6’ landscaped wall between the residential uses and the proposed tot louparking area which would block some of the view of park activitiedareas. The residential units to the south are situated at an elevation near 275’. They currently view a slope to the north that varies from 275’ to 302’ in elevation. After development, residents would continue to view a slope varying from 275’ to 300’. Total grading for the project would include 133,000 cubic yards of cut and fill and 90,000 cubic yards of remedial (removal and recompacfon) grading. The grading would be balanced on site (no import or export). A grading permit would be required for the project. No off-site grading is proposed or required. The areas of grading are generally small. Therefore, the opportunity for contour grading is limited. However, grading would be contoured wherever appropriate. The geotechnical report indicates that soils-related issues exist within the proposed project area. However, the report provides recommendations required to stabilize the site in accordance with City standards. These efforts include, but may not be limited to, removal of existing unstable soil and installation of key buttresses prior to additional fill soils being placed near the northerly end of the property. All applicable Hillside grading requirements would be satisfied by compliance with the recommendation of the geotechnical report. (See Table 3, below.) Table 3 - HILLSIDE REGULATIONS COMPLIANCE PERMITTED/ STANDARD PROVIDED REQUIRED Max. slope height NIA Varied slope directions & undulation. Contour grading 7.733 cylac NIA Grading volume 10’ N/A MP 177(DD)/CUP 01-22MUP 01-O'IICDP 01-31 -ZONE 19 PARk February 20,2002 Pane 10 Table 3 - STANDARD Hillside Architecture i [LLSIDE REGULATIONS COM PERMITTED/ REQUIRED 1. Use terraced pads andor foundations. 2. Maintain natural slopes with structures and roofs. 3. Decrease building mass with increased slope steepness. i LIANCE (Continued) PROVIDED I. Pads for use areas would be terraced. 2. The proposed community building would have a pitched roof which mimics the natural slopes in the area. F. Coastal Development Regulations The project site is within the Mello I segment of the Local Coastal Program. The approved Master Plan requirements implement the Mello I Coastal Zone requirements for the Master Plan area. The Mello I segment focuses on several areas: provision of shoreline access, preservation of agricultural uses, preservation of scenic resources, preservation of environmentally sensitive resources, and prevention of erosion and geologic instability. The proposed project is not located such that it could provide shoreline access. It also does not contain protected agricultural uses. The project site does provide distant views from much of the mesa edge which will remain available from the site. However, the site does not contain any Coastal Zone-designated view points or view corridors. The proposed project would preserve large areas of environmentally sensitive habitat. The grading footprint does involve some encroachment into dual-criteria slopes where it is necessary to provide geologic stability for the site. However, this encroachment is well within the amount allowed by the Coastal regulations and does not require mitigation. (See next paragraph.) Because this project is a major public works project (Le., greater than $50,000 cost), it can be appealed by the Coastal Commission. The project site is located within the Coastal Resource Protection Overlay Zone. The Coastal Resource Protection Overlay Zone regulations (Chapter 21.203 of the Carlsbad Municipal Code) apply to properties located in the watershed of Batiquitos Lagoon. Only the southemmost edge of the property is in the Batiquitos Lagoon watershed. The vast majority of the site is in the Encinas watershed. This overlay zone is intended to protect sensitive resources. It requires preservation of steep slopes with vegetation (dual-criteria slopes) with some exceptions. Encroachment into dual-criteria slopes is allowed when such encroachment is necessary for reasonable use of the property and when the encroachment does not exceed ten percent (10%) of the total steep (25% and over) slope area of the site. The proposed project would require encroachment into .03-acre of dual-criteria slopes in order to remedy a slope instability. This .03-acre encroachment represents only five percent (So/) of the total dual-criteria slopes on the site and less than one percent (.006 %) of the total steep slopes on the site. G. Growth Management The proposed project is located within Local Facilities Management Zone 19 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 5, below. MP 177(DD)/CUP 01-22ML)P 01-07/CDP 01-31 -ZONE 19 PARK February 20,2002 Table 5: GROWTH MANAGEMENT COMPLIANCE V. ENVIRONMENTAL REVIEW Environmental analysis has been conducted on the project site in the past and was conducted again for the proposed park project. The first analysis occurred during the processing of the Aviara (formerly Pacific Rim) Master Plan. An EIR was prepared for the Master Plan, which included the current project site. The site was also included in the City's General Plan Update in 1994. An MEIR was prepared for that project. Most recently an environmental analysis (an EIA Part 11) for the park project was prepared in November 2001 and an Addendum to the Part I1 was prepared on January 24, 2002. The November 2001 analysis identified several areas of potentially significant impacts which could be mitigated to less than significant by the implementation of mitigation measures. Those areas include: 1) soils/geological impacts; 2) storm water runoff impacts; 3) impacts to sensitive habitat; 4) light spillage; and 5) impacts to paleontological resources. Mitigation measures which would reduce these potential impacts to less than significant have been included in the mitigation monitoring report for the project. Mitigation measures include generally: corrective grading; installation of fencing around sensitive habitat; compliance with National Pollution Discharge Elimination System (NPDES) requirements; revegetation of areas of corrective grading; control of light spillage; and monitoring of the grading activities by a paleontologist. With the inclusion of these mitigation measures, the Planning Director issued a Mitigated Negative Declaration on November 28, 2001. No additional mitigation and no recirculation was required as a result of the January 24, 2002 Addendum. MP 177(DD)/CW 01-22MOP 01-07/CDP 01-31 -ZONE 19 PARK February 20,2002 ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Planning Commission Resolution No. 5108 (Mitigated Neg Dec) Planning Commission Resolution No. 5156 (Minor Master Plan Amendment) Planning Commission Resolution No. 5109 (CUP) Planning Commission Resolution No. 5 1 IO (HDP) Planning Commission Resolution No. 5 11 1 (CDP) Location Map Background Data Sheet Local Facilities Impact Assessment Form Disclosure Statement Exhibits “A” - “N dated February 20, 2002 EB:cs:mh 77 BACKGROUND DATA SHEET CASE NO: MP177(DDKUP 01-22/HDP 01-07iCDP 01-31 CASE NAME: ZONE 19 PARK APPLICANT: CITY OF CARLSBAD REQUEST AND LOCATION: a public park with a community building., maintenance facititv. restrooms. a softball diamond. soccer fields, a basketball court, picnic area, tot lot and parking areas on a 25-acre site LEGAL DESCRIPTION: Those portions of Section 35. Township 12 South. Ranee 4 West and Section 2, Township 13 South, Range 4 West. San Bemardino Meridian. in the Citv of Carlsbad, County of San Diego. State of California. according to official plan thereof, said propertv being more particularlv described in Exhibit "A" of Quitclaim Deed recorded march 28, 1989 as File No. 89-157040 of official records of said San Diego Countv AF'N: 215-080-27.29 Acres: 25 Proposed No. of LotsAJnits: 1 LOT GENERAL PLAN AND ZONING Land Use Designation: OS Density Allowed: Nia Density Proposed: Nia Existing Zone: 0-S Proposed Zone: 0-S Surrounding Zoning, General Plan and Land Use: Zoninn General Plan Current Land Use Site 0-s os Undeveloped North P-M PI and OS Industrial South P-C RM and RH Residential and Church East l7D-M-Q RM Residential West R-1-Q and 0-S RLM and OS Open space PUBLIC FACILITIES School District: CUSD Water District: CMWD Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 11 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued November 28. 