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HomeMy WebLinkAbout2003-01-21; City Council; 17053; Thompson/TabataCITY OF CARLSBAD - AGENDA BILL AB# 17,053 TITLE: THOMPSON/TABATA DEPT. HD. MTG. 1-21-03 CITY ATTY. CDP 98-68(A) DEPT. PLN I CITY MGR k RECOMMENDED ACTION: That the Council ADOPT Resolution No. 2003-026 , APPROVING the Coastal Development Permit Amendment for the Thompsonnabata residential subdivision. ITEM EXPLANATION: On December 18, 2002, the Planning Commission conducted a public hearing and recommended approval of the Coastal Development Permit for the Thompsonflabata residential subdivision. The proposal involves the modification of a permit condition that prohibited grading during the “rainy season,” or from October 1 to April 1. The modified condition would bring the project up to the current legal standard applicable in the remaining portions of the Mello I and Mello I1 segment of the LCPA. The new condition would allow the City Engineer to permit grading during the “rainy season” provided that all necessary erosion control measures are in place prior to the commencement of grading. The allowance for grading within the Mello I and II segments of the Coastal Zone during the “rainy season” for sites that have low risk of off-site siltation and subsequent damage to coastal resources was approved by the City Council on June 21, 2001, through Ordinance NS-589. The Coastal Development Permit for the Thompsonnabata project, however, included the restriction on grading during the winter months. Therefore, the proposed action would bring the Thompsonrnabata residential development up to the current standard for grading within the Mello I and II segments of the Coastal Zone. There was public testimony offered from two adjacent property owners expressing concem about the probability of off-site erosion impacts should grading operations be allowed during the winter months and a major rain event occur. According to the applicant‘s engineer, the erosion control and 3esiltation devices are designed to accommodate a 100-year storm (i.e. a storm so intense that it Nould occur on average only every one hundred years). The Principal Civil Engineer for Land Use Development noted that there is greater protection of adjacent properties during large rain events if the developer is grading because the equipment and personnel are already dispatched to the site and the developer must install erosion control measures. Currently the site is vacant and unoccupied and contains barren areas that could be susceptible to erosion during heavy rains. Also according to the applicant, grading of the ThompsonFabata site during the “rainy season” would allow them to complete their entire mass grading operation before July, thus reducing impacts to neighboring residents from grading operations during the summer months. Staff and the Planning Commission found that the proposal was consistent with the applicable -egulations and are recommending approval of the ThompsonfTabata Coastal Development Permit 4mendment. ENVIRONMENTAL: The existing Mitigated Negative Declaration for the Thompsonnabata subdivision, adopted by the 3ty Council concurrent with the original project approvals on February 12, 2002, reviewed all of the Iotential environmental impacts associated with development of the project site. The project jescription, impact analysis, and mitigation measures make no mention of the restriction of grading juring the winter months. In addition, the mitigation measures require the compliance of the project Nith the project-specific soils and geotechnical report and hydrology report, as well as the PAGE 2 OF AGENDA BILL NO. 17,053 requirements of the National Pollutant Discharge Elimination System (NPDES) Permit. All erosion control measures must be installed prior to the commencement of grading. Given the above, there have been no changed circumstances or other requirements for subsequent environmental review, as defined in Section 15162 of the State DEQA Guidelines. FISCAL IMPACT: There is no fiscal impact to the City as a result of this Coastal Development Permit Amendment as no alterations to the fees or exactions required of the previously approved project are proposed. EXHIBITS: 1. Council Resolution No. 2. Location Map 3. Planning Commission Resolution No. 5327 4. Planning Commission Staff Report, dated December 18,2002 5. Draft Excerpt from Planning Commission Minutes, dated December 18,2002. 2003-026 a 1 1 L 6 c ? I 8 5 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AMENDMENT FOR THE THOMPSON/ TABATA RESIDENTIAL SUBDIVISION, LOCATED NORTH AND SOUTH OF POINSETTIA LANE, BETWEEN SNAPDRAGON DRIVE AND AVIARA PARKWAY. IN THE SOUTHWEST QUADRANT. CASE NAME: THOMPSONITABATA CASE NO.: CDP 98-68(A) WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on December 18, 2002, hold a duly noticed public hearing as prescribed by law to consider a Coastal Development Permit Amendment; and WHEREAS, the City Council of the City of Carlsbad, on the 21st day of January , 2003, held a duly noticed public hearing to consider the Coastal Development Permit Amendment, and at the time received recommendations, objections, protests, and comments of all persons interested in or opposed to CDP 98-68(A); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad. California, as follows: 1. That the above recitations are true and correct, 2. That the City Council approves the application for a Coastal Development Permit Amendment to conditionally allow grading during the winter months on property generally located north and south of Poinsettia Lane, between Snapdragon Drive and Aviara Parkway, as shown in Planning Commission Resolution No. 5327 and the findings and conditions of the Planning Commission as set forth in those resolutions, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. .... .... .... .... .... .... 3 2 s 1( 11 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 21st day of Januarv 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None. ABSENT: None. ATTEST: . 