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HomeMy WebLinkAbout2007-06-26; City Council; 19054; Aura CircleCITY OF CARLSBAD - AGENDA BILL 8 AB# 19,054 MTG. 06/26/07 DEPT. PLN AURA CIRCLE GrA 05-Qo/Z.C Oo-Oo/LuPA Oo-Uo/rlMP Uo-12/ SDP 05-05/HDP 03-05/CDP 03-32 DEPT. HEAD \j/L CITY ATTY. <®£ CITY MGR. >& RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. ZC 05-03 and ADOPT Resolution No. 2007-152 NS-847 APPROVING Zone Change ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and APPROVING General Plan Amendment GPA 05-06, Local Coastal Program Amendment LCPA 05-03, Habitat Management Plan Permit HMP 06-12, Site Development Plan SDP 05-05, Hillside Development Permit HDP 03-05 and Coastal Development Permit CDP 03-32. ITEM EXPLANATION: Project Applications Environmental Review (MND) GPA 05-06 ZC 05-03 LCPA 05-03 HMP 06-1 2 CT 03-10 SDP 05-05 HDP 03-05 CDP 03-32 Administrative Approvals Planning Commission RA RA RA RA RA X RA RA RA City Council X X X X- X X X X RA = Recommended Approval X = Final City decision -making authority •= requires Coastal Commission approval On May 2, 2007, the Planning Commission conducted a public hearing and recommended to the City Council approval (6-0 - Commissioner Whitton absent) of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change, Local Coastal Program Amendment, Habitat Management Plan Permit, Site Development Plan, Hillside Development Permit and Coastal Development Permit associated with a proposed 11-lot subdivision consisting of two open space lots and nine residential lots, together with the grading and construction of nine single-family residences and two second dwelling units on a 15.02 acre site located west of Kelly Drive and north of Hillside Drive at the terminus of Aura Circle in the northwest quadrant of the City in Local Facilities Management Zone 1. At the same hearing, the Planning Commission also approved (6-0) a Tentative Tract Map for the proposed 11-lot subdivision (CT 03-10). The subdivision would result in nine residential lots, each with a lot area of 8,000 sf or greater, and two open spaces lots with a combined area of 12.36 acres. The proposed GPA and ZC would change the General Plan Land Use designation of Residential Low- DEPARTMENT CONTACT: Barbara Kennedy 760-602-4626 bkenn@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D Dn D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 - AURA CIRCLE- GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/SDP 05-057 HDP 03-05/CDP 03-32 Medium Density (RLM) and Zone designation of One-Family Residential (R-1) on the two open space lots to Open Space (OS) in accordance with the requirements of the Habitat Management Plan (HMP). The Local Coastal Program Amendment is necessary to provide consistency between the General Plan Land Use Map and Coastal Land Use Map. The Open Space and Conservation Element of the General Plan will also be updated to reflect the OS designation on this site. In order to comply with the City's Inclusionary Housing Requirement, second dwelling units (SDUs) are proposed on Lots 7 and 9. This request to satisfy Inclusionary Housing through SDUs requires City Council approval of the Site Development Plan. In the event the request is not approved, the City Council may instead allow the applicant the option to purchase affordable housing credits within the future 10-unit Roosevelt Gardens project located within the Northwest Quadrant of the City. Four residents spoke at the Planning Commission hearing with concerns about slope stability, fire safety, drainage, and removal of illegal encroachments on the west edge of the project site. The Planning Commission added a condition to the project to ensure that vegetation along the north boundary would be low fuel volume planting for added fire safety. A full disclosure of the Planning Commission's actions and a complete description and staff analysis of the proposed project are included in the attached minutes and Planning Commission staff report. The Planning Commission and staff are recommending approval of the proposed discretionary actions. FISCAL IMPACT: All public infrastructure required for this project will be funded and or/constructed by the developer. No fiscal impacts to the City have been identified. ENVIRONMENTAL IMPACT: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Potentially significant biological impacts were identified. The developer has agreed to mitigation measures to reduce the identified impacts to below a level of significance in accordance with CEQA. The environmental documents were sent directly to the area offices of the U.S. Fish and Wildlife Service (USFWS), the California Department of Fish and Game (CDFG), and the California Coastal Commission. In consideration of the foregoing, the Planning Director issued a Notice of Intent to Adopt a Mitigated Negative Declaration for the project on January 17, 2007. Comments were received from USFWS, CDFG, the Public Utilities Commission, and the San Luis Rey Band of Mission Indians. In response to the comment letters, several additional conditions were added to the project to address the concerns raised by the Wildlife Agencies and the San Luis Rey Band of Mission Indians. The comment letters and staff responses are included as an attachment to Resolution 6285 for the Mitigated Negative Declaration. GROWTH MANAGEMENT STATUS: Facilities Zone Local Facilities Management Plan Special Facility Fee 1 1 None EXHIBITS: 1. City Council Ordinance No. NS-847 2. City Council Resolution No. 2007-152 3. Location Map 4. Planning Commission Resolutions No. 6285, 6286, 6287, 6288, 6289, 6290, 6291, 6292, and 6293 5. Planning Commission Staff Report, dated May 2, 2007 6. Draft Excerpts of Planning Commission Minutes, dated May 2, 2007 1 ORDINANCE NO. US-Q47 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 05-03, 4 FROM R-1 ONE FAMILY RESIDENTIAL ZONE (8,000 SQUARE FOOT MINIMUM LOT SIZE) TO OPEN SPACE (OS) ON LOTS 5 10 AND 11 OF CT 03-10 ON PROPERTY GENERALLY LOCATED WEST OF KELLY DRIVE AND NORTH OF HILLSIDE 6 DRIVE AT THE TERMINUS OF AURA CIRCLE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM 7 AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: AURA CIRCLE 8 CASE NO.: ZC 05-03 9 The City Council of the City of Carlsbad, California, does hereby resolve as follows:10 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 05-03," dated May 2, 2007 attached hereto and made a part hereof.13 14 SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6287 constitute the findings and conditions of the 16 City Council. EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days after its adoption but not until Local Coastal Program Amendment LCPA 05-03 is approved by 1 g17 the California Coastal Commission, and the City Clerk shall certify to the adoption of this 70 ordinance and cause it to be published at least once in a publication of general circulation in the 21 City of Carlsbad within fifteen days after its adoption. 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 26th day of June, 2007, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) ZC 05-03 ZONE CHANGE AURA CIRCLE Exhibit "ZC 05-03" May 2, 2007 1/9/07 EXISTING PROPOSED Related Cases File No(s): GPA 05-06/ZC 05-03/LCPA 05-03/CT03- 10/SDP 05-05/HDP 03-05/CDP 03-32 Zone Change Property A. 207-100-48 B. C. D. From: R-1-8,000 To: R-1-8.000/O-S 5 1 RESOLUTION NO. 2007-152 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED 3 NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING A GENERAL 4 PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT, HABITAT MANAGEMENT PLAN PERMIT, SITE 5 DEVELOPMENT PLAN, HILLSIDE DEVELOPMENT PERMIT AND COASTAL DEVELOPMENT PERMIT FOR AN 11 -LOT 6 SUBDIVISION INCLUDING GRADING AND CONSTRUCTION OF NINE SINGLE-FAMILY RESIDENCES AND TWO SECOND 7 DWELLING UNITS ON PROPERTY GENERALLY LOCATED WEST OF KELLY DRIVE AND NORTH OF HILLSIDE DRIVE AT 8 THE TERMINUS OF AURA CIRCLE WITHIN THE MELLO SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN 9 LOCAL FACILITIES MANAGEMENT ZONE 1 . CASE NAME: AURA CIRCLE 10 CASE NO.: GPA 05-06/LCPA 05-03/HMP 06-127 _ SDP 05-05/HDP 03-05/CDP 03-32 11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on May 2, 2007, hold a duly noticed public hearing as prescribed by law to consider a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,14 General Plan Amendment; Local Coastal Program Amendment, Habitat Management Plan Permit, Site Development Plan, Hillside Development Permit and Coastal Development Permit;16 17 WHEREAS, the City Council of the City of Carlsbad, on the _ __ day oflo _ , 2007, held a duly noticed public hearing to consider said Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan _, Amendment; Local Coastal Program Amendment, Habitat Management Plan Permit, Site 22 Development Plan, Hillside Development Permit and Coastal Development Permit and at that time received recommendations, objections, protests, comments of all persons interested in or opposed to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 25 Program and/or GPA 05-06, LCPA 05-03, HMP 06-12, SDP 05-05, HDP 03-05, and CDP 03-32; 26 and 27 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 2g Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolutions No. 6285, 6286, 6288, 6289, 6290, 6291, 6292 and 6293 on file with the City Clerk and made a part hereof by reference, are the findings and conditions of 4 the City Council. 5 3. That the application for a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and General Plan Amendment; Local Coastal Program 6 Amendment, Habitat Management Plan Permit, Site Development Plan, Hillside Development Permit and Coastal Development Permit on property generally located west of Kelly Drive and 7 north of Hillside Drive at the Terminus of Aura Circle is approved as shown in Planning Commission Resolutions No. 6285, 6286, 6288, 6289, 6290, 6291, 6292 and 6293. 8 4. That the application for a General Plan Amendment to change the Land Use 9 designation from Residential Low-Medium Density (RLM) to Open Space (OS) on 12.36 acres of land contained within Lots 10 and 11 of Tentative Tract Map CT 03-10 as shown in Planning 10 Commission Resolution No. 6286, is hereby accepted, approved in concept, and shall be included in the second General Plan Amendment of 2007. 11 5. This action shall not become final until the Local Coastal Program Amendment (LCPA 05-03) is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 14 "NOTICE TO APPLICANT" The time within which judicial review of this decision must be 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 becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is 20 extended 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 attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of 22 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 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 26™ day of June, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard NOES: None. ABSENT: None. arv\ LORRAINE M. WOOD, City Clerk' (SEAL) .^••"IJ,, /•&SS8SX? <£<'^'Vto'-X-:--•* 11 • _ J-JJW'w- ^ •* EXHIBIT 3 / / v x SITEMAP NOT TO SCALE AURA CIRCLE GPA 05-067 ZC 05-037 LCPA 05-037 HMP 06-127 SDP 05-057 HDP 03-057 CDP 03-32 EXHIBIT 4 1 PLANNING COMMISSION RESOLUTION NO. 6285 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 TO FOR THE SUBDIVISION, GRADING, AND , DEVELOPMENT OF A 15.02 ACRE SITE INTO NINE RESIDENTIAL LOTS AND TWO OPEN SPACE LOTS, 6 INCLUDING CONSTRUCTION OF NINE SINGLE-FAMILY RESIDENCES AND TWO SECOND DWELLING UNITS ON 7 PROPERTY GENERALLY LOCATED WEST OF KELLY DRIVE AND NORTH OF HILLSIDE DRIVE AT THE 8 TERMINUS OF AURA CIRCLE WITHIN THE MELLO II o SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. 10 CASE NO.: GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-127 CT 03-10/SDP 05-05/ HDP 03-05/CDP 03-32 11 CASE NAME: AURA CIRCLE 12 WHEREAS, Carlsbad Green, LLC, "Owner/Developer," has filed a verified 13 application with the City of Carlsbad regarding property described as 14 That portion of Lot "I" of Rancho Agua Hedionda, in the City 1-* of Carlsbad, County of San Diego, State of California, ,, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, 17 further described in Attachment "A" 18 ("the Property"); and 1 Q WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with 20 said project; and 21 WHEREAS, the Planning Commission did on the 2nd day of May, 2007, hold a 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, examining the initial study, analyzing the information submitted by staff, and 9' f\considering any written comments received, the Planning Commission considered all factors 27 relating to the Mitigated Negative Declaration. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Planning 3 Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit 4 "ND," according to Exhibits "NOI" dated January 17, 2007, and "PII" dated ,. December 18, 2006, attached hereto and made a part hereof, based on the following findings and subject to the following conditions: 6 Findings: 7 1. The Planning Commission of the City of Carlsbad does hereby find:8 n a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for AURA CIRCLE - 10 GPA 05-06, ZC 05-03, LCPA 05-03, HMP 06-12, CT 03-10, SDP 05-05, HDP 03-05, and CDP 03-32, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and 13 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California 14 Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and .,- c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 17 d. based on the EIA Part II and comments thereon, there is no substantial evidence 18 the project will have a significant effect on the environment. 19 Conditions: 20 1. Developer shall implement, or cause the implementation of the Aura Circle Mitigation 21 Monitoring and Reporting Program. 22 23 24 25 26 27 28 M PC RESO NO. 6285 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 !5 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 2nd day of May, 2007, by the following vote, to wit: AYES: NOES: Chairperson Baker, Commissioner Cardosa, Dominguez, Douglas, Montgomery, and Segall ABSENT: Commissioner Whitton ABSTAIN: R, Chairperson PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6285 -3- ATTACHMENT "A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: THAT PORTION OF LOT "I" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 17, OF LACUNA RIVIERA UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5871, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 21, 1967; THENCE ALONG THE WESTERLY BOUNDARY OF SAID MAP NO. 5871 TO THE NORTHEAST CORNER OF LOT 37 OF LACUNA RIVIERA UNIT NO. 2, IN THE CTTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6165, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 8, 1968; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID MAP NO. 6165, TO THE SOUTHEAST CORNER OF LOT 298 OF LACUNA RIVIERA UNIT NO. 9, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7516, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 29, 1972; THENCE ALONG THE EASTERLY BOUNDARY OF SAID MAP NO. 7516 TO THE MOST NORTHERLY CORNER OF LOT 286 OF SAID MAP NO. 7516, BEING ON THE SOUTHERLY LINE OF LOT 131 OF CARLSBAD TRACT NO. 76-15, UNIT 3 (PALISADES POINT), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10579, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31, 1983; THENCE EASTERLY ALONG THE SOUTHERLY AND SOUTHEASTERLY LINES OF LOTS 131 AND 130 OF SAID MAP NO. 10579 TO THE MOST SOUTHERLY CORNER OF CARLSBAD TRACT NO. 73-8 (CARLSBAD PALISADES) UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8039, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 6, 1974; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE OF SAID MAP NO. 8039 TO THE POINT OF BEGINNING. APN: 207-100-48-00 City of Carlsbad Planning Department CASE NAME: CASE NO: NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Aura Circle GPA 05-06/ZC 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP 05-05/HDP 03- 05/CDP 03-02 PROJECT LOCATION: North of Hillside Drive, west of Kelly Drive at the terminus of Aura Circle PROJECT DESCRIPTION: A General Plan Amendment, Zone Change, Local Coastal Program Amendment, Habitat Management Plan Permit, Tentative Subdivision Map, Site Development Plan, Hillside Development Permit, and Coastal Development Permit for a proposed 11-lot subdivision. The subdivision will result in 9 residential lots and 2 open space parcels. Single-family residences are proposed for development on each of the lots. Open Space Lots 10 and 11 comprise 12.363 acres (82% of the project area). The open space lots will have new General Plan Land Use and zoning designations of OS (Open Space). An LCP amendment is required to reflect the new OS designations on the LCP Land Use Plan and Zoning Maps and a Coastal Development Permit is required for the proposed subdivision and residential construction. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration 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 30-days of the date of this notice. The proposed project and Mitigated 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 Barbara Kennedy in the Planning Department at (760) 602-4626. PUBLIC REVIEW PERIOD PUBLISH DATE January 17, 2007 through February 16. 2007 January 17.2007 1635 Faraday Avenue • Carlsbad, CA 92008-7314 « (760) 602-4600 • FAX (760) 602-8559 « www.ci.carlsbad.ca.us City of Carlsbad Planning Department MITIGATED NEGATIVE DECLARATION CASE NAME: AURA CIRCLE CASE NO: GPA Q5-06/ZC 05-03/LCPA 05-03/HMPP Q6-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-02 PROJECT LOCATION: North of Hillside Drive, west of Kelly Drive at the terminus of Aura Circle PROJECT DESCRIPTION: A General Plan Amendment, Zone Change, Local Coastal Program Amendment, Habitat Management Plan Permit, Tentative Subdivision Map, Site Development Plan, Hillside Development Permit, and Coastal Development Permit for a proposed 11-lot subdivision. The subdivision will result in 9 residential lots and 2 open space parcels. Single-family residences are proposed for development on each of the lots. Open Space Lots 10 and 11 comprise 12.363 acres (82% of the project area). The open space lots will have new General Plan Land Use and zoning designations of OS (Open Space). An LCP amendment is required to reflect the new OS designations on the LCP Land Use Plan and Zoning Maps and a Coastal Development Permit is required for the proposed subdivision and residential construction. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: [ | 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. EX] The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). CH Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: May 2. 2007. pursuant to PC Resolution No. 6285 ATTEST:, *&OY\ / 10*4 DON NEU Assistant Planning Director 15 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 « FAX (760) 602-8559 « www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: GPA 05-06/ZC 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-02 DATE: December 18. 2006 BACKGROUND 1. CASE NAME: Aura Circle 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Barbara Kennedy, 760-602-4626 4. PROJECT LOCATION: North of Hillside Drive, west of Kelly Drive at the terminus of Aura Circle 5. PROJECT SPONSOR'S NAME AND ADDRESS: Carlsbad Greens. LLC P.O. Box 300489 Escondido. CA 92030 (760) 749-6060 Phone (760)749-6066 Fax 6. GENERAL PLAN DESIGNATION: RLM - Residential Medium-Low (0-4 du/ac) 7. ZONING: R-1-8000 (Single-Family Residential 8,000 sf minimum lot size) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements):N/A 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The proposed Aura Circle project is located on a 15-acre site in the northwest quadrant of the City of Carlsbad, west of Kelly Drive, north of Hillside Drive at the terminus of Aura Circle. Single-family residential land uses surround the site. A General Plan Amendment, Zone Change, Local Coastal Program Amendment, Habitat Management Plan Permit, Tentative Subdivision Map, Site Development Plan, Hillside Development Permit and Coastal Development Permit are required for the proposed subdivision consisting of 9 residential lots with a minimum lot area of 8,000 square feet and 2 open space lots. Open Space Lots 10 and 11 comprise 12.363 acres (82- percent of the project area). The residential development is clustered on approximately 2.66 acres located near the south end of the 15-acre parcel. The open space lots will have new Zone and General Plan Land Use designations of OS (Open Space). The residential lots will retain the existing RLM (Residential Low-Medium Density) General Plan Land Use and R-l-8,000 Zone designations. A Local Coastal Program Amendment is required to reflect the new OS General Plan Land Use and Zoning designations on the Local Coastal Plan Land Use and Zoning Maps. The site requires 15,353 cy/ac of earthwork to accommodate development pursuant to the standards outlined in the City's Habitat Management Plan (HMP), and pursuant to the California Coastal Commission (CCC) direction for the site's HMP hardline. The proposed plan concentrates development in the southern portion of the existing lot, resulting in preservation of 3.17 acres of Coastal Sage Scrub with 1.84 acres of impact, preservation of 0.44 acres of Native Grassland with no impacts, preservation of 0.30 acres of Non-Native Grassland with no impacts, and preservation of 6.07 acres of Disturbed Habitat with 3.21 acres of impact. These impacts meet the terms set by the HMP regarding CSS. The impacts will be mitigated per the Carlsbad HMP. \(p GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE 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. Aesthetics Agricultural Resources Air Quality X. Biological Resources X Cultural Resources Geology/Soils | Hazards/Hazardous Materials Hydrology /Water Quality Land Use and Planning Mineral Resources Mandatory Findings of Significance Noise J Population and Housing Public Services Recreation Transportation/Circulation Utilities & Service Systems n Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE DETERMINATION. (To be completed by the Lead Agency) I _ I I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Date \1\1Si ' - 06 Acting Planning Director's Signature Date Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Initial Study", 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. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE • 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-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a-d) No Impact. The proposed site is an infill site for the development of 9 single-family residences and two open space lots. Over 80% of the site will be designated as open space and all graded slopes will be revegetated. The proposed use is consistent with the surrounding single-family residential uses and will be designed so that it does not contribute a significant amount of light or glare. Development will be clustered on the lower, less visible portion of the site and the upper, more visible hillside area will be preserved. II. 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE a-c) No Impact. There will be no impacts on agricultural resources since the site is not designated as or used as farmland. The proposed project is consistent with the City of Carlsbad General Plan. The subject site is zoned R-l- 8,000 (Single-family Residential, 8,000 sf min. lot size) and is not subject to a Williamson Act Contract. The project would not result in other changes to the environment that would result in the conversion of farmland to non- agricultural uses. The General Plan Land Use designation is Residential Low-Medium Density (RLM), which anticipates a single-family detached residential development at 0 to 4 du/ac. Given the uneven topography, surrounding residential development, and lack of existing agricultural infrastructure, it is unlikely that an agricultural operation would be viable at this location. Development of the site as proposed would not adversely affect agricultural resources. HI. 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? 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (03) and for particulate matter less than or equal to 10 microns in diameter (PMio). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland 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 10lh in 1994, and was forwarded to Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE 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 Environmental 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? • 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 regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004, indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less Than Significant Impact. The air basin is currently in a state 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) No impact. Kelly Elementary School, a sensitive receptor, is located within 300' of the project. However, as noted above, the proposed single-family residential development would not result in substantial pollutant emissions or concentrations. No impact is assessed. e) No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as 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 Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D a, b, and f) Potentially Significant Unless Mitigation Incorporated. The proposed project is for a residential development located at the end of Aura Circle. The project has been designed to be consistent with the "Hardline Exhibit (Figure 36) for Aura Circle", included in the City of Carlsbad Habitat Management Plan (HMP). The HMP conservation goals require conservation of the majority of sensitive habitats in or contiguous with biological core areas, and preservation of coastal sage scrub and maritime succulent scrub adjacent to the lagoons. The HMP requires additional conservation standards to be applied to properties in the Coastal Zone. A 20-foot buffer is required for all native habitats other than riparian and wetland habitats between preserved habitats and development. The HMP requires preservation of 67% the Diegan Coastal Sage Scrub (DCSS) on site. Additionally, there shall be "no net loss" of DCSS. Project impacts to DCSS require a 2:1 mitigation ratio with a minimum 1:1 creation component that achieves the "no net loss" standard. On-site preservation is not eligible for mitigation credit in the coastal zone. The site contains four vegetative communities: Diegan Coastal Sage Scrub (DCSS), Native Grasslands, Non-native grasslands, and disturbed habitat. The proposed development results in impacts to disturbed habitat and DCSS as Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE illustrated below. In accordance with the HMP hardline developed for the project, the project will preserve 63.3% of the existing DCSS. All of the preserved DCSS is located within the hardline preserve area of the site. All impacted DCSS is located within the areas shown in the HMP as being allowed for development. Because less than 67% of the DCCS will be preserved (as allowed by the hardline) the project will provide mitigation at a higher ratio (3:1 instead of 2:1) for impacts to 1.84 acres of DCSS through on-site creation of DCSS within the disturbed areas of the site to ensure "no net loss" of this habitat type. The project would create 5.457 acres of DCSS on site in addition to the remaining 3.17 acres of CSS preserved on site. This equals 8.74 acres of DCSS preserved on-site post-project as compared with the 5.01 acres currently existing on site, for an overall net increase of 3.73 acres of DCSS. The project proposes Fuel Modification Zones that are located entirely within the graded areas or residential lots and that do not occur within the HMP Preserve area. No impacts will occur to the Native grasslands and Non-native grasslands. The majority of impact occurs within the disturbed area of the site with 3.21 acres of impact. The HMP allows impacts to disturbed habitat to be mitigated by payment of an in-lieu mitigation fee. The following tables summarize the impacts to vegetation types and proposed mitigation for the impacts as presented in the Biological Technical Report prepared by Helix Environmental Planning, January 5, 2007: IMPACTS TO VEGETATION COMMUNITIES VEGETATION COMMUNITY Diegan Coastal Sage Scrub Native grasslands Non-native grasslands Disturbed habitat TOTAL TOTAL ACREAGE ON SITE 5.01 0.44 0.30 9.28 15.03 GRADING IMPACTS 1.84 0.00 0.00 3.21 5.05 BRUSH MANAGEMENT IMPACTS 0.00 0.00 0.00 0.00 0.00 TOTAL IMPACTS 1.84 0.00 0.00 3.21 5.05 TOTAL ACREAGE REMAINING AFTER IMPACTS 3.17 0.44 0.30 6.07 9.98 PROPOSED MITIGATION FOR IMPACTS TO VEGETATION COMMUNITIES VEGETATION COMMUNITY Diegan Coastal Sage Scrub Native grasslands Non-native grasslands Disturbed habitat TOTAL EXISTING ACREAGE 5.01 0.44 0.30 9.28 15.03 IMPACTED ACREAGE 1.84 0.0 0.0 3.21 5.05 MITIGATION RATIO Required -2:1* Proposed - 3:1 - - In-lieu fee MITIGATION REQUIREMENT 3.68 acres of on-site creation required. 