2001 0 Certified Environmental Impact Report, dated Other, 78 A. B. C. D. E. F. G. H. I. J. K. CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: ZONE 19 PARK -MP177(DD)/CUP 01-22MDP 01-071CDP 01-31 LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: OS ZONING: 0-S DEVELOPER’S NAME: CITY OF CARLSBAD ADDRESS: 1635 FARADAY AVENUE; CARLSBAD. CA 92008 PHONE NO.: 760-602-4600 ASSESSOR’S PAkCEL NO.: 215-080-27.29 QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 25 AC ESTIMATED COMPLETION DATE: N/A City Administrative Facilities: Demand in Square Footage = N/A Library: Demand in Square Footage = N/A Wastewater Treatment Capacity (Calculate with J. Sewer) 11 Park: Demand in Acreage = N/A Drainage: Demand in CFS = 18.4 Identify Drainage Basin = Encinas Creek & & Batiauitos (Identify master plan facilities on site plh) Circulation: Demand in ADT = 1.000 (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = 4 Open Space: Acreage Provided = 24.25 Schools: N/A (Demands to be determined by staff) Sewer: Demands in EDU 11 Identify Sub Basin = N Batiauitos (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 2.420 7 9 '., ' ' planning Commission Minutes :S/>' February 20,2002 1 EXHIBIT 6 Page 2 Chairperson Trigas directed everybody's attention to the slide on the screen to review the procedures the Commission would be following for tonight's public hearing. She added that members of the Commission have reviewed the agenda items in detail and are very familiar with the information, and in many cases have met with the applicant and other parties regarding the projects before them. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA None. PUBLIC HEARINGS Taken out of order. Chairperson Trigas asked Mr. Wayne to introduce ttie first item 2. CUP 96-14x1 RACEWAY CELLULAR FACILITY - Request for an extension of CUP 96-14 to allow the continued operation of Raceway Cellular Facility located at 2714 Loker Avenue West in Local Facilities Management Zone 5. 3. CUP 88-18fA)xI -CALIFORNIA CAFE 8 DELI - Request for a an extension of CUP 88-18(A) to allow the continued operation of the California Cafe and Deli restaurant at 2205 Faraday Avenue, Suite C in Local Facilities Management Zone 5. 4. CDP 01-45 - BROWN RESIDENCE - Request for approval of a Coastal Development Permit to allow for the construction of a single-family residence within the City's Coastal Zone located at 51 17 El Arbol Drive, just south of Cannon Road, within Local Facilities Management Zone 1. 5. CDP 01-13 - GOETZ RESIDENCE - Request for approval of a Coastal Development Permit to allow for the construction of a single-family residence within the City's Coastal Zone located along the west side of Carlsbad Boulevard, between Cerezo Drive and Shore Drive withjn Local Facilities Management Zone 3. Mr. Wayne stated that agenda items 2, 3, 4, and 5 are normally heard in a public hearing context, approval of all. He recommended they be acted upon and voted on as a group. If the Commission or however, these projects are minor and routine in nature with no outstanding issues and Staff recommends questions. He stated the Commission's action is final on all items. He added that there are Errata Sheets someone from the public wishes to discuss or pull an item then Staff would be available to respond to associated with items 4 and 5. MOTION ACTION: Motion by Commissioner Baker and duly seconded that the Planning Commission approve Staff recommendations on Items 2, 3, 4, and 5 including any memos and Errata Sheets, (CUP96-14x1, CUP 88-18(A)x1, CDP 01-45. CDP 01-13) VOTE: 6-0-0 AYES: Chairperson Trigas, Commissioners Baker. Heineman. Segaii, White, and Whitton ABSTAIN: NOES: None None 1. MP 177fDD)ICUP 01-221HDP 01-0711CPD 01-31 -ZONE 19 PARK - Request for a Minor Master Plan Amendment to the Aviara Master Plan for Planning Area 32 and a Conditional Use Permit, Hillside Development Permit, Coastal Development Permit, and addendum to the EIA Part II to develop a community park on a site located at the northern terminus of Ambrosia Lane with Local Facilities Management Zone 19. planning Commission Minutes February 20,2002 Page 3 Mr. Wayne introduced the next agenda item stating that it was a continued public hearing and the presentation would be made by Don Rideout. The Planning Commission's action on this item is final unless appealed. Don Rideout. Principal Planner, stated that the project site is a 25-acre parcel located at the northern terminus of Ambrosia Lane within the Aviara Master Plan and designated as Planning Area 32 in that slopes that contain both native and non-native vegetation. He stated there is a canyon to the north, Master Plan. He described the site as an irregularly shaped mesa with a relatively level top and steep residential developments to the east and south which include Poinsettia Hills, Brindisi. and Mirabella, and Aviara Master Plan, therefore, the use is fully consistent with the Master Plan. an approved but undeveloped project to the west. Planning Area 32 is designated as a city park in the Mr. Rideout stated that the following structures and Bmenities are proposed for the park: A community building of about 17,000 square feet, a maintenance building of about 1,200 square feet. and two restrooms. The community building will include a multipurpose room, an activity room, a senior family room, and a meeting room. It will be located at the northwestern edge of the mesa as far away from the two basketball courts, a picnic area, and a tot lot. There will also be 270 parking spaces provided. surrounding development as possible. The outdoor areas will include two softball fields, two soccer fields, Mr. Rideout explained that the purpose of the Master Plan Amendment is to change the maximum allowed building height in the Aviara Master Plan. For unknown reasons it's stated that there would be an 18-foot height limit on structures, which would not allow any realistic structures to be built there. The proposal is to have a minor amendment to the Aviara Master Plan that would change the height limit to be the same as stated under the Open Space Zone in the Municipal Code, which is 25 feet or higher if allowed through a Conditional Use Permit. The justification for this amendment is that there was no logical basis for the that limit. There was also a change in the way that the City defined building height and the way it is 18-foot height limit stated in the Master Plan and it's not feasible to build any typical park structures within measured after the Aviara Master Plan was approved that had the unintended affect of lowering the building heights. The Open Space Zone throughout the rest of the city allows up to 25 feet and higher with a CUP, therefore Staff has no concerns with recommending the minor Master Plan Amendment to allow the height as under the Open Space Zone. He added that all the findings can be made for the approval of the CUP and are stated in the Staff Report. Mr. Rideout stated the project requires a Hillside Development Permit because the site contains slopes of 15 percent or greater and an eievation difference greater than 15 feet. Because it is a nonresidential development, the volume of grading and slope height requirements of the hillside regulations do not apply. Total grading for the project would include 133,000 cubic yards of cut and fill and 98,000 cubic yards of remedial grading. The remedial grading is necessary to correct an area of geologic instability in the open space slope below the mesa top and the area will be replanted with native plants after the corrective grading is completed. He stated the project is located in the Mello 1 segment of the City's Local Coastal Program and is consistent with all applicable regulations and policies of the Mello 1 segment. It is also located in the Coastal Resource Protection Overlay Zone and complies with that overlay zone by protecting the majority of dual criteria slopes. The grading footprint involves some encroachment into dual criteria slopes where coastal regulations and does not require mitigation. it is necessary for the remedial grading. This encroachment is well within the amount allowed by the that provides compliance with a Soils and Geologic Report recommendation which resulted in remedial Regarding environmental review, Mr. Rideout stated that a Mitigated Negative Declaration was prepared grading. It provides a physical barrier to separate the active park uses from the native habitat and replanting of the remedial grading with native vegetation. It minimizes light spillage onto residential and habitat areas, monitors grading for paleontological resources, and directs all runoff away from the native habitat areas. Mr. Rideout said Staff prepared an addendum lo the Mitigated Negative Declaration to address a correction to the trip generation calculation and to reference the need for the Master