1zv*tc/ WOOD, City Clerk . h7YZzaL ge 2 of 2 of solution No. 2003-026 -2- 4 EXHIBIT 2 THOMPSONITABATA CDP 98-68(A) t t 5 1( 11 1: 12 1L 15 It 17 18 19 2c 21 22 23 24 25 26 27 28 I EXHIBIT 3 ~ PLANNING COMMISSION RESOLUTION NO. 5327 A RESOLUTION OF THE PLANNING. COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO COASTAL GRADING FOR THE DEVELOPMENT OF AN 83 ACRE, 262 UNIT RESIDENTIAL SUBDIVISION ON PROPERTY GENERALLY LOCATED ON THE NORTH AND SOUTH SIDE OF POINSETTIA LANE, BETWEEN AVIARA PARKWAY AND SNAPDRAGON DRIVE IN THE COASTAL ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 20 CASE NAME: THOMPSONJTABATA CASE NO.: CDP 98-68(A) WHEREAS, Standard Pacific Homes, “Developer”/”Owner,” has filed a DEVELOPMENT PERMIT CDP 98-68 TO ALLOW WINTER verified application with the City of Carlsbad regarding property described as The northeast quarter of the northeast quarter and the southeast quarter of the northeast quarter of Section 28, Township 12 South, Range 4 West, San Bernardino Meridian, according to official plat thereof; together with that portion of the southeast quarter of Section 21, Township 12 South, Range 4 West of the San Bernardino Meridian, according to official plat thereof, shown on Parcel B on a Certificate of Compliance recorded November 7, 1988 as File No. 88-569475 and on Record of Survey Map No. 12096, filed on March 23,1989; all lying within the City of Carlsbad, County of San Diego, State of California; except therefrom those portions thereof vested with Tabata Brothers Partnership by documents recorded November 13, 1972 as File No. 303362 and November 4, 1974 as Files No. 74-292547 and 74-292548; and except therefrom those portions lying within Poinsettia Lane and Rose Drive as described in Files No. 89-546752,89-637695,90-146889 and 91- 0036964 of Official Records (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit Amendment as shown on Exhibits “A” - “EEEE” dated November 7, 2001, on file in the Planning Department, THOMPSONiTABATA - CDP 98-68(A) as provided by Chapter 21.201 of the Carlsbad Municipal Code; and 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Planning Commission did, on the 18th day of December, 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHERFAS, 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 Coastal Development Permit Amendment. WHEREAS, on December 5, 2001, the Planning Commission recommended approval of CDP 98-68, as described and conditioned in Planning Commission Resolution No. 5078. WHEREAS, on January 22, 2002, the City Council approved CDP 98-68, as described and conditioned in Planning Commission Resolution No. 5078. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of THOMPSONRABATA - CDP 98-68(A) based on the following findings and subject to the following conditions: Findinps: 1. The adopted findings for CDP 98-68 which are contained in Planning Commission Resolution No. 5078 apply to this extension and are incorporated by this reference. 2. The project’s grading is in an area of low risk in that the site is located east of Interstate 5 and the project’s drainage, which flows to the existing detention basin system north of Batiquitos Lagoon, does not impact any lagoons or drain directly into the ocean. 3. That the proposed erosion control measures and drainage improvements will result in better erosion control and water quality than the existing condition. Conditions: 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 PC RES0 NO. 5327 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval 01 this Coastal Development Permit Amendment. 2. All conditions of approval imposed upon Coastal Development Permit CDP 98-68 as stated in Planning Commission Resolution No. 5078 shall apply as conditions of approval for CDP 98-68(A) and are incorporated by this reference, except Condition No. 8 is replaced by Condition No. 3 below. 3. The project’s grading is in an area of low risk to sensitive coastal resources and, therefore, grading operations are allowed year-round provided that, prior to the commencement of grading operations, all erosion and sediment control protective devices designed to prohibit discharge of sediments offsite during and after the grading operation is completed must be installed 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 “feedexactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... PC RES0 NO. 5327 8 1 2 3 4 5 6 7 8 9 10 11 1: 1: 1r If 1t 1; 1t 15 2( 21 22 22 24 2( 2 21 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 18th day of December, 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners: Baker, Dominguez, Heineman, Segall, White, and Whitton. NOES: None. ABSENT: None. ABSTAIN: None. SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5327 5 The Clty of Carlsbad Planning Department EXHIBIT 4 Application complete date: November 12,2002 P.C. AGENDA OF: December 18,2002 . . Project Planner: Michael Grim Project Engineer: Clyde Wickham SUBJECT: CDP 98-68(A) - THOMPSONRABATA - Request for a Coastal Development Permit Amendment to modify a condition to allow grading during the winter “rainy season” for an 83 acre, 262 unit residential subdivision located north and south of Poinsettia Lane, between Aviara Parkway and Snapdragon Drive in Local Facilities Management Zone 20. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5327, RECOMMENDING APPROVAL of Coastal Development Permit Amendment CDP 98-68(A) based on the findings and subject to the conditions contained therein. 11. INTRODUCTION This application is a proposed amendment to Coastal Development Permit 98-68 to allow grading during the winter “rainy season” for the development of an 83 acre, 262 residential subdivision located north and south of Poinsettia Lane, west of Aviara Parkway. The proposed grading operations include all necessary erosion control measures to preclude off site erosion and sedimentation and staff has no issues with the proposal. 111. PROJECT DESCRIPTION AND BACKGROUND On January 22, 2002, the City Council approved CDP 98-68 and related permits to allow the development of an 83 acre, 262 residential subdivision located north and south of Poinsettia Lane, west of Aviara Parkway. The resolution of approval contained a condition that states, “If a grading permit is required, all grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the “dry season,” April 1st to October 1st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer and only if all erosion control measures are in place by October 1st.” This application is to modify that condition to allow grading during the “rainy season.” The justification for the allowance is that the property is in an area of “low risk” and that the proposed erosion control measures and drainage improvements will result in better erosion control and water quality than the existing condition. Areas of “low ris!? are areas that, if graded during the “rainy season,” will not have a negative impact on coastal resources. This property does not drain directly into any of Carlsbad’s lagoon bodies or the ocean. The project’s waters, after treatment, drain into the existing storm drain system and the existing detention basins north of Batiquitos Lagoon. All grading activities during the “rainy season” will require that all erosion control measures be in place during the grading operation. The project still meets the development standards of the zone and staff has no issues with the proposal. CDP 98-68(A) - THOMPSuNITABATA December 18,2002 Pane 2 A recent amendment to the Mello II segment of the City’s Local Coastal Program was approved by the Coastal Commission that conditionally allows grading during the “rainy season” for projects of low risk to sensitive coastal resources. The City Council approved this LCP amendment, incorporating the year-round grading provision into the Zoning Ordinance; however, the printed copy of the Municipal Code was not revised to reflect this change in the legal standard. Therefore, the ThompsodTabata residential development project was conditioned to comply w