5.57 acres of on-site creation is proposed where disturbed habitat occurs on site within the open space preserve area. No impacts No impacts In-lieu fee 5.57 acres of mitigation proposed (3.68 acres required) Occupied DCSS 10 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE Sensitive Plant Species Two sensitive plant species were observed on site: western dichondra and Del Mar Mesa sand aster. The western dichondra appears to be an isolated patch that is located within the middle of the proposed development footprint. According to the Biological Technical Report, the western dichondra is considered sensitive, but impacts to this species would be considered adverse, but less than significant considering the limited occurrence of the plant (2 individuals) on site and it's relatively low level of sensitivity. The populations of Del Mar Mesa sand aster are located in the open space preserve areas of the site and would not be impacted by the proposed development. Sensitive Wildlife Species One sensitive animal species was observed on site, the coastal California gnatcatcher (CAGN). However, several other sensitive animal species have the potential to occur within the project boundaries. One of the species, the Quino checkerspot butterfly is federally listed endangered but is not expected to occur on site. The Biological Technical report indicates that several observations of CAGN were made throughout the DCSS communities on site: one male was discovered carrying nest material and at least one pair of CAGN occurs on site. CAGN is a covered species under the HMP, and mitigation measures have been developed to reduce impacts to this species. The project will be required to implement management of the CAGN habitat to include: 1) manage preserve areas to minimize edge effects, control cowbirds and predators, prevent livestock overgrazing, and restrict human disturbance; 2) prepare and implement a fire management program for preserve areas as part of a detailed management plan; and 3) where opportunities arise, enhance and restore CSS within preserve areas, with priorities given to the creation of CAGN breeding opportunities within constrained linkages. As proposed, approximately 5.57 acres of CSS habitat will be created within the disturbed areas of the HMP Preserve area. A preserve management and fire management program will be included in the long-term management and maintenance plan for the preserved open space. In addition, to protect CAGN breeding in the HMP preserve area, mitigation measures are proposed that would prohibit clearing, grubbing, grading or other construction activities in the DCSS from February 15 to August 31, the breeding season of the CAGN. Additionally, from February 15 to August 31, no construction activities shall occur within any portion of the site where they would result in noise levels exceeding 60 dB(A) hourly average at the edge ofDCSS. Indirect Impacts and Additional Mitigation The project is located adjacent to a proposed hardline preserve area. In order to minimize edge effects, the Biological Technical Report recommends incorporation of the following adjacency standards as mitigation for the project to reduce indirect impacts: 1. Fire Management: The project provides a 60-foot wide buffer from proposed structures to the HMP Preserve boundary except for Lot 9. Lot 9 would have a 30-foot wide buffer from the edge of the structure to the HMP Preserve, of which 20 feet would be within Zone 3. A solid block or masonry wall would be constructed 10 feet from the structure clearly demarcating the backyard from the Zone 3 boundary. In addition, native, low-fuel plant species would be installed within the 20-foot wide Zone 3 area. As such, implementation of fire management requirements as proposed would be consistent with the HMP buffer requirements. 2. Erosion Control: To prevent the loss of vegetative cover in the HMP Preserve, the project shall prohibit bare surface grading for fire control on slopes and ensure that fire control leaves (or replaces) adequate vegetative cover to prevent surface erosion. Fuel modification areas shall not occur within the HMP Preserve areas. The project shall also ensure that all areas of habitat creation are adequately stabilized (e.g., with a binder) after planting to minimize surface erosion. Finally, the project shall ensure that no new surface drainage is directed into the HMP Preserve. Public education regarding fire prevention and safety shall be provided in the project CC&R's so that both biological and safety goals are met. 11 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE 3. Landscaping Restrictions: The project shall not use any non-native, invasive plant species in landscaping adjacent to the HMP Preserve.- The project shall control irrigation of landscaping adjacent to the HMP Preserve to prevent runoff into it. 4. Fencing. Signs and Lighting: The project shall install fencing that restricts human access to the HMP Preserve but allows for wildlife movement and does not direct it onto the road. The project shall install signs to educate the public about the goals of the HMP Preserve and that prohibit public access to it. Lighting in back yards adjacent to the HMP preserve shall be of the minimum necessary for safety and security and shall be shielded and directed to shine downward and not into the HMP Preserve. Homeowner lighting restrictions shall be included in the project CC&R's. 5. Predator and Exotic Species Control: The project shall educate homeowners regarding responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild). The project shall fence areas between housing and the adjacent HMP Preserve to keep pets out of it. For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the HMP Preserve. Additionally, in accordance with the HMP, the open space area will need to be protected by a conservation easement and an endowment will need to be established for long-term management, monitoring and reporting of the area in perpetuity. Title to the open space parcel will need to be transferred to an appropriate land trust entity. The conditioned mitigation will result in a less than significant impact to biological resources. c, d, and e) No Impact. The above Biological Technical Report does not identify any wetlands vegetation on site and further states that the property is not part of a wildlife corridor area. The site is not connected with other significant open space areas in the City, since the site is an infill development site that is surrounded by development on all sides. The property is also not part of the Core and Linkage Area in the City of Carlsbad HMP. The project has been designed to comply with the City of Carlsbad HMP. No tributary areas were identified on site, therefore no impact is assessed. 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 signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact d) Disturb any human remains, including those interred outside of formal cemeteries? a, b & d) No Impact. The Cultural Resource Survey for the Aura Circle Project, prepared by Gallegos & Associates, dated June 2005 included a literature review and field survey of the approximate 15-acre project area. The literature review and field survey were negative, identifying no prehistoric or historic resources. Given the 12 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE absence of previously recorded cultural resources and the native field survey, no additional cultural resource work was recommended. c) Potentially Significant Unless Mitigation Incorporated. The Phase 1 Paleontological Report for Aura Circle Property, prepared by San Diego Natural History Museum, dated May 12, 2005 indicates that the subject property is underlain by bedrock deposits of member "C" of the Santiago Formation. The report states that there are at least 20 previously recorded fossil localities in the Santiago Formation within a one-mile radius of the site. The project grading requires a significant amount of removal of Santiago Rock Formation. Removal of this bedrock has the potential to adversely impact scientifically significant paleontological resources, but also provides an opportunity to examine a relatively thick potentially fossiliferous section of Santiago Formation. A mitigation program which involves review of the grading plans, attendance of a paleontologist at grading meetings and during the grading operation with the authority to direct grading operations to salvage resources, and curation, at the direction of the property owner, of the resources will mitigate the impacts to a less than significant level. Areas left in a natural state will also mitigate the impacts to the paleontological resources. 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 Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 13 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE 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? a. i.) No Impact. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. a. ii - iv) Less Than Significant Impact. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. However, there are several active faults throughout Southern California, and these potential earthquakes could affect Carlsbad. The project site is located in an area of generally stable soil conditions and the risk of seismic-related ground failure or liquefaction is very minimal (according to City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992). The Preliminary Geotechnical Review states that the seismic design parameters presented in the report should be considered during project planning and design. It is understood that the same building code standards, which ensure the relative safety of all new residential construction, will be applied to the units constructed pursuant to the proposed tentative map. The geotechnical report found that by following standard and accepted soil preparation techniques, the site is suitable for the proposed project, and would not expose people or structures to fault ruptures, liquefaction or landslides. All existing artificial fill, Colluvium/Alluvium materials, and loose, weathered Santiago Formation sediments will require removal and re-compaction according to the recommendations outlined in the geotechnical report. b) Less Than Significant Impact. An analysis of surficial stability was performed for graded slopes constructed of compacted fills and/or bedrock. The analysis indicated that the slopes exhibit an adequate factor of safety against surficial failure. The project's compliance with standards in the City's Excavation and Grading Ordinance that prevent erosion through slope planting and installation of temporary erosion control means will avoid substantial soil erosion impacts. c - d) Less than Significant Impact. The Preliminary Geotechnical Investigation indicates that existing artificial fill, colluvium/alluviam will require removal and re-compaction according to the recommendations in the. report. On-site soils are generally very low to high in expansion potential and recommendations for foundation design and construction are presented in the report. The report indicates that development of the property appears to be feasible form a geotechnical viewpoint, provided the recommendations presented in the report are properly incorporated into the design and construction of the project. e) No Impact. The proposed project does not propose septic tanks and will utilize the public sewer system. Therefore, there will be no impacts involving soils that support the use of septic tanks or alternative wastewater disposal systems. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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? 14 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE 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? D a-h) No Impact. The proposed residential development does not propose any transportation or storage of hazardous materials. The site is not listed as a hazardous materials site. This project requires fire suppression zones for protection from wildland fires and the fire suppression zones are indicated on the tentative map. The site is consistent with the McClellan Palomar Airport Comprehensive Land Use Plan. VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 15 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE 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) 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? d) 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? e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) 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? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) 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? j) Inundation by seiche, tsunami, or mudflow? k) Increase erosion (sediment) into receiving surface waters. 1) Increase 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? m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? 16 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE n) Increase any pollutant to an already impaired water body as listed on the Clean W-ater Act Section 303(d) list? o) Increase impervious surfaces and associated runoff? p) Impact aquatic, wetland, or riparian habitat? q) Result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? a) Less than Significant Impact. The subject property is required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act, California Administrative Code Title 23, and specific basin plan objectives identified in the "Water Quality Control Plan for San Diego Basin." (WQCP) The WQCP contains specific objectives for the Carlsbad Hydrologic Unit which includes the requirement to comply with National Pollutant Discharge Elimination System (NPDES) and Best Management Practices (BMPs). The project must also obtain a NPDES permit prior to construction. The permit will require the project to develop and implement specific erosion control and storm water pollution prevention plans to protect the downstream water quality of Agua Hedionda Lagoon. These plans will ensure acceptable water quality standards will be maintained both during the construction phase as well as post-development. b) No Impact. This project does not propose to directly draw any groundwater. The project will be served via existing public water distribution lines adjacent to the site. c -e) Less than Significant Impact. The Preliminary Hydrology Report for Aura Circle. Buccola Engineering, Inc., June 13, 2003, indicates that the site has been designed to mimic the historic runoff pattern. The site is contained within the Agua Hedionda Watershed Basin Designation as indicated on the Master Drainage and Storm Water Quality Management Plan - City of Carlsbad, California March 1994. The existing topography drains southeastward within two predominant canyons located in the lower two-thirds of the site. The flows are intercepted by two exiting B-inlets. The supporting MS4 conveys the runoff south and west. The storm drain continues easterly to form a confluence with an existing concrete drainage channel. The channel conveys the local basin runoff in a southerly direction to an exiting outfall location on the northeast end of Agua Hedionda Lagoon. The site presently contributes an estimated 18.1 cfs into the exiting MS4. Flows will be directed and intercepted in the same location by the existing MS4. The report shows a combined runoff of 19.1 cfs indicating a modest increase of 1 cfs for a Qioo event storm or 5%. The proposed improvements will not substantially alter the existing drainage patterns of the site or area or create or contribute runoff water which would exceed the capacity of the existing stormwater drainage system. The project does not propose uses that cause a substantial, additional source of polluted runoff. 0 Less than Significant Impact. Construction of the proposed project improvements is required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act and associated NPDES regulations. As mentioned above, the project description includes a Storm Water Pollution Prevention Plan. Therefore temporary impacts associated with the construction operation will be mitigated. The project will not result in permanent or long term degradation of water quality as a result of the proposed pollution control program. g-j) No Impact. The project site is not located within a 100-year flood hazard area according to the Flood Insurance Rate Map. Therefore, the proposed project will not result in the placement of housing or structures and within a 100-year flood hazard area. According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992, the project site is not located within any dam failure inundation area, or area subject to inundation by seiche, tsunami or mudflow. 32. 17 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE k) Less than Significant Impact. The construction phase of the project could result in increased erosion. However, as a result of the NPDES permit requirements associated with the proposed project, no significant increase in erosion (sediment) into receiving surface waters will result from the project. Urban runoff from the proposed development will be channeled into the appropriate storm drain receptors as indicated in the project's Preliminary Storm Water Mitigation Plan prepared by Bucolla Engineering, Inc., dated received October 22, 2004. The greatest potential for short-term water quality impacts to the drainage basin would be expected during and immediately following the grading and construction phases of the project, when cleared and graded areas are exposed to rain and storm water runoff. Standard conditions require compliance with NPDES sediment control requirements during the construction phase and implementation of the grading construction BMPs for the project. I -n) Less than Significant Impact. The SUSUMP states that all projects shall be designed to remove pollutants of concern through storm water conveyance systems to the maximum extent practicable (MEP) through the incorporation of treatment control Bump's. In order to remove primary and secondary pollutants of concern, the Aura Circle project employs a combination of vegetated swales (individual lot landscaping) and a hydrodynamic separator to reduce Pollutants of Concern. As proposed, subject to compliance with the proposed Bump's, the project will not result in the increase of pollutants into downstream waters, including Agua Hacienda Lagoon, and no receiving water quality will be adversely affected through implementation of the proposed project. o) Less than Significant Impact. The Project will result in an increase in impervious surfaces due to construction of the roadway and nine residences with associated hard cape. However, over 80% of the site will remain as undeveloped open space. The site has been designed to maintain pre-development runoff characteristics by producing a modest increase of 0.67 cuffs in total site runoff and by returning storm drain runoff to historic outfall locations. p) No Impact. Runoff from the site will not impact aquatic, wetland or riparian habitat as none of these habitat types exists on the site or in the vicinity of the site. q) No Impact. The project will not result in the accidence of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses. Please refer to the preceding responses. IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact a -c) No Impact. The project is a residential development consistent with the surrounding uses. The site does not physically divide an established community. The proposed project does not conflict with any existing or proposed land use plans or policies of the City of Carlsbad. The project is consistent with the City of Carlsbad General Plan. The General Plan Land Use designation is Residential Low-Medium Density (RLM), which anticipates single-family detached residential development at 0-4 du/ac. The Habitat Management Plan (HMP) requires the development to be concentrated on the southern portion of the project site as shown on the Hardline Map (Figure 36 - Aura Circle). Therefore, the project is proposing an amendment to the General Plan Land Use 18 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE designations from RLM to RLM and Open Space (OS). The OS designation would be applied to the two open space lots and the RLM designation would remain on the nine residential lots. Through negotiations with the U.S. Fish and Wildlife Services, California Department of Fish and Game, and the City of Carlsbad, the proposed project is within the predetermined maximum allowable impacts for this particular property. The project does not conflict with any applicable plans or policies. X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? a-b) No Impact. There is no indication that the subject property contains any known mineral resources that would be of future value to the region or the residents of the State. XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 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? 19 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE 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? b & d) Less than Significant Impact. The anticipated grading operation associated with the proposed tentative map would result in a temporary and minor increase in groundborne vibration and ambient noise levels. Following the conclusion of the grading, the ambient noise level and vibrations is expected to return to pre-existing levels a, c, e & f) No Impact. The project consists of a 9-unit (11 lot) residential subdivision which is consistent in use and intensity as the surrounding residential development. As such, the project would not result in sustained ambient noise levels which exceed the established standards. Additionally, the project site is not within the 60 dBA CNEL influence area of McClellan-Palomar Airport influence area. XII. 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)? 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? Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact a-c) No Impact. The area surrounding the proposed development is designated for residential development and was analyzed in the City's Growth Management Plan accordingly. The proposed development's density is consistent with the City of Carlsbad General Plan. The General Plan Land Use designation is RLM, which anticipates single-family detached residential development at 0 - 4 du/ac. The Habitat Management Plan (HMP) requires the development to be concentrated on the southern portion of the project site. Therefore, the project is proposing an amendment to the General Plan Land Use designation from RLM to RLM and Open Space (OS). The project is providing 9 dwelling units which is within the anticipated range of the RLM General Plan Land Use designation. No major infrastructure facilities are proposed for extension to serve the project. The project site is currently vacant therefore no existing housing or people will be displaced. 20 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) No Impact. Redesignating the subject property's General Plan Land Use designation from RLM to RLM and OS to provide for nine single-family residential lots and two open space lots with over 12 acres of open space will not effect the provision and availability of public facilities (fire protection, police protection, schools, parks, libraries, etc.). The proposed project shall be subject to the conditions and facility service level requirements within the Local Facilities Management Plan for Zone 1, therefore no significant public service impacts will occur. Less Than Significant No Impact Impact XIV. RECREATION Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated 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? 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? a-b) No Impact. The project's size of 9 dwelling units will not result in the deterioration of existing neighborhood or regional parks or cause such parks to be expanded, so no adverse physical effect on the environment will occur. 21 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE XV. TRANSPORTATION/TRAFFIC - Would the proj ect: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a 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, 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 feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) Less Than Significant Impact. The project will generate 90 Average Daily Trips (ADT), which is not substantial in relation to the existing traffic load and capacity of the street system. This traffic may utilize El Camino Real. Existing traffic on El Camino Real is 27,000 - 49,000 ADT (2003). While the increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad and is consistent with the General Plan. The proposed project would not, therefore, cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. The impacts from the proposed project are, therefore, less than significant. b) 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: Rancho Santa Fe Road El Camino Real Palomar Airport Road SR78 1-5 * The numbers are in thousands of daily trips. Existing ADT* 17-35 27-49 10-57 124-142 199-216 LOS "A-D" "A-C" "A-D" "P" "D" Buildout ADT* 35-56 33-62 30-73 156-180 260-272 22 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE 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) No Impact. The proposed project does not include any aviation components. The project is consistent with the Comprehensive Land Use Plan for the McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City's general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. f) No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. No impact assessed. g) No Impact. The proposed project does not conflict with adopted policies supporting alternative transportation. The project is located within one-half mile of a major roadway (El Camino Real), where alternative transportation (bus transit and bicycle and pedestrian access) is provided. XVI. 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 23 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE 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-g) No Impact. The proposed residential development will be required to comply with all Regional Water Quality Control Board Requirements. In addition, the Zone 1 LFMP anticipated that the project site would be developed with a residential use and wastewater treatment facilities were planned and designed to accommodate future residential uses on the site. All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. The proposed development on the site will increase the demand for these facilities. However, the proposed density would not result in an overall increase in the City's growth projection in the NE quadrant. Therefore, the project will not result in development that will result in a significant need to expand or construct new water facilities/supplies, wastewater treatment or storm water drainage facilities. Less Than Significant No Impact Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated 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? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? a) Less Than Significant Impact. The proposed project's required mitigation, as outlined in the Biological Resources section of this report, will preclude any possible degrading of the environment or substantial reductions of habitat and wildlife species. Cumulative impacts to sensitive plant and wildlife species within the MHCP Subarea would occur through the proposed project, in absence of the implementation of the HMP, and specifically the 24 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE adjacent preserve system. However, the implementation of the HMP provides mitigation for these cumulative impacts because the plan has anticipated region-wide impacts and has adopted a preserve system that mitigates for these impacts. The Project is consistent with the MCHP guidelines and the regional planning efforts in the City of Carlsbad. Therefore, there will be no cumulative impacts to sensitive uplands, and plant and wildlife species. There are no historic structures on the site and there are no known cultural resources on the site. The project will not result in the elimination of any important examples of California History or prehistory. The proposed project does not eliminate important examples of major periods of California history. b) Less Than Significant Impact. San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local general plan land use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, air quality would be essentially the same whether or not the development is implemented. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA had determined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The project is consistent with the City's growth projections, and therefore, the cumulative impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project, City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. c) No Impact. Based upon the residential nature of the project and that future development of the site will comply with City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. HP 25 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE 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. 2. City of Carlsbad Habitat Management Plan for Natural Communities in the City of Carlsbad. November 2004. 3. Comprehensive Land Use Plan McClellan-Palomar Airport Carlsbad. California. SANDAG, April 1994. 4. Biological Technical Report. Helix Environmental Planning, Inc., January 5, 2007. 5. City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. November 1992. 6. Phase I Environmental Site Assessment. Dudek & Associates. June 2005. 7. Preliminary Hydrology Report for Aura Circle. Buccola Engineering, Inc., June 13, 2003. 8. Storm Water Mitigation Plan for Aura Circle Tentative Map. Buccola Engineering, Inc., Dated received October 22, 2004. 9. Preliminary Geotechnical Evaluation. Aura Circle proposed 13-Lot Subdivision. GeoSoils, Inc., March 5, 2001. 10. Geotechnical Review of Tentative Map for Aura Circle. GeoSoils, Inc., August 2, 2004. 11. Response to the City Review Comments and Update of the Preliminary Geotechnical Evaluation Aura Circle Subdivision. GeoSoils, Inc., September 22, 2005. 12. Cultural Resource Survey for the Aura Circle Project Gallegos & Associates, June 2005. 13. Phase 1 Paleontological Report for Aura Circle Property. San Diego Natural History Museum, May 12, 2005. LIST OF MITIGATING MEASURES 1 . In accordance with the HMP hardline for the project, the project will preserve 63.2 % of the existing DCSS and will mitigate at a 3:1 ratio for impacts to 1.84 acres of DCSS through on-site creation of 5.57 acres of DCSS within the disturbed areas of the site to ensure "no net loss" of this habitat type. 2. Prior to final map recordation or issuance of grading permit, whichever occurs first, a revegetation plan shall be approved by the USFWS, CDFG, and City of Carlsbad. The HMP hardline allows development which results in impacts to 36.87% of the habitat and preservation of 63.2 % of the DCSS habitat. The HMP requires that there be no net loss of DCSS within the coastal zone. Thus, the proposed on-site creation of 5.57 acres of DCSS for 1.84 acres of impacts shall account for a mitigation ratio of 3:1 which exceeds the required 2:1 mitigation ratio. 