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
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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.
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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)
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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
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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
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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
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 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:
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3.
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5.
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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)
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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
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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
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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-
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7.
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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-
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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.
... *
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...
..
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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. FISH &WILDLIFE
6010 HIDDEN VALLEY RD
CARLSBAD CA 92009
CITY OF CARLSBAD
PUBLIC WORKS/COMMUNITY
SERVICES
CITY OF CARLSBAD
PROJECT PLANNER
MICHAEL GRIM
U
12/26/2002
@AVERVa Address Labels
CITY OF ENClNlTAS
505 S VULCAN AVE
ENClNlTAS CA 92024
CITY OF VISTA
PO BOX 1988
VISTA CA 92085
REGIONAL WATER QUALITY
STE 100
9174 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 WORKSlENGlNEERlNG
DEPT
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
SD COUNTY PLANNING
STE B
5201 RUFFIN RD
SAN DIEGO CA 92123
SANDAG
STE 800
401 B STREET
SAN DIEGO CA 92101
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
Laser 5160@
THOMAS R ODONNELL GERALD J & MARY GUEVIN STEWART
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KARL KASAI MELVIN R & RAMONA SEGAL JOHN B & SARAH SARDINA
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CARLSBAD CA 92009-4843 LA JOLJA CA 92037-2048 CARLSBAD CA 92009-4839
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1003 FOXGLOVE VW
LUCILLE T TADLOCK
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CHERYL MCKIRNAN STEEN NICOLE ANDREWS
1010 DAISY CT 1012 DAISY CT 1014 DAISY CT
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CHRISTOPHER S KARPINEN
1016 DAISY AVE
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KATHERINE H BAUM
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1014 TULIP WAY
BRADLEY & CHRISTIE ELI
7107 DAFFODIL PL
CARLSBAD CA 92009-4810
ORPHA J WAGNER
1013 FOXGLOVE VW
CARLSBAD CA 92009-4822
THIERRY R FALLET
CARLSBAD CA 92009-4822
1005 FOXGLOVE VW
VAUGHN
1006 FOXGLOVE VW
CARLSBAD CA 92009-4847
ANTHONY IMBRONONE ANTHONY G MELLISSINOS
1010 TULIP WAY 1012 TULIP WAY
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7111 DAFFODIL PL 1592 BERMUDA DUNES DR
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ROGER & LESLIE OKEEFE SYDNEY LOGAN
907 ROSEMARY AVE 1015 FOXGLOVE VW
CARLSBAD CA 92009-3941 CARLSBAD CA 92009-4822
CHRISTOPHER J ROSS GEORGE R DEMIRJIAN
1009 FOXGLOVE VW 1007 FOXGLOVE VW
CARLSBAD CA 92009-4822 CARLSBAD CA 92009-4822
MICHAEL M & IRENE CURRY STEPHEN OAKLEY
1002 FOXGLOVE VW CARLSBAD CA 92009-4847 CARLSBAD CA 92009-4847
1004 FOXGLOVE VW
GEORGE M TORIGOE JOHN A NYLANDER
1008 FOXGLOVE VW CARLSBAD CA 92009-4847 CARLSBAD CA 92009-4847
1010 FOXGLOVE VW
WILLIAM SILVA DANIEL & MARY REINECK
1012 FOXGLOVE VW
LAWRENCE E KAVOUNAS
1016 FOXGLOVE VW 1014 FOXGLOVE VW CARLSBAD CA 92009-4847 CARLSBAD CA 92009-4847 CARLSBAD CA 92009-4847
HOWARD G PURNELL JO A WINKLER DONALD J & TAMARA FOLSE
CARLSBAD CA 92009-4847
1018 FOXGLOVE VW CARLSBAD CA 92009-4809
7102 DAFFODIL PL CARLSBAD CA 92009-4809
7104 DAFFODIL PL
THOMAS J REICHERT LOUISE N ROSENSTEIN DELANCEY
7110 DAFFODIL PL CARLSBAD CA 92009-4809 CARLSBAD CA 92009-4809 CARLSBAD CA 92009-4811
7204 DAFFODIL PL 7112 DAFFODIL PL
JOHN' F BYRNES KEITH W JAIN JOHN J ARCHER
936 DAISY AVE CARLSBAD CA 92009-4815
938 DAISY AVE
CARLSBAD CA 92009-4815 CARLSBAD CA 92009-4815
940 DAISY AVE
SCHUCK DEBRA A & ROSA MOORE SCOTT & HELENA COOPER
2721 ATHENS AVE
CARLSBAD CA 92008-2122 CARLSBAD CA 92009-4815 CARLSBAD CA 92009-4815
946 DAISY AVE 944 DAISY AVE
STAN M STOERMANN ERIC R & DAVIDA BURCH
948 DAISY AVE NELSON C ROSS
CARLSBAD CA 92009-4815 CARLSBAD CA 92009-4815
935 DAISY AVE
CARLSBAD CA 92009-4816
950 DAISY AVE
ANDREW R & THELMA LOGIE KEITH & BETSY CLEEK FRANK S & NANCY BEEAL
937 DAISY AVE
CARLSBAD CA 92009-4816 CARLSBAD CA 92009-4816 CARLSBAD CA 92009-4816
939 DAISY AVE 941 DAISY AVE
MARILYN S GOAD ERICKSON DONALD B & LISA CLARK
943 DAISY AVE CARLSBAD CA 92009-4816 CARLSBAD CA 92009-4816 CARLSBAD CA 92009-4816
945 DAISY AVE 947 DAISY AVE
JANECEK TR BRYAN D MILLER LANH T & ANGELA TRINH
949 DAISY AVE
CARLSBAD CA 92009-4816 CARLSBAD CA 92009-4816 CARLSBAD CA 92009-4818
1001 DAISY AVE 951 DAISY AVE
THOMAS J FITZGERALD LEE A WOOD RONALD ZAWISTOWSKI
1003 DAISY AVE CARLSBAD CA 92009-4818 CARLSBAD CA 92009-7849 CARLSBAD CA 92009-4818
3336 VENADO ST 1009 DAISY AVE
ANN M BOWES KEVIN L POMERLEAU
1011 DAISY AVE 943 JASMINE CT
CARLSBAD CA 92009-4818 CARLSBAD CA 92009-4826 CARLSBAD CA 92009-4826
DANIEL DAQUILA
945 JASMINE CT
CHARLES J SMITH RUSSELL L HANTHORN RUBYE F SPEAR
947 JASMINE CT CARLSBAD CA 92009-4826 CORONADO CA 92118-1330 CARLSBAD CA 92009-4826
307 D AVE 951 JASMINE CT
ELAINE V TRUJILLO HOUSE THOMAS F+HAYES-HO BURNETT
953 JASMINE CT CARLSBAD CA 92009-4826 CARLSBAD CA 92009-4826 CARLSBAD CA 92009-4826
955 JASMINE CT 959 JASMINE CT
HANK H NAKAHARA ROBERT A MCDONALD
11100 MOUNTAIN VISTA CI 952 JASMINE CT 948 JASMINE CT
GERALD L CLEMENTS
SILVERDALE WA 98383-7337 CARLSBAD CA 92009-4825 CARLSBAD CA 92009-4825
MARK E & KAREN WILLIAMS DORIS NELSON CECIL A CHAMBERLAIN
946 JASMINE CT 944 JASMINE CT
CARLSBAD CA 92009-4825 CARLSBAD CA 92009-4825
942 JASMINE CT
CARLSBAD CA 92009-4825
WILLIAM J BOYLE F N PETREY CALVARY CHAPEL
940 JASMINE CT
CARLSBAD CA 92009-,4825 CARLSBAD CA 92009-4841 CARLSBAD CA 92009-4664
7106 WISTERIA WAY 7188 AVENIDA ENCINAS
CARLSBAD PROMENADE PART
4275 EXECUTIVE SQ 240
AVIARA MASTER ASSN AVIARA MASTER ASSN
2011 PALOMAR AIRPORT RD 7529 DRAPER AVE D LA JOLLA CA 92037-9146 CARLSBAD CA 92009-1432 LA JOLLA CA 92037-4879
*** 81 Printed ***
STANDARD PACIFIC CORP
5750 FLEET ST 200
NOBORU & EVELYN TABATA
CARLSBAD CA 92008-4709
ST 200 PO BOX 943 CARLSBAD CA 92018-0943
TABATA
PO BOX 1338
LSBAD CA 92008-4709 CARLSBAD CA 92018-1338
STANDARD PACIFIC CORP
9335 CHESAPEAKE DR
SAN DIEGO CA 92123-1010
STANDARD PACIFIC DONNA OTTO-BROPHY
934 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)