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HomeMy WebLinkAbout2004-09-14; City Council; 17786; Thompson/Tabata GPA 04-11/LCPA 04-10t3 w > 0 oc a a a .. z 0 F= 0 a J 23 z 3 0 0 AB# 17,786 8 CITY OF CARLSBAD -AGENDA BILL TITLE: 1 DEPT. HD. w! THOMPSONJTABATA GPA GPA 04-1 IILCPA 04-1 0 I CITY MGRS RECOMMENDED ACTION: That the Council ADOPT Resolution No. 2004-294 , APPROVING the Negative Declaration, General Plan Amendment GPA 04-1 1, and Local Coastal Program Amendment LCPA 04-1 0, for the ThompsonJTabata GPA land use change. ITEM EXPLANATION: On July 21, 2004, the Planning Commission conducted a public hearing and recommended approval of a Negative Declaration, General Plan Amendment and Local Coastal Program Amendment to adjust the boundary of the land use designations within the ThompsonJTabata subdivision. The City-initiated proposal is part of the General Plan/Zoning Consistency program; one aspect of which is attempting to provide consistency between the General Plan land use and Zoning designations. Since the ThompsonJTabata site is located in the City's Coastal Zone, a Local Coastal Program Amendment is also needed to ensure consistency between the City's General Plan and the Local Coastal Program. The proposed land use revision would relocate the boundary between the Residential Low Medium Density (RLM) and Residential Medium Density (RM) designations, changing the designation of approximately 7.9 acres. The new boundary would follow the internal street system and would eliminate the potential for one lot to have two land use designations. The alignment of the new General Plan land use boundary would be coincident with the existing zoning designation boundary between One Family Residential (R-I -Q) and Residential Density Multiple (RD-M-Q). The property covered by the proposed land use designation change is already subdivided and has no potential of further subdivision, therefore no impacts to the yield of the property would occur. The proposal is consistent with all applicable regulations and staff and the Planning Commission are recommending approval of the ThompsonJTabata GPA. ENVIRONMENTAL: The proposed ThompsonJTabata GPA project was reviewed for any potential adverse impact to the environment pursuant to the California Environmental Quality Act (CEQA). No construction or revisions to the approved development are proposed. The boundary adjustments bring the General Plan, Zoning, and Local Coastal Program into conformance with each other. Therefore, the proposal would not create any significant adverse environmental impacts. The Planning Director issued a Negative Declaration on June 18, 2004 for public review and no comments were received. FISCAL IMPACT: The fiscal impacts to the City are negligible in that the proposed action merely revises the land use designations and regulations on the property. '11 //I //I PAGE 2 OF AGENDA BILL NO. 17,786 EXHIBITS: 1. Council Resolution No. 2004-294 2. Location Map 3. 4. 5. Planning Commission Resolutions No. 5675, 5676, and 5677 Planning Commission Staff Report, dated July 21, 2004 Draft Excerpt of Planning Commission Minutes, dated July 21, 2004. DEPARTMENT CONTACT: Michael Grim, (760) 602-4623, mgrim@ci.carlsbad.ca.us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT, AND LOCAL COASTAL PROGRAM AMENDMENT FOR THE THOMPSON/TABATA GPA LAND USE DESIGNATION BOUNDARY ADJUSTMENT FOR PROPERTY GENERALLY LOCATED WEST OF AVIARA PARKWAY, SOUTH OF POINSETTIA LANE, IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: THOMPSON/TABATA GPA CASE NO.: GPA 04-1 1 /LCPA 04-1 0 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on July 21, 2004, hold a duly noticed public hearing as prescribed by law to consider a Negative Declaration, General Plan Amendment, and Local Coastal Program Amendment; and WHEREAS, the City Council of the City of Carlsbad, on the 14th day of September , 2004, held a duly noticed public hearing to consider said Negative Declaration, General Plan Amendment, and Local Coastal Program Amendment and at that time received recommendations, objections, protests, comments of all persons interested in or opposed to the Negative Declaration and/or GPA 04-1 I/LCPA 04-1 0; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 1. That all recitations are true and correct. 2. That the City Council approves City Council Resolution No. 2004-294 and that the findings and conditions of the Planning Commission as set forth in Planning Commission Resolutions No. 5675, 5676, and 5677, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. 3. That the application for a Negative Declaration and Local Coastal Program Amendment on property generally located west of Aviara Parkway, south of Poinsettia Lane, is approved as shown in Planning Commission Resolutions No. 5675 and 5677. .... .... .... .... 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That the application for a General Plan Amendment from Residential Medium Density (RM) to Residential Low Medium Density (RLM) on property generally located west of Aviara Parkway, south of Poinsettia Lane, as shown in Planning Commission Resolution No. 5676, is hereby accepted, approved in concept, and shall be formally approved with GPA Batch No. 2 comprised of GPA 02-05, GPA 03-05, GPA 03-08, GPA 03-13, GPA 04- 01, GPA 04-04, GPA 04-07, GPA 04-08, GPA 04-1 1, and GPA 04-1 3. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 14th day of September , 2004, by the following vote, to wit: AYES: Council Members Lewis, Finilla, Kulchin, Hall and Packard. NOES: None ABSENT: None ‘SE. -2- SITE TH 0 M PSO N/TABATA G PA EXHIBIT 2 GPA 04-1 I /LCPA 04-1 0 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 5675 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAFZSBAD, CALIFORMA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN AND THE MELLO I1 SEGMENT OF THE LOCAL COASTAL PROGRAM TO ADJUST THE BOUNDARY BETWEEN THE RESIDENTIAL LOW MEDIUM DENSITY (RLM) AND RESIDENTIAL MEDIUM DENSITY (RM) LAND USE DESIGNATIONS OVER APPROXIMATELY 7.9 ACRES ON PROPERTY GENERALLY LOCATED WEST OF AVIARA PARKWAY, SOUTH OF POINSETTIA LANE, IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: THOMPSON/TABATA GPA CASE NO.: GPA 04- 1 1/LCPA 04- 10 WHEREAS, City of Carlsbad, has filed a verified application with the City of Carlsbad regarding property described as A portion of the eastern half of the northeastern half and a portion of the southwestern quarter of Section 28, Township 12 South, Range 4 West in the San Bernardino Quadrant, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 21st day of July, 2004, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 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 That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, th Planning Commission hereby RECOMMENDS ADOPTION of the Negative Declaration, Exhibit “ND,” according to Exhibits “NOI” dated June 18,2004, and “PII” dated June 11, 2004, attached hereto and made a part hereof, based on the following findings: 1. ... ... ... ... ... ... ... ... ... ... ... The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered the Negative Declaration and