3. Prior to final map recordation or issuance of grading permit, whichever occurs first, mitigation for impacts to 3.21 acres of disturbed habitat shall be mitigated by payment of an in-lieu mitigation fee. 4. No clearing, grubbing, grading or other construction activities shall occur in the DCSS from February 15 to August 3 1 , the breeding season of the CAGN. 26 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE 5. Construction noise that could affect migratory songbirds and other species associated with the sensitive habitat area shall be avoided. In order to ensure compliance, grading shall be avoided during the bird nesting season (February 15-August 31). If a grading permit is required, this restriction can be waived by the City of Carlsbad, with concurrence from the Wildlife Agencies (USF&W, CDF&G), upon completion of a breeding/nesting bird survey in accordance to the Migratory Bird Treaty Act. If nests are present, no grading or removal of habitat may take place within 200 feet of active nesting sites during the nesting/breeding season (mid-February through mid-July). A buffer zone will be established around any identified nests in coordination with the monitoring biologist. No construction activities shall occur within any portion of the site where they would result in noise levels exceeding 60 dB(A) hourly average at the edgeofDCSS. 6. Temporary habitat protection fencing shall be installed to protect the habitat during grading and construction. A City-approved biologist shall establish the limits of the sensitive habitat in the field prior to grading and the biologist shall verify in writing that the habitat protection fence has been appropriately placed and is adequately functioning during site grading. 7. Once grading and construction is completed, the temporary fence shall be removed and a permanent fence to prevent access to conserved areas by domesticated animals (specifically cats), to the satisfaction of the Planning Director, shall be placed in an approved location. The project fencing shall restrict human access to the HMP Preserve but allow for wildlife movement without directing wildlife onto the road. The project shall install signs to educate the public about the goals of the HMP Preserve and that prohibit public access toil. 8. Fire Management: The project shall provide a 60-foot wide buffer from proposed structures to the HMP Preserve boundary in all areas except Lot 9. Lot 9 shall have a 30-foot wide buffer from the edge of the structure to the HMP Preserve, of which 20 feet shall be within Zone 3. A solid block or masonry wall shall be constructed 10 feet from the structure clearly demarcating the backyard from the Zone 3 boundary. In addition, native, low-fuel plant species shall be installed within the 20-foot wide Zone 3 area. 9. Erosion Control: To prevent the loss of vegetative cover in the HMP Preserve, the project shall prohibit bare surface grading for fire control on slopes and ensure that fire control leaves (or replaces) adequate vegetative cover to prevent surface erosion. Fuel modification areas shall not occur within the HMP Preserve areas. The project shall also ensure that all areas of habitat creation are adequately stabilized (e.g., with a binder) after planting to minimize surface erosion. Finally, the project shall ensure that no new surface drainage is directed into the HMP Preserve. Public education regarding fire prevention and safety shall be provided in the project CC&R's so that both biological and safety goals are met. 10. Landscaping Restrictions: The project shall not use any non-native, invasive plant species in landscaping adjacent to the HMP Preserve. The project shall control irrigation of landscaping adjacent to the HMP Preserve to prevent runoff into it. 11. Fencing. Signs and Lighting: The project shall install fencing that restricts human access to the HMP Preserve but allows for wildlife movement and does not direct it onto the road. The project shall install signs to educate the public about the goals of the HMP Preserve and that prohibit public access to it. Lighting in back yards adjacent to the HMP preserve shall be of the minimum necessary for safety and security and shall be shielded and directed to shine downward and not into the HMP Preserve. Homeowner lighting restrictions shall be included in the project CC&R's. 12. Predator and Exotic Species Control: The project shall educate homeowners regarding responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild). The project shall fence areas between housing and the adjacent HMP Preserve to keep pets out of it. For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the HMP Preserve. 13. Prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open 27 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE space lot(s) which are being conserved for natural habitat in conformance with the city's Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity. c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. The Conservation Easement shall provide that the non-wasting endowment shall transfer to the City if the City accepts the Irrevocable Offer to Dedicate fee title to the open space lot(s). d. Record a Conservation Easement over the open space lot(s) which includes an Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City. e. Prepare a permanent preserve management plan for the City's approval that will ensure adequate management, including preparation of the PAR and provision of the endowment, of the open space lot(s) in perpetuity. 14. The management for the CAGN habitat shall include the following: a. manage preserve areas to minimize edge effects, control cowbirds and predators, prevent livestock overgrazing, and restrict human disturbance; b. prepare and implement a fire management program for preserve areas as part of a detailed management plan; and c. where opportunities arise, enhance and restore CSS within preserve areas, with priorities given to the creation of CAGN breeding opportunities within constrained linkages. As proposed, approximately 5.57 acres of CSS habitat will be created within the disturbed areas of the HMP Preserve area. d. A preserve management and fire management program shall be included in the long-term management and maintenance plan for the preserved open space. 15. The following paleontological mitigation measures shall be implemented; a. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. b. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit. c. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. d. The paleontologist shall make periodic reports to the Planning Director during the grading process. e. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts. f. All fossils collected may be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. 28 Rev. 12/06/06 GPA 05-06/ZA 05-03/LCPA 05-03/HMPP 06-12/CT 03-10/SDP05-05/HDP 03-05/CDP 03-02 AURA CIRCLE g. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. X Date 29 Rev. 12/06/06 0_ 0. COO ino O CO in ON CD in CD CM CO CO Q. LO CD o ID °° LU O •oow CD L1J o0:o a:3 LU 0 5•«- LU ^ OCO G£ D_ 0_ | D.0_ < Jfi ro^ro x: -Qra— E•E « 0 E^wS'l fe c V) "2o c eS3 Q.(O Wro 0-^ <oT> c c~ 0 :tiIII.W O) 0 £:! E •- E £• ^J f "^ H % i-CO0 co <i-iB s °w Eo(A | TJ ->,S (D ±i^ CO °f| |li ||l •= Jl) TJ ^|§1 8 J 0 o 0 EC o JD ' C CL0 CO c^ O .£ii-o . w .^ ro cET §.E£5W x_ > Oro o * T- 0 _ TJ CME SJ .9> c c JD "Q. g •S co | £ £2C0 ~ W 0 TJE "o 0 o_ ro -Q o ™ §"58 wc E ro g l^§6 P0cg« ro -4—• •|E8|> § CD CC 0 o E .g TO'^ f= -^c c .g .? 'I 0 ro ^ O TJ TO <—)=5 ® s S42 S E h-s . COCD .52 = m co co 0OL g TJ J5 i= "^IE> ®aE I"> J5OQ. co D) CC 0 O .§. C ro o QJ COc s.gation MeasureTO 'ccro *- E -2 Q. o StS50) Q-p S Q. .2 TO o 0^0 Q. TO ^ '.§ O s 10 0) . .£ ~ E— M— ._ « a, co <>! -S 1 S "S2§|| 0 """ r- -3 *' £« rag's0) (TJ 3 ^3 .<" ^ O m (/)2«£| §Q- 0 ~ ~ — = ro W -p -53 S. * c o H-ro ro o CO 'cc JO Q- 2 c C O D- .<« 0) 0 o "o 0 C e . — < O to co £ c Q. 0 0 CO c ro 0_ Q. .!2 O o Mitigation for impacts to 3.21 acres o disturbedhabitat shall be mitigated by payment of an in-lieumitigation fee.CO <o£. 'o S £ g o E d>S. ™g- «.i 9? I E ro c* g .'5 . E ra ra S"S "lit ^ coE § ID CD> £<D otrnQ. ro o> co ,0 cu ra3 ' 3 .E CD CO *.- Q-.O 0) 'm .3J.Q D) n o (D 7= .•oc0)Q. QCC ID.a Ic E 0) 3(/}ro0) co "ro ft |i > TI U> ™C T3_ro JP cfQ-S •2§1 CO r- CN<1) D)COQL co E CDa: CD c S CD CD E> CD"a E g§ 'II•§"i O)c gation MeasureO) cc CO CO £ O CD CD a o « on i_ COO 3~ (fl0_ 52 CO o!P t3 ^^ 5 ro o-55 E<C .Q O 8£_^ |E£15°grading orn the DCSSeedingubbingurbrNo clearing, gactivities shallto Auust 31 ,o>c cc O) Q. re "o 0)^5 ^r Q) i S i 1c « 5 o .52 D) Q. *- JS « t; c -sa II II siSpjS^iS ^VS§ j2*;OT:3*;t-><ure^(])re*-3W .<i>o)COoj^5'i3w>2:w'5^2wc(i)£oOi:cu««M-<i>o8S;5-/ l=co±:™ • « Q.W S Q. tf) 3 W C3 HE O o^ 5*5 ID I £ (DE ^a.§in(0 ^ gu> -4=(0 CO 5 E ro i1 » oC T3 O) ^ •o'o O) "Q (/) ••S c 3c co illto % ._ * 111I I jo 10!a. co C.oa.<a a>a>dj < E 53|e o> TO —n tf)r- u- ii.= Q) ra C II ^°uly J! «5.^,Q en II O 0) •'p T3 Ia. a. co inn>0) Is > T3 IiD- .2 -C SL.E W 0 M—O CO 0)0)ro D_ ro £ 01 .0 T3 J5 S <D •5 § Q. £ c. 0 COC C OE CO •+-*D) CC 0•c co £•*-* L_ 'c ro^» f^5 §•s Q D)C f I O'*~Mitigation Measureconsulted to determine the method tominimize or avoid impacts to these species(including transplantation)d. Focused surveys for Hermes copper shall beperformed during the flight season (i.e., lateMay-June) to increase the chances fordetection. If detected on site, avoidance,minimization and mitigation measures shall bedeveloped in consultation with the WildlifeAgencies.ta 'EcCQ Q. (0 4—O 0>o ° o>*rf C c « o ST| E•c w 2 o>Q. .2 w a The biological report and long-term managementand monitoring plan shall include a map depictingthe project footprint, specifically illustrating thefuel modification zones with the revised vegetationoverlay.*6 D) 'E ro D_ *-ro 'g "o o5 0 § D) o 3 "2•c w EQ. .<£ D)Construction noise that could affect migratorysongbirds and other species associated with thesensitive habitat area shall be avoided. In order toensure compliance, grading shall be avoided duringthe bird nesting season (February 15-August 31). If agrading permit is required, this restriction can bewaived by the City of Carlsbad, with concurrence fromthe Wildlife Agencies (USF&W, CDF&G), uponcompletion of a breeding/nesting bird survey inaccordance to the Migratory Bird Treaty Act.In order to protect breeding CAGN and activeraptor nests, if construction is to occur duringraptor breeding season, a qualified biologist shallconduct pre-construction surveys on site and inadjacent habitat/open space to determine thelocation of any active raptor nests. The WildlifeAgencies shall be notified if any active nests arefound. During construction, no activity shall occur^ (U va. c<u0)J2 (U£ 'o ro(D J15 a 1 Io>c'o •a °><u S •Si* o .O>T3 C/l E ra ra c"g «Q> •— rh li!92 TO fe E(U 0)> cc. I co .Q 'in 51 (U CD ™ 1° . •— Q> WS.Q ?I". Iilt 1 CD Q.Q. f 1 cE 8 : 0- .!5 o •5 0) COQ. CO•£'CO E0cc c_g > 0 Q.: E c : c"S5 jo XICO 0>C.C 0 _o .^ •"c co O O- ^ Q D)c 0 Q. 'c u_O ^Mitigation Measurewithin 500 feet for raptors or listed species unlessmeasures are implemented to minimize noise anddisturbance to the breeding activities.If nests are present, no grading or removal of habitatmay take place within 500 200 feet of active nestingsites during the nesting/breeding season (Raptors -as early as January and for CAGN mid-Februarythrough mid-July). A buffer zone will be establishedaround any identified nests in coordination with themonitoring biologist. No construction activities shalloccur within any portion of the site where they wouldresult in noise levels exceeding 60 dB(A) hourlyaverage at the edge of DCSS.O) 'ccCO 0_ co 'JE V*- 1_O 0 0 °- 5 C c?"H CO ; "— •83?0. .« 0)Temporary habitat protection fencing shall be installedto protect the habitat during grading and construction.A City-approved biologist shall establish the limits ofthe sensitive habitat in the field prior to grading and thebiologist shall verify in writing that the habitat protectionfence has been appropriately placed and is adequatelyfunctioning during site grading.CO ^ D) 0).- 'c 0C C (X C? HI "5 co 0 O) t o .« ® E "m3— O 2< O O)Once grading and construction is completed, thetemporary fence shall be removed and a permanentfence to prevent access to conserved areas bydomesticated animals (specifically cats), to thesatisfaction of the Planning Director, shall be placed inan approved location. The project fencing shall restricthuman access to the HMP Preserve but allow forwildlife movement without directing wildlife onto theroad. The project shall install signs to educate thepublic about the goals of the HMP Preserve and thatprohibit public access to it.o> <u va. E 0)JZ"o I0 •" oin -scv co •*- 5> § 1 •- D> ra "O) 3E ' cfi •^ IS "D03 > ,_ =£ E(D <U> CC Q. < Q CC •eCOQ. CO .O'to cCD If C (]} 3f i 10c2a. CO E co to 0) Q'o" Q. .£ E II O CD ~ "°T3 ss jyd°-So c •=•.= o .£ .E W o T— •5 COD)ro D_ in roE0o: c •oro 0 "Cft: 0 0 E> 0 Q. : E c 0 COC C > JS 0-0. CO 0)CC 0•c E .2 -c ^— *"VOu.*lv^c (1)^ Q CO_c £ >; IK Mitigation Measure•COc 'ccro 0_ Q)d Q° s J«i-C OJ —CO _J 0_ *T 0) £ 5 .C .g ^- {•«) C 5 (/) (D xXI ^* ^^i* £) *""~ ,f n ^ CD o o f\j 0 E"§o3"cr'T~ ^ '-c ^ •— •— *— jz i- 0 0 0 /— J5U_ > CL (/> t/) ^ f^> "o i .E o CTc 'ccrool COc ro CO c•c 3Q 0 fo Q) CO0 •5 V)(A_O 0 -t-r 0 IQ. 0 -t— ' 00 co o LU ,_! •<~ CO .£ 0 C CO LU V) .2 0o.o cover in the HMP Preserve, the project shall prohibitbare surface grading for fire control on slopes andensure that fire control leaves (or replaces) adequatevegetative cover to prevent surface erosion. Fuelmodification areas shall not occur within the HMPPreserve areas. The project shall also ensure that allareas of habitat creation are adequately stabilized(e.g., with a binder) after planting to minimize surfaceerosion. Finally, the project shall ensure that no newsurface drainage is directed into the HMP Preserve.Public education regarding fire prevention and safetyshall be provided in the project CC&Rs so that bothbiological and safety goals are met.COc 'ccro 0_ 0 o C~ CO Landscaping Restrictions: The project shall not useOJt — 8.ro0|s ro —Jj o_any non-native, invasive plant species in landscapingadjacent to the HMP Preserve. The project shallcontrol irrigation of landscaping adjacent to the HMPPreserve to prevent runoff into it.ca> ®CL (01 co ra •= & | E m °>E E o-rj CD illCO "O OD) -Q (o 1 » 1 PI• = c £ ™E § cuII!•o £ •£ I 1<D (D> cc o COQ.gs:-CD JQ'(/>I & •I£<I °II 31 2rag.5 a13!-e— H t— a\ 2Z CO.5iQ o)2 o>«Q-.E E T3 I oo </> J5Q. § COraCD ^£ * 5? || J2 ^c Q- .a 5 §:1ra r- cu •=P. S o •5 CD CDcn COD_ (A ro Eo>o: cg "O roCD cS 0) CD E^ CD"5. E c 0 (0C C§ ro JZCO D)C C CD 0 .p-*— * i_•~- /nC. ™ •§ <Us Q D) 'C O Q. 'c i^1 o1"2E Mitigation MeasureD)C 'ccro 0_ Co£oJC CO "w "ro tS Q. 0) ag £.a cro</> a CO Dc'o 0)u_ CO CDQ.roo| s ro_i a.fencing that restricts human access to the HMPPreserve but allows for wildlife movement and does notdirect it onto the road. The project shall install signs toeducate the public about the goals of the HMPPreserve and that prohibit public access to it. Lightingin back yards adjacent to the HMP preserve shall be ofthe minimum necessary for safety and security andshall be shielded and directed to shine downward andnot into the HMP Preserve. Homeowner lightingrestrictions shall be included in the project CC&Rs.i0)c 'ccro 0_ c CD T3__ O —Predator and Exotic Species Control: The project shall^•K — V)IVL^ Ofio 0 -(B, 8*Q_educate homeowners regarding responsible petownership (e.g., keeping pets indoors,spaying/neutering pets, and not releasing pets into thewild). The project shall fence areas between housingand the adjacent HMP Preserve to keep pets out of it.For exotic species control, the project shall not use anynon-native, invasive plant species in landscapingadjacent to the HMP Preserve.0c "ccro 0_ _ ~ cro E o Q. "5 & '^^(D Q-P^ O U O) o ^ t! ni •— JR .£=O !Z3 js» 2_ 1 1"C (/) 2 i_ *-•—0_ .52 cn o o The Developer shall take the following actions to thesatisfaction of the Planning Director in relation to theopen space lot(s) which are being conserved fornatural habitat in conformance with the City's HabitatManagement Plan:a. Select a conservation entity, subject to approval bythe City, that possesses qualifications to managethe open space lot(s) for conservation purposes.IT)lanation of Headinqs:QXUJ <5£o £ & y> 0p ~ 139- mE re c ptu0} <- o OJ "re.C O)oj -ti 1 Ein CTre c c "^ i* 'H ^ "o D5-Q (/> Si C 3E «| ll?> '£ '.Q II Q O ^ Q> 'ra '5 i-°c O c E re oi = 2 "5. 8 "*• E in " ^ £ -S.9> "" ra > CE ; = Project, ongoing, cumulative,itoring Dept. = Department, or Agency, responsible for monitoring a particularmitigation measure.Q. § H5 g. f "Ic E co inin .0 13 S 5> T3 II £ Q- .2 .£ CO o CDcn TO0. V) CO ECDa: c.g•o isCD r- £ CDi«. r-a c "5. E co wr^ i— CO O)"CC Q) 2 t'E ro ° 0 O) fl §•-Mitigation Measurent.)Prepare a Property Analysis Record (PAR) or othermethod acceptable to the City for estimating thecosts of management and monitoring of the openspace lot(s) in perpetuity.8, .d . £Based on the results of the PAR, provide a non-wasting endowment or other financial mechanismacceptable to the Planning Director andconservation entity, if any, in an amount sufficient6 for management and monitoring of the open spacelot(s) in perpetuity. The Conservation Easementshall provide that the non-wasting endowment shalltransfer to the City if the City accepts theIrrevocable Offer to Dedicate fee title to the openspace lot(s).Record a Conservation Easement over the openspace lot(s) which includes an Irrevocable Offer toDedicate fee title to the open space lot(s) in favorof the City.TJ Prepare a permanent preserve management planfor the City's approval that will ensure adequatemanagement, including preparation of the PAR andprovision of the endowment, of the open spacelot(s) in perpetuity.CD A conceptual restoration plan and restoration^monitoring program, as well as a long-termmanagement plan shall be prepared inaccordance with the guidelines for preservemanagement as outlined in the Final MHCP(Vol. 1, Section 6.3, pages 6-7).<u-C o % £ <D o i ">'o> *- 9- 3>E ra— <])i l -° §to '^(0 CD^ O) fl) ^§ E- ||| ra TD "5 's c 3 ill illro 5 *"~E i s1^<c II 0) <U ion of Headings:reject, ongoing, cumulative,g Dept. = Department, or Agency, responsible for monitoring a particularitigation measure.C || Q 2*1 filial Q. X QCC o "to | 1 c E "5o in on plans,is smeara01 !ti I*|1> -o 11 ra !?£m jJ : Q. ™. .t; llSl o CO CD D)CO D_ CO CD E CDo: c .0 "g -2 p CD CD E ^> Q)o. E co COC CI$ COOE CO *-» c1 § 51'c <" ^ CD^— C3 O)c S Q- l1^ 2 Mitigation MeasureD)C 'ccCD 0_ ~ t—" £ o CL•g ^ -^ co CD °-T3 •§ °I-8I. rtj • — • i~_ TT UJ ^^ Qj J"^1 "CH ^0 L* t CL .52 0) 0 0 CD w--^ -p-D CDOC>«CD "cE^1 II If liill ll: "CD n>-^H £to "pw-ES^co £ » fill's ™:-i § |S § E « S 1 .§ ll c| §1151? |£ ^ ^= 'c£"c w "c^i-n°^a5"^ ^-» 'Eoas ajro <D "5 c S"— > C~o2Z C -*^ r~ _ .™ H ^^ M TO m C CO m - "^ Q_ $ "O ^ ^* -*-* Q) r" C ^ W ^ 0 CO "tr* ^ C — .£ ^i*r ^ W5 dj flj Cy ^| (/j ^j J*J yj {^J fQ U HZ! ^ 7*\ "**t (1) '^^ f ^ W) c ™"~ C"^~ CO T^ O ^^ ^* ^— (^ .^* CO ^~ CO Qi^ 0)? CD°§ <DE<U °^^'cio"S wE^> 5'3 ^"Oi^, JsCDg> (U^E™CO-P 0CDO)CCs COvlO)Coi_CO SJ o"5Si; JZi-COCD COO c"ccD Q-O5C: Q)COw^r-3 Q.OCW »2 Eoo Q.Q.E §o£oifj"o <C CL £ Q. 9? CDT— ^-- 03 n (j "^ ' -«-^ CO O)•&.§ .£ 0 C CDc cCD "5, Q. cLJJ *; CO ^ O <D 0 °" ^Z! ns — •8 IsCL .52 en The following paleontological mitigation measuresshall be implemented;Prior to any grading of the project site, apaleontologist shall be retained to perform awalkover survey of the site and to review thegrading plans to determine if the proposed gradingwill impact fossil resources.A copy of the paleontologist's report shall beprovided to the Planning Director prior to issuanceof a grading permit.Is- CD c~i v 0> o 1 £ 0) 0 o> & c cSc c « -Jro ro § E i = ^ T3 2"c 0) §.2 f5 °ra TJ o .5*"O CO 1 ™ io•="§ « ills^i•jS — "O ill tl<E "O "*~ -^<U *^ m ~ E0) D > Lt ion of Headings:'oject, ongoing, cumulative,g Dept. = Department, or Agency, responsible for monitoring a particularitigation measure.C || Q — QJ ~ X |§ LUH2 <aCLQ. Du: I CO(U co cu ra J2 ^!: 0- .2 0 u— O \JJ 0)O) CO D- OT CD .':£CDQL c .2 1 E "a E co wC C XI CO C CD•c c.2-ev to ° §• ^ Q O) 0 Q. 'c Ho Mitigation Measure__ -^ CO (/}(/) -»-» •"• ^ O •+-* O ••— ~~ O ^* Q O «— -| Jj ~5j^ O ^J "Q~~<u'cow'§5f8is<i>~o ro "§ o roCL ~ro 'o ° *^ c °~ °> = ceo OmS* ^OCD•c 0.£-{j'«-a)^coca T3(/jQ -^.— £ •4_l ^J ^^ Q\ ^» ~M f*" (JJ _j^ ^~T f) ^— ^TJ t— _^^CO ••"• //\ /^ ?v ^~ f fO CO CO Cu f— fjf} t"~ C ^j r^^ ^- CI O ^~ ^^ i" QJ ^/J ~o_c<u2£ £^)oco"o'w3 "t3"5> 'g) "f™ ^C ^ (/) O **"^ JU |__ -^-; |— ^J Q (^j ^^ f~ j^ ^* ^^ ([X Q^ (Q o -o u -DO) M-: os"™*' •^"- 0>gC r^ *2 •§ CQ2 Q.a. <Da (0 § o ~ 0 0)o S c n .±i CU '^Z ^" i.. 0)> Q..S2 D) Q.Prior to commencement of grading, thedeveloper shall enter into a p re-excavationagreement with a representative of the San LuisRey Band of Mission Indians. The purpose ofthe agreement will be to formalize proceduresfor the treatment of Native American humanremains, burial, ceremonial, or cultural sitesthat may be uncovered during any grounddisturbance activity. Monitoring of the gradingshall be performed by knowledgeable Luisenosor archeologists.06 Io § o I "E re •" otf) '.£3re re •os'II!ra T3 o '£ "3_ T5 u\ ~ = T3 F E ro •g-i! P " H (EIDC g a particulamoresponsibleAgenive.r Ais o f £ gSLSE m CO I? I 5*1O <U "m.92.0 Si i.H UJ •D IQ. o: I 1 C |planOSIinm cu 3inCD0) Eg toD) E^ C 0) 5 ro> -o 5 T3 »§C-TJ J? J2 : Q- .S (1)O)TO Q_ CO ro E (D g TJ j5 •E § cu E "5.E o c c5 ro05: O) Cc o>'c pS'-c§-Sj2 0)s Q D)gation MeasureO) •ll Q. C LU 10c ? o>.2iSs ra e *••o ? I 2 O -o O) o ommencementctor shall meetca£ wo § 2-= 5 O) O Oc•- ^ a•— r- « <D "O O fe " 5 4*Q. c C TJ P O « « |to 5"- 2« <»•ou. <u O O 4-1c c E ore ux cQ) 0> .a Q.E o>o> 23(OCOCD Ots S Ei2 o>CO c01 -—c °fc T3 O) §3§iS-s 'E ro 51sPi I'll ™ I Q>> E 0> ^23 to Io 'co v.g' oQ.in I =Q- .5 E s : Q- ."; <r ••= Ii II U. S. Fish and Wildlife Service Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, California 92011 (760)431-9440 FAX (760) 431-5902 California Department of Fish and Game South Coast Region 4949 Viewridge Avenue San Diego, California 92123 (858) 467-4201 FAX (858) 467-4299 .FEB 2007 20Q7tort*w4 In Reply Refer To: FWS-SDG-2960.1 Mr. Don Nue Acting Planning Director City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008-7314 Subject: Comments on the Mitigated Negative Declaration for the Aura Circle Project in the City of Carlsbad, San Diego County, California Dear Mr. Nue: The United States Fish and Wildlife Service (Service) and the California Department of Fish and Game (Department), hereafter referred to collectively as the Wildlife Agencies, have reviewed the above-referenced project Mitigated Negative Declaration (MND) that was received by our offices on January 19, 2007. The comments provided herein are based on: the information provided in the MND and the January 5, 2007 Biological Technical Report prepared by Helix Environmental Planning, Inc.; the Wildlife Agencies' knowledge of sensitive and declining vegetation communities in San Diego County; and our participation in regional conservation planning efforts, including the North San Diego County Multiple Habitat Conservation Plan (MHCP) and the City's approved Subarea Habitat Management Plan (HMP). The primary concern and mandate of the Service is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). The Department is a Trustee Agency and a Responsible Agency pursuant to the California Environmental Quality Act (CEQA), Sections 15386 and 15381, respectively. The Department is responsible for the conservation, protection, and management of the state's biological resources, including rare, threatened, and endangered plant and animal species, pursuant to the California Endangered Species Act (CESA), and other sections of the Fish and Game Code. The Department also administers the Natural Community Conservation Planning Program (NCCP). The proposed project is located on a 15-acre site in the northwest quadrant of the City of Carlsbad, west of Kelly Drive, north of Hillside Drive, at the terminus of Aura Circle. Single- family residential land uses surround the site. According to Figure 36 in the HMP, the project site is located within the Coastal Zone and a Proposed Hardline Preserve Area and is identified as Mr. Don Nue (FWS-SDG-2960.1) Page 2 Urban/Developed. The project includes the subdivision of the 15-acre parcel into nine residential lots and two open space parcels. "The proposed residential lots would be located in the southern portion of the site to conform to the proposed hardline preserve as described in the City's HMP. Vegetation and species surveys for the project were completed in June 1999. The biological technical report identifies the site as supporting mostly disturbed habitat (approximately 9.28 acres), Diegan coastal sage scrub (DCSS, approximately 5.01 acres), native grasslands (approximately 0.44 acres) and non-native grasslands (approximately 0.30 acres). The MND identifies the loss of 1.84 acres of DCSS and 3.21 acres of disturbed habitat due to project implementation. Native and nonnative grasslands on site will be preserved. Sensitive species observed on site include Del Mar Mesa sand aster (Corethrogyne filaginifolia var. linifolia), western dichondra (Dichondra occidentalism, and coastal California gnatcatcher (Polioptila californica californica; gnatcatcher). v Mitigation measures include on-site creation of 5.57 acres of DCSS in addition to preservation of the remaining onsite DCSS (approximately 3.17 acres). A total of 8.74 acres of DCSS on site will be dedicated to the City's HMP preserve. Impacts to disturbed habitat will be mitigated through the payment of an in-lieu fee. Fuel modification zones will be located outside the HMP preserve areas. A long-term management and maintenance plan, including fire and preserve management programs, will be developed for the open space areas. The MND requires recordation of a conservation easement over the open space lots and establishment of a non- wasting endowment to manage and monitor these areas in perpetuity. Based on our review of the MND, we are pleased to find that the proposed project is, for the most part, consistent with the MHCP and HMP. The Wildlife Agencies offer the following recommendations and comments to assist the City in avoiding, minimizing, and mitigating project impacts to biological resources, and assure that the project is entirely consistent with the MHCP and HMP. 1. We recommend that, prior to finalizing the MND, updated vegetation and sensitive species/rare plant surveys be performed this spring to ensure that conditions have not changed substantially from 1999, when the original survey work was prepared. Focused surveys should be performed using accepted protocols during the optimal season for detection. Results from sensitive species surveys are generally valid for one year. a. The biological report should use updated vegetation mapping to determine whether the constituent components of disturbed habitat should be reconsidered as disturbed native vegetation (e.g., disturbed DCSS). If it is demonstrated that disturbed habitats have converted to DCSS or non-native grasslands, or if additional occurrences of sensitive plant species occur within the proposed development area, impact and mitigation acreages will need to be revised and resubmitted to the Wildlife Agencies for review. b. For projects within the Coastal Zone, the HMP requires a conservation standard of 75 percent of gnatcatchers on-site. Updated protocol surveys for the gnatcatcher should be performed to ensure the proposed project will meet this standard. Mr. Don Nue (FWS-SDG-2960.1) Page 3 c. The population size and location of rare plant species, specifically Del Mar Mesa sand aster and Western dichondra, should be re-evaluated to determine if additional impacts to these species will occur due to project implementation. If populations of Del Mar Mesa sand aster have expanded into the project footprint or if the population of Western dichondra has increased in number, the Wildlife Agencies should be contacted to determine the best way to minimize or avoid impacts to these species (including the possibility for transplantation). d. Hermes copper is identified as a narrow endemic species in the HMP. The report indicates that redberry (Rhamnus croced), the larval host plant for Hermes copper butterflies, was observed during surveys. Known populations of this species require flat-topped buckwheat (Eriogonumfasciculatum) nearby as a nectar source for adults (Dan Marschalek, pers. comm.). As both of these plant species have been observed on site, we recommend that focused surveys for Hermes copper be performed on site. Surveys should be performed during the flight season (i.e., late May-June) to increase the chances of detection. If detected on site, avoidance, minimization, and mitigation measures should be developed in consultation with the Wildlife Agencies and City and implemented to ensure consistency with the narrow endemic policies in the HMP. 2. The final MND and the long-term management and monitoring plan should include a map depicting the project footprint, specifically illustrating fuel modification zones, with the revised vegetation overlay. 3. The applicant should prepare a conceptual restoration plan and a restoration monitoring program, as well as a long-term management plan, in accordance with the guidelines for preserve management as outlined in the Final MHCP (Vol. 1, Section 6.3, page 6-7). 