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HomeMy WebLinkAbout2005-01-11; City Council; 17941; North Coast Calvary Chapel10 - TITLE: NORTH COAST CALVARY CHAPEL GPA 04-1 6/ZC 04-1 2/LCPA 04-1 2 v- DEPT. PLN 17 CITYMGR a Project application(s) RECOMMENDED ACTION: Administrative Reviewed by and Approvals Final at Planning That the City Council INTRODUCE Ordinance No. , APPROVING Zone Change ZC 04-1 2 and ADOPT Resolution No. 2005-009 ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and APPROVING General Plan Amendment 04- 16 and Local Coastal Program Amendment LCPA 04-1 2. ITEM EXPLANATION: NS-737 Environmental Review GPA 04-16 ZC 04-12 LCPA 04-1 2 SDP 04-02 CUP 04-05 HDP 04-01 Commission X X X LI C hur u4-u I E I I A CDP 04-03 MS 04-02 To be Reviewed - Final at Council X X X X X X On November 17, 2004, the Planning Commission recommended approval (7-0) of the development of a church campus on a vacant parcel of land located on the northeast corner of Poinsettia Lane and Aviara Parkway. The project requires a General Plan Amendment, Zone Change and Local Coastal Program (LCP) Amendment to change the Residential land use and zoning designation of the undeveloped property, 13.84 acres, to Open Space to implement the Habitat Management Plan and for land use, zoning, and LCP consistency. ENVIRONMENTAL: Based on an environmental impact assessment conducted by staff, potentially significant impacts were identified for paleontological resources. Mitigation measures have been imposed to reduce those impacts to below a level of significance. The Planning Director issued a Notice of Intent to Issue a Mitigated Negative Declaration on September 20, 2004. A comment was received from the California Department of Fish and Game related to grading during the gnatcatcher breeding season during the 30-day public review period. A condition was added to the Conditional Use Permit to survey for the Gnatcatcher prior to grading. FISCAL IMPACT: All public infrastructure required by this project would be funded by the developer. 1/11 J PAGE 2 OF AGENDA BILL NO. 17,941 EXHIBITS: 1. City Council Ordinance No. NS-737 2. City Council Resolution No. 2005-009 3. Location Map 4. 5. 6. Planning Commission Resolutions No. 5784, 5785, 5786, and 5787 Planning Commission Staff Report, dated November 17,2004 Excerpt of Planning Commission Minutes, dated November 17, 2004. DEPARTMENT CONTACT: Van Lynch, (760) 602.461 3, vlync@ci.carlsbad.ca.us d 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 ORDINANCE NO. NS-737 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 04-12, FROM RESIDENTIAL SINGLE-FAMILY, 7,500 SQUARE FOOT LOT SIZE MINIMUM, QUALIFIED DEVELOPMENT OVERLAY TO OPEN SPACE ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20 CASE NAME: NORTH COAST CALVARY CHAPEL CASE NO.: ZC 04-12 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map marked Exhibit “ZC 04-12,” dated November 17, 2004, attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5786 constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Cornmission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 11th day of JANUARY , 2005, and thereafter Ill Ill Ill Ill Ill 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 AND ADOPTED at a regular meeting of said City Council held on the day of , 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAl N: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- 4 ZC 04-12 - North Coast Calvary Chapel November 1 7,2004 1 Property A. 21 4-550-01 B. 21 5-070-1 3 C. 21 5-070-36 n EXISTING I From: To: R-1 -Q R-1 -Q/OS R-1 -Q R-1 -Q/OS R-1 -Q R-1 -Q/OS I Related Case File No@): GPA 04-1 6/LCPA 04-1 YSDP 04-O2/CUP 04-0WHDP 04-01 /CDP 04-03 Zoning Map Designation Change U. I I I Attach additional'pages if necessary I 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. 2005-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING A GENERAL PLAN AMENDMENT TO AMEND THE LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN AND LOCAL COASTAL PROGRAM AMENDMENT FOR THE NORTH COAST CALVARY CHAPEL PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: NORTH COAST CALVARY CHAPEL CASE NO.: GPA 04-16/ZC 04-12/LCPA 04-12 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on November 17, 2004, hold a duly noticed public hearing as prescribed by law to consider a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, and Local Coastal Program Amendment; and WHEREAS, the City Council of the City of Carlsbad, on the 11th day of , 2005, held a duly noticed public hearing to consider said Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 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 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and/or GPA 04-1 6/LCPA 04-1 2; and JANUARY NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 1. 2. That all recitations are true and correct. That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolutions No. 5784, 5785, and 5787, 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 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Local Coastal Program Amendment on property generally located on the northeast corner of Poinsettia Lane and Aviara Parkway is approved as shown in Planning Commission Resolutions No. 5785 and 5787. c 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 Low to Medium Density (RLM) to Open Space (OS) on property generally located on the northeast corner of Poinsettia Lane and Aviara Parkway, as shown in Planning Commission Resolution No. 5785, is hereby accepted, approved in concept, and shall be formally approved with GPA Batch No. 1 of 2005 comprised of GPA 01-03, GPA 03-1 1, GPA 04-05, GPA 04-07, GPA 04- 09, GPA 04-14, GPA 04-16 and GPA 04-18. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 11th day Of JANUARY , 2005, by the following vote, to wit: AYES: Council Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Council Member Lewis MATT HALL, Ma$or. Prd Tern ATTEST: (SEAL) -2- 7 EXHIBIT 3 SITE NORTH COAST CALVARY CHAPEL GPA 04-1 6/ZC 04-1 2/LCPA 04-1 2 8 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 4 PLANNING COMMISSION RESOLUTION NO. 5784 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM TO DEVELOP A CHURCH CAMPUS ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: NORTH COAST CALVARY CHAPEL CASE NO.: GPA 04- 16/ZC 04- 12/LCPA 04- 12/SDP 04-021 CUP 04-05/HDP 04-0 1/CDP 04-03 WHEREAS, North Coast Calvary Chapel, a California Non-Profit Corporation, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as The Northwest Quarter of the Southwest Quarter of the Southwest Quarter together with the South Half of the Southwest Quarter of the Southwest Quarter both of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, together with Lot 1 of Carlsbad Tract No. 91- 12, according to the Map thereof No. 13394, recorded January 24, 1997 in the office of the County Recorder of San Diego County, all in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 17th day of November 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 Mitigated Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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 Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and mitigation monitoring and reporting program, Exhibit “ND,” according to Exhibits ‘“01” dated September 20, 2004, and “PII” dated September 14, 2004, attached hereto and made a part hereof, based on the following findings: Findines: 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered the Mitigated Negative Declaration for 12/SDP 04-02/CUP 04-05/HDP 04-01/CDP 04-03, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and NORTH COAST CALVARY CHAPEL - GPA 04-16/ZC 04-12LLCPA 04- b. the Mitigated Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA Part I1 and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. Conditions: 1. The Developer shall implement or cause the implementation of the North Coast Calvary Chapel Mitigation Monitoring and Reporting Program. ... ... ... ... ... PC RES0 NO. 5784 -2- 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 17th day of November 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: )&ANK H. %TIITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: n MICHAEL J. HOLZMILLEI~ Planning Director PC RES0 NO. 5784 -J- NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: NORTH COAST CALVARY CHAPEL CASE NO: GPA 04- 16/ZC 04- 12/LCPA 04- 12,’CUP 04-03/SDP 04-02/CDP 04- 03/HDP 04-01 PROJECT LOCATION: Northeast comer of Aviara Parlway and Poinsettia Lane, Carlsbad, San Dierio County, APN 215-070-13 and 26 and 214-550-01 PROJECT DESCRIPTION: The project is the development of a 26.94 acre site with a 13 acre church campus consisting of a 49,000 square foot multi-purpose buildinglfamily center with a capacity of 1,800 people, a 19,000 square foot two story preschool for 150 students, a 4,000 square foot chapel building, a 7,000 square foot gymnasium, a 13,000 square foot youth building, and a 6,000 square foot adult education building. The project grading will include 53,400 cu yds of cut, 40,700 cu yds of fill and 12,700 CLI yds of export. Other improvements to the site include: sidewalk, curb and gutter along the project’s frontage, a traffic signal at Aviara Parkway and Camino De Las Ondas, an access road to the existing SDG&E transmission line easement, and drainage improvements. 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) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project “as revised” may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration are on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaratioii are subject to review and approvaVadoption 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 Van Lynch in the Planning Department at (760) 602-46 13. PUBLIC REVIEW PERIOD PUBLISH DATE SEPTEMBER 20,2004 SEPTEMBER 20,2004 THROUGH OCTOBER 20,2004 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 * wwwp&$,yje,b&$ca.us @ Ja MITIGATED NEGATIVE DECLARATION CASE NAME: NORTH COAST CALVARY CHAPEL CASE NO: GPA 04-16 /ZC 04-12 /LCPA 04-12 /CUP 04-03 /SDP 04-02 /CDP 04-03 /HDP 04-0 1 PROJECT LOCATION: Northeast comer of Aviara Parkway and Poinsettia Lane, Carlsbad, San Dieao County, A€” 215-070-13 and 26 and 214-550-01 PROJECT DESCRIPTION: The project is the development of a 29.94 acre site with a 13 acre church campus consisting of a 49,000 square foot multi-purpose building/family center with a capacity of 1,800 people, a 19,000 square foot two story preschool for 150 students, a 4,000 square foot chapel building, a 7,000 square foot gymnasium, a 13,000 square foot youth building, and a 6,000 square foot adult education building. The project grading will include 53,400 cu yds of cut, 40,700 cu yds of fill and 12,700 cu yds of export. Other improvements to the site include: sidewalk, curb and gutter along the project’s frontage, a traffic signal at Aviara Parkway and Camino De Las Ondas, an access road to the existing SDG&E transmission line easement, and drainage improvements. 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) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: El 0 Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. 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. (Mitigated 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 Ordinance 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 CASE NO: GPA 04-16/ZC 04-12lLCPA 04-l2/Cl.JP 04-0YSDP 04-02/CDP 04-03/HDP 04-01 DATE: September 14,2004 BACKGROUND 1. 2. 3. 4. 5. 6. 7. 8. 9. CASE NAME: North Coast Calvarv Chapel LEAD AGENCY NAME AND ADDRESS: City of Carlsbad, 1635 Faradav Ave, Carlsbad, @A CONTACT PERSON AND PHONE NUMBER: Van Lynch, City of Carlsbad. (760) 602-4613 PROJECT LOCATION: Northeast comer of Aviara Parkway and Poinsettia Lane, Carlsbad, San Diego County, APN 215-070-13 and 36 and 214-550-01 PROJECT SPONSOR’S NAME AND ADDRESS: North Coast Calvary Chapel, Mark Foreman, 7188 Avenida Encinas, Carlsbad, CA GENERAL PLAN DESIGNATION: Residential Low-Medium (RLM) ZONING: Residential Single Family - Qualified development overlay zone (R-1-790 - 0) OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): California Coastal Commission (LCPA) PROJECT DESCRIF’TIONI ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The project is the development of a 30.9 acre site with a 13.1 acre church campus consisting of a 49,000 square foot multi-purpose building/family center with a capacity of 1,800 people, a 19,000 square foot two story preschool for 150 students, a 4,000 square foot chapel building, a 7,000 square foot gymnasium, a 13,000 square foot youth building, and a 6,000 square foot adult education building. The church project will be developed on the southern portion of the site, and north of Poinsettia Lane and east of Aviara Parkway. The remainder of the site will be preserved as natural open space. Administrative offices, nursery, library, bookstore, and coffee shop uses are included within the project. The preschool will operate Monday through Friday as well as administrative offices. Access to the site will be from a signalized intersection at Aviara Parkway and Camino De Las Ondas, a right in and right out only on Aviara Parkway and a right in and right out only on Poinsettia Lane. Vehicular circulation and parking will surround the “campus” group of buildings. A total of 1,049 parking spaces are proposed and consist of surface parking and a proposed two level parking structure. The project grading will include 53,400 cubic yards of cut, 40,700 cubic yards of fill and 12,700 cubic yards of export. Other improvements to the site include: sidewalk, curb and gutter along the project’s frontage, a traffic signal at Aviara Parkway and Camino De Las Ondas and drainage improvements, and an access road to the existing SDG&E transmission line easement which is located on the easterly side of the property. 1 Rev. 07/03/02 14 The portion of the site that is proposed for development is relatively flat and has been previously disturbed by agricultural uses. The northern portion of the site is vegetated with native habitat (8.9 acres) and slopes northerly to a natural drainage finger canyon of Encinas Creek. The native habitat will be preserved as open space. South of Poinsettia Lane is a triangular area (5.1 acres) that contains manufactured slopes of Poinsettia Lane, a SDG&E transmission tower, and native habitats which will be preserved in open space. A public pedestrian trail is proposed on the existing service road within the SDG&E easement north of Poinsettia Lane. No duel criteria slopes are being disturbed and the project does not impact any of the sensitive habitats or species found on the site. The project preserves the existing 7.58 ac. of Coastal Sage Scrub 1.49 ac. Southern Maritime Chaparral, .67 ac. Southern Willow Scrub, and .60 ac of wetland ruderal vegetation. Wart-stemmed Ceanothus and Ashy spike-moss were also found on site and are not being disturbed. A previous protocol Coastal California Gnatcatcher survey identified three pair of birds in areas not proposed for development. The property to the north is developed with multi-family housing and portions are in open space. To the east is fallow agncultwal lands and open space. To the south is single family residential and to the west are a remnant open space parcel and a residential subdivision under construction. Poinsettia Lane and Aviara Parkway intersect on the southwestern comer of the property and divide the property into three sections. 