the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and b. the Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PC RES0 NO. 5675 -2- 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 21st day of July 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Dominguez, Heineman, Montgomery and Segall NOES: None ABSENT: None ABSTAIN: None CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. ZMI~ER Planning Director PC RES0 NO. 5675 -3- 8 - City of Carlsbad NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION CASE NAME: Thommon/Tabata GPNZC PROJECT LOCATION: West of Aviara Parkway, south of Poinsettia Lane, City of CASE NO: GPA 04-1 1/ZC 04-07/LCPA 04-10 Carlsbad, County of San Diego PROJECT DESCRIPTION: Request for a General Plan Amendment, Zone Change, and Local Coastal Program Amendment to adjust the boundary between the Residential Low Medium Density (RLM) and Residential Medium Density (RM) General Plan designations over approximately 7.9 acres and to adjust the boundary between the One Family Residential with a Qualified Development Overlay and Residential Density-Multiple with a Qualified Development Overlay zoning designations over approximately 1.5 acres within the ThompsodTabata residential subdivision. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment. Therefore, a Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EM Part 2) documenting reasons to support the proposed Negative Declaration are on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. Comments from the public are invited. The proposed project and Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Michael Grim in the Planning Department at (760) 602-4623. PUBLIC REVIEW PERIOD JUNE 18,2004 TO JULY 18,2004 PUBLISH DATE JUNE 18,2004 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.cjiFxyF&i%@.us @ - City of Carlsbad NEGATIVE DECLARATION CASE NAME: ThomusodTabata GPA PROJECT LOCATION: County of San Diego CASE NO: GPA 04- 1 l/LCPA 04- 10 West of Aviara Parkway, south of Poinsettia Lane, City of Carlsbad, PROJECT DESCRIPTION: Request for a General Plan Amendment and Local Coastal Program Amendment to adjust the boundary between the Residential Low Medium Density (RLM) and Residential Medium Density (RM) General Plan designations over approximately 7.9 acres within the Thompsoflabata residential subdivision. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment, and the City of Carlsbad finds as follows: The proposed project COULD NOT have a significant effect on the environment. The proposed project MAY have “potentially significant impact(s)” on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Negative Declaration applies only to the effects that remained to be addressed). Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: , pursuant to City Council Resolution No. ATTEST: MICHAEL J. HOLZMILLER Planning Director 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: GPA 04-1 1//ZC 04-07lLCPA 04-10 DATE: June 1 1,2004 BACKGROUND 1. 2. 3. 4. 5. 6. 7. 8. 9. CASE NAME: Thompson/Tabata GPA/ZC LEAD AGENCY NAME AND ADDRESS: Citv of Carlsbad CONTACT PERSON AND PHONE NUMBER: Michael Grim 760-602-4623 PROJECT LOCATION: West of Aviara Parkway, south of Poinsettia Lane, City of Carlsbad, County of San Diego PROJECT SPONSOR’S NAME AND ADDRESS: City of Carlsbad. 1635 Faraday Av, Carlsbad, CA 92008 GENERAL PLAN DESIGNATION: Residential Low-Medium Density (RLM) and Residential Medium Density (RM) ZONING: One Family Residential with a Qualified Development Overlay (R-1-0) and Residential Multiple Density with a Oualified Development Overlay (RD-M-0). OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): California Coastal Commission PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: Request for a Negative Declaration, General Plan Amendment, Zone Change. and Local Coastal Program Amendment to adiust the boundarv between the Residential Low-Medium Densitv (RLM) and Residential Medium Density (RM) General Plan designations over approximately 7.9 acres and adiust the boundary between the One Family Residential with a Qualified Development Overlay (R-1-0) and Residential Density-Multiple with a Qualified Development Overlav (RD-M-Q) zoning designations over approximately 1.5 acres, within the ThompsodTabata residential subdivision. 1 Rev. 07/03/02 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. 0 Aesthetics 0 Geology/Soils 0 Noise 0 Agricultural Resources 0 Air Quality 0 Hydrology/Water Quality 0 Public Services 0 Biological Resources Land Use and Planning 0 Recreation 0 Hazards/Hazardous Materials Popu1ation and Housing 0 Cultural Resources 0 Mineral Resources 0 Transportation/Circulation 0 Utilities & Service Systems L] Mandatory Findings of Significance 2 Rev. 07lO3102 la DETERMINATION. (To be completed by the Lead Agency) El 0 0 0 0 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in ths case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have “potentially significant impact(s)” on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures thatare imposed upon the proposed project. Therefore, nothng further is required. /z-z/D4- Date 3 Rev. 07/03/02 /3 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except ‘Wo Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced mformation sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it.is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significantly adverse. Based on an “EM-Part 11”, if a proposed project could have a potentially significant adverse effect on the environment, but potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Ovemding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. 4 /4 Rev. 07/03/02 0 An EIR the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Part I1 analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. be prepared if “Potentially Significant Impact” is checked, and including but not limited to A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated I. AESTHETICS - Would the project: Have a substantial adverse effect on a scenic vista? 0 0 OBI Substantially damage scenic resources, including but 0 0 ow not limited to, trees, rock outcroppings, and hstoric buildings within a State scenic highway? Substantially degrade the existing visual character or 0 0 ow Create a new source of substantial light and glare, 0 0 ow quality of the site and its surroundings? which would adversely affect day or nighttime views in the area? 11. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model- 1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: Convert Prime Farmland, Unique Farmland, or 0 0 0 Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Conflict with existing zoning for agricultural use, or a 0 0 0 Williamson Act contract? w w 5 Rev. 07/03/02 Issues (and Supporting Information Sources). c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? 111. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: Conflict with or obstruct implementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of people? BIOLOGICAL RESOURCES - Would the project: Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or US. Fish and Wildlife Service? Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? Potentially Significant Impact 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 0 Less Than Significanl Impact 17 0 0 0 0 0 0 6 Rev. 01/03/02 lk Issues (and Supporting Information Sources). Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Impact tributary areas that are environmentally sensitive? Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 0 17 ow 0 0 ow 0 ow 0 0 ow IV. CULTURAL RESOURCES - Would the project: 0 0 ow 0 om Cause a substantial adverse change in the significance of a historical resource as defined in Q 15064.5? Cause a substantial adverse change in the significance of an archeological resource pursuant to Q 15064.5? 0 I7 ow Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 0 0 ow Disturb any human remains, including those interred outside of formal cemeteries? IV. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ow ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? 0 0 ow ow iv. Landslides? 7 o 0 nw 17 Rev. 07103102 Issues (and Supporting Information Sources). Result in substantial soil erosion or the loss of topsoil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? IV. HAZARDS AND HAZARDOUS MATERIALS - Would the project: Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or worlung in the project area? For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Potentially Significant Impact 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 17 0 0 0 0 0 0 Less Than Significant Impact 0 17 0 0 0 0 0 0 No Impact w lxl [xi [XI IXI w [XI w IXI [xi 8 JB Rev. 07103l02 Issues (and Supporting Information Sources). Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY - Would the project: Violate any water quality standards or waste discharge requirements? Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (Le., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Impacts to groundwater quality? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site'? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Otherwise substantially degrade water quality? Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? Potentially Significant Impact 0 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 I7 0 0 0 Less Than Significant Impact 0 0 0 0 0 0 0 0 0 0 No Impact El El Ixi w w El Ixi El Ixi IXI 9 19 Rev. 07103!02 Issues (and Supporting Information Sources). Potentially Potentially Significant Significant Impact Unless Mitigation Incorporated 0 i) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? Less Than No Significant Impact Impact ow ow 0 j) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? 0 0 k) Inundation by seiche, tsunami, or mudflow? ow ow ow 0 0 1) Increased erosion (sediment) into receiving surface waters. 0 0 m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? 0 0 0 0) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? ow 0 0 ow p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? 0 0 b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ow c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL. RESOURCES - Would the project: ow a) Result in the loss of availability of a known mineral resource that would be of fiiture value to the region and the residents of the State? 0 0 nw b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? 10 Rev. 01103102 Issues (and Supporting Information Sources). X. NOISE - Would the project result in: Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 0 0 ow 0 ow a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? b) 0 0 ow c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? ow d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project withm the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ow 0 ow f) X. POPULATION AND HOUSING - Would the project: 0 0 ow a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 0 0 ow b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? 0 0 ow c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: 11 Rev. 07103102 Issues (and Supporting Information Sources). i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? XIV. RECREATION Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or hghways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access? Result in insufficient parking capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? Potentially Significant Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0 0 0 17 0 0 0 0 0 0 Less Than Significant Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 No Impact [XI w w w w €3 w [XI €3 w IXI Ixl w €3 12 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of whch would cause significant environmental effects? Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE 0 0 0 0 17 0 0 0 0 0 0 0 0 ow ow ow ow ow ow 0 0 ow Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehstory? 0 0 OB Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumula- tively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) 13 Rev. 07/03/02 a3 Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incoroorated 0 ow c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are “Less Than Significant with Mitigation Incorporated,” describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 14 Rev. 07/03/02 DISCUSSION OF ENVIRONMENTAL EVALUATION The project involves a General Plan Amendment, Zone Change, and Local Coastal Program Amendment to adjust the boundary between the Residential Low-Medium Density (RLM) and Residential Medium Density (RM) General Plan designations over approximately 7.9 acres and adjust the boundary between the One Family Residential with a Qualified Development Overlay (R-1-Q) and Residential Density-Multiple with a Qualified Development Overlay (RD-M-Q) zoning designations over approximately 1.5 acres within the ThompsodTabata residential subdivision, generally located west of Aviara Parkway, south of Poinsettia Lane. The subject property was recently subdivided through the ThompsodTabata residential subdivision map (CT 98-14) and is currently under construction. The existing General Plan land use and zoning designation boundaries are not coincident and do not follow the newly created property lines within the subdivision, resulting in some lots containing two land use and/or zoning designations. The proposed General Plan land use and zoning designation boundaries would follow the approved street pattern for the subdivision and would be coincident, with the RLM area being implemented by the R-1-Q zoning and the RM areas being implemented by the RD-M-Q zoning. The property covered by the proposed land use designation change is already subdivided and has no potential of further subdivision, therefore no impacts to the yield of the properties will occur. Since all of the affected properties are already subdivided and no additional development is proposed with this project, no impacts to any physical features, such as scenic resources, environmentally sensitive areas, or geologic features, will occur. The adjustment of the zoning and land use boundaries over the developing properties does not preclude the continued conformance with the Mello I1 segment policies. The proposal is consistent with all applicable policies and regulations and staff has no issues with the