Plan Amendment for the building height. No new or revised mitigation measures were required as a result of this addendum. ./f . ~ Planning Commission Minutes February 20,2002 Page 4 Chairperson Trigas stated a packet of letters with a cover letter of February 13, 2002 and a letter dated February 14,2002 were received regarding this item. Commissioner Segall commented that it appears one of the main concerns of the neighbors is the fact that Ambrosia will be the only way in and out and asked how people were notified of that. Mr. Rideout replied that one of the conditions of approval of the Brindisi project indicated that all sales maps that were distributed or made available to the public shall include, but not be limited to trails, future and existing schools, parks, and streets. There was signage placed at the barricaded end of Ambrosia Lane indicating that was a future park site. In the sales disclosure documents used for the Brindisi project there was also a statement indicating that it would be a future park site. Ambrosia. Mr. Rideout replied that the disclosure documents did not address the issue of access to the Commissioner Segall asked if any of the correspondence specifically states that access would be off of park site. They did indicate that there could be development in the surrounding areas and that no assurances were made regarding traffic circulation or how access to any other adjacent properties might be obtained. terminates north of Poinsettia Lane and that termination point will be opened up with the construction of Bob Johnson, Deputy City Engineer, Transportation Division, stated that Ambrosia Lane currently the park and access to the park will be from that point northerly into the park. Ambrosia Lane is considered a collector road and a collector road has a design capacity of between 2,000-10,000 vehicles generates around 800, so the total trip generation expected on this portion of Ambrosia is a little less than per day. He said the trip generation from the park is calculated at 1,000 trips per day. The Brindisi project 2,000 vehicles per day. He said it is a 40-foot curb-to-curb street and the number of vehicles projected to Ambrosia Lane by virtue of its access point at its current termination point. use it is well within the design capacity. Therefore, the park would not cause any capacity problems on Commissioner Segall asked when Poinsettia Lane will go through to the east and west of this project. Mr. Johnson responded that Poinsettia Lane terminates at Cassia and there is currently no schedule as to when the segment from Cassia to El Camino will be completed. It is called Reach E and is under the Ambrosia should be completed in about two years. He said there are several projects that are required to control of future development and completion is several years or more away. The portion west of provide their dedications. That will be a City project and it is expected that within two years Poinsettia Lane will be virtually completed from 1-5 easterly to Cassia. would function as a collector because it provides access to abutting parcels, although it is not designated Commissioner Segall asked if Cassia is large enough to handle this traffic. Mr. Johnson said that Cassia as a collector on the circulation element of the General Plan. He said the roadway width and design would handle the traffic on Cassia that would access the park. Commissioner Segall asked when the park would go in. John Cahill, Municipal Project Manager, replied to complete. The park should be opened around January 2004, similar timing to the opening of Poinsettia. that construction is tentatively scheduled to begin in early fall of 2002 and will require about 12-14 months would be made. Mr. Johnson said he does not anticipate a stop sign on Ambrosia. Once the park is Commissioner Heineman asked if the people from Brindisi have to exit on Ambrosia and what provision completed and there is a through traffic situation, the right-of-way rule would require that Brindisi traffic’ exiting yields to traffic on Ambrosia. They do not plan on stopping Ambrosia traffic with a stop sign at the Brindisi driveway. Commissioner Heineman asked if he anticipates that the approximate 2,000 ADT would make it difficult for the Brindisi people to exit. Mr. Johnson replied he does not because traffic generation from a park is not like commuter traffic that has a peaking characteristic. The ADT would be spread out throughout the day so the impacts to assignment of right-of-way at that driveway should be very minimal. Commissioner White asked if there would be a stop light at the intersection of Poinsettia and Ambrosia. Mr. Johnson said there would be a traffic signal in the future at that intersection. Commissioner White was concerned about visibility for people making a left turn in the event of overflow parking. She wanted to know how the Brindisi residents would have good visibility making the left turn Planning Commission Minutes February 20,2002 Page 5 and asked if there was a possibility of having a small no parking zone to the south of the Brindisi entrance so they could clearly see the traffic crossing Poinsettia. Mr. Johnson said the issue of parked cars on a public street at a driveway location occurs throughout the city and they look at each situation carefully. maintenance issue. He said if overflow parking becomes an issue on that portion of Ambrosia due to the He said putting in red curb to create a no parking zone can be done, but it then becomes a continuous curb with the park development. He said they don't want to restrict the ability for people to park on the park or the Brindisi development, they would look at that, but would not expect to immediately put in red street, but will address it if it becomes a problem. Commissioner White stated the letter received from the Brindisi association raised the concern that overtlow parking may be totally prohibited on Ambrosia both to Brindisi and the park and asked for clarification on this issue. Mr. Johnson stated he was not aware of a proposal that the portion of Ambrosia from Poinsettia northerly to the park entrance would be established as a no parking zone on one or both sides. He said the City is not planning to establish a no parking zone. There may be a short distance of red curb put in at the driveway in the future if it becomes a problem. Commissioner Segall asked if a parking problem could be addressed quickly since there's a CUP attached to the project. Mr. Johnson replied they could address it through the CUP process. He said it's not unrealistic to expect some street parking in and around a city park. There may be times when on- street parking is needed because of the type of events. If it were a chronic problem, the City would address it through the CUP process. prohibited in the park. Mr. Rideout stated that the project CUP has a condition stating that Jazz in the Commissioner Segall said that as the CUP is currently written a city concert or some large event would be Park or an event of that magnitude will not occur at this location because there isn't adequate parking. Regarding the previous access question, Don Rideout wanted to add that the disclosure documents don't talk about access off Ambrosia, but the Avlara Master Plan does indicate access to the park off Ambrosia. Commissioner Baker wanted to know what kinds of activities are anticipated in the Community Center to possibly alleviate some of the traffic and parking fears of the Brindisi residents. Mr. Cahill stated the purpose of the recreation center and the large community room is to fulfill a long- standing program need in their recreation program to have a facility for larger events. He said their staff is inundated with requests at their existing facilities to have a venue for larger events. Gail Watts, Recreation Supervisor 11, stated they have planned a variety of activities in the Community Center. She said it has a dance room for exercise, martial arts, and dance classes for both children and adults. A multipurpose room is planned to be used for board meetings for non-profit organizations, offsite there. There will be a catering kitchen where they can have cooking classes. There will also be a senior meetings for area businesses, clubs, organizations, etc. They also may have some addrawing classes in lounge in the community center. She said they are looking at a larger multipurpose room that will host a who have a group of 200 people and they have to refer them to other cities. variety of social activities such as weddings and anniversary parties. There is a big demand for people Commissioner Segall