ith the previous legal standard on grading within the “rainy season.” The proposed amendment to the Coastal Development Permit for the ThompsodTabata residential development brings the project up to the current standard for Coastal Zone grading during the “rainy season” for projects of low risk to sensitive coastal resources. IV. ANALYSIS A. The ThompsodTabata project is still consistent, as conditioned, with all applicable plans, policies and regulations described below: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Carlsbad General Plan; Local Coastal Program; Zone 20 Specific Plan (SP 203); One-Family Residential Zone (Chapter 21.10 of the Zoning Ordinance); Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); Inclusionary Housing Ordinance (Chapter 21.85 of the Zoning Ordinance); Planned Development Ordinance (Chapter 21.45 of the Zoning Ordinance); Hillside Development Ordinance (Chapter 21.95 of the Zoning Ordinance); Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance); Zone 20 Local Facilities Management Plan. B. The adopted project findings for CDP 98-68, which are contained in Planning Commission Resolution No. 5078, still apply to this project (CDP 98-68(A)). C. The adopted project conditions for CDP 98-68, which are contained in Planning Commission Resolution No. 5078 still apply to this project (CDP 98-68(A)) with the exception of Condition No. 8 which is amended by Condition No. 3 in Planning Commission Resolution No. 5327 to allow winter grading. V. ENVIRONMENTAL REVIEW The existing Mitigated Negative Declaration for the ThompsodTabata subdivision reviewed all of the potential environmental impacts associated with the development of the project site. The project description, impact analysis, and mitigation measures make no mention of the restriction of grading during the winter months. In addition, the mitigation measures require the compliance of the project with the project-specific soils and geotechnical report, the project- specific hydrology report, and the requirements of the National Pollutant Discharge Elimination System (NPDES) Permit. CDP 98-68(A) - THOMPSUN/TABATA December 18,2002 Page 3 All erosion control measures are required to be installed prior to the commencement of grading and no off-site sedimentation is allowed. The project site drains into the City storm drain system, which feeds into the existing desiltation basins north of Batiquitos Lagoon. Given the previous environmental review for the project, and the existing erosion control requirements of the City, there have been no changed circumstances or other requirements for subsequent environmental review, as defined in Section 15162 of the State CEQA Guidelines. No additional impacts are associated with proposed modification and no substantial evidence exist, in light of the whole record, that the project as revised may have a significant effect on the environment. No further environmental review is required for the project. ATTACHMENTS: 1. Planning Commission Resolution No. 5327 (CDP 98-68(A)) 2. Location Map 3. Disclosure Statement 4. Planning Commission Resolution No. 5078 (CDP 98-68) /a DISCLOSURE STATEMENT Applicant’s Statement or disclosure Of certain ownership interesrs on all applications which will require discretionap action on the pan of the City Council or any appointed Board. Commission or Cornminee. The following information MUST be disclosed at the time of application subminal. Your project callnol be reviewed until this information is completed. Please print. Note: person is defmd as “Any individual, fm, co-parmenhip. joint venture. association. social club. fraternal organization. corporation, estate, mrtt, receiver, syndicate, in this and any other county, city and county. cir) municipality, district or other political subdivision or any other pup or combination acting as a unit.” Agents may sign this document; however, the legal name and enti& of the applicant and propei-y owner must be provided below. I. APPLICANT (Not the applicant‘s agent) Provide the COMPLETE. LEGAL names and addresses of & persons having a financial interest in the application. If the applicant includes a cornoration or oartnenhio. include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names. titles. and addresses of the corporate officers. (A separate page may be anached if necessary.) INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- Personmd Pap1 f 1 r rnrp Title .. ., CorpIPan N/R. GPO at.trrho8 - a Delaware corporation Title Address 9335 Chesapeake Dr. Address San .Diego, CA 92123 7 -. OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of & persons having any ownership interest in the propeny involved. Also. provide the nature of the legal ownership (i.e, partnership. tenants in common. non-profit. corporation. etc:). If the ownership includes a corporation or oannership. include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE W/A) IN THE SPACE BELOW. If a publiclv- owned cornoration. include the names. titles. and addresses ofthe corporate officers. (A separate page may be attached if necessary.) Person See attached Daae(s) CorplPan NA Title Title Address Address 2075 Las Palrnas Dr. - Carlsbad. CA 92009-7376 - (760) 438-1161 - FAX (760) 438-0894 @ /3 -1. Have you had more than $250 worth of business transacted with any member of Ci.? staff. Boards. Commissions. Comminees and/or Council within the past rwelve (12) months? Yes a KO If yes. please indicate person(s): NOTE: Attach additional sheets if necessary. 1 ccnif?r that all the above information is true and correct to the best of my knowledge. See attached Signature page(s) Signature of owner/datc Ibid. Print or type name of owner Print or type name of applicant Standard Pacific COW-r a Delaware corporation Signature of owner/applicant's agent if applicable/date Print or type name of owneriappiicant's aient H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 I4 POlNSEITlA PROPERTIES DISCLOSURE STATEMENT OWNER DlSCLOSURESlSlGNATURES APN(S): Por. 214-17049 APN(S): 214- 170 - 09,36 d 47 OWNER David B. Thompson and Karen R. OWNER: D US- Lim,~~~ljlfycpr?pm~ ADDRESS: 7040 Rose Drive, Carlsbad CA 92009 ESS: YOYO RPSC Drive Thompson Revocable Trust \ i C”, Y-2-78 labad CIp- 92009 BY: L <.<. .’ \ .: . ‘1.. ..\. - , , - , . ..i. ..< LC- (signature I date) (rignatureldate) David B. Thompson DW;~ 8. momPson (print name) (print name) Trustee G~7rdr-J vlT)~~tr (title) (We) .. 1 2 ‘1 4 5 6 7 E s 1c 11 12 12 1L 1: 1f 1; 15 IS 2( 21 2; 7: ” 2L 2! 2t 2: 21 PLANNING COMklISSION RESOLUTION NO. 5078 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA. RECOMMENDING 68 TO ALLOW THE SUBDIVISION, GRADING AND CONSTRUCTION OF 82.20 ACRES, CREATING 23s SINGLE FAMILY LOTS WITH DWELLINGS, TWO OPEN SPACE LOTS, THREE RECREATION LOTS, ONE RECREATIONAL VEHICLE STORAGE LOT AND A 24 UNIT, FOR-SALE CONDOMINIUM PROJECT AFFORDABLE TO LOWER- APPROVAL OF COASTAL DEVELOPMEhT PERMIT CDP 9S- INCOME HOUSEHOLDS, ON PROPERTY GENERALLY LOCATED NORTH AND SOUTH OF POINSETTIA LANE, BETWEEN AVIARA PARKWAY AND SNAPDRAGON DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: THOMPSONRABATA CASENO.: CDP 98-68 WHEREAS, Standard Pacific Homes, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Standard Pacific Corporation, and David B. Thompson and Karen R Thompson, “Owners”, described as The northeast quarter of the northeast quarter and the southeast quarter of the northeast quarter of Section 28, Township 12 South, Range 4 West, San Bemardino Meridian, according to the official plat thereof; together with that portion of the southeast quarter of Section 21, Township 12 South, Range 4 West of the San Bemardino Meridian, according to the official plat thereof, shown on Parcel B on a Certificate of Compliance recorded November 7,1988 as File No. 88-569475 and on Record of Survey Map No. 12096, filed on March 23, 1989; all lying within the City of Carlsbad, County of San Diego, State of California; except therefrom those portions thereof vested with Tabata Brothers Partnership by documents recorded November 13, 1972 as File No. 303362 and November 4, 1974 as Files No. 74-292547 and 74- 292548; arid except therefrom those portions lying within Poinsettia Lane and Rose Drive as described in Files No. 89-546752, 89- 637695.90-146889 and 91-0036964 of Official Records (“the Property”); and WHEREAS, said verified application constitutes a request for a coastal Development Permit as shown on Exhibits ‘A” - “EEEE” dated November 7,2001, on file in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Planning Department, THOMPSONRABATA - CDP 98-68 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did. on the 7th day of November 2001 and on the 5th day of December 2001 hold a duly noticed public hearing as prescribed by lax 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 Carkbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public heating, the Commission RECOMMENDS APPROVAL of THOMPSONRABATA - CDP 98-68 based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the proposal does not disturb the existing coastal sage scrub habitat and includes on-site mitigation for the disturbance to the 0.1 acre southern willow scrub habitat; the grading for the project will conform to the City Standards thereby precluding off-site erosion; the project site is located over 1 mile from the Pacific Ocean and no coastal access opportunities exist on the site. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project site is located over 1 mile from the Pacific Ocean and is bisected by a fully improved major arterial roadway. No coastal access opportunities exist on the site and public access through the area is already provided by Poinsettia Lane. 3. The project is consistent with tbe Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance), in that the project is conditioned to pay the required agricultural conversion mitigation fee. 4. The project is consistent with tbe provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to-avoid increased runoff and soil erosion; no steep slopes PC RES0 NO. 5078 -2- 1 2 3 4 5 6 - I E S 10 11 12 13 14 IS 16 17 18 1s 2c 21 22 23 24 25 26 27 28 exist on the property; and the site is not prone to landslides or susceptible IO accelerated erosion, floods or liquefactions. 5. The project site is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). 6. The project is not located within the Mello I Segment and, therefore. is not subject to the provisions of the Coastal Resource Overlay Zone Mello I Segment Ordinance (Chapter 21.205 of the Zoning Ordinance). Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit or final map, whichever occurs first. 1. 2. 3. 4. 5. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. NO vested rights are gained by Developer or a successor in interest by the City’s approval of this Coastal Development Permit. 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. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and. hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Coastal 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. PC RES0 NO. 5078 -3- 18 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 6. 7. 8. 9. 10. This approval is granted subject to the approval of ZC 98-08, LCPA 98-04. CT 98-14. PUD 98-05, CP 00-02, SDP 99-06 and HDP 98-15 and is subject to all conditions contained in Planning Commission Resolutions No. 5071, 5072, 5073. 5074. 5071. 5076 and 5077 for those other approvals. The applicant shall receive and record a final map for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 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. If a grading permit is required, all grading activities shall be planned in.units that can be completed by October 1st. Grading activities shall be limited to the “dry season”, April 1st to October 1st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer and only if all erosion control measures are in place by October 1st. Prior to issuance of fmal map, the developer shall pay the appropriate agricultural mitigation fee for the total developable acreage on the project site. The developable acreage within the project area totals 73.71 acres. The amount of the mitigation fee will be a function of the fiscal year of the final map approval as shown below: For fiscal year 2002, the fee totals $7,220.50 per developable acre; For fiscal year 2003, the fee totals $7,942.55 per developable acre; For fiscal year 2004, the fee totals $8,736.05 per developable acre; For fiscal year 2005, the fee totals $9,609.73 per developable acre; For fiscal years 2006 and beyond, the fee totals $10,000 per developable acre. 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 feedexactions of which you have previously been given a PC RES0 NO. 5078 -4- 19 1 2 3 4 5 6 7 8 9 1c 11 12 13 14 15 1f 17 1: 1' 2 2 2. 2 2, 2 2' 2 2 NOTICE similar to this, or as to which the statute of limitations has previously othenvise expired. PASSED, APPROVED ANI) ADOPTED at a regular meeting of the Planning ' Commission of the City of Carkbad, California, held on the 5th day of December 2001. by the following vote, to wit: 1 I1 NOES: ABSENT: Commissioner Nielsen ABSTAIN: JEF i CARLSBAD PLANNING COMMISSION , ATTEST 7 u4ukAd~ * '> MICHAEL J. HSLZ~LER Planning Director PC RES0 NO. 5078 -5- Planning Commission Minutes 3. CDP 98-68(A) - THOMPSON/TABATA - Request for a Coastal Development Permit Amendment to modify a condition which would allow grading during the winter “rainy season” for an 83 acre, 262 unit residential subdivision located north and south of Poinsettia Lane, between Aviara Parkway and Snapdragon Drive in Local Facilities Management Zone 20. Mr. Neu introduced Item #3 and stated that Michael Grim, Senior Planner, would make the presentation. Chairperson Trigas opened the public hearing on Item #3. Michael Grim stated the ThompsonlTabata subdivision located at the intersection of Aviara Parkway and Poinsettia Lane was approved last year. This item involves an update of the Coastal Development Permit winter grading throughout the entire Mello 1 and Mello II segments of the City’s Coastal Zone. He clarified to conditionally allow grading during the winter months. The current City regulations conditionally allow that the proposal does not include amendments to any other permits related to the development or any revisions to the project design. There are no changes to any project aspects such as the number, type or size of the proposed units, the street systems, open space preservation, or the affordable housing provision. Mr. Grim gave a brief history of the origins and applications of the coastal winter grading history. Disturbance of the earth during the rainy season could potentially lead to the offsite sedimentation of coastal resources, therefore, it is necessary to make sure all the dirt stays on-site. Historically Carlsbad had very good erosion control measures and coastal winter grading has been conditionally allowed by the Coastal Commission on a regular basis. When the City acquired permit authority through the certification of the LCPA, the ability for the City to grant winter grading allowances was not given by the Coastal Commission. Therefore, for quite some time between the original permit jurisdiction and currently, they weren’t able to allow winter grading. During the Kelly Ranch Local Coastal Program Amendment the City had discussions with the Coastal Commission, and through the suggested modification process of that LCPA. the Coastal Commission agreed to allow the City the same authority they had previously, which was to conditionally allow winter grading in the coastal zone, provided that all the erosion control amended the zoning ordinance to include that provision in the regulations. Unfortunately, the new measures were in place. To codify that, on June 21, 2001, the City Council adopted an ordinance that old Coastal Development Permit conditions so this is updating the project to the current standards. regulation was not printed in the Zoning Ordinance and Staff continued to use the old regulations and the erosion control measures in place now. A new order from the Regional Water Quality Control Board that Mr. Grim stated that Carlsbad’s erosion control standards have been very high and there are even stricter went into effect as of January 1st deals with the elimination of pollutants. That strengthens existing offsite sedimentation regulations and makes sure that even small grading projects can’t have any dirt leaving the site. Mr. Grim stated that the existing Mitigated Negative Declaration for Thompsonnabata was approved with all the other discretionary approvals. It requires that all construction activities follow the recommendations of the project specific soils and geotechnical report, the recommendations of the project specific hydrology report, and all the requirements of the NPDES permit as issued by the Regional Water Quality Control Board. Those mitigations were already incorporated into the project. The existing Mitigated Negative Declaration was responsible for reviewing all the potential impacts to development of that project site. There was no mention in that document of the winter grading prohibition in the project description, the impact analysis or the mitigation measures. The environmental review document reviewed it as if they could have grading throughout the year. All erosion control and NPDES measures must be in place prior to commencement of grading and the Engineering Inspection Division ensures that that happens before disturbing the soil. Therefore, no changed circumstances or other requirements for subsequent environmental review pursuant to the applicable section of state CEQA guidelines mandate further environmental review for this proposal. Mr. Grim outlined the following benefits of winter grading: Winter grading will adjust the timing of the project and lessen the overall duration of the construction schedule and construction impacts. It provides additional erosion control measures on the site and allows for an active staff and machinery pool to be available in case any erosion events happen. Specific to the project, Alyssum Road is the cul-de-sac Planning Commission Minutes December 18,2002 Page 4 that‘s going to be enlarged to standard cul-de-sac size. Per the developer and consultants, winter grading will allow them to do all of those operations prior to the summer. Mr. Grim stated that the regulations in the Mello I and Mello II segments conditionally allow for winter grading as a standard legal practice. The project is conditioned to comply with the NPDES regulations on all City erosion control requirements. He said winter grading may even allow for the reduction of some of the construction impacts to the neighboring properties. Mr. Grim stated there is an Errata Sheet dated December 18, 2002 that augments the Staff Report explains the existing Mitigated Negative Declaration and Staffs justification for not requiring additional previously distributed with some of the information included in the presentation. More specifically, it environmental review. Commissioner Segall said it‘s his understanding that this project was delayed with the Coastal Commission and asked what the current status is. Mr. Grim replied that the Coastal Commission did approve it and they have been in final mapping waiting for the plan checks for several months. He said he believes it‘s their intention to try and get the model complex graded and built as soon as possible. The code allows someone to take the model site and treat that as a separate project and do grading improvements, landscape plans, and building plans, provided they provide us with demolition bonds should the final map never get recorded. He said they’re in a two-tier process trying to get the models permit through and also focusing on the Phase I and Phase II maps and grading and improvement plans. Chairperson Trigas opened public testimony and invited the applicant to speak. Jack Henthorn. 5365 Avenida Encinas. Suite 8. Carlsbad, stated he represents Standard Pacific, the applicant in this matter. He said they reviewed the Staff Report and Errata Sheet and concur with the their grading before the start of the summer season and would minimize any conflicts they might have with recommendations of the Staff. He said they anticipate that by starting early they would be out the bulk of traffic on Poinsettia Lane. They anticipate the bulk of their grading activities would be completed by July if they were able to get started now. Jim Boeker, Pasco Engineering, 535 N. Hwy. 101, Solana Beach. stated he was present to represent the Tabata family. He wanted to know if all the grading for all the phases would be done by July or if it was Phase I of the models. Julie Ritter, 6846 Briarwood Drive, Carlsbad, said their property abuts right at the Tabata section on the and take down their fence and trees. She said she asked Clyde Wickham from the City’s Engineering north side of Poinsettia. She was concerned that the City of Carlsbad was requiring them to use their alley Department if they could do that and was told that under no circumstances did they tell them to do anything. She expressed concern that on the Tabata section they’re going to raise the land so that the houses will have an ocean view and it‘s going to be an extremely large grade. She said Clyde Wickham said they’re going to have to have a retaining wall because it‘s going to be so steep. Ms. Ritter was wondering since the grading is going to be so steep if it will create runoff into their wall and alley. Jim Hicks, 962 Alyssum, Carlsbad, stated he didn’t have a problem at first, but if we have an El Nino and get a lot of rain he’s concerned it will open a can of worms for a lot of damage. He said he lives in a very dangerous intersection of Snapdragon and Poinsettia. He rides a motorcycle and might hurt himself if he they’re out of the rainy season. slides out because of all the mud and silt they can’t contain. He thinks it should be put off until they know In response to Jim Boeker’s question, Mr. Henthorn stated they anticipate that all of their bulk grading will be done in July for all phases. a retaining wall along there. The slope has been redesigned so that there’s a bench in the slope and in Mr. Henthorn said the area that Ms. Ritter was concerned with has been redesigned and there is no longer essence is tiered. The area was redesigned to alleviate the concerns that were raised by the homeowners association and residents. Mr. Henthorn said they and the City share Mr. Hicks’ concerns about the rain. However, the City’s restrictions on keeping the streets clear and completely clean of any siltation, mud, or debris are very Planning Commission Minutes December 18,2002 Page 5 onerous and they don’t see a problem with that in the City. He said by the time they get through the process to start the grading, they wouldn’t be starting until around February 14, which is near the tail end of the rainy season. Commissioner Baker asked what measures would be taken once the slopes are in place and what would prevent a mudslide and those types of problem if we get a deluge. Mr. Henthorn deferred to their Civil Engineer for the answer. Thomas Mitchell, Project Engineer, stated that some of the measures are very traditional methods done by engineering to accommodate for the winter season. He pointed out some desilting basins they’re adding and stated that the process is that the water will run off of the site, accumulate in the desilting basin and is trapped there. It has to accumulate to a certain level and then goes over the top of a pipe and is released into the storm drain system. These are sized to accommodate the amount of acreage that is draining into them and has been done throughout Southern California. He said unless there is a large, large-scale event, they function very well. There’s never any issue with siltation coming out. In addition, he pointed out the location of a retention basin that also traps the water in a depressed area and releases it at a slow rate. That‘s a secondary measure they did in the event of a large-scale rain event. He said they also surrounded the entire site with silt fence to keep any loose soil from running down into the sidewalk or streets. These traditional methods work very well and are all under the Water Quality Act. Commissioner Whitton said one of the questions asked was specifically about disturbing the fences on the adjoining property and asked to hear more specifics. He wanted to confirm that they’re not going to be in any way disturbing the fences of those folks in the right-of-way. Mr. Henthorn said they pulled back from those fences so they won’t be touching them. Commissioner Whitton asked if the right-of-way won’t be disturbed so their concerns have been addressed. Mr. Henthorn said they pulled completely out because of the issues that have been raised. They found an engineering solution to avoid the issue. Commissioner Dominguez said this is no doubt going to be an El Nino year and asked if any extraordinary measures are going to be taken. He said the rainfall that really hits this area will1 probably be in February or March if El Nino characteristics hold out. Mr. Henthorn replied that it‘s his understanding that the basins have sufficient capacity built in to handle the projected worst condition reflective of El Nino types of weather patterns. Mr. Mitchell added that they have done a complete hydrology analysis of the site and evaluated for a 10-year storm, a 25-year storm, and a 100-year storm. All these facilities share that, and there will be no pads that are flooded for a 100-year storm event. Commissioner Baker said she assumes that if there’s a heavy rain and mud slides into the neighboring property owners that Standard Pacific would be responsible for cleaning it up. Mr. Henthorn said they would prefer to be more preventative than reactionary, but if there were a problem Standard Pacific would be responsible. Commissioner Segall asked what the mitigation is if the measures don’t take and we have problems as described by Commissioner Baker. He asked if the City could come in and stop grading and try to mitigate. Mr. Wojcik said there are several measures the City routinely uses, especially during the rainy season, and the methods are more diligent and forceful than the contractors have. As part of their standard they require a cash deposit anywhere from 5 to 10 percent of the entire grading cost of the site. The purpose of the deposit is that if there is a problem and the developer or contractor was not within a few hours of being called, the cash is available. They have a standing contract with an erosion control firm that they call to take care of any mitigation that‘s required. Chairperson Trigas closed public testimony. MOTION ACTION: Motion by Commissioner Baker and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 5327, recommending the findings and subject to the conditions contained therein and the Errata Sheet approval of Coastal Development Permit Amendment CDP 98-68(A) based on on the project. Planning Commission Minutes December 18,2002 Page 6 DISCUSSION there was no reference to mitigation measures in the report or testimony. Mr. Grim replied that was the Commissioner Dominguez said that ThompsonlTabata had a section across the street in Poinsettia and would be the extension of the existing Lonicera Street south of Camino de 10s Ondas on the west side. northerly section north of Poinsettia that Ms. Ritter spoke about. She was actually referring to the part that He said Mr. Boeker represented the Tabata family who owns the property between those two northerly sections. The Tabatas are pretty much on a high point, so the part on the east side drains towards the Aviara Parkway/Poinsettia area and they're actually going to be doing some excavation to get rid of some unconsolidated fill. The developer is responsible for keeping the dirt on the property. Mr. Grim said the silt fencing, detention and desiltation basins are standard practice for those areas as well. Commissioner White said she thought the Staff Report has a statement to the effect that there is more danger of damage from erosion from winter storms as the property is now without any work on it, than there would be if grading were to commence and these standard practices were put into place before grading. She wanted to know if that interpretation is correct. Mr. Grim said the property has a lot of barren areas and old asphalt areas that serve to accelerate the water. Once you accelerate the water the erosive capabilities increase. The main part of the site drains down to the west and there's a large ditch that's supposed to capture that water and feed it into two existing storm drain inlets that have no sediment reduction devices. If there were a major event any soil leaving the site would go directly into the storm drain and sediment that storm drain and then sediment the coastal resources down the stream from that storm drain requiring more maintenance of the storm drain facilities and downstream detention basins. Therefore, getting erosion control on the site that prevents that silt from going into the storm drain system is preferable. Commissioner Dominguez said he thinks all the Commissioners are concerned about protecting coastal resources but thinks the main topic is protecting existing neighborhoods in the area. He asked if the neighborhood is better protected once all the sedimentation basins are in place, or with the natural absorption abilities of the land if we have a major rainfall this year. Mr. Wojcik said his opinion is that it's better with the grading operations undeway for the following reasons: There are asphalt areas which are impervious and will be removed with the grading operations. The topography out there now with slopes, which increase the runoff from erosion, would be cut down before grading starts. We would have silt fences at the property boundaries and sandbag lines that would slow down the velocity of water and the erosion. Under its current condition, the water just runs off and without the City issuing a grading permit, there's no way we would have the cash deposits to revoke the problems that might arise. Commissioner Baker asked if inspectors are out there on a regular basis when grading operations are started or if they are checking to make sure there are no problems if there's a heavy rain. Mr. Wojcik said the inspector is there on a regular basis. When there's a prediction of rain the inspectors are specifically told to go to critical sites and make sure the contractors have everything to a tee. When they have rains, even if it is after hours, they will have someone go around checking the sites to make sure that there isn't anything that looks like it may happen. They all have mobile phones and can call the contractor, they have 24-hour emergency numbers for the contractor as well as the contract services the City has itself. cleanup. Mr. Wojcik said that's correct. Chairperson Trigas wanted to confirm that the developer would be responsible if there was a need for Chairperson Trigas asked if it was correct that there was a recent amendment that officially approved low- risk areas during the rainy season, and that it's just that we did not have it on paper. Mr. Wojcik replied that it was not codified, therefore the code that the Staff generally refers to wasn't there for them. Other than the Staff member who specifically took care of the Kelly Ranch area, the other Staff members working on their own individual projects were not aware that that had taken place. The Coastal Commission itself had routinely been granting these kinds of allowances. VOTE: AYES: Chairperson Trigas. Commissioners Baker, Dominguez. Heineman, Segall, White, and Whitton 7-0-0 ABSTAIN: NOES: None None NOTICE OF PUBLIC HEARING COMPLETE DATE: November 12,2002 DESCRIPTION: Request for a Coastal Development Permit Amendment to modify a condition which would allow grading during the winter "rainy season" for an 83 acre, 262 unit residential subdivision. LOCATION: This project is within the City of Carlsbad's Coastal Zone located north and south of Poinsettia Lane, between Aviara Parkway and Snapdragon Drive in Local Facilities Management Zone 20. ASSESSOR'S PARCEL NUMBER 214-140-44-00 APPLICANT: Standard Pacific Homes 5750 Fleet Street, Ste. 200 Carlsbad, CA 92008 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 Tuesday, [DATE] at 6:OO p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after [DATE]. If you have any questions, or would like to be notified of the decision, please contact Michael Grim at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 530 p.m., Friday 8:OO a.m. to 500 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602-4623. ... * .. ... .. .. ... ... APPEALS If you challenge the Coastal Development Permit Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: This site is located within the Coastal Zone Appealable Area. This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be 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 921084402, CASE FILE: CDP 98-68(A) CASE NAME: THOMPSONFABATA PUBLISH: [DATE] Smooth Feed SheetsTM Use template for 5160" CARLSBAD UNlF SCHOOL DlST 801 PINE AVE CARLSBAD CA 92008 CITY OF OCEANSIDE 300 NO COAST HIGHWAY OCEANSIDE CA 92054 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 US. 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DAISY AVE ' CARLSBAD CA 92009-4815 MICHAEL M & IRENE CURRY STEPHEN OAKLEY 1002 FOXGLOVE VW CARLSBAD CA 92009-4847 VAUGHN 1006 FOXGLOVE VW 1004 FOXGLOVE VW CARLSBAD CA 92009-4847 CARLSBAD CA 92009-4847 GEORGE M TORIGOE 1008 FOXGLOVE VW CARLSBAD CA 92009-4847 DANIEL & MARY REINECK CARLSBAD CA 92009-4847 1014 FOXGLOVE VW JOHN F BYRNES 936 DAISY AVE CARLSBAD CA 92009-4815 SCHUCK 2721 ATHENS AVE CARLSBAD CA 92008-2122 SThN M STOERMANN CARLSBAD CA 92009-4815 948 DAISY AVE JOHN A NYLANDER WILLIAM SILVA 1010 FOXGLOVE VW 1012 FOXGLOVE VW CARLSBAD CA 92009-4847 CARLSBAD CA 92009-4847 LAWRENCE E KAVOUNAS HOWARD G PURNELL CARLSBAD CA 92009-4847 1016 FOXGLOVE VW CARLSBAD CA 92009-4847 1018 FOXGLOVE VW KEITH W JAIN JOHN J ARCHER 938 DAISY AVE 940 DAISY AVE CARLSBAD CA 92009-4815 CARLSBAD CA 92009-4815 DEBRA A & ROSA MOORE SCOTT & HELENA COOPER CARLSBAD CA 92009-4815 944 DAISY AVE CARLSBAD CA 92009-4815 946 DAISY AVE ERIC R & DAVIDA BURCH DONALD L & KATHLEEN FOX CARLSBAD CA 92009-4815 950 DAISY AVE CARLSBAD CA 92009-4838 7099 ROSE DR JOHN S CHAU DAVID EASA PO BOX 17400 WOLKENSTEIN 960 ALYSSUM RD 958 ALYSSUM RD SAN DIEGO CA 92177-7400 CARLSBAD CA 92009-3912 CARLSBAD CA 92009-3912 JAMES & WANDA HICKS 962 ALYSSUM RD CARLSBAD CA 92009-3 912 WILLIAM A JAEGGI IRENE J MCCAIN 955 ALYSSUM RD 953 ALYSSUM RD JOHN A BARRETTO 7010 SNAPDRAGON DR CARLSBAD CA 92009-3913 CARLSBAD CA 92009-3913 CARLSBAD CA 92009-3943 KENNETH MORY 7012 SNAPDRAGON DR GUERIN ROBERT A & GAIL EARNEST 7014 SNAPDRAGON DR 7016 SNAPDRAGON DR CARLSBAD CA 92009-3943 CARLSBAD CA 92009-3943 CARLSBAD CA 92009-3943 WILLIAM I BROOKS PO BOX 130893 CARLSBAD CA 92013-0893 SPRINGER 7024 SNAPDRAGON DR CARLSBAD CA 92009-3943 TR WEINROTH CARLSBAD CA 92009-3943 7034 SNAPDRAGON DR CHIA-PIN HSIAO SAN RAMON CA 94583-3714 7568 NORTHLAND AVE JAMES E LYNCH 7046 SNAPDRAGON DR CARLSBAD CA 92009-3943 MARK ZABRAMNY 7052 SNAPDRAGON DR CARLSBAD CA 92009-3943 STARBUCK 7020 SNAPDRAGON DR CARLSBAD CA 92009-3943 JOHN H HOVIS 4310 HORIZON DR CARLSBAD CA 92008-3652 ROY H & MARY BROWN 4675 BELLA VISTA DR MOORPARK CA 93021-2229 THOMAS E & ALICE COONEY 7042 SNAPDRAGON DR CARLSBAD CA 92009-3943 RICHARD & LISA KEELEY 7048 SNAPDRAGON DR CARLSBAD CA 92009-3943 LOWELLA J OAKLEY 7 054 SNAPDRAGON DR CARLSBAD CA 92009-3943 HOLGUIN 7022 SNAPDRAGON DR CARLSBAD CA 92009-3943 JORGE & VALERIE HAIDER OCEANSIDE CA 92056-3209 3373 SUMMER SET WAY DENNIS A BROWN 7038 SNAPDRAGON DR CARLSBAD CA 92009-3943 CIRILO A NAVARRO LAS VEGAS NV 89117-6692 1509 CALLE MONTERY ST GORDON 7050 SNAPDRAGON DR CARLSBAD CA 92009-3943 RAYMOND W & JANE JACK 7056 SNAPDRAGON DR CARLSBAD CA 92009-3943 MATTHEW C SCHOLZ CARLSBAD CA 92009-3943 7058 SNAPDRAGON DR ANTHONY C CERVINO CARLSBAD CA 92009-3924 6802 BRIARWOOD DR ALEXIS C GREENE 6808 BRIARWOOD DR CARLSBAD CA 92009-3924 PEDRO N AMBROSIO SPENCER WV 25276-1026 502 PARKERSBURG RD MARY BEDNARZ 6830 BRIARWOOD DR CARLSBAD CA 92009-3924 PHILLIP N & PAMELA GRAY CARLSBAD CA 92009-3924 6838 BRIARWOOD DR JOHN A & SHIRLEY GALEY CARLSBAD CA 92009-3924 6848 BRIARWOOD DR THOMAS E GASTELUM 6856 BRIARWOOD DR CARLSBAD CA 92009-3924 JAMES T HEYWOOD CARLSBAD CA 92009-3924 6864 BRIARWOOD DR LAS PLAYAS HOME0 MARY C HAYES JOSEPH A BRAUN 7060 SNAPDRAGON DR CARLSBAD CA 92009-3943 CARLSBAD CA 92009-3941 943 ROSEMARY AVE MELODY ALLSUP CHARLES L BAHNER 6804 BRIARWOOD DR CARLSBAD CA 92009-3924 CARLSBAD CA 92009-3924 6806 BRIARWOOD DR HOWARD A & JEANNE HOUGH 6820 BRIARWOOD DR DAVID BRONSON CARLSBAD CA 92009-3924 NORTHRIDGE CA 91324-6403 19431 BUSINESS CENTER D GLORIA A SMITH 6826 BRIARWOOD DR LOMBARD0 MARGARET 6828 BRIARWOOD DR CARLSBAD CA 92009-3924 . CARISBAD CA 92009-3924 QUALMAN 6834 BRIARWOOD DR CARLSBAD CA 92009-3924 CHARLES E SCHAFFER CARLSBAD CA 92009-3924 6840 BRIARWOOD DR PETERMAN CARLSBAD CA 92009-3924 6850 BRIARWOOD DR JOHN L WIGGINS CARLSBAD CA 92009-3924 6860 BRIARWOOD DR DALLAS S & KATHY SMITH CARLSBAD CA 92009-4824 1011 IRIS CT KATHRYN A KIRK CARLSBAD CA 92009-3924 6836 BRIARWOOD DR JULIE RITTER CARLSBAD CA 92009-3924 6846 BRIARWOOD DR LARRY J HART CARLSBAD CA 92009-3924 6854 BRIARWOOD DR ROBERT M & MARY LATAS 7450 OLIVETAS AVE D302 LA JOLLA CA 92037-4965 LAS PLAYAS HOMEOWNERS A PO BOX 1186 CARLSBAD CA 92018-1186 FRANCISCO J NICHOLAS 1407 CORAL WAY CARLSBAD CA 92009-1251 MARLENE F MEIS 955 BOXWOOD CT CARLSBAD CA 92009 LAWRENCE J & IRIS ROSEN EDWARD R MARSHALL 957 BOXWOOD CT 1870 HAYMARKET RD -3923 CARLSBAD CA 92009-3923 ENCINITAS CA 92024-1017 DONN R STEIER STEPHEN D DOAN RICHARD K & MERYL BROWN PO BOX 1893 MAMMOTH LAKES 93546-1893 CARLSBAD CA 92009-3424 CARLSBAD CA 92009-3431 6768 LEMON LEAF DR 1289 VERONICA CT DAVID C RIGGAN IRWIN & BARBARA NEWMAN STEVE HENDERSON 1285 VERONICA CT CARLSBAD CA 92009-3431 CARLSBAD CA 92009-3431 CARLSBAD CA 92009-3431 1273 VERONICA CT 1281 VERONICA CT JOAN M SANSEVERINO RAYMOND J KIEFFER 1269 VERONICA CT CARLSBAD CA 92009-3431 CARLSBAD CA 92009-3431 ' CARLSBAD CA 92009-3431 ANDREW & RIDGET WRIGHT 1265 VERONICA CT 1261 VERONICA CT MAVRITTE CARLSBAD CA 92009-3431 1254 VERONICA CT JAMES P JONES 1253 VERONICA CT CARLSBAD CA 92009-3431 CARLSBAD PROMENADE PART 4275 EXECUTIVE SQ 240 LA JOLLA CA 92037-9146 JEAN R & TARA SCHENK CARLSBAJJ 09 92009-4008 6954 WILDROSE TER TR LOCKER 7016 WILDROSE TER CARLSBAD CA 92009-4009 MARINERS POINT COMMUNIT 24800 CHRISANTA DR 200 JEFFREY D JONES MISSION VIEJO 92691-4819 CARLSBAD CA 92009-3431 1257 VERONICA CT BURRIS TR LENNAR HOMES OF CALIFOR 1250 VERONICA CT 200 S BISCAYNE BLVD 250 CARLSBAD CA 92009-3431. MIAMI FL 33131-5340 AVIARA MASTER ASSN DANIEL P FABINSKI 7529 DRAPER AVE D 6950 WILDROSE TER LA JOLLA CA 92037-4879 CARLSBAD CA 92009-4008 WELTY SCOTT R,& DEBRA BULLOCK CARLSBAD CA 92009-4009 7004 WILDROSE TER CARLSBAD CA 92009-4009 7012 WILDROSE TER TAYLOR KNOX KENNETH M & BETTE ROSS PO BOX 2347 6938 WILDROSE TER CARLSBAD CA 92018-2347 CARLSBAD CA 92009-4008 TR MOKSKI 6942 WILDROSE TER CARLSBAD CA 92009-4008 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: JANUARY 11,2003 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS, California this 13TH day of JANUARY, 2003 This space is for the County Clerk’s Filing Stamp Proof of Publication of “S PARCEL MJHBER. 214-140-44-00 i? Standard Pacific HAmes. 5750 fleet St.. Suite 200. Carlsbad. ,I. 1”. I Where the decision is a peal- 1. ~Ppeals to the ~~ty Council: able to the Ci Councif: a must be filed k wrltln wi%lnalS ten (10) calendar daysher a de- Commission. clslon by the Plannhg 2. Coastal Commission A%aIable ProJect: s site LS located wlthin the Foastal Zone Appealable Area. ih €he Coastal Zone Appealable Where the decision is appeal- Area. able to the Coastal Commission. a @s must be Bled with the Cpoastal Commisston within ten Uwrking days after the a Not1 e-Action from the ion has recetved City ofcarlsbad. A pllcants will be notitled by he &astal Commtssion 01 the date that their appeal perlod wlll conclude. The San Diego Omce of the Coastal Commlsslon is located SUI* 103. &ego. Cahfbrnta at 7575 Metro Utan Dnve 92108-4402. X This site 1s not located with- CASE FILE: CDP 98-68(A PUBLISH JANUARY 11 I 2003 CDP 88-68(A) I C4SENMde”WNAE” THOMPSON/TABATA Signature NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING DESCRIPTION: Request for a Coastal Development Permit Amendment to modify a condition which would allow grading during the winter “rainy season” for an 83 acre, 262 unit residential subdivision. LOCATION: This project is within the City of Carlsbad’s Coastal Zone located north and south of Poinsettia Lane between Aviara Parkway and Snapdragon Drive in Local Facilities Management Zone 20. ASSESSOR’S PARCEL NUMBER 214-140-44-00 APPLICANT: Standard Pacific Homes, 5750 Fleet St., Suite 200, Carlsbad, CA 92008. A public hearing on the above proposed project will be held by the Carlsbad City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on Tuesday, January 21,2003 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 Friday, January 17,2003. If you have any questions or would like to be notified of the decision, please contact Michael Grim 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) 602-4623. APPEALS If you challenge the Coastal Development Permit Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad, Am: City Clerk‘s Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 prior to the public hearing. I. Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. 2. Coastal Commission Appealable Project: 0 This site is located within the Coastal Zone Appealable Area. a 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 (10) 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 ofthe Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CASE FILE: CDP 98-68(A) CASE NAME: THOMPSONITABATA PUBLISH: SATURDAY, JANUARY 1 1,2003 THOMPSONTTABATA CDP 98-68(A)