proposed land use designation change. AESTHETICS: No Impact. The proposed legislative actions do not impact the existing or fiiture development of the residential subdivision. No development is proposed with the actions and no adjustments to the existing development are proposed. Therefore no impacts to aesthetics will result. AGRICULTURAL RESOURCES: No Impact. The project site is currently under development for a residential subdivision. No agricultural resources exist on the property and the proposed land use and zoning designation boundary adjustment will not increase or reduce the amount of agricultural land. Therefore, no impacts to agricultural resources will occur. AIR QUALITY: No Impact. No additional development is proposed with the land use and zoning designation boundary adjustment. Therefore no increases in emissions, sources of dust, or objectionable odors will occur. BIOLOGICAL RESOURCE: No Impact. All natural open space areas preserved with the ThompsodTabata residential subdivision will remain and no development or alteration of any areas with biological resources is proposed. Therefore, the proposed land use and zoning designation boundary adjustment will not have an adverse impact on biological resources. CULTURAL RESOURCES: No Impact. No additional grading is proposed with this land use and zoning designation boundary adjustment. The site is already being developed in accordance with the approved subdivision map and, therefore, no impacts to cultural resources would result. GEOLOGY AND SOILS: No impact. No grading is proposed with the land use and zoning designation boundary adjustment and no adjustment to the existing, approved grading plan would result from the proposed boundary adjustment. Therefore, no adverse impacts due to geology or soils will result. 15 Rev. 07103lQ2 HAZARDS AND HAZARDOUS MATERIALS No Impact. No construction or alteration to the currently approved development is proposed with the land use and zoning designation boundary adjustment and no additional hazards or hazardous materials will result due to the proposal. HYDROLOGY AND WATER QUALITY: No Impact. No construction or alteration to the currently approved development is proposed with the land use and zoning designation boundary adjustment. Therefore no impacts to hydrology or water quality will result. LAND USE AND PLANNING: No Impact. The proposed land use and zoning designation boundary adjustment will bring the zoning, General Plan, and Local Coastal Program designations into conformance and will eliminate the potential for individual lots to have more than one designation. Since the subject property is already subdivided and has no potential for further subdivision, no impact to the residential yield of the property will result. Therefore, no adverse impacts to land use and planning will occur due to the proposal. MINERAL RESOURCES: No Impact. No grading is proposed with the land use and zoning designation boundary adjustment and no adjustment to the existing, approved grading plan would result from the proposed boundary adjustment. Therefore, no adverse impacts to mineral resources will result. NOISE: No Impact. No construction or adjustment to approved construction documents is proposed with the land use and zoning designation boundary adjustment. No new sources of noise will occur with the land use adjustments. Therefore, no adverse impacts due to noise will result from the proposed actions. POPULATION AND HOUSING: No Impact. The subject property is already subdivided and has no potential for further subdivision, therefore no impact to the residential yield of the property will result from the land use and zoning designation boundary adjustment. There is no alteration of the project’s provision of housing affordable to lower income households. Given the above, the proposal would not cause any adverse impacts to population and housing. PUBLIC SERVICES: No Impact. The proposal involves no construction and therefore no increase in public service demand would occur with the land use and zoning designation boundary adjustment. Given the above, no adverse impacts to public services would occur. RECREATION: No Impact, increase in recreational demand will occur. proposal. No construction is proposed with the land use and zoning designation boundary adjustment and no Therefore, no adverse impacts to recreation will result from the TRANSPORTATION/TRAFFIC : No Impact. No additional development is proposed with the land use and zoning designation boundary adjustment therefore no increases traffic generation will occur. No further subdivision of the subject property is allowed by virtue of the land use boundary adjustment. Given the above, no adverse impacts to transportation or traffic will occur. 16 Rev. Q7lQ3lO2 UTILITY AND SERVICE SYSTEMS: No Impact. The proposal involves no constnction and therefore no increase in utility and service system demand would occur with the land use and zoning designation boundary adjustment. Therefore, no adverse impacts to said services would occur. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 17 17 Rev. 07/03/02 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 2s PLANNING COMMISSION RESOLUTION NO. 5676 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO ADJUST THE DENSITY (RLM) AND THE RESIDENTIAL MEDIUM DENSITY (RM) LAND USE DESIGNATIONS OVER APPROXIMATELY 7.9 ACRES ON PROPERTY GENERALLY LOCATED WEST OF AVIARA PARKWAY, SOUTH OF POINSETTIA LANE, IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: THOMPSON/TABATA GPA BOUNDARY BETWEEN THE RESIDENTIAL LOW-MEDIUM CASE NO: GPA 04-1 1 WHEREAS, City of Carlsbad, has filed a verified application with the City of Carlsbad regarding property described as A portion of the eastern half of the northeastern half and a portion of the southwestern quarter of Section 28, Township 12 South, Range 4 West in the San Bernardino Quadrant, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit “GPA 04-11” dated July 21, 2004, attached hereto and on file in the Carlsbad Planning Department THOMPSON/TABATA GPA - GPA 04-11 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 21st day of July 2004, hold a duly noticed public hearing as prescribed by law to consider said request; 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 General Plan Amendment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 11, based on the following findings: RECOMMENDS APPROVAL of THOMPSON/TABATA GPA - GPA 04- Findings : 1. The proposed change in General Plan land use designation from RM to RLM is consistent with the General Plan, the Zoning Ordinance, and the existing subdivisions, in that the proposed designation reflects the existing approved single family development with densities from 2.56 to 3.89 dwelling units per acre; no property within the area proposed for change could be further subdivided beyond that approved through Carlsbad Tract CT 98-14; the proposed General Plan designation would be implemented by the R-1-Q and RD-M-Q zoning on the property; the existing approved subdivision has provided for its fair share of housing affordable to lower income households; and the adjustment of the boundary between RLM and RM will result in no individual lots being located within two General Plan designations. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 21st day of July 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Dominguez, Heineman, Montgomery and Segall NOES: None ABSENT: None ABSTAIN: None CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5676 -2- a9 GENERAL PLAN MAP CHANGE GPA: 04-11 draft final 0 EXISTING PROPOSED portion of the southwestern quarter of Section 28, Township 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5677 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE MELLO 11 SEGMENT OF THE CARLSBAD LOCAL COASTAL PROGRAM TO ADJUST THE BOUNDARY BETWEEN THE RESIDENTIAL LOW MEDIUM DENSITY (RLM) AND RESIDENTIAL MEDIUM DENSITY (RM) LAND USE DESIGNATIONS OVER APPROXIMATELY 7.9 ACRES ON PROPERTY GENERALLY LOCATED WEST OF AVIARA PARKWAY, SOUTH OF POINSETTIA LANE, IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: THOMPSON/TABATA GPA CASE NO: LCPA 04-10 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, City of Carlsbad, has filed a verified application for an amendment to the Local Coastal Program designations regarding property described as A portion of the eastern half of the northeastern half and a portion of the southwestern quarter of Section 28, Township 12 South, Range 4 West in the San Bernardino Quadrant, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “LCPA 04-10” dated July 21,2004, attached hereto, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 21st day of July 2004, hold a duly noticed public hearing as prescribed by law to consider said request; and 31 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, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; and WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State mandated six week review period, starting on June 10, 2004 and ending on July 22, 2004, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission 10 based on the following findings: RECOMMENDS APPROVAL of THOMPSON/TABATA GPA - LCPA 04- Findinm: 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello I1 segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the project area has already been subdivided and graded in accordance with the Mello I1 segment of the Local Coastal Program and no impact to environmentally sensitive lands, agricultural lands, scenic resources, or geologic stability will occur as a result of the proposed change in the land use designation. 2. That the proposed amendment to the Mello I1 segment of the Carlsbad Local Coastal Program is required to bring it into consistency with City’s General Plan Land Use Map and Zoning Map. Conditions: 1. This approval is granted subject to the approval of GPA 04-11 and is subject to all conditions contained in Planning Commission Resolution No. 5676 for that other approval incorporated herein by reference. ... PC RES0 NO. 5677 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 15 2c 21 2; 2: 2' 2: 2( 2: 21 PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 21st day of July 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Dominguez, Heineman, Montgomery and Segall NOES: None ABSENT: None ABSTAIN: None CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HO&ILMR Planning Director PC RES0 NO. 5677 -3 - LOCAL COASTAL PROGRAM LCPA Map Designation Change Approvals Property From: To: Council Approval Date: A. 21 4-1 70-80 See map for line Resolution No: B. 214-170-81 adjustment Effective Date: C. 214-170-84 Signature: I D. 214-170-85 E. 214-170-89 Attach additional pages if necessary LCPA: 04-10 draft final 0 EXISTING PROPOSED Project Name: Thompsonflabata GPA PropertylLegal Description(s): A portion of the eastern half of the northeastern half and a portion of the southwestern quarter of Section 28, Townshp 12 South, Range 4 West inn the San Bernardino Quadrant, in the City of Carlsbad, County of San Diego, State of California I Related Case File No(s): GPA 04-1 1 EXHIBIT 4 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item NO. @ P.C. AGENDA OF: July 21,2004 Application complete date: NJA Project Planner: Michael Grim Project Engineer: NJA SUBJECT: GPA 04-11/LCPA 04-10 - THOMPSON/TABATA GPA - Request for a Negative Declaration, General Plan Amendment and Local Coastal Program Amendment to adjust the boundary between the Residential Low-Medium Density (RLM) and Residential Medium Density (FW) General Plan designations over approximately 7.9 acres on property generally located west of Aviara Parkway, south of Poinsettia Lane, in Local Facilities Management Zone 20. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5675, RECOMMENDING ADOPTION of the Negative Declaration, and ADOPT Planning Commission Resolutions No. 5676 and 5677, RECOMMENDING APPROVAL of GPA 04-1 1 and LCPA 04-10, based upon the findings contained therein. 11. INTRODUCTION The project involves a City-initiated action that would adjust the boundaries of the General Plan and Local Coastal Program land use designations for properties within the ThompsodTabata subdivision to correct an existing General PldZoning inconsistency. The existing General Plan land use and zoning designation boundaries are not coincident and the General Plan boundaries do not follow the newly created property lines within the subdivision, resulting in some lots containing two land use designations. The proposal would revise the boundary between the RLM and RM General Plan designations over approximately 7.9 acres for properties recently subdivided by the ThompsodTabata residential subdivision. The property covered by the proposed land use designation change is already subdivided and has no potential of further subdivision, therefore no impacts to the yield of the properties will occur. The proposed General Plan boundaries would follow the alignment of two streets within the development and would eliminate the potential for one lot to have two land use designations. The proposal is consistent with all applicable policies and regulations and staff has no issues with the proposed land use designation change. 111. PROJECT DESCRIPTION AND BACKGROUND The City of Carlsbad is proposing a General Plan Amendment and Local Coastal Program Amendment to adjust the General Plan land use designation boundaries within the ThompsodTabata residential subdivision. The proposal would adjust the boundary between the RLM and RM General Plan designations over approximately 7.9 acres. The land use designations of the Local Coastal Program would be adjusted through an accompanying Local Coastal Program Amendment. 