asked what the maximum number of people is that could be at any event. Ms; Watts said they were planning for a room capacity of 300 for the community building. on experience with other parks, it would work and events would not always be happening at the same Commissioner Segall asked if the 270 parking spaces would be enough. Mr. Rideout replied that based time. If there is a recurring problem with this, adjustments could be made to the schedule so it doesn't happen. good job of booking the facilities so they have enough parking for the type of venue they are having at the Ms. Watts added that they have this issue with the other parks and they try to be good neighbors and do a facility. Commissioner White asked how noise containment for music and any other noise generated from evening parties would be monitored by the City. Ms. Watts said the community center is located high on a bluff and it's not near any homes. They have a security guard program within the facility and security guards 83 "7 * Planning Commission Minutes ' /: February 20,2002 Page 6 are required for large parties, and they also have staff in the building whenever it is rented. If they do get a concern, they react right away. She said they make sure applicants know they are in a neighborhood area and that the noise must be contained. the CUP indicating that music outside of the building would have to stop at 1O:OO p.m. There could be Commissioner White asked if there would be a noise curfew. Mr. Rideout replied there is a condition in music inside the building after that. Dave Millikan. Recreation Supervisor, stated that generally Friday and Saturday nights are the only nights they go past 1O:OO. The CUP for the park is generally 1O:OO p.m.. but it could go later in the community center on a Friday or Saturday. the priority system in the rules and regulations is that first priority is for City activities, second priority goes Chairperson Trigas asked if there is a priority list for Garlsbad residents or businesses. Mr. Millikan said to non-profit groups that do not have paid management, and the last priority is for non-resident businesses. He said resident groups are taken care of first and the fees are scaled accordingly so non- resident group in a small room. resident businesses would pay considerably more than a resident group. There would be no fee for a Commissioner Heineman wanted to know if there was still a heavy influx of people from Encinitas using the parks. Mr. Millikan said that happens more in the Stagecoach area because traditionally Encinitas, There is a timeframe that residents can put in requests and then it is opened up to nonresidents. Leucadia. and La Costa were combined on a lot of their activities, but residents will have first choice. the process involved in determining what activities would be held at the park and how they got input from Commissioner Segall commented there were no tennis courts planned and asked for an explanation on the public. Mr. Milligan said there is limited space for various activities. They decided on a playground, soccer field. a baseball field, and an outdoor basketball court. He said there are going to be 11 tennis courts at the Poinsettia Park eventually. Mr. Cahill added that they had two public workshops in the past 6-12 months and all the neighbors were invited to attend and they solicited their input. That input played directly into the program for the park. City Council asked them to also solicit additional written input. They placed copies of all the master planning components and some survey sheets at the libraries and Stagecoach Park and they received about 200 written comments. He said tennis did not rank very high in this particular application, but they did get a few requests. There are existing tennis facilities in close proximity and Poinsettia Park is and will be the site of the City tennis complex when it is built out. Chairperson Trigas asked how many attended the two public workshops. Mr. Cahill said they were within the 600-foot radius throughout the entire Zone 19 park area. They also noticed all the Aviara sparsely attended. about 30 at the first one and 20-25 at the second one. They sent notices to residents homeowners associations. requires a process to solicit public input and they received 168 written suggestions for naming the park. Commissioner Segall asked if they have reached a name for the park. Mr. Cahill said Council Policy 48 The overwhelming recommendation is to name it Aviara Community Park to reflect its location in the community and Staff is supporting that recommendation. He said Parks & Recreation is meeting oh and the recommendation will go to the City Council in March. February 2ist and one of the agenda items is to consider that name and they expect it will be approved showed Ambrosia as the access point and asked if all the residents would have a copy of the Master Commissioner Segall said he wanted to follow up on Mr. Rideout's comment that the Aviara Master Plan and to anyone interested in the development of the Aviara area. Plan. Mr. Rideout said he didn't know if all the residents have a copy, but it's available for all residents resolution: Condition #23 indicates that exterior lights have to be turned off at 1O:OO p.m. Condition 24 Mr. Rideout highlighted the following conditions in Resolution 5109 which is the Conditional Use Permit the building has to stop at 1O:OO p.m. Condition 26 says Jazz in the Park is prohibited. Condition 27 indicates playing fields are not to be used after 1O:OO p.m. Condition 25 indicates that music exterior to indicates that concurrent activities that exceed the parking capacity of the site will not be allowed. Planning Commission Minutes February 20,2002 Jeanne Altman, 6351 Alexander Circle, Carlsbad, stated she did not understand how the entrance to the out. If weddings with 200 people are held there, there is no way they will ever be able to turn out with 200 park can be allowed on Ambrosia when it literally will be impossible for the residents to make a left turn cars going in and out. If a traffic light is put in on the corner of Poinsettia and Ambrosia, that would just back up the traffic even further coming out of the park. She wanted someone to explain how they are going to exit when a lot of things are going on. She said they have repeatedly asked for some alternative to be found to move the entrance to the park off of Ambrosia. From everything they were given when they concerned about the parking on the street because they have very limited guest or extra parking within bought their homes, they understood that Ambrosia would remain a cul-de-sac. They are also very Brindisi. so if there is overflow traffic from the park that will create another problem. Mr. Rideout stated access needs to go where it is best for both safety and traffic flow purposes. For this park site there is no other way to take access except from Ambrosia. He said it is shown that way in the Aviara Master Plan for those reasons. There are civ standards related to intersection spacing and putting way to provide access to that park site. the access onto Poinsettia anywhere else would violate that standard. He said there is simply no other traffic signal called a queuing detector. If vehicles back up from the traffic signal the queuing detector Mr. Johnson stated that when the traffic signal goes in there is a feature that can be installed as part of the one way to keep the vehicles from remaining in a backed up condition for a lengthy time. He said the puts a call in to the signal controller and then a green indication is provided for Ambrosia. That would be relatively non-peaking characteristics of a park should prevent exiting problems from the Brindisi project. However, on occasion there may be an event leaving where there is a flow of traffic leaving the park causing somewhat of a congested condition, and someone coming out of Brindisi at the same time would experience that queuing on Ambrosia. Realistically most people will allow someone into the queue. He said they don’t expect large simultaneous exiting from Brindisi and the park to cause any major problems. Chairperson Trigas wanted to clarify if traffic studies were done on the primary times that Brindisi residents leave. Mr. Johnson replied that there was no specific traffic study for that, but typically it is the a.m. and p.m. that generates most of the traffic from residential developments, with sporadic traffic in and out at other times. Typically park use isn’t in the 6:30-8:30 a.m. commute time so it should not be a major problem for exiting Brindisi. Commissioner Baker asked if