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HomeMy WebLinkAbout2005-02-08; City Council; 17973; Vista La Costa7' Project application(s) Environmental Review GPA 04-14 ZC 04-09 CT 04-05 CP 04-01 CITY OF CARLSBAD -AGENDA BILL Administrative Reviewed by and To be Reviewed - Approvals Final at Planning Final at Council Commission X X X X X AB# 17,973 MTG. 2/8/05 DEPT. PLN - TITLE: VISTA LA COSTA GPA 04-1 41ZC 04-09 h CITY ATTY. CITY MGR RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. , APPROVING Zone Change 04- 09, and ADOPT Resolution No. , ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and APPROVING General Plan Amendment GPA NS-740 2005-039 04-14. On January 5, 2005, the Planning Commission conducted a public hearing and recommended to the City Council approval (7-0) of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, a General Plan Amendment and a Zone Change to change the General Plan land use designation and the Zoning designation on a 0.18 acre property generally located on the north side of Gibraltar Street, south of the La Costa Golf Course, between Jerez Court and Romeria Street, within Local Facilities Management Zone 6. At that same hearing, the Planning Commission also approved (7-0) a Tentative Tract Map and a Condominium Permit to develop a 15-unit residential condominium project on the subject site. The approval of the Tentative Tract Map and Condominium Permit were final at the Planning Commission. The overall subject site is comprised of three lots and is 0.88 acres in area. The proposed General Plan Amendment and Zone Change would apply to only one 0.18 acre parcel which is triangular in shape and extends out from the northeastern corner. The other two parcels are rectangular in shape and their existing General Plan designation is Residential High Density (RH) with a corresponding Zoning designation of Residential Density-Multiple (RD-M). The proposed General Plan Amendment and Zone Change would change the General Plan land use designation on the triangular parcel from Open Space (OS) to Residential High Density (RH, 15-23 du/ac) and change the Zoning designation from Planned Community (P-C) to Residential Density- Multiple (RD-M). The proposed land use and zoning amendment would designate the triangular parcel consistent with the other two parcels. The triangular parcel was originally a part of the La Costa Golf Course property and was mapped within the floodplain of San Marcos Creek. The designation of this parcel 3s open space was based on these assumptions. However, the triangular parcel is at a higher slevation, was graded as part of the upland lots, not the Golf Course, and subsequent, more accurate mapping, has shown that this property is clearly well above and outside of the floodplain. The 1969 grading plan for Gibraltar Street shows that the natural topography of the three parcels was similar and all the three parcels were at substantially higher elevation than the golf course and clearly Dutside of the floodplain. I PAGE 2 OF AGENDA BILL NO. 17,973 Facilities Zone Local Facilities Management Plan Growth Control Point Net Density Special Facility Fee Except for a statement from the applicant's representative, no public testimony was offered at the Planning Commission hearing. A full disclosure of the Planning Commission's actions and a complete description and staff analysis of the proposed project are included in the attached minutes and Planning Commission staff report. The Planning Commission and staff are recommending adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approval of the proposed land use and zoning amendments. 6 6 19 du/ac 17 du/ac None ENVIRONMENTAL: Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the Carlsbad Municipal Code (Title 19), staff conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to geology and soils, and hydrology/water quality. Mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. The Planning Director issued a Notice of Intent to adopt a Mitigated Negative Declaration for the project on October 20, 2004. One public comment was received (dated November 19, 2004) during the 30-day public review period (October 20, 2004 to November 19, 2004). The comment was received from the Native American Heritage Commission. Staff responded in writing to the letter received (November 30, 2004). No new significant environmental effects requiring mitigation by CEQA were identified as a result of the public comment and, therefore, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were not revised, nor re-circulated. FISCAL IMPACT: All public infrastructure required for this project will be funded and/or constructed by the developer. GROWTH MANAGEMENT STATUS: EXHIBITS: 1. City Council Ordinance Wa. NS-740 2. City Council Resolution No. 2005-039 3. Location Map 4. 5. 6. Planning Commission Resolutions 5812, 581 3, and 5814 Planning Commission Staff Report, dated January 5, 2005 Draft Excerpts of Planning Commission Minutes, dated January 5,2005. DEPARTMENT CONTACT: Saima Qureshy, (760) 602-461 9, squre@ci.carlsbad.ca.us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 ORDINANCE NO. NS-740 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 04-09, FROM PLANNED COMMUNITY TO RESIDENTIAL-DENSITY MULTIPLE ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA STREET IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: VISTA LA COSTA CASE NO.: ZC 04-09 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 04-09,” dated January 5, 2005, 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. 5814 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 Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 8th day of FEBRUARY , 2005, and thereafter lli 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 , 2005, by the following vote, to wit: day of AYES: NOES: ABSENT: ABSTAIN: 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 04-09 - Vista La Costa Januarv 5.2005 Property A. 21 6-1 30-68 B. C. D. From: To: P-c RD-M 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. 2005-039 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 AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM OPEN SPACE (OS) TO RESIDENTIAL GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: VISTA LA COSTA HIGH DENSITY (RH, 15-23 DU/AC) ON A 0.18 ACRE SITE CASE NO.: GPA 04-14/ZC 04-09 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, the Planning Commission did, on January 5, 2005, hold a duly noticed public hearing as prescribed by law to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, as referenced in Planning Commission Resolution No. 5812 and General Plan Amendment GPA 04-14, according to Exhibit “GPA 04- 14” attached to Planning Commission Resolution No. 581 3 and incorporated herein by reference to change the General Plan Land Use designation from Open Space (OS) to Residential High Density (RH, 15-23 du/ac) and the Planning Commission adopted Planning Commission Resolutions No. 5812 and 5813 recommending to the City Council that they be approved; and WHEREAS, the City Council did on the 8th day of FEBRUARY , 2005, hold a duly noticed public hearing as prescribed by law to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and General Plan Amendment and; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 6 Program and General Plan Amendment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, the City Council of the City of Carlsbad, California, does hereby resolve as follows: The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the above recitations are true and correct. 2. That the findings and conditions of the Planning Commission in Planning Commission Resolutions No. 5812 and 581 3 for the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and General Plan Amendment constitute the findings and conditions of the City Council in this matter. 3. That the recommendation of the Planning Commission for the approval of General Plan Amendment GPA 04-14 as shown in Planning Commission Resolution No. 5813 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 04-16 and GPA 04-18. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 8th day of FEBRUARY , 2005, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: (LQa&QL@A. LORRAINE M. W&D, City Clerk (SEAL) -2- EXHIBIT 3 SITE ~ VISTA LA COSTA GPA 04-14/ZC 04-09 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. 5812 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 FIFTEEN UNIT RESIDENTIAL CONDOMINIUM PROJECT ON A 0.88 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA STREET, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: VISTA LA COSTA CASE NO.: GPA 04-14/Z.C 04-09/CT 04-05/CP 04-01 WHEREAS, Abedi Family Trust, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as All of Lots 376 and 377 of La Costa South Unit No. 5, according to Map thereof No. 6600, filed in the office of the County recorder of San Diego County on March 10,1970 and that portion of the North half of the Southeast One-Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to official Plat thereof, in the City of Carlsbad, County of San Diego, State of California, 6escribed as Parcel No. 2 in a certificate of compliance recorded on August 27, 1984 as file no. 84-325375 of Official Records of said San Diego County (“the Property”); and WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did, on the 5th day of January 2005, 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 stafT, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration. 9 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 foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program according to Exhibit “MND” dated October 20, 2004, according to Exhibits “NOI” dated October 20, 2004, and “PII” dated September 23, 2004, attached hereto and made a part hereof, based on the following findings: Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered the Mitigated Negative Declaration, VISTA LA COSTA - GPA 04-14/ZC 04-09/CT 04-OYCP 04-01 the environmental impacts therein identified for this project, and any comments thereon prior to RECOMMENDING APPROVAL of the project; and b. the Mitigated Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and / c. 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. Developer shall implement or cause the implementation of the Vista La Costa Mitigation Monitoring and Reporting Program. 2. This approval is granted subject to the approval of GPA 04-14 and ZC 04-09. 3. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, (b) City’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. /p PC RES0 NO. 5812 -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 5th day of January 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton NOES: ABSENT: ABSTAIN: /7 2ka1 N. SEGALL airperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RES0 NO. 5812 -3 - - City of Carlsba-d NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: Vista La Costa PROJECT LOCATION: CASE NO: GPA 04-14/ZC 04-09/CT 04-05/CP 04-01 North Side of Gibraltar Street. South of La Costa Golf Course, between Jerez Court and lbmeria Street (APN - 216-290-20,21; 216-130-68) PROJECT DESCRIPTION: Request for approval of a General Plan Amendment, Zone Change, Tentative Tract Map, and Condominium Permit for the development of a 15-unit air-space condominium project. The subject site is located on the north side of Gibraltar Street, south of the La Costa Golf Course between Jerez Court and Romeria Street. The proposed project consists of three vacant lots totaling 0.88 acres. The site is surrounded by multi-family condominiums to the east, west and south and the La Costa Golf Course to the north. The proposed project wdl combine the three existing parcels into one underlying lot and 15 airspace condominium will be developed on the new lot. There are two three-story buildings proposed with subterranean parking. Nine units will be located in Building 1 and six units will be located in Building 2. Access to the site is from Gibraltar Street and the project’s internal private dnveways will provide access to surface visitor parlung spaces and the subterranean parlung level. The buildings will not exceed 35’ in height and will comply with all standards of the RD-M Zone and Planned Development Ordinance. The units will range in size from 1,536 to 1,672 square feet. A 4,681 square foot common passive recreation area will be located in the northern comer of the subject site. The site was previously graded into two stepped pads which overlook the La Costa Golf Course, which is approximately 13 feet below the subject site. The project site is comprised of three existing parcels, two of which form a rectangle, and their General Plan designation is Residential High Density (RH) with a corresponding Zoning designation of Residential Multiple (RD-M). The third parcel is triangular in shape and extends out from the northeastem comer. The existing General Plan designation of this parcel is Open Space (OS) and it is Zoned Planned Community (P-C). The applicant is requesting to change the General Plan and Zoning designations of the triangular parcel to RH and RD-M, respectively, to be consistent with the rest of the site. The open space boundary was intended to follow the Golf Course limits and any associated floodplain areas. However, the property is not part of the/Golf Course, and the entire site was graded into development pads accessible from Gibralter Street. The applicant is proposing to amend the General Plan and Zoning designations to RH and RD-M over the entire property. The proposed amendments will be consistent with the other two parcels on the project site and are compatible with the surroundmg neighborhood. 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 sigmficant 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’cnvironment 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 sigmficant 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 (EL4 Part 2) documenting reasons to support the proposed Mitigated Negative Declaration are on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, Cahfornia 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department wihn 30 days of the date of th~ notice. The proposed project and Mitigated Negative Declaration are subject to review and approvalladoption by the City of Carlsbad Planning Commission and City Council. Addltional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Saima Qureshy in the Planning Department at (760) 602-46 19. PUBLIC REVIEW PERIOD October 20,2004 to November 19.2004 PUBLISH DATE October 20,2004 1635 Faraday Avenue * Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us @ 43 - City of Carlsbad MITIGATED NEGATIVE DECLARATION CASE NAME: Vista La Costa CASE NO: GPA 04-14/ZC 04-09/CT 04-05/CP 04-01 PROJECT L0CATION:North Side of Gibraltar Street, South of La Costa Golf Course, between Jerez Court and Romeria Street (APN - 216-290-20,21; 216-130-68) PROJECT DESCRIPTION: Request for approval of a General Plan Amendment, Zone Change, Tentative Tract Map, and Condominium Permit for the development of a 15-unit air-space condominium project. The subject site is located on the north side of Gibraltar Street, south of the La Costa Golf Course between Jerez Court and Romeria Street. The proposed project consists of three vacant lots totaling 0.88 acres. The site is surrounded by multi-family condominiums to the east, west and south and the La Costa Golf Course to the north. The proposed project will combine the three existing parcels into one underlying lot and 15 airspace condominiums will be developed on the new lot. There are two three-story buildings proposed with subterranean parking. Nine units will be located in Building 1 and six units will be located in Building 2. Access to the site is from Gibraltar Street and the project’s internal private driveways will provide access to surface visitor parking spaces and the subterranean parking level. The buildings will not exceed 35’ in height and will comply with all standards of the RD-M Zone and Planned Development Ordinance. The units will range in size fiom 1,536 to 1,672 square feet. A 4,681 square foot common passive recreation area will be located in the northern comer of the subject site. The site was previously graded into two stepped pads which overlook the La Costa Golf Course, which is approximately 13 feet below the subject site. The project site is comprised of three existing parcels, two of which form a rectangle, and their General Plan designation is Residential High Density (RH) with a corresponding Zoning designation of Residential Multiple (RD-M). The third parcel is triangular in shape and extends out fiom the northeastern comer. The existing General Plan designation of this parcel is Open Space (OS) and it is Zoned Planned Community (P-C). The applicant is requesting to change the General Plan and Zoning designations of the triangular parcel to RH and RD-M, respectively, to be consistent with the rest of the site. The open space boundary was intended to follow the Golf Course limits and any assdciated floodplain areas. However, the property is not part of the Golf Course, and the entire site was graded into development pads accessible fiom Gibralter Street. The applicant is proposing to amend the General Plan and Zoning designations to RH and RD- M over the entire property. The proposed amendments will be consistent with the other two parcels on the project site and are compatible with the surrounding neighborhood. 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 (EL4 Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A copy of the initial study (EL4 Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: , pursuant to City Council Resolution No. ATTEST: DON NEU Assistant Planning Direct 1635 Faraday Avenue Carlsbad, CA 92008-731 4 (760) 6024600 FAX (760) 602-8559 www.ci.carlsbad.ca.us ENVlROMMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: GPA 04-14/ ZC 04-09/CT 04-05/CP 04-01 DATE: September 23,2004 BACKGROUND 1. CASE NAME: Vista La Costa 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad. 163 5 Faradav Avenue, Carlsbad, CA 92008 3. CONTACT PERSON AND PHONE NUMBER: Saima Oureshv - (760) 602-4619 4. PROJECT LOCATION: North Side of Gibraltar Street, South of La Costa Golf Course, between Jerez Court and Romeria Street (A€" - 216-290-20.21: 216-130-68) 5. PROJECT SPONSOR'S NAME AND ADDRESS: Dr. Shahla Abedi and Dr. Esrafil Abedi: 22892 Ocean Breeze Way. Lama Nipruel, CA 92677 6. GENERAL PLAN DESIGNATION: RH (19 ddac), OS 7. ZONING: RD-M (Residential Densitv-Multiple). P-C (Planned Community) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (1.e.' permits, financing approval or participation agreements): None / 9. PROJECT DESCRIPTION/ E"MENTAL SETTING AND SURROUNDING LAND USES: Request for approval of a General Plan Amendment, Zone Change. Tentative Tract Map, and Condominium Permit for the development of a 15-unit air-space condominium moiect. The subiect site is located on the north side of Gibraltar Street, south of the La Costa Golf Course between Jerez Court and Romeria Street. The proposed proiect consists of three vacant lots totaling 0.88 acres. The site is surrounded bv multi-family condominiums to the east, west and south and the La Costa Golf Course to the north. The proposed project will combine the three existing parcels into one underlving lot and 15 airspace condominiums will be developed on the new lot. There are two three-story buildings proposed with subterranean parking. Nine units will be located in Building 1 and six units will be located in Building. 2. Access to the site is from Gibraltar Street and the proiect's internal private driveways will provide access to surface visitor parking spaces and the subterranean uarking level. The buildings will not exceed 35' in height and will complv with all standards of the RD-M Zone and Planned Development Ordinance. The units will range in size from 1,536 to 1.672 square feet. A 4.681 square foot common passive recreation area will be located in the northern comer of the subiect site. The site was previously graded into two steuped pads which overlook the La Costa Golf Course. which is approximately 13 feet below the subject site. The project site is comrised of three existing parcels. two of which form a rectangle. and their General Plan designation is Residential High Density (RH) with a corresponding Zoning desimation of Residential Multiple (RD-MI. The third parcel is trianprular in shape and extends out from the northeastern comer. The existing General Plan designation of this parcel is %en Space (0s) and it is Zoned Planned Community (P-C). The.applicant is requesting to change the General Plan 1 Rev. 07/03/02 14 and Zoning designations of the triangular parcel to RH and RD-M. resuectivelv, to be consistent with the rest of the site. The onen space boundary was intended to follow the Golf Course limits and any associated floodplain areas. However, the property is not part of the Golf Course, and the entire site was: graded into development pads accessible from Gibralter Street. The auplicant is proposing to amend General Plan and Zoning designations to RH and RD-M over the entire propertv. The uroposed amendments will be consistent with the other two parcels on the uroiect site and are compatible with the surrounding neicrhborhood. . 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 -Inc.orporated” as indicated by the checklist on the following pages. . c] Aesthetics Geology/Soils u Noise c] Agricultural Resources 0 Air Quality (E3 HydrologylWater Quality Public Services 0 Biologcal Resources 0 Land Use and Planning c] Recreation 0 Hazards/Hazardous Materials c] popu1ation and Housing 0 Cultural Resources 0 Mineral Resources 0 Transportatioflrafc 0 Utilities & Service systems u Mandatory Findings of Significance 3 Rev. 07/03/02 16 DETERMINATION. (To be completed by the Lead Agency) 17 IXI 17 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 th~s 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 E”MENTAL IMPACT REPORT is required. I find that the proposed project MAY have “potentially significant qact(s)” on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a simcant effect on the environment, there WILL NOT be a significant effect in th~s 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 @) 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. / Planner Signature Date Date #M Tcf Phmg Director’s Signature 4 Rev, 07/03/02 /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. Thls 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 preparean Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. 0 A brief explanation is required for all answers except ‘Wo Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the unpact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. 0 “Less Than Sigmficant Impact” applies where there is supporting evidence that the potential impact is not significantly adverse, and the unpact 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. 0 “Potentially Sigmficant Impact” is appropriate if there is substantial evidence that an effect is significantly adverse. 0 Based on an “EIA-Part 11”, if a proposed project could have a potentially significant adverse effect on the environment, but potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circdtances 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. ’ 0 When “Potentially Sidcant 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. 0 A Negative Declaration may be prepared if the City perceives no substantial evidence that the project QT If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there any of its aspects may cause a significant adverse effect on the environment. e are mitigation measures to clearly reduce adverse impacts to less than sigruficant, 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 Sipficant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation- measures that reduce the adverse impact to less than sigmficant; (2) a “Statement of Ovemding Considerations” for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. . A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined signrficant. 6 /p Rev. 07/03/02 Issues (and Supporting Information Sources). I. AESTHETICS - Would the project: Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? Substantially degrade the existing visual character or quality of the site and its surroundings? Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? II. AGRICULTURAL RESOURCES - (In determining whether lmpacts to agricultural resources are siflcant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Conflict with existing zoning for agricultural use, or a Williamson Act contract? 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 sigruficance criteria established by the applicable air quality kgement or air pollution control district may be relied upon to make the following determinations.) Would the project: Conflict with or obstruct unplementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No - . Impact Incorporated Impact Impact . 0 I7 UIXI 0 ON 0 CIKI 0 IxIn 7 Rev. 07/03/02 40 Issues (and Supporting Information Sources). Potentially Significant Impact 0 c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project regon is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Expose sensitive receptors to substantial pollutant concentrations? 17 d) 0 e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES - Would the project: 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? 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? c) Have a substantial adverse effect on federally protected wetlands as defrned 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? 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 e> Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? [7 0 f) g) Impact tributary areas that are environmentally sensitive? Potentially Significant Unless Less Than Mitigation Significant Incorporated Impact IXI cl G 0 0 0 17 0 0 ’0 0 0 0 I7 0 No Impact 17’ rn [xi IXI [XI [xi IXI [xi 8 J/ Rev. 07/03/02 Issues (and Supporting Information Sources). V. CULTURAL RESOURCES - Would the project: Potentially Significant Unless Less Than Mitigation Significant Incorporated Impact Potentially Significant Impact No - Impact . 0 0 0 IXI a) Cause a substantial adverse change in the si@icance of a historical resource as defined in 5 15064.5? 0 0 b) Cause a substantial adverse change in the sipfi- cance of an archeological resource pursuant to 5 15064.5? c) Directly or indirectly destroy a unique pale ontologxal resource or site or unique geologic feature? 0 0 d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: U 0 Ixi 0 i. Rupture of a hown earthquake fault, as deheated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. / IXI El Ixl ii. Strong seismic ground shalang? iii. Seismic-related ground failure, including liquefaction? 0 0 0 IXI u iv. Landslides? b) Result in substantial soil erosion or the loss of ' topsoil? U c) 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? Ixi U d) Be located on expansive soils, as defined in Table 18 - l-B of the Uniform Building Code (1997), creating substantial risks to life or property? -Rev. 07/03/02 $2 9 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 within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or 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, includmg where wildlands are adjacent to Lrbanized areas or where residences are intennixed with wildlands? MII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? 10 Potentially Significant Impact 0 0 0 0 0 0 0 0 Potentially Significant Unless Mitigation Incorporated 0 0 0. cl 0 0 Ixl Less Than Significant Impact 0 0 '0 0 0 0 0 Rev. 07/03/02 No Impact Ix1 !XI [XI [xi Ixi Ixl Ix1 [xi- I8 0 Issues (and Supporting Information Sources). Potentially Significant 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 (ie., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for whch permits have been granted)? c) Impacts to groundwater quality? 0 d) Substantially alter the existing drainage pattern of the site or area, includmg 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? 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? o 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? g) Otherwise substantially degrade water quality? h) Place housing with 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 i) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? 0 j) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? 0 k) Inundation by seiche, tsunami, or mudflow? 1) Increased erosion (sedment) into receiving surface waters. 0 m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? Potentially Significant Mitigation Significant No Unless Less Than Incorporated Impact Impact - . ow 0 ow 0 OW 0 OW BO IXI. OH n ow IXIO 11 Rev. 07103lO2 Issues (and Supporting Information Sources). Potentially Significant Unless Less Than Mitigation Significant Incorporated Impact Potentially Significant Impact No Impact 0 0 0 IXI n) Changes to receiving water quality (marine, fresh or wetland waters) dunng or following construction? 0) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? 1x1 3 1x1 p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? 0 IX LANDUSE AND PLAMYING - Would the project: a) Physically divide an established community? cl 0 0 0 0 IXI (XI 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? (XI c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 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? IXI 17 IXI b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, spec~c plan, or other land use plan? XI. NOISE - Would the project result in. 0 0 0 a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or apphcable standards of other agencies? 0 IXI 0 17 b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? 0 c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 0 0 d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Rev. Q7IQ3lQ2 12 Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) For a project located within an airport land use plan or, where such a plan has not been adopted, wib 2 miles of a public airport or public use airport, would the project expose people residing or worlung in the project area to excessive noise levels? 0 ow 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? XU. POPULATION AND HOUSING - Would the project: 0 0 a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? urn OIXI b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? WI. PUBLIC SERVICES a) Would the project result in substantial adverse physical irnpacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of whch could cause significant environmentd' impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: 0 0 uw i) Fire protection? ii) Police protection? 0 0 m-- iii) Schools? 0 0 0 0 iv) Parks? v) Other public facilities? XIV. RECREATION 0 ow a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Rev. 07IQ3lQ2 26 13 Issues (and Supporting Jiformation Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact . o 0 0 (XI' 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/TRAFFC -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 vehcle 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 highways? Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access? Result in insufficient parking capacity? Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? 0 0 0 0 0 0 XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) 0 0 0 0 Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) 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? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? c) 0 IX10 0 nIXI 0 nw 0 ,n IXI 0 '0 Ixl CI 0 0. Ixl 0 ntzl o[XI 0 [XI. 14 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Impact 0 Result in a determination by the wastewater .treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? 0 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? XVn. MANDATORY FINDINGS OF SIGNIFICANCE Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are indwidually limited, but cumulatively considerable? (“Cumula- tively considerable” means that the incremental effects of a project are considerable when viewed in conuection with the effects of past projects, the effects of other current projects, and the effects of probable htue projects?) c] 0 Does the project have environmental effects, which wdl cause the substantial adverse effects on human beings, either bectly or indirectly? 0 XVIII. EARLIER ANALYSES i Potentially Significant Unless Mitigation Incorporated 0 0 17 17 0 0 I Less Than Significant Impact cl IXI IXI No Impact ~ txI [XI [XI IXI 0 Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: ” more effects have been adequately analyzed in an earlier EIR or negative declaration. a) Earlier analyses used. Identrfy earlier analyses and state where they are available for review. b) Impacts adequately addressed. Idene 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 conktions for the project. 15 Rev. 07/03/02 DISCUSSION OF ENVIRONMENTAL EVALUATION PROJECT DESCRIPTION Request for approval of a General Plan Amendment, Zone Change, Tentative Tract Map, and Condominium Permit for the development of a 15-unit air-space condominium project. The subject site is located on the north side of Gibraltar Street, south of the La Costa Golf Course between Jerez Court and Romeria Street and currently consists of three vacant lots totahg 0.88 acres. ‘The site is surrounded by multi-family condominiums to the east, west and south and the La Costa Golf Course to the north. The proposed project will combine the three existing parcels into one underlying lot and 15 airspace condominiums will be developed on the new lot. There are two three-story buildings proposed with subterranean parking. Nine units wd1 be located in Building 1 and six units will be located in Building 2. Access to the site is from Gibraltar Street and the project’s internal private dnveways will provide access to surface visitor parking spaces and the subterranean parking level. The buildings will not exceed 35’ in height and will comply with all standards of the RD-M Zone and Planned Development Ordinance. The units will range in sue from 1,536 to 1,672 square feet. A 4,68 1 square foot common passive recreation area will be located in the northern comer of the subject site. The site was previously graded into two stepped pads which overlook the La Costa Golf Course, which is approximately 13 feet below the subject site. The project site is comprised of three existing parcels, two of which form a rectangle, and their General Plan designation is Residential High Density (RH) with a corresponding Zoning designation of Residential Multiple (RD-M). The third parcel is triangular in shape and extends out fiom the northeastern comer. The existing General Plan designation of this parcel is Open Space (OS) and it is Zoned Planned Community (P-C). The applicant is requesting to change the General Plan and Zoning designations of the triangular parcel to RH and RD-M, respectively, to be consistent with the rest of the site. The open space boundary was intended to follow the Golf Course limits and any associated floodplain areas. However, the property is not part of the Golf Course, and the entire site was graded into development pads accessible from Gibralter Street. The applicant is proposing to amend the General Plan and Zoning designations to RH and RD-M over the entire property. The proposed amendments will be consistent with the other two parcels on the project site and are compatible with the surrounding neighborhood. . AESTHETICS No Impact. The project will not have a substantial adverse effect on a scenic vista since the site is located in an urbanized area and will be constructed in compliance with the maximum 35’ height limitation allowed in the RD-M zone and the architectural guidelines contained in the Planned Development Ordinance. Development of the site with a multi-family condominium project would be consistent with the surrounding developmek pattern. AGRICULTURAL RESOURCES, No Impact. There will be no impact on agricultural resources due to the proposed project as the site is not designated as or used as fannland. The subject site is zoned for dti-family residential development (RD-M) and is not subject to a Williamson Act Contract. The project would not result in other changes to the environment that would result in the conversion of farmland to non-agricultural uses. The project would be characterized as infill development and has been surrounded by residential development for many years. AIR QUALITY-Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? Ne 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 (PM,o). The periodic violations of national Ambient Air Quality Standards (UQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland footlull areas, requires that a plan be developed outlining the pollution controls that wdl be undertaken to lmprove 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 (SNAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. Th~s local plan was combined with plans from 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 cotlsiderable analysis and debate, particularly regarding airsheds with the worst,smog problems, EPA approved the SIP in mid-1996. 16 Rev. 07/03/02 a9 The proposed project relates to the SIP andor RAQS through the land use and growth assumptions et 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 ixiconsistencies 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 attainment 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: Is a regional air quality plan being lmplemented 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 consistent 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 the City of Oceanside. Data available for this monitoring site through Apd, 2002 indicate that the most recent air quality 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 8-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 &om 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 coniribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than sipficant. / 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 Mted 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 15130 (a) (4), the proposed project’s contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. d) No Impact. As noted above, the proposed project would not result in substantial pollutant emissions ’or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? No Impact. The construction of the proposed project could generate fumes fiom the operation of construction equipment, whch 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. 17 Rev. 07/03/02 30 IV. BIOLOGICAL RESOURCES No Impact. The project site is a vacant, previously graded area which is surrounded by residential development. No native vegetation or habitats exist on or near the property. In addition, no sensitive or endangered species reside or use the property. The City’s Habitat Management Plan does not identify the site for preservation and no local policies or ordinances exist regarding the removal of mature non-native trees. Therefore, no adverse impacts to- biological resources will occur. V. CULTURAL RESOURCES No Impact. The subject site is a previously graded infill site which is surrounded by residential development and there will be no impacts on cultural resources. There are no known historical, archeological, paleontological, or human remains on the project site. VI. GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? Less than Significant Impact (a.i. to a.iv.) - There are no Alquist-Priolo Earthquake Fault zones wih the City of Carlsbad and there is no other evidence of active or potentially active faults within the City4 However, there are several active faults throughout Southern California, and these potential earthquakes could affect Carlsbad. The project site is located in an area of stable soil conditions and the risk of seismic-related ground failure or liquefaction is very minimal (according to City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992). In addition, a project specific Preliminary Geotechnical Evaluation was prepared by Geo Soh, Inc. dated January 13, 2004. The report states that the potential for liquefaction, earthquake induced settlement and lateral spread are considered to be low for the site because of the low susceptibility to liquefaction. The report also shows no evidence of landslides on or affecting the subject site. b) Result in substantial soil erosion or the loss of topsoil? No Impact. The project’s compliance with standards in the City’s Excavation and Gradmg Ordinance that prevent erosion’through slope planting and installation of temporary erosion control means will avoid substantial soil erosion impacts. c) 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? Potentially Significant Unless Mitigation Incorporated. The subject site has been previously graded. A project specdic Preliminary Geotechnical Evaluation was conducted by GeoSoils, Inc., dated January 13,2004. The report contains specific design, grading and construction recommendations which include removal of the existing undocumented fill for a depth of 10-20 feet across the site, reconstruction of the fill slope along the northern property line of the site and the use of post-tension foundation systems, if highly expansive soils are encountered at the site. All anticipated geotechnical issues will be reduced to a level less than significant through compliance with the mitigation measures recommended in the report. 18 Rev. 07/03/02 31 i d) Be located on expansive soils, as defined in Table 18 - I-B of the Uniform Building Code (1994), creating substantial risks to life or property? Less than Significant Impact. The report prepared by GeoSoils Inc., showed the soils that underlie the site have medium expansion potential. There is some potential for hghly expansive soils to be exposed at finish grade, and - the report provides recommendations for both medium and high expansion potential should such soils be encountered during site grading. No substantial risk to life or property is anticipated due to hazards typically found in expansive soils. - 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? No Impact. The proposed project does not propose septic tanks and will utilize the public sewer system. Therefore, there will be no lmpacts involving soils that support the use of septic tanks or alternative wastewater dsposal systems. W. HAZARDS AND HAZARDOUS MATERIALS No Impact. Based on the nature of a residential land use, there is no routine transport, use or disposal of hazardous materials. Therefore, there is no potential of a sigmfkant hazard associated with the project from accidents involving the release of hazardous materials into the environment, or from the emission of hazardous substances within the proximity of a school. The project site is not located within an area covered by an auport land use plan or an area where such a plan has not been adopted. However, the project site is located approximately 3.0 miles from the McClellan-Palomar Airport (public general aviation airport). The project site is not located within any flight, crash, or safety hazard zones associated with the airport. Therefore, the project will not result in a safety hazard for people residing on the project site. The project will not impair the implementation or physically interfere with any adopted emergency response plan or emergency evacuation since the project site is an dill site surrounded by urban development whch is adequately served by emergency services. There are no wildlands adjacent to the site that could expose people to significant risk from wildland fires. WI. / HYDROLOGY AND WATER QUALITY-Would the project: a) Violate any water quality standards or waste discharge requirements? Potentially Significant Unless Mitigation Incorporated. The applicant is required to comply with Order 2001-02 issued by the Regional Water Quality Control Board. A prelirnbpry Storm Water Management Plan dated June 8, 2004 was prepared for the project by O’Day Consultants to address existing and proposed pollutants of concern and what measures will be implemented to ensure that pollutant loads are not increased as a result of hs project, to the maximum extent practicable. 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 (Le., the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact. This project does not propose to directly draw any groundwater for potable or irrigation use. The project will be served via existing public water distribution lines adjacent to the site. c) Impacts to groundwater quality? NO Impact. This project is required to implement measures to reduce urban pollutants prior to discharge, thus groundwater quality will not be affected by this project. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? 19 Rev. 07/03/02 No Impact. Thls project does not propose to alter existing drainage patterns, or the course of a stream or river, that would result in erosion or siltation on or offsite. The Hydrology, Hydraulics and Detention Study by O’Day Consultants, dated January 22,2004, indicates that the site currently drains to an existing 48-inch RCP drainage pipe whch runs along the easterly boundary of the property, that is released to a channel on the adjacent golf course. The proposed project’s runoff will go through a new underground detention basin and then will flow to the existing 48-- inch pipe and the drainage channel. 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? No Impact. The project includes an underground detention basin in the northeastern portion of the site to reduce peak runoff to pre-development flows. Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) No Impact. The existing storm drain system as well as the planned system as identified in the City’s Master Drainage and Storm Water Quality Management Plan will adequately convey runoff from the subject site. Since this project maintains peak runoff to predevelspment flows, there is no additional impact to consider. Compliance with NPDES requirements ensure that the off-site flow does not increase pollutant discharges. g) Otherwise substantially degrade water quality? Less than significant impact. As a result of the project: 1) Implementing source BMP measures to avoid pollutant contact and; 2) Installing treatment BMP measures to remove pollutants from storm water, this project is not anticipated to contribute additional pollutants, to the maximum extent practicable. h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? No Impact. The proposed project is not located within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map. Therefore there will be no impacts regarding floodmg. / i) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? No Impact. The proposed project would not place structures with 100-year flood hazard areas. Therefore there wdl be no impacts fiom flooding. 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? k) No Impact (j 8~ k) - According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992, the project site is not located within any dam failure inundation area, or area subject to inundation by seiche or tsunami. Inundation by seiche, tsunami, or mudflow? Increased erosion (sediment) into receiving surface waters? m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? n) 0) 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? 20 33 Rev. 07/03/02 P) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? Less than significant impact (1, m, n, o & p) - The project is located adjacent to San Marcos Creek, a triiutary to Batiquitos Lagoon, and is within the San Marcos Watershed in the Carlsbad Hydrologic Unit in the San Diego - Region. San Marcos Creek is listed under section 303(d) of unpaired water bodies. The project will be required to comply with Order 2001-01 and the Storm Water Management Plan for tlus project. Drainage and development will be controlled via best management practices to ensure that pollutants loads are not increased to the maximu extent practicable. Therefore, the project will not adversely impact water quality. - IX. LAND USE AND PLANNING No Impact. The subject site is a previously graded, infill site whch is surrounded by multi-family residential development to the east, west and south and La Costa Golf Course to the north. Proposed residential development of the site will be compatible with and will integrate into the existing community. The project site is comprised of three existing parcels, two of which form a rectangle, and their General Plan designation is Residential High Density (RH) with a corresponding Zoning designation of Residential Density Multiple (RD-M). The third parcel is triangular in shape and extends out from the northeastern corner. The existing General Plan designation of hs parcel is Open Space (OS) and it is Zoned Planned Community (P-C). The applicant is requesting to change the General Plan and Zoning designations of the triangular parcel to RH and RD- M, respectively, to be consistent with the rest of the site. The open space boundary was originally intended to follow the Golf Course limits and any associated floodplain areas. However, the property is not part of the Golf Course, and the entire site was previously graded into development pads accessible from Gibralter Street. The applicant is proposing to amend the General Plan and Zoning designations to RH and RD-M over the entire property. The proposed amendments will be consistent with the other two parcels on the project site and are compatiile with the surrounding neighborhood. The subject site does not conflict with any habitat conservation plans or natural communities plans in that the property is designated as an “UrbanlDeveloped” area in the City’s Draft Habitat Management Plan. X. MINERAL RESOURCES NO Impact. There are no known mineral resources, of local importance or otherwise, on the pr6ject site. Therefore, the proposed project would not result in the loss of availability of such resources. XI. NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? No Impact - Based upon the nature of the proposed residential use, the project will not result in any activity that would generate excessive groundbourne vibration or groundbourne noise levels. In addition, the project site is not located adjacent to any use that generates excessive groundbourne vibration or groundbourne noise levels. 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? Less than Significant Impact (c & d) - Other than traffic generated noise, typical residential land uses do not generate a substantial amount of noise. With regard to temporary or periodic increase in noise levels, the only potential increase in noise would be from construction activity associated with the development project. The City incorporates standard regulations on all project construction activity to ensure that noise and other potential impacts to surrounding properties are not significant. Therefore, the proposed project will not result in a substantial 21 Rev. 07/03/02 34 permanent or temporary increase in ambient noise levels in the project vicinity above levels existing without the project. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or- working in the project area to excessive noise levels? 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? No Impact (e & f) - The project site is not located within an area covered by an airport land use plan or an area where such a plan has not been adopted. The project site is located approximately 3.0 miles from the McClellan- Palornar Airport (public general aviation airport). The project site is not located within any flight, crash, or safety hazard zones associated with the airport. Therefore, the project will not result in a safety hazard for people residing on the project site. XII. POPULATION AND HOUSING No Impact. The project would result in the development of 15 dwelling units on an infill site surrounded by, existing residential development that is served by existing roads and utilities and therefore, the project would not induce substantial growth either directly or indirectly. The project is proposed on vacant land and would not displace any existing housing or individuals. XIII. PUBLIC SERVICES No Impact. The project will result in 15 new dwelling units on 0.88 acres (17 unitslacre) which is slightly below the Growth Management Control Point of 19 ddac allowed on th~s site, with the proposed General Plan Amendment. The provision of public facilities within the Zone 6 LFMP, including fire & police protection, parks, libraries and other public facilities, have been planned to accommodate the projected growth in that area. Because the project will not exceed the total growth projections anticipated within the Zone 6 LFMP, all public facilities will be adequate to serve the proposed 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. XIV. RECREATION / No Impacts. As part of the City’s Growth Management Program, 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 within a park district (quadrant) must be provided. The project site is located wih Park District #4 in the Southeast (SE) Quadrant. The necessary park acreage to achieve the GMP standard (3 acres/1,000 population) for Park District ##4 was based upon the GMP dwelling unit limitation for the SE Quadrant, which is 17,379 units. The proposed project will result in 15 additional residential units in the SE Quadrant. However, those units were anticipated on this site under the City’s Growth Management Plan. The 15 proposed dwelling units on the site ata density of 17 units per acre will not exceed the growth control point (19 ddac) allowed by the site’s General Plan designation. The applicant is amending the General Plan designation on one of the parcels from Open Space to RH (Residential High Density). This amendment corrects the mapping error which assumed the triangular parcel to be part of the Golf Course limits and any associated floodplain area. The Parks and Recreation Element states that the park acreage demand for the SE Quadrant, based on the GMP dwelling unit limit, is 120.49 acres, and the anticipated park acreage to be provided at build-out will be 140.27 acres. Therefore, there will be adequate parkland withm the SE Quadrant, and the proposed development will not cause additional demand for parkland or expansion of recreational facilities. Because park facilities will be adequate to serve residential development on the site, any increase in use of park facilities generated from development of the site will not result in substantial physical deterioration of any park facility. XV. TRANSPORTATIONlTRC-Would the project: 22 Rev. 07/03/02 a) Cause an increase in traffic that is substantia1 in relation to the existing traffic load and capacity of the street system? Less Than Significant Impact. The proposed project will generate a total ADT of 120 vehicle trips. These trips were anticipated within the Circulation Element of the City’s adopted General Plan, under the designation of: Residential High Density (RH). mle 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 existing traffic load and capacity of the street system. Therefore the impacts from the proposed project are less than sigmficant. . 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: Existing ADT* - LOS Buildout ADT* Rancho Santa Fe Road 17-3 5 ‘‘A-D’’ 35-56 El Camino Real 27-49 “A-C” 33-62 Palomar Airport Road 10-57 “A-D” 30-73 SR 78 124-142 “F” 156- 180 1-5 199-2 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 78 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 full implementation of the region’s general and community plans. The proposed project is consistent with the general plan and, therefore, its traffic was dsed 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 bddout. 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 located more than 3.0 miles fiom the McClellan-Palomar Airport and is not located within the boundaries of mort Land Use Plan. Therefore, it would not result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) ‘No Impact. All project circulation improvements wdl 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 myact assessed. Substantially increase hazards due to a design feature or incompatible uses? e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. Result in inadequate emergency access? r) Result in inadequate parking capacity? 23 Rev. 07/03/02 36 No Impact. The project complies with the City’s parking requirements of 2 parking spaces per unit and 7 visitor spaces to ensure an adequate parking 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 proposed project does not conflict with adopted policies, plans, or programs supporting alternative transportation. XVI. UTILITIES AND SERVICES SYSTEMS No Impact - The proposed residential development will be required to comply with all Regional Water Quality Control Board Requirements. In addition, the Zone 6 LFMP anticipated that the project site would be developed with a high density residential use and wastewater treatment facilities were planned and designed to accommodate hture residential uses on the site. All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. The proposed density on the site wdl increase the demand for these facilities. However, the proposed density would not result in an overall increase in the City’s growth projection in the SE quadrant. Therefore, the project will not result in development that will result in a sidicant need to expand or construct new water facilitiedsupplies, wastewater treatment or storm water drainage facilities. Existing waste disposal services are adequate to serve the proposed residential use on the site without exceeding landfill capacities. In addition, the proposed residential development will be required to comply with all federal, state, and local statutes and regulations related to solid waste. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No Impact -The proposed residential project will not degrade the quality of the environment. ’The project site does not contain any fish or wildlife species. Therefore, the project will not reduce the habitat of a fish or wildlife species. The project site is a vacant previously graded, dill site which is surrounded by existing residential development. . The site is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal community. Therefore, the project will not threaten the number of a plant or animal comm~ty. In addition, there are no hutoric structures on the site and there are no known cultural resources on the site. The project will not result in the elimination of any important examples of California History or prehistory. b) .. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively 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?) 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 sigmficant cumulatively considerable impact. There are two regional issues that development withln 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 project 37 24 Rev. 07/03/02 would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the residential development would be minimal. Given the limited emissions potentially associated with the residential development of the site, air quality would be essentially the same whether or not the residential development is implemented. According to the CEQA Guidelines Section 15 130 (a)(4), the project’s contribution to the cumulative impact is considered de minimus. Any impact is assessed - as less than significant. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Aqort 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 residential development of the site will not result in a si&icant cumulatively considerable impact. c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact - Based upon the residential nature of the project and the fact that future development of the site will comply with all City standards, the project will not result in any direct or indxect substantial adverse environmental ef€ects on human beings. Any future residential development on the site will be required to comply with all applicable federal, state, regional and City regulations, which will ensure the development of the site will not result in an adverse impact on human beings, either dxectly or indirectly. 25 Rev. 07/03/02 38 EARLIER ANALYSIS USED AW SUPPORTING INFORMATION SOURCES . The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Citv of Carlsbad Geotechcal Hazards Analysis and Mamine: Studv, November 1992. 2. Citv of Carlsbad Habitat Management Plan for Natural Communities in the Citv of Carlsbad, December 1999. 3. Preliminary Geotechcal Evaluation, GeoSoils, Inc., January 13,2004. 4. Preliminary Storm Water Management Plan for Vista La Costa, O'Day Consultants, June 8,2004. 26 Rev. 07/03/02 39 LIST OF MITIGATION MEASURlES GEOLOGY 1. Mhgation Measures as stated in the Preliminary Geotechnical Evaluation prepared by GeoSoils, Inc., dated January 13,2004. . HYDROLOGY AND WAl'ER OUALITY 2. Mitigation measures as stated in the Pre- Storm Water Management Plan for Vista La Costa prepared by O'Day Consultants, dated June 8,2004. THIS IS TO CERTLFY THAT I HAVE REVIEWED THE ABOVE MITIGATION MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. 27 i Rev. 07/03/02 M? ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 1 of 1 IC C C 0 Lc: 3 il NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MAU. ROOM 364 sncAAMENT6. CA 95814 816) 6534082 (976) 657~ - Fax November 30,2004 Ms. Carol Gaubatz Program Analyst Native American Heritage Commission 915 Capitol Mall, Room 364 Sacramento, CA 9581 4 RE: VISTA LA COSTA - PROJECT COMMENTS DATED NOVEMBER 19,2004 Dear Ms. Gaubatz: Thank you for your comments on the Mitigated Negative Declaration for Vista La Costa project, in the City of Carlsbad. The subject site is an infill site which was previously graded and is surrounded by existing residential development on three sides. The proposed project is for the development of 15 air space condominiums. There are no known historical, archeological paleontological or human remains on the project site. Since the site is already disturbed, no impact to cultural resources is assessed. If you have any additional comments or questions, please contact me at (760) 602-461 9. / Sincerely, Saima Qureshy, AlCP ) Associate Planner SQ:bd 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 - FAX (760) 602-8559 www.ci.carlsbad.ca.us #!? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5813 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM OPEN A 0.88 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: VISTA LA COSTA SPACE (OS) TO RESIDENTIAL HIGH (RH, 15-23 DU/AC) ON CASE NO: GPA 04-14 WHEREAS, Abedi Family Trust, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as That portion of the North half of the Southeast One-Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to official Plat thereof, in the City of Carlsbad, County of San Diego, State of California, described as Parcel No. 2 in a certificate of compliance recorded on August 27, 1984 as file no. 84-325375 of Official Rycords of said San Diego County (“the Property”); and WHEREAS, said application constitutes a request for a General Plan Amendment as shown on Exhibit “GPA 04-14” dated January 5, 2005, attached hereto and on file in the Planning Department, VISTA LA COSTA - GPA 04-14 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 5th day of January, 2005, 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. 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 RECOMMENDS APPROVAL of GPA 04-14 - VISTA LA COSTA based on the following findings and subject to the following conditions: Findings: 1. The proposed change in General Plan land use designation from Open Space (OS) to Residential High (RH, 15-23 du/ac) for Parcel No. 216-130-68 is consistent with the General Plan, the Zoning Ordinance, and the existing land use, in that the existing designation of OS is a mapping error. The subject parcel was presumed to be at a lower elevation and within the floodplain of San Marcos Creek. The subject site was also originally a part of La Costa Golf Course property. More accurate mapping has shown that this property is clearly well above and outside of the floodplain, located 13 feet higher than the golf course and was graded as part of the upland lots for proposed residential development. The proposed RH General Plan land use designation will be implemented by the proposed RD-M zoning on the property. The RH General Plan land use designation will be consistent with the RH designation of the adjacent two parcels and will be consistent with surrounding properties which are designated as RH and developed with multi-family residential projects. 1 Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and ZC 04-09 and is subject to all conditions contained in Planning Commission Resolutions No. 5812 and 5814 for those other approvals incorporated herein by reference. ... ... ... ... ... ... ... PC RES0 NO. 5813 -2- 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, held on the 5th day of January 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton NOES: ABSENT: ABSTAIN: JEW N. SEGAL@airperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RES0 NO. 5813 -3- GPA 04-14 - Vista La Costa Januarv 5,2005 Related Case File No@): ZC 04-09/CT 04-05KP 04-01 G.P. Map Designation Change Property I From: I To: A. 21 6-1 30-68 I os I RH I I Attach additional pages if necessary I 4? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5814 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM PLANNED COMMUNITY (PC) TO RESIDENTIAL DENSITY - MULTIPLE (RD-M) ON A 0.88 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE OF GIBRALTAR STREET, SOUTH OF THE LA COSTA GOLF COURSE, BETWEEN JEREZ COURT AND ROMERIA STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: VISTA LA COSTA CASE NO: ZC 04-09 WHEREAS, Abedi Family Trust, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as That portion of the North half of the Southeast One-Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to official Plat thereof, in the City of Carlsbad, County of San Diego, State of California, described as Parcel No. 2 in a certificate of compliance recorded on August 27, 1984 as file no. 84-325375 of Official Records of said San Diego County / (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit “ZC 04-09” dated January 5, 2005, attached hereto and on file in the Planning Department, VISTA LA COSTA - ZC 04-09 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 5th day of January, 2005, 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 49 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of ZC 04-09 - VISTA LA COSTA based on the following findings and subject to the following conditions: Findings: 1. That the proposed Zone Change from Planned Community (PC) to Residential Density Multiple (RD-M) is consistent with the goals and policies of the various elements of the General Plan, in that the subject triangular parcel was originally a part of the La Costa Golf Course property and was mapped within the floodplain of San Marcos Creek. However, the triangular parcel is at a higher elevation, was graded as part of the upland lots, not the golf course, and subsequent, more accurate mapping, has shown that this property is clearly well above and outside of the floodplain. The new RD-M zoning designation will be consistent with surrounding properties which are also zoned RD-M. 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 zone designation shown on Exhibit “ZC 04-09” attached hereto, will implement the proposed General Plan Land Use designation of Residential High Density (RH, 15-23 du/ac). 3. That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that residential uses allowed by the proposed zone change are compatible with the adjacent multifamily residential uses. Conditions: 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and GPA 04-14 and is subject to all conditions contained in Planning Commission Resolutions No. 5812 and 5813 for those other approvals incorporated herein by reference. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “ fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. -2- 49 PC RES0 NO. 5814 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 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 5th day of January 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton NOES: ABSENT: ABSTAIN: /7 JE~ N. SEGALL,&rperson CARLSBAD PLANNING COMMISSION ATTEST: c DON NEU Assistant Planning Director PC RES0 NO. 5814 The City of Carlsbad Planning Department EXHIBIT 5 A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: January 5,2005 Application complete date: September 15,2004 Project Planner: Saima Qureshy Project Engineer: John Maashoff SUBJECT: GPA 04-14/ZC 04-09/CT 04-05/CP 04-01 - VISTA LA COSTA - Request for approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change, Tentative Tract Map, and Condominium Permit to develop a 15-unit residential condominium project on a 0.88 acre site generally located on the north side of Gibraltar Street, south of the La Costa Golf Course, between Jerez Court and Romeria Street, within Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5812 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 5813, 5814, 5815, and 5816 RECOMMENDING APPROVAL of General Plan Amendment GPA 04-14 and Zone Change ZC 04-09 and APPROVING Tentative Tract Map CT 04-05 and Condominium Permit CP 04-01 based on the findings and subject to the conditions contained therein. / 11. INTRODUCTION The applicant is proposing to develop a previously graded vacant site totaling 0.88 acres with a 15-unit air space condominium project located on the north side of Gibraltar Street, south of the La Costa Golf Course between Jerez Court and Romeria Street. The development of the proposed condominium project requires the processing and approval of a General Plan Amendment (GPA), Zone Change (ZC), Tentative Tract Map (CT) and Condominium Permit . (CP). The project proposes a density of 17 dwelling units per acre which is slightly below the Growth Management Control Point density of 19 dwelling units per acre for the Residential High (RH) General Plan designation (15-23 ddac) for the subject site. The project as designed and conditioned is in compliance with all City standards including the General Plan, Subdivision Ordinance, Planned Development Ordinance, and Residential Density-Multiple (RD-MJ zoning regulations of the Carlsbad Municipal Code (CMC). The project will not have a significant effect on the environment and a Mitigated Negative Declaration has been prepared for the project. The project conforms to all applicable standards, there are no outstanding project issues, and all necessary findings can be made for the approval being requested. City Council action is required on the proposed General Plan Amendment and Zone Change. GPA 04-14/ZC 04-09/CT 04-05/CP 04-01- VISTA LA COSTA January 5,2005 111. PROJECT DESCRIPTION AND BACKGROUND The subject site is 0.88 acres in size and is located on the north side of Gibraltar Street, south of the La Costa Golf Course between Jerez Court and Romeria Street. The site was previously graded into two stepped pads which overlook the La Costa Golf Course, which is approximately 13 feet below the subject site. The project site is comprised of three existing parcels, two of which form a rectangle, and their General Plan designation is Residential High Density (RH) with a corresponding Zoning designation of Residential Multiple (RD-M). The thxd parcel is triangular in shape and extends out fiom the northeastern comer. The existing General Plan designation of this parcel is Open Space (OS) and it is Zoned Planned Community (P-C). The applicant is requesting to change the General Plan and Zoning designations of the triangular parcel to RH and RD-M, respectively, to be consistent with the rest of the site. General Plan Amendment and Zone Change: The triangular parcel was originally a part of the Golf Course property, and was mapped within the floodplain of San Marcos Creek. The designation of this parcel as open space was based on these assumptions. However, the triangular parcel is at a higher elevation, was graded as part of the upland lots, not the Golf Course, and subsequent, more accurate mapping, has shown that this property is clearly well above and outside of the floodplain. The project site topography includes level development pads over the three existing parcels, with a slope bank along the northerly edge of the property. The project site has been graded into pads adjacent to Gibraltar Street, presumably when the surrounding areas were originally developed and the street system constructed. Physically, the triangular parcel is indistinguishable from the adjacent property. / The La Costa Master Plan and the 1982 zoning map show a zoning boundary that parallels Gibraltar Street. The zoning boundary abuts the floodplain designation and also encompasses the PC zoning of the golf course, which seems to indicate that the triangular parcel was thought to be included in the floodplain and the golf course. . A Boundary Adjustment was completed and a Certificate of Compliance was approved in 1984 which associated this property with the adjacent residential parcels, presumably because of its location approximately 13 feet higher than the surrounding property, and its non-use by the golf course. In June 1984, the triangular parcel was sold by the La Costa Hotel and Spa to a private development company. Since that time, the entire 0.88 acres has been transferred between several subsequent owners as a single piece of property. On subsequent General Plan and Zoning maps, it appears that the original boundaries based on the old floodplain and golf course lines were repeated, rather than adjusted to reflect the field conditions of the property, the association with adjacent parcels, or the Certificate of Compliance. Based on the history of this parcel, the open space boundary clearly was intended to follow the golf course limits and any associated floodplain areas. Since the property is not part of the golf course, and the entire site was graded into development pads accessible from Gibraltar Street, this application is proposing to amend the General Plan and Zoning designations to place the RH GPA 04-14/ZC 04-09/CT 04-05/CP 04-01- VISTA LA COSTA January 5,2005 and RD-M designations over the entire property. The proposed amendments create consistency across the project site and are compatible with the surrounding neighborhood. Grading: The proposed project will combine the three existing parcels into one underlying lot, and the proposed 15 airspace condominium units will be built on it. In the Geotechnical Evaluation dated January 13, 2004, by GeoSoils, Inc. it was found that a large portion of the previously graded site contains undocumented fill which must be removed and replaced across the site for a depth of 10 to 20 feet. Upon replacement of re-compacted soil, the site will be graded to maintain its existing topography and will consist of two large stepped pads, vertically offset by 4.5 feet. The two underground parking garages, located beneath each building, will also be constructed to follow the existing grade of the site. There will be approximately 32,600 cubic yards of remedial grading on the site. Standard grading will involve 4,320 cubic yards of cut and 600 cubic yards of fill, with a net export of 3,720 cubic yards. The existing slope along the northerly boundary was constructed at a 1.5: 1 grade. This slope is proposed to be re-graded both onsite and offsite to a more standard 2:l grade for slope stability and revegetation. Proposed Project: There are two 3-story buildings proposed, each containing its own combination of three unit types. Building 1 is the larger of the two, containing nine units and all three floor plans. It does not exceed 35 feet in height on any elevation. Building 2 contains six units, all of which offer the floor plan “B” configuration. The building height to the roof peak is also a maximum of 35 feet. There are two chimney towers and an elevator $haft that extend higher, to a maximum of 42.67 feet. The three floor plan types range fiom 1,536 square feet to 1,672 square feet, and are comprised of two and three bedroom units. Each unit can be accessed from two stairwells or an elevator, all of which descend to the parking garage on the basement level. In addition, all floor plans have been designed to be handicapped accessible. - All ground level units provide private patios accessible kom the living room or the master bedroom suite. All second and third story units provide private balconies accessible fiom the living room or the master bedroom suite. All units contain enclosed, secure storage areas in front of their two designated parking spaces on the basement level. The storage closets range from 457 cubic feet to 572 cubic feet. Floor Plan “A” comprises 20% of the unit mix, and is offered.on all three floors of Building 1. It is the middle unit, totaling 1,536 square feet with three bedrooms and two bathrooms. Floor Plan “B” comprises almost half of the unit mix, and is offered in one unit on the ground floor of Building 1 and all six units in Building 2. It totals 1,570 square feet, and has three bedrooms and three bathrooms. Floor Plan “C” is provided in five units located on all three floors of Building 1. It is an end unit, totaling 1,672 square feet, and has three bedrooms and three bathrooms. 53 GPA 04-14lZC 04-09lCT 04-05lCP 04-01- VISTA LA COSTA January 5,2005 Floor Plan Area (sq. ft.) A 1,536 B 1,570 C 1,672 No. of Units No. BR/BA % of Total Bldgl Bldg2 3/2 3 N/A 20.0% 313 1 6 46.7% 313 5 NIA 33.3% I Total I 15 I 100% I Access and Parking: A 24-foot wide private driveway provides access to the site from Gibraltar Street. There are two separate subterranean parking garages proposed to be located beneath each building. Each parking garage contains two parking spaces for every unit located in the building above it. Access to each garage is provided by two stairways or an elevator, whch also provides access to each of the residential levels. There are seven visitor parking spaces provided in a surface lot at the southeast comer of the site. A series of sidewalks and accessible pathways provide pedestrian circulation throughout the site. They will be designated with enhanced paving in locations where they cross over the private driveway. Architecture: The architectural theme for this project is Spanish Colonial Revival. It utilizes classic elements and design features. The design uses a variety of exterior doors, small accent windows, exposed rafters, support columns, decorative chimneys, and towers around the two elevator shafts. A notable feature is the elevated porches spanning the length of each building, framed by arched facades that tie in with the roofs, creating a central courtyard along each fiont elevation. Planters containing tall ornamental trees are proposed to be plaLed between the exterior porches and the front building walls for added privacy within each unit. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. B. C. D. E. General Plan RH (Residential High Density) designation; RD-M Zone (Residential Density-Multiple) and Planned Development regulations (Chapters 21.24 and 21.45 respectively of the Carlsbad Municipal Code); Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); Inclusionary Housing Ordinance (Chapters 21.85 & 21.53 of the Carlsbad Municipal Code); and Growth Management Regulations (Chapter 21.90 of the Carlsbad Municipal Code). 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. GPA 04-14/ZC 04-091CT 04-05/CP 04-01- VISTA LA COSTA January 5,2005 A. General Plan The proposed project is consistent with the policies and programs of the General Plan. The property has a General Plan designation of RH which allows the development of multi-family residential units at a density of 15-23 dwelling units per acre with a growth control point of 19.0 dwelling units per acre. The proposed density of the project, at 17 dwelling units per acre, is within the density range of the RH designation, but below the growth management control point (19 ddac) used for the purpose of calculating the City’s compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City’s certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City’s share of the regional housing need that are not utilized by developers in approved projects, are deposited in the City’s Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfl the City’s share of the regional housing need. The project proposes 15 condominium units being developed on a 0.88 acre lot. The project complies with all the elements of the General Plan as outlined in Table 1 below: ELEMENT I Land Use Housing I- Noise Table 1 - GENERAL PLAN C USE, CLASSIFICATION, GOAL OBJECTIVE OR PROGRAM Site is designated for Residential-High (1 5-23 ddacre) w/ growth management control point of 19.0 du/ac. 15% inclusionary housing requirement per Objective 3.6. Provide project review that allows consideration of seismic and geologic hazards. Residential interior noise standards of 45 dBA CNEL. Exterior noise level of 60 dJ3 (A) CNEL in private open space areas. IMPLIANCE PROPOSED USES & IMPROVEMENTS 15 Multi-family residential units at 17 ddac. / Project will purchase 3 off-site affordable unit credits within the Villa Loma Project. Project improvements will not significantly impact or be impacted by geologic or seismic conditions with the implementation of mitigation measures stated in the project’s geology report. The project is located on a local street and is not located within the noise impact area of the airport. COMPLY Yes Yes Yes Yes GPA 04-14/ZC 04-09KT 04-05/CP 04-01- VISTA LA COSTA January 5,2005 ELEMENT Open Space & Conservation Circulation Table 1 - GENERAL PLAN COMPLIANCE USE, CLASSIFICATION, GOAL OBJECTIVE OR PROGRAM Minimize environmental impacts to sensitive resources within the City. Utilize Best Management Practices for control of storm water and to protect water aualitv. Requires new development to construct improvements needed to serve proposed development. PROPOSED USES & IMPROVEMENTS The project site is a previously graded site. No impacts assessed. The project will conform to all NPDES requirements. All public facilities including curb, gutter and sidewalk will be constructed along the property frontage. COMPLY Yes Yes Proposed Amendment to the General Plan: The project site is comprised of three existing parcels, two of which form a rectangle, and their General Plan designation is Residential High Density (RH) with a corresponding Zoning designation of Residential Multiple (RD-M). The third parcel is triangular in shape and extends out from the northeastern corner. The existing General Plan designation of this parcel is Open Space (OS) and it is Zoned Planned Community (P-C). The applicant is requesting to change the General Plan and Zoning designations of the triangular parcel to RH and RD-M, respectively, to be consistent with the rest of’the site. The triangular parcel was originally a part of the La Costa Golf Course property, and was mapped within the floodplain of San Marcos Creek. The designation of this parcel as open space was apparently based on these assumptions. However, the triangular parcel is at a higher elevation, graded as part of the upland lots, not the golf course, and subsequent, more accurate mapping, has shown that this property is clearly well above and outside of the floodplain. The La Costa Master Plan and the 1982 Zoning map show a zoning boundary that parallels Gibraltar Street. The zoning boundary abuts the floodplain designation and also encompasses the PC zoning of the golf course, which seems to indicate that the triangular parcel was thought to be included in the floodplain and the golf course. A Boundary Adjustment was completed and a Certificate of Compliance was approved in 1984 which associated this property with the adjacent residential parcels, presumably because of its location approximately 13 feet higher than the surrounding property and its non-use by the golf course. In June 1984, the triangular parcel was sold by the La Costa Hotel and Spa to a private development company. Since that time, the entire 0.88 acres has been transferred between several subsequent owners as a single piece of property. On subsequent General Plan and Zoning maps it appears that the original boundaries based on the old floodplain and golf course lines were repeated, rather than adjusted to reflect the field conditions of the property, the association with adjacent parcels or the Certificate of Compliance. 5% GPA 04-14/ZC 04-09/CT 04-05/CP 04-01- VISTA LA COSTA January 5,2005 STANDARD PERMITTED/REQUIRED Max. Lot Coverage (RD-M) 60% Min. Front Yard Setback Min. Side Setback (RD-M) 5’ Min. Rear Setback (RD-M) 107 (PD Setbacks) Max. Building Height (PD/RD-M) 35’ Minimum Building Separation (PD) of 1 O’between structures 15 ’ average Setback fiom driveway (residence) 8’ 20’ average with a minimum Based on the history of this parcel, the open space boundary clearly was intended to follow the golf course limits and any associated floodplain areas. Since the property is not part of the golf course, and the entire site was graded into development pads accessible fiom Gibraltar Street, this application is proposing to amend the General Plan and Zoning designations to place the RH and RD-M designations over the entire property. The proposed amendments create consistency across the project site and are compatible with the surrounding neighborhood. PROPOSED 27% 15’ minimum 5’ minimum 25’ minimum 8’ minimum 35’ maximum 40’ minimum C. RD-M ZoningKondominium (Planned Development) Visi tor Parking The proposed project is subject to the RD-M Zone regulations and the Planned Development (PD) regulations. The PD regulations provide the development standards for condominium projects. 1 covered/l uncovered unit 7 spaces 7 spaces The proposed three-story structures, with a building height of 35 feet, will be compatible with existing and proposed developments and comply with all of the requirements of the RD-M zone and the Planned Development regulations for multi-family developments. The project will be compatible in size, scale, and design with the surroundmg multi-family/condominium projects. Access to the site meets all Fire Department and Engineering Department standards and the proposed parking (2 spaces per unit and 7 guest parking spaces) meets the parking requirements. Private Recreational Space Common Recreation Area Table 2 illustrates how the project complies with the applicable RD-M zoning and PD development regulations. lo’ x lo’patio or 6’ x lo’ balcony/du 200 sq. ft. of community Patios - 12’ x lo’ or Balconies - 12’ x 7’ 4,681 sq. ft. RV Storage 1 Resident Parking I 2 spaceddu- I 2 covered spaces for each recreational space per unit (3,000 sq. ft. total) Required for projects with 25 units or more N/A I Storage Space I 392 cubic feet/unit I 457 to 572 cubic feet/unit GPA 04-14/ZC 04-09/CT 04-05/CP 04-01- VISTA LA COSTA January 5,2005 Pane 8 STANDARD IMPACTS City Administration 55.59 sq. ft. D. Subdivision Ordinance COMPLIANCE Yes The Engineering Department has reviewed the proposed tentative map and has concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance (CMC Title 20). The project is conditioned to install all infrastructure improvements concurrent with the development. Access to the site will be from Gibraltar Street. The proposed building setbacks will allow for adequate air circulation and the opportunity for passive heating and cooling. Library I 29.67 sq. ft. Waste Water Treatment I15EDU E. Inclusionary Housing Yes Yes The City’s hclusionary Housing Ordinance (CMC Chapter 21.85) requires that a minimum of 15% of all approved units in any qualified residential subdivision be made affordable to lower income households. The inclusionary housing requirement for this project would be 3 dwelhg units. The applicant is proposing to satisfy this requirement by purchasing three off-site affordable housing credits within the nearby Villa Lorna Affordable Housing Project. An , application is being processed for ths request. Parks Drainage F. Growth Management \ 0.llac Yes 3 CFS Yes The proposed project is located within Local Facilities Management Zone 6 in the Southeast 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 3 below. Circulation Fire hen Space 120 ADT Yes Stations No. 2 & 6 Yes N/A Yes Schools Sewer Collection System Encinitas/San Dieguito Yes 15 EDU Yes *The project is 1.72 dwelling units below the Growth Management Dwelling Unit allowance of 19.0 dwelling units for the subject property. V. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordnance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts 58 GPA 04-14/ZC 04-09/CT 04-05/CP 04-01- VISTA LA COSTA January 5,2005 Page 9 to geology and soils and hydrology/water quality and mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have now been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration was published in the newspaper and sent to the State Clearinghouse for public agency review. A letter was received from the Native American Heritage Commission dated November 19, 2004 during the 30 days public review period fiom October 20, 2004 to November 19, 2004. The letter and staffs response are attached to this report. ATTACHMENTS : 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11: SQ:bd Planning Commission Resolution No. 5812 (MND) Planning Commission Resolution No. 5813 (GPA) Planning Commission Resolution No. 5814 (ZC) Planning Commission Resolution No. 5815 (CT) Planning Commission Resolution No. 5816 (CP) Location Map Background Data Sheet Local Facilities Impact Assessment Form Disclosure Statement Reduced Exhibits Exhibits “A” - “U” dated January 5,2005 BACKGROUND DATA SHEET CASE NO: GPA 04-14/ZC 04-09/CT 04-05/CP 04-01 CASE NAME: Vista La Costa APPLICANT: Abedi Family Trust REQUEST AND LOCATION: General Plan Amendment, Zone Change, Tentative Tract Map, and Condominium Permit to develop a 15-unit residential condominium proiect on an 0.88 acre site located on the north side of Gibraltar Street, south of the La Costa Golf Course between Jerez Court and Romeria Street, within Local Facilities Management Zone 6. LEGAL DESCRIPTION: All of Lots 376 and 377 of La Costa South Unit 5, accordinp to map thereof No. 6600, filed in the office of the County recorder of San Diego County on March 10, 1970 and that portion of the North half of the southeast one-quarter of section 36, township 12 south, range 4 west. San Bemardino Meridian. according to official plat thereof, in the City of Carlsbad, County of San Diego, State of California. F APN: 216-290-20, 21; 216-130-68 Acres: 0.88 Proposed No. of LotsNnits: 1 lot/15 airspace condominiums GENERAL PLAN AND ZONING Land Use Designation: RH, 0-S Density Allowed: 19.0 Existing Zone: RD-M, P-C Surrounding Zoning, General Plan and Land Use: Density Proposed: 17.0 Proposed Zone: RD-M / zoning General Plan Site RD-M, P-C RH, os North p-c os South RD-M RH East RD-M RH West RD-M RH Current Land Use Vacant La Costa Golf Course Multi-family Residential Multi-family Residential Multi-family Residential -- PUBLIC FACILITIES School District: Encinitas Union /San Diemito Unified Water District: Carlsbad Sewer District: Leucadia Wastewater Equivalent Dwelling Units (Sewer Capacity): 15 EDU ENVIRONMENTAL IMPACT ASSESSMENT 0 Negative Declaration, issued 0 Certified Environmental Impact Report, dated Other, Mitigated Negative Declaration LO CITY OF CAlUSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Vista La Costa - GPA 04-14/ZC 04-09/CT 04-05/CP 04-01 LOCAL FACILITY MANAGEMENT ZONE: 6 GENERAL PLAN: RH, OS ZONING: RD-M, P-C DEVELOPER’S NAME: Abedi Family Trust ADDRESS: 22892 Ocean Breeze Way, Lama Nimel, CA 92677 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 0.88 acres ESTIMATED COMPLETION DATE: A. City Administrative Facilities: Demand in Square Footage = 55.59 B. Library: Demand in Square Footage = 29.67 C. Wastewater Treatment Capacity (Calculate with J. Sewer) 15 EDU PHONE NO.: (949) 831-4144 ASSESSOR’S PARCEL NO.: 216-290-20,21; 216-130-68 D. Park: Demand in Acreage = 0.1 1 E. Drainage: Demand in CFS = 3 Identify Drainage Basin = D / F. Circulation: Demand in ADT = 120 G. Fire: Served by Fire Station No. = 2 & 6 H. Openspace: Acreage Provided = N/A I. Schools: Encinitas Union Elementary/San Diemito Union Hi& (Student Generation: Elementary = 1.63; Middle = 1.65; High = 1.65) J. Sewer: Demands in EDU 15 IS. Water: Demand in GPD = 3,300 L. The project is 2 dwelling units below the Growth Management Dwelling unit allowance. I City of Carlsbad 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 Coimcil or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until th~s information is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a Unit” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or Dartnershiu, include the names, title, addresses of all individuals owning more than 10% of the shares. E NO APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned comoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Dr. Shahla Abedi Corppart Dr. Esrafil Abedi Title Individual Title Individual / Address 22892 Ocean Breeze Way Address 22892 Ocean Breeze Way INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- Laguna Niguel, LA Y2-W 7 Laguna Niguel, GA YZ6// OWNER (Not the owner’s agent) Provide the COMPLETE, LEGAL names and addresses of persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a comoration or partnership, include the names, title, addresses of all individuals owning more. than 10% of the shares. IF NO MDTVIDUALS OWN MORE THAN 10% OF THE SKARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned cornoration. include the names, titles, and addresses of the corporate officers. (A separate page ma be attached if necessary.) person Abedi Family Trust CorpRart Title Trustee Title Trustee Address 22892 Ocean Breeze Way Address 22892 Ocean Breeze Way I&. ShaHa Abedi Dr. Esrafil Abedi Abedi Family Trust Laguna Nlguel, LA YZbl 7 Laguna NLguel, CA 92bI7 1635 Faraday Avenue Carlsbad, CA 92006-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us 6 3. 4. i NON-PROF" ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nomrofit organization or a trust. list the names and addresses of ANY person sewkg as an officer or hector of the non-profit organization or as trustee or beneficiary of the. Non Profiflrust N/A Non Profiflrust Title Title Address Address Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Co.uncil within the pas1 twelve (1 2) months? 17 Yes No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to. the best of my knowledge. /&!L?A;/ @*4 G2-h 4- &ilv?;l 3. q . c-p P Signature of owgkrldate Signature of applicantldate Dr. Shahla Abedi i &mfiI 4kd; Dr. 5bhh Abedi 4 or. SrAfr'l Akd; Print or type name of owner Print or type name of applicant / N/A Signature of owner/applicant's agent if applicable/date Print or type name of ownei/appIicantrs agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 113 Page 2 of 2 \ i13 ;i 1! i Y I wl I/ I I! I 1 I I! 1 a 1 ... .. .. .. i ' - --- li I I 13 c T I 1 1 1 7% a- z I- 4 > w -J w E! 76 8 N if 77 79 !i SNOILVATII i I' I I I i I i i I I 1 , , .-1 z I L I- L W 0 z 0 0 W L 0 v> z I a a n a a at a 83 qura11m PwwKI VlSO3 Vl VlSIA iawv z a I n z 0 F a > U W cf) z 0 0 U W I- s 0 (j R 0 / Planning Commission Minutes DRAFT p;~~BIT January 5,2005 2. GPA 04-14/ZC 04-09/CT 04-05/CP 04-01 - VISTA LA COSTA - Request for approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change, Tentative Tract Map, and Condominium Permit to develop a 15-unit residential condominium project on a 0.88 acre site generally located on the north side of Gibraltar Street, south of the La Costa Golf Course, between Jerez Court and Romeria Street, within Local Facilities Management Zone 6. Mr. Neu introduced Item 2 and stated Associate Planner Saima Qureshy would make the staff presentation. Chairperson Segall opened the Public Hearing on Item 2. Ms. Qureshy stated agenda Item 2, Vista La Costa, is a request to develop a 15 unit residential condominium on the subject site located on the north side of Gibraltar Street, south of the La Costa Golf Course, between Jerez Court and Romeria Street. The subject site is 0.88 acres in area. It is comprised of three existing parcels, two of which form a rectangle. The third parcel is triangular in shape and extends out from the northeastern corner. The site was previously graded into two stepped pads which overlook the La Costa Golf Course, which is approximately 13 feet below the subject site. The applicant is proposing to combine the three existing parcels into one underlying lot to develop the proposed project. Ms. Qureshy stated the applicant is proposing two 3-story buildings to develop 15 condominiums. Building 1 is the larger of the two, containing nine units and Building 2 will have 6 units located in it. There are three different floor plans proposed which range in size from 1,536 to 1,672 square feet and are comprised of 2 and 3 bedroom units. A passive recreation area is provided in the northern part of the site. Parking for the residents is located in subterranean garages and visitor spaces are located at-grade, accessible from on-site driveways. The architectural theme for this project is Spanish Colonial revival. The design uses a variety of exterior colors, small accent windows, exposed rafters and support columns. Elevated porches are provided framed by arched facades creating a central courtyard along each front elevation. As part of this project, the applicant is also proposing to amend GP and Zoning for the triangular parcel. This parcel is 0.18 acres in area. This parcel’s current GP designation is OS which is proposed to be changed to RH or Residential High Density and its zoning designation is Planned Community which is proposed to be changed to RD-M zone to be consistent with the rest of the site. This triangular parcel was originally a part of the Golf Course property, and was mapped within the floodplain of San Marcos Creek. The designation of this parcel as open space was based on those two assumptions. However, this parcel is at a higher elevation, about 13 feet higher than the golf course, it was graded as part of the upland lots, not the Golf Course, and current mapping, has shown that this property is clearly well above and outside of the floodplain. Based on this history, staff is supportive of the proposed General Plan amendment and Zone Change. The proposed GPA and ZC are consistent with neighboring properties. The proposed project is consistent with its GP designation of RH. It is consistent with the zoning designation of RD-M and Planned Development ordinance by complying with development standards for lot coverage, setbacks, height, parking spaces and provision of recreation area. The project is also found to be consistent with the subdivision ordinance. To comply with City’s affordable housing requirements, the project will purchase 3 affordable housing credits in Villa Loma project. A mitigated Negative Declaration is recommended for adoption for the project. Ms. Qureshy concluded her presentation and stated she would be available to answer any questions. Chairperson Segall asked if the applicant wished to make a presentation. Ann Gunter, Lightfoot Planning Group, gave a detailed presentation. Chairperson Segall asked if there were any further questions of the applicant. Planning Commission Minutes January 5,2005 Page 4 Commissioner Montgomery asked the applicant about the General Plan Amendment and Zone Change. The applicant stated that the triangular parcel is part of the upland lots, and a 1969 grading map for Gibraltar Street shows that the natural topography of all the three lots was similar and it was higher than the golf course. Chairperson Segall asked if there were any members of the audience who wished to speak on the item. Seeing none, he opened and closed public testimony. MOTION ACT1 ON : Motion by Commissioner Montgomery, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 5812 recommending adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and adopt Planning Commission Resolutions No. 581 3, 5814, 5815, and 5816 recommending approval of General Plan Amendment GPA 04-14 and Zone Change ZC 04-09 and approving Tentative Tract Map CT 04-05 and Condominium Permit CP 04-01 based on the findings and subject to the conditions contained therein. Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton VOTE: 7-0 AYES: NOES: None Chairperson Segall closed the public hearing on Item 2. PROOF OF PUBLICATION (2010 4% 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: January 2Sfh, 2005 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 28'h Day of January, 2005 This space is for the County Clerk's Filing Stamp Proof of Publication of liego County. IF THE CONSTRUCJION IS COMPLETE THE REGULAR MEETING WILL BEAT THECdUNClL CHAMBERS A J 1200 CARLSBAD VILLAGE DRIVE. PLEASE CHECK THE AGENDA ON-LINE OR CALL THE CITY CLERK'S OFFICE TO CONFIRM THE LOCATION OF THE CITY COUNCIL MEETING: (760) 434-2808. I I I' Signature Jane Olson NORTH COUNTY TIMES Legal Advertising From: Isabelle Paulsen To: legals@nctimes.com Date: 01/21/2005 9:06:23 AM Subject: Public Hearing notice: Vista La Costa Jane: Attached is a public hearing notice and map for Vista La Costa. Please place this ad in the Friday, January 28,2005 newspaper. This will be a simple legal ad with City seal and border. Thank you. Isabelle Paulsen, CMC Deputy Clerk City of Carlsbad City ClerWRecords Management ipaul@ci.carlsbad.ca.us cc: Karen Kundtz; Saima Qureshy; Val Dinsmore NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a public hearing at 6:OO p.m. on Tuesday, February 8, 2005, to consider adoption of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and approval of a General Plan Amendment and Zone Change more particularly described as: All of Lots 376 and 377 of La Costa South Unit No. 5, according to Map thereof No. 6600, filed in the office of the County recorder of San Diego County on March 10, 1970 and that portion of the North half of the Southeast One-Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to official Plat thereof, in the City of Carlsbad, County of San Diego, State of California, described as Parcel No. 2 in a certificate of compliance recorded on August 27, 1984 as file no. 84-325375 of Official Records of said San Diego County. NOTE: BECAUSE OF CONSTRUCTION RENOVATION OF THE COUNCIL CHAMBERS AT 1200 CA-BAD VILLAGE DRIVE, THE ANTICIPATED LOCATION OF THE COUNCIL MEETING WILL BE AT THE SCHULMAN AUDITORIUM, DOVE LIBRARY, 1775 DOVE LANE, CARLSBAD, CALIFORNIA. IF THE CONSTRUCTION IS COMPLETE, THE REGULAR MEETING WILL BE AT THE COUNCIL CHAMBERS AT 1200 CARLSBAD VILLAGE DRIVE. PLEASE CHECK THE AGENDA ON-LINE OR CALL THE CITY CLERKS OFFICE TO CONFIRM THE LOCATION OF THE CITY COUNCIL MEETING: (760) 434-2808. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available Friday, February 4, 2005. If you have any questions, please call Saima Qureshy in the Planning Department at (760) 602-4619. If you challenge the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, General Plan Amendment andlor Zone Change, 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 04-14/ZC 04-09 CASE NAME: VISTA LA COSTA PUBLISH: January 28,2005 CITY OF CARLSBAD CITY COUNCIL SITE VISTA LA COSTA GPA 04-14/ZC 04-09 c Jam Free Printing Use Avery* TEMPLATE 5160* www.avery.com 1 -800-GO-AVERY @ AVERYn si60@ CARLSBAD UNlF SCHOOL DlST 6225 EL CAMlNO REAL CARLSBAD CA 92009 SAN MARCOS CA 92069 ENCINITAS CA 92024 SAN MARCOS SCHOOL DlST 1 CIVIC CENTER DR ENClNlTAS SCHOOL DlST 101 RANCHO SANTA FE RD . SAN DlEGUlTO SCHOOL DlST 701 ENClNlTAS BLVD TIM JOCHEN 1966 OLIVENHAIN RD ENClNlTAS CA 92024 1960 LA COSTA AVE ENClNlTAS CA 92024 CARLSBAD CA 92009 LEUCADIA WASTE WATER DlST OLIVENHAIN WATER DlST CITY OF ENClNlTAS 505 S VULCAN AVE ENClNlTAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 OCEANSIDE CA 92054 CITY OF OCEANSIDE 300 NORTH COAST HWY I .P. U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY VALLECITOS WATER DlST 201 VALLECITOS DE OR0 SAN MARCOS CA 92069 SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SANDIEGO CA 92123 9174 SKY PARK CT 5201 RUFFIN RD REGIONAL WATER QUALITY STE 100 STE B SAN DIEGO CA 92123-4340 SAN DIEGO CA 92123 SD COUNTY PLANNING LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DlST SANDAG 9150 CHESAPEAKE DR STE 800 SANDIEGO CA 92123 401 BSTREET SAN DIEGO CA 92101 U.S. FISH &WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 7575 METROPOLITAN DR CA COASTAL COMMISSION STE 103 SAN DIEGO CA 92108-4402 ATTN TED ANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD RE C RE AT I 0 N AD M I N CITY OF CARLSBAD CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING PROJECT PLANNER DEPT- PROJECT ENGINEER SAIMA QURESHY JOHN MAASHOFF L- Jam Free Printing Use Averye TEMPLATE 51608 I www.avery.com lgoo-CO-AVERY - 600-FOOT LABELS FOR MAILING GPA 04-141ZC 04-09 CT04-051CP 04-01 VISTA LA COSTA CENTER FOR NATURAL LANDS MANAGEMENT 424 E ALVARADO ST #H FALLBROOK CA 92028 ABED1 FAMILY TRUST 22892 OCEANBREEZE WAY LAGUNA NIGUEL CA 92677 KSL LA COSTA RESORT CORP 50905 AVENIDA BERMUDAS LAQUINTA CA 92253 T NT GIBRALTER LTD ATTN BARBARA E AHLERS 419 BOLIVIA SAN CLEMENTE CA 92672 LA COSTA FIFTEEN 7562 CAMlNlTO AVOLA LA JOLLA CA 92037 LEGACY DEVELOPMENT L L C 6712 ABEDUL PL CARLSBAD CA 92009 HAROLD COYKENDALL TRUST SUMMIT REALTY ADVISORS 183 CALLE MAGDALENA STE 100 ENCINITAS CA 92024 R/N LA COSTA PROPERTIES LLC 5201 NW 141STST VANCOUVER WA 98685 HAROLD COYKENDALL TRUST 10490 CAMINO DEL VENADO VALLEY CENTER CA 92082 JOHN D WITHERALL APT 100 2912 LA COSTA AVE CARLSBAD CA 92009 BNR INVESTMENT DEV LLC 23800 VIA DEL RIO YORBA LINDA CA 92887 OWlO G DIFANTE P 0 BOX 2442 CAPISTRANO BEACH CA 92624 FIELDSTONE FAIRWAYS HOMEOWNERS ASSN ATTN MIKE STEWART 5465 MOREHOUSE DR STE 250 SAN DIEGO CA 92121 MICHAEL L+PAMELA J ROTHMAN 2977 AVENIDA VALERA CARLSBAD CA 92009 GERARD F BRUNACHE 1150 CHINQUAPIN AVE CARLSBAD CA 92008 MATTHEW+SONIA STAAB 7602 ROMERIA ST CARLSBAD CA 92009 MARSHALL+ELIZABETH SPEVAK 3001 LA COSTA AVE CARLSBAD CA 92009 RUSTOM P DASTUR, SOONA B JAHINA TRUST 902 ARMADA TER SAN DIEGO CA 921 06 BRIAN GOLDOJARB / PATRICIA 5178 LOS ROBLES DR CARLSBAD CA 92008 BROWN-GOLDOJARB RONALD+SUSAN K SHAW 7523 SOLANO ST CARLSBAD CA 92009 CLARK NEWTON JR+ERIN 7517 SOLANO ST CARLSBAD CA 92009 PRICE FAMILY TRUST 07-13-91 751 5 SOLANO ST CARLSBAD CA 92009 CHRISTINE + RICHARD SALAZAR 7519 SOLANO ST CARLSBAD CA 92009 ARTHUR M MARINO 7511 SOLANO ST CARLSBAD CA 92009 MICHAEL+ KIMBERLEY SINCLAIR 7509 SOLANO ST CARLSBAD CA 92009 PATRICIA R FLETCHER TRUST 7513 SOLANO ST CARLSBAD CA 92009 Jam Free Printing Use Avery@ TEMPLATE 5160@ MORRIS J NAlDlTCH TRUST 7507 SOLANO ST CARLSBAD CA 92009 MR DOUG YAVANIAN LA COSTA HOTEL+SPA 21 00 COSTA DEL MAR RD CARLSBAD CA 92009 B www.avety.com 1-8OO-GO-AvERY - 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MEADOW ROZELLE-RYKER / ERIK M GIST #G 7546 GIBRALTAR ST CARLSBAD CA 92009 LORI E REZlN APT E 7574 GIBRALTAR ST CARLSBAD CA 92009 STEPHANIE B MORRIS APT B 7574 GIBRALTAR ST CARLSBAD CA 92009 KAT1 R MORENO 2916 LA COSTA AVE CARLSBAD CA 92009 PRENDERGAST FAMILY TR 2922 LA COSTA AVE CARLSBAD CA 92009 LINDSEY RILEY 8552 BAYONNE DR HUNTINGTON BEACH CA 92646 BRENDAN F OKELLY/ AUDREY E SHEREMEA APT A 7574 GIBRALTAR ST CARLSBAD CA 92009 ARTHUR A WALOCH 2918 LA COSTA AVE CARLSBAD CA 92009 THOMAS G CITRANO #C 7555 ROMERIA ST 239 AVENIDA GRANADA CARLSBAD CA 92009 SAN CLEMENTE CA 92672 EILEEN V DONOVAN JOSEPH F + TAMARA M DESANTI 7559 ROMERIA ST CARLSBAD CA 92009 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 City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday {DATE}, to consider adoption of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and approval of a General Plan Amendment and Zone Change more particularly described as: All of Lots 376 and 377 of La Costa South Unit No. 5, according to Map thereof No. 6600, filed in the office of the County recorder of San Diego County on March IO, 1970 and that portion of the North half of the Southeast One-Quarter of Section 36, Township 12 South, Range 4 West, San Bernardino Meridian, according to official Plat thereof, in the City of Carlsbad, County of San Diego, State of California, described as Parcel No. 2 in a certificate of compliance recorded on August 27, 1984 as file no. 84-325375 of Official Records of said San Diego County. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available {DATE}. If you have any questions, please call Saima Qureshy in the Planning Department at (760) 602-4619. If you challenge the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, General Plan Amendment and/or Zone Change, in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: GPA 04-1 4/ZC 04-09 CASE NAME: VISTA LA COSTA PUBLISH: {DATE} CITY OF CARLSBAD CITY COUNCIL / VISTA LA COSTA GPA 04-1 4/ZC 04-09 Vista La CostaGPA 04-14/ZC 04-09February 8, 2005February 8, 2005 Vista La CostaXCP 04-01XCT 04-05XZC 04-09XGPA 04-14XMitigated Negative DeclarationFinal at the City CouncilFinal at the Planning CommissionProject Applications Location MapLA COSTA AVEGIBRALTAR STJEREZ C T R O M E R IA S TSOLANO ST SITE GPA & ZC PortionLA COSTA AVEGIBRALTAR STJEREZ C T R O M E R IA S TSOLANO ST GPA and Zone Change™Subject parcel is 0.18 acres™General Plan AmendmentƒFrom Open Space (OS) to Residential High Density(RH)™Zone ChangeƒFrom Planned Community (P-C) to Residential Density Multiple (RD-M) GPA and Zone Change™The parcel was part of the golf course™It was mapped within San Marcos Creek floodplain™Current mappingƒThe parcel is located outside the floodplainƒGraded as part of upland lots™Proposed changes are consistent with neighboring properties Staff Recommendation™Recommend Approval of GPA 04-14 and ZC 04-09 Analysis™General Plan: RH (15-23 du/ac)™Zoning: RD-M and Planned Development Ordinance™Subdivision Ordinance™Inclusionary Housing™CEQAƒMitigated Negative Declaration