4. Pursuant to sections 3503.5 of the California Fish and Game Code, it is unlawful to take, possess or destroy any bird or nest or eggs of any bird in the orders Falconiformes and Strigiformes. The federal Migratory Bird Treaty Act also prohibits the take of active migratory birds' nests. Therefore, in addition to the avoidance and minimization measures in the MND to protect breeding gnatcatchers, the final MND should require measures to protect active raptor nests. The final MND should require that, if construction (including removal of vegetation) is to occur during raptor breeding season (e.g., in southern California, red-tailed hawks are known to lay eggs as early as January), a qualified biologist conduct pre-construction surveys on site and in adjacent habitat/open space areas to determine the location of any active raptor nests. The Wildlife Agencies should be notified if any active nests are found. During construction, no activity shall occur within 500 feet for raptors or listed species, unless measures are implemented to minimize the noise and disturbance to the breeding activities. Mr. Don Nue (FWS-SDG-2960.1)Page 4 We appreciate the opportunity to provide comments on this project. Should you have any questions regarding this letter, please contact Warren Wong (Department) at (858) 467-4249 or Marci Koski (Service) at (760) 431-9440. Sincerely, Therese OTlourke Assistant Field Supervisor U.S. Fish and Wildlife Service ichael J. Mulligan Deputy Regional. Manager California Department of Fish and Game cc: Barbara Kennedy, City of Carlsbad City of Carlsbad Planning Department March 28, 2007 Therese O'Rourke U.S. Fish & Wildlife Service 6010 Hidden Valley Road Carlsbad, CA 92011 Michael J. Mulligan California Dept. Fish & Game 4949 Viewridge Ave. San Diego, CA 92123 SUBJECT: COMMENTS ON THE MITIGATED NEGATIVE DECLARATION FOR AURA CIRCLE PROJECT IN THE CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA (SCH# 2007011061; AURA CIRCLE) Thank you for your joint comment letter dated February 16, 2007 on the Mitigated Negative Declaration (MND) for the Aura Circle project located west of Kelly Drive, North of Hillside Drive at the at the terminus of Aura Circle in Carlsbad, California. In response to your letter, the mitigation measures in the Mitigation Monitoring and Reporting Program (Attached) have been revised (shown in bold type). Recirculation of the Mitigated Negative Declaration is not required pursuant to CEQA Section 15073.5 because the revisions do not qualify as "substantial revisions", no new avoidable significant impacts were identified, and mitigation measures are replaced with equal or more effective measures pursuant to CEQA Section 15074.1. If you have any questions regarding the revised Mitigation Measures, please contact me at 760-602-4626. Sincerely, I BARBARA KENNEDY, AICP Associate Planner BK:bh Attachment: Aura Circle Mitigation Monitoring and Reporting Program (revised 3/23/07) C: Marci Koski, USFWS Warren Wong, CDFG Jack Henthora, Henthorn & Associates Don Neu, Planning Director 1635 Faraday Avenue -Carlsbad, CA 92008-7314 » (760) 602-4600 • FAX (760) 602-8559 « www.ci.carlsbad.ca.us STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor PUBLIC UTILITIES COMA/HSStON 320 WEST «™JSTREET. SUITE XX 1-OS ANGELAS, CA 90013 February 13,2007 Barbara Kennedy City of Carlsbad 1335 Faraday Avenue Carlsbad, CA 92008 Dear Ms. Kennedy: Re: SCH# 2007011061: Aura Circle The California Public Utilities Commission (Commission) has jurisdiction over the safety of highway-rail crossings ^crossings) in California. The California Public Utilities Code requires Commission approval €or the construction or alteration of crossings and grants theCommfesion -exclusive power on the'^slesign, -alteration, and closure of crossings. . Hie Commission is in -receipt of the Notice of Completion & Environmental Document Transmittal iirom the State Clearinghouse. Commission staff is concerned that the new development at North Hillside Drive, west ofKelly, terminus of Aura Circfe<lat=33.148259, long=-l 17.311S4) will cause an increase in congestion at the nearby highway-rail grade crossings en Tamarack Avenue (DQT# 026822L) and Cannon Road,<DOT# 026824 A). Mitigation measures to consider include, but are not limited to, grade separation of major £horoughfar.es, safety improvements to existing at-grade highway-rail crossings due-to an increase in traffic volumes and appropriate fencing to limit the access of trespassers to railroad rkjht-of-way. Please advise us on the st-atus of the project. If you have any questions in this matter, please contact me at (213) 576-7078-or atcxm@cpuc.ca.:gov. Rosa Utilities Rail Crossings Engineering Section Consumer Protection^ Safety Division C: Richard Walker, NCTD City of Carlsbad Planning Department March 28, 2007 Rosa Mufioz Public Utilities Commission 320 West 4th Street, Suite 500 Los Angeles, CA 90013 SUBJECT: COMMENTS ON THE MITIGATED NEGATIVE DECLARATION FOR AURA CIRCLE PROJECT IN THE CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA (SCH# 2007011061; AURA CIRCLE) Thank you for your comment letter dated February 13, 2007 on the Mitigated Negative Declaration (MND) for the Aura Circle project located west of Kelly Drive, North of Hillside Drive at the at the terminus of Aura Circle in Carlsbad, California. The development proposal consists of an 11-lot subdivision and the construction of nine single-family residences, two with second dwelling units; and two open space lots. The project site is located approximately 2.5 miles from the highway-rail grade crossing on Tamarack Avenue and 3.7 miles from the crossing at Cannon Road (driving distances). While we appreciate your comments to consider mitigation measures, including grade separation of major thoroughfares, safety improvements to existing at-grade crossings, and fencing to limit access of trespassers to the railroad right-of-way, this project would have a less than significant effect on the existing at-grade highway-rail crossings and therefore, there is no nexus for requiring these mitigation measures. However, if in the future, the Public Utilities Commission develops a regional fair-share program for improvements to existing at-grade highway-rail crossings the City could consider requesting that developers contribute a cash-in-lieu payment to an adopted improvement program. Thank you again for your comments. If you have any additional questions, please contact me at 760-602-4626. Sincerely, BARBARA KENNEDY, AICP Associate Planner C: Jack Henthorn, Henthom & Associates Don Neu, Planning Director fel 1635 Faraday Avenue • Carlsbad, CA 92008-7314 a (760) 602-4800 » FAX (760) 602-8559 « www.ci.carlsbad.ca.us 1 PLANNING COMMISSION RESOLUTION NO. 6286 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 AREAS DESIGNATED AS RLM TO OS ON LOTS 10 AND 11 OF CT 03-10 ON 6 PROPERTY GENERALLY LOCATED WEST OF KELLY DRIVE AND NORTH OF HILLSIDE DRIVE AT THE 7 TERMINUS OF AURA CIRCLE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND 8 LOCAL FACILITIES MANAGEMENT ZONE 1. o CASE NAME: AURA CIRCLE CASE NO: GPA 05-06 10 WHEREAS, Carlsbad Greens, LLC, "Owner/Developer," has filed a verified 11 application with the City of Carlsbad regarding property described as 1 j—< 13 That portion of Lot "I" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, 14 according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, 15 further described in Attachment "A" 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a General Plan 18 Amendment as shown on Exhibit "GPA 05-06" dated May 2, 2007, attached hereto and on file 20 in the Carlsbad Planning Department, AURA CIRCLE - GPA 05-06, as provided in 21 Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; 22 and 23 WHEREAS, the Planning Commission did, on the 2nd day of May, 2007, hold a 24 duly noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the General Plan Amendment. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad, as follows: 3 A) That the above recitations are true and correct. 4 - B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of AURA CIRCLE - GPA 05-06, based on the 5 following findings and subject to the following condition: 7 Findings: The Planning Commission finds that the projects is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated May 2, 2007 including, but not limited to the following: that the proposed change in General 10 Plan Land Use designation from Residential Low-Medium (RLM) to Open Space (OS) for Lots 10 and 11 of CT 03-10 is based on the environmental constraints of the 11 property and is environmentally and topographically appropriate for the site in that the manufactured slopes within Lot 10 are considered undevelopable and the habitat areas within Lot 11 will be included in the open space habitat preserve areas and that these areas are proposed to be designated as OS on the General Plan Land Use and Open Space and Conservation maps in accordance with the Habitat 14 Management Plan requirements to designate high-priority resource areas as open space at the time of development. 15 2. The change in General Plan Land Use designation from RLM to OS for the portions of the site proposed for open space habitat preservation is consistent with the 17 adopted General Plan, including the Housing Element, in that the General Plan Open Space Element requires high-priority resource areas to be designated as Open lg Space at the time of development; and that the residential density anticipated for the site (23 dwelling units) which was used by the California Department of Housing 19 and Community Development in determining compliance with Housing Element law, can be accommodated in that 11 dwelling units are proposed on the site and the remaining 12 units will be deposited in the City's Excess Dwelling Unit Bank for allocation to other properties identified in the Housing Element; and that there are adequate sites identified in the Housing Element available to accommodate the 22 City's share of the regional housing need pursuant to Government Code Section 65584. 23 3. The project is consistent with the City's General Plan since the proposed density of 0.67 du/ac is within the RLM (Residential Low-Medium) density range of 0-4 du/ac 25 specified for the site as indicated in the Land Use Element of the General Plan. The project's proposed density of 0.67 du/ac is below the Growth Management Control 26 Point density (3.2 du/ac) used for the purposes of calculating the City's compliance with Government Code Section 65584. However, consistent with Program 3.8 of the 27 City's certified Housing Element, all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by the developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate PC RESO NO. 6286 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. Conditions: 1. This approval is granted subject to adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ZC 05-03, LCPA 05-03, and HMP 06-12 and is subject to all conditions contained in Planning Commission Resolutions No. 6285, 6287, 6288, and 6289 for those other approvals incorporated herein by reference. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of May, 2007, by the following vote, to wit: AYES:Chairperson Baker, Commissioner Cardosa, Dominguez, Douglas, Montgomery, and Segall NOES: ABSENT: Commissioner Whitton ABSTAIN: JULIE BACARLSBA: ATTEST: hairperson ANNING COMMISSION DON NEU Planning Director PC RESO NO. 6286 -3- Exhibit "GPA 05-06" GPA 05-06 GENERAL PLAN AMENDMENT AURA CIRCLE 1/9/07 RLM PROJECT BOUNDARY RLM RLM PROJECT BOUNDARY RLM EXISTING PROPOSED Related Cases File No(s): GPA 05-06/ZC 05-03/LCPA 05-03/CT 03- 10/SDP 05-05/HDP 03-05/CDP 03-32 G.P. Map Designation Change Property A. 207-100-48 B. C. D. From: RLM To: RLM/OS 1 PLANNING COMMISSION RESOLUTION NO. 6287 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM R-l-8,000 TO OS 4 ON LOTS 10 AND 11 OF CT 03-10 ON PROPERTY GENERALLY LOCATED WEST OF KELLY DRIVE AND NORTH OF HILLSIDE DRIVE AT THE TERMINUS OF AURA 6 CIRCLE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES 7 MANAGEMENT ZONE 1. CASE NAME: AURA CIRCLE 8 CASE NO: ZC 05-03 9 WHEREAS, Carlsbad Greens, LLC, "Owner/Developer," has filed a verified 10 application with the City of Carlsbad regarding property described as 11 That portion of Lot "I" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, 13 according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, 14 further described in Attachment "A" 15 ("the Property"); and . WHEREAS, said application constitutes a request for a Zone Change as shown on 17 Exhibit "ZC 05-03" dated May 2, 2007, attached hereto and on file in the Planning Department, 18 AURA CIRCLE - ZC 05-03, as provided by Chapter 21.52 of the Carlsbad Municipal Code; 2Q and 21 WHEREAS, the Planning Commission did on the 2nd day of May, 2007, hold a 22 duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the Zone Change.26 2? 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 AURA CIRCLE - ZC 05-03 based on the following findings and subject to the following conditions: 3 Findings: 4 , i. That the proposed Zone Change from R-l-8,000 to Open Space (OS) is consistent with the goals and policies of the various elements of the General Plan, in that the proposed 6 change in zone designation from R-l-8,000 to OS for Lots 10 and 11 of CT 03-10 is based on the environmental constraints of the property and is environmentally and 7 topographically appropriate for the site in that the manufactured slopes within Lot 10 are considered undevelopable and the habitat areas within Lot 11 will be included in the open space habitat preserve areas and that these areas are proposed o to be designated as OS on the General Plan Land Use and Open Space and Conservation maps, in accordance with the Habitat Management Plan requirements 10 to designate high-priority resource areas as open space at the time of development. 11 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the zone designations shown on Exhibit "ZC 05-03" attached hereto, 13 implements the General Plan Land Use designation of OS for Lots 10 and 11 of CT 03-10. 14 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 implements the Habitat Management Plan requirements to designate high-priority resource areas as open space at the time of development and the proposed OS zone 17 designation is compatible with the adjacent and future residential land uses. 18 Conditions: 1 This approval is granted subject to adoption and approval of the Mitigated Negative 20 Declaration and Mitigation Monitoring and Reporting Program, GPA 05-06, LCPA 05-03 and HMP 06-12 and is subject to all conditions contained in Planning 21 Commission Resolutions No. 6285, 6286, 6288, and 6289 for those other approvals incorporated herein by reference. 22 23 24 25 26 27 28 PC RESO NO. 6287 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these 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, held on the 2nd day of May, 2007, by the following vote, to wit: AYES: NOES: Chairperson Baker, Commissioner Cardosa, Dominguez, Douglas, Montgomery, and Segall ABSENT: Commissioner Whitton ABSTAIN: JULIE CARLS ATTEST: , Chairperson LANNING COMMISSION DON NEU Planning Director PC RESO NO. 6287 -3- Exhibit "ZC 05-03" May 2, 2007 1 ORDINANCE NO. 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 05-03, 4 FROM R-1 ONE FAMILY RESIDENTIAL ZONE (8,000 SQUARE FOOT MINIMUM LOT SIZE) TO OPEN SPACE (OS) ON LOTS 5 10 AND 11 OF CT 03-10 ON PROPERTY GENERALLY LOCATED WEST OF KELLY DRIVE AND NORTH OF HILLSIDE 6 DRIVE AT THE TERMINUS OF AURA CIRCLE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM 7 AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: AURA CIRCLE 8 CASE NO.: ZC 05-03 9 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 10 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 05-03," dated May 2, 2007 attached hereto and made a part hereof. 13 14 SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6287 constitute the findings and conditions of the 16 city Council. 17 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days 18 after its adoption but not until Local Coastal Program Amendment LCPA 05-03 is approved by the California Coastal Commission, and the City Clerk shall certify to the adoption of this 90 ordinance and cause it to be published at least once in a publication of general circulation in the 71 City of Carlsbad within fifteen days after its adoption. 22 23 24 25 26 27 28 .- t/t 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the day of 2007, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 7 8n CLAUDE A. LEWIS, Mayor 9 10 ATTEST: 11 12 LORRAINE M. WOOD, City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- ZC 05-03 ZONE CHANGE AURA CIRCLE Exhibit "ZC 05-03" 1/9/07 R-1-8,000 PROJECT BOUNDARY 1-8,000 EXISTING \ L PROPOSED Related Cases File No(s): GPA 05-06/ZC 05-03/LCPA 05-03/CT03- 10/SDP 05-05/HDP 03-05/CDP 03-32 Zone Change Property A. 207-100-48 B. C. D. From: R-1-8,000 To: R-1-8.000/O-S PLANNING COMMISSION RESOLUTION NO. 62881 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT TO CHANGE THE LCP LAND USE 4 DESIGNATION FROM RLM TO OS AND TO CHANGE THE LCP ZONE DESIGNATION FROM R-1-8,000 TO OS ON LOTS 10 AND 11 OF CT 03-10 ON PROPERTY GENERALLY 6 LOCATED WEST OF KELLY DRIVE AND NORTH OF HILLSIDE DRIVE AT THE TERMINUS OF AURA CIRCLE 7 WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES 8 MANAGEMENT ZONE 1. a CASE NAME: AURA CIRCLE CASE NO: LCPA 05-03 10 WHEREAS, California State law requires that the Local Coastal Program, 11 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 13 WHEREAS, Carlsbad Greens, LLC, "Owner/Developer," has filed a verified 14 application for an amendment to the Local Coastal Program designations regarding property 15 described as That portion of Lot "I" of Rancho Agua Hedionda, in the City 17 of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the 18 County Recorder of San Diego County, November 16, 1896, further described in Attachment "A" 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Local Coastal 22 Program Amendment as shown on Exhibit "LCPA 05-03" dated May 2, 2007, attached hereto, 23 as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, 24 Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal 25 Commission Administrative Regulations; and26 2? WHEREAS, the Planning Commission did on the 2nd day of May, 2007, hold a 28 duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Local Coastal Program Amendment; and 4 - WHEREAS, State Coastal Guidelines requires a six-week public review period 5 for any amendment to the Local Coastal Program. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o Commission of the City of Carlsbad, as follows: 9 A) That the foregoing recitations are true and correct. 10 B) At the end of the State-mandated six-week review period, starting on January 12, 11 2007, and ending on February 23, 2007, staff shall present to the City Council'a summary of the comments received. 13 C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of AURA CIRCLE - LCPA 05-03 based on 14 the following findings, and subject to the following conditions: ^ Findings; 1. That the proposed Local Coastal Program (LCP) Amendment meets the requirements of, 17 and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello II segment of the Carlsbad Local Coastal Program not being 18 amended by this amendment, in that the proposed change in the LCP Land Use and Zone designations for Lots 10 and 11 of CT 03-10 from Residential Low-Medium 19 Density (RLM) to Open Space (OS) LCP Land Use designation and from R-l-8,000 ~~ to Open Space (OS) LCP Zone designation is based on the environmental constraints of the property and is environmentally and topographically appropriate 21 for the site in that the manufactured slopes within Lot 10 are considered undevelopable and the habitat areas within Lot 11 will be included in the open space 22 preserve areas; and that these areas are proposed to be designated as OS on the General Plan Land Use and Zone Maps.23 F 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed General Plan 25 Amendment (GPA 05-06) and the proposed zone change (ZC 05-03). 26 Conditions: 27 1. This approval is granted subject to the approval of the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 05-06, ZC 05-03, and HMP 06-12 and is subject to all conditions contained in Planning Commission Resolutions No. 6285, 6286, 6287, and 6289 for those approvals incorporated herein by reference. PC RESO NO. 6288 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 2nd day of May 2007, by the following vote, to wit: AYES: NOES: Chairperson Baker, Commissioner Cardosa, Dominguez, Douglas, Montgomery, and Segall ABSENT: Commissioner Whitton ABSTAIN: JULIE CARL ATTEST: , Chairperson LANNING COMMISSION DON NEU Planning Director PC RESO NO. 6288 -3- Exhibit "LCPA 05-03" LCPA 05-03 LAND USE AURA CIRCLE 1/9/07 RLM RLM RLM PROJECT BOUNDARY RLM EXISTING PROPOSED Related Cases File No(s): GPA 05-06/ZC 05-03/CT03-10/SDP 05- 05/HDP 03-05/CDP 03-32 G.P. Map Designation Change Property A. 207-100-48 B. C. D. From: RLM To: RLM/OS LCPA 05-03 ZONE CHANGE AURA CIRCLE 1/9/07 R-1-8,000 R-1-8,000 EXISTING PROPOSED Related Cases File No(s): GPA 05-06/ZC 05-03/CT03-10/SDP 05- 05/HDP 03-05/CDP 03-32 Zone Change Property A. 207-100-48 B. C. D. From: R-1-8,000 To: R-1-8.000/O-S 1 PLANNING COMMISSION RESOLUTION NO. 6289 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HABITAT MANAGEMENT PLAN PERMIT 4 HMP 06-12 FOR THE SUBDIVISION, GRADING, AND s DEVELOPMENT OF A 15.02 ACRE SITE INTO NINE RESIDENTIAL LOTS AND TWO OPEN SPACE LOTS, 6 INCLUDING CONSTRUCTION OF NINE SINGLE-FAMILY RESIDENCES AND TWO SECOND DWELLING UNITS ON 7 PROPERTY GENERALLY LOCATED WEST OF KELLY DRIVE AND NORTH OF HILLSIDE DRIVE AT THE 8 TERMINUS OF AURA CIRCLE WITHIN THE MELLO II 9 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. 10 CASE NAME: AURA CIRCLE CASE NO: HMP 06-12 11 12 WHEREAS, Carlsbad Greens, LLC, "Owner/Developer," has filed a verified 13 application with the City of Carlsbad regarding property described as 14 That portion of Lot "I" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the 16 County Recorder of San Diego County, November 16, 1896, further described in Attachment "A" 17 ("the Property"); and18 , o WHEREAS, the City of Carlsbad has received authorization to issue permits to 20 impact various sensitive species and habitats, including species listed as Threatened or 21 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and 22 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; 23 and 24 WHEREAS, the authority stated above is based on a plan titled Habitat 2g Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 27 2004, referred to as the HMP, and approval of all projects is contingent on a finding of 28 consistency with the HMP; and WHEREAS, said verified application by Developer constitutes a request for a 2 Habitat Management Plan Permit pursuant to the City's authority, on file in the Planning 3 Department; and 4 c WHEREAS, the Planning Commission did on the 2nd day of May 2007, consider 6 said request; and 7 WHEREAS, at said hearing, upon hearing and considering all testimony and g arguments, if any, of all persons desiring to be heard, said Commission considered all factors 9 relating to the Habitat Management Plan Permit. 10 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning ,2 Commission as follows: 13 A) That the foregoing recitations are true and correct. 14 B) That the AURA CIRCLE project is consistent with the HMP as described in the following findings. 16 C) That based on the evidence presented at the hearing, the Commission RECOMMENDS APPROVAL of the Habitat Management Plan Permit, HMP 17 06-12, for the AURA CIRCLE project based on the following findings and subject to the following conditions:18 J 19 Findings: 20 1. That the Aura Circle project is shown in Figure 36 as an approved HMP Hardline Conservation Area. 21 ~~ 2. That authorization to take species of concern is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of 23 Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and 24 the Biological Opinion. 75 3. That authorization to take species of concern is subject to continuous compliance with all 26 mitigation measures as stated in the adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 05-06, 27 ZC 05-03, LCPA 05-03, CT 03-10, SDP 05-05, HDP 03-05, and CDP 03-32 and is subject to all conditions contained in Planning Commission Resolutions No. 6285, 6286, 28 6287, 6288, 6290, 6291, 6292 and 6293 for those other approvals, including but not PC RESO NO. 6289 -2- '^ limited to recordation of conservation easements over all conserved areas and 2 management and monitoring in perpetuity by a qualified conservation entity. 3 4. That authorization to take species of concern is subject to continuous compliance with the provisions of Volumes I, II and III of the Multiple Habitat Conservation Program and the 4 Final Environmental Impact Statement/Environmental Impact Report for Threatened and c- Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 6 5. The Planning Commission hereby finds that all development in Carlsbad benefits from 7 the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while 9 continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by 10 the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the * * preservation of open space within an increasingly urban environment. Moreover, each , - new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on 13 all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 14 6. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the Aura Circle project. , 16 7. That the project design as approved by the City of Carlsbad has avoided and minimized 17 impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically; 5.01 acres of Diegan Coastal Sage Scrub (DCSS) are present with 3.17 acres of on-site preservation and 5.57 acres of mitigation consisting of on-site in creation of DCSS for 1.84 acres of impact (3:1 ratio); 0.44 acres of Native Grasslands are present with no impacts; 0.30 acres of Non-Native Grasslands are 20 present with no impacts; and 9.28 acres of Disturbed Habitat are present with 6.07 acres of on-site preservation and impacts to 3.21 acres, which will be mitigated by 21 the payment of habitat in-lieu fees (1:1 ratio). 22 8. That adequate funding has been provided to address changed circumstances and adaptive 23 management needs that may be reasonably anticipated in the future, consistent with the HMP Implementing Agreement. 24 9. That the incidental take of species of concern as a result of the project will not appreciably reduce the likelihood of survival and recovery of the species in the wild due 2g to compliance with all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. 27 10. That the Planning Director is authorized to sign the Take Permit. 28 PC RESO NO. 6289 -3- 11. 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 6 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 9 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 10 or a successor in interest by the City's approval of this Habitat Management Plan Permit.11 j2 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Habitat Management Plan Permit documents, as necessary to 13 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 14 development different from this approval, shall require an amendment to this approval. 3. If any condition for construction of any public improvements or facilities, or the payment 15 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 17 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. 19 4. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 21 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 Habitat Management Plan Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 23 non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including 24 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 26 validated. 27 5. This approval is granted subject to adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 05-06, 28 ZC 05-03, LCPA 05-03, CT 03-10, SDP 05-05, HDP 03-05, and CDP 03-32 and is subject to all conditions contained in Planning Commission Resolutions No. 6285, 6286, PC RESO NO. 6289 -4- 6287, 6288, 6290, 6291, 6292 and 6293 for those other approvals incorporated herein by 2 reference. 3 6. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental r analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City 6 Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has 7 determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The fee shall be paid prior to recordation of a final map, or issuance of a 9 grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat 10 Management Plan and the General Plan and any and all approvals for this project shall become null and void. 11 As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements 13 of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant 14 shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. 17 8. Prior to recordation of Tentative Tract Map CT 03-10, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot (Lot 11) which is being conserved for natural habitat in conformance with the City's i Q Habitat Management Plan: 20 a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. 21 b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City 22 for estimating the costs of management and monitoring of the open space lot(s) in perpetuity. 23 Based on the results of the PAR, provide a non-wasting endowment or other 24 financial mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space 25 lot(s) in perpetuity. The Conservation Easement shall provide that the non-wasting endowment shall transfer to the City if the City accepts the Irrevocable Offer to Dedicate fee title to the open space lot(s). 