2 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’hcorporated” as indicated by the checklist on the following pages. Aesthetics c] Geology/Soils 0 Noise Agricultural Resources c] Air Quality Hydrology/Water Quality 0 Public Services 0 Biological Resources 0 Land Use and Planning 0 Recreation Hazards/Hazardous Materials 0 Popu1ation and Housing Cultural Resources [7 Mineral Resources 0 TransportatiodCirculation - 0 Utilities & Service Systems Mandatory Findings of Significance 3 Rev. Q7lQ3lQ2 DETERMINATION. 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 fmd 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 that are imposed upon the proposed project. Therefore, nothing further is required. V 4 / I door Planning Director’s Si$%ddre Date 4 Rev. 07103f02 /7 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as we11 as genera1 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 &l 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 Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or , any of its aspects may cause a significant 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. 5 Rev. 07/03/02 0 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been hscussed 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 rhitigation 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. 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, whch would otherwise be determined significant. 6 Rev. 07103i02 Issues (and Supporting Information Sources). I. AESTHETICS - Would the project: a) Have a substantial adverse effect na senic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic hghway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? 11. AGRICULTURAL +SOURCES - (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: a) Convert Prime Farmland, Unique Farmland, or 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'? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 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? III. 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 deteiminations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated 0 0 0 0 0 0 17 0 Less Than Significant No Impact Impact IXIO IXIU UBI OBI 17 17 OBI 0 0 OBI 7 Rev. 07/03/02 a0 Issues (and Supporting Information Sources). Potentially Significant Unless Mitigation Incorporated Potentially Significant Impact Less Than Significant Impact No Impact c) 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)? 0 0 0 IXI 0 0 0 0 d) Expose sensitive receptors to substantial pollutant concentrations? 0 e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL, RESOURCES - Would the project: 0 0 a) 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? 0 0 0 b) 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 U.S. Fish and Wildlife Service? 0 0 c) 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? 0 d) 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? 0 0 e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance’? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ixi 13 g) Impact tributary areas that are environmentally sensitive’? 8 dl Rev. 07103102 Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated No Impact 0 17 Ixi IXI IXI a Ixi Ixi a Less Than Significant Impact IXI Ea 0 [xi 0 0 0 V. CULTURAL RESOURCES - Would the project: Cause a substantial adverse change in the significance of a historical resource as defined in 9 15064.5? 0 Cause a substantial adverse change in the significance of an archeological resource pursuant to 3 15064.5'? 0 IXI Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 0 Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS - Would the project: Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 0 0 i. 11. ... 111. iv . Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zouing 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. 0 0 Strong seismic ground shaking? 0 0 Seismic-related ground failure, including liquefaction'? 0 0 0 Landslides'? 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? 0 0 0 0 Be located on expansive soils, as defined in Table 18 - 1 -B of the Uniform Building Code (1 997), creating substantial risks to life or property? 9 Rev. 07103102 29 Issues (and Supporting Information Sources). e) 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? VII. 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 withn an airport land use plan, or where such a plan has not been adopted, withn two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working 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? 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: a) Violate any water quality standards or waste discharge requirements? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact CI ow 0 0 El 0 0 0 0 0 0 ow ow ow ow ow OM ow 10 Rev. 07/03/02 Issues (and Supporting Information Sources) Potentially Significant Unless Mitigation Incorporated I7 Potentially Significant Impact 0 Less Than Significant Impact No Impact b) 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 (i.e., 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)? 0 [XI 0 0 0 cl ixI la c) Impacts to groundwater quality? 0 d) Substantially alter the existing drainage pattein 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? 0 0 0 Kl e) 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? 0 0 0 f) 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? 0 0 0 g) Otherwise substantially degrade water quality? h) Place housing withm a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? 0 0 i) Place withm 100-year flood hazard area structures, which would impede or redirect flood flows? 0 0 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? n 0 k) Inundation by seiche, tsunami, or mudflow? El 1) Increased erosion (sediment) into receiving surface waters. m) Increased pollutant discharges (eg, 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)'? 11 Rev. 07/03/02 Potentially Significant Mitigation Significant No Incorporated Impact Impact Unless Less Than Issues (and Supporting Information Sources). Potentially Significant Impact 0 0 n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? 0) 0 ow 0 ow ow I7 p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? IX. LANDUSE AND PLANNING - Would the project: 0 ow clw o a) Physically divide an established community? 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? 0 0 c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 0 ow X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? 0 OD0 0 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? CI ow XI. NOISE - Would the project result in: a) 0 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? 0 ow o b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? 0 0 c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 12 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 0 nw 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 aqort or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 0 ow f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING - Would the project: 0 0 ow 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 ow Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? 0. 0 OH 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 si,gificant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? XIV. RECREATION a) W-ould 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? 0 LI 0 0 0 0 c1 CI 13 Rev. 07101l02 Issues (and Supporting Information Sources). b) 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/TRAI?FIC - 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 parlung capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? 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 which 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 resomces, or are new or expanded entitlements needed? Potentially Significant Impact 0 0 0 0 El 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated I3 0 0' 0 0 0 0 0 0 0 cl Less Than Significant Impact 0 IXI CI 0 0 0 0 0 0 0 0 No Impact lxl 0 ixl IXI ixl Ixl IXI IXI Ixl Ixi E El 14 Rev. 07l03102 Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 0 0 ow e) Result in a determination by the wastewater treatment provider, whch 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? o 0 ow 0 ow f) g) XVII. MANDATORY FINDINGS OF SIGNIFICANCE 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, ca&e 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 prehistory? 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?) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? 0 ow (7 ow 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. 15 Rev. 07lO3102 DISCUSSION OF ENVIRONMENTAL EVALUATION AESTHETICS No Impact. The project is not located wihn a significant view shed. The project is designed to incorporate landscaping of manufactured slopes, top of slope setbacks, building setbacks, and interesting architecture and building masses to reduce visual impacts. The project is preserving a significant portion of the canyon as open space. AGRICULTURAL RESOURCES No Impact. The project will impact farmland of statewide importance as identified in the Zone 20 EIR. The project will mitigate the impact by the payment of an agricultural mitigation fee for the conversion of agricultural lands to non-agricultural uses for each acre converted pursuant to the Local Coastal Program and the mitigation measures I that were adopted with the EIR for the Zone 20 Specific Plan. No Williamson Act lands exist on the site. AIR QUALITY-Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project site is located in the San Diego Air Basin which is a federal and state non-attainment area for ozone (03), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter (PMIo). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothdl areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans fiom all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attaiiment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: 0 Is a regional air quality plan being implemented in the project area? Is the project consistent with the growth assumptions in the regional air quality plan'? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is cousistent with the growth assumptions of the City's General Plan and the RAQS. Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. The closest air quality monitoring station to the project site is in rhe Citji of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality 16 Rev. 07/03/02 violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal %hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15 130 (a)(4), the proposed project’s contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. d) Expose sensitive receptors to substantial pollutant concentrations? No Impact. As noted above, the proposed project would not result in substantial pollutant emissions or concentrations. In addtion, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) Create objectionable odors affecting a substantial number of people? No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. BIOLOGICAL RESOURCES No Impact. The project does not impact any of the sensitive habitats or species found on the site. The project preserves the existing 7.58 ac. of Coastal Sage Scrub 1.49 ac. Southern Maritime Chaparral, .67 ac. Southern Willow Scrub, and .60 ac of wetland mderal vegetation. Wart-stemmed Ceanothus and Ashy spdce-moss was also found on site and are not being disturbed. A protocol Coastal California Gnatcatcher survey identified thee pair of birds in areas not proposed for development. The project is in conformance with the City of Carlsbad Draft Habitat Management Plan. The site was previously entitled for a residential subdivision which also established a “hardline preserve boundary”, which the current project follows. The site is identified as Figure 38, Promenade, in the second addendum of the Habitat Management Plan, June 2003. In accordance with the City’s HMP, open spaces areas which are conserved or created as mitigation for project impacts (both on-site and off-site) will be professionally managed by an appropriate land management entity and maintained with adequate hinds. CULTURAL RESOURCES No Impact. The Zone 20 EIR does not identify the project site as a potentially significant culturai resource site Less Than Significant Impact. The site has the potential to produce fossil resources that would be a significant impact. Implementation of the mitigation measures listed below would reduce the impacts to a level of insignificance. GEOLOGY AND SOILS No Impact. A geotechnical study prepared for the site does not identify any significant geological hazards or geotechnical issues that would preclude development of the site. 17 Rev. 07lO3102 . 