the 25-acre parcel were converted to housing would the ADT be more or less than a park generates. Mr. Johnson said it would depend on the density of the 25 acres. The trip generation from a single-family residence is ten trips per day. If there were 100 homes, it would be a thousand, so it would be about the same, and most would be at peak hours. Chairperson Trigas asked if there were any other possible access points. Mr. Cahill said the irregular shape of the development suggests that the topography is rather difficult to the north and west. There is existing residential to the east and there is physically no other location to take access to the site. Mr. Johnson added that the Staff Report talks about a driveway on Poinsettia for two maintenance vehicles per month, but that access point was not anticipated to be public access. would ever go through. He asked if a white barricade and sign are currently located there. Mr. Johnsdn Commissioner Segall commented that Ms. Altman stated there was no indication that the cul-de-sac they install signs at all locations and that location should have that sign. stated there is an M9 barricade that is white with a sign indicating future access and reflectors. He said MOTION ACTION: Motion by Commissioner Baker and duly seconded that the Planning Commission adopt Planning Commission Resolution No. 5108 adopting a Mitigated Negative Declaration, and Addendum, and a Mitigation Monitoring and Reporting Program and adopt Planning Commission Resolution No. 5156 approving MP 177(DD) and adopt Planning Commission Resolutions No. 5109, 5110. and 5111 approving CUP 01-22, HDP 01-07, and CDP 01-31 based upon the findings and subject to the conditions contained therein. -7 Planning Commission Minutes February 20, 2002 Page 8 DISCUSSION Commissioner Segall stated he supports the project and understands the concerns of the residents and the issue of traffic on Ambrosia, He added that with the safeguard of the CUP, if traffic issues become a major concern in the area, they could be addressed fairly quickly. Commissioner White stated she supports the project because she thinks it will enhance the quality of life in Carlsbad and hopes that people in the surrounding residential areas will enjoy the proximity of the park when it‘s completed. She stated she is concerned about the traffic on Ambrosia and expects the City to do everything possible to monitor it carefully and to be responsive to the concerns of the Brindisi and other neighboring residents. Commissioner Heineman stated he favors the project. and thinks the community room use aspects are very good. He felt they can have confidence in Parks and Recreation to closely monitor the activities and to make corrections where necessary as they have in other city parks. Commissioner Whitton stated he was also in favor of the project Commissioner Baker stated she supports the project and suggested to the Brindisi residents that it may not be as bad as they’re worried about. Having served on the Parks and Recreation Commission, she said she has had experience with people concerned about parks in the neighborhood and they turned out not to be as much of a problem as the neighbors feared. In general they are a good thing to have in neighborhoods and she applauded the City of Carlsbad for continuing to provide park land and park space to the residents with many activities. Chairperson Trigas stated she agreed with the comments and supports the project and thinks it will be a wonderful asset for the community. She also liked the idea that there is the ability to rectify a problem if it occurs. AYES: VOTE: Chairperson Trigas, Commissioners Baker, Heineman, Segall, White. and Whitton 6-0-0 NOES: None ABSTAIN: None RECESS Chairperson Trigas called a recess at 659 p.m. MEETING CALLED TO ORDER #6 and stated that a letter dated February 19,2002, was received just before the meeting. Chairperson Trigas called the meeting back to order at 7:07 p.m. She opened the public hearing on Item 6. SDP 01-16 - SADDLERIDGE -A Site Development Plan to approve floor plans and elevations for 26 single-family residential homes on approved lots that are a minimum 9,600 square feet; ttfe east of Rancho Santa Fe Road and sough of Calk Acervo in Local Facilities Management Zone proposed entry monumentation, fence design and location on the 9.92 acre site generally located 11. Mr. Wayne introduced the next agenda item and stated that Christer Westman would make the presentation. The Commission’s action on the item is final unless appealed. Christer Westman. Senior Planner, stated the project is the review of the exterior elevations and the proposed 20-foot or greater front yard setbacks, side yard building separation of 13 feet or greater and placement of three different homes for 26 lots which is Unit 1 of the Shelley Tract Map. The applicant has than the maximum allowed. Each model will be detailed with a Spanish, Tuscan, or ltalianate rear yard setbacks that are typically greater than 40 feet. Building heights and lot coverage are both less architectural style. The homes range from 4,100 to 4,500 square feet and each model is a two-story. EXHIBIT 7 I (We) apped ths deciaian of the City of Carlsbad Planning Commission bthsCarlsbadc*Coundl' (MP 177(DD)/CUP 01-22/HDP 01-07/CDP 01-31 Date of DecisiMl you am appealing. zone 19 Park February 20, 2002 1200 C4-d Village Drive - Cadsbad. California 42008-1 gee - (61 9) 434-2808 @ JUL-22-2002 RON 07:54 AM CITY OF CARLSBAD FAX NO. 760 602 e553 Appellant: Appeal of: Date of Decision: Subject of Appeal: Reasons for Appeal: P. 03 ,A 6.. _. Sore1 Norlin, on behalf of the Brindisi at Aviara Premier Collection Association Decision of the Carlsbad Planning Commission, specifically the addendum to the EL4 Part I1 to develop a community park on a site located at the northern terminus of Ambrosia Lane within Local Facilities Management Zone 19. February 20,2002 Carlsbad Planning Commiss'ion February 20,2002, Itcms MP 177 (DD)/CUP 01-22/HDP 01-07DCP 01-31 -Zone 19 Park, Resolutions No. 5108,5156,5109,5110,5111 Planner: Elaine Blackbum Engineer: Jeremy Riddle Request for a Minor Master Plan Amendment to the Aviara Masfcr Plan for Planning Area 32 and a Conditional Use Permit, Hillside Development Panit, and Coastal Development Pennit, and addendum to the EIA Part I1 to develop a community park on a site located at the northern terminus of Ambrosia Lanc within Local Facilities Management Zone 19. The Bnndisi at Aviara Premier Collection Association specifically appeals the development of a community park on a site located at the northern terminus of Ambrosia Lanc within Local Facilities Management Zone 19. We oppose the Planning Commission's decision to place the entrance fo the proposed community park at the northern terminus of Ambrosia Lane. The decision makers failed to adequately investigate and address noisc abatement issues, increase in traffc/traffic control issues, and safety issues. Thc decision makcrs failed to properly cnsure that this proposal will not dctrimentally affcct the neighboring communities, and have further not proven that the entrance to the proposed park cannot be located at another site within Zone 19. Decision makers have inadequately investigated the impact of the proposcd community center, the size of community center, and thc issuance of future alcohol permits in connection with the placemcnt of the community park __ City of Carlsbad Records Management Department August 12,2002 Sore1 Nolin 6349 Alexandri Circle Carlsbad, CA 92009 RE: ZONE 19 (AVIARA COMMUNITY PARK) - LCPA 02-03 AND APPEAL OF PLANNING COMMISSION APPROVAL OF MP 177(DD)/CUP 01-22IHDP 01- 07/CDP 01-31 The Carlsbad City Council, at its meeting of August 6, 2002, heard the above referenced matter and adopted Resolution No. 2002-236, approving the project and upholding the decision of the Planning Commission. Enclosed for your records is a copy of the fully executed Resolution. The Council also directed that the installation of the traffic light and queue detector be expedited, and directed that the appeal fee be refunded. Our office has begun the process to refund the fee per Council direction. Enc. (1) cc: David M. Peters, Esq. Brindisi At Aviara 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @ PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp (2010 & 2011 C.C.P.) fi I. jj (z, yL/S STATE OF CALIFORNIA County of San Diego r 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 Time formerly known as the Blade-Citizen and llrnes-Advocate and which newspapers been adjudged newspapers of ge circulation by the Superior Court of the Cou San Diego, State