27 d. Record a Conservation Easement over the open space lot(s) which includes an 00 Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City.2o PC RESO NO. 6289 -5- e. Prepare an Interim Management Plan which will ensure adequate management of 2 the open space lot(s) until such time as a permanent preserve management plan is prepared and approved by the City. 3 " 4 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, x- reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 7 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 10 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 11 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 14 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6289 -6- 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 held on the 2nd day of May 2007, by the following vote, to wit: AYES: NOES: Chairperson Baker, Commissioner Cardosa, Dominguez, Douglas, Montgomery, and Segall ABSENT: Commissioner Whitton ABSTAIN: JULIE\B CARL ATTEST: , Chairperson LANNING COMMISSION DON NEU Planning Director PC RESO NO. 6289 -7- PLANNING COMMISSION RESOLUTION NO. 6290 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 03-10 TO SUBDIVIDE 15.02 ACRES 3 INTO NINE RESIDENTIAL LOTS AND TWO OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED WEST OF 4 KELLY DRIVE AND NORTH OF HILLSIDE DRIVE AT THE 5 TERMINUS OF AURA CIRCLE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND 6 LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: AURA CIRCLE 7 CASE NO.: CT 03-10 8 WHEREAS, Carlsbad Greens, LLC, "Owner/Developer," has filed a verified 9 application with the City of Carlsbad regarding property described as 10 That portion of Lot "I" of Rancho Agua Hedionda, in the City 11 of Carlsbad, County of San Diego, State of California, , 2 according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, 13 further described in Attachment "A" 14 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract 16 Map as shown on Exhibits "A" - "AA" dated May 2, 2007, on file in the Planning Department 17 AURA CIRCLE - CT 03-10, as provided by Chapter 20.12 of the Carlsbad Municipal Code;18 19 and 20 WHEREAS, the Planning Commission did, on the 2nd day of May, 2007, hold a 21 duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 24 relating to the Tentative Tract Map. Z* *) 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES AURA CIRCLE - CT 03-10, based on the following findings and subject to the following conditions: 3 Findings:4 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any 6 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the 7 project is consistent with all minimum requirements of Titles 20 and 21 governing lot size and configuration; and that the project has been designed to comply with all applicable City regulations including the General Plan and Mello II Segment of the n Certified Local Coastal Program. 10 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan, 11 and are developed with single-family residential development with a comparable density.12 ' 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density 14 proposed, in that all required development standards and design criteria required by the applicable zoning ordinances are incorporated into the project without the need 15 for variances from development standards. 16 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in lg that the project has been designed and conditioned such that there are no conflicts with established easements; and the project is required to vacate abandoned 19 drainage, sewer and water line easements and record new easements over the existing and proposed features. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 22 6. That the design of the subdivision provides, to the extent feasible, for future passive or 23 natural heating or cooling opportunities in the subdivision, in that structures are oriented to allow for solar exposure and take advantage of prevailing breezes. 7. That the Planning Commission has considered, in connection with the housing proposed 25 by this subdivision, the housing needs of the region, and balanced those housing needs 26 against the public service needs of the City and available fiscal and environmental resources. 27 8. That the design of the subdivision and improvements are not likely to cause substantial 28 environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that sensitive plant and animal habitats present on site are being preserved PC RESO NO. 6290 -2- in accordance with the City of Carlsbad Habitat Management Plan (HMP) and the 2 project will implement the required mitigation measures contained in the Aura Circle Mitigation Monitoring and Reporting Program. 3 9. That the discharge of waste from the subdivision will not result in violation of existing 4 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the 5 project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) Requirements. 7 10. 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 2, 2007 including, but not limited to the following: a. Land Use - The project is consistent with the City's General Plan since the proposed density of 0.67 du/ac is within the RLM (Residential Low-Medium) 11 density range of 0-4 du/ac specified for the site as indicated in the Land Use Element of the General Plan. The project's proposed density of 0.67 du/ac is 12 below the Growth Management Control Point density (3.2 du/ac) used for the purposes of calculating the City's compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City's certified Housing 14 Element, all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by the 15 developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling 18 units, adequate to satisfy the City's share of the regional housing need. Additionally, the Open Space Preserve Areas identified on the HMP Hardline Exhibit for Aura Circle (Figure 36) will be designated and conserved as open space in accordance with the HMP. b. Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the applicant is proposing 22 to enter into an Affordable Housing Agreement to construct two affordable second dwelling units on site. 23 c. Public Safety - The project includes or has been conditioned to provide facilities to ensure that the development proposal complies with the required 25 Fire Suppression Zones, emergency access, fire hydrant locations and fire flow requirements. 26 d. Open Space and Conservation - The project will utilize Best Management 27 Practices for control of storm water and to protect water quality and will conform to all NPDES requirements.28 PC RESO NO. 6290 -3- e. Circulation - Access to the project will be via the extension of Aura Circle 2 which will be improved to full-width street standards. 3 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or <- provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 6 facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. 7 Specifically, o a. The project has been conditioned to provide proof from the Carlsbad Unified 9 School District that the project has satisfied its obligation for school facilities. 10 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 13 12. The project has been conditioned to pay any increase in public facility fee, or new 14 construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 17 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 18 14. That the property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that the development footprint is severely constrained due to the HMP requirement to preserve over 63.7% of the site as open 21 space and an additional 18.5% of the site is constrained by steep hillsides. 22 15. That subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject 23 property, in that Aura Circle will be extended to provide access to the lots within the proposed subdivision and will then terminate in a cul-de-sac due to topographic and environmental constraints. 25 16. That the buildable portion of Lot 9 consists of an area of at least 10,000 square feet, 26 which meets the requirements of Section 21.10.080(c) of the Carlsbad Municipal Code. 27 17. That the front, side, and rear property lines of Lot 9, for purposes of determining required yards, are as shown on Exhibit "B" of the Tentative Map.2o PC RESO NO. 6290 -4- 6 ' 18. That any panhandle lot hereby approved satisfies all the requirements of Section 2 21.10.080(d) of the" Carlsbad Municipal Code. 3 19. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section IB). 4 20. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and ,- implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while 7 continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by 8 the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic, and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on 11 all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 12 21. 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. 15 Conditions: 16 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of a grading permit, whichever occurs first. 18 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 19 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 22 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 23 or a successor in interest by the City's approval of this Tentative Tract Map. 24 Staff is authorized and directed to make, or require the Developer to make, all corrections 25 and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 26 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. PC RESO NO. 6290 -5- 4. If any condition for construction of any public improvements or facilities, or the payment 2 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 3 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. 5. Developer shall implement, or cause the implementation of, the Aura Circle Project 6 Mitigation Monitoring and Reporting Program. 7 6. 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 9 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, 10 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and ^ (c) Developer/Operator's installation and operation of the facility permitted hereby, ,2 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 13 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 14 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision- 16 making body. 17 8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 19 9. Prior to the issuance of a building permit, the Developer shall provide proof to the 20 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 21 97 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that 23 Plan prior to the issuance of building permits. 24 11. This approval is granted subject to adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 05-06, 25 ZC 05-03, LCPA 05-03, BMP 06-12, SDP 05-05, HDP 03-05 and CDP 03-32 and is 26 subject to all conditions contained in Planning Commission Resolutions No. 6285, 6286, 6287, 6288, 6289, 6291 and 6293 for those other approvals incorporated herein by 27 reference. 78 12. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that PC RESO NO. 6290 -6- adequate water service and sewer facilities, respectively, are available to the project at the 2 time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect 3 shall be placed on the Final Map. 13. As a condition of this approval, applicant must comply with the requirements of all c regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 6 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140, applicant shall grant a conservation easement for the conservation, protection, and management of 7 fish, wildlife, native plants, and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. 9 14. Prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot(s) which are being conserved for natural habitat in conformance with the City's Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. 1 3 b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity. 15 c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space 17 lot(s) in perpetuity. The Conservation Easement shall provide that the non- wasting endowment shall transfer to the City if the City accepts the 1 8 Irrevocable Offer to Dedicate fee title to the open space lot(s). 19 d. Record a Conservation Easement over the open space lot(s) which includes an Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City. 20 e. Prepare an Interim Management Plan which will ensure adequate management of 2 1 the open space lot(s) until such time as a permanent preserve management plan is prepared and approved by the City. 22 23 15. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits 24 to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has 27 determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the 28 General Plan. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee PC RESO NO. 6290 -7- for this project is not paid, this project will not be consistent with the Habitat 2 Management Plan and the General Plan and any and all approvals for this project shall become null and void. 3 16. [Intentionally left blank.] 17. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 6 the City's Landscape Manual. Planting adjacent to the north property line shall consist of low fuel volume plant materials for a distance of 30 feet from the property 7 line. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 9 18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 10 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans.11 19. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved 13 by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the 14 official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in 17 favor of, or in which the City has an interest. 1 ° b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be 20 transmitted to City within 30 days for the official record. 21 c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section 23 the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give 24 written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty 2/r (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's 27 Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. PC RESO NO. 6290 -8- d. Special Assessments Levied by the City. In the event the City has performed the 2 necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs 3 incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to 4 each Owner in the Project, together with a statement that if the Association fails to r pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said 6 invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full 7 within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by 9 means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to 10 the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such * special assessment shall constitute a charge on the land and shall be a continuing , 2 lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special 13 assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and 14 his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 16 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit X. 17 f. Landscape Material Restrictions: Restrictions to landscape materials adjacent to conserved habitat areas shall be as set forth in Exhibit . in Invasive/exotic species not to be used include those listed on Lists A and B of the "Exotic Plants of Greatest Ecological Concern in California" adopted by 20 the California Exotic Pest Plants Council, October, 1999. 21 g. Lighting Restrictions on Private Residential Lots: Restrictions on lighting 97 within residential lots adjacent to open space conservation areas shall be as set forth in Exhibit . 23 h. Fire Supression Zones: A disclosure shall be included identifying all lots where Fire Supression Zones extend into the private yard area. The disclosures shall 24 include a site plan of the lot, location of the Fire Suppression Zones, and the fuel modification standards required for the various zones.25 2g i- Aircraft Noise Disclosure: A disclosure shall be included that this property is subject to overflight, sight and sound of aircraft operating from McClellan- 27 Palomar Airport. 2° 20. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section PC RESO NO. 6290 -9- 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 2 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such 3 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void.4 r 21. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County 6 Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Habitat Management Plan Permit, Tentative Tract Map, Site Development Plan, Hillside Development Permit, and Coastal Development Permit by Resolutions No. 6288, 6289, 6290, 6291, 6292 and 6293 on the property. Said Notice of Restriction shall note 9 the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in 10 the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 12 22. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to 13 the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and 14 existing schools, parks, and streets. 23. Developer shall post a sign in the sales office in a prominent location that discloses which 16 special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 17 24. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney 20 (see Noise Form #2 on file in the Planning Department). 25. Developer shall post aircraft noise notification signs in all sales and/or rental offices 22 associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning 23 Department). 24 26. Developer shall dedicate, on the final map, an open space easement for those portions of lots 10 and 11 which are (in slopes, wetlands, coastal sage scrub, or other constrained land plus all other lands set aside as part of the Citywide Open Space System) to prohibit 26 any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, as shown on Exhibit B. 27 27. Removal of native vegetation and development of Open Space Lots 10 and 11, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, other than that approved as part of (the grading plan, improvement plans, PC RESO NO. 6290 -10- biological revegetation program, landscape plan, etc.) as shown on- Exhibit B, is 2 specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, and (California 3 Coastal Commission if in Coastal Zone), based upon a request from the Homeowners Association accompanied by a report from a qualified arborist/botanist indicating the 4 need to remove specified trees and/or plants because of disease or impending danger to <- adjacent habitable dwelling units. For areas containing native vegetation, the report required to accompany the request shall be prepared by a qualified biologist. 6 28. Disclosures shall be prepared, for the homeowner's signature, on all lots where Fire 7 Supression Zones extend into the private yard area. The disclosures shall include a site plan of the lot, location of the Fire Suppression Zones, and the fuel modification standards required for the various zones. 9 29. Existing structures located along the west property line that encroach into the open 10 space habitat preserve area shall be removed. 11 Engineering 12 General 13 30. Prior to hauling dirt or construction materials to or from any proposed construction site 14 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Ig 31. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the slopes, open space, private easements, and the 17 private storm drain (filter) facilities within the subdivision, and, to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 19 32. There shall be one Final Map recorded for this project. 20 Fees/Agreements 33. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 23 34. Developer shall cause property owner to execute and submit to the City Engineer for 24 recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. £J 2^ 35. Developer shall cause property owner to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed cross 27 lot drainage as shown on the tentative map. The deed restriction document shall be in a form acceptable to the City Engineer and shall: 28 a. Clearly delineate the limits of the drainage course; PC RESO NO. 6290 -11- b. State that the drainage course is to be maintained in perpetuity by the underlying 2 property owner or Home Owners Association; and 3 c. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public .<- nuisance. 6 36. Prior to the issuance of final map, grading permit or building permit, whichever occurs first, Developer shall submit to the city a Drainage Basin Maintenance Agreement that covers all onsite (private) storm water filtration devices (BMPs) identified in the SWPP / SWMP and shown on the tentative map for this project. The form and content of the Maintenance Agreement shall be approved by the City 9 of Carlsbad. 10 Grading 37. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 13 38. The project requires extensive remedial grading of the existing slope within the proposed development. The backfill of removed portions of the slope shall meet Engineering standards with a slope of 2:1 (horizontal to vertical) or flatter. Prior to grading permit issuance, developer shall submit to the City Engineer, for review and 16 approval, a specific grading procedure. The procedure shall have concurrence of the project's Certified Engineering Geologist. Monitoring of ground movement of 17 adjacent structures shall be incorporated in the procedure. Upon City Engineer determination, a third party review of the proposed grading shall be performed.18 i o 39. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading 20 operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed 21 by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 23 40. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or 24 slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and 27 Planning Director. 28 41. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall apply for and PC RESO NO. 6290 -12- obtain a grading permit from the City Engineer prior to the issuance of a building permit 2 for the project. 3 Dedications/Improvements 4 42. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or <- other appropriate entities for all public streets and other easements shown on the tentative map. The offer shall be made by a certificate on the final map and/or separate recorded 6 document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be 7 rededicated. o 43. Additional drainage easements may be required. Developer shall dedicate and provide or 9 install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 10 44. Developer shall execute and record a City standard Subdivision Improvement Agreement 11 to install and secure with appropriate security as provided by law, public improvements , ~ shown on the tentative map and the following improvements including, but not limited to paving, base, signing & striping, sidewalks, curbs and gutters, grading, clearing and 13 grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and recycled water, to City Standards to the satisfaction of the City 14 Engineer. The improvements are: a. Aura Circle (56-foot wide cul-de-sac) including offsite transitions and 16 repaying to provide a smooth transition and also to repair trenches or paving to the existing portion of this roadway. 17 b. Privately owned and maintained Storm water filter/Hydrodynamic separator 1° as shown on the tentative map for this project. Note: Storm water protection , Q device shall be maintained by the homeowners association in perpetuity. 20 c. Extension of storm drain facility and inlets as shown on the tentative map for this project. 21 d. Offsite (private) drainage improvements, including basin and easement that outlets between lots 5 and 6 of the adjacent subdivision. This improvement 23 responsibility also includes the vacation or quitclaim of existing sewer and drainage easements between Lots 6 and 7 of the adjacent subdivision, all as 24 shown on the tentative map for this project. OCJ A list of the above shall be placed on an additional map sheet on the Final Map per the 2g provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development 27 improvement agreement or such other time as provided in said agreement. 28 45. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed PC RESO NO. 6290 -13- pursuant to best management practices as referenced in the "California Storm Water Best 2 Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to 3 and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 4 r a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and 6 hazardous waste products. 7 b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain 9 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet 10 Federal, State, County and City requirements as prescribed in their respective containers. 11 , ~ c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 13 46. Prior to the issuance of grading permit or building permit, whichever occurs first, 14 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control 16 Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of 17 the project. At a minimum, the SWPPP shall: 18 a. include all content as established by the California Regional Water Quality 19 . Control Board requirements; ^® b. include the receipt of "Notice of Intent" issued by the California Regional Water 21 Quality Control Board; 22 c. recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said 23 pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and 25 d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper 26 procedures for handling clean up and disposal of pollutants. 27 47. Prior to the issuance of grading permit or building permit, whichever occurs first, 2g Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad PC RESO NO. 6290 -14- Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by 2 the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid 3 contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the 4 SWMP shall: 5 a. identify existing and post-development on-site pollutants-of-concern; " b. identify the hydrologic unit this project contributes to and impaired water bodies ~ that could be impacted by this project; 8 c. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the 9 maximum extent practicable before discharging to City right-of-way; d. establish specific procedures for handling spills and routine clean up. Special 1 i considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; 12 e. ensure long-term maintenance of all post construct BMPs in perpetuity; and ,4 f. identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent 15 practicable. 16 Final Map Notes 17 48. Developer shall show on Final Map the net developable acres for each parcel. 18 49. Note(s) to the following effect(s) shall be placed on the map as non-mapping data 19 a. All improvements are privately owned and are to be privately maintained with the 2^ exception of the following: 21 1. Aura Circle, except for the private storm drain filter device located on lot 1. 22 b. Building permits will not be issued for development of the subject property unless 23 the appropriate agency determines that sewer and water facilities are available. 24 c. Geotechnical Caution: 25 1. Slopes steeper than two parts horizontal to one part vertical exist within the 26 boundaries of this subdivision. 77 2. The owner of this property on behalf of itself and all of its successors in 2g interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage PC RESO NO. 6290 -15- or land subsidence and subsequent damage that may occur on, or adjacent to, 2 this subdivision due to its construction, operation or maintenance. 3 Water 4 50. Prior to approval of improvement plans or final map, Developer shall meet with the Fire c Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be 6 considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 7 51. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges ° for connection to public facilities. Developer shall pay the San Diego County Water q Authority capacity charge(s) prior to issuance of Building Permits. 52. The Developer shall install (potable water and/or recycled water services) and meters at a location approved by the District Engineer. The locations of said services shall be ,, reflected on public improvement plans. 53. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public , -, improvement plans. 14 Fire 15 54. Lot 9 shall be required to have an approved automatic fire sprinkler system installed which will require the installation of at least a one-inch water meter.16 17 55. Lot 9 shall be provided with fire resistive construction on any side of the residence that abuts the Fire Suppression Zone. 18 56. All Lots where the Fire Suppression Zone (FSZ) encroaches into the property line shall be conditioned and it shall be recorded in the project CC&Rs that no 2Q combustible structures e.g. shed, patio cover, deck etc. shall be built within 100 linear feet of the outside (forward) edge of the FSZ. This requirement shall also 21 include combustible fencing as outlined in the City of Carlsbad Landscape Manual. The Fire Department shall review, comment and approve these items in the project 22 CC&Rs. 23 57. Planting adjacent to the north property line shall consist of low fuel volume plant 24 materials for a distance of 30 feet from the property line. The plant palette shall be subject to review and approval by the Fire Department. 25 Code Reminders26 58. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 28 permit issuance, except as otherwise specifically provided herein. PC RESO NO. 6290 -16- 59. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as 2 required by Chapter 20.44 of the Carlsbad Municipal Code. 60. Developer shall pay a landscape plancheck and inspection fee as required by Section 3 20.08.050 of the Carlsbad Municipal Code. 61. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 62. The tentative map shall expire twenty-four (24) months from the date this tentative map 6 approval becomes final. 7 63. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction 9 of the City Engineer. 