30 HAZARDS AND HAZARDOUS MATERIALS No Impact. Project site does not contain any significant hazardous material as identified in the Phase 1 environmental assessment report. The proposed church project does not include the use of hazardous materials and is not within the Palomar Airport Land Use Plan area. HYDROLOGY AND WATER QUALITY No Impact. The project will rely on an existing public storm drain system and is subject to City standards regarding water quality, drainage and erosion control, including storm water permit (NPDES) requirements and best management practices. The project is conltioned to require a Storm Water Management Plan (SWMP) that will ensure that it is designed and constructed in compliance with the City’s NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board and the San Diego NPDES Municipal Storm Water Permit issued to San Diego County and Cities by the California Regional Water Quality Control Board. No wells or deep excavation are proposed therefore no impacts to groundwater supplies, recharge, or quality will occur. The project site is not located within the 100-year floodplain nor is it subject to flooding, seiches, tsunamis, or mudslides. The project site is not located adjacent to any body of water. Drainage from the site is subject to the City’s drainage and storm water pollution control standards (NPDES and best management practices), which ensure that sediment and pollutants from any development of the site will not discharge into any downstream receiving surface waters. Also, the City’s drainage and storm water pollution control standards ensure that development does not reduce water quality of any marine, fiesh or wetland waters or groundwater. The project is designed to drain into an existing natural drainage courses and existing storm drains, and the project will be conditioned to prepare a Storm Water Management Plan (SWMP) to ensure that City standards are met. LANDUSE AND PLANNING No Impact. The church is a use that is allowed in residential zone subject to the approval of a Conditional Use Permit. Two major arterial roadways, Aviara Parkway and Poinsettia Lane, separate the project site form the adjacent residential land uses. The project is also separated from existing adjacent residential land uses by open space. The church buildings are further buffered by the perimeter parlung lot for the church. An SDG&E transmission line easement is on the easterly side of the site and acts as a habitat corridor and buffer to fhre residential development to the east. The Zone 20 specific plan allows residential or commercial on this site. The project is in conformance with the Habitat Management Plan by developing outside the hardlined open space established for the property. MINERAL RESOURCES No Impact - According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992, the project site does not contain any mineral resources; therefore, the project will not result in the loss of availability of a know mineral resource or mineral resource recovery site. A survey for oil and gas wells did not identify any on the subject property based on information provided to the City by the Department of Conservation, Division of Oil, Gas and Geothermal Resources. NOISE No Impact - The project complies with the Noise Guidelines Manual for interior noise levels. In adhtion, the project will not impact adjacent residential uses due to the distance between the church and associated uses and the residential developments. PQPULATION AND HOUSING No Impact. The proposed project does not involve the construction, displacement, or removal of housing and does not produce any increases in population. No housing exists on site nor uses the property for access. The proposed church project is not subject to the City’s Inclusionary Housing program. Therefore, the proposed project will not cause any significant adverse impacts to population and housing. PUBLIC SERVICES 18 Rev. 07/03/02 No Impact. The project site is located within Local Facilities Management Zone (LFMZ) 20. The provision of public facilities within LFMZ 20, including fue protection, parks, libraries and other public facilities, h& been planned to accommodate the projected growth of that area. Because the project will not exceed the total growth projections anticipated within LFMZ 20, all public facilities will be adequate to serve residential development on the site. Therefore, the project will not result in substantial adverse impacts to or result in the need for additional government facilities. RECREATION As part of the City’s Growth Management Program (GMP), a performance standard for parks was adopted. The park performance standard requires that 3 acres of Community Park and Special Use Area per 1,000 population withm a park district (quadrant) must be provided. The project site is located within Park District #3 (Southwest Quadrant). The necessary park acreage to achieve the GMP standard (3 acres/1,000 population) for Park District #3 has been achieved; therefore recreational facilities are adequate to accommodate the project. TR4NSPORTATION/TfWFFIC-Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system? Less Than Significant Impact. The project will generate 1,200 weekday Average Daily Trips (ADT) and 153 AM and 159 PM peak hour trips. This traffic will utilize the following roadways Aviara Parkway and Poinsettia Lane, both major arterials. Existing traffic on these arterials are 4,972 ADT (2004) for Aviara Parkway and 10, 524 ADT for Poinsettia Ln (2003) and the 2004 peak hour level of service (LOS) at the arterial intersections impacted by the project is LOS A. The design capacities of the arterial roads affected by the proposed project are 20,000 to 40,000 vehicles per day. The project traffic would represent 6% and 11% of the existing traffic volume and the design capacity respectively. While the increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. The proposed project would not, therefore, cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. The impacts from the proposed project are, therefore, less than significant. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two hghway segments in Carlsbad as part of the regional circulation system. The Existing and Buildout average daily traffic (ADT) and Existing LOS on these designated roads and hghways in Carlsbad is: Rancho Santa Fe Road El Camino Real Palomar Airport Road ’’ SR78 1-5 Existing ADT” Los Buildout ADT* 17-35 “A-D” 35-56 27-49 “A-C” 33-62 10-57 ‘‘A-D” 30-73 124-142 “F’ 156-180 199-2 16 “D” 260-272 *The numbers are in thousands of daily trips. The Congestion Management Program’s (CMP) acceptable Level of Service (LOS) standard is “E”, or LOS “F” if that was the LOS in the 1990 base year (e.g., SR 75 in Carlsbad was LOS “F” in 1990). Accordingly, all designated roads and highways are currently operating at or better than the acceptable standard LOS. Note that the buildout ADT projections are based on the f~dl implementation of the region’s general and community plans. The proposed project is consistent with the general plan and, therefore, its traffic was used in modeling the buildout projections. Achievement of the CMP acceptable Level of Service (LOS) “E” standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highways and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short- term and at buildout. 19 Rev. 07103l02 c) 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? No Impact. The proposed project does not include any aviation components. The project is consistent with the Comprehensive Land Use Plan for the McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) ’ Substintially increase hazards due to a design feature or incompatible uses? No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City’s general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) Result in inadequate emergency access? No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. f) Result in inadequate parking capacity? No Impact. The proposed project is not requesting a parkmg variance. Additionally, the project would comply with the City’s parking requirements to ensure an adequate parkmg supply. No impact assessed. g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks, etc.)? No Impact. The project is located along major circulation roadways conducive to public transportation. The project has also been condition to install bike racks to support alternative transportation. UTILITIES AND SERVICES SYSTEMS No Impact. The project site is located within Local Facilities Management Zone (LFMZ) 20 which is served by the Encina wastewater treatment facility. Wastewater treatment capacity has been planned to accommodate the projected growth of Zone 20. Because the project will not exceed the total growth projections anticipated withn LFMZ 20, wastewater treatment capacity will be adequate to serve the proposed use on the site. Therefore, the project will not result in substantial adverse impacts to or result in the need for additional wastewater treatment facilities. All public facilities, including water facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. The proposed church project will not result in growth that exceeds the City’s growth projections. Existing waste disposal services contracted by the City of Carlsbad are adequate to serve the proposed use without exceeding landfill capacities. MANDATORY FINDINGS OF SIGNIFICANCE The project will not degrade the quality of the physical environment in that the site is currently disturbed by previous apricultural uses. There are no historic structures on the site. Less than Significant Impact - San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local general plan land use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc, are established to reduce the cumulative impacts of development in the region. All of the City’s development standards and regulations are consistent with the region- wide standards. The City’s standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards. ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As discussed above, the proposed development would represent a contribution to a cuniulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with church use would be minimal. 20 Rev. 071031‘02 33 Given the limited emissions potentially associated with a church use of the site, air quality would be essentially the same whether or not the development is implemented. Therefore, the impact is assessed as less than significant. Also, as discussed above, the County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA has determined, based on the City’s growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The project is consistent’with the City’s growth projections, and therefore, the cumulative impact from the project to the regional circulation system is less than significant. With regard to any other potential impact associated with the project, City standards and regulations will ensure that proposed church use of the site will not result in a significant cumulative considerable impact. Development of the site will comply with City development standards designed to avoid substantial adverse environmental effects to existing and future residential dwelling units, EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of ths project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. Final Promam Environmental Impact Report for the Zone 20 Specific Plan Project, Carlsbad, California, Brian F. Mooney Associates, dated June 1992. Phase 1 Environmental Site Assessment Updated Report for the Proposed Carlsbad Promenade Residential Development at the intersection of Aviara Parkwav and Poinsettia Lane, Carlsbad. California, Gradient Engineers, Inc. dated February 12,2001 Biolo.eica1 Resources Assessment for Carlsbad Promenade, Planning Systems, dated October 3 1, 2001. Protocol coastal California Gnatcatcher survey on Carlsbad Promenade, San Dieso Counti, California Lincer & Associates, May 2, 2001 City of Carlsbad Geotechnical Hazards Analysis and Mappine; Study, November 1992 Transportation Analysis for North Coast Calvary Chapel in Carlsbad, Urban Systems Associates, Inc. January 28,2004 Updated Geotechnical evaluahon, Proposed North Coast Calvary Chapel, Leighton and Associates, Inc, January 27, 2004 Preliminary Drainage Studv for Calvarv ChaDel, O’Day Consultants, January 12,2004. Correspondence from Mestre Greve and Associates, Acoustical en.eineer, dated September 8,2004. 21 Rev. 07103102 34 LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. Prior to the issuance of the grachng permit, the developer shall present a letter to the City of Carlsbad inchcating that a qualified paleontologist has been retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques. A qualified paleontologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. A paleontological monitor shall be on-site at all times during the original cutting of previously undistributed soils to inspect cuts for contained fossils. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) 0 When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily duect, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary in certain instances, to set up a screen- washing operation on the site. Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned, repaired, sorted, and cataloged. 0 Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be made available to the scientific community or shall be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum. Donations of the fossils shall be accompanied by financial support for initial specimen storage. A final summary report shall be completed that outlines the results of the mitigation program and submitted to the City of Carlsbad Planning Department. Ths report shall include discussions of the methods used, stratigraphic sections(s) exposed, fossils collected, and significance of recovered fossils. 22 Rev. 07103102 33’ APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Rev. 07103’02 ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 1 of 2 w a a a n n a I- 1 > 2 37 c ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 2 of 2 38 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. 5785 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: NORTH COAST CALVARY CHAPEL CASE NO: GPA 04-1 6 WHEREAS, North Coast Calvary Chapel, a California Non-Profit Corporation, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as The Northwest Quarter of the Southwest Quarter of the Southwest Quarter together with the South Half of the Southwest Quarter of the Southwest Quarter both of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, together with Lot 1 of Carlsbad Tract No. 91- 12, according to the Map thereof No. 13394, recorded January 24, 1997 in the office of the County Recorder of San Diego County, all 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 04-16” dated November 17, 2004, attached hereto and on file in the Carlsbad Planning Department NORTH COAST CALVARY CHAPEL - GPA 04-16 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 17th day of November 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, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. 39 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 GPA 04-16, based on the following findings: RECOMMENDS APPROVAL of NORTH COAST CALVARY CHAPEL - Findings: 1. The Planning Commission finds that the project is in conformance with the elements of the City’s General Plan based on the facts set forth in the staff report dated November 17,2004 including but not limited to the following: that the proposed Open Space land use is compatible with the surrounding land uses in that the adjacent land uses are designated Residential Low Medium and Open Space; that the land use change is based on the environmental constraints of the property and is environmentally and topographically appropriate for the site in that the habitat buffer, upland slope, and riparian habitat areas are proposed to be designated as Open Space; that the proposed Open Space areas are consistent with the proposed hard line conservation areas contained within the draft Habitat Management Plan, Addendum 11, Figure 38. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ZC 04-12, and LCPA 04-12 and is subject to all conditions contained in Planning Commission Resolutions No. 5784, 5786 and 5787 for those other approvals incorporated herein by reference. ... ... ... ... PC RES0 NO. 5785 -2- 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 17th day of November 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: ATTEST: MICHAEL J. HOLZMILLER v - Planning Director PC RES0 NO. 5785 -3 - GPA 04-1 6 - North Coast Calvary Chapel November 17,2004 Property A. 21 4-550-01 6.21 5-070-1 3 C 315-070-36 rielated Case File No(s): ZC 04-1 2/LCPA 04-1 2/SDP 04-O2/CUP 04-05/HDP 04- I From: To: RLM RLM/OS RLM RLM/OS RLM RLM/OS D. I 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. 5786 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM RESIDENTIAL QUALIFIED OVERLAY ZONE TO OPEN SPACE ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: SINGLE-FAMILY, 7,500 SQUARE FOOT LOT SIZE, NORTH COAST CALVARY CHAPEL CASE NO: ZC 04-12 WHEREAS, North Coast Calvary Chapel, a California Non-Profit Corporation, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as The Northwest Quarter of the Southwest Quarter of the Southwest Quarter together with the South Half of the Southwest Quarter of the Southwest Quarter both of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, together with Lot 1 of Carlsbad Tract No. 91- 12, according to the Map thereof No. 13394, recorded January 24, 1997 in the office of the County Recorder of San Diego County, all in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit “ZC 04-12” dated November 17, 2004, attached hereto and on file in the Planning Department, NORTH COAST CALVARY CHAPEL - ZC 04-12 as provided by Chapter 2 1.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 17th day of November, 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, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change; and 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 as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission ZC 04-12 based on the following findings: RECOMMENDS APPROVAL of NORTH COAST CALVARY CHAPEL - Findings: 1. That the proposed Zone Change from Residential Single-Family, 7,500 square foot lot size minimum - Qualified Overlay Zone to Open Space is consistent with the goals and policies of the various elements of the General Plan, in that that the proposed Open Space land use is compatible with the surrounding land uses in that the adjacent land uses are designated Residential Low Medium and Open Space; that the land use change is based on the environmental constraints of the property and is environmentally and topographically appropriate for the site in that the habitat buffer, upland slope, and riparian habitat areas are proposed to be designated as Open Space. 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the Open Space zoning designation, as shown on Exhibit “ZC 04- 12,” implements the proposed Open Space General Plan Land Use designation as shown on Exhibit “GPA 04-16.” 3. That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that the property is constrained by slopes and sensitive habitat and the Open Space designation preserves the property in its natural state; that the designation will be consistent with the proposed Open Space land use designation and is compatible with the surrounding properties; and that the open space is contiguous to other open space parcels. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 04-16, and LCPA 04-12 and is subject to all conditions contained in Planning Commission Resolutions No. 5784, 5785 and 5787 for those other approvals incorporated herein by reference. ... ... PC RES0 NO. 5786 -2- 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 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 17th day of November 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall &&e--- :-/*FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: n MICHAEL J. HOLZMILKER Planning Director PC RES0 NO. 5786 -i -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 PLANNING COMMISSION RESOLUTION NO. 5787 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO BRING THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND ZONING MAP INTO CONFORMANCE ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF ‘POINSETTIA LANE AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: NORTH COAST CALVARY CHAPEL CASE NO: LCPA 04- 12 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, North Coast Calvary Chapel, a California Non-Profit Corporation, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as The Northwest Quarter of the Southwest Quarter of the Southwest Quarter together with the South Half of the Southwest Quarter of the Southwest Quarter both of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, together with Lot 1 of Carlsbad Tract No. 91- 12, according to the Map thereof No. 13394, recorded January 24, 1997 in the office of the County Recorder of San Diego County, all 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 Exhibits “LCPA 04-12 - Land Use” and “LCPA 04-12 Zoning” dated November 17, 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Planning Commission did on the 17th day of November 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, 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 September 9th, 2004 and ending on October 21st, 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 LCPA 04-12 based on the following findings, and subject to the following RECOMMENDS APPROVAL of NORTH COAST CALVARY CHAPEL - conditions : Findings: 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 proposed Open Space zoning is consistent with the proposed Open Space General Plan Land Use designation; the project preserves natural habitats and steep slopes; and the project is required to provide drainage and erosion control measures. 2. That the proposed amendment to the Mello I1 segment of the Carlsbad Local Coastal Program is required to bring it into consistency with the City’s General Plan Land Use Map, Open Space and Conservation Map, Zoning Map (as amended), and Mello I1 Implementation (the zoning map) into conformance. ... ... PC RES0 NO. 5787 -2- 41 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 to the Planning Commission of the City of Carlsbad, held on the 17th day of November 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: ’ CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER Planning Director PC RESO NO. 5787 -3- LCPA 04-12 - North Coast Calvary Chapel LAND USE Property From: A. 21 4-550-01 RLM B. 21 5-070-1 3 RLM C. 21 5-070-36 RLM D. November 17,2004 To: RLM/OS RLM/OS RLM/OS LCPA 04-12 0 North Coast Calvary Chapel ZONING Property A. 21 4-550-01 B. 21 5-070-1 3 C. 21 5-070-36 n November 17,2004 From: To: R-1 -Q R-1 -Q/OS R-1 -Q R-1 -Q/OS R-1 -Q R-1 -Q/OS Related Case File No(s): GPA 04-16/ZC 04-12/SDP 04-02/CUP 04-051HDP 04- LCP Map Designation Change Ol/CDP 04-03 I I Attach additional'pages if necessary I clb, city of Carlsbad Planning Departmen ? A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: November 17,2004 EXHIBIT 5 Project Planner: Van Lynch Project Engineer: David Rick Item NO. @ I I Application complete date: March 1, 2004 SUBJECT: GPA 04-1 61ZC 04-1 2LCPA 04-12/SDP 04-02/CUP 04-05/HDP 04-01/CDP 04- 03 - NORTH COAST CALVARY CHAPEL - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and recommendation of approval of a General Plan Amendment, a Zone Change and a Local Coastal Program Amendment to redesignate and rezone the undeveloped portions of the property to open space, and approval of a Site Development Plan, Conditional Use Permit, Hillside Development Permit, and Coastal Development Permit for the development of 26.94 acres into a church campus located on the northeast comer of Poinsettia Lane and Aviara Parkway in Local Facilities Management Zone 20. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5784, 5785, 5786, and 5787 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and RECOMMENDING APPROVAL of a General Plan Amendment GPA 04-16, Zone Change ZC 04-12, Local Coastal Program Amendment LCPA 04-12, and ADOPT Planning Commission Resolutions No. 5788, 5789, 5790 and 5791 APPROVING Site Development Plan SDP 04-02, Conditional Use Permit CUP 04-05, Hillside Development Pennit HDP 04-01, and Coastal Development Permit CDP 04-03, based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The proposed project is a Site Development Plan (SDP), Conditional Use Permit (CUP), Coastal Development Permit (CDP), and Hillside Development Permit (HDP) to develop the 26.94-acre parcel of land located on the northeast comer of Poinsettia Lane and Aviara Parkway into a church campus. In addition, this project includes a General Plan Amendment (GPA), Zone Change (ZC) and Local Coastal Program Amendment (LCPA) to change the land use, zoning and Local Coastal Program land use designation from R-1-7,500-Q to Open Space on the undeveloped portions of the property. The open space would be preserved as a habitat preserve area consistent with the City’s Habitat Management Plan (HMP) and Mello 11 Local Coastal Program. As designed and conditioned, the project is consistent with all applicable standards and policies and the necessary findings to approve the project can be made. GPA 04- 16/ZC 04- 12/LCP 12/SDP 04-02/CUP 04-05/HDP 04-03 - NORTH COAST CALVARY CHAPEL November 17,2004 111. PROJECT DESCRIPTION AND BACKGROUND The 26.94-acre project site is located on the northeast comer of Poinsettia Lane and Aviara Parkway within the Zone 20 Specific Plan and Local Facilities Management Zone 20. It is bordered to the north by the Cherry Tree Walk and Roesch residential developments, to the east by vacant (fallow) agricultural land, to the south by Poinsettia Lane and the Aviara development, and Aviara Parkway to the west. An SDG&E overhead power transmission line passes through the eastern portion of the property. The southern half of the property has been used for agricultural purposes in the past and is now fallow. It is on this portion of the site that a church campus development is proposed. The remaining north half of the site includes steep slopes and native vegetation that will not be disturbed. Specifically the northern portion of the site, and some remnant portions contain sensitive habitats of Coastal Sage Scrub, Southern Maritime Chaparral, and Southern Willow Scrub (9.74 acres) and are proposed to remain in open space. The remnant parcels are located on the south side of Poinsettia Lane (5.1 acres) and on the west side of Aviara Parkway (.73 acre). Overall, 13.84 acres of the 26.94-acre site is proposed as open space. The project includes a request for a GPA, ZC and LCPA to change the Residential land use and zoning designation of the undeveloped property to Open Space to implement the HMP and for land use and zoning consistency. The project applicants are requesting approval of an SDP, CUP, HDP and CDP for the development of a 13.1-acre church campus. The campus is designed with four separate structures located in the center of the developable portion of the site. Plazas and courtyards separate the buildings internally. Driveways and parking will surround the buildings. The southerly and westerly parking areas will be at the same level (or grade) as the buildings. The northerly parking area will be 10 feet lower than the level of the buildings. The grade difference is to allow the northerly parking area to be covered with a parking deck during the second expansion phase. The parking deck would be at grade with the buildings and plazas. Access to the property will be via a right-in/right-out only on Poinsettia Lane and at a signalized intersection at Aviara Parkway and Camino De Las Ondas. The entrance at Camino De Las Ondas will tum southerly and parallel Aviara Parkway. This access will gently climb following the natural slope of the property up to the level of the campus plaza level, about twenty feet higher than Aviara Parkway and at the existing grade of the site. Another access way is proposed off Aviara Parkway between Poinsettia Lane and Camino De Las Ondas. This right irdright-out drive will pass under the access way from Camino De Las Ondas to a parking area northerly and roughly ten feet lower than the plaza level of the campus. Pedestrian access to the plaza will be at grade from the westerly and southerly parking areas and via a stairway from the parking area to the north. The project will be built in two phases. The first phase includes the multi-purpose building/family center, preschool, chapel and youth buildings. The multi-purpose building/family center will be approximately 52,398 square feet and be located on the northern end of the site with the main foyer toward the central courtyard. The seating capacity for this building will be 1,800 persons. The building will be two stones and will include a basement and mezzanine. Other uses of the multi-purpose building/fmily center may include dining, sports, GPA 04- 16/ZC 04- 12/SDP 04-02/CUP 04-05/HDP 04-03 - NORTH COAST CALVARY CHAPEL November 17,2004 Page 3 adult education, administrative offices, facilities management and a nursery. An approximately 19,244 square foot, two-story preschool will be built on the eastern side of the property and will accommodate approximately 150 students. The preschool will operate Monday through Friday. The preschool building will also be used to accommodate Sunday school classes on the weekends. During Sunday school classes, students with special needs as well as those in kindergarten, first and second grades will be taught on the first floor. Students in grades three through six will utilize the classroom space on the second floor of the preschool building. On the southern end of the site, an approximately 5,286 square foot two-story chapel building will be built. The chapel building will also accommodate adult education classrooms, library, and bookstore/coffee shop. The bookstore/coffee shop will be open to church members while they are on site for various activities. A youth building will be built on the west side of the site. This approximately 13,875 square foot building will be utilized for junior high, high school and college student’s religious education. The majority of uses will occur on weekends and in the evenings when religious services are conducted. The preschool will operate weekdays as will the church administration. The chapel will seat approximately 288 people. Phase two of the project will include an approximately 7,770 square foot addition to the multi- purpose building/family center which will be a gymnasium for sports activities. Approximately 804 square feet will be added on to the preschool, and 13,025 square feet added to the chapel, which will provide more preschool and adult education classroom space. Respectfully, an additional second level parking deck will be added to provide additional parking for the increase in building areas. The second level would be level with the main plaza and located on the northerly portion of the site and will be accessed via an at grade drive from the Camino De Las Ondas entrance and a vehicular ramp on the easterly end, adjacent to the preschool. The architecture of the campus, as shown on the project exhibits, is Tuscan. The project proposes a variety of building sizes and masses, ranging from 13,875 square feet for the youth building to 60,168 square feet for the Multi-purpose building at buildout. The total (phase one and two) building square footage is 112,402 square feet. The buildings have a variety of architectural building planes, building angles, roof heights and pitches. The maximum building height is 35 feet. Three architectural towers accent the campus and provide additional visual relief and add to the Tuscan style. The towers are 48 and 53 feet tall. Building materials consist of clay tile roofs, painted stucco walls, use of brick and stone veneers, and wood trellis and accent features. Hardscape improvements consists of enhanced pavement for vehicular entrances/exits and enhanced pedestrian courtyards and plazas with pavement treatment, fountains and landscaping. A public trail (segment number 30 of the Open Space and Conservation Resource Management plan) is proposed within the SDG&E easement as part of the citywide trail system. The project is also concurrently processing a tentative parcel map to create three lots. These lots are the open space and remnant lots as a result of Poinsettia Lane and Aviara Parkway intersecting the subject property. The Public Works Director will act on the map subsequent to the projects approval. The Tentative Parcel Map exhibits are attached for informational purposes only. 53 GPA 04- 16/ZC 04- 12/SDP 04-02/CUP 04-05/HDP 04- b l/CDP 04-03 - NORTH COAST CALVARY CHAPEL November 17,2004 This project will replace the previously approved 32 unit residential subdivision, Carlsbad Promenade, CT 00-1 9, approved by the City Council on February 19,2002. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. B. C. D. E. F. G. H. I. Residential Low-Medium Density (RLM) General Plan Land Use Designation; Zone 20 Specific Plan (SP 203); R- 1-7300, Qualified Development Overlay Zone (R- 1-7,500-4) Zone Regulation; Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); Mello I1 Segment of the Local Coastal Program, the Coastal Agriculture Overlay Zone, and the Coastal Resource Protection Overlay Zone; Hillside Development Regulations (Carlsbad Municipal Code Chapter 2 1.95); CUP and SDP findings (Carlsbad Municipal Code Chapter 2 1.06 and 2 1.42); Draft Habitat Management Plan; and Growth Management Regulations (Local Facilities Management Zone 20). The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The General Plan and Local Coastal Program designation for the project site is Residential Low- Medium (RLM). The surrounding properties in Zone 20 are General Plan designated EM. This designation allows single-family residential development at a range of 0-4 dwelling units per acre (du/ac). The RLM range has a Growth Control Point of 3.2 ddac. The project would put 32 units into the excess dwelling unit bank, as the previously approved residential project would not be constructed. The project proposes to General Plan Land Use designate Lots 1 and 3 as Open Space. These lots are constrained by steep slope areas and natural habitat areas containing sensitive plant species. Lot 1 is located on the northerly portion of the site and Lot 3 is located on the southerly portion, south of Poinsettia Lane. The project complies with all elements of the General Plan as illustrated in Table A below: ELEMENT Land Use t Table A - GENERAL PLAN COMPLIANCE PROPOSED USES & I COMPLY? I USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Provide for a diversity of land uses so that churches are available to residents in Carlsbad IMPROVEMENTS Church GPA 04-16/ZC 04-02/CUP 04-05/HDP 04- 04-03 -NORTH PROPOSED USES & IMPROVEMENTS COAST CALVARY CHAPEL November 17,2004 COMPLY? Page 5 Housing Table A - GENERAL PLAN ELEMENT I USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Housing units being added to the “bank” to potentially be used for affordable housing uroi ects Open Space & Conservation Utilize Best Management Practices for control of storm water and to protect water aualitv Noise I STANDARD [ REQUIRED Non-Residential exterior noise standard of 65 CNEL and interior noise standard of 45 CNEL PROPOSED R-1-7,500-Q (existing) and Circulation Require new development to construct roadway improvements needed to serve proposed B. Zone 20 Specific Plan (SP 203) Local Coastal Plan Grading Open Space Grading limitation included as Grading prohibited between 32 residential units deposited into the “bank” - Requirements LCP Agricultural Conversion Yes Oct. 1 and April 1 Three conversion options CDP condition Payment of Agricultural permitted Conversion Miti g ation Fee Project will conform to all NPDES requirements and designate sensitive lands as onen mace Project site is not impacted by potential noise generating sources such as Poinsettia Lane and Palomar Airport or cause significant noise imuac t s Project will construct public street frontage improvements to both sides of Poinsettia Lane through the property Yes Yes Yes The project is within an area subject to the Zone 20 Specific Plan. The Zone 20 Specific Plan provides a framework for the development of the vacant properties within Zone 20 to ensure the logical and efficient provision of public facilities and community amenities for the future residents of Zone 20. The project site is land use designated for Residential Low-Medium density and is also located within one of the two Commercial Overlay Designator Areas identified in the Specific Plan. The overlay would allow for development of commercial uses and those uses would be determined to be permitted uses. The church is an allowed use in all zones with a Conditional Use Permit. The project complies with the following requirements of the Specific Plan as demonstrated in Table B below. Table B: ZONE 20 SPECIFIC PLAN REQUIREMENTS i I Required Zoning I R-1-7,500 0 GPA 04- 1 6/ZC 04- 12/LCPA 04- 12/SDP 04-02/CUP 04-05/HDP 04-03 - NORTH STANDARD REQUIRED Dedications All required land or easements shall be dedicated to the City COAST CALVARY CHAPEL November 17,2004 PROPOSED Street right-of-way and easement dedications Dronosed Page 6 Trail System Construct required trails identified on the citywide plan Project provides for trail within SDG&E easement C. R-1-7,500-Q Regulation The project site is currently zoned Residential Single-Family, 7,500 square foot minimum - Qualified overlay zone (R-1-7,5OO-Q). The Zone Change proposes to rezone the open space portions of the project (Lots 1 and 3) to Open Space (OS), consistent with the General Plan Open Space land use designation. The developable portion of the property will remain as currently zoned (R-1-7,500-Q). The proposed project is subject to the setback, lot coverage and building height limits of the zone and the Zone 20 Specific Plan. The standards and the project’s compliance with the standards are illustrated in Table C, below. Table C - R-1 DEVELOPMENT STANDARDS The project site is designated with a Qualified Development Overlay and is subject to the regulations of Chapter 2 1.06, Qualified Development Overlay Zone, of the Zoning Ordinance. While there are no specific development standards contained in the Q-Overlay, there is a requirement for approval of an SDP prior to issuance of building permits. By processing this SDP, the applicant is complying with the provisions of the Q-Overlay. D. Subdivision Ordinance The Engineering Department has received an application for a tentative parcel map. The map is administrative and will be acted upon by the Public Works Director subsequent to the project’s approval. A draft of the conditional approval is attached for reference and will be presented to the City Engineer upon approval of the project before the Commissioner. 0 GPA 04-1 6/ZC 04- 12/LCPA 04- 12/SDP 04-02/CUP 04-05/HDP 04-03 - NORTH COAST CALVARY CHAPEL November 17,2004 The grading for the project includes 53,400 cu. yds. of cut, 40,700 cu. yds. of fill and 12,700 cu. yds. of export. The developer will be required to offer various dedications (e.g., drainage easements, public trail, and street right-of-way) and will be required to install street and utility improvements, including but not limited to, a traffic signal at Camino de Las Ondas, curbs, gutters, sidewalks, sewer facilities, drainage facilities, fire hydrants, and street lights. Consistent with National Pollutant Discharge Elimination System (NPDES) requirements, a detention basin on the northerly portion of the site is proposed to attenuate runoff and erosion and improve water quality. E. Local Coastal Program The project site is located within Site ID of the Mello II Segment of the Local Coastal Program and therefore requires a CDP. Development of the project site is also subject to, and consistent with, the requirements of the Coastal Agriculture Overlay Zone and the Coastal Resource Protection Overlay Zone. One of the primary requirements of the applicable coastal regulations pertains to the conversion of agricultural land to urban use. The project has been conditioned to ensure the payment of an agricultural conversion mitigation fee, which will mitigate the loss of agricultural resources by preserving or enhancing other important coastal resources. The winter grading restrictions that apply in the coastal zone are proposed as conditions of the CDP. The project site does have sensitive coastal resources in the form of slopes equal to or greater than 25% and native vegetation, including Diegan Coastal Sage Scrub, Southern Maritime Chaparral, and Southern Willow Scrub, which are not being disturbed by the project. The proposed fire suppression zones do not impact native habitats as well. The project site is located 1 .O mile from the coastline and does not impact shoreline access, recreational opportunities, scenic or visual resources. All undeveloped slopes and open space areas will be placed in open space easements as a condition of approval. The Local Coastal Program Amendment (LCPA) is required to implement the proposed land use and zone change from Residential to Open Space. No comments were received during the required six-week LCPA public notice. F. Hillside Development Regulations The project site contains slopes over 15% and slope elevation differences greater than 15 feet. With the exception of a small area in the eastern portion of the site, the slopes are located in the proposed open space areas or remnant parcels and are to remain undeveloped. The portion of the site to be developed is predominantly flat. The one slope area that will be developed is an average of 20 feet tall with the highest point being 25 feet. The slope runs into the previously graded slopes for Poinsettia Lane. Although the slope area is greater than 10,000 square feet in area, it is not a significant or prominent landform feature and is therefore considered developable per section 21.95.120B)(l)(d) of the Hillside Development Regulations. The slope is covered with non-native grassland and does not contain any significant or sensitive vegetation. The areas on both sides of the slope have been disturbed by roadway construction and agricultural practices. 57 0 0 GPA 04- 1 6/ZC 04- 12LCPA 04- 12/SDP 04-02/CuP 04-05/HDP 04-01/CDP 04-03 - NORTH COAST CALVARY CHAPEL November 17,2004 The project complies with the Hillside Development regulations in that the volume of grading is 4,076 cubic yards per acre, which is within the acceptable range of zero to 7,999 cubic yards per acre. None of the manufactured slopes exceed the 40-foot maximum. The existing slopes along the roadway are 2:l. All new manufactured slopes are to be landscaped. The proposed second level deck of the parking structure is the only structure near the top of a natural slope and maintains the required 0.7: 1 top of slope setback. G. Conditional Use Permit and Site Development Plan findings This section will discuss the required findings to be made for the approval of the CUP and SDP. Many of the findings are similar for both permit types and redundant findings have been eliminated here. The CUP and SDP require: 1. 2. 3. 4. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and obiectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located. The church provides worship and childcare services to the residents of the community. Although the site is zoned and land use designated for Residential development, it is separated from existing residential development by circulation element roadways and open space. Poinsettia Lane and open space separate the use from the properties to the south. Aviara Parkway and open space separate the use from the existing residential to the north and west. An SDG&E easement separates the project site from the undeveloped property to the east. Because of this separation, the project is not expected to have detrimental effects regarding light, noise and/or physical location related to residential uses. That the requested use is properly related to the site, surroundings and environmental settings, - ,will not be detrimental to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation. The church and daycare are being developed on the portion of the property previously used for agricultural uses and preserves the entire natural habitat of the site. The project is accessed from Poinsettia Lane and Aviara Parkway, both major arterial roadways, with adequate capacity to serve the project, as identified in the traffic report prepared for the project. That the site for the intended use is adequate in size and shape to accommodate the use. The proposed buildings, required parking, and landscaping can fit within the boundaries of the developable portion of the property with no need to encroach into any required setbacks. The project has a building coverage of 12% when 40% is allowed and all setbacks are well above the minimum required. That all the yards, setbacks, walls, fences. landscaping, and other features necessary to adiust the requested use to existing or permitted future uses in the neighborhood will be 0 a GPA 04- 16/ZC 04- 12/LCPA 04- 12/SDP 04-02/CUP 04-05/HDP 04-01/CDP 04-03 - NORTH STANDARD IMPACTS City Administration NfA Library N/A Waste Water Treatment 6.2 EDU Parks N/A Drainage Basin D COAST CALVARY CHAPEL November 17,2004 COMPLIANCE Yes Yes Yes Yes Yes 5. G. provided and maintained. The project is completely surrounded by landscaping and open space and all of the proposed development fits within the buildable portion of the lot. No special conditions will be necessary to adjust the requested use for compatibility with existing or future uses. That the street system sewing the prouosed use is adequate to properly handle all traffic generated by the proposed use. The proposed use will generate 1,200 Average Daily Trips (ADT) which can be supported by Poinsettia Lane and Aviara Parkway. The project is accessed from Poinsettia Lane and Aviara Parkway, both major arterial roadways, with well-defined parking areas. Draft Habitat Management Plan The project site is within Linkage Area F between Cores 4 (Macario Canyon) and 8 (Batiquitos Lagoon). This linkage is a stepping-stone linkage through west-central Carlsbad containing fragmented patches of coastal sage scrub, grassland, and chaparral, but also a significant amount of existing development. The project complies with a hard-line preserve boundary as established with the previous Carlsbad Promenade Tract Map (CT 00-19) in the Draft Habitat Management Plan (see Figure 38, second addendum to the HMP). The church project maintains the same development footprint as the previously approved residential development. The proposal complies with the goal of preserving the sensitive habitats on site with no loss of Diegan Coastal Sage scrub (7.58 acres), Southern Maritime Chaparral (1.54 acres), or Southern Willow scrub (.67 acres). A total of 13.84 acres of the 26.94-acre site will be in open space. These open space areas are also contiguous with open space on adjacent properties such as Roesch to the northeast and Aviara to the south. With the exception of the existing Poinsettia Lane, the project provides continuous habitat connectivity within the linkage. The open space area located south of the project site connects to the open space of Aviara and the 150-foot wide SDG&E transmission corridor. The open space to the north connects with the canyon, native slope vegetation, and SDG&E transmission corridor that lead to the Encinas Creek. I. Growth Management The proposed project is located within Local Facilities Management Zone 20 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table D below. 59 GPA 04-1 6/ZC 04- 12LCPA 0 04- 12/SDP 04-02/CUP 04-05/HDP 04-0 ? /CDP 04-03 - NORTH STANDARD IMPACTS Circulation 1200 ADT Fire Station No. 4 COAST CALVARY CHAPEL November 17,2004 COMPLIANCE Yes Yes Page 10 Open Space Schools Sewer Collection System Water 1 3.84 acres Yes Carlsbad Unified Yes 6.2 EDU (1,364 GPD) Yes 16.900 GPD Yes The proposed project is 59 units below the Growth Management dwelling unit allowance. V. ENVIRONMENTAL REVIEW Staff has conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. Potentially significant paleontological impacts were identified. The developer has agreed to a mitigation measures to reduce the identified impact to below a level of significance in accordance with CEQA. The environmental documents were sent to the State Clearinghouse for circulation. In consideration of the foregoing, the Planning Director issued a Notice of Intent to Adopt a Mitigated Negative Declaration for the project on September 20,2004. ATTACHMENTS: 1. 2. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Planning Commission Resolution No. 5784 (Neg. Dec.) Planning Commission Resolution No. 5785 (GPA) Planning Commission Resolution No. 5786 (ZC) Planning Commission Resolution No. 5787 (LCPA) Planning Commission Resolution No. 5788 (SDP) Planning Commission Resolution No. 5789 (CUP) Planning Commission Resolution No. 5790 (HDP) Planning Commission Resolution No. 5791 (CDP) Location Map Background Data Sheet Local Facilities Impacts Assessment Form Disclosure Statement Conditional Approval Letter for Minor Subdivision 04-02 Reduced Exhibits Exhibits “A” - “QQ” dated November 17,2004 0 BACKGROUND DATA SHEET e CASE NO: CASE NAME: APPLICANT: GPA 04- 16/ZC 04- 12/LCPA 04-1 2/SDP 04-02/CUP 04-05/ HDP 04-01/CDP 04-03 NORTH COAST CALVARY CHAPEL NORTH COAST CALVARY CHAPEL - MARK FOREMAN REQUEST AND LOCATION: Church campus located on the northeasterly comer of Poinsettia Lane and Aviara Parkway. LEGAL DESCRIPTION: The Northwest Ouarter of the Southwest Ouarter of the Southwest Ouarter together with the South Half of the Southwest Ouarter of the Southwest Ouarter both of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, together with Lot 1 of Carlsbad Tract No. 91-12. according - to the Map thereof No. 13394, recorded January 24, 1997 in the office of the County Recorder of San Diego County, all in the City of Carlsbad. County of San Diego, State of California. APN: 215-070-13,26 and 214-550-01 Acres: 26.94 Proposed No. of LotsRJnits: 0 GENERAL PLAN AND ZONING Land Use Designation: Residential Low Medium (RLM) Density Allowed: 3.2 ddac Existing Zone: R-1-7,500 - 0 Surrounding Zoning, General Plan and Land Use: Density Proposed: 0 ddac Proposed Zone: R-1-7,500 - O/ODen Space Zoning Site R-1-7,500 - Q General Plan Current Land Use RLM North R-1-7,500 - 0 RLM Vacadfallow ResidentiaVOpen Space South R-1-7,500 - Q RLM Residential (SFD) ~~ East Limited ControT(LC) RLM Vacant/fallow West R-1-7,500 - Q RLM Residential (SFD) PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 100 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued September 20,2004 u 0 Other, Certified Environmental Impact Report, dated m CITY OF CARLSBAD a GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: NORTH COAST CALVARY CHAPEL - GPA 04-16/ZC 04-12LCPA 04-1 2/SDP 04-02/CUl’ 04-05/HDP 04-01/CDP 04-03 LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RLM ZONING: R-1-7,500 - 0 DEVELOPER’S NAME: NORTH COAST CALVARY CHAPEL - MARK FOREMAN ADDRESS: 71 88 Avenida Encinas, Carlsbad, CA 92009 PHONE NO.: 760-929-0029 ASSESSOR’S PARCEL NO.: 215-070-13.26 and 214-550-01 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 26.94 Ac. ESTIMATED COMPLETION DATE: ASAP A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = N/A Library: Demand in Square Footage = N/A Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = N/A Drainage: Demand in CFS = 12.74 6.2 EDU Identify Drainage Basin = D Circulation: Demand in ADT = 1200 Fire: Served by Fire Station No. = 4 Open Space: Acreage Provided = 13.84 Ac. Schools: Carlsbad Sewer: Demands in EDU 6.2 Identify Sub Basin = 20A Water: Demand in GPD = 16,900 The project is 59 units below the Growth Management Dwelling unit allowance. d DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or I c om m i tt e e. I The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Agents may sign this document; however, the 1 provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of &L persons having a financial interest in the application. If the applicant includes a corporation or partnership, 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 attached if necessary.) Person Calvarv Chapel - North Coast. A California Non-Profit Corporation Title Mark Foreman. President Address 7 188 Avenida Encinas Address 7 1 88 Avenida Encinas Carlsbad. CA 92009 Carlsbad. CA 92009 OWNER (Not the owner’s agent) Provide the COMPLETE, LEGAL names and addresses of &L persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (Le, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF If a publicly-owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- CorpRart Calvarv Chapel - North Coast. A California Non-Profit Corporation 2. THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. Person Calvary Chapel - North Coast. A California Non-Profit Comoration Title Mark Foreman. President Address 7 1 88 Avenida Encinas Address 7 188 Avenida Encinas Carlsbad, CA 92009 CorpRart Calvarv Chapel - North Coast, A California Non-Profit Corporation Carlsbad. CA 92009 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 C /3 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANy person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non ProfitITrust Calvarv ChaDel - North Coast. A California Non-Profit Corporation Title Mark Foreman. President Address 71 88 Avenida Encinas Carlsbad. CA 92009 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past tweIve (12) months? 0 Yes ,H No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. above information is true and co Signature of ow%r/date Mark Foreman Mark Foreman Print or type name of owner Print or type name of applicant NIA Signature of owner/applicant’s agent if applicabIe/date NIA ~~ Print or type name of ownerlapplicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 I4 0 0 City of Carlsbad November 18,2004 O'Day Consultants Attn: Keith Hansen Ste 100 271 0 Loker Avenue Carlsbad, CA 92008 PROPOSED MINOR SUBDIVISION NO. MS 04-02, NORTH COAST CALVARY CHAPEL A preliminary decision has been made, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the tentative parcel map of the proposed minor subdivision subject to conditions that follow in this letter. Unless specifically stated in the condition, all of the following conditions, upon the approval of this tentative parcel map, must be met prior to approval of a final parcel map. General 1. 2. 3. 4. MS 04-02 is subject to the approval and conditions of CUP 04-05, HDP 04-01, CDP 04-03, GPA 04-16, ZC 04-12, LCPA 04-12 and SDP 04-02. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the tentative map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body including any applicable coastal commission approvals. The reproducible shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative parcel map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) Developer's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. %i 1635 Faraday Avenue - Carlsbad, CA 92008-731 4 - (760) 602-2720 FAX (760) 602-8562 5. Developer shall install sight distance corridors at all streetjntersections in accordance with Engineering Standards. 6. The overhead clearance shall be adequately posted at the entrances to the parking structure and bridge. The design and location of the sign is subject to the City Engineer's approval. Bridge construction is subject to a building permit and shall be designed to support all possible vehicle loads, including but not limited to, the heaviest fire apparatus of seventy two thousand pounds (72,000 Ibs.). Fees/Aqreements 7. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 8. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 andlor to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 9. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 10. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. 11. Based upon a review of the proposed grading and the grading quantities shown on the tentative parcel map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. De dica tiondlmp rovem en ts 12. Developer shall cause Owner to execute a covenant of easement for drainage as shown on the tentative parcel map. The obligation to execute and record the covenant of easement shall be shown and recording information called out on the Parcel Map. Developer shall provide City Engineer with proof of recordation prior to issuance of building permit. 13. Developer shall cause Owner to make an offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative parcel map. The offer shall be made by a certificate on the parcel map and/or separate recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that are already public are not required to be Page 2 of 9 MS 04-02 North Coast Calvary Chapel II 11/18/04 rededicated. 14. 15. 16. 17. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative parcel map and the following improvements including, but not limited to paving, base, signing & striping, sidewalks, curbs and gutters, guard rail on a portion of Poinsettia Lane, raised landscaped medians, grading, clearing and grubbing, installation of utilities, sewer lateral, water main pipe, fire hydrants, street lights, retaining walls and reclaimed water, to City Standards to the satisfaction of the,City Engineer. The improvements are: A. 8. C. D. E. Poinsettia Lane shall be improved to complete full Major Arterial standards (right-of-way width of 102 feet) within the subdivision boundary with transitions as required. Offsite transitional improvements shall include, but not be limited to, the left turn medians on Poinsettia Lane extending to the intersection of Aviara Parkway and Poinsettia Lane and modifying the left turn lane and median north of the intersection of Aviara Parkway and Camino De Las Ondas. Aviara Parkway shall be improved to complete half-street Major Arterial standards (half-street right-of-way width of 51 feet) adjacent to the subdivision boundary, including a 40Ofoot deceleration lane as shown on the tentative parcel map. Water mains, fire hydrants and related appurtenances. Water services and sewer laterals. Developer shall design and install a fully actuated traffic signal, including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of Aviara Parkway and Camino De Las Ondas to the satisfaction of the City Engineer. The traffic signal shall not be installed until such time that written approval is received from the City Engineer. A list of the above shall be placed on an additional map sheet on the Parcel Map per the provisions of Sections, 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from IO-year frequency storms of 6 hours and 24 hours duration under developed.conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24-hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: c7 Page 3 of 9 MS 04-02 North Coast Calvary Chapel 1111 8/04 18. 19. 20. 21. a. b. C. d. 0 0 include all content as established by the California Regional Water Quality Control Board requirements; include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Final “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. C. d. e. f. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construction BMPs in perpetuity; and identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. Developer shall adjust the property boundary located at the northwest corner of Aviara Parkway and Poinsettia Lane to coincide with the easterly right-of-way boundary of Aviara Parkway as shown on the tentative parcel map. Prior to approval of the boundary adjustment, the developer shall install or secure with appropriate security as provided by law for the installation of sidewalk along the portion of property that, prior to the adjustment, fronts the west side of Aviara Parkway. Said sidewalk shall be installed in conformance with City of Carlsbad Standards. Prior to building permit or grading permit issuance, whichever occurs first, developer shall have design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. Developer shall incorporate into the grading/improvement plans the design for the project drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a Page 4 of 9 MS 04-02 North Coast Calvary Chapel modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. 22. Prior to issuance of a building permit, the abandoned water lines identified in the easements described as items 2 and 7 on the tentative parcel map shall be removed. 23. The easements identified as Items 2, 3, 5, 7, 11, 12 and 14 on sheet one of the tentative parcel map shall be quitclaimed. 24. The hours of operation shall be restricted to the hours described in the “Transportation Analysis for North Coast Calvary Chapel in Carlsbad” dated September 24, 2004. Any changes to the hours of operation is subject to the City Engineer’s approval. Parcel Map Notes 25. Developer shall show on Parcel Map the net developable acres for each parcel. 26. Note@) to the following effect@) shall be placed on the map as non-mapping data A. All improvements are privately owned and are to be privately maintained with the exception of the following: 1. Curb, gutter and sidewalk on Aviara Parkway and Poinsettia Lane. 2. Street pavement and median on Aviara Parkway and Poinsettia Lane. 3. Deceleration Lane on Aviara Parkway. 4. Onsite-Water mainpipe and fire hydrants located within proposed Carlsbad Municipal Water District Easement. 5. Sewer laterals and water service pipe located within the public right-of-way. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. E. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. F. Covenant of easement recording information. Special Conditions 27. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative parcel map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. Carkbad Municipal Water District 28. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 11/‘8/04 k 9 Page 5 of 9 MS 04-02 North Coast Calvary Chapel 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer] wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. The Developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the District Engineer. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall install potable water and recycled water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The location of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Parcel Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Parcel Map, as non-mapping data. Prior to Parcel Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. A fire flow system shall be required for this development and it shall be constructed as a looped system. The Developer shall complete the looped water system by tying into the existing waterline system on Aviara Parkway and Poinsettia Lane to the satisfaction of the District Engineer. Planning 39. Approval is granted for MS 02-04 as shown on Exhibit “A” - “E”, dated November 18, 2004, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 40. 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 Minor Subdivision. Page 6 of 9 MS 04-02 North Coast Calvary Chapel 11/18/04 41, 42. 43. 44. 45. 46. 47. 48. 49. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Subdivision documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Developer shall dedicate on the parcel map, an open space easement over lots 1 and 3 which are (in slopes, wetlands, coastal sage scrub or other constrained land plus all other lands set aside as part of the Citywide Open Space System) to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibit “A” - “E”., Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for trail@) shown on the tentative parcel map within Open Space Lot 1. Prior to the issuance of any building permits, the trail shall be constructed as a public trail for public use and accepted by the City of Carlsbad. Prior to issuance of any building permits, the obligation for acceptance, construction, maintenance, and liability shall be the responsibility of another agency designated by the City or the responsibility of the property owner. Concurrent with recordation of the parcel map, transfer fee title to the open space lot(s) to the selected conservation entity. Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot(s): a. Select a conservation entity, subject to approval by the City, that possesses the necessary qualifications to hold title to the open space lot(s) and manage it for conservation purposes. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the Planning Director and Wildlife Agencies, b. C. 7/ Page 7 of 9 MS 04-02 North Coast Calvary Chapel 11/18/04 50. Fire 51. - to the selected conservation entity in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. This approval is granted subject to the approval of the Mitigated Negative Declaration, GPA 04-16, ZC 04-12, LCPA 04-12, SDP 04-02, CUP 04-05, HDP 04-01 and CDP 04- 03, and is subject to all conditions contained in Planning Commission Resolutions No. 5783,5784,5785,5786,5787, 5788,5789,5790 and 5791 for those other approvals incorporated herein by reference. The drive path nearest the building site(s) shall be restricted by an emergency access easement, and shall be subject to the restrictions and enforcement provision of all current codes and ordinances. The easement shall be shown on the parcel map. Code Reminders The project is subject to all applicable provisions of lccal ordinances, including but not limited to the following: 52. 53. 54. 55. 56. 57. 58. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Structures permitted in the access portion of the lots shall be limited to mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for mailboxes, the structures shall not be greater than forty-two inches in height if located within twenty feet of the street property line or greater than six feet in height beyond this point. Prior to parcel map approval, the property owners shall enter into an agreement to hold the City or any other public service agency harmless from liability for any damage to the driveway when being used to perform a public service, subject to Planning Director and City Attorney approval. The tentative parcel map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. Some improvements shown on the tentative parcel map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.1 6.095 to notify and enable the City to successfully acquire said property by condemnation. 72 Page 8 of9 MS 04-02 North Coast Calvary Chapel 11/18/04 The developer may request a review of the preliminary decision with the City Engineer in writing within ten (10) days of the date of this letter. Upon such written request the City Engineer shall arrange a time and place with the developer for such review. The City Engineer has reviewed each of the exactions imposed on the developer contained in these conditions of approval, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and degree of the exaction is in rough proportionality to the impact caused by the project. If you have any questions, you may contact David Rick at (760) 602-2781. ROBERT J. WOJCIK Deputy City Engineer Attachment: Tentative Parcel Map c: file David Rick, Assistant Engineer Van Lynch, Senior Planner Page 9 of 9 MS 04-02 North Coast Calvary Chapel 73 11/18/04 74 ' 01- 76 - m I. 10 a t 78 01- ... w, ... 10 Q ? P 8 v) 4 In .I 3 m la, Mi CVI O! .- m ! I* i i $E . 3. Ni 01 0 u, rgl PI In1 /e In1 81 w w .- Q b I! rUI Ihl E 0 .- c 2 i3 m E .- E a m .- 'I 4 87 cui - In c? t t 0 c 0i- '8 A I I /a i I I I ! i 8P @-- B Q I 01- 3 .. IO 92 01 > :+- rll KX 93 ... rn _- 0.w -1 P 4 P .- us .. 4 f 991 K9l ai i 0 c .- ,96 01- - P 'e 4 10 . . L 00 trr t ‘off U3HS 33s i' 'ON U3HS 33s 2 5 I 1- I 7-7- - I .... ..... .. .. ......... ........... ........... i %i"eP 2a%fB .. .. .. ic,! i 8 e J e I . i d. ' ... Planning Commission Minutes November 17,2004 Page 3 EXHIBIT 6 2. GPA 04-16/ZC 04-12lLCPA 04-1 ZlSDP 04-02/CUP 04-05/HDP 04-011CDP 04-03 - NORTH COAST CALVARY CHAPEL - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and recommendation of approval of a General Plan Amendment, a Zone Change and a Local Coastal Program Amendment to redesignate and rezone the undeveloped portions of the property to open space, and approval of a Site Development Plan, Conditional Use Permit, Hillside Development Permit, and Coastal Development Permit for the development of 26.94 acres into a church campus located on the northeast corner of Poinsettia Lane and Aviara Parkway in Local Facilities Management Zone 20. Mr. Neu introduced Item 2 and stated Senior Planner Van Lynch would make the staff presentation. Chairperson Whitton opened the public hearing on Item 2. Mr. Lynch stated the project is a church campus consisting of 4 buildings: a multi-purpose building, a preschool, a youth building and a chapel. The architectural theme is Tuscan. Part of the project includes two open space lots and a pedestrian trail as part of the citywide trail network. The project is located on the northeasterly corner of Poinsettia Lane and Aviara Parkway. The northern portion of the property and the very southern part of the property south of Poinsettia Lane are the two open space habitat areas that will be put into open space. Mr. Lynch directed the Commission to the slide presentation to discuss many details of the project. The General Plan Amendment (GPA), Zone Change (ZC) and Local Coastal Program Amendment (LCPA) are to change the land use, zoning and Local Coastal Program land use designation from R-1-7,500-Q to Open Space on the two Open Space lots on the property. The Open Space lots will be encumbered by open space easements and endowments for maintenance. Mr. Lynch stated the project is in compliance with the Coastal Program in that the project preserves the slopes and habitats. The project has grading restrictions for no grading during the rainy season. Mr. Lynch further stated the project is also required to pay the agricultural mitigation fee for the conversion of agricultural land into developed property. The project also exceeds the required setbacks. A traffic report and a noise study were prepared for the project site and no significant impacts were found. One impact found was the potential of paleontological resources on the site. Staff is requesting paleontological review and monitoring during grading operations. Mr. Lynch stated there is an errata sheet for the project which includes a letter of support and a new condition for the Conditional Use Permit. Mr. Lynch concluded his presentation and stated he would be available to answer any questions. Chairperson Whitton stated the Commission was in receipt of a letter expressing concern about the potential dust from the grading of the site. He also acknowledged the Commission did receive the letter from a neighbor of the project stating their support. Chairperson Whitton asked if the applicant wanted to make a presentation. Mark Foreman, Senior Pastor of North Coast Calvary Chapel, Avenida Encinas, gave a brief presentation regarding the Church. Bill Hofman, Hofman Planning Associates, 5900 Pasteur Court Suite 150, Carlsbad, gave a detailed presentation regarding the project. He concluded his presentation and stated he would be available to answer any questions. Chairperson Whitton asked if there were any questions of the applicant. Commissioner Segall asked how long it would take for the project to come to fruition. Mr. Foreman stated that he hopes to break ground in August or September 2005, and for it to done in two phases. He further stated he would like to be on the site in January 2007 with Phase Two to be completed at a later date. Commissioner Baker asked what the plans are for the portion of the site designated for the second phase if funds are not raised. Mr. Foreman stated there are no other plans for the site. Commissioner Baker asked Mr. Lynch if the applicant would need to return to the Planning Commission if the project was downsized. Mr. Lynch stated it would be dependent on the amount of downsizing. If any of the buildings were to be modified significantly, the project would then come before the Planning Commission. Commissioner Baker asked Mr. Foreman if the entire site would be graded at one time. Mr. Foreman /a Planning Commission Minutes November 17,2004 Page 4 stated that the Church plans on using the undeveloped portions of the site as grass areas for children until the second phase is ready to be built. Commissioner Baker commented that she does not want to see those portions of the site become eyesores. Mr. Foreman stated that those areas would be landscaped with grass in interim. Mr. Hofman stated that most of the project is to be completed in Phase 1. Commissioner Segall stated when the site plan was approved previously there was concern expressed by Dr. Michael Krak regarding the drainage on the property. David Rick, Assistant Engineer, replied that the City has looked into the drainage problem and City crews are working with Mr. Krak. The drainage problem consists of some ponding occurring on Dr. Krak’s property, not the church’s property and over a City easement. The City has taken the initiative and taken measures to try to resolve the problem. Commissioner Dominguez stated the letter received from Rudvalis Orchid Farm in opposition to the project in regards to the negative impacts to the business due to nearby construction. He asked if the City is committing to any special or extraordinary steps to preclude this from happening with this project. Jane Mobaldi, Assistant City Attorney, stated that this project is a private development, and therefore the City would not be responsible for any dust created from the project. However, it is appropriate to inform the applicant of the issue and perhaps take some additional measures so there is not damage to a neighboring property. Commissioner Dominguez asked if there are any extraordinary conditions to try to control such events. Mr. Wojcik, Deputy City Engineer, stated there are not any extraordinary conditions of approval for this project. Staff feels that the regular requirements of the City’s grading ordinance and proper inspection will take care of any issues regarding dust. Commissioner Montgomery inquired if the lighting for the parking lots would be designed for down lighting. Mr. Hofman stated that the City design requirements for parking standards throughout the City requires that it be downward directed and not to allow direct light spillover off the sides of the property. Commissioner Montgomery also asked about the future parking structure which was mentioned during Mr. Hofman’s presentation. Mr. Hofman clarified that the parking structure is the two level parking area shown on the plans. Commissioner Montgomery asked about the ingresdegress and if it will be acceptable for the possible traffic. Mr. Rick stated the traffic report which was submitted determined the distribution of traffic, and based on the distribution at each of those driveways, staff anticipates that each will be able to handle traffic entering as well as exiting the campus. Chairperson Whitton asked if there were further questions of staff. Seeing none, he opened public testimony on the item. The following speakers stated their support of the project: Michael Thornton, 1497 Regatta Road; Carlton Lund, 1320 Corvidae Street; Cleta Fredericken, 1514 Turquoise Street; Marty Fletcher, 6742 Lemon Leaf Drive; Yrena Friedman, 6571 Windflower Drive; and Ruth Apffel, 6451 Ruby Way. Dr. Michael Krak, 6609 Curlew Terrace, stated he is in support of the project but still has some concerns regarding the pooling of water all across the canyon floor. He stated the City might consider taking the water coming off Poinsettia Lane and internalizing it into the system which would take it out to the ocean. He is also concerned about the lighting issues for the egress, the right-out onto Poinsettia Lane. He feels that some bushes or hedgerows might help mitigate the light impacts from vehicle traffic. Barbara Rudvalis, 7316 Bolero Street, owner of the Rudvalis Orchid Farm, stated her concern about the dust and dirt which will be generated during the construction of the project. Commissioner Baker asked if she would be willing to have a conversation with the applicant or the Engineers to discuss any methods which might solve the problem. Chairperson Whitton stated he wants the applicant and the speaker to set up a meeting to discuss possible solutions to the problem prior to the start of grading. Chairperson Whitton asked if staff wanted to respond to any of the issues raised. Planning Commission Minutes November 17,2004 Page 5 Mr. Wojcik stated that there are several things that can be done to help resolve any issues during the grading of the project in regards to the impacts on the orchid farm. He commented that the nearest part of the project to be graded is 300 feet away from the orchid farm. He stated that the Construction Management and Inspection division will be notified to work with the contractor to have spot watering done during the grading operation. He also stated that the construction trucks can access the site at the signalized intersection at Camino De Las Ondas and Aviara Parkway, which is farthest from her site. Chairperson Whitton asked if there were any further questions. Commissioner Montgomery asked how the child care center/preschool will operate and what the ultimate size of the center will be. Mr. Foreman stated the church is attempting to fulfill the State requirements for child care. The center will be open Monday through Friday and is designed for the capacity of 150 children. Chairperson Whitton asked if there were any other questions of staff. Seeing none, he closed public testimony on the item. MOTION AC TION: Motion by Commissioner Baker, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 5784, 5785, 5786, and 5787 recommending adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and recommending approval of a General Plan Amendment GPA 04-16, Zone Change ZC 04-12, Local Coastal Program Amendment LCPA 04-1 2, and adopt Planning Commission Resolutions No. 5788, 5789, 5790 and 5791 APPROVING Site Development Plan SDP 04-02, Conditional Use Permit CUP 04-05, Hillside Development Permit HDP 04-01, and Coastal Development Permit CDP 04-03, based on the findings and subject to the conditions contained therein including the errata sheets. DISCUSSION Commissioners Segall, Montgomery, Cardosa, Dominguez, Heineman and Baker all stated their support of the project. All Commissioners commended the applicant's effort to reach out to the community during the design phase of the project. VOTE: 7-0 AYES: NOES: None Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Segall NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Schulman Auditorium, Dove Librarv, 1775 Dove Lane, Carlsbad, California, at 6:OO p.m. on Tuesday, January 11, 2005, to consider adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approval of a General Plan Amendment, Local Coastal Program Amendment and a Zone Change to redesignate and rezone the undeveloped portions of the property to Open Space for the development of 26.94 acres into a church campus located on the northeast corner of Poinsettia Lane and Aviara Parkway in Local Facilities Management Zone 20 and more particularly described as: The Northwest Quarter of the Southwest Quarter of the Southwest Quarter together with the South Half of the Southwest Quarter of the Southwest Quarter both of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, together with Lot 1 of Carlsbad Tract No. 91-12, according to the Map thereof No. 13394, recorded January 24, 1997, in the office of the County Recorder of San Diego County, all 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 January 7, 2005. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-461 3. If you challenge the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change 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 6/ZC 04-1 2/LCPA 04-1 2 CASE NAME: NORTH COAST CALVARY CHAPEL PUBLISH: December 30, 2004 CITY OF CARLSBAD CITYCOUNCIL SITE NORTH COAST CALVARY CHAPEL GPA 04-1 6/ZC 04-1 2/LCPA 04-1 2 Smooth Feed SheetsT" 1 CARLSBAD UNlF SCHOOL DlST 6225 EL CAMINO REAL CARLSBAD CA 92009 SAN DlEGUlTO SCHOOL DlST 701 ENClNlTAS BLVD ENClNlTAS CA 92024 CITY OF ENClNlTAS 505 S VULCAN AVE ENCINITAS CA 92024 ITY OF VISTA 0 BOX 1988 ISTA CA 92085 OF FISH & GAME 949 VIEWRIDGE AVE CA 92123 AN DIEGO CA 92101 .S. 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BARRY BRAYER, AWP-8 BUREAU OF INDIAN AFFAIRS RONALD M JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANSPORTATION & HSG AGENCY PATRICIA W NEAL DEPUTY SEC HOUSING STE 2450 1901 SPINNAKER DR 980 NINTH ST SAN BUENAVENTURA CA 93001 SACRAMENTO CA 95814 CHANNEL ISLANDS NATIONAL PARK SUPERINTENDENT DEPARTMENT OF DEFENSE LOS ANGELES DlST ENGINEER PO BOX 271 1 LOSANGELES CA 90053 DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIR STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPARTMENT OF ENERGY STE 400 611 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 FOOD & AGRICULTURE STEVE SHAFFER, AGRICULTURE RESOURCES RM 100 SACRAMENTO CA 95814 DEPARTMENT OF FORESTRY DOUG WICKIZER, ENVIR COORD P 0 BOX 944246 1220 N ST SACRAMENTO CA 94244-2460 ehinninv I nhplc; Smooth Feed SheetsTM DEPARTMENT OF HOUSING & URBAN DEVE DUNCAN LENT HOWARD, REG ADMIN 450 GOLDEN GATE AV SAN FRANCISCO CA 94102 DEPARTMENT OF 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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 a nwenvcii, Chinnina I ahnlc USDA - RURAL DEVELOPMENT DEPT 41 69 430 "G" ST DAVIS CA 95616 CITY OF ENClNlTAS COMDEV DEPT 505 S VULCAN AV ENClNlTAS CA 92024 SANDAG-EXEC DIRECTOR GARY GALLEGOS STE 800 IST INT'L PLAZA 401 "B" ST SANDIEGO CA 92101 CYRIUMARY GIBSON 12142 ARGYLE DR LOS ALAMITOS CA 90702 LANIKAI LANE PARK 6550 PONTO DRIVE CARLSBAD CA 92008 I acnr r; 1 Smooth Feed SheetsT1vr JOHN LAMB 1446 DEVLIN DR LOSANGELES CA 90069 STATE LANDS COMMISSION MARY GRIGGS STE 100 S 100 HOWE AV SACRAMENTO CA 95825-8202 PERRY A LAMB 890 MERE POINT RD BRUNSWICK ME 04011 COASTAL CONSERVANCY RICHARD RETECKI STE I1 00 1330 BROADWAY OAKLAND CA 94612 DALEIDONNA SCHREIBER 7163 ARGONAUTA WAY CARLSBAD CA 92009 AVERWB ShinninP Labels SAN DIEGO GAS & ELECTRIC BEVERLY BLESSANT 8315 CENTURY PARK CT SAN DIEGO CA 92123- COUNTY OF SD SUPERVISOR BILL HORN 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CARLSBAD CA 92009 JOHN KACHOREK 1386 SPARROW RD CARLSBAD CA 92009 JOHN SWOPE 6629 CURLEW TER CARLSBAD CA 92009 JOHN AND DONNA COSTAN 6620 CURLEW TER CARLSBAD CA 92009 JOHN AND MARY GURELL 6622 DAYLILY DR CARLSBAD CA 92009 JOHN AND MICHELLE HEALY 1480 REGATTA RD CARLSBAD CA 92009 JUDGE EVELYNE C LIVING TRUST 6594 PETUNIA PL CARLSBAD CA 92009 JUNE AND MYMA NOLLEDO 6633 CURLEW TER CARLSBAD CA 92009 JON CURTIS 6641 CURLEW TER CARLSBAD CA 92009 KANG 6723 LEMON LEAF DR CARLSBAD CA 92009 KEITH AND JEANE SERRA 6731 LEMON LEAF DR CARLSBAD CA 92009 KENNETH MORRIS 6736 CAMPHOR PL CARLSBAD CA 92009 KHO FAMILY LIVING TRUST PO BOX I31406 CARLSBAD CA 9201 3 KIMBERLY FARRAH 6640 CURLEW TER CARLSBAD CA 92009 KRUPNICK FAMILY TRUST 1377 NIGHTSHADE RD CARLSBAD CA 92009 Laser 624IrM AVERW Address labels 'Smooth Feed SheeWM Use template for 516@ KUZNIK LIVING TRUST 1545 REGATTA RD CARLSBAD CA 92009 LANCE THOMAS 6583 DAYLILY DR CARLSBAD CA 92009 LAURINE LITHGOW 1374 SPARROW RD CARLSBAD CA 92009 LEHY/NELSON 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1389 NIGHTSHADE RD CARLSBAD CA 92009 LINDO FAMILY TRUST 6653 CURLEW TER CARLSBAD CA 92009 LUZ RODRIGUEZ 1312 PHLOX CT CARLSBAD CA 92009 MARK AND SUSAN HERNDON 6492 WAYFINDERS CT CARLSBAD CA 92009 MARLEN RIGGAN 1285 VERONICA CT CARLSBAD CA 92009 MICHAEL AND JOAN BUC 1378 SPARROW RD CARLSBAD CA 92009 MICHAEL AND MANIGE FARHOOMAND 1481 REGATTA RD CARLSBAD CA 92009 AVERW Address Labels Laser 6241rM Smooth Feed SheetsTM Use template for 516@ MICHAEL AND MICHELLE THORNTON 1497 REGATTA RD CARLSBAD CA 92009 MONGOVEN TRUST 1355 NIGHTSHADE RD CARLSBAD CA 92009 NANCY SCHNEIDER 6667 DAYLILY DR CARLSBAD CA 92009 NORMANANDFRANCESMUNK 1398 NIGHTSHADE RD CARLSBAD CA 92009 PATRICK AND SANDRA HUSTON 1367 NIGHTSHADE RD CARLSBAD CA 92009 PAUL AND ROSLYN MULLINS 6590 PETUNIA PL CARLSBAD CA 92009 PERCOPO MICHAEL J & CHRIST1 NE 1316 GULL CT CARLSBAD CA 92009 PLUM TREE WALK LLC 3010 OLD RANCH PKWY SUITE 400 SEAL BEACH CA 90740 RANDY AND CONNIE WILEY 6586 DAYLILY DR CARLSBAD CA 92009 MICHAEL AND RHONA RICHARDSON 6744 CAMPHOR PL CARLSBAD CA 92009 MIRAMAR PROPERTY INVESTMENT CO 6670 CURLEW TER CARLSBAD CA 92009 MONIR MAREFAT 6647 DAYLILY DR CARLSBAD CA 92009 MIKE FAHR 1274 VERONICA CT CARLSBAD CA 92009 MOHAMMED HASHIMI 6586 PETUNIA PL CARLSBAD CA 92009 NADINE BAURIN 1323 STATICE CT CARLSBAD CA 92009 NATIONAL RESIDENTAL NEWMAN FAMILY TRUST NOMINEE 1281 VERONICA CT 6618 VIREO CT CARLSBAD CA 92009 __ CARLSBAD CA 92009 NORSIG MAUREEN C TRUST 6617 VIREO CT CARLSBAD CA 92009 OEPKES TRUST AGREEMENT 6602 PETUNIA PL CARLSBAD CA 92009 PAUL AND GABRIELLE SABADIN 131 5 GULL CT CARLSBAD CA 92009 PAUL AND LINDA NEIDHARDT 1374 NIGHTSHADE RD CARLSBAD CA 92009 PAURL SWANSON 6671 DAYLILY DR CARLSBAD CA 92009 PHILLIP MCCLURG 6671 CURLEW TER CARLSBAD CA 92009 QUANG TRANG 1484 REGATTA RD CARLSBAD CA 92009 PEGGY BOOTH 1386 NIGHTSHADE RD CARLSBAD CA 92009 PING HUANG 6599 DAYLILY DR CARLSBAD CA 92009 RAFAEL AND PATRICE MONTIEL 6732 CAMPHOR PL CARLSBAD CA 92009 RANDY AND ROBIN KRIECH 6468 WAYFINDERS CT 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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: December 30fh, 2004 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 30th Day of December, 2004 Signature Jane Olson NORTH COUNTY TIMES Legal Advertising This space is for the County Clerk’s Filing Stamp Proof of Publication of I I CASE FILE GPA 04-16IZC 04-12/LCPA b 474444Y4626L 5-8 %+ LAW OFFICES of DON DETISCH Attorneys at Law Donald W. Detisch January 11, 2005 VIA FACSIMILE & HAND DELIVERY Van Lynch City of Carlsbad Planning Department 8559 Faraday Carlshad, California 92008 110 West C Strict, Suite 1803 San Diego, California 92101 Tel. (619) 515-1140 e-mail: detischlaw@sbcglobal.net Fax (619) 235-9100 Re: Case File: GPA 04-161ZC 04-12/LCPA 04-12 Case Name: North Coast Calvary Chapel Dear MI 1 ;lrx;h and Members of the City Council: .!‘h::: :tffice represents Ms. Victoria Fernandez, the owner of Assessor’s Parcel No. 21 5-ii?O-?8’li! 1: ai adjacent parcel to the proposed North Coast Calvary Chapel Development. Pursuaiir ~CI mi conversation of last week I am confirming that the open space designation recommended for this project will in no way affect Ms. Fernandez’ property. I am requesting that this matter be confirmed at the public hearing. Secondly, this Proposal represents in our view a significant land use change from the existing single family residences in the area and trust that this project can be blended into the existing fabric of the residential neighborhood. To that end our concerns relates to traffic in the area, the proper treatment thereof, and the visual impact that this project may cause. We have reviewed the architectural renderings and find that while the structures appear to be aesthetically pleasing we are concerned about lighting at night especially in connection with parking structures and the athletic facilities which undoubtedly will be used after hours and on weekends. We trust that the City will impose appropriate controls to prevent this type of activity so that when Ms. Fernandez develops her property the new structures will not be exposed to intrusive lighting and late night noise. We understand that the use of this property will be pursuant to a Conditional Use Permit and in that regard we would request that a 5 year review be established so that the Council can determine whether modifications, etc should be included within the Use Permit conditions. Some type of monitoring should be required to ensure that this type of development will not generate any type of disruptive activity in this now primarily single family environment. Van Lynch January 11,2005 Page 2 DWD:sj cc: Clients W:\Clients\Fernandez 3054-01\Letters\Lynch and Members of the City Council 1.11.05. wpd North Coast Calvary ChapelGPA 04-16/ZC 04-12/LCPA 04-12(SDP 04-02/CUP 04-05/HDP 04-01/CDP 04-03) Project Location Location MapPOINSETTIALNA V I A R A P K W YNIGHTSHADERDSITE CAMINO DE LAS ONDASBLACK RAIL RD Location Previous Plan Approval Site Plan52,400 square feet26.94 acres General Plan Amendment„Land use change from RLM to OS on 13.18 acres„Open space easement will be placed on open space lots„Conservancy for the management of the property General Plan AmendmentPOINSETTIA LNAV IA R A P KW YNIGHTSHADERDSITE CAMINO DE LAS ONDASBLACK RAIL RD RLMEXISTING GENERAL PLAN General Plan AmendmentPOINSETTIA LNAV I AR A P KW YNIGHTSHADERDSITE CAMINO DE LAS ONDASBLACK RAIL RD OSRLMOSRLMPROPOSED GENERAL PLAN Looking North Looking Northeast Zone Change„Proposed change from R-1-7,500-Q to Open Space„Consistent with proposed General Plan OS designation Local Coastal Program„Amendment to bring coastal zoning and land use maps into compliance Mitigated Negative Declaration„HMP„Traffic„Noise„Paleontologicalreview prior to and during grading operations Recommendation„That the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approve GPA 04-16, ZC 04-12, and LCPA 04-12 Looking East Looking Southeast Looking South West End of Property Along Aviara Parkway