33- GPA 04-1 1/LCPA 04-10 - THOMPSON/TABATA GPA July 21,2004 Page 2 The subject property is located south of Poinsettia Lane, between Aviara Parkway and Snapdragon Drive. The property was subdivided through the ThompsodTabata residential subdivision (CT 98-14) and contains standard lot single family, small lot single family, and affordable multifamily uses. The development was approved in early 2002 and is currently under construction. No adjustments to the approved development are necessary to implement the proposed General Plan and Local Coastal Program Amendments. No further subdivision of land is possible within the area proposed for boundary adjustments and all exactions, including public facilities and affordable housing, have occurred and will not be impacted by the proposed actions. The adjustment of the boundaries is part of a Citywide effort to bring the General Plan and Zoning into conformity. Areas within the City where the General Plan and Zoning Maps are not in conformity have been identified and targeted for actions to bring the designations into consistency. Currently, the General Plan and zoning boundaries within the ThompsodTabata subdivision are not in conformity. Instead of the existing non-congruent alignment of the General Plan land use boundary, the proposed boundary would follow Crystalline Drive southward from Poinsettia Lane, then follow Rose Drive southward to the subdivision boundary. This alignment separates the two product types within the subdivision and precludes the potential for a single lot to contain more than one land use designation. The ThompsodTabata GPA is subject to the following regulations: A. General Plan; B. Local Coastal Program; C. D. Zoning Ordinance and Existing Subdivision; and Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance). IV. ANALYSIS The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. A. General Plan The ThompsodTabata GPA is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the land use designation amendment request are the Land Use, Housing, and Open Space and Conservation Elements. Table 1 below indicates how the project complies with these particular elements of the General Plan. GPA 04-1 l/LCPA 04-10 - THOMPSON/TABATA GPA July 2 1 , 2004 Page 3 Element Land Use Housing Open Space and Conservation TABLE 1 - GENERAL PLAN COMPLIANCE Use Classification, Goal, Objective or Program The RLM and RM designations would be divided by Crystalline Drive and Rose Drive. Provide sufficient, new affordable housing to meet the needs of groups with special requirements. Preserve open spaces in as natural a state as possible. Proposed Use and Improvements Those properties east of the dividing line are constructed at RLM densities and those properties west of the dividing line are constructed at RM densities. The proposed land use boundary adjustment does not affect the ability of the project to construct the approved affordable housing project. The proposed land use boundary adjustment does not alter the approved development, thereby continuing to preserve the approved natural open space to the east of the development site. Compliance Yes Yes Yes As shown by the above table, the project would ensure conformance with the General Plan. B. Local Coastal Program The subject properties are located in the Mello 11 segment of the City’s Local Coastal Program (LCP). The LCP consists of two parts - the Land Use Plan and the implementing ordinances. For this portion of the Mello I1 segment, the implementing ordinances consist of the applicable portions of the Zoning Ordinance. This section addresses only compliance with the Land Use Plan since Zoning Ordinance compliance is discussed in Section C below. The policies of the Mello I1 Land Use Plan emphasize topics such as preservation of agricultural and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. The proposed adjustments to the boundaries between the RLM and RM land use designations are consistent with the policies contained in the Land Use Plan for the Mello II segment of the LCP. Since all of the affected properties are already subdivided and no additional development is proposed with this project, no impacts to any physical features, such as scenic resources, environmentally sensitive areas, or geologic features, will occur. The adjustment of the land use boundaries over the developing properties does not preclude the continued conformance with the Mello I1 segment policies. The land use changes represent the relocation of an existing boundary; therefore no new land use is being added to the plan. Given the above, the proposed ThompsodTabata GPA is consistent with the Mello 11 Land Use Plan of the LCP. 37 GPA 04- 1 l/LCPA 04- 10 - THOMPSON/TABATA GPA July 2 1 , 2004 Page 4 C. Zoning Ordinance/Existing Subdivision The proposed ThompsodTabata GPA must be consistent with the existing Zoning and the existing, developed subdivision. The proposed actions would make coincident the boundaries of the R-1-Q and RLM designations, as well as the boundaries of the RD-M-Q and RM designations. The R- 1 zone implements the RLM designation by allowing single-family development with a minimum lot size of 7,500 square feet. The RD-M zone implements the RM designation by allowing the development of small lot single-family development and multifamily condominiums. As stated above, the area proposed for the land use changes covers the southern portion of the existing ThompsodTabata residential subdivision. The subdivision has two components: that portion within the proposed RLM area was approved at a net density of 2.56 dwelling units per developable acre and that portion within the proposed RM area was approved at a net density of 3.89 dwellings per acre. Both of these existing densities are close to or within their respective range of the RLM and RM designations. Therefore the adjusted land use designations are appropriate for the existing, approved land use. There are no lots within the area that could be further subdivided; therefore the proposed land use change does not affect any future development in the area. Given the above, the proposed ThompsodTabata land use change is consistent with the Zoning Ordinance and the existing subdivisions. D. Growth Management Ordinance Any request to change the land use of a property must be consistent with the City’s Growth Management Plan. Since the area proposed for the land use change is under development, all public facilities necessary to serve the ThompsodTabata development are already in place or are being constructed concurrent with development. Therefore, the proposed land use boundary adjustment would not have any impacts on public facilities or services. In addition, all excess dwelling units resulting from the development of the property at a lower density than the Growth Management Control Point for the RLM and RM designations have been extracted. The proposed land use change would therefore not result in any additional dwelling units being deposited in the excess dwelling unit bank. Given the above, the proposed zoning and land use designation adjustment is consistent with the Growth Management Ordinance. V. ENVIRONMENTAL REVIEW The potential environmental impacts due to the proposed land use adjustment was reviewed for potentially significant adverse impacts to the environment pursuant to the California Environmental Quality Act (CEQA). No construction or revisions to the approved development plan are proposed with the boundary revisions, therefore no impacts to physical features would occur. The boundary adjustments bring the General Plan, Zoning and Local Coastal Program into conformance with each other and do not impact the existing approved subdivision. No land within the area of the boundary adjustments could be further subdivided and the proposed land use changes do not affect the ability of the project to provide its proportionate share of housing affordable to lower income households. Given the above, the proposed land use designation boundary adjustment would not produce any significant adverse impacts to the environment. The 38 GPA 04- 1 1 /LCPA 04- 10 - THOMPSON/TABATA GPA July 2 1,2004 Page 5 Planning Director issued a Negative Declaration on June 18,2004 for a 30-day public review and no comments were received. ATTACHMENTS : 1. 2. 3. 4. Location Map 5. Background Data Sheet Planning Commission Resolution No. 5675 (Neg Dec) Planning Commission Resolution No. 5676 (GPA) Planning Commission Resolution No. 5677 (LCPA) 39 BACKGROUND DATA SHEET CASE NO: GPA 04-1 1LCPA 04-10 CASE NAME: ThompsordTabata GPA APPLICANT: City of Carlsbad REQUEST AND LOCATION: Request for a Negative Declaration, General Plan Amendment, Zone Change, and Local Coastal Program Amendment to adiust the boundary' between the Residential Low-Medium Density (RLM) and Residential Medium Density (RM) General Plan designations over approximately 7.9 acres on property generally located west of Aviara Parkway, south of Poinsettia Lane, in Local Facilities Management Zone 20. LEGAL DESCRIPTION: A portion of the eastern half of the northeastern half and a portion of the southwestern quarter of Section 28, Township 12 South, Range 4 West inn the San Bernardino Quadrant, in the City of Carlsbad, County of San Diego. State of California APN: 214-170-80. -81, -84, -85, -89 Acres: 8.0 Proposed No. of Lots/Units: n/a GENERAL PLAN AND ZONING Land Use Designation: RLM and RM Density Allowed: 0.0 - 8.0 du/ac Existing Zone: R-1-0 and RD-M-Q Surrounding Zoning, General Plan and Land Use: Density Proposed: n/a Proposed Zone: Zoning General Plan Site R-1-Q and RD-M-Q RLM and RM North R-1, RD-M-Q, and L-C RLM and RM South R-1 RLM East P-c os West RD-M RM Current Land Use Under construction Single family homes Single family homes Natural open space Single family homes PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): n/a ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued June 18,2004 Certified Environmental Impact Report, dated 40 Planning Commission Minutes EXHIBIT 5 July 21, 2004 DRAFT page2 3. GPA 04-1VLCPA 04-10 - THOMPSONnABATA GPA - Request for a Negative Declaration, General Plan Amendment and Local Coastal Program Amendment to adjust the boundary between the Residential Low-Medium Density (RLM) and Residential Medium Density (RM) General Plan designations over approximately 7.9 acres on property generally located west of Aviara Parkway, south of Poinsettia Lane, in Local Facilities Management Zone 20. Mr. Neu stated that agenda Item 3 is normally heard in a public hearing context, however, this project is minor and routine in nature with no outstanding issues and Staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent Item, including the errata sheets, if any. If the Commission or someone from the public wishes to pull an Item, Staff would be available to respond to questions. Chairperson Whitton asked if there was anyone who wished to pull Item 3 or if any of the Commission wished to speak on those Items. MOTION ACT1 0 N : Motion by Commissioner Baker, and duly seconded, that the Planning Commission approve Item 3. Montgomery and Segall VOTE: 6-0 AYES: Chairperson Whitton, Commissioners Baker, Dominguez, Heineman, NOES: None Chairperson Whitton closed the public hearing and asked Mr. Neu to introduce the next item. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, September 14, 2004, to consider a request to adopt a Negative Declaration, and approve a General Plan Amendment and Local Coastal Program Amendment to adjust the boundary between the Residential Low-Medium Density (RLM) and Residential Medium Density (RM) General Plan designations over approximately 7.9 acres on property generally located west of Aviara Parkway, south of Poinsettia Lane, in Local Facilities Management Zone 20 and more particularly described as: A portion of the eastern half of the northeastern half and a portion of the southwestern quarter of Section 28, Township 12 South, Range 4 West inn the San Bernardino Quadrant, in the City of Carlsbad, County of San Diego, State of California Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after September IO, 2004. If you have any questions, please call Mike Grim in the Planning Department at (760) 602-4623. If you challenge the Negative Declaration, General Plan Amendment and/or Local Coastal Program 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, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 04-1 I/LCPA 04-1 0 CASE NAME: THOMPSON/TABATA GPA PUBLISH: September 3, 2004 CITY OF CARLSBAD CITY COUNCIL SITE THOMPSON/TABATA GPA GPA 04-1 I/LCPA 04-10 Smooth Feed SheetsTM use template for 5160@ CARLSBAD UNlF SCHOOL DlST SAN MARCOS SCHOOL DlST ENClNlTAS SCHOOL DlST . 6225 EL CAMINO REAL CARLSBAD CA 92009 SAN MARCOS CA 92069 ENClNlTAS CA 92024 1 CIVIC CENTER DR 101 RANCHO SANTA FE RD SAN DlEGUlTO SCHOOL DlST 701 ENClNlTAS BLVD TIM JOCHEN 1966 OLIVENHAIN RD ENClNlTAS CA 92024 1960 LA COSTA AVE ENClNlTAS CA 92024 CARLSBAD CA 92009 LEUCADIA WASTE WATER DlST 0 LIVEN H AI N W AT E R D I ST CITY OF ENClNlTAS 505 S VULCAN AVE ENClNlTAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY VALLECITOS WATER DlST 201 VALLECITOS DE OR0 SAN MARCOS CA 92069 SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE STE B SAN DIEGO CA 92123 5201 RUFFIN RD SD COUNTY PLANNING SANDIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DlST SANDAG 9150 CHESAPEAKE DR STE 800 SANDIEGO CA 92123 401 B STREET SAN DIEGO CA 92101 ATTN TED ANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92138-2776 SAN DIEGO CA 92108-4402 STANDARD PACIFIC HOMES CITY OF CARLSBAD CITY OF CARLSBAD JOANN WANTANABE RECREATION ADMIN 2519 FLEET ST DEPT CARLSBAD CA 92008 PUBLIC W ORKS/E NG I N EERl NG CITY OF CARLSBAD PROJECT PLANNER MIKE GRIM 08/03/2004 ERYD ..?$dress Labeis SAN FRANCISCO BAY CONSERVATION & D EVMT COMMISSION BILL TRAVIS STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941 11-4704 U S BUREAU OF LAND MGMT STE RM W 1834 2800 COTTAGE WAY SACRAMENTO CA 95825 U S FISH &WILDLIFE SERVICE 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825-1 888 USDA - RURAL DEVELOPMENT DEPT 4169 430 "G" ST DAVIS CA 95616 STATE LANDS COMMISSION DWIGHT SANDERS STE 1005 100 HOWE AV SACRAMENTO CA 95825-8202 U S BUREAU OF RECLAMATION 2800 COTTAGE WAY SACRAMENTO CA 95825 MID-PACIFIC REGION U S ARMY CORPS OF ENGINEERS LILY ALYEA STE 702 333 MARKET ST SAN FRANCISCO CA 94105-2197 WATER RESOURCES CONTROL BD PO BOX 100 SACRAMENTO CA 95801 Smooth Feed Sheets’” RANCHO CARLSBAD HOA RUSS KOHL 5200 EL CAMINO REAL CARLSBAD CA 92008 ANTHONY & DICKY BONS 25709 HI LLCREST AV ESCONDIDO CA 92026-8650 REG WATER QUALITY CONTROL BD STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 FEDERAL AVIATION ADMIN WESTERN REG PO BOX 92007 LOSANGELES CA 90009 BARRY BRAYER, AWP-8 CARLSBAD CHAMBER OF COMMERCE TED OWEN 5934 PRIESTLY DR CARLSBAD CA 92008 CALTRANS DISTRICT 11 BILL FlGGE MAIL ST 50 P 0 BOX 85406 SAN DIEGO CA 92186-5406 U S FISH &WILDLIFE SERVICE LEE ANN CARRANZA 6010 HIDDEN VALLEY ROAD CARLSBAD CA 92009- BUREAU OF INDIAN AFFAIRS RONALD M JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANSPORTATION & HSG AGENCY PATRICIA W NEAL DEPUTY SEC HOUSING SUPERINTENDENT STE 2450 1901 SPINNAKER DR 980 NINTH ST SAN BUENA VENTURA CA 93001 SACRAMENTO CA 95814 CHANNEL ISLANDS NATIONAL PARK COUNCIL ON ENVIRONMENTAL QUALITY CHAIRMAN 722 JACKSON PL NW WASHINGTON DC 20006 DEPARTMENT OF ENERGY STE 400 611 RYAN PLAZA DR ARLINGTON TX 7601 1-4005 DEPARTMENT OF FISH & GAME ENVIRONMENTAL SERVICES DIV P 0 BOX 944246 SACRAMENTO CA 94244-2460 DEPARTMENT OF FORESTRY DOUG WICKIZER, ENVIR COORD P 0 BOX 944246 SACRAMENTO CA 94244-2460 DEPARTMENT OF JUSTICE DEPUTY ATTORNEY GENERAL RM 700 110 WESTAST SAN DIEGO CA 92101 DEPARTMENT OF DEFENSE LOS ANGELES DlST ENGINEER PO BOX 271 1 LOSANGELES CA 90053 DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIR STE 350 901 MARKETST SAN FRANCISCO CA 94103 DEPARTMENT OF FOOD &AGRICULTURE STEVE SHAFFER, AGRICULTURE RESOURCES RM 100 1220 N ST SACRAMENTO CA 95814 DEPARTMENT OF HOUSING & URBAN DEVE DUNCAN LENT HOWARD, REG ADMIN 450 GOLDEN GATE AV SAN FRANCISCO CA 94102 DEPARTMENT OF TRANSPORTATION RM 5504 1120 N ST SACRAMENTO CA 95814 Smooth Feed SheetsT" CYRIUMARY GIBSON 12142 ARGYLE DR LOS ALAMITOS CA 90702 LANlKAl LANE PARK SHARP SPACE3 6550 PONTO DRIVE CARLSBAD CA 92008 SAN DIEGO GAS & ELECTRIC KIM BLESSANT 101 ASH STREET SAN DIEGO CA 92101- TABATA FARMS PO BOX 1338 CARLSBAD CA 9201 8-1 338 LESLIE ESPOSITO 1893 AMELFI DR ENClNlTAS CA 92024 LAKESHORE GARDENS TOM BENSON 7201 AVENIDA ENCINAS CARLSBAD CA 92009 JOHN LAMB 1446 DEVLIN DR LOSANGELES CA 90069 STATE LANDS COMMISSION MARY GRIGGS STE 100 S 100 HOW E AV SACRAMENTO CA 95825-8202 COUNTY OF SD SUPERVISOR BILL HORN ART DANELL RM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 S D CO PLANNING & LAND USE DEPT JAON VOKAC 5201 RUFFIN ROAD SAN DIEGO CA 92123 STE B-5 FLOYD ASHBY P 0 BOX 232580 ENClNlTAS CA 92023-2580 GEORGE BOLTON 6583 BLACKRAIL RD CARLSBAD CA 92009 SANDAG-LAND USE COMMISS NAN VALERIO STE 800 401 “B” STREET SAN DIEGO CA 92101 PERRY A LAMB 890 MERE POINT RD BRUNSWICK ME 04011 COASTAL CONSERVANCY RICHARD RETECKI STE 1100 1330 BROADWAY OAKLAND CA 94612 DALE/DO N N A S C H RE I B ER 7163 ARGONAUTA WAY CARLSBAD CA 92009 CALIFORNIA RESOURCES AGENCIES STE 1311 1416 9TH ST SACRAMENTO CA 95814 LENNAR HOMES CHRISTINE ZORTMAN STE 320 5780 FLEET ST CARLSBAD CA 92008-4702 Smooth Feed SheetsTM BAT1 QUlTOS LAGOON FOUNDATION JOHN BURNS P 0 BOX I30491 CARLSBAD CA 92009- OFFICE OF PLANNING & RESEARCH OFFICE OF LOCAL GOVERNMENT AFFAIRS PO BOX 3044 SACRAMENTO CA 95812 MARINE RESOURCES REGION ENVIRONMENTAL SVCS STE J 4665 LAMPSON AVE LOS ALAMITOS CA 90720-51 39 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, {DATE}, to consider a request to adopt a Negative Declaration, and approve a General Plan Amendment and Local Coastal Program Amendment to adjust the boundary between the Residential Low-Medium Density (RLM) and Residential Medium Density (RM) General Plan designations over approximately 7.9 acres on property generally located west of Aviara Parkway, south of Poinsettia Lane, in Local Facilities Management Zone 20 and more particularly described as: A portion of the eastern half of the northeastern half and a portion of the southwestern quarter of Section 28, Township 12 South, Range 4 West inn the San Bernardino Quadrant, in the City of Carlsbad, County of San Diego, State of California Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after {DATE). If you have any questions, please call Mike Grim in the Planning Department at (760) 602-4623. If you challenge the General Plan Amendment and Local Coastal Program 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 at or prior to the public hearing. CASE FILE: GPA 04-1 I/LCPA 04-10 CASE NAME: THOMPSONnABATA GPA PUBLISH: {DATE) CITY OF CARLSBAD CITY COUNCIL SITE THOMPSONITABATA GPA GPA 04-1 IlLCPA 04-1 0 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 City of Oceanside and the City of Escondido, Court Decree number 171349, 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: September 03'd ,2004 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 03rd Day of September, 2004 This space is for the County Clerk's Filing Stamp Proof of Publication of I- __ 1 I CASE FILE:GPA 04-1 1ILCPA 04-10 CASE NAME:THOMPSONTTABATA GPA CITY OF CARLSBAD CITY COUNCIL NCT 16783318 September 03,2004 Signature 'd JaneOlson NORTH COUNTY TIMES Legal Advertising Thompson/Thompson/TabataTabataGeneral Plan AmendmentGeneral Plan AmendmentGPA 04GPA 04--11/LCPA 0411/LCPA 04--1010 Thompson/Thompson/Tabata Tabata GPAGPAProject DescriptionProject Description„„Part of CityPart of City--wide program to provide wide program to provide consistency between General Plan, Local consistency between General Plan, Local Coastal Program, and Zoning designations.Coastal Program, and Zoning designations.„„Relocation of General Plan/LCP land use Relocation of General Plan/LCP land use designation boundary through a residential designation boundary through a residential subdivision.subdivision.„„New boundary would follow the existing New boundary would follow the existing zoning designation boundary and the zoning designation boundary and the internal street system.internal street system. Thompson/Thompson/Tabata Tabata GPAGPAExisting GP/LCP BoundaryExisting GP/LCP BoundaryPOINSETTIA LNA V I ARA P K W Y KESTRELDRWILDROSETERRSNAPDRAGON DRALYSSUMRDCAMINO DE LAS ONDASBATIQUITOS DRNIGHTSHADERDSITERMRLM Thompson/Thompson/Tabata Tabata GPAGPAProposed GP/LCP BoundaryProposed GP/LCP BoundaryPOINSETTIA LNAV I ARA P K W Y KESTRELDRWILDROSETERRSNAPDRAGON DRALYSSUMRDCAMINO DE LAS ONDASBATIQUITOS DRNIGHTSHADERDSITERLMRM Thompson/Thompson/Tabata Tabata GPAGPASite ConditionsSite Conditions„„Subdivision approved by the City Council Subdivision approved by the City Council in early 2002.in early 2002.„„Site is graded, models are open, and Site is graded, models are open, and remainder of site is under construction.remainder of site is under construction.„„Entire development still owned by Entire development still owned by developer (Standard Pacific Homes).developer (Standard Pacific Homes). Thompson/Thompson/Tabata Tabata GPAGPAProject ConsistencyProject Consistency„„Proposed amendment is consistent with:Proposed amendment is consistent with:––General Plan elementsGeneral Plan elements––Local Coastal Program policiesLocal Coastal Program policies––Zoning designationsZoning designations––Growth Management OrdinanceGrowth Management Ordinance––California Environmental Quality ActCalifornia Environmental Quality Act Thompson/Thompson/Tabata Tabata GPAGPARecommended ActionsRecommended Actions„„Adopt Resolution No. 2004Adopt Resolution No. 2004--294 approving 294 approving the Negative Declaration, General Plan the Negative Declaration, General Plan Amendment, and Local Coastal Program Amendment, and Local Coastal Program Amendment.Amendment. Thompson/Thompson/Tabata Tabata General Plan AmendmentGeneral Plan AmendmentGPA 04GPA 04--11/LCPA 0411/LCPA 04--1010