10 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 12 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 13 You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 15 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 16 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.17 10 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, 19 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 20 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 22 23 24 25 26 27 28 PC RESO NO. 6290 -17-100 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 2nd day of May, 2007, by the following vote, to wit: AYES: NOES: Chairperson Baker, Commissioner Cardosa, Dominguez, Douglas, Montgomery, and Segall ABSENT: Commissioner Whitton ABSTAIN: JULIE CARLS ATTEST: Chairperson ANNING COMMISSION DON NEU Planning Director PC RESO NO. 6290 -18- 1 PLANNING COMMISSION RESOLUTION NO. 6291 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN SDP 05-05 TO 4 CONSTRUCT TWO SECOND DWELLING UNITS TO MEET - THE AFFORDABLE HOUSING REQUIREMENT, OR THE OPTION TO PURCHASE TWO AFFORDABLE HOUSING 6 CREDITS WITHIN THE FUTURE ROOSEVELT GARDENS AFFORDABLE HOUISNG PROJECT, ON PROPERTY 7 GENERALLY LOCATED WEST OF KELLY DRIVE AND NORTH OF HILLSIDE DRIVE AT THE TERMINUS OF AURA 8 CIRCLE WITHIN THE MELLO II SEGMENT OF THE LOCAL 9 COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. 10 CASE NAME: AURA CIRCLE CASE NO.: SDP 05-05 11 12 WHEREAS, Carlsbad Greens, LLC, "Owner/Developer," has filed a verified 13 application with the City of Carlsbad regarding property described as 14 That portion of Lot "I" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the 16 County Recorder of San Diego County, November 16, 1896, further described in Attachment "A" 17 ("the Property"); and 18 , n WHEREAS, said verified application constitutes a request for a Site Development 20 Plan as shown on Exhibits "A" - "AA" dated May 2, 2007, on file in the Planning Department, 21 AURA CIRCLE - SDP 05-05 as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad 22 Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 2nd day of May, 2007 , hold a 24 duly noticed public hearing as prescribed by law to consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all 27 testimony and arguments, if any, of all persons desiring to be heard, said Commission 28 considered all factors relating to the Site Development Plan. |0^ 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct.4 r B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of AURA CIRCLE - SDP 05-05 6 based on the following findings and subject to the following conditions: Findings: ° 1. That the requested use is properly related to the site, surroundings and environmental n settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed lots can accommodate the proposed second dwelling units while providing all required front, side and rear yard setbacks; the development proposal complies with all City standards for lot configuration, street widths, grading, and drainage; the project is compatible with the surrounding 13 development in scale and design; and the design of the second dwelling units are completely integrated into the design of the single-family residential structures and 14 therefore, preserve the single-family character of the surrounding neighborhood. 15 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed lots exceed the minimum lot size requirement for the zone and can easily accommodate the proposed second dwelling unit structures and additional 17 parking spaces while providing all required front, side, and rear yard setbacks. 18 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be 19 provided and maintained, in that the project complies with all applicable second ?f) dwelling unit requirements in addition to regulations for setbacks, parking, and other development standards for the R-l-8,000 zone. 21 4. That the street systems serving the proposed use is adequate to properly handle all traffic 22 generated by the proposed use, in that the project includes the required street improvements which are necessary to serve the development. 23 5. That the City's Inclusionary Housing Ordinance (Chapter 21.85) requires that a minimum of 15% of all approved units in any qualified residential subdivision be 25 made affordable to lower income households; that the inclusionary housing requirement for this project is 1.65 dwelling units (rounded up to two (2) units); that 26 in accordance with the Inclusionary Housing Ordinance, the developer proposes to construct and deed restrict two (2) Second Dwelling Units on Lots 7 and 9 as affordable to lower-income households for 55 years, in accordance with the -o requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code (C.M.C.); and, that at the sole discretion of the City Council, the developer PC RESO NO. 6291 -2- may receive approval of an alternative to producing second dwelling units on site 2 through participation in an off-site combined inclusionary housing project as set forth within C.M.C. Chapter 21.85 including, but not limited to, the future 3 Roosevelt Gardens affordable condominium project located within the Northwest Quadrant of the City.4 6. That the construction of two (2) Second Dwelling Units as an alternative to construction of two new single-family inclusionary units can be supported in that a restriction on the affordability of two single family inclusionary units would be infeasible and would present unreasonable financial hardship in light of such 7 factors as project size, site constraints, market competition, price, product type disparity, developer capability, and financial subsidies available. 8 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of a grading permit, whichever occurs first. 11 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 14 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 15 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Site Development Plan. 17 Staff is authorized and directed to make, or require the Developer to make, all corrections 18 and modifications to the Site Development Plan 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, 2Q different from this approval, shall require an amendment to this approval. 21 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 22 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 24 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 25 unless the City Council determines that the project without the condition complies with all requirements of law. 27 5. 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 28 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 PCRESONO. 6291 -3- or indirectly, from (a) City's approval and issuance of this Site Development Plan, 2 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 3 (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 c survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 6 6. This approval is granted subject to adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 05-06, ZC 05-03, LCPA 05-03, BMP 06-12, CT 03-10, HDP 03-05, and CDP 03-32 and is subject to all conditions contained in Planning Commission Resolutions No. 6285, 6286, 9 6287, 6288, 6289, 6290, 6292 and 6293 for those other approvals incorporated herein by reference. 10 7. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict two (2) Second Dwelling Units on Lots 7 and 9 as affordable to lower- 13 income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code, or shall receive approval from the City Council to participate in an off-site combined inclusionary housing project , r as set forth in C.M.C. Chapter 21.85 and located within the Northwest Quadrant of the City which may include, but is not limited to, financial participation in the off- 16 site combined inclusionary housing project known as the Roosevelt Gardens affordable condominiums which is located within the Northwest Quadrant of the 17 City. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in j9 interest. 20 8. Developer shall construct the required inclusionary units concurrent with the project's market rate units, unless both the final decision-making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. 23 9. The property owner shall sign an Affidavit of Compliance declaring that the Second Dwelling Units (SDU) do not conflict with the project CC&R's, that the property 24 owner will reside in either the main unit or second dwelling unit; and that the property owner has agreed to rent the SDU at a monthly rental rate not to exceed 30% of the gross monthly income of a low low-income household, adjusted for 26 household size, at 70% of the San Diego County Area Median Income, and that the renter of said unit shall be income-qualified and the gross household income of said 27 renter shall not exceed 80% of the San Diego County Area Median Income, adjusted for household size, and as specified in the applicable Affordable Housing Agreement. PC RESO NO. 6291 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2nd day of May 2007, by the following vote, to wit: AYES: NOES: Chairperson Baker, Commissioner Cardosa, Dominguez, Douglas, Montgomery, and Segall ABSENT: Commissioner Whitton JULlF>fiA&£R, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Planning Director PC RESO NO. 6291 -5- 1 PLANNING COMMISSION RESOLUTION NO. 6292 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT 4 HDP 03-05 FOR THE SUBDIVISION, GRADING, AND DEVELOPMENT OF A 15.02 ACRE SITE INTO NINE RESIDENTIAL LOTS AND TWO OPEN SPACE LOTS, 6 INCLUDING CONSTRUCTION OF NINE SINGLE-FAMILY RESIDENCES AND TWO SECOND DWELLING UNITS ON 7 PROPERTY GENERALLY LOCATED WEST OF KELLY DRIVE AND NORTH OF HILLSIDE DRIVE AT THE 8 TERMINUS OF AURA CIRCLE WITHIN THE MELLO II o SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. 10 CASE NAME: AURA CIRCLE CASE NO: HDP 03-05 11 WHEREAS, Carlsbad Greens, LLC, "Owner/Developer," has filed a verified 13 application with the City of Carlsbad regarding property described as 14 That portion of Lot "I" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, *-> according to Map thereof No. 823, filed in the Office of the , f County Recorder of San Diego County, November 16, 1896, further described in Attachment "A" 17 ("the Property"); and 18 WHEREAS, said verified application constitutes a request for a Hillside 20 Development Permit as shown on Exhibits "A" - "AA" dated May 2, 2007, on file in the 21 Carlsbad Planning Department, AURA CIRCLE - HDP 03-05, as provided by Chapter 21.95 of 22 the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did on the 2nd day of May 2007, consider 24 said request. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning26 27 Commission as follows: 28 A) That the foregoing recitations are true and correct. 101 B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of AURA CIRCLE - HDP 03-05 based on the following findings and subject to the following conditions: 3 Findings: 4 , 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 6 2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly 7 identified on the constraints map. 0 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the hillside conditions are properly identified and are incorporated in the design; the project is designed to relate to the 10 slope of the land; the alteration of the natural hillsides will be done in an environmentally sensitive manner; and the project will implement NPDES measures to reduce runoff and avoid erosion. 12 4. That the proposed development or grading will occur in some of the undevelopable 13 portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that in accordance with the Habitat Management Plan (HMP) Hardline for 14 Aura Circle, the developable area is located on the southern portion of the site which consists primarily of slopes with an inclination of 25% or greater. 1 , 5. That the proposed project grading volumes in the "Unacceptable Range" of 14,037 cubic yards/acre may be allowed since the proposed grading qualifies as an 17 exclusion or modification pursuant to CMC Section 21.95.140. The encroachments to slopes of over 25% grade and over may be permitted in order to preserve natural 18 habitats required by the City's Habitat Management Plan, in accordance with CMC Chapter 21.203 because the required amount of preservation can not be achieved by the strict adherence to the requirements of CMC Sections 21.95.120(A) and (B). 2Q The proposed grading scheme impacts areas with 25% slopes or greater so that the development can be clustered on the southern portion of the property while 21 preserving the natural habitat areas that consist of larger stands of Diegan Coastal Sage Scrub that occur within the less steep areas on the northern portion of the site. 22 6. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the manufactured slopes 24 exceeding 30 feet in height are separated at 30 foot intervals with a bench and concrete-lined brow ditch and all manufactured slopes will be revegetated in 25 accordance with the City's Landscape Guidelines Manual. " 7. That the project design and lot configuration minimizes disturbance of hillside lands, in that development is clustered on the southern portion of the site in accordance with the HMP Hardline for Aura Circle. 28 8. That the site has unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading, in that the grading requires PC RESO NO. 6292 -2- geotechnical compaction and remediation work on colluvium/alluvium soils and 2 areas of undocumented fill and for buttressing portions of the site to ensure that the site and surrounding properties will not be affected by landslides. The Carlsbad 3 Municipal Code Section 21.95.130 allows exclusions for areas that have unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading. 9. The proposed modification will result in significantly more open space or undisturbed 5 area than would a strict adherence to the requirements of Section 21.95.120 in that the significant slope and sensitive habitat areas are being preserved in open space in 7 accordance with the HMP hardline for Aura Circle and the environmental benefit of consolidating the open space preserve area justifies the project approval via the standards modification provisions of the code. 9 10. The Planning Commission has reviewed each of the exactions imposed on the Developer 10 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: 13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map 14 recordation or issuance of a grading permit, whichever occurs first. 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 17 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 18 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 gained by Developer 2Q or a successor in interest by the City's approval of this Hillside Development Permit. 21 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development Permit documents, as necessary to make 22 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. 24 3. This approval is granted subject to adoption and approval of the Mitigated Negative 25 Declaration and Mitigation Monitoring and Reporting Program, GPA 05-06, ZC 05-03, LCPA 05-03, HMP 06-12, CT 03-10, SDP 05-05, and CDP 03-32 and is subject to all conditions contained in Planning Commission Resolutions No. 6285, 6286, 27 6287, 6288, 6289, 6290, 6291 and 6293 for those other approvals incorporated herein by reference. 28 PC RESO NO. 6292 -3-Itf 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 giveji 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 2nd day of May 2007, by the following vote, to wit: AYES: NOES: Chairperson Baker, Commissioner Cardosa, Dominguez, Douglas, Montgomery, and Segall ABSENT: Commissioner Whitton ABSTAIN: JULIEfeAKER, Chairperson CARLSBAE^PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6292 -4- 1 PLANNING COMMISSION RESOLUTION NO. 6293 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 03- 4 32 FOR THE SUBDIVISION, GRADING, AND 5 DEVELOPMENT OF A 15.02 ACRE SITE INTO NINE RESIDENTIAL LOTS AND TWO OPEN SPACE LOTS, 6 INCLUDING CONSTRUCTION OF NINE SINGLE-FAMILY RESIDENCES AND TWO SECOND DWELLING UNITS ON 7 PROPERTY GENERALLY LOCATED WEST OF KELLY DRIVE AND NORTH OF HILLSIDE DRIVE AT THE 8 TERMINUS OF AURA CIRCLE WITHIN THE MELLO II 9 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. 10 CASE NAME: AURA CIRCLE CASE NO.: CDP 03-32 11 12 WHEREAS, Carlsbad Greens, LLC, "Owner/Developer," has filed a verified 13 application with the City of Carlsbad regarding property described as 14 That portion of Lot "I" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the 16 County Recorder of San Diego County, November 16, 1896, further described in Attachment "A" 17 ("the Property"); and18 , Q WHEREAS, said verified application constitutes a request for a Coastal 20 Development Permit as shown on Exhibits "A" - "AA" dated May 2, 2007, on file in the 21 Planning Department, AURA CIRCLE - CDP 03-32, as provided by Chapter 21.201.040 of the 22 Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 2nd day of May, 2007, hold a 24 duly noticed public hearing as prescribed by law to consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the CDP. ill 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 c B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of AURA CIRCLE - CDP 03-32 based on the 6 following findings and subject to the following conditions: 7 Findings: ° 1. That the proposed development is in conformance with the Mello II Segment of the o Certified Local Coastal Program and all applicable policies in that the project proposes nine single-family residences and two second dwelling units on minimum 8,000 10 square foot lots with an overall density of 0.67 du/ac which is consistent with the properties LCP Land Use designation of RLM (Low-Medium Density Residential, 11 0-4 du/ac) and Zoning of R-l-8,000 (8,000 square foot minimum lot size); the development does not obstruct public views of the coastline as seen from public lands or rights-of-way; the project will not impact any agricultural activities or 13 important farmland; the project has been conditioned to comply with erosion and storm water control measures. 14 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 15 of the Coastal Act in that the project is not located adjacent to the shore. Therefore, the project will not interfere with the public's right to physical access to the sea and the site is not suited for water-oriented recreational activities. 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay 18 Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard 19 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. Development of steep slopes and native vegetation on the subject properly 21 will be limited only to the area designated for development on the HMP Hardline for Aura Circle. Remedial grading and buttressing is required for portions of the 22 site to ensure that the site and surrounding properties will not be affected by landslides, and the site is not located in an area susceptible to accelerated erosion, floods, or liquefaction. 24 4. The project is not located between the sea and the first public road parallel to the sea and, 25 therefore, is not subject to the provisions of the Coastal Shoreline Protection Zone (Chapter 21.204 of the Zoning Ordinance). 26 5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X 27 of the Land Use Plan, certified September 1990 and, therefore, is not subject to the Coastal Agricultural Overlay Zone (Chapter 21.201 of the Zoning Ordinance).2o PC RESO NO. 6293 2 6. 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 this project, and the extent and the 3 degree of exaction is in rough proportionality to the impact caused by the project. 4 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of a grading permit, whichever occurs first. 7 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 10 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 gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit. 13 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make 14 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. 16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 17 regulations in effect at the time of building permit issuance. 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 Section 20 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 21 all requirements of law. 22 c Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 24 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or ~,- nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 27 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 28 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. PC RESO NO. 6293 6. The applicant shall apply for and be issued building permits for this project within two 2 (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 3 7. This approval is granted subject to adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 05-06, 5 ZC 05-03, LCPA 05-03, HMP 06-12, CT 03-10, SDP 05-05, and HDP 03-05 and is subject to all conditions contained in Planning Commission Resolutions No. 6285, 6286, 6 6287, 6288, 6289, 6290, 6291 and 6292 for those other approvals incorporated herein by reference. 7 8. All grading activities are prohibited from (February 1st for gnatcatcher or March 1st for vireo) to (September 15th for gnatcatcher or October 1st for vireo). All erosion control 9 measures must be installed prior to the initial grading. Any grading extensions into the grading prohibition period must receive written approval of the City Engineer and the 10 responsible wildlife agencies (California Department of Fish and Game/United States Fish and Wildlife Service). 12 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." 15 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 16 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. 19 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 22 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 23 24 25 26 27 28 PC RESO NO. 6293 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 2nd day of May, 2007, by the following vote, to wit: AYES: Chairperson Baker, Commissioner Cardosa, Dominguez, Douglas, Montgomery, and Segall NOES: ABSENT: Commissioner Whitton ABSTAIN: JULIE CARLS ATTEST: Chairperson ANNING COMMISSION X WA DONNEU Planning Director PC RESO NO. 6293 The City of Carlsbad Planning Department EXHIBITS A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: May 2, 2007 Application complete date: May 22, 2006 Project Planner: Barbara Kennedy Project Engineer: Clyde Wickham SUBJECT: GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-057 HDP 03-05/CDP 03-32 - AURA CIRCLE - Request for a recommendation of approval for adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Habitat Management Plan Permit, Site Development Plan, Hillside Development Permit, and Coastal Development Permit; and a request for approval of a Tentative Tract Map for the subdivision, grading and development of a 15.02-acre site into nine (9) residential lots and two (2) open space lots, including the construction of nine single-family residences and two second dwelling units on property generally located west of Kelly Drive and north of Hillside Drive at the terminus of Aura Circle within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6285 RECOMMENDING ADOPTION of a Mitigated Negative Declaration; ADOPT Planning Commission Resolutions No. 6286, 6287, 6288, 6289, 6291, 6292 and 6293 RECOMMENDING APPROVAL of a General Plan Amendment (GPA 05-06), Zone Change (ZC 05-03), Local Coastal Program Amendment (LCPA 05-03), Habitat Management Plan Permit (HMP 06-12), Site Development Plan (SDP 05-05), Hillside Development Permit (HDP 03-05), and Coastal Development Permit (CDP 03-32), and ADOPT Planning Commission Resolution No. 6290 APPROVING a Tentative Tract Map (CT 03-10), based on the findings and subject to the conditions contained therein. II.INTRODUCTION The development proposal consists of an 11-lot subdivision and includes the construction of nine single-family residences and two second dwelling units (SDUs) on a 15.02-acre site generally located west of Kelly Drive and north of Hillside Drive at the terminus of Aura Circle within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1 in the northwest quadrant of the City. The subdivision would result in nine residential lots of 8,000 square feet or greater and two open space lots. In accordance with the City's Habitat Management Plan (HMP) the preserved lands will be designated as open space. Therefore, the project requires a General Plan Amendment (GPA) and Zone Change (ZC) to apply the Open Space (OS) General Plan Land Use Designation and OS Zone designation to Lots 10 and 11, and a Local Coastal Program Amendment (LCPA) to revise the LCP Land Use and Zone designations to reflect the new OS designations on the lots proposed for Open Space. The GPA O IK, GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 2 will also amend the Open Space and Conservation Element of the General Plan to add the OS designation to the Open Space and Conservation Map. The development proposal requires a Habitat Management Plan Permit (HMP), Tentative Tract Map (CT), Hillside Development Permit (HDP), and Coastal Development Permit (CDP) to subdivide, grade, and develop the site with the proposed residences. A Site Development Plan (SDP) is required to approve the SDUs on Lots 7 and 9 which will be used to satisfy the City's Inclusionary Housing requirement. The project site contains both disturbed and natural vegetation areas and the areas proposed for development are consistent with the HMP hardline for Aura Circle. The project requires City Council approval of the GPA, ZC, LCPA, HMP, SDP, HDP and CDP. The Planning Commission is the final decision-making body for the CT, unless appealed, because the proposed subdivision contains 50 units or less. The project has been reviewed for environmental impacts and no unmitigable significant impacts were found. As designed and conditioned, the project complies with all City Standards and all necessary findings can be made for the requested approvals. III. PROJECT DESCRIPTION AND BACKGROUND The Aura Circle project is located on a 15.02-acre site at the terminus of Aura Circle in Local Facilities Management Zone 1 in the northwest quadrant of the City. The site slopes from northwest to southeast with about 190 feet of elevational change between the highest and lowest points on the site. The site is currently vacant and undeveloped with patches of Coastal Sage Scrub, Native Grassland, Non-native Grassland and Disturbed Habitat. Single-family residences surround the site. The residences to the west on Avila Drive are between 60 and 100 above the proposed pad elevations and the residences to the east of the site on Kelly Drive are roughly 28 to 63 below the Aura Circle roadway extension. It should be noted there are a number of illegal encroachments along the west edge of the project where homeowners on Avila Road have expanded rear yard improvements into the subject property. These improvements will be removed and these areas will be revegetated in accordance with the landscape concept plan for the Aura Circle project. Additionally, a new 6-foot high, non-combustible, vinyl-clad chainlink fence will be installed along the western boundary of the site. A General Plan Amendment, Zone Change, Local Coastal Program Amendment, Habitat Management Plan Permit, Tentative Subdivision Map, Site Development Plan, Hillside Development Permit and Coastal Development Permit are required for the proposed subdivision consisting of nine residential lots with a minimum lot area of 8,000 square feet and two open space lots. Open Space Lots 10 and 11 comprise 12.36 acres (82% of the project area). The residential development is clustered on approximately 2.66 acres located near the south end of the site, consistent with the HMP hardline map for the property. The open space lots will have new General Plan Land Use and Zone designations of OS (Open Space). The GPA will also amend the Open Space and Conservation Element of the General Plan to add the OS designation to the Open Space and Conservation Map. The residential lots will retain the existing RLM (Residential Low-Medium Density) General Plan Land Use designation and the R-1-8,000 Zone designation. A Local Coastal Program Amendment is required to reflect the new OS General in GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 3 Plan Land Use and Zoning designations on the Local Coastal Program Land Use and Zoning Maps. The proposed subdivision would extend Aura Circle approximately 450 feet to a cul-de-sac teminus. The lot configuration is such that the proposed residential lots are single-loaded on the west side of Aura Circle. One panhandle lot is proposed at the end of the cul-de-sac. This configuration is necessary due to the severe topographic and biological constraints of the site. The existing zoning for the property is R-1-8,000 which requires a minimum lot size of 8,000 square feet and the subdivision has been designed with the residential lot sizes ranging from 8,002 to 11,173 (net) square feet. The development proposal includes the construction of nine single-family residences. The residences on Lots 7 and 9 have been designed with Second Dwelling Units (SDU) to meet the City's Inclusionary Housing Requirements. Plans for the residences are included, and are required in conjunction with the Coastal Development Permit application. Three floor plans are proposed with two architectural styles for each floor plan. Plan 1 is a single-story residence with a total of 3,773 square feet. Plans 2 and 3 are two-story residences with a total of 4,456 and 4,636 square feet, respectively. Plans 1 and 2 have a two-car garage and an option for either an additional one-car garage or extra office/bedroom. Plan 3 is designed with a two-car garage and includes a "3X" plan that is modified to show the SDU on the second floor. Plan 3X includes a total of 4,746 square feet. A Site Development Plan is required to demonstrate the design of the SDUs. The units contain 410 square feet and are accessed via an exterior stairway entrance to the unit. The units are located on the second floor at the rear of the residence and are completely integrated into the overall design of the residence. An additional parking space must be provided for the SDU and a tandem space within a 20-foot long driveway may satisfy this requirement. The site requires 14,037 cy/ac of earthwork to accommodate development pursuant to the standards outlined in the City's HMP for the site's HMP hardline. The proposed plan concentrates development in the southern portion of the existing lot, resulting in preservation of 3.17 acres of Diegan Coastal Sage Scrub (DCSS) with 1.84 acres of impact, preservation of 0.44 acres of Native Grassland with no impacts, preservation of 0.30 acres of Non-Native Grassland with no impacts, and preservation of 6.07 acres of Disturbed Habitat with 3.21 acres of impact. These impacts meet the terms set by the HMP regarding occupied DCSS. The impacts will be mitigated per the Carlsbad HMP. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. General Plan Residential Low-Medium Density (RLM) and Open Space (OS) Land Use designations; B. R-l One Family Residential (R-l-8,000 square foot minimum lot size) and Open Space (OS) Zones (Carlsbad Municipal Code (C.M.C.) Chapters 21.10 and 21.33), C. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 4 D. Mello II Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203); E. Hillside Development Regulations (C.M.C. Chapter 21.95) and Hillside Design Guidelines; F. City Council Policies 44 and 66 (Neighborhood Architectural Design Guidelines and Principles for the Development of Livable Neighborhoods); G. Inclusionary Housing Ordinance (C.M.C. Chapter 21.85); H. Growth Management Ordinance (C.M.C. Chapter 21.90) and Zone 1 Local Facilities Management Plan; and I. Habitat Management Plan (HMP). A. General Plan The General Plan Land Use designation for the project site is Residential Low-Medium (RLM: 0-4 du/ac). The RLM General Plan Land Use designation anticipates low-medium density residential development at a Growth Management Control Point (GMCP) of 3.2 du/ac used for the purposes of calculating the City's compliance with Government Code Section 65584. The Habitat Management Plan (HMP) requires the development to be concentrated on the southern 25% of the project site. According to the constraints analysis used for density calculations, 23 dwelling units could be located on the site and a total of eleven units, including the two second dwelling units, are proposed. The General Plan Amendment would change the General Plan Land Use designation from RLM to Open Space (OS) on the portions of the site proposed for open space habitat preservation. Pursuant to Government Code Section 65863, the City may not reduce the residential density on any parcel below that which was used by the California Department of Housing and Community Development in determining compliance with Housing Element law, unless the City makes the findings that the reduction of residential density is consistent with the adopted General Plan, including the Housing Element; and that the remaining sites identified in the Housing Element are adequate to accommodate the City's share of the regional housing need pursuant to Government Code Section 65584. The project is consistent with the City's General Plan since the proposed density of 0.67 du/ac is within the RLM density range of 0-4 du/ac specified for the site. The project's proposed density of 0.67 du/ac is below the Growth Management Control Point density (3.2 du/ac) used for the purposes of calculating the City's compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City's Certified Housing Element, all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by the developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. Additionally, the property is subject to the preservation standards of the Habitat Management Plan (HMP) and, as a property within the Coastal Zone, is subject to additional HMP . r\ GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 PageS conservation standards. As designed, the project complies with these conservation standards and results in the need to amend the General Plan to reflect the preservation of sensitive habitat within Lot 11. The City's HMP requires designation of the open space habitat preserve areas as Open Space (OS) on the General Plan Land Use and Open Space and Conservation maps concurrent with development. This action is consistent with the General Plan Open Space Element and is in accordance with the intent and purpose of the Open Space Zone to designate high-priority resource areas as open space at the time of development. The amendment will revise the current RLM General Plan Land Use designation to an OS designation on the 9.58 acres of preserved habitat within Lot 11 and on the 2.78 acres of undevelopable slopes within Lot 10 resulting in a total of 12.36 acres of additional General Plan designated open space. The project complies with all elements of the General Plan as illustrated in Table A below: TABLE A: GENERAL PLAN COMPLIANCE Element Land Use Housing Public Safety Open Space & Conservation Use, Classification, Goal, Objective Or Program Site is designated for Residential Low-Medium Density (RLM; 0-4 du/ac with aGMCPof3.2du/ac) Designate high-priority resource areas as open space at the time of development. Provision of affordable housing. Review new development proposals to consider emergency access, fire hydrant locations and fire flow requirements. Utilize Best Management Practices for control of storm water and to protect water quality Proposed Uses & Improvements 9 Single-family units and 2 second dwelling units result in a density of 0.67 du/ac. Open space preserve areas and undevelopable slopes will be designated as Open Space. The project is proposing to construct 2 second dwelling units to satisfy the 1 .65 du. Inclusionary Housing requirement. The project includes or has been conditioned to provide facilities to ensure that the development proposal complies with Public Safety Requirements. Project will conform to all NPDES requirements. Comply? Yes Yes Yes Yes 120 GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 6 TABLE A: GENERAL PLAN COMPLIANCE CONTINUED Element Use, Classification, Goal, Objective Or Program Proposed Uses & Improvements Comply? Circulation Require new development to construct roadway improvements needed to serve the development. Maximum cul-de-sac length of 600 feet or up to 1,200 feet with special permission from the City Engineer. Aura Circle will be extended and constructed on the project site to serve the development. The length of the cul-de-sac is 670 feet from the centerline of Hillside Drive. Yes B. R-l-8,000 and Open Space Zone Designations The site is currently zoned R-l-8,000 which allows for development of single-family residences on lots with a minimum lot size of 8,000 square feet. A Zone Change is proposed to redesignate Lots 10 and 11 from R-l-8,000 to OS. This will result in the zoning for the site being consistent with the proposed General Plan Land Use designations of RLM and OS. The project meets or exceeds all requirements of the R-l-8,000 zone regulations and all lot sizes and widths meet or exceed the minimum requirements of the zone. All required setbacks, lot coverage, and building height for the zone have been reviewed for compliance with the required standards as outlined in Table B below: TABLE B: R-l-8,000 ZONE COMPLIANCE Standard Minimum lot size Maximum lot coverage Lot width Panhandle (Lot 9) Required/Allowed 8,000 sq. ft. 40 % 60 foot minimum 1 0,000 sq. ft. min. net buildable area 60 foot minimum lot width 20 foot minimum panhandle width Max. 150 foot length (for a single lot) Proposed All lots exceed 8,000 sq. ft. and range from 8,002 to 12,874 sq. ft. Ranges from 22% to 39% 68 foot minimum ll,173sq. ft. net 60 foot 20 foot 76 foot length Comply? Yes Yes Yes Yes m GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page? TABLED: R-l-8,000 ZONE COMPLIANCE CONTINUED Standard Building Height Setbacks Parking Required/ Allowed 30 feet Front: 20 feet Side: 1 0% of lot width May be reduced to 5 feet provided the opposite yard is increased accordingly and has a minimum width of 10 feet Rear: 20% of lot width (20 feet max) 2-car garage Panhandle lots: 1 additional space Proposed Planl: 19'-7" (1 -story) Plan 2: 27 '-0" (2-story) Plan 3: 26 '-2" (2-story) 20 feet or greater 5 feet and 10 feet 20% or greater of lot width Each unit has a two- or three-car garage 1 additional space provided for Lot 9 Comply? Yes Yes Yes c.Subdivision Ordinance The Engineering Department has reviewed the proposed Tentative Tract Map and concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance (Title 20). The subdivision will create nine single-family residential lots and two open space lots. The project complies with all major subdivision design criteria including minimum lot depth of 90 feet, provision of public access, required street frontage, and minimum lot area. Cul-de-sacs over 600 feet in length require review by the City Engineer and in this instance, special permission has been granted for the 670 foot length due to the unique location of the site and the configuration of the lots. Lot 9 is designed as a panhandle lot and has been reviewed for compliance with the design criteria contained in CMC Section 21.10.100.C. The net buildable portion of the lot contains over 10,000 square feet; the front, side, and rear property lines have been plotted on the Tentative Map; the length of the panhandle does not exceed 150 feet with a minimum access width of 20 feet; and the site drainage will be channeled down the private access to the public street. The site plan has been designed to provide the required three non-tandem parking spaces with proper turn-around. Open Space Lot 10 consists of manufactured slopes and fire suppression zones that will be deed- restricted as Open Space and managed by the HOA. Open Space Lot 11 will be restricted by an open space conservation easement and will be conveyed to an appropriate conservation entity together with an endowment to ensure long-term biological maintenance, monitoring and reporting of this area, consistent with the HMP. The project is conditioned to install all infrastructure improvements concurrent with development. The proposed building setbacks will allow for adequate air circulation and the GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2,2007 PageS opportunity for passive heating and cooling. The applicant will be required to offer various dedications (e.g., drainage easements, street right-of-way) and will be required to install street and utility improvements, including but not limited to curbs, gutters, sidewalks, sewer facilities, drainage facilities, fire hydrants, and street lights. D. Mello II Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone The proposed project is consistent with the Mello II Segment of the LCP which contains land use policies for development and conservation of coastal land and water areas within its boundaries. The policies of the Mello II Segment emphasize topics such as preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access and prevention of geologic instability and erosion. The project is consistent with the following Coastal Act policies: A) there is no historic evidence of agricultural use of the property; B) the site is geologically stable and the proposed grading for the site has been limited to the area necessary to develop the site, including remedial grading and buttressing for portions of the site to ensure that the site and surrounding properties will not be affected by landslides; C) the project has been designed to reduce the amount of runoff off-site by surface drains and has been conditioned to implement the NPDES standards to ensure the quality of the water leaving the site; D) the project meets the parking requirements of the zoning ordinance; E) the project does not preclude any recreational opportunities or shoreline access as the property is not a shorefront property; and F) the development does not obstruct views of the coastline as seen from public lands or public rights-of-way. The development is subject to the Coastal Resource Protection Overlay Zone, Chapter 21.203 of the Carlsbad Municipal Code. The Coastal Resource Protection Overlay Zone identifies five areas of protection: steep slopes and vegetation; 2) drainage, erosion, sedimentation, habitat; 3) landslides and slope instability; 4) seismic hazards; and, 5) floodplain development. The project's compliance with these areas of concern is discussed below: 1. Slopes greater than 25% possessing endangered species and/or coastal sage scrub and chaparral plant communities are protected in the coastal zone. If application of the policy precludes any reasonable use of the property, then up to a 10% encroachment may be permitted. The site contains "dual criteria" slopes which are classified as slopes with an inclination of 25% or greater and containing sensitive habitat (Coastal Sage Scrub (CSS)). The proposed project would impact 1.67 acres or 37.42 % of the 4.46 acres mapped as "dual criteria" slopes. However, both the HMP (Section 7-10) and LCP (Section 3-1.11) contain provisions for Highly Constrained Properties that supersede this policy. These provisions state that when the City, with concurrences of the Wildlife Agencies and the Coastal Commission approves a Hardline Preserve Boundary (Hardline) as part of the HMP, then the amount of on-site preservation as identified by the Hardline shall apply. The Hardline for Aura Circle was approved as part of the second addendum to the HMP (Figure 36). Text conditions for the Aura Circle Hardline state that "For Aura Circle, development shall be clustered on the south portion of the property. Grading shall be GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 9 kept entirely off the largest area of CSS in the north part of the site. Created slopes shall be revegetated with CSS and existing disturbed areas of the project site that are not identified for development shall be used for on-site mitigation through restoration/re- creation of CSS. Post development habitat area and open space shall be placed into the HMP Preserve." The project includes extensive revegetation plans for Diegan Coastal Sage Scrub (DCSS) that will result in an additional 1:1 creation component (2:1 required; 3:1 proposed). Approximately 3.02 of the 5.75 acres proposed for DCSS revegetation will occur on slopes with a gradient of 25% or more. Therefore, post-development, there will be an overall increase of 1.35 acres of "dual criteria" slopes within the HMP open space preserve area. 2. Special erosion control measures must be included as conditions of approval. These "special" measures are standard measures required by the City's Grading Ordinance and are included as conditions of approval. As designed and conditioned, the proposed project will adhere to the City's Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased run off and soil erosion. All graded areas must also be landscaped for erosion control prior to October 1 of each year. If nesting gnatcatchers are present onsite, then grading may typically not occur from February 15 through August 31. Since gnatcatchers have been identified on site, mitigation measures are included to reduce noise impacts resulting from construction activities during the bird nesting season. 3. The Preliminary Geotechnical Investigations and Updates (GeoSoils, Inc, March 5, 2001; August 2, 2004; and September 22, 2005) indicates that the site contains colluviums/alluvium and undocumented artificial fills that will require removal and re- compaction according to the recommendations in the reports. The report indicates development of the property appears to be feasible from a geotechnical viewpoint, provided that the recommendations presented in the report are properly incorporated into the design and construction of the project. 4. The Preliminary Geotechnical Investigations and Updates (GeoSoils, Inc, March 5, 2001; August 2, 2004; and September 22, 2005.) states that no active or potentially active faults are known to exist on or in the vicinity of the site. The report found that seismic related hazards including Liquefaction, Tsunami, Dynamic Settlement, Surface Fault Rupture and Ground Lurching or Shallow Ground Rupture were considered during the evaluation of the site and are considered negligible and/or completely mitigated as a result of the site location, soil characteristics and typical site development procedures. 5. No part of the site is within the 100 year floodplain. The project requires a Local Coastal Program Amendment (LCPA) to change the LCP Land Use designation for Lots 10 and 11 from RLM to OS; and to change the LCP Zoning designation of R-1-8,000 to OS. The LCPA is necessary to provide consistency between the General Plan Land Use and LCP Land Use Maps and the Zoning Map and LCP Zone Map. In addition, the City's HMP requires designation of the open space habitat preserve areas as OS concurrent with GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 10 development. No comments were received during the required six-week LCPA public notice of availability period (January 12, 2007 - February 23, 2007). E. Hillside Development Regulations The site has a grade elevation change greater than 15 feet and slopes greater than 15% and therefore requires a Hillside Development Permit. Hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. Undevelopable areas of the project, i.e., slopes over 40%, and the open space preserve area have been properly identified and are within the proposed open space Lots 10 and 11. The site contains "dual criteria" slopes which are defined as slopes greater than 25% possessing endangered species and/or coastal sage scrub and chaparral plant communities within the coastal zone. These areas are generally considered undevelopable per the Hillside Ordinance and the Coastal Resource Protection Overlay Zone. As discussed in Section D above, 37.42 % of the dual criteria slopes (1.67 acres) will be impacted by the development pursuant to the HMP Hardline approved for Aura Circle. The remaining areas proposed for development consist primarily of disturbed habitat on slopes with a gradient of 25% or less. These areas are considered developable per the Hillside Ordinance and Coastal Resource Protection Overlay Zone. For developments located within the coastal zone, the Hillside Ordinance contains provisions to allow the decision-making body to approve encroachments to slopes over 25% grade in order to preserve natural habitats required by the City's HMP, provided that the required amount of preservation could not be achieved by the strict adherence to the requirements of Hillside Ordinance. In this instance, impacts to slopes over 25% are proposed on the southern one-third of the site in order to preserve the larger open space area located on the northern two- thirds of the site. The grading plan includes grading over approximately 5.45 acres of the 15-acre site. The project grading results in an estimated 76,503 cubic yards (cy) of cut, 27,746 cy of fill, 15% shrinkage (17,121 cy), and 31,636 cy of export. Additionally, 37,638 cy of remedial grading is anticipated to remove and recompact the existing artificial fill and colluvium/alluvium soils, and remedial grading is required to buttress portions of the site to ensure that the site and surrounding properties will not be affected by landslides. The Carlsbad Municipal Code Section 21.95.130 allows exclusions for areas that have unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading. The intent of this section is to avoid penalizing developments which grade specifically to accommodate habitat restoration, circulation element roadways or to remediate unstable geotechnical or soils conditions, all of which are grading activities which the City has determined to constitute a benefit to the general public or the environment. Excluding the remedial grading, the resulting grading volume of 14,037 cy/ac is identified by the Hillside Development and Design Standards as being in an unacceptable range. Grading volumes in the unacceptable range may be approved when the proposed grading qualifies as an exclusion or modification pursuant to CMC Section 21.95.140. Section 21.95.140 allows encroachments to slopes of over 25% grade and over in order to preserve natural habitats required by the City's Habitat Management Plan, and in accordance with CMC Chapter 21.203, when the required amount of preservation can not be achieved by the strict adherence to the requirements of CMC Sections 21.95.120(A) and (B). GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 11 The proposed grading scheme impacts areas with 25% slopes or greater so that the development can be clustered on the southern portion of the property while preserving the natural habitat areas that consist of larger stands of Diegan Coastal Sage Scrub that occur within the less steep areas on the northern portion of the site. The grading scheme results in manufactured 2:1 slopes up to 60 feet high (in some locations) along the rear (west side) of the residential lots and near the northeast side of Aura Circle. The slopes would be separated by a brow ditch into two smaller slopes not exceeding 30 feet in height and the slopes would follow the natural topography of the site. All manufactured slopes will be landscaped in accordance with the City's Landscape Guidelines Manual and will be revegetated with a naturalizing, non-invasive slope planting. Justification can be made for the proposed grading volumes in the unacceptable range in that the site grading is limited to the area of the site designated for development by the HMP Hardline for Aura Circle. As a result of the hardline agreement, the limits of the development footprint and open space were predetermined within the HMP. During the hardline negotiations for the project, an alternative design was created for the subject property that complied with the total grading volume criteria but was found to be unacceptable from an environmental perspective because it segmented the open space preserve area. The best environmental solution for the property, as determined by the City of Carlsbad, the California Coastal Commission, the California Department of Fish and Game and the U.S. Fish and Wildlife Service, was to cluster the development on the southern portion of the property. It was understood by all parties that the configuration of the open space provided a larger contiguous block of habitat that would be capable of better sustaining threatened, listed or sensitive species over time even though additional grading and initial impacts to the habitat would occur. Therefore, although the grading volumes do exceed the ranges of the hillside regulations, the environmental benefit of consolidating the open space habitat preserve area justifies the project approval via the standards modification provisions of the code. F. City Council Policy 44 - Neighborhood Architectural Design Guidelines and City Council Policy 66 - Livable Neighborhoods The development proposal includes the construction of nine single-family residences including two with Second Dwelling Units. Two architectural styles, Craftsman and California Ranch, are proposed for each of the floor plans. Plan 1 is designed as a single-story home and the remaining three floor plans are two-story homes as outlined in Table C below: TABLE C: FLOOR PLAN SUMMARY Planl Plan 2 Plan3 Plan 3x # of bedrooms/ bathrooms 4 bedrooms/3 bath 5 bedrooms/4 bath 4 bedrooms/4 1A bath 5 bedrooms/5 1A bath 5 bedrooms/4 l/2 bath 5 bedrooms/3 1A bath 2nd DU: 1 bdrm/1 bath Living Space 3,066 sf. 3,352 sf. 3,672 sf. 3,920 sf. 3,980 sf. 3,680 sf. 410 sf. Garage 707 sf. 421 sf. 784 sf. 536 sf. 656 sf. 656 sf. Total Square Feet 3,773 sf. 4,456 sf. 4,636 sf. 4,746 sf. Lot# Lots 4 & 5 Lots 2, 6 & 8 Lots 1 & 3 Lots 7 & 9 GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 12 The development proposal complies with the applicable guidelines and principles of City Council Policies 44 and 66 regarding architectural design and livable neighborhoods as shown in Tables D and E below: TABLE D: CITY COUNCIL POLICY 44 - NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES (APPLICABLE TO PROJECTS WITH 5 OR MORE HOMES) Architectural Guideline Compliance Comments Floor Plans and Elevations 1 All residential projects shall be required to have a minimum number of different floor plans, different front and corresponding matching rear elevations with different color schemes as identified below: I I 2-4 dwelling units shall provide 1 floor plan and 2 different elevations. 1X1 5-12 dwelling units shall provide 2 different floor plans and 2 different elevations. I I 13-20 dwelling units shall provide 2 different floor plans and 3 different elevations. O 21+ dwelling units shall provide 3 different floor plans and 3 different elevations. The project proposal includes 9 proposed detached single family units. There are 3 floor plans proposed with two distinct architectural styles for the elevations. Every house should have a coherent architectural style. All elevations of a house, including front, side and rear, should have the same design integrity of forms, details and materials. The two architectural styles proposed for the project include a Craftsman and California Ranch. These styles incorporate the forms and detailing that are conducive with the styles of architecture. GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2,2007 Page 13 TABLE D: CITY COUNCIL POLICY 44 - NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES (APPLICABLE TO PROJECTS WITH 5 OR MORE HOMES) CONTINUED Architectural Guideline Compliance Comments Floor Plans and Elevations In addition to the previous requirements, design details should reinforce and enhance the architectural form and style of every house and differ from other elevations of the same floor plan. A minimum of 4 complimentary design details, including but not limited to those listed below, shall be incorporated into each of the front, rear and street side building fa9ade(s) of the house. Design Details Balconies Decorative eaves and fascia Exposed roof rafter tails Arched elements Towers Knee braces Dormers Columns Exterior wood elements Accent materials (i.e.; brick, stone, shingles, wood or siding) Each of the proposed elevations utilize decorative eaves and fascia, knee braces, columns, exterior wood elements, and accent materials such as stone and wood siding. The proposed two-story units also include the use of balconies on the front and rear of the units. Floor plans in a project shall exhibit a variety of roof ridges and roof heights within a neighborhood. All floor plans and elevation styles comply. Please refer to the roof plans and elevations of the enclosed architecture plan sets for details. Houses with both the same floor plan and elevation style shall not occur on adjacent lots. As shown on the enclosed site plan, units with the same floor plan and elevation style do not occur on adjacent lots. Reverse floor plans shall be included where possible to add variety to the street scene. Due to the steepness of the proposed street only Lot 9 of the proposed project was able to be reversed. GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 14 TABLE D: CITY COUNCIL POLICY 44 - NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES (APPLICABLE TO PROJECTS WITH 5 OR MORE HOMES) CONTINUED Architectural Guideline Compliance Comments Single Story Requirements A minimum of 15% of the total number of homes shall be single-story structures. Single-story is defined as a maximum plate-line of 15 feet and a maximum building height of 20 feet. Lofts are permitted subject to CMC Section 21.04.330. or A minimum of 10% of the total number of homes shall be single-story structures and 15% shall be reduced second story structures. A reduced second story structure shall comply with the following criteria: I I A minimum of 60% of the roofline shall be single story; I I A 2-story element may be added in the central portion of the front and rear elevation; and I I The second story element may be no greater than 25% of the floor area of the first floor of the house (including garage). or For alley-loaded product, a minimum of 20% of the homes shall be single-story for the front 20% of the home (overall depth of house times 20%). The enclosed proposal includes a total of 9 units, which equates to a requirement of 1.35 units being single-story. Plan 1 of the proposal is a single-story unit and is plotted two (2) times within the development complying with the guideline. A maximum of 20% of the total number of homes are exempt from the requirement to have a single-story building edge. 20% of the total number of proposed units is 2 units. Plan 3X is plotted twice within the development and is exempt from the single-story building edge. GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 15 TABLE D: CITY COUNCIL POLICY 44 - NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES CONTINUED Architectural Guideline Compliance Comments Single Story Requirements (continued) The remaining total number of homes shall comply with one of the following guidelines: I] The home shall have a single-story building edge with a depth of not less than 8 feet and shall run the length of the building along one side except for tower elements. The roof covering the single-story element shall incorporate a separate roof plane and shall be substantially lower than the roof for the two-story element. Porches and porte-cochere elements shall qualify as a single-story edge. Houses with courtyards that are a minimum of 15 feet wide located along the side of the house and setback a minimum of 15 feet from the property line are not required to have a single-story building edge. ^| The home shall have a single-story building edge with a depth of not less than 5 feet and shall run the length of the building along one side. The roof of the single-story element shall be substantially lower than the roof for the two-story element of the building. 3 The home shall have a single-story building edge with a depth of not less than 3 feet for 40% of the perimeter of the building. The project complies with this guideline by providing a single-story building edge with a minimum depth of 3 feet for more than 40% of the perimeter for Plan types 2 and 3. The single story building edges are calculated as follows: • Plan 2- Perimeter Length = 305' Single Story Edge = 125'-2" or 41.0% • Plan 3 - Perimeter Length = 240' Single Story Edge = 100' or 41.7% GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 16 TABLE D: CITY COUNCIL POLICY 44 - NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES CONTINUED Architectural Guideline Compliance Comments Multiple Building Planes 10 For at least 66% of the homes in a project, there shall be at least 3 separate building planes on street side elevations of lots with 45 feet of street frontage or less and 4 separate building planes on street side elevations of lots with a street frontage greater than 45 feet. Balconies and covered porches qualify as a building plane. The minimum offset in planes shall be 18 inches and shall include, but not be limited to, building walls, windows, porches and roofs. The minimum depth between the faces of the forward-most plane and the rear plane on the front elevation shall be 10 feet. A plane must be a minimum of 30 sq. ft. to receive credit under this section. All plan types (100%) within the development meet the minimum number of building planes on the front elevation. Plan 1 = 4 Planes Plan 2 = 5 Planes Plan 3 = 5 Planes Plan 3X = 5 Planes 11 Rear elevations shall adhere to the same criteria outlined in Number 10 above for front elevations except that the minimum depth between front and back planes on the rear elevation shall be 4 feet. Rear balconies qualify as a building plane. All plan types (100%) within the development meet the minimum number of building planes on the rear elevation. Plan 1 = 4 Planes Plan 2 = 4 Planes Plan 3 = 4 Planes Plan 3X = 4 Planes 12 For at least 66% of the homes in a project, one side elevation shall have sufficient offsets or cutouts so that the side yard setback averages a minimum of 8.5 feet. All of the proposed plan types (100%) include a side yard setback that averages greater than 8.5 feet. Windows/Doors 13 At least 66% of exterior openings (door/windows) on every home in the project shall be recessed or projected a minimum of 2 inches and shall be constructed with wood, vinyl or colored aluminum window frames (no mill finishes). All of the exterior openings (100%) are either recessed or inset a minimum of 2" or trimmed with a minimum 2" thick foam trim. 14 Windows shall reinforce and enhance the architectural form and style of the house through, the use of signature windows and varied window shapes and sizes. Varied window shapes and sizes have been used throughout the proposed elevations. Please refer to the enclosed architecture plans for details. GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 17 TABLE D: CITY COUNCIL POLICY 44 - NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES CONTINUED Architectural Guideline Compliance Comments Front Porches 15 Fifty percent (50%) of the homes shall be designed with a covered front porch, open courtyard, or balcony (each with a minimum depth of 6 feet and a minimum area of 60 square feet) located at the front of the dwelling. The minimum depth for a covered front porch shall be measured from the front fa9ade of the home to the inside of any supporting porch posts. The front and sides of porches shall be open except for required and/or ornamental guardrails. A variety of roof elements shall be provided over porches. Porches may not be converted to living space. All proposed plan types (100%) include either an open courtyard, front porch or balcony located at the front of the dwelling that meet the minimum dimensions. • Plan type 1 includes an open courtyard. • Plan type 2 incorporates a balcony. • Plan type 3 includes both a porch and balcony. Front Entries 16 Seventy-five percent (75%) of the homes must have a front entry to the home that is clearly visible from the street. Walkways from the front door to the street are encouraged. Lot 9 does not have a front entry that is clearly visible from the street. The remaining Lots (89%) comply. Chimneys 17 Chimneys and chimney caps shall be in scale with the size of the home. No more than 2 chimneys shall be allowed for homes on lots in planned developments having an area less than 7,500 square feet. Proposed chimneys and chimney caps are in scale with the size of the home. Please refer to the enclosed architecture plans. Garage Doors 18 Garage doors for 3 or 4 cars in a row that directly face the street must have a minimum of an 1 8" plane change between the garage doors after the 2 car garage door. The proposed project does not include any garage doors for 3 or 4 cars in a row. Note #1: Fractional units of .5 or greater shall be rounded up to the next whole number and located in a manner to achieve the best project design as determined by the project planner. When a percentage of units are described in the guidelines, the intent is to have that percentage spread throughout the entire project. GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 18 TABLE E: CITY COUNCIL POLICY 66 - LIVABLE NEIGHBORHOODS Principle Compliance Comments Building Facades, Front Entries, Porches Facades create interest and character and should be varied and articulated to provide visual interest to pedestrians. Clearly identifiable front doors and porches enhance the street scene and create opportunities for greater social interaction within the neighborhood. Building entries and windows should face the street. Front porches, bay windows, courtyards and balconies are encouraged. The project has been designed with courtyard entrances that face the street. Second-story balconies that face the street are provided on Plans 2 and 3. Garages Homes should be designed to feature the residence as the prominent part of the structure in relation to the street. A variety of garage configurations should be used to improve the street scene. This may include tandem garages, side-loaded garages, front-loaded garages, alley-loaded garages and recessed garages. Plans 1 and 2 have been designed so that the two-car garage is recessed and the third garage space is side- loaded so that it does not detract from the street scene. Street Design An interconnected, modified (grid) street pattern should be incorporated into project designs when there are no topographic or environmental constraints. Interconnected streets provide pedestrians and automobiles many alternative routes to follow, disperse traffic and reduce the volume of cars on any one street in the neighborhood. Streets should be designed to provide both vehicular and pedestrian connectivity by minimizing the use of cul-de-sacs. The street network should also be designed to create a safer, more comfortable pedestrian and bicycling environment. Local residential streets should have travel and parking lanes, be sufficiently narrow to slow traffic, provide adequate access for emergency and service vehicles and emergency evacuation routes for residents and include parkways with trees to form a pleasing canopy over the street. Local residential streets are the public open space in which children often play and around which neighborhoods interact. Within this context, vehicular movement should be additionally influenced through the use of City-accepted designs for traffic calming measures. The project is proposed on a small infill lot that does not allow for grid streets. The project includes nine residences that will be accessed via the extension of Aura Circle which terminates in a cul-de-sac due to topographic constraints. The street is adequate to serve the nine proposed residences, two second dwelling units, and four existing residences. The road extension includes full-width improvements that will allow safe pedestrian movement throughout the site. There is also a perimeter sidewalk surrounding the residential development. GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 19 TABLE E: CITY COUNCIL POLICY 66 - LIVABLE NEIGHBORHOODS CONTINUED Principle Compliance Comments Parkways Street trees should be planted in the parkways along all streets. Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption. The project provides a fully landscaped parkway between the sidewalk and public street with 15 gallon street trees planted at approximately 40 feet o.c.. Pedestrian Walkways Pedestrian walkways should be located along or visible from all streets. Walkways (sidewalks or trails) should provide clear, comfortable and direct access to neighborhood schools, parks/plazas and transit stops. Primary pedestrian routes should be bordered by residential fronts, parks or plazas. Where street connections are not feasible (at the end of cul-de-sacs), pedestrian paths should also be provided. The project provides a sidewalk along both sides of the public street. Centralized Community Recreation Areas Park or plazas, which serve as neighborhood meeting places and as recreational activity centers should be incorporated into all planned unit developments. As frequently as possible, these parks/plazas should be designed for both active and passive uses for residents of all ages and should be centrally located within the project. Parks and plazas should be not be sited on residual parcels, used as buffers from surrounding developments or to separate buildings from streets. The project consists of standard single-family residential lots containing a minimum of 8,000 square feet and is not subject to the planned development requirements for community recreation areas. G. Inclusionary Housing Ordinance The City's Inclusionary Housing Ordinance (Chapter 21.85) requires that a minimum of 15% of all approved units in any qualified residential subdivision be made affordable to lower income households. The inclusionary housing requirement for this project is 1.65 dwelling units and the applicant is proposing to satisfy the project's affordable housing requirements by constructing second dwelling units (SDUs) on Lots 7 and 9. Pursuant to Section 21.85.070 of the Inclusionary ordinance, this request to satisfy Inclusionary Housing through the development of two SDUs requires the approval of the City Council. In the event that the City Council does not approve the request, the City Council may instead allow the applicant the option to purchase affordable housing credits within the future 10-unit Roosevelt Gardens project located in the Northwest Quadrant of the City. The 1-bedroom SDUs include 410 square feet of area and the units are integrated into the overall design of the Plan 3X residence. Parking for the second dwelling unit is provided as a tandem GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 20 parking space in front of the garage. Prior to Final Map approval, the property owner is required to enter into an Affordable Housing Agreement to deed restrict the two affordable units. Additionally, the property owner is conditioned to sign an Affidavit of Compliance declaring that the SDU does not conflict with the project CC&Rs, that the property owner will reside in either the main unit or second dwelling unit; and that the property owner has agreed to rent the SDU at a monthly rental rate not to exceed the income of a low low-income household, adjusted for household size, at 80% of the San Diego County median income. By providing two SDU's or having the option to purchase housing credits in the Northwest Quadrant, the development is providing its fair share of housing affordable to lower income households and therefore is consistent with the Inclusionary Housing Ordinance. H. Growth Management Regulations The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table F below. TABLE F: GROWTH MANAGEMENT COMPLIANCE Standard City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water Impacts 38.24 sq. ft. 20.40 sq. ft. 11 EDU .08 acres Basin B 110ADT Station No. 3 12.36 acres Carlsbad Unified (E= 2.57/M= 1.29/HS = 1.57) 11 EDU 2,420 GPD Comply? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes The proposed project is 12 units below the Growth Management Control Point (GMCP) for RLM properties. The unit yield of the property at the RLM GMCP (3.2 du/ac) is 23 units and 11 units are proposed. I. Habitat Management Plan The development proposal has been designed to be consistent with the Hardline Exhibit for Aura Circle (Figure 36), included in the City of Carlsbad Habitat Management Plan (HMP). The HMP conservation goals require conservation of the majority of sensitive habitats in or contiguous with biological core areas, and preservation of coastal sage scrub and maritime succulent scrub adjacent to the lagoons. The HMP requires additional conservation standards to be applied to properties in the Coastal Zone including provision of a 20-foot buffer between preserved upland habitats and development; preservation of 67% of the Coastal Sage Scrub GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 21 (CSS) on site; and a standard for "no net loss" of CSS. Project impacts to CSS require a 2:1 mitigation ratio with a minimum 1:1 creation component that achieves the "no net loss" standard. On-site preservation is not eligible for mitigation credit in the coastal zone. The site contains four vegetative communities: Diegan Coastal Sage Scrub (DCSS), Native Grasslands, Non-native grasslands, and disturbed habitat. The proposed development results in impacts to disturbed habitat and DCSS as illustrated below. In accordance with the HMP hardline developed for the project, the project will preserve 63.3% of the existing on-site DCSS. All of the preserved DCSS is located within the hardline preserve area of the site. All impacted DCSS is located within the areas shown in the HMP as being allowed for development. Because less than 67% of the DCCS will be preserved (63.3% as allowed by the hardline) the project will provide mitigation at a higher ratio (3:1 instead of 2:1) for impacts to 1.84 acres of DCSS through on-site creation of DCSS within the disturbed areas of the site to ensure "no net loss" of this habitat type. The project would create 5.57 acres of DCSS on site in addition to the remaining 3.17 acres of DCSS preserved on site. This equals 8.74 acres of DCSS preserved and/or created on-site post-project as compared with the 5.01 acres currently existing on site, for an overall net increase of 3.73 acres of DCSS. The project proposes Fire Supression Zones that are located entirely within the graded areas or residential lots and that do not occur within the HMP Preserve area. Pursuant to the HMP, the project is providing the required 20-foot buffer from preserved upland habitats within Fire Suppression Zone 3. No impacts will occur to the Native Grasslands and Non-native Grasslands. The majority of impact occurs within the Disturbed habitat areas of the site with 3.21 acres of impact. The HMP allows impacts to disturbed habitat to be mitigated by payment of an in-lieu mitigation fee. Pursuant to the HMP the project is conditioned to mitigate for the following impacts as shown in Table G below. TABLE G: VEGETATION IMPACTS ASSESSMENT PLANT COMMUNITY Diegan Coastal Sage Scrub (DCSS) Native Grasslands Non-Native Grasslands Disturbed Habitat TOTAL EXISTING ACRES 5.01 0.44 0.30 9.28 15.03 IMPACTED ACRES1 1.84 0.00 0.00 3.21 5.05 HMP MITIGATION RATIO Required2- 2: 1 Proposed- 3:1 No Impacts No Impacts Fee as noted REQUIRED MITIGATION 3.68 acres 5. 57 acres3 No Impacts No Impacts In-Lieu Fee 5.57 acres + Fee REMAINING ACRES 3.17 0.44 0.30 6.07 9.98 TOTAL (created/ preserved) 8.74 acres 0.44 acres 0.30 acres (6.07 acres)3 9.58 acres (Lot 11) Including Fire Suppression Zones (Brush Management) and 20-foot buffer. 2 Mitigation Ratio for Occupied DCSS. 3 Mitigation shall be accomplished through on-site creation within the disturbed portions of the site. Prior to issuance of a building permit or Final Map approval, the Revegetation Plans subject to the consultation and concurrence of the U. S. Fish and Wildlife Service California Department of Fish and Game (USFWS/CDFG) and the approval of the Carlsbad. shall be and the City of GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 22 Two sensitive plant species were observed on site: western dichondra and Del Mar Mesa sand aster. The western dichondra appears to be an isolated patch that is located within the middle of the proposed development footprint. According to the Biological Technical Report, the western dichondra is considered sensitive, but impacts to this species would be considered adverse, but less than significant considering the limited occurrence of the plant (2 individuals) on site and it's relatively low level of sensitivity. The populations of Del Mar Mesa sand aster are located in the open space preserve areas of the site and would not be impacted by the proposed development. Updated vegetation and sensitive species/rare plant surveys will be performed prior to issuance of a grading permit to ensure that the results from the 1999 surveys are still valid. If additional occurrences are found, impact and mitigation acreages will be revised pursuant to the HMP. The Biological Technical report indicates that several observations of CAGN were made throughout the DCSS communities on site: one male was discovered carrying nest material and at least one pair of CAGN occurs on site. CAGN is a covered species under the HMP, and mitigation measures have been developed to reduce impacts to this species and to ensure that 75% of the gnatcatchers are preserved on-site. In order to prevent negative effects on the habitat preserve areas, mitigation measures are included to address the interface between development and habitat with regard to fire management; erosion control; landscaping restrictions; fencing, signs and lighting; and predator and exotic species control. Additionally, in accordance with the HMP, the open space area will need to be protected by a conservation easement, an Open Space Management Plan will be prepared, and an endowment will need to be established for long-term management, monitoring and reporting of the area in perpetuity. Title to the open space parcel will need to be transferred to an appropriate land trust entity. The conditioned mitigation will result in a less than significant impact to biological resources. V. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to biological resources and mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have now been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper and sent to the State Clearinghouse for public agency review. Two public comment letters were received during the 30-day public review period from January 16, 2007 to February 16, 2007. A comment letter from the Public Utilities Commission, dated February 16, 2007, and a joint comment letter from USFWS and CDFG, dated February 16, 2007, were received during the 30-day public review and comment period. Verbal comments were received from a representative of the San Luis Rey Band of Mission Indians requesting that a qualified monitor be present on site during grading operations in the event that Native American remains or Native American cultural resources are discovered. In response to the letter from USFWS and CDFG, and the request from the San Luis GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 - AURA CIRCLE May 2, 2007 Page 23 Rey Band of Mission Indians, the MND and the MMRP have been revised (shown in bold type). Recirculation of the Mitigated Negative Declaration was not required pursuant to CEQA Section 15073.5 because the revisions did not qualify as "substantial revisions", no new avoidable significant impacts were identified, and mitigation measures are replaced with equal or more effective measures pursuant to CEQA Section 15074.1. The revised MMRP, the two comment letters and responses are included as attachments to Resolution No. 6285 recommending approval of the Mitigated Negative Declaration (Attachment 1). ATTACHMENTS: 1. Planning Commission Resolution No. 6285 (Mit. Neg. Dec.) 2. Planning Commission Resolution No. 6286 (GPA) 3. Planning Commission Resolution No. 6287 (ZC) 4. Planning Commission Resolution No. 6288 (LCPA) 5. Planning Commission Resolution No. 6289 (HMP) 6. Planning Commission Resolution No. 6290 (CT) 7. Planning Commission Resolution No. 6291 (SDP) 8. Planning Commission Resolution No. 6292 (HDP) 9. Planning Commission Resolution No. 6293 (CDP) 10. Location Map 11. Background Data Sheet 12. Local Facilities Impact Assessment Form 13. Disclosure Statement 14. Reduced Exhibits 15. Full Size Exhibits "A" - "AA" dated May 2, 2007 EXHIBIT 6 ABSENT: Commissioner Whitton ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING 1. PCD/GPC 07-01 - CAPITAL IMPROVEMENT PROGRAM BUDGET 2007-2008 - Request for a Planning Commission Determination of General Plan Consistency for the proposed Fiscal Year 2007-2008 Capital Improvement Program Budget. Planning Director Don Neu introduced Agenda Item 1 and stated Junior Planner Andrea Groves would make the Staff presentation. Chairperson Baker asked Ms. Groves if she wished to continue with only six Commissioners present. Ms. Groves confirmed that she would. Chairperson Baker opened the Public Hearing on Agenda Item 1. Ms. Groves gave a brief presentation and stated Staff would be available to answer any questions. Chairperson Baker asked if the Commission had any questions of Staff. Commissioner Dominguez disclosed that his wife is a Board Member of the Friends of Cabrillo Ranch. Chairperson Baker asked if any member of the audience wished to address Agenda Item 1; seeing none, she opened and closed public testimony. MOTION ACTION: Motion by Commissioner Cardosa, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6302 approving PCD/GPC 07-01 based upon the findings contained therein. VOTE: 6-0-1 AYES: Chairperson Baker, Commissioner Cardosa, Commissioner Montgomery, Commissioner Dominguez, Commissioner Douglas, Commissioner Segall NOES: None ABSENT: Commissioner Whitton Chairperson Baker closed the Public Hearing on Item 1 and asked Mr. Neu to introduce the next item. 2. GPA 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/CT 03-10/SDP 05-05/ HDP 03- 05/CDP 03-32 - AURA CIRCLE - Request for a recommendation of approval for adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Planning Commission Meeting Amendment, Zone Change, Local Coastal Program Amendment, Habitat Management Plan Permit, Site Development Plan, Hillside Development Permit, and Coastal Development Permit; and a request for approval of a Tentative Tract Map for the subdivision, grading and development of a 15.02-acre site into nine (9) residential lots and two (2) open space lots, including the construction of nine single-family residences and two second dwelling units on property generally located west of Kelly Drive and north of Hillside Drive at the terminus of Aura Circle within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Barbara Kennedy would make the Staff presentation. Chairperson Baker asked the applicant if he wished to continue with only six Commissioners present. The applicant confirmed that he would. Chairperson Baker opened the Public Hearing on Agenda Item 2. Ms. Kennedy gave a brief presentation and stated Staff would be available to answer any questions. Chairperson Baker asked if the Commission had any questions of Staff. Commissioner Montgomery questioned the revegetation plans for the site and the possible effect this may have on the fire protection zones. In particular, three structures located to the north of the project and the lush vegetation that exists at the location. Ms. Kennedy explained the City's policy requiring the applicant to provide fire suppression around new structures, but not existing structures. She added that she would defer to Fire Marshal Jim Weigand to address specific concerns about fire suppression zones. Fire Marshall Weigand gave a brief overview of possible vegetation burn patterns and reviewed the City's policy regarding habitat and mitigation measures being taken with this project. Commissioner Segall asked about the second dwelling units associated with this project. Ms. Kennedy stated she would defer to the Housing and Redevelopment Director Debbie Fountain to address concerns related to the City's affordable housing requirements. Ms. Fountain addressed the question regarding the issue of the second dwelling units being used as an affordable housing site. She added the City cannot require a private residence to be rented out and explained the deed restrictions placed on inclusionary second dwelling units. Ms. Fountain briefly explained the concept of inclusionary housing and restrictions the City has on enforcing any particular living arrangement. Chairperson Baker asked if it would be feasible to revisit the issue of inclusionary Page 3 of 8 Planning Commission Meeting housing ordinance in the northwest quadrant and its' effectiveness on meeting the current housing needs. Commissioner Segall stated a precedent has been set regarding housing-in-lieu fees. Chairperson Baker asked if there were any further questions for Staff; seeing none, she asked if the applicant wished to give a presentation. Jack Henthorn, 5365 Avenida Encinas, Suite A, Carlsbad, gave a brief presentation and stated he would be available to answer any questions the Commission may have. Chairperson Baker asked if the Commission had any questions for the applicant. Commissioner Dominguez questioned the applicant regarding current ownership of the property and encroachments on the site. Mr. Henthorn explained the position of the applicant and plans for dealing with those areas of the site. Commissioner Segall asked about the non-combustible fence as indicated in the Staff Report. Mr. Henthorn explained the nature of the fencing and Ms. Kennedy explained the proposed locations of various fencing materials. Fire Marshall Weigand addressed some of the Commission's questions regarding the fire suppression zone, the walls required to be constructed, and access to the vegetation areas on the site. Commissioner Dominguez asked Staff about an alluvial compilation at the site and whether it might necessitate further regulatory geophysical inspection. Clyde Wickham, Associate Engineer addressed those concerns specifically. Chairperson Baker asked about the color of the chain link fence surrounding the development. Mr. Henthorn stated it would.be a black vinyl, chain-link fence. Chairperson Baker asked about the grading efforts and if the adjacent properties would be notified. Mr. Henthorn stated the homeowners would be notified and the developer is very sensitive to the neighborhood concerns. Commissioner Douglas asked about wildlife issues and pending surveys. Mr. Henthorn explained the fencing and its ability to allow wildlife to pass while prohibiting humans to pass. Commissioner Cardosa asked for an explanation of the floor-plan and amenities of the inclusionary housing units. Mr. Henthorn stated they would be studio style units intended for one or two individuals. Chairperson Baker asked if there were any further questions of the applicant; seeing none, she asked if there were any members of the audience who wished to speak on Agenda Item 2 and opened public testimony. Jim Barton, 4925 Avila Avenue, Carlsbad, stated he resides on the second lot from im Page 4 of 8 Planning Commission Meeting Aura Circle. He asked about the 50-foot high cut slope that is planned for this location. Janet Hu, 4937 Avila Avenue, Carlsbad, stated she resides at one of the properties adjacent to the proposed development. She asked about any planned easements for the neighbors. Ms. Hu asked about fire safety issues with a shed that is currently in place on her property. Chairperson Baker asked Ms. Hu if she was aware of the encroachments into the adjacent property when she purchased her property. Ms. Hu stated that initially she was not, but it was revealed during the escrow process. She added that the owners at that time claimed to have no knowledge of any encroachments. Marina Jennings, 4933 Avila Avenue, Carlsbad, stated she resides adjacent to the proposed development. She asked about a possible easement and fire issues. Ms. Jennings stated she would like to open discussion with the applicant regarding the chain-link fence. Ramon Campbell, 2024 Aura Circle, stated he resides next to the proposed development and the upper part of the hill near his lot had an existing fence when he purchased his lot through a bank repossession sale. He stated he is concerned about the new proposed chain link fence. Mr. Campbell stated when he purchased his property, he was not aware that the entire area inside his fence is would not become his. He is concerned about drainage issues from the open space area. Chairperson Baker asked if there were any further questions; seeing none, she closed public testimony. Mr. Henthorn addressed some of the questions from the public, including prescriptive easements, chain-link fencing, drainage, and fire safety issues. Commissioner Douglas asked for an explanation of a prescriptive easement. Deputy City Attorney Ron Kemp gave a brief overview and stated an individual would need to address this issue with their attorney. Commissioner Dominguez asked for further explanation of the plans for drainage issue at the site. Mr. Wickham explained the general drainage plan for the site. Commissioner Montgomery asked about soil issues associated with the development. Mr. Wickham stated there have been several geotechnical surveys conducted and after further grading, this issue will be reviewed. Commissioner Montgomery stated he has reservations and questions regarding the boundaries of the site and the impact to the Habitat Management Plan (HMP) hardlines. He asked about fire suppression zones and the required plantings being located close to the existing structures on the property. Mr. Henthorn gave a brief explanation of his understanding of the requirements imposed by statute. Discussion ensued regarding the boundary issues and the HMP hardlines. Commissioner Segall asