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HomeMy WebLinkAbout2006-07-11; City Council; 18644; La Costa Resort Lot Line AdjustmentCITY OF CARLSBAD - AGENDA BILL 16 AB# 18,844 MTG. 7/11/oe DEPT. PLN LA COSTA RESORT LOT LINE ADJUSTMENT GPA 05-09/ZC 05-06/MP 03-02(A) DEPT. HEAD «£^ / CITYATTY. jtf&& CITY MGR. ~^LTt^ RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance Nos. NS-809 and NS-810 APPROVING Zone Change ZC 05-06 and Master Plan Amendment 03-02(A), respectively and ADOPT Resolution No. 2006-193 ADOPTING a Negative Declaration and APPROVING General Plan Amendment 05-09. ITEM EXPLANATION: Project Applications GPA 05-09 ZC 05-06 MP 03-02(A) Administrative Approvals Reviewed by and Final at Planning Commission To be reviewed - Final at Council X X X On May 17, 2006, the Planning Commission conducted a public hearing for a General Plan Amendment, Zone Change and Master Plan Amendment. The project requires approval by the City Council since the project is requesting changes to the General Plan Land Use and Open Space Elements and Zoning changes. The La Costa Resort Lot Line Adjustment project consists of the conveyance of property know as the "finger" lands of the La Costa Resort and Spa property to the adjacent property owners. The "fingers" are open space lands that extend into existing residentially developed and designated properties west of the La Costa Golf Course. The potential for the transfer of lands was identified and addressed with the adoption of the La Costa Resort and Spa Master Plan in September of 2004. The transfer of "finger" lands to the adjacent property owners was to be done though the Master Plan Amendment process and related General Plan and Zone Changes as required. The "fingers" are to be almost entirely dissolved into the adjoining residential lots. There are a few property owners who are not participants in the transfer but this does not bias the proposal and the unaccepted lands would continue to remain in the possession of La Costa Resort and Spa. La Costa Resort and Spa in cooperation with the 53 adjacent property owners have negotiated the lot line adjustments. The Planning Commission discussed the merits of all applications, and voted 6-0-1 (Heineman absent) to recommend approval of the project to the City Council. No negative comments were received during the hearing. A full disclosure of the Planning Commission's discussion for the La Costa Resort Lot Line Adjustment project and a complete description and staff analysis of the project is included in the attached minutes and staff report to the Planning Commission. FISCAL IMPACT: No fiscal impacts have been identified. ENVIRONMENTAL IMPACT: Staff has conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The project does not have any impacts to any significant native or wetland habitats or wildlife species identified as candidate, sensitive or special status by the wildlife agencies and is identified as a developed area within the HMP. In consideration of the foregoing, the Planning Director issued a Notice of Intent to adopt a Negative Declaration for the project on December 6, 2005. No comments were received during the 20-day public review period. EXHIBITS: 1. City Council Ordinance No. NS-809 2. City Council Ordinance No. NS-410 3. City Council Resolution No. 2006-193 4. Location Map 5. Planning Commission Resolutions No. 6075, 6076, 6077 and 6078 6. Planning Commission Staff Report, dated May 17, 2006 7. Draft Excerpts of Planning Commission Minutes, dated May 17, 2006 DEPARTMENT CONTACT: Van Lynch 760-602-4613 vlync@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED E" CONTINUED TO DATE SPECIFIC D DENIED D CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER-SEE MINUTES D AMENDED D 1 ORDINANCE NO. NS-809 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF 3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 05-06, TO 4 CHANGE THE ZONING DESIGNATION ON MULTIPLE PROPERTIES FROM PLANNED COMMUNITY TO 5 RESIDENTIAL SINGLE-FAMILY, 7,500 SQUARE FOOT LOT SIZE MINIMUM ON LANDS GENERALLY LOCATED EAST OF 6 EL CAMINO REAL BETWEEN ALGA ROAD AND LA COSTA AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 6. 7 CASE NAME: LA COSTA RESORT LOT LINE ADJUSTMENT CASE NO.: ZC 05-06 o 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 05-06," dated May 17, 2006, 1 _ 2006 attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as 14 set forth in Planning Commission Resolution No. 6077 constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its 17 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 18 published at least once in a newspaper of general circulation within fifteen days after its 19 adoption. 20 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 21 Council held on the llth day of July , 2006, and thereafter. 22 23 24 25 26 27 28 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council 2 of the City of Carlsbad on the day of , 2006, by the following vote: 3 4 AYES: 5 NOES: 6 ABSENT: 7 ABSTAIN: 8 9 APPROVED AS TO FORM AND LEGALITY 10 11 RONALD R. BALL, City Attorney 13 14 CLAUDE A LEWIS, Mayor 16 ATTEST: 17 1 O LORRAINE M. WOOD, City Clerk 19 (SEAL) 20 21 22 23 24 25 26 27 28 ZC 05-06 LA COSTA RESORT LOT LINE ADJUSTMENT May 17, 2006 EXISTING Draft T £2> VJ. ,( ' ' -V •»1 <i"Kjyf« •> r Related Case File Nofs): GPA 05-09/MP 02-03(A) G.P. Map Designation Change Property A. 2 16-593-0 1-00 B. 2 16-593-02-00 C.21 6-593-03-00 D.21 6-593-04-00 From: PC PC PC PC To: PC/R-1 -7,500 (portion) PC/R-1 -7,500 (portion) R-1 -7,500 (Portion) R-1 -7, 500 (Portion) ZC 05-06 LA COSTA RESORT LOT LINE ADJUSTMENT May 17. 2006 PROPOSED Draft Related Case File Nofs): GPA 05-09/MP 02-03 f A) G.P. Map Designation Change Property A. 21 6-593-01 -00 B. 2 16-593-02-00 C.21 6-593-03-00 D.21 6-593-04-00 From: PC PC PC PC To: PC/R-1 -7,500 (portion) PC/R-1 -7,500 (portion) R-1 -7,500 (Portion) R-1 -7,500 (Portion) 1 ORDINANCE NO. NS-810 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE LA COSTA 3 RESORT AND SPA MASTER PLAN AMENDMENT TO MODIFY THE BOUNDARIES OF THE MASTER PLAN AND APPROVE 4 LAND USE AND ZONING MAP CHANGES TO THE LA COSTA MASTER PLAN ON LANDS GENERALLY LOCATED EAST OF 5 EL CAMINO REAL BETWEEN ALGA ROAD AND LA COSTA AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 6. 6 CASE NAME: LA COSTA RESORT LOT LINE ADJUSTMENT CASE NO.: MP 03-02(A) 7 WHEREAS, the City Council of the City of Carlsbad, California, has reviewed and 8 considered a Master Plan to guide the operations, special events and development of 9 commercial dwelling units for properties within the La Costa Resort and Spa so that they can be regulated by proposed Master Plan MP 03-02(A); and WHEREAS, the City Council did on the Hth day of July 2006, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a Master Plan Amendment consistent with Chapter 21.38 of the municipal code as shown on Exhibit "MP 03-02(A)", incorporated herein by reference.16 NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows: 19 SECTION I: That Master Plan MP 03-02(A), on file in the Planning Department, 20 and incorporated herein by reference, is adopted. The La Costa Resort and Spa Master Plan 2j (MP 03-02(A)) shall constitute the development plan for the property and all development within 22 the plan area shall conform to the plan. 23 SECTION II: That the findings and conditions of the Planning Commission in 24 Planning Commission Resolution No. 6078 shall also constitute the findings and conditions of 25 the City Council. 26 '» 27 "' 28 /7/ 1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 2 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 3 published at least once in a publication of general circulation in the City of Carlsbad within 4 fifteen days after its adoption. 5 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 6 Council on the 11th day of July 2006, and thereafter. 7 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council 8 of the City of Carlsbad on the day of , 2006, by the following vote: 9 10 AYES: 11 NOES: 12 ABSENT: 13 ABSTAIN: 14 15 APPROVED AS TO FORM AND LEGALITY 16 17 RONALD R. BALL, City Attorney 19 20 CLAUDE A LEWIS, Mayor 22 ATTEST: 23 24 LORRAINE M. WOOD, City Clerk 25 (SEAL) 26 27 28 SITE MAP LA COSTA RESORT AND SPA MASTER PLAN MP 03-02(A) 1 RESOLUTION NO. 2006-193 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE 3 DECLARATION AND APPROVING A GENERAL PLAN 4 AMENDMENT TO CHANGE THE LAND USE AND OPEN SPACE AND CONSERVATION ELEMENTS FROM OPEN 5 SPACE (OS) AND RESIDENTIAL MEDIUM HIGH DENSITY (RMH) TO RESIDENTIAL LOW MEDIUM DENSITY (RLM) 6 AND TRAVEL RECREATION/ COMMERCIAL (TR) ON MULTIPLE PROPERTIES LOCATED EAST OF EL CAMINO 7 REAL BETWEEN ALGA ROAD AND LA COSTA AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 6. 8 CASE NAME: LA COSTA LOT LINE ADJUSTMENT 9 CASE NO.: GPA 05-09/ZC 05-06/MP 03-02(A) IQ WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 11 Commission did, on May 17, 2006, hold a duly noticed public hearing as prescribed by 12 law to consider a Negative Declaration and General Plan Amendment; and 13 WHEREAS, the City Council of the City of Carlsbad, on the nth day 14 of July , 2006, held a duly noticed public hearing to consider 15 said Negative Declaration and General Plan Amendment and at that time received 16 recommendations, objections, protests, comments of all persons interested in or 17 opposed to the Negative Declaration and/or GPA 05-09. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 20 Carlsbad, California, as follows: 21 1. That the above recitations are true and correct. 22 2. That the findings and conditions of the Planning Commission as set forth 2~ in Planning Commission Resolutions No. 6075, 6076, and 6078 on file with the City Clerk and made a part hereof by reference, are the findings and 24 conditions of the City Council. 25 3. That the application for a Negative Declaration and General Plan Amendment on property generally located east of El Camino Real between 26 Alga Road and La Costa Avenue is approved as shown in Planning Commission Resolutions No. 6075 and 6076. 28 16 1 4. That the application for a General Plan Amendment to the Land Use and Open Space and Conservation Elements of the General Plan to change the 2 Land Use designation on multiple properties from Open Space (OS) and Residential Medium-High Density (RMH) to Residential Low Medium Density (RLM) and Travel Recreation/Commercial (TR) on lands generally located 4 east of El Camino Real between Alga Road and La Costa Avenue, as shown in Planning Commission Resolution No. 6076, is hereby accepted, approved 5 in concept, and shall be formally approved with GPA Batch No. 2 of 2006. 6 5. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 8 "NOTICE TO APPLICANT" 9 The time within which judicial review of this decision must be 10 sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision 13 becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount 14 sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended 15 to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his 16 attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the 17 City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, . c CA. 92008." 18 /// 19 20 21 22 23 '" 24 25 /// 26 27 28 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 City Council of the City of Carlsbad on the 11 th day of July, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: LORRAINE M. WOOD, C| (SEAL) GPA 05-09 LA COSTA RESORT LOT LINE ADJUSTMENT May 17,2006 EXISTING Draft Related Case File No(s): ZC 05-06 /MP 02-03(A) G.P. Map Designation Change Property A. 215-160-01-00 B. 215-160-02-00 C. 21 5-1 60-03-00 D. 21 6-593-01 -00 E. 216-593-02-00 F. 216-593-03-00 G. 216-593-04-00 From: RMH RMH RMH OS (portion) OS OS OS To: RLM RLM RLM OS/RLM (portion) OS/RLM/RMH/T-R (portion) OS/RLM (portion) OS/RLM (portion) GPA 05-09 LA COSTA RESORT LOT LINE ADJUSTMENT May 17.2006 PROPOSED Draft Related Case File Nofs): ZC 05-06 /MP 02-03(A) G.P. Map Designation Change Property A. 215-160-01-00 B. 21 5-1 60-02-00 C. 21 5-1 60-03-00 D.216-593-01-00 E. 2 16-593-02-00 F. 216-593-03-00 G. 2 16-593-04-00 From: RMH RMH RMH OS (portion) OS OS OS To: RLM RLM RLM OS/RLM (portion) OS/RLM/RMH/T-R (portion) OS/RLM (portion) OS/RLM (portion) EXHIBIT 4 SITE MAP NOT TO SCALE LA COSTA RESORT LOT LINE ADJUSTMENT GPA 05-09/ ZC 05-067 MP 03-02 (A) 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 EXHIBITS PLANNING COMMISSION RESOLUTION NO. 6075 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE AND CONSERVATION ELEMENT DESIGNATIONS ON MULTIPLE PROPERTIES FROM OPEN SPACE (OS) AND RESIDENTIAL MEDIUM HIGH (RMH) TO RESIDENTIAL LOW MEDIUM (RLM) AND TRAVEL RECREATION/COMMERCIAL (TR), A ZONE CHANGE TO CHANGE THE ZONING DESIGNATION ON MULTIPLE PROPERTIES FROM PLANNED COMMUNITY (PC) TO RESIDENTIAL SINGLE FAMILY, 7,500 SQUARE FOOT LOT SIZE MINIMUM (R-1-7,500) AND A MASTER PLAN AMENDMENT TO MODIFY THE BOUNDARIES AND LAND USE AND ZONING CHANGES TO THE LA COSTA RESORT AND SPA MASTER PLAN LOCATED EAST OF EL CAMINO REAL BETWEEN ALGA ROAD AND LA COSTA AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA RESORT LOT LINE ADJUSTMENT CASE NO.: GPA 05-09/ZC 05-06/MP 03-02(A) WHEREAS, KSL La Costa Resort Company LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Lots 1, 25, 26 and 27 of Carlsbad Tract Map CT 03-01-01, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 14984, filed in the Office of the County Recorder of San Diego, March 18, 2005 as file number 2005-0224598 ("the Property"); and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 17th day of May 2006, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and . considering any written comments received, the Planning Commission, considered all factors 2 relating to the Negative Declaration. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning4 <- Commission as follows: 6 A) That the foregoing recitations are true and correct. 7 B) That based on'the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Negative Declaration, 8 Exhibit "ND," dated according to Exhibits "NOI" dated December 6, 2005, and "PII" dated November 23, 2005, attached hereto and made a part hereof, based on the following findings: 10 Findings: 11 1. The Planning Commission of the City of Carlsbad does hereby find: 13 a. it has reviewed, analyzed and considered the Negative Declaration La Costa Resort Lot Line Adjustment the environmental impacts therein identified for 14 this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and ,, b. the Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the 17 Environmental Protection Procedures of the City of Carlsbad; and 18 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 2Q d. based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 21 " 22 23 24 25 26 27 28 PCRESONO. 6075 -2- ,,- 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of May 2006, by the following vote, to wit: AYES: Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton NOES: " ABSENT: Chairperson Montgomery and Commissioner Heineman ABSTAIN: . MONTGOMERY, Cfcffperson CARLSBAD PLANNING COMMKRON ATTEST: DONNEU Assistant Planning Director PCRESONO. 6075 -3- FILE COPY City of Carlsbad Planning Department CASE NAME: CASE NO: PROJECT LOCATION: NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION La Costa Resort Lot Line Adjustment GPA 05-09/ZC 05-06/ MP 03-02f A) Various properties generally located east of Estrella De Mar Road north of Arenal Lane, south of Alga Road and west of the La Costa golf course. PROJECT DESCRIPTION: The proposed project consists of a General Plan Amendment, Zone Change and Master Plan Amendment to change the land use and zoning designations of land adjusted from the La Costa Master Plan to the adjacent residential properties in an area referred to as the "finger" lands. The "fingers" are portions of the La Costa Resort and Spa open space property being adjusted to the adjacent residentially land use and zoned property. The project is a follow-up action for the implementation of the La Costa Master Plan MP 03-02. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment. Therefore, a Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of the date of this notice. The proposed project and Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. PUBLIC REVIEW PERIOD December 6.2005 through December 26. 2005 PUBLISH DATE December 6. 2005 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us79 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II CASE NO: GPA 05-09/ ZC 05-06/ MP 03-02(A'> DATE: 11/23/2005 BACKGROUND 1. CASE NAME: LA COSTA RESORT LOT LINE ADJUSTMENT 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad . 3. CONTACT PERSON AND PHONE NUMBER: Van Lvnchf 7601 602-4613 4. PROJECT LOCATION: The property is generally located east of Estrella De Mar Road and north of Arenal Lane 5. PROJECT SPONSOR'S NAME AND ADDRESS: KSL La Costa Resort Co. LLC. 2100 Costa Del Mar Rd. Carlsbad. CA 92009 6. GENERAL PLAN DESIGNATION: Open Space 7. ZONING: Planned Community 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): None 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The applicant. La Costa Resort and Spa, is requesting the Land Use and Zoning of open space property be changed to allow for resort owned property to be adjusted to the adjacent residences which is residentiallv land use and zoned property. The existing Open Space land use designated property will be changed to Residential Low-Medium and the Planned Community zoning will become R-1-7.5QO. The changes allow the property to be adjusted and not cause any land use or zoning inconsistencies. The adjustment also modifies the Master Plan boundary and requires the Master Plan Amendment. The "finger" lands are the areas of narrow open space designated land within Planning Area 7 of the Master Plan that are westerly of the golf course that extend into the adjacent residential area. Rev. 07/03/04 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: -{ The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. D Aesthetics l~) Agricultural Resources Q Air Quality CH Biological Resources n Cultural Resources D Geology/Soils Q Noise CD Hazards/Hazardous Materials l~l Population and Housing Q Hydrology/Water Quality, ; Q Public Services Q Land Use and Planning Q Mineral Resources O Mandatory Findings of Significance I""] Recreation Q Transportation/Circulation l~] Utilities & Service Systems Rev. 07/03/04 DETERMINATION. £3 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will tie prepared. l~l I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. l~] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. tH I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. f~1 I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including- revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. 'a*l/M*X--— ///237/7 J Planner Sign^ure Date Assistant Planning Director's Signature Date Rev. 07/03/02 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "Nonimpact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effecTfs significantly adverse. • Based on an "EIA-Part II", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 07/03/02 ~ -, • An EIR must be prepared if "Potentially Significant Impact"-, is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations".for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Part 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 pot&ntial impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 07/03/02 Issues (and Supporting Information Sources). I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? H. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? ID. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Potentially Significant Impact D n n Potentially Significant Unless Mitigation Incorporated n Less Than Significant Impact D No Impact D D D D D D D D n n n n Rev. 07/03/02 Issues (and Supporting Information Sources). c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? . d) Expose sensitive receptors to substantial pollutant concentrations? * e) Create objectionable odors affecting a substantial number of people? TV. 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 defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? 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? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact D E D D D D D D D D D D D D D D , D D D Rev. 07/03/02 Issues (and Supporting Information Sources). g) Impact tributary areas that are environmentally sensitive? V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 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: 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? b) Result in substantial soil erosion or the loss of topsoil? 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? d) Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? Potentially Significant Impact D D D D D D n n n n n n Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact D H D D D D D n n n n n n n n n n n n Rev. 07/03/02 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: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) 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? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) 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? e) 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? f) 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? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact D El D D D D D D D D D D D D D D D D D D , D D Rev. 07/03/02 VIII. HYDROLOGY AND Would the project: WATER QUALITY a) Violate any water quality standards or waste [U discharge requirements? D D b) Substantially deplete groundwater supplies or d interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre- existing nearby wells would drop to a level ' which would not support existing land uses or planned uses for which permits have been granted)? c) Impacts to groundwater quality? f~1 d) Substantially alter the existing drainage pattern l~l 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? e) Substantially alter the existing drainage pattern l~l 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? f) Create or contribute runoff water, which would [~1 exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? g) Otherwise substantially degrade water quality? l~1 h) Place housing within a 100-year flood hazard l~l area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? i) Place within 100-year flood hazard area l~1 structures, which would impede or redirect flood flows? j) Expose people or structures to a significant risk Q of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? l~l 1) Increased erosion (sediment) into receiving [~"| surface waters. D D n n n D n n n n n n / n n n n 10 Rev. 07/03/02 m) Increased pollutant discharges (e.g., heavy CD CD D metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface I- waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? n) Changes to receiving water quality (marine, CD (~1 CD fresh or wetland waters) during or following construction? o) Increase in any pollutant to an already impaired CD ' Q CD water body as listed on the Clean Water Act Section 303(d) list? -.. t p) The exceedance of applicable surface or CD CD CD groundwater receiving water quality objectives or degradation of beneficial uses? IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? Q CD CD b) Conflict with any applicable land use plan, l~) CD CD 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? c) Conflict with any applicable habitat conservation CD CD CD plan or natural community conservation plan? X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known fj CD CD mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally Q DD important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XL NOISE - Would the project result in: a) Exposure of persons to or generation of noise l~] CD CD levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? f b) Exposure of persons to or generation of CD f~1 CD excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient l~| CD CD noise levels in the project vicinity above levels existing without the project? 11 Rev. 07/03/02 d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? O e) For a project located within an airport land use l~l 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 CD _ airstrip, would the project expose people ' residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either Q directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing l~1 housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, CD necessitating the construction of replacement housing elsewhere? XHI. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? D ii) Police protection? D iii) Schools? CD iv) Parks? D v) Other public facilities? Q CD IS CD CD CD l"l ["T CD CD D CD Kl CD D E3 D D IS D ' D IS CD CD IS 12 Rev. 07/03/02 3/ XIV. RECREATION 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? D'D •'D b) Does the project include recreational facilities or CD require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial [~1 in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a Q level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, d) including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design [U feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? O f) Result in insufficient parking capacity? D g) Conflict with adopted policies, plans, or [H programs supporting alternative transportation (e.g., bus turn-outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of I I the applicable Regional Water Quality Control Board? b) Require or result in the construction of new fj water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? D D D D D n D D D D D D D D IH D D f D D 13 Rev. 07/03/02 c) 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? D D D D e) 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? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVH. 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? 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?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? D D Q D D U. D D n n 14 Rev. 07/03/02 XVm. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlieY EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Tharl Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 15 Rev. 07/03/02 DISCUSSION OF ENVIRONMENTAL EVALUATION AESTHETICS - Would the project: I - a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? a) through d) No Impact: The lot line adjustment project area does not have scenic vistas and will not impact the visual character of the area. No development is proposed which would create any light or glare. AGRICULTURAL RESOURCES - Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? a) through c) No Impact: The properties are neither designated, used, zoned, nor are they und^Williamson Act contract for farming. AIR QUALITY—Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project site is located in the San Diego Air Basin which is a federal and state non-attainment area for ozone (O3), and a state non-attainment area for paniculate matter less than or equal to 10 microns in diameter (PMIO). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans 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 considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. , Section 15125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish 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 implemented in the project area? 16 Rev. 07/03/02 • 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 kjf 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 April, 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. Any impact is assessed as less than significant. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 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) Expose sensitive receptors to substantial pollutant concentrations? No Impact. As noted above, the proposed project would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) Create objectionable odors affecting a substantial number of people? No Impact. No construction is proposed with the lot line adjustment and land use changes. 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? No Impact - The project site involves lot line adjustments to absorb adjacent vacant open space maintained by the property owners, or in some cases the adjacent property owner acquiring the land. The open space portions have exotic plantings, non-native grasses or bare ground. 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? No Impact - No direct impacts to sensitive wetland, riparian or aquatic vegetation will occur through implementation of the subject project. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? No impact - The project will be developed in an area that does not contain any federally protected wetlands or "waters" as defined by Section 404 of the Clean Water Act. 17 Rev. 07/03/02 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? I' No impact - The subject property will not impact the movement of any native resident, migratory fish, or wildlife species as the open space lands terminate into residential areas. The 100 foot wide SDG&E corridor will remain open space. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact - No biological resources exist, therefore no impacts are expected. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact - The project area is defined as "developed area" per the Habitat Management Plan. g) Impact tributary areas that are environmentally sensitive? No Impact - No direct impacts to sensitive wetland, riparian or aquatic vegetation will occur through implementation of the subject project CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §1 5064.5? No impact - No historical resources have been identified on the site or within the vicinity of the project; and therefore no impacts to historical resources will result from construction of the project. b) Cause a substantial adverse change in the significance of an archeological resource pursuant to §15064.5? No impact -The site is not identified as having known archeologically sensitive areas according to MEIR 93-01, map 5.8-2. The project will not cause substantial adverse changes in the significance of archaeological resources pursuant to §15064.5. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact - the site has been previously graded and landscaped and no new development is anticipated. d) Disturb any human remains, including those interred outside of formal cemeteries? No impact - No human burials or remains are known to exist in the location of the subject project. 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: t \. 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. Existing condition: The project area is situated in the western portion of the Peninsular Ranges geomorphic province of southern California. This geomorphic province encompasses an area that extends 125 miles from the Transverse Ranges and the Los Angeles Basin, south to the Mexican border, and beyond another 775 miles to the 18 Rev. 07/03/02 37 southern tip of Baja California. The westernmost portion of the province in San Diego County, in which the site is located, generally consists of Tertiary and Quaternary age sedimentary rocks. The most recent Alquist-Priolo Earthquake Fault Zoning Map issued by^ the State Geologist for the north San Diego County area, indicates that the project is considered to be in a seismically active area, as is most of southern California. This map however, indicates that the subject site is not underlain by known active faults, nor is there evidence of ground displacement in the area during the last 11,000 years. The Rose Canyon fault zone is the closest known fault, which is the onshore portion of an extensive fault zone that includes the Offshore Zone of Deformation and the Newport-Inglewood fault to the north of the subject site. This fault zone, located approximately 6.2 miles westerly of the subject site, is made of predominately right-lateral strike- slip faults that extend south-southeast through the San Diego metropolitan area. The zone extends offshore at La Jolla, and continues north-northwest generally parallel to the coastline. Portions of the Rose Canyon fault zone in the San Diego area have been recognized by the State Geologist to be considered active. Additionally, the Julian and Temecula segments of the Elsinore fault zone, about 24 miles to the northeast of the subject site are also referenced in the Division of Mines and Geology Special Publication 42. Environmental Evaluation: Based on resource investigation and field observations, no active faults have been mapped across the project site. The closest fault is located approximately seven miles westerly of the site. The Elsinore fault zone is located approximately 24 miles east of the site, and the Coronado Bank fault is located approximately 22 miles west of the site. The potential for rupture resulting from earthquake is considered to be low. The subject site is not within a fault-rupture hazard zone as indexed in the Division of Mines and Geology Special Publication 42. Because of the lack of known active faults on the site, the potential for surface rupture at the site is. considered low. The seismic hazard most likely to impact the site is ground shaking resulting from an earthquake on one of the active regional faults discussed above. Finding: Less than significant impact - The project site is not within a fault-rupture hazard zone indexed in the Division of Mines and Geology Special Publication 42; therefore the project would not expose people or structures to potential substantial adverse effects. ii. Strong seismic ground shaking? Less than significant impact - Earthquake faults exist within southern California, including three fault zones within 24 miles of the site. Historical records have indicated however, that the risk of strong seismic ground shaking of the project site is minimal, and thus is considered a less than significant impact. iii. Seismic-related ground failure, including liquefaction? No Impact - The project does not propose grading or construction at this time. iv. Landslides? No impact - No landslides are anticipated to affect the proposed project. b) Result in substantial soil erosion or the loss of topsoil? 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? t d) Be located on expansive soils, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? 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? b), c), d), and e) No impact - The project does not propose development or grading and the existing units are connected to a sanitary sewer system. 19 Rev. 07/03/02 HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 1 - b) 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? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) 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? e) 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? ' f) 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? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a) through h) - No Impact - The project involves the adjustment of parcel lines with existing single family homes. The project does not involve or is located near hazardous materials. The site is not located within two miles of an airport and the project area is not adjacent to wildlands. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Impacts to groundwater quality? 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? 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? f) 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? g) Otherwise substantially degrade water quality? 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? i) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? 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) Inundation by seiche, tsunami, or mudflow? I) 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) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? o) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? 20 Rev. 07/03/02 p) The exceedance of applicable surface or groundwater receiving water quality objectives OF degradation of beneficial uses? a) through p) No Impact - The project involves the adjustment of ^parcel lines within an existing single family residential development not within the 100 year floodplain. The project does not propose and development or construction and may actually decrease runoff by the increased landscaping and maintenance of undeveloped land. Downstream waters are not listed as impaired water bodies on the Clean Water Act Section 303(d) list. LAND USE PLANNING - Would the project: a) Physically divide an established community? No Impact - The project would not separate any contiguous community areas. 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? No impact - The proposed project will not be in conflict with any applicable land use plan, policy, or regulation of any agency with jurisdiction over the project. The project will reestablish a previous residential zoning and land use designation to allow the adjustment of adjacent open space designated to property to the adjacent residentially developed and designated property. Land use and zoning consistency will be achieved by this project. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No impact - The subject project site is consistent with the City of Carlsbad Habitat Management^lan (HMP) for Natural Communities in the City of Carlsbad. The project is identified as a developed area within the HMP. 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? No impact - No known mineral resource of regional or statewide value are known that would be affected through implementation of the project. The site is not located in an area of mineral resources as identified in MEIR 93-01, map 5.13-1. 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? 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? 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? , a) through f) No Impact - The lot line adjustment and land use changes will not create any new noise or groundborne vibrations. The site is not near a public or private airport. POPULATION AND HOUSING - Would the project: 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)? 21 Rev. 07/03/02 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? 1 - a) through c) No Impact - The lot line adjustment will not induce growth or displace existing homes or people. PUBLIC SERVICES- Would the project: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: ' t\. Fire protection? ii. Police protection? iii. Schools iv. Parks? v. Other public facilities? No Impact- The lot line and land use project will not increase the demand for public services. RECREATION- Would the project: a) Would the project increase the use of existing neighborhood and regionat_parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 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? No impact - The proposed project will not result in an increase in demand beyond that already accommodated, on recreational facilities of any kind. No additional recreational facilities, and no construction or expansion of recreational facilities will result from implementation of the proposed project. TRANSPORTATION/TRAFFIC—Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system? Less Than Significant Impact. The project will not generate any additional vehicle trips. The impacts from the proposed project are, therefore, less than significant. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway 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 highways in Carlsbad is: Existing ADT* LOS 'Buildout ADT* Rancho Santa Fe Road 17-35 "A-D" 35-56 El Camino Real 27-49 "A-C" 33-62 Palomar Airport Road 10-57 "A-D" 30-73 SR78 124-142 "F" 156-180 1-5 199-216 "D" 260-272 *The numbers are in thousands of daily trips. 22 Rev. 07/03/02 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 used in modeling the buildout projections. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highways and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short- term and at buildout. 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. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) Substantially increase hazards due to a design feature or incompatible uses? No Impact. The project does not alter existing traffic facilities; and, therefore, would not result in design hazards. The proposed project is consistent with the City's general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) Result in inadequate emergency access? No Impact. The proposed project does not change emergency access. No impact assessed. f) Result in inadequate parking capacity? No Impact. The proposed project does not require or reduce available parking. No impact assessed. g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks, etc.)? No Impact. The lot line adjustment project does not conflict with any adopted policies, plans or programs supporting alternative transportation. UTILITIES AND SERVICES SYSTEMS - Would the project: a) 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? c) 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? e) 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? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? a) through g) No Impact - The project will not increase demand of utility or services facilities as no new development will result from the lot line adjustment and land use changes. No impact assessed. 23 Rev. 07/03/02 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 lot line adjustment and land uses changes proposed will not significantly change the physical environment or eliminate important examples of the major periods of California history or prehistory as none exist within the project area. b) Does the project have impacts that are individually • limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects o'f 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?) No Impact - The project will not result in the increase of population or demand of services or infrastructure to accommodate the existing residential development. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? No Impact - The project consists of lot line adjustments and land use designations for consistency and will not impact the existing residential development. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 24 Rev. 07/03/02 1 PLANNING COMMISSION RESOLUTION NO. 6076 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE AND 4 OPEN SPACE AND CONSERVATION ELEMENTS OF THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION ON MULTIPLE PROPERTIES FROM OPEN 6 SPACE (OS) AND RESIDENTIAL MEDIUM-HIGH (RMH) TO * RESIDENTIAL LOW-MEDIUM (RLM) AND TRAVEL 7 RECREATION/COMMERCIAL (TR) ON LANDS GENERALLY LOCATED EAST OF EL CAMINO REAL 8 BETWEEN ALGA ROAD AND LA COSTA AVENUE IN o LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA RESORT LOT LINE 10 ADJUSTMENT CASE NO: GPA 05-09 11 WHEREAS, KSL La Costa Resort Company LLC, "Developer/Owner," has 13 filed a verified application with the City of Carlsbad regarding property described as 14 Lots 1, 25, 26 and 27 of Carlsbad Tract Map CT 03-01-01, in the City of Carlsbad, County of San Diego, State of California, ^ according to map thereof no. 14984, filed in the Office of the , g County Recorder of San Diego, March 18, 2005 as file number 2005-0224598 17 ("the Property"); and 18 WHEREAS, said verified application constitutes a request for a General Plan 2Q Amendment as shown on Exhibit "GPA 05-09" dated May 17, 2006, attached hereto and on file 21 in the Carlsbad Planning Department LA COSTA RESORT LOT LINE ADJUSTMENT - ^•nvn 22 GPA 05-09 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of 23 the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on the 17th day of May 2006, hold a 25 duly noticed public hearing as prescribed by law to consider said request; and26 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LA COSTA RESORT LOT LINE ADJUSTMENT - GPA 05-09 based on the following findings: Findings: 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated May 17,2006 including, but not limited to the following: a. Land Use: The redesignation of land from Open Space to Residential Low- Medium (RLM) is necessary to implement the La Costa Resort and Spa Master Plan (MP 03-02). The "finger" lands were previously designated as RLM and this amendment would allow the transfer of the "finger" lands to the adjacent RLM Land Use designated properties. The Land Use amendment from Residential Medium-High (RMH) to RLM is for Land Use and Zoning consistency, as the underlying zoning is Residential Single Family and the adjacent properties are designated and developed as residential single family. The Land Use change from OS to TR is for a small portion of land adjacent to existing lands within the La Costa Resort and Spa Master Plan (MP 03- 02)designated TR and Zoned Planned Community. b. Open Space: - Property will be redesignated from Open Space to RLM. The property is not identified as a preserve area in the City's Habitat Management Plan. Previous to the latest Master Plan Amendment the subject property was designated as RLM and this proposal is to redesignate the property RLM to allow for the conveyance of the property to the adjacent residentially designated properties. 2. The Planning Commission has reviewed each of the exactions imposed on the Developer ~ contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: / 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said PCRESONO. 6076 -2- conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this General Plan Amendment. 3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. , Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 6 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 7 regulations in effect at the time of building permit issuance. Q 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 10 Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 12 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 14 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 General Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or non- ,,- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 17 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 18 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 2Q 6. This approval is granted subject to the adoption of the Negative Declaration and approval of ZC 05-06, MP 03-02(A) and adjustment plats and is subject to all 21 conditions contained in Planning Commission Resolutions No. 6075, 6077 and 6078 for those other approvals. 22 23 24 25 26 27 28 PCRESONO. 6076 -3- ~) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of May 2006, by the following vote, to wit: AYES: Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton ' NOES: ' ABSENT: Chairperson Montgomery and Commissioner Heineman ABSTAIN: *. MONT' CARLSBAD PLA ATTEST: DONNEU Assistant Planning Director PC RESO NO. 6076 -4- GPA 05-09 LA COSTA RESORT LOT LINE ADJUSTMENT May 17.2006 EXISTING Draft Related Case File Nofs): ZC 05-06 /MP 02-03(A) G.P. Map Designation Change Property A. 215-160-01-00 B. 21 5-1 60-02-00 C. 21 5-1 60-03-00 D. 2 16-593-0 1-00 E. 216-593-02-00 F. 216-593-03-00 G. 2 16-593-04-00 From: RMH RMH RMH OS (portion) OS OS OS To: RLM RLM RLM OS/RLM (portion) OS/RLM/RMH/T-R (portion) OS/RLM (portion) OS/RLM (portion) GPA 05-09 LA COSTA RESORT LOT LINE ADJUSTMENT May 17.2006 PROPOSED Draft Related Case File /Vote): ZC 05-06 /MP 02-03 f A) G.P. Map Designation Change Property A. 21 5-1 60-01 -00 B. 21 5-1 60-02-00 C. 21 5-1 60-03-00 D. 21 6-593-01 -00 E. 2 16-593-02-00 F. 216-593-03-00 G. 21 6-593-04-00 From: RMH RMH RMH OS (portion) OS OS OS To: RLM RLM RLM OS/RLM (portion) OS/RLM/RMH/T-R (portion) OS/RLM (portion) OS/RLM (portion) 1 PLANNING COMMISSION RESOLUTION NO. 6077 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE TO CHANGE THE 4 ZONING DESIGNATION ON MULTIPLE PROPERTIES FROM PLANNED COMMUNITY TO RESIDENTIAL SINGLE FAMILY, 7,500 SQUARE FOOT LOT SIZE MINIMUM, ON 6 LANDS GENERALLY LOCATED EAST OF EL CAMINO REAL BETWEEN ALGA ROAD AND LA COSTA AVENUE IN 7 LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA RESORT LOT LINE 8 ADJUSTMENT 9 CASE NO: ZC 05-06 10 WHEREAS, KSL La Costa Resort Company LLC, "Developer/Owner," has 11 filed a verified application with the City of Carlsbad regarding property described as 12 Lots 1, 25, 26 and 27 of Carlsbad Tract Map CT 03-01-01, in 13 the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 14984, filed in the Office of the 14 County Recorder of San Diego, March 18, 2005 as file number 2005-0224598 15 16 ("the Property"); and 17 WHEREAS, said application constitutes a request for a Zone Change as shown on 18 Exhibit "ZC 05-06" dated May 17, 2006, attached hereto and on file in the Planning 19 Department, LA COSTA RESORT LOT LINE ADJUSTMENT - ZC 05-06 as provided by 20 Chapter 21.52 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did on the 17th day of May 2006, holtfT" ~ 22 „ duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors ryrzo relating to the Zone Change. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of LA COSTA RESORT LOT LINE ADJUSTMENT - ZC 05-06 based on the following findings and subject to the 3 following conditions: 4 Findings: 1. That the proposed Zone Change from Planned Community to Residential Single 5 Family, 7,500 square foot lot size minimum is consistent with the goals and policies of the various elements of the General Plan, in that the Zone Change to R-l-7,500 is 7 consistent with the proposed General Plan Residential Low-Medium Land Use designation to allow for the conveyance of land pursuant to the La Costa Master 8 Plan. 9 2. That the Zone Change will provide consistency between the General Plan and Zoning as 10 mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the lands which are receiving the conveyed lands are zoned R-l- 11 7,500, consistent with the Land Use designation of RLM and the La Costa Resort and Spa Master Plan (MP 03-02.) 13 3. That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that the Zone Change allows 14 the lands to be conveyed to adjacent properties consistent with the implementation of the La Costa Resort and Spa Master Plan (MP 03-02). , g 4. The Planning Commission has reviewed each of the exactions imposed on the Developer contained hi this resolution, and hereby finds, in this case, that the exactions are imposed 17 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 18 Conditions: 20 1 • If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 21 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of"3n""f~" 22 future building permits; deny, revoke or further condition all certificates of occupancy _, issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 24 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Zone Change. 25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Zone Change documents, as necessary to make them internally 27 consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development 28 different from this approval, shall require an amendment to this approval. PC RESO NO. 6077 -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 3. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 4. 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 Zone Change, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 5. This approval is granted subject to the adoption of the Negative Declaration and approval of GPA 05-09, MP 03-02(A) and adjustment plats and is subject to all conditions contained in Planning Commission Resolutions No. 6075, 6076 and 6078 for those other approvals. 6. Developer shall provide the following note on the adjustment plats and final mylar of this development submitted to the City: "There shall be no further subdivision of land beyond the original number of lots approved by La Costa Valley Unit No. 1, Map No. 5434." 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." ^HMH 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 hi 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 then- imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PCRESONO. 6077 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of tKe City of Carlsbad, held on the 17th day of May 2006, by the following vote, to wit: AYES: Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton NOES: ABSENT: Chairperson Montgomery and Commissioner Heineman ABSTAIN: MARTELL B. MONTG CARLSBAD PLANNING CO ATTEST: >erson "SIGN DONNEU Assistant Planning Director PCRESONO. 6077 -4- 1 PLANNING COMMISSION RESOLUTION NO. 6078 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MASTER PLAN AMENDMENT TO MODIFY THE BOUNDARIES OF THE MASTER PLAN AND 5 APPROVE LAND USE AND ZONING MAP CHANGES TO THE LA COSTA RESORT AND SPA MASTER PLAN FOR 6 PROPERTY GENERALLY LOCATED EAST OF EL CAMINO REAL BETWEEN ALGA ROAD AND LA COSTA AVENUE IN 7 LOCAL FACILITIES MANAGEMENT ZONE 6. n CASE NAME: LA COSTA RESORT LOT LINE ADJUSTMENT 9 CASE NO: MP03-02(A) 10 WHEREAS, KSL La Costa Resort Company LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as 12 Lots 1, 25, 26 and 27 of Carlsbad Tract Map CT 03-01-01, in 13 the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 14984, filed in the Office of the 14 County Recorder of San Diego, March 18, 2005 as file number 15 2005-0224598 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Master Plan I O Amendment as shown on Exhibit "X" dated May 17, 2006, on file in the Carlsbad Planning Department LA COSTA RESORT LOT LINE ADJUSTMENT - MP 03-02(A) as provided 20 by MP 03-02 and Chapter 21.38 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on the 17th day of May 20WT ' 23 consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony *\r / •" and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 'jf: relating to the Master Plan Amendment; and 27 WHEREAS, on September 21, 2004, the City Council approved, MP 03-02, as 28 described and conditioned hi Planning Commission Resolution No. 5700 and City Council Resolution No. 2004-304. \1 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of tKe City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 _ B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LA COSTA RESORT LOT LINE 6 * ADJUSTMENT - MP 03-02(A) based on the following findings and subject to the following conditions: 7 Findings;8 The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff 10 report dated May 17, 2006 including, but not limited to the following: The redesignation of "finger" lands from Open Space to Residential Low-Medium is for the implementation of the La Costa Resort and Spa Master Plan (MP 03-02). The "finger" lands were previously designated as RLM and this amendment would allow the conveyance of the "finger" lands to the adjacent RLM designated properties. 13 The Land Use Amendment from Residential Medium-High (RMH) to RLM is for Land Use and Zoning consistency, as the underlying Zoning designation is 14 Residential Single Family and the adjacent properties are designated and developed as residential single family. The Land Use Amendment from OS to TR is for a small portion of land adjacent to existing lands within the La Costa Resort and Spa , fi Master Plan (MP 03-02) designated TR and zoned Planned Community. Property will be redesignated from Open Space to RLM. The property is not identified as a 17 preserve area in the City's Habitat Management Plan. Previous to the latest Master Plan Amendment the subject property was designated as RLM and this proposal is 18 to redesignate the property RLM to allow for the conveyance of the property to the adjacent residentially designated properties. 2. That all necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the Capital Improvement 21 Program applicable to the subject property, in that all existing public facilities are in place and no new development is proposed which would require additional faciliti€sT*t~~ 22 3. That the residential and open space portions of the community will constitute an environment of sustained desirability and stability, and that it will be in harmony with or 24 provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to 25 serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof, in that the open space portions of the project are so desirable by 6 the residents that they have illegally developed the property and now wish to receive 27 ownership of the property from KSL to sustain the quality of life they have become accustomed to. The open space area is being conveyed to the adjacent residential 28 properties and will no longer be a part of the La Costa Resort and Spa Master Plan. PC RESO NO. 6078 -2- 4. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 3 degree, of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 5 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 7 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gamed by Developer 10 or a successor in interest by the City's approval of this Master Plan Amendment. 11 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Master Plan document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 14 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 17 or indirectly, from (a) City's approval and issuance of this Master Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or non- 18 discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the 20 facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 21 approval is not validated. 22 4. This approval is granted subject to the adoption of the Negative Declaration and approval of GPA 05-09 05-06, ZC 05-06 and adjustment plats and is subject to all conditions contained in Planning Commission Resolutions No. 6075, 6076 and 6077 for 24 those other approvals. t 25 5. Prior to the issuance of any permits for the project, the applicant shall submit to the Planning Director a digital copy and a camera ready master copy of the La Costa 26 Resort and Spa Master Plan (MP 03-02(A), in addition to five (5) bound copies. 27 28 PCRESONO. 6078 -3- , St> 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of May 2006, by the following vote, to wit: AYES: NOES: Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton ABSENT: Chairperson Montgomery and Commissioner Heineman ABSTAIN: MARTELL B. MONTG( CARLSBAD PLANNING COMMI :rson ION DONNEU Assistant Planning Director PC RESO NO. 6078 -4- The City of Carlsbad Planning Department EXHIBIT 6 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: May 17,2006 Application complete date: January 12,2006 Project Planner: Van Lynch Project Engineer: Bob Wojcik SUBJECT: GPA 05-09/ZC 05-06/MP Q3-02(A) - LA COSTA RESORT LOT LINE ADJUSTMENT - Request for a recommendation of adoption of a Negative Declaration and a recommendation of approval for a General Plan Amendment to change the Land Use and Open Space and Conservation Element designations on multiple properties from Open Space (OS) and Residential Medium-High (RMH) to Residential Low Medium (RLM) and Travel Recreation/Commercial (TR), a Zone Change to change the Zoning designation of multiple properties from Planned Community (PC) to Residential Single Family, 7,500 square foot lot size minimum (R-1-7,500) and a Master Plan Amendment to modify the boundaries and approve Land Use and Zoning map changes to the La Costa Resort and Spa Master Plan on lands generally located east of El Camino Real between Alga Road and La Costa Avenue in Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6075 RECOMMENDING ADOPTION of a Negative Declaration and ADOPT Planning Commission Resolutions No. 6076, 6077 and 6078 RECOMMENDING APPROVAL of General Plan Amendment GPA 05-09, Zone Change ZC 05-06 and Master Plan Amendment 03- 02(A) based on the findings and subject to the conditions contained therein. II.INTRODUCTION The project consists of a request for a General Plan Amendment to change the Land Use designations from OS and RMH to RLM and TR and a Zone Change from PC to R-1-7,500, consistent with the proposed Land Use designations. The project also includes a Master Plan Amendment to modify the boundaries, Land Use and Zoning designations of the La Costa Resort and Spa Master Plan on properties know as the open space "finger" lands of the La Costa Resort and Spa which are generally located east of Estrella de Mar and north of Arena! Road. Subsequent to the Planning Commission and City Council acting on this application, the applicant will process lot line adjustments to convey ownership of the "finger" lands owned by the La Costa Resort and Spa to the adjacent residential property owners. As designed and conditioned the project is consistent with all applicable standards and policies and the necessary findings to approve the project can be made. GPA 05-09/ZC 05-06/MP 03-02(A) - LA COSTA RESORT LOT LINE ADJUSTMENT May 17,2006 Page 2 III. PROJECT DESCRIPTION AND BACKGROUND The project consists of the conveyance of property know as the "finger" lands of the La Costa Resort and Spa property to the adjacent property owners. The "fingers" are open space lands that extend into existing residentially developed and designated properties west of the La Costa Golf Course. The potential for the transfer of lands was identified and addressed with the adoption of the La Costa Resort and Spa Master Plan in September of 2004. The transfer of "finger" lands to the adjacent property owners was to be done though the Master Plan Amendment process and related General Plan and Zone changes as required. The "fingers" are to be almost entirely dissolved into the adjoining residential lots. There are a few property owners who are not participants in the transfer but this does not bias the proposal and the unaccepted lands would then remain in possession of the La Costa Resort and Spa. La Costa Resort and Spa in cooperation with the 55 adjacent property owners have negotiated the division of the land. The land to be conveyed is open space land that does not appear to be maintained and is void of any significant habitats. In many cases, the land has been improved or maintained by the adjoining property owners. One of the "fingers" will remain as it is under a SDG&E electric transmission line. As proposed, the application will modify the appropriate Land Use, Zoning and Master Plan boundaries to reflect the lot line adjustments. In one case, the Alesha property, the RMH Land Use designation is being changed to RLM for Land Use and Zoning consistency purposes. Also, a small portion of the existing OS will be changed to a TR Land Use designation with the proposed realignment of a private driveway serving five residences that are not part of the lot line adjustments. This would be a minor expansion of the TR Land Use designation for the resort portion of the Master Plan and contained within Planning Area 7 (resort and golf course). No uses or improvements are identified or proposed for this area. Prior to the approval of the new La Costa Resort and Spa Master Plan for the resort complex, the "fingers" had a Land Use and Zoning designation of RLM and Zoned PC, respectively. The Master Plan Amendment approval (MP 03-02) changed the "fingers" to OS. This proposal is to change the "fingers" back to RLM, so the Land Use designation would be the same as the adjoining, and receiving, property. Applicable Regulations The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report: A. General Plan Land Use Element - Open Space (OS), Residential Low Medium (RLM) and Travel Recreation/Commercial (TR) General Plan Land Use Designations; Open Space and Conservation Element; B. Residential Single Family Zone - (R-l-7,500) (Carlsbad Municipal Code Chapter 21.10); C. La Costa Resort and Spa Master Plan (MP 03-02); D. Growth Management Ordinance (Local Facilities Management Plan Zone 6); and E. Habitat Management Plan. GPA 05-09/ZC 05-06/MP 03-02(A) - LA COSTA RESORT LOT LINE ADJUSTMENT May 17,2006 Page 3 IV. ANALYSIS The recommendation of approval for this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. Therefore, this section will cover the project's compliance with each of the regulations listed above in the order in which they are presented. A. General Plan The proposed project is consistent with the policies and programs of the General Plan. The following table indicates how the project, including the partial street vacation, complies with the relevant elements of the General Plan. TABLE 1: GENERAL PLAN COMPLIANCE ELEMENT Land Use Housing USE, CLASSIFICATION, GOAL OBJECTIVE OR PROGRAM Proposed: RLM — Residential Low Medium (0-4 dwelling units/acre) Growth Management Control Point: 3.2 dwelling unit/acre Proposed TR Land Use - To remain under the Master Plan. Any future development would require Master Plan Amendment Zoning consistency with General Plan 15% inclusionary housing requirement per Objective 3.6 PROPOSED USES & IMPROVEMENTS Redesignate RMH and OS land as RLM to be conveyed to the adjacent residential properties. Proposed uses would be open space, landscaping and accessory structures. No new residential development proposed. Proposed TR Land Use designation is minor expansion of existing TR Land Use designation. Proposed R-l- 7,500 Zone is consistent with the RLM General Plan Land Use designation and the PC Zoning is consistent with the TR Land Use designation. No new residential development proposed. COMPLY Yes Yes Yes Yes Yes 1,0 GPA 05-09/ZC 05-06/MP 03-02(A) - LA COSTA RESORT LOT LINE ADJUSTMENT May 17, 2006 Page 4 TABLE 1: GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Public Safety Provide project review that allows consideration of seismic and geologic hazards, flood hazards, fire. Project improvements will not significantly impact or be impacted by geologic, seismic, flood or fire hazard conditions. Yes Open Space & Conservation Minimize environmental impacts to sensitive resources within the City. Preserve open space consistent with the habitat preserve and linkage areas identified in the HMP. The project will redesignate/rezone OS areas with no sensitive resources previously designated as RLM back to RLM. The open space area was not identified as an HMP habitat preserve area or linkage. No sensitive resources exist on site. Yes Yes Noise Residential exterior noise standard of 60 dB A CNEL and interior noise standard of 45 dBA. The project does not contain noise generating uses and is not subject to significant exterior noise sources. Yes All public infrastructures necessary to serve the properties already exist. Circulation Requires new development to dedicate and improve all public rights-of-way for circulation facilities needed to serve development. Yes B. Residential Single Family Zone The proposed Zone Change will change the Zoning designation of the "finger" lands from PC to R-l-7,500 to allow for the conveyance of the land to the adjacent R-l-7,500 Zoned properties. The residential properties within the project are to be increased in size by the acceptance of open space land that is located behind the residential lots. The existing residential lots all presently have street frontage on a publicly dedicated street. There are no proposed changes to the lot frontages or lot widths, except for lots 63 and 64, whose lot frontages will increase by 30 feet. Only the lot area is proposed to increase by the addition of the open space land being conveyed. The amount of land being conveyed ranges from 549.5 square feet for lot 95 to 46,795.2 square feet for lot 137. Please refer to the exhibits for the distribution of the property. Overall, the lots will meet or exceed the residential lot width and size requirements of the R-l-7,500 Zone. GPA 05-09/ZC 05-06/MP 03-02(A) - LA COSTA RESORT LOT LINE ADJUSTMENT May 17, 2006 PageS C. La Costa Resort and Spa Master Plan Amendment The La Costa Resort and Spa Master Plan identifies the subject property as part of Planning Area 7, which encompasses the La Costa Resort and Spa and the Golf Course open space, including the "finger" lands. The Master Plan identified the Land Use and Zoning of the "finger" lands as Residential Low-Medium and Residential Single Family with a Qualified Development Overlay (R-l-Q) as an interim Zoning designation and anticipated the conveyance of the "finger" lands to the adjacent residential property owners. The Master Plan also specifies the process in which to implement the conveyance. Any development proposed within the "finger" lands area must comply with the Qualified Development Overlay section of the Zoning Ordinance. With this approval, the Qualified Development Overly will be removed and the resulting Zoning would be R-l-7,500. A small triangular shaped piece of land located easterly of Arenal Lane and defined by existing and proposed private access ways will be changed from RLM to TR as a result of the realignment of a private driveway serving five homes that are not a part of the project. As a result of the driveway realignment, the triangular-shaped area will now be contiguous to land currently designated as TR. This area is separated from the OS designated lands of the golf course by access ways and not adjacent to any other OS designated lands. The "finger" lands to be conveyed to the adjacent residential properties will be removed from the La Costa Resort and Spa Master Plan (MP 03-02). The Master Plan Amendment also includes revisions to the General Plan and Zoning exhibits to reflect the proposed Land Use and Zoning changes and minor text changes to remove wording identifying facilities as "existing" or "proposed." D. Growth Management Ordinance The project is located within Local Facilities Management Zone 6. Since the project does not include any new development or increase in the numbers of dwelling units or impact existing public utilities, there are no growth management impacts associated with the project. £. Habitat Management Plan (HMP) The City's HMP does not identify the project site as being within a hardline or standards area. The open space areas are void of any significant habitats and are shown as "development area" on the Habitat Management Plan Figure 28. No impacts are identified or assessed. V. ENVIRONMENTAL REVIEW Staff has conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The project does not have any impacts to any significant native or wetland habitats or wildlife species identified as candidate, sensitive or special status by the wildlife agencies and is identified as a development area within the HMP. In consideration of the foregoing, the Planning Director issued a Notice of Intent to adopt a Negative Declaration for the project on December 6, 2005. No comments were received during the 20-day public review period. GPA 05-09/ZC 05-06/MP 03-02(A) - LA COSTA RESORT LOT LINE ADJUSTMENT May 17, 2006 Page 6 ATTACHMENTS: 1. Planning Commission Resolution No. 6075 (Neg. Dec.) 2. Planning Commission Resolution No. 6076 (GPA) 3. Planning Commission Resolution No. 6077 (ZC) 4. Planning Commission Resolution No. 6078 (MPA) 5. Location Map 6. Background Data Sheet 7. Disclosure Statement 8. Underlined/strikethrough Master Plan text (distributed separately) BACKGROUND DATA SHEET CASE NO: GPA 05-09/ZC 05-06/MP 03-02(A) CASE NAME: LA COSTA RESORT LOT LINE ADJUSTMENT APPLICANT: KSL La Costa Resort Company LLC REQUEST AND LOCATION: Request for a recommendation of adoption for a Negative Declaration and a recommendation of approval for a General Plan Amendment to change the Land Use and Open Space and Conservation Element designations on multiple properties from Open Space (OS) and Residential Medium-High (RMH) to Residential Low Medium (RLM) and Travel Recreation/Commercial (TR), a Zone Change to change the Zoning designation of multiple properties from Planned Community (PC) to Residential Single Family, 7,500 square foot lot size minimum (R-l-7,500) and a Master Plan Amendment to modify the boundaries and approve Land Use and Zoning map changes to the La Costa Resort and Spa Master Plan on lands generally located east of El Camino Real between Alga Road and La Costa Avenue in Local Facilities Management Zone 6. LEGAL DESCRIPTION: Lots 1. 25. 26 and 27 of Carlsbad Tract Map CT 03-01-01. in the City of Carlsbad. County of San Diego, State of California, according to map thereof no. 14984, filed in the Office of the County Recorder of San Diego, March 18, 2005 as file number 2005- 0224598. APN: 215-160-01-03 and 216-593-01-04 Acres: Unknown Proposed No. of Lots/Units: N/A (lot line adjustments only) GENERAL PLAN AND ZONING Existing Land Use Designation: RMH, OS, and TR Proposed Land Use Designation: RLMandTR Density Allowed: N/A Density Proposed: N/A Existing Zone: PC Proposed Zone: R-l-7.500 Surrounding Zoning, General Plan and Land Use: General Plan Current Land Use Site R-1/PC/OS RMH/TR/OS Open Space North R-l-7,500 RLM Residential South PC TR La Costa Resort East PC OS Golf Course West R-l-7,500 RLM Residential Revised 01/06 LOCAL COASTAL PROGRAM Coastal Zone: Q Yes £3 No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: Q Yes E3 No Coastal Development Permit: O Yes £3 No Local Coastal Program Amendment: I I Yes [X] No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Leucadia Equivalent Dwelling Units (Sewer Capacity): No Change ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, /\J Negative Declaration, issued December 6, 2005 Certified Environmental Impact Report, dated Other, Revised 01/06 JLU/.L//ZUUJ: j_o:oa JPAA reu aza LA UUSTA KHSUKl * City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require | discretionary action on the pan of the City Council or any appointed Board. Commission or Committee. \ The following information MUST be disclosed at the time of application submiral. Your project cannoi be reviewed until this information is completed. Please print Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club; fraternal organization, corporation, estate, crust, receiver, syndicate, in this and any other county, dry 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, lite legal name and entity of die applicant and property owner must be provided below, 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons haying a financial interest in the application." If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a mtbliclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, Title_ Corp/Part_ Title Address Address. 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL 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 die ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a oubliclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, Title Corp/ParL Title Address Address 1635 Faraday Avenue * Carlsbad, CA 92O08-7314 - (760) 6O2-46OO • FAX (76O) 6O2-S559 10/17/2002 16:59 FAX 760 929 .6313 3. NON-PROFIT . ^ANIZATION OR TRUST Q|004 If any person identified pursuant 10 ( 1 ) or (2) above is a nonprofit organization or a crus:. ha: :'m- names and addresses of ANY person serving as an officer or director of the non-prow organization or as trustee or beneficiar of the. Non ProficTTrusr Title Non Profit Trust Title Address Address 4. Have you had more than S250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (-12) months? Yes I 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 Signature of owner/date Signature of applicant/date 'O. Print or type name of owner Print or type name of Applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMINVCOUNTER\DISCt.OSURE STATEMENT S/9S Page 2 of 2 City of Carlsbad PI a n n i n g D e p a r t m e n t DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this 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.'! , V '> .*' Agents may sign this document; however, the legal name and entity of^the applicant and-property owner must be provided below. ,_ ' '-, ' -s'z.,~~-' , _'*--'"_< 1 **' "'' ; ' 1. 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 partnership, include the- names, title, addresses of all individuals owning more than 10% of the shares.-IF-NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) TN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part. Title Title Address Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL 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 corporation or partnership, include the names, title, addresses of-all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASFmDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached ifnecessary.) ' A- Corp/Part Title : ' Person SHA-R.QAJ Title Address Address 1635 Faraday Avenue • Carlsbad, CA 92008-7314 - (76O) 602-46OO • FAX (760) 602-8559 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust 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 Council within the past twelve (12) months? Yes VI 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. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 / 0 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title . Title__ Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes V I 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. X Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 *")Q Planning Commission Minutes May 17, 2006 Page 5 EXHIBIT 7 4. GPA 05-09/ZC 05-06/M 03-02fA) - LA COSTA RESORT LOT LINE ADJUSTMENT - Request for A RECOMMENDATION OF ADOPTION OF A Negative Declaration and a recommendation of approval for a General Plan Amendment to change the Land Use and Open Space and Conservation Element designations on multiple properties from Open Space (OS) and Residential Medium-High (RMH) to Residential Low Medium (RLM) and Travel Recreation/Commercial (TR), a Zone Change to change the Zoning designation of multiple properties from Planned Community (PC) to Residential Single Family, 7,500 square foot lot size minimum (R-1-7,500) and a Master Plan Amendment to modify the boundaries and approve Land Use and Zoning map changes to the La Costa Resort and Spa Master Plan on lands generally located east of El Camino Real between Alga Road and La Costa Avenue in Local Facilities Management Zone 6 Mr. Neu introduced Item 4 and stated Senior Planner Van Lynch would make the Staff presentation. Chairperson Montgomery stated due to a conflict of interest, he would have Commissioner Baker chair the meeting. Commissioner Baker opened the Public Hearing on Item 4. Mr. Lynch gave a presentation and stated he would be available to answer any questions. Commissioner Baker asked if the applicant would like to continue with 5 commissioners present. The applicant replied, yes. Commission Baker asked if there were any questions for Staff. Commissioner Dominguez asked if the currently non-maintained open space will have a maintenance program. Mr. Lynch replied that he would need to review KSL's maintenance program and recommended the applicant to answer the question. Commissioner Whitton asked if all encroachments and infringements have been resolved by this document. Mr. Lynch replies, yes. Commissioner Segal questioned the meaning of one resident's non-participation. Mr. Lynch responded by explaining why one of the residents has chosen not to accept the land adjoining to his property due to a previous adjustment to his property. Commissioner Cardosa asked about the timing of the road alignment. Mr. Lynch replied that all inquiries regarding the maintenance and development of the private road should be directed to KSL. Commissioner Cardosa asked if there are any existing lots that are under the minimum 7,500 square footage size. Mr. Lynch replied that he did not know, he would have to check the map. There could be existing non-conforming lots. If the additional square footage increased the total square footage to 7,500 or more, the lots would now be considered conforming. Commissioner Cardosa asked if the one non-participating resident would cause any problems. Mr. Lynch replied, no. Commissioner Baker asked why the adjustment was not addressed at the time of the master plan presentation and zoning change one year prior. Assistant Planning Director Neu replied that when the master plan was set up, there was not enough time to contact property owners, etc. It was understood that the lot adjustment would be addressed at a later time. Commissioner Baker asked if there were any more questions of the staff. Seeing, none, she asked if the applicant would like to make a presentation. Jim Waples, Project Manager, KSL, 2100 Costa del Mar, Carlsbad stated the master plan was approved in December of 2004, and they have been working through the property line issues with the home owners Planning Commission Minutes May 17, 2006 Page 6 involved since that time. Mr. Waples stated he would be available to answer any questions and expressed his high regards for the City of Carlsbad staff. Commissioner Cardosa asked Mr. Waples about the realignment timing. Mr. Waples responded that he felt it would be within a reasonable period of time and the process is solely the responsibility of KSL. Commissioner Whitton asked Mr. Waples if the transfer and recordation was to be paid for by KSL. Mr. Waples stated KSL agreed to take the project through the planning commission and city council process. The next step is the lot line application. The homeowners would be responsible for escrow fees, engineering fees, application and coordination. KSL will require no fees in return for the land. Commissioner Dominguez asked if there will be a maintenance program for the reduced property area. Mr. Waples responded that the existing maintenance program will be in place. There will no maintenance or regular of irrigation. Commissioner Baker asked if there were any questions of the applicant, seeing none she asked if any members of the public wished to speak on the item. PUBLIC TESTIMONY Phil Hack, 2065 Caleta Court, Carlsbad stated his support of the project. James Bond, 2041 Caracol Court, Carlsbad states his support of the project. Mr. Bond asked if the open space will be permanently designated as open space. Commissioner Baker asked if there were any other questions or comments. Seeing none, she closed Public Testimony and requested Mr. Lynch to answer Mr. Bond's question. Mr. Lynch stated the property at the end of Adrenal Lane is presently Open Space Land Use designated in the Master Plan and is anticipated to remain as such. The property is also encumbered by open space easements as recorded by the last map and is part of the Master Plan approval. Commissioner Baker clarified that there would not be a structure built on the open space area and a General Plan and zone change would need to be completed. Mr. Lynch concurred. Commissioner Baker asked if there were any other questions of Staff. MOTION ACTION: Motion by Commissioner Cardosa, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6075 recommending adoption of a Negative Declaration and adopt Planning Commission Resolutions No. 6076, 6077 and 6078 recommending approval of General Plan Amendment GPA 05-09, Zone Change ZC 05-06 and Master Plan Amendment MP 03-02(A) based on the findings and subject to the conditions contained therein. DISCUSSION Commissioner Whitton stated it is good the have the lots resolved for the homeowners and KSL's benefit. He supports the project. Commissioner Segall stated he is fine with the project. Commissioner Dominguez stated he is in full support of the project. He thanked Staff and the applicant for their diligence in resolving the issues. Commissioner Cardosa applauded Staff and their due diligence. He supports the project. Commissioner Baker supports the project. She congratulated all the homeowners and KSL for a "win-win" situation. Planning Commission Minutes May 17, 2006 Page 7 VOTE: 5-0 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton NOES: None ABSENT: Commissioner Hienmenan, Chairperson Montgomery (Recused due to conflict of interest) Chairperson Montgomery closed the Public Hearing on Item 4 and asked Mr. Neu to introduce the next item. 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 the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, July 11, 2006, to consider a request for adoption of a Negative Declaration and approval of a General Plan Amendment to change the Land Use and Open Space and Conservation Element designations on multiple properties from Open Space (OS) and Residential Medium-High (RMH) to Residential Low Medium (RLM) and Travel Recreation/Commercial (TR), a Zone Change to change the zoning designation of multiple properties from Planned Community (PC) to Residential Single Family, 7,500 square foot lot size minimum (R-1-7,500) and a Master Plan Amendment to modify the boundaries and approve Land Use and Zoning map changes to the La Costa Resort and Spa Master Plan on lands generally located east of El Camino Real between Alga Road and La Costa Avenue in Local Facilities Management Zone 6 and more particularly described as: Lots 1, 25, 26 and 27 of Carlsbad Tract Map CT 98-01-01, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14984, filed in the Office of the County Recorder of San Diego, March 18, 2005 as file number 2005-0224598. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after July 7, 2006. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. If you challenge the Negative Declaration, General Plan Amendment, Zoning Map and/or Master Plan Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 05-09/ZC 05-06/MP 03-02(A) CASE NAME: LA COSTA RESORT LOT LINE ADJUSTMENT PUBLISH: June 26, 2006 CITY OF CARLSBAD CITY COUNCIL SITE MAP NOT TO SCALE LA COSTA RESORT LOT LINE ADJUSTMENT G PA 05-09/ ZC 05-06/ M P 03-02 (A) PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp 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: June 26th, 2006 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 26th Day of June, 2006 Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of NOTICE Of PUBLIC HgAMNG 1200CarTsL_6:00 p.m. on 1request for ad,—iroval of a IUse £ liar Low Mediumatton/Commercialthe zoning desi I at the Council Champers,e, Carlsbad, California, atto consider a _ sclaration andnendment to chanceand Conservation El-•*"Mto& desci Sum-High (F , .__... , , and Travel Recre-I), a Zone Change to changen of multiple properties from'C> to Residential Single Fam-lot size minimum (R-1-7,500)endment to modify the bound-J - e and Zoning map chang-... and Spa Master Plan oneast of El Camino Real be-La Costa Avenue in Locallanagement Zone 6 and more particularly ,lia. according to map therIB Office of the County Recirch 18. 2005 aslile n lereof no.jorder ofnumber Lots 1,25. 26 and 27 of C01-01, in the City of CartelState of CalifornU14984. filed in theSarrDiego, Ma2005-0224598. Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. Copiesof the agenda bill will be available on and after Jury 7,2006. If you have any questions, please call vanLynch in the Planning Department at [760) 602-4613. If you challenge the Negative Declaration, GeneralPlan Amendment, Zoning Map and/or Master PjanAmendment in court/ you may be limited to raisingonly those issues you or someone else raised at thepublic hearing described in this notice or in writtensgrmB^SMS^'&&£$&&Drive, Carlsbad, CA 92008, at or prior to (he publichearing. CASE FILE: GPA 05-09/ZC 05-06/MP ,03-02(A) CASE NAME: LA COSTA RESORT LOT LINEADJUSTMENT NCT 1951326 • 06/26/06 Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 O CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DIST 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949VIEWRIDGEAVE SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 SCOTT MALLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD RECREATION SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER BOB WOJCIK CITY OF CARLSBAD PROJECT PLANNER VAN LYNCH 06/13/2006 ®09LS AUaAV-OD-008-L ®091S »ueqe6 3| tor K S L LA COSTA RESORT CORP 50905 AVENIDA BERMUDAS LA QUINTA, CA 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RD HILLSBOROUGH, CA 94010 GRETCHEN BRAKEBILL PO BOX 928 SOLANA BEACH, CA 92075 STEVEN K & DEBORAH MARTIN 28050 GLENMEADE WAY ESCONDIDO, CA 92026 LINDA DANET 1923 ESTRELLA DE MAR CT B CARLSBAD, CA 92009 CHRISTOPHER BALDWIN 1923 ESTRELLA DE MAR CT C CARLSBAD, CA 92009 FRED JONAS PO BOX 130488 CARLSBAD, CA 92013 MICHAEL A WOLFE 1927 ESTRELLA DE MAR CT A CARLSBAD, CA 92009 MITCHELL D & PATRICIA ROBERTA 1927 ESTRELLA DE MAR CT B CARLSBAD, CA 92009 MICHAEL & JEANIE SERGENT 1720 KIRK PL CARLSBAD, CA 92008 MARCIA VANDERWOUDE 9375 WHISPERING SANDS DR WEST OLIVE, MI 49460 XDJ ESTABLISHMENT 1931 ESTRELLA DE MAR CT B CARLSBAD, CA 92009 SHARI & MARK COHEN 3217 LA COSTA AVE CARLSBAD, CA 92009 RYAN J HENSCH 1931 ESTRELLA DE MAR CT D CARLSBAD, CA 92009 l" ROBERT L & JOANNE MARSOLAIS 1915 ESTRELLA DE MAR CT C CARLSBAD, CA 92009 ANDREW G ZAFERAKIS 1915 ESTRELLA DE MAR CT B CARLSBAD, CA 92009 ALFRED HANSER 1915 ESTRELLA DE MAR CT A CARLSBAD, CA 92009 ELAINE R CHETISTER 1901 ALGA RD A CARLSBAD, CA 92009 STEVEN W CLARE 1901 ALGA RD B CARLSBAD, CA 92009 THOMAS L IHLAN 5335 WESTFIELD CT LAKE OSWEGO, OR 97035 LISA & ETHEL HERRERA 1901 ALGA RD D CARLSBAD, CA 92009 JAMES M & TERESE DORR 1901 ALGA RD E CARLSBAD, CA 92009 SHEILA SPENCE 1905 ALGA RD A CARLSBAD, CA 92009 DAVID OGILVIE 1905 ALGA RD B CARLSBAD, CA 92009 DOUGLAS M LISTER 1905 ALGA RD C CARLSBAD, CA 92009 MARC SANDKNOP 1905 ALGA RD D CARLSBAD, CA 92009 KLIEN GARDNER 1909 ALGA RD A CARLSBAD, CA 92009 DICK AHLBORN *M* 716 BONAIR ST LA JOLLA, CA 92037 MICHAEL I SHELTON 1909 ALGA RD C CARLSBAD, CA 92009 ARMSTRONG 1909 ALGA RD D CARLSBAD, CA 92009 DONAGH MCGOWAN 1909 ALGA RD E CARLSBAD, CA 92009 LINCOLN ENTERPRISES INC 10615 BELLAGIO RD LOS ANGELES, CA 90077 VELIA TRUJILLO 1913 ALGA RD A CARLSBAD, CA 92009 SHAWN T & FARAH GREEN 1913 ALGA RD B CARLSBAD, CA 92009 DEREK M CARAVANTES 1913 ALGA RD C CARLSBAD, CA 92009 NATALY T PLUTA 1913 ALGA RD D CARLSBAD, CA 92009 MARIANNE R TAYLOR 1913 ALGA RD E CARLSBAD, CA 92009 PHILLIP JARRETT 1913 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CA 92011 HENDERSON & ANGELA NUGENT 7210 DURANGO CIR CARLSBAD, CA 92011 MCMILLEN 30 SEA TER NEWPORT COAST, CA 92657 EARL & JOYCE STARR 7214 DURANGO CIR CARLSBAD, CA 92011 WILSON WINEMAN 7216 DURANGO CIR CARLSBAD, CA 92011 DONALD & MARY SELTZER 7218 DURANGO CIR CARLSBAD, CA 92011 JAMES & SUSAN WADE 7220 DURANGO CIR CARLSBAD, CA 92011 NORMAN R NELSON 7222 DURANGO CIR CARLSBAD, CA 92011 PETER VALLEAU 7224 DURANGO CIR CARLSBAD, CA 92011 CAMERON A & JACQUELINE CLARK 7226 DURANGO CIR CARLSBAD, CA 92011 LAWRENCE D & ANITA VALENTI 2035 ALGA RD CARLSBAD, CA 92009 ALLARD ROEN 2050 CALETA CT CARLSBAD, CA 92009 ROBERT P & LAURA ELLIOT 7080 ESTRELLA DE MAR RD CARLSBAD, CA 92009 MIRKAMALEDIN MOSHIRI 7086 ESTRELLA DE MAR RD CARLSBAD, CA 92009 DON C & ALICE DEVENDORF 2016 CARACOL CT CARLSBAD, CA 92009 TIMOTHY S & AMANDA OMALLEY 2028 CARACOL CT CARLSBAD, CA 92009 DOUGLAS & NANCY HARTWIG 2040 CARACOL CT CARLSBAD, CA 92009 SEAN RICH 2052 CARACOL CT CARLSBAD, CA 92009 MCCANN 2029 CARACOL CT CARLSBAD, CA 92009 WATTS 2017 CARACOL CT CARLSBAD, CA 92009 RUSSELL & VICKI DEFRANCESCO 7100 ESTRELLA DE MAR RD CARLSBAD, CA 92009 GREISMAN 477 N EL CAMINO REAL A202 ENCINITAS, CA 92024 JOHN GREISMAN 477 N EL CAMINO REAL A202 ENCINITAS, CA 92024 PAUL W HAWRAN PO BOX 1162 RANCHO SANTA FE, CA 92067 ADAMS 7136 ESTRELLA DE MAR RD CARLSBAD, CA 92009 JAMES B BOND *M* 2041 CARACOL CT CARLSBAD, CA 92009 SALIMA RUFFIN 7100 ARENAL LN CARLSBAD, CA 92009 SHARON RUNAGER *M* 1035 SOLANA DR DEL MAR, CA 92014 JOHN L & KRISTINE HEFFNER 2030 MAR AZUL WAY CARLSBAD, CA 92009 KENNETH D & MARY ROLFES 2042 MAR AZUL WAY CARLSBAD, CA 92009 DONALD D & DOROTHY AARTHUN 2054 MAR AZUL WAY CARLSBAD, CA 92009 GOLDMAN 2002 2055 MAR AZUL WAY CARLSBAD, CA 92009 RICHARD & JOI CATLIN 2043 MAR AZUL WAY CARLSBAD, CA 92009 BARTELL CALIFORNIA PROPERTIED 28041 MOUNTAIN MEADOW RD ESCONDIDO, CA 92026 RICHARD ROSENBERG *M* 2019 MAR AZUL WAY CARLSBAD, CA 92009 CUBIC CORP 9333 BALBOA AVE MZ10- SAN DIEGO, CA 92123 JOHN F & THERESA CONWAY 7172 ESTRELLA DE MAR RD CARLSBAD, CA 92009 SAMUEL & PAULA MILLIMET 7184 ESTRELLA DE MAR RD CARLSBAD, CA 92009 MAX A STEWART 7196 ESTRELLA DE MAR RD CARLSBAD, CA 92009 G BRAKEBILL 7204 ESTRELLA DE MAR RD CARLSBAD, CA 92009 GARY F WAGNER 7228 DURANGO CIR CARLSBAD, CA 92011 GAYLE HOGG 7230 DURANGO CIR CARLSBAD, CA 92011 WILLIAM FREYBERGER 7232 DURANGO CIR CARLSBAD, CA 92011 PATRICK J & ANN HUGHES 7223 DURANGO CIR CARLSBAD, CA 92011 MICHELLE K HOBBA 7221 DURANGO CIR CARLSBAD, CA 92011 ROGER SANDERS 7219 DURANGO CIR CARLSBAD, CA 92011 THOMAS A & KATHLEEN SNODGRASf 7217 DURANGO CIR CARLSBAD, CA 92011 WILLIAM E & JUANITA WARREN 18101 MARK CIR VILLA PARK, CA 92861 MARK & PAMELA EVITTS 7213 DURANGO CIR CARLSBAD, CA 92011 JOHN P SCARPELLI 7211 DURANGO CIR CARLSBAD, CA 92011 LOREN & MARY ODELL 566 SIERRA MADRE BLVD SAN MARINO, CA 91108 MARK K & GRETCHEN EMBREE 7206 MANZANITA ST CARLSBAD, CA 92011 KYLE A SPORMANN 7208 MANZANITA ST CARLSBAD, CA 92011 TAMAYO 7210 MANZANITA ST CARLSBAD, CA 92011 JAMES T & MONICA EVANS 7212 MANZANITA ST CARLSBAD, CA 92011 JACK A & CAROLYN KUTTNER 7214 MANZANITA ST CARLSBAD, CA 92011 MARK E & BEVERLEE ABELL 7216 MANZANITA ST CARLSBAD, CA 92011 RICHARD & LISA ONO 1848 LOTUS CT CARLSBAD, CA 92011 STEVE PETTERSEN 2564 NAVARRA DR 202 CARLSBAD, CA 92009 JIM M & VICKI RUBY 1856 LOTUS CT CARLSBAD, CA 92011 ADAM 1860 LOTUS CT CARLSBAD, CA 92011 NIKI L ONEEL 1859 LOTUS CT CARLSBAD, CA 92011 MARTELL B & DIANE MONTGOMERY 1855 LOTUS CT CARLSBAD, CA 92011 DAVID S & ANGELINE MILLER 1851 LOTUS CT CARLSBAD, CA 92011 KIM L & POLLY JOHNSON 1847 LOTUS CT CARLSBAD, CA 92011 RICHARD FARINELLA 1843 LOTUS CT CARLSBAD, CA 92011 MATTHEW K BROWN 1839 LOTUS CT CARLSBAD, CA 92011 CORP LA COSTA RESORT 75 LLC 1105 QUAIL ST NEWPORT BEACH, CA 92660 CORP RT CORP DAS CORP DAS LT CORP RMUDAS T CORP ORP ORP CORP MARK R & JAN DOMASH 8 ROSELEAF IRVINE, CA 92620 FRANK & SHARON ALESIA 2034 ARENAL RD CARLSBAD, CA 92009 FRANK & SHARON ALESIA 2022 ARENAL 'RD CARLSBAD, CA 92009 FRANK & SHARON ALESIA 10960 WILSHIRE BLVD 938 LOS ANGELES, CA 90024 ORP K S CORP JUNE H DANIELS 7242 ARENAL LN CARLSBAD, CA 92009 LARRY D FLEMING 2959 N ROCK RD 5100 WICHITA, KS 67226 MAX SACKS 7210 ARENAL LN CARLSBAD, CA 92009 MICHAEL D & MELANIE SHAUGHNEJ 7150 ARENAL LN CARLSBAD, CA 92009 JUDITH BRODLIEB 7140 ARENAL LN CARLSBAD, CA 92009 *** 353 Printed *** STANLEY & BARBARA E MOURIN 7068 ESTRELLA DE MAR RD CARLSBAD CA 92009 1 La Costa Resort Lot Line La Costa Resort Lot Line AdjustmentAdjustment GPA 05GPA 05--09/ZC 0509/ZC 05--06/MP 0306/MP 03--02(A)02(A) Location MapLocation Map ALGA RD ALICANTE RDEL CAMINO REALMANZANITA STCOLUMBINE DRAVIARA PY LOTUS CT CEREUS CT TULE CT PAMPLONA WY LILAC CT 2 LA COSTA RESORT LOT LINE ADJUSTMENTBoundary 0400800200Feet GPA 05-09/ ZC 05-06/ MP 03-02(A) LA COSTA RESORT LOT LINE ADJUSTMENT General PlanGeneral Plan zz Land Use ElementLand Use Element zz From OS to RLMFrom OS to RLM zz From RMH to RLM (From RMH to RLM (AlesiaAlesia property)property) zz From OS to TRFrom OS to TR zz Open Space and Conservation ElementOpen Space and Conservation Element 3 Zone ChangeZone Change zz From Planned Community to RFrom Planned Community to R--11--7,5007,500 4 La Costa Resort and Spa MPLa Costa Resort and Spa MP zz Master Plan amendments to:Master Plan amendments to: zz Reflect General Plan and Zoning changesReflect General Plan and Zoning changes zz Modify boundaries of the Master PlanModify boundaries of the Master Plan zz Minor text changesMinor text changes 5 C A L E T A C T E S T R E LL A D E MAR RDEL CAMINO REALALGA RD CARACOL C TESTRELLA DE MAR CT 560Feet ARENAL LNMAR AZ UL WYPACIFICO RDEL CAMINO REALP LAYA RDALMADEN LNA R E N A L R DESTRELLA DE MAR RD540Feet 6 RecommendationRecommendation That the City Council:That the City Council: zz Approve the Resolution adopting the Negative Approve the Resolution adopting the Negative Declaration and approving the GPA Declaration and approving the GPA zz Approve the Ordinances approving the ZC and Approve the Ordinances approving the ZC and Master Plan AmendmentMaster Plan Amendment