of California, for the citi and San Diego County; that the notice of 1 Escondido. Oceanside, Carlsbad, Solana E the annexed is a printed copy (set in lyp smaller than nonpareil), has been publish each regular and entire Issue of said news[ and not in any supplement thereof 01 following dates, to-wit: I certify (or declare) under penally of perjur the foregoing is true and correct. Dated at % AW64 , Califo Signature LiCT1379900 NORTH COUNTY TIMES Legal Advertising P. 01 FAX TRANSMITTAL July 23, 2002 TIME SENT: 80055 G-*., Number of Pages Being Transmitted (Including Cover Sheet):2 TO: Janice COMPANY: City Clerk PHONE #: x2927 FAX #: 760-720-6917 FROM: Michele Masterson DEPT.: Planning Department PHONE: (760) 602-4615 FAX: (760) 602-8559 SPECIAL INSTRUCTIONS: Janice, Attached is the corrected Notice of Public Hearing for the Zone 19 Park. Michele 1635 Faraday Avenue -3 Carlsbad, California 92008 *:* (760) 602-461 5 P. 02 NOTICE OF PUBLIC HEARING DESCRIPTION: Request for approval of a Mitigated Negative Declaration, Mdendums 1 and 2: Mltigation Monltoring and Reporting Program; Local Coastal Plan Amendment and the appeal of the Planning Commission approval of Minor Master Plan Amendment, Conditlonal Use Permit. Hillside Development Permit. Coastal Development Permit for the development of a community park. LOCATION: This project is within the City of Carlsbad's Coastal Zone located at the northern terminus of Ambrosia Ibne within Local Facilities Management Zone 19. ASSESSOR'S PARCEL NUMBER 215-080-27 APPLICANT City of Carlsbad Carlsbad, CA 92008 1635 Faraday Avenue A public hearing on the above-proposed project will be held by the City Council In the Council Chambers, 12UO Carlsbad Vlllage Drive. Carlsbad. California, on August 0, 2002, at 600 p.m. Persons are cordially invited to allend the public hearing and provide the decision makers whh any oral or written comments testimony. questions and a decislon~ Copies of the staff report will be available on or after August 2, 2002. they may have regardine the project. The pmjed will be described and a staff recommendation given, followed by public Carlsbad Planning Department, Monday thmuQh Thursday 7:30 a.m. to 5:30 p.m., Friday 8:OO a.m. lo 500 ,&m. at 1635 If you have any questions. or would like to be notified of the decision. please conhfl Elaine Blackburn at the City of Faraday Avenue, Carlsbad. California 92008, (760) 6024621. CWLGN~E. / APPEAL+ If you challenge the Mitigated Negative Declaration. Addmdurns 1 and 2; Mitigalion Manitwing and Reporting Program; Local Coaslal Plan Amendment and the appeal of the PlanninQ Commission approval of Minor Master Plan Amendment only those Issue5 you or someone else raised at lhe public hearing described In this notica. or in written correspondence Conditional Use Permit. Hillside Development Permit. Coastal Development Permit in court, you may be iimited to raising delivered to the City of Carlsbad prior to the publlc hearlng~ s Coastal Commissim Appealable Project: 0 This site is located within the Coastal Zone Appealable Area. @ This site is not located wilhin the coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Comrnisslon has received a Notice of Final Action from the City of Carlshd. Applicants will be notlfied by the Coastal Commission of the date that their appeal period will conclude. The San Die(1o office of the Coastal Commission is located at 7575 Metmpolilan Drive. Sulte 103. San Dlego. Callfornia 92108-4402. CASE FILE: LCPA 02-031MP 177(DDyCUP 01-22iHDP 01-07/CDP 01-31 CASE NAME ZONE 19 PARK PUBLISH: FRIDAY. JULY 26,2002 NOTICE OF PUBLIC HEARING DESCRIPTION: Monitoring and Reporting Program; Local Coastal Plan Amendment and the appeal of the Request for approval of a Mitigated Negative Declaration, Addendum 1 and 2; Mitigation Planning Commission approval of Minor Master Plan Amendment, Conditional Use Permit, Hillside Development Permit, and Coastal Development Permit for the development of a community park. LOCATION: This project is within the City of Carlsbad's Coastal Zone located at the northern terminus of Ambrosia Lane within Local Facilities Management Zone 19. ASSESSOR'S PARCEL NUMBER: 215-080-27 APPLICANT: City of Carlsbad Carlsbad, CA 92008 1635 Faraday Avenue 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 August 6, 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 August 2, 2002. If you have any questions, or would like to be notified of the decision, please contact Elaine Blackburn at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:OO p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602-4621 CHALLENGElAPPEAL If you challenge the Mitigated Negative Declaration, Addendum 1 and 2; Mitigation Monitoring and of Minor Master Plan Amendment, Conditional Use Permit, Hillside Development Permit, and/or Coastal Reporting Program; Local Coastal Plan Amendment and the appeal of the Planning Commission approval at the public hearing described in this notice, or in written correspondence delivered to the City of Development Permit in court, you may be limited to raising only those issues you or someone else raised Carlsbad, Attention: City Clerks Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, prior to the public hearing. 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 filed 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 92108-4402. CASE FILE: LCPA 02-03/MP 177(DD)/CUP 01-22/HDP 01-07/CDP 01-31 CASE NAME: ZONE 19 PARK PUBLISH: FRIDAY, JULY 26,2002 ZONE I9 PARK LCPA 02-03/MP 177(DD)/CUP 01-221 HDP Ol-O7/CDP 01-31 Smooth Feed Sheets" Use template for 5160@ CARLSBAD UNlF SCHOOL DlST 801 PINE AVE CARLSBAD CA 92008 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH &WILDLIFE 2730 LOKER AVE WEST CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SERVICES CITY OF ENClNlTAS 505 S VULCAN AVE ENClNlTAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 REGIONAL WATER QUALITY STE 100 91 74 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CNTRL DlST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD PUBLIC WORKWENGINEERING DEPT CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 I.P.U.A. SCHOOL OF PUBLIC ADMlN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 PETERS & FREEDMAN ATTN DAVID M PETERS ESQ STE 220 191 CALLE MAGDALENA ENClNlTAS CA 92024 CITY OF CARLSBAD MUNICIPAL WATER DISTRICT CITY OF CARLSBAD PROJECT PLANNER ELAINE BLACKBURN 07/18/2002 AWRY@ Address Labels Smooth Feed SheetsTM CO SHUKDEV TANTOD 1985 PALOMAR OAKS CORP CARLSBAD CA 92009 1985 PALOMAR OAKS WAY llse template for 5160@ AIR PRODUCTS&CHEMICALS INC C/O J C SCHUMACHER CO 1969 PALOMAR OAKS WAY CARLSBAD CA 92009 ALTMAN GEORGE&JUDITH TRUST 05-14-01 6351 ALEXANDRI CIR CARLSBAD CA 92009 AMEN STEVEN RBJEANETTE M P 0 BOX 3223 LIVING TRUST 12-14-01 LA JOLLA CA 92038 ARNOLD ROBERT M&RUTHE P TRUST 03-10-97 1743 PIPIT CT CARLSBAD CA 92009 AVIARA BRlNDlSl LLC C/O INSTITUTIONAL HOUSING PARTNER IRVINE CA 92612 19800 MACARTHUR BLVD #700 BACA RICK&MARLENE CARLSBAD CA 92009 1709 CARISSA WAY AD J HOLDINGS L L C C/O ARlE DEJONG 622 E MISSION RD SAN MARCOS CA 92069 ALEXANIAN ARLET 6439 ALEXANDRI CIR 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CARLSBAD CA 92009 BOURNE STEPHANIE B 6467 KINGBIRD LN CARLSBAD CA 92009 BOWEN WILLIAM P&MARJORIE KINGSBURG CA 93631 14088 E KAMM AVE BOWERS BERKLEY REVOCABLE BREHM-AVIARA 111 DEVELOPMENT TRUST 11-03-00 ASSOCIATES L P 6489 ALEXANDRI CIR CARLSBAD CA 92009 CARLSBAD CA 92008 1935 CAMINO VlDA ROBLE #ZOO CAR DA ROBLE #200 Smooth Feed SheetsTM Use template for 51613~ BRlNDlSl AT AVIARA PREMIER COLLECTION HOMEOWNERS C/O N N JAESCHKE INC 9610 WAPLES ST SAN DlEGO CA 92121 BREHM-AVIARA 111 DEVE 1935 CAM1 BROCK CARISSA L 6480 ALEXANDRI CIR CARLSBAD CA 92009 BROWN JOHN K 6392 ALEXANDRI CIR CARLSBAD CA 92009 BUDA ROBERT F 111 CARLSBAD CA 92009 1700 CARISSA WAY CACHUELA JOSE M JRgCYNTHlA G 6411 ALEXANDRI CIR CARLSBAD CA 92009 CAIN DANIEL J&SHARONE L 6412 CROSSBILL CT CARLSBAD CA 92009 CANNON LIVING TRUST 04-03-00 6499 ALEXANDRI CIR CARLSBAD CA 92009 CARROLL WILLIAM R&CAROL J CARLSBAD CA 92009 6338 ALEXANDRI CIR CHOl KYOUNG S TRUST 06-10-94 BARRINGTON IL 60010 1500 MACALPIN CIR CHOl LAISHAN VERA 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ALEXANDRI CIR CARLSBAD CA 92009 DOWNS LANCE RGTEPHANIE H 6434 KINGLET WAY CARLSBAD CA 92009 Smooth Feed SheetsTM Use template for 5160@ 6444 ALEXANDRI CIR FANNING PATRICK %LINDA M CARLSBAD CA 92009 DRABEK THOMAS J 1726 CAMASSIA LN CARLSBAD CA 92009 FALLER RONALD L&DONNA M 6463 ALEXANDRI CIR CARLSBAD CA 92009 FARLEY RENAE D TRUST 11-08-01 FlRENZl KAREN A 6452 ALEXANDRI CIR CARLSBAD CA 92009 6447 KINGBIRD LN CARLSBAD CA 92009 FITZPATRICK BENJAMIN E&BERTHA FOLKEDAHL 6305 ALEXANDRI CIR CARLSBAD CA 92009 FOLKEDAHL SCOU A&ALLEN- 6363 ALEXANDRI CIR CARLSBAD CA 92009 FREED SHARON A 6435 KIWI PL CARLSBAD CA 92009 FRIJON LOUIS J 6474 ALEXANDRI CIR CARLSBAD CA 92009 GALL1 JAESON PBOKEEFE MEGHAN GAD HONG-GUANG&LIN XIAO- L 6459 ALEXANDRI CIR CARLSBAD CA 92009 GENTZLER TAMARA L 6325 ALEXANDRI CIR CARLSBAD CA 92009 HONG CARLSBAD CA 92009 1715 BLUEBIRD LN GOETZ MARY 6341 ALEXANDRI CIR CARLSBAD CA 92009 HAGAN GERALD C&PATRICIA A HALDEMAN JENNIFER D 6442 KINGLET WAY CARLSBAD CA 92009 6478 ALEXANDRI CIR 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CA 92009 6373 ALEXANDRI CIR CARLSBAD CA 92009 SAMONS FAMILY TRUST CARLSBAD CA 92009 1720 BLUEBIRD LN SCALZO DENISE M 6448 ALEXANDRI CIR CARLSBAD CA 92009 SHAW JIM L&SHARRON G 6450 KINGLET WAY CARLSBAD CA 92009 SILVER REAL ESTATE PARTNERS SAN MARCOS CA 92069 1260 WHITE SANDS DR SMITH PAUL E 20065 N TEALSTONE DR SURPRISE AZ 85374 SOURADA VACLAV&VERA 6427 GADWALL CT CARLSBAD CA 92009 SAMSAM-SHARIAT SEYED 6475 KINGBIRD M&DAMADZADEHROYA CARLSBAD CA 92009 ROBINSON WILLIAM R&LYNNE D 6331 ALEXANDRI CIR CARLSBAD CA 92009 RYBlCKl WILLIAM E&CONNIE L CARLSBAD CA 92009 1728 BLUEBIRD LN SANDQUIST FRED C&SANDRA L 6408 CROSSBILL CT CARLSBAD CA 92009 SHARAK DAVID E&NICOL-SHARAK MICHELE D 6355 ALEXANDRI CIR CARLSBAD CA 92009 SHARAR DOLORES A 6458 FICUS PL CARLSBAD CA 92009 SHAYMAN WILLIAM S 6394 ALEXANDRI CIR CARLSBAD CA 92009 SIMONS FAMILY TRUST 12-18-84 331 1 CAMlNlTO CAB0 VIEJO DEL MAR CA 92014 SMYTHE GERALDINE A TRUST 10- 09-91 6465 ALEXANDRI CIR CARLSBAD CA 92009 SPITZER STEPHEN N&HAEJA L 6428 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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 STE 102 GARY RESOURCE CONSER DAVIS CA 95616 2121-C SECOND ST COUNCIL ON ENVIRONMENTAL QUALITY 722 JACKSON PL NW CHAIRMAN WASHINGTON DC 20006 DEPARTMENT OF DEFENSE LOS ANGELES DlST ENGINEER PO BOX 271 1 LOSANGELES CA 90053 DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIR STE 350 901 MARKET ST SAN FRANCISCO CA 94103 STE 400 61 1 RYAN PLAZA DR ARLINGTON TX 76011-4005 DEPARTMENT OF FISH & GAME ENVIRONMENTAL SERVICES DIV P 0 BOX 944246 SACRAMENTO CA 94244-2460 DEPARTMENT OF FOOD &AGRICULTURE DEPARTMENT OF FORESTRY STEVE SHAFFER, AGRICULTURE RESOURCES DOUG WICKIZER, ENVIR COORD RM 100 P 0 BOX 944246 1220 N ST SACRAMENTO CA 94244-2460 SACRAMENTO CA 95814 DEPARTMENT OF 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D CHAPTER CRAIG ADAMS 3820 RAY SAN DIEGO CA 92101 CYRlLlMARY GIBSON LOS ALAMITOS CA 90702 12142ARGYLE DR LAKESHORE GARDENS BILL McLEAN 7201 AVENIDA ENCINAS 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 STE 8-5 SAN DIEGO CA 92123 5201 RUFFIN ROAD 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 5200 EL CAMINO REAL LEE ANDERSON 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 eEAL FOW I (We) appeal the decision of the City of Carlsbad Planning Commission btheCarlsbadcwCoundl' (MP 177(DD)/CUP 01-22/HDP 01-07/CDP 01-31 Date of Decision you are appealing: Zone 19 Park February 20, 2002 .- Please see attached ADDeal information 1200 Carlsbad Village Drivs - Carlabad. California 92008-1W9 - (619) 434-2808 @ Appellant: Appeal of: Sore1 Norlin, on behalf of the Brindisi at Aviara Premier Collection Association Decision of the Carlsbad Planning Commission, specifically the addendum to the EIA Part I1 to develop a community park on a site located at the northern terminus of Ambrosia Lane within Local Facilities Management Zone 19. Date of Decision: February 20, 2002 Subject of Appeal: Carlsbad Planning Commission February 20,2002, Items MP 177 (DD)/CUP 01-22MDP 01-07iDCP 01-31 - Zone 19 Park, Resolutions No. 5108,5156,5109, 5110,5111 Planner: Elaine Blackbum Engineer: Jeremy Riddle Request for a Minor Master Plan Amendment to the Aviara Master Plan for Planning Area 32 and a Conditional Use Permit, Hillside Development Permit, and Coastal Development Permit, and addendum to the EIA Part I1 to develop a community park on a site located at the northem terminus of Ambrosia Lane within Local Facilities Management Zone 19. The Brindisi at Aviara Premier Collection Association specifically appeals the development of a community park on a site located at the northern terminus of Ambrosia Lane within Local Facilities Management Zone 19. Reasons for Appeal: We oppose the Planning Commission’s decision to place the entrance to the proposed community park at the northern terminus of Ambrosia Lane. The decision makers failed to adequately investigate and address noise abatement issues, increase in traffdtraffic control issues, and safety issues. The decision makers failed to properly ensure that this proposal will not detrimentally affect the neighboring communities, and have furfher not proven that the entrance to the proposed park cannot be located at another site within Zone 19. Decision makers have inadequately investigated the impact of the proposed community center, the size of community center, and the issuance of future alcohol permits in connection with the placement of the community park. G:\12\193S!DMFMisc\CCity AppeaLwpd SIMON J. FREEDMAN DAVID M. PETERS KEENAN A. PARKER MARK T. GUITHUES MICHAEL G. KIM STEPHEN M. KIRKLAND LAlJRlE F. MASOTTO ~~~~~~~~ JAMES R. McCORMlCK JR. STEVEN R. NAPOLES JEFFREY R. PRATT OF COUNSEL LAURIE S. POOLE PETERS & FREEDMAN, L.L.P. ATTORNEYS AT LAW 191 CALLE MAGDALENA. SUITE 220 ENCINITAS. CALIFORNIA 92024 Fax: (760) 436-3442 Tel: (760) 436-3441 mail@hoolaw.com w.hao/ow.com 74-075 EL PASEO, SUITE C-4 PALM DESERT OFFICE PALM DESERT, CA 92260 Tel (760) 773-4463 Assessments: (760) 773-2626 Fan: (760) 773-0919 March 1,2002 City of Carlsbad Office of the City Clerk 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 RE: Brindisi at Aviara Premier / Appeal to Planning Commission Decision on 2/20/02. Our File No. 1935 Dear Sir or Madam: Please be advised that the law firm of Peters & Freedman, L.L.P. represents the Brindisi at Aviara Premier Collection Association in the above-referenced matter. Enclosed please find the payable to the City of Carlsbad for $660.00. Association’s Appeal form pertaining to the above-referenced matter, along with a check made We request a copy of the agenda for the Appeal hearing date once such date has been determined. Please direct all future communications through this office. Sincerely, PETERS & FREEDMAN, L.L.P. n DaddM. Peters, Esq. DMP\tmf Enclosures cc: Board of Directors G:\12\1935\DMP\Ltrs\Ci~-Clerkl.wpd CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92008 (760) 602-2401 AMOUNT - ! .. PAY'EXACTLY ******660*DOLLARS AND QO*CENTS TOTHE PAY ORDER OF - City of Carlsbad Records Management Department August 12,2002 Sore1 Nolin 6349 Alexandri Circle Carlsbad, CA 92009 RE: ZONE 19 (AVIARA COMMUNITY PARK) - LCPA 02-03 AND APPEAL OF PLANNING COMMISSION APPROVAL OF MP 177(DD)iCUP 01-22iHDP 01- 07iCDP 0 1-3 1 The Carlsbad City Council, at its meeting of August 6,2002, heard the above referenced matter and adopted Resolution No. 2002-236, approving the project and upholding the decision of the Planning Commission. Enclosed for your records is a copy of the fully executed Resolution. The Council also directed that the installation of the traffic light and queue detector be expedited, and directed that the appeal fee be refunded. Our office has begun the process to refund the fee per Council direction. Enc. (1) cc: David M. Peters, Esq. Brindisi At Aviara 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @ - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD TO ADOPT A MITIGATED NEGATIVE MONITORING AND REPORTING PROGRAM AND TO DECLARATION, ADDENDUMS 1 and 2 AND MITIGATION APPROVE A LOCAL COASTAL PROGRAM AMENDMENT AND TO UPHOLD THE DECISION OF THE PLANNING COMMISSION AND DENY THE APPEAL FOR A COMMUNITY PARK TO BE LOCATED AT THE NORTHERN TERMINUS OF AMBROSIA LANE. CASE NAME: ZONE 19 (AVIARA COMMUNITY) PARK CASE NO.: LCPA 02-03/MP 177(DD)/CUP 01-22/HDP 01- 07/CDP 01-31 WHEREAS, on February 20, 2002, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Mitigated Negative Declaration, Addendum 1 and a Mitigation Monitoring and Reporting Program, and a Minor Master Plan Amendment (MP 177(DD)), Conditional Use Permit (CUP 01-22), Hillside Development Permit 01-07, and Coastal Development Permit (CDP 01-31) to allow the development of a City park on property located at the northern terminus of Ambrosia Lane (Planning Area 32 of the Aviara Master Plan); and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Planning Commission considered all factors relating to the Mitigated Negative Declaration, Addendum 1 and the Mitigation Monitoring and Reporting Program, Minor Master Plan Amendment, Conditional Use Permit, Hillside Development Permit, and Coastal Development Permit; and, WHEREAS, on February 20, 2002, the Carlsbad Planning Commission adopted Planning Commission Resolutions No. 5108, 5156, 5109, 5110, and 5111 recommending that the Council adopt a Mitigated Negative Declaration, Addendum 1 and a Mitigation Monitoring and Reporting Program and approving a Minor Master Plan Amendment (MP 177(DD)), Conditional Use Permit (CUP 01-22), Hillside Development Permit 01-07, and Coastal Development Permit (CDP 01-31); and, 1 .- L * - 4 C - t r I E 5 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Aviara Master Plan is the implementing document for the Aviara Master Plan Local Coastal Program and constitutes the regulations and policies of the Aviara Master Plan Local Coastal Program; and, WHEREAS, 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 I segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that no policies are being amended by this action; and, WHEREAS, the proposed amendment to the Mello I segment of the Carlsbad Local Coastal Program is required to bring it into consistency with the adopted Aviara Master Plan; and, WHEREAS, the City Council did on the 6th day of August , 2002 hold a duly noticed public hearing as prescribed by law to consider the Mitigated Negative Declaration and two Addendum (Addendum 2 attached) and the Mitigation Monitoring and Reporting Program, and Local Coastal Program Amendment, Minor Master Plan Amendment, Conditional Use Permit, Hillside Development Permit, and Coastal Development Permit; and, The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That the above recitations are true and correct. Resolutions No. 5108, 5156, 5109, 5110, and 51 11 and the findings in this City Council 2. That the findings of the Planning Commission in Planning Commission Resolution constitute the findings of the City Council in this matter. .... .... II Page 2 of 3 of Resolution No. 20&"236 I il 1 2 3 4 5 6 7 8 9 10 11 12 13 14 17 18 19 20 21 22 23 24 25 26 27 28 3. That the Mitigated Negative Declaration, Addendums 1 and 2, the Amendment (MP 177(DD)), Conditional Use Permit (CUP 01-22), Hillside Development Permit Mitigation Monitoring and Reporting Program are adopted, and the Minor Master Plan (HDP 01-07), and Coastal Development Permit (CDP 01-31) are approved as shown on Planning Commission Resolutions No. 5108, 5156, 5109, 5110, and 5111 on file with the City Clerk and incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 6th day of August 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hal: NOES: None ABSENT: None ATTEAT Page 3 of 3 of Resolution No. 2002-236 -3- July 3,2002 -ADDENDUM 2 TO EIA FOR LCPA 02-03/MP 177(DD)/CUP 01-22/HDP/01-07CDP 01-31 FOR ZONE 19 (AVIARA COMMUNITY) PARK The California Environmental Quality Act (CEQA) S-ection 15164 describes the circumstances under which an addendum to an EIR or Negative Declaration is required and the required procedures for an addendum. Pursuant to that section, an addendum may be prepared if only minor technical changes or additions are necessary and those technical changes or additions do not trigger a supplemental EIR or Negative Declaration. Section 15164 also directs that an addendum need not be circulated but can be included in or attached to the final Negative Declaration. The incorporation of this additional discussion has not resulted in any new or changed mitigation for the subject project. Thus, this information satisfies CEQA Section 15164 as an addendum. Staff has prepared this second Addendum for this project in order to: A. ensure that the environmental documents for this project fully incorporate and reference all biological resources reports, letters, and survey information related to the project and to clarify the discussion of project impacts; B. incorporate correspondence from USFWS and CDFG offering their concurrence on two topics; and, C. clarify the need for the proposed minor LCPA. A. Bioloqical Resources SurvevslReports A Biological Resources Report for Aviara Community (Zone 19) Park was prepared in April 2002 by P&D Environmental. That report reiterates that the project would result in temporary impacts to .03-acre of disturbed coastal sage scrub, as discussed in the original environmental initial study. The report also discusses the encroachment into approximately .Ol-acre of potential ACOE jurisdictional waters. The original environmental analysis estimated this encroachment as approximately .09-acre. However, the more detailed (later) biological report concludes that the encroachment would be only .Ol-acre. This reduction in the encroachmenUtemporary impact area is the result of a more detailed analysislcalculation. The original mitigation plan required that the encroachment area (whatever its size) be replanted in native vegetation. That mitigation is still required, so there is no change in the mitigation requirements for the project as a result of this lessened impact. The .03-acre encroachment into disturbed coastal sage scrub (for the necessary slope stabilization) can be considered "de minimis" by CDFG and USFWS if there are no California gnatcatchers in the area of disturbance. Consequently, protocol surveys were conducted by P&D Environmental for the presence of gnatcatchers in late Maylearly June, and a letter was prepared (dated June 11, 2002) to summarize the survey results. That letter states that no gnatcatchers were sighted or heard in the JULY 3,2002 -ADDENDUM 2 TO EIA FOR LCPA 02-03/MP 177(DD)/CUP 01-22/HDP/OI-O7CDP 01-31 FOR ZONE 19 (AVIARA COMMUNITY) PARK project impacts area. The letter concludes that, in the biologist's opinion, the proposed project will not have any direct impacts on California gnatcatchers. The original environmental documents and project conditions addressed such potential indirect impacts as light spillage and grading restrictions. B. USFWSKDFG Concurrence On the basis of the biological resources reports, City staff requested and received written concurrence from CDFG and USFWS that the .03-acre take of coastal sage scrub is "de minimis" in nature. Staff also requested and received written concurrence from CDFG and USFWS that the open space corridor on the site (to the north of the park use area) was established in consultation with CDFG and USFWS and satisfies all NCCP requirements. The Aviara Master Plan requires that the corridor be established in consultation with the agencies. Since the City's HMP hardlines have been developed in consultation with the agencies, this project is consistent with the HMP with the exception of the encroachments (necessary for storm water management and slope stabilization) sited in the earlier environmental documents for the project. C. Minor Local Coastal Proqram Amendment As indicated in the Planning Commission staff report, dated February 20, 2002, this project requires the approval of a Minor Master Plan Amendment to the Aviara Master Plan. The amendment was necessary to revise the maximum allowed height in Planning Area 32 (the park site) from its current limit (1 8') to the height typically allowed in the Open Space Zone (25' plus any additional height allowed through a Conditional Use Permit). The park site is within the Mello I segment of the City's Coastal Program. When the Aviara Master Plan was originally approved in 1987, a Local Coastal Program Amendment was also approved. As a result of those actions, the approved Aviara Master Plan is the implementing document for the Coastal Program within the Aviara community. Since the Master Plan text (Le., the LCP) includes a height limitation of 18', an LCPA must be approved by City Council to ensure continued consistency between the proposed Master Plan and the Local Coastal Program. It should be noted that the proposed building height has not changed since the original EIA Part II was prepared for the project. Staff has spoken with Coastal Commission staff, and Coastal staff has indicated that they believe the LCPA height limit change can be considered "minor" in nature pursuant to Section 13554 of the California Coastal Regulations and Section 30514(c) of the Public Resources Code. The Coastal Commission can determine that an action is minor if it satisfies one or more of several justifications. In this case, the proposed project satisfies the requirement that the project does not "change the kind, location, intensity, or density of use". 3 Rec: 0 Approve 0 Disapprove Date Finance Investigation: Rec: n Approve 0 Disapprove Dept. Head Signature Date City Manager's Action: Approve 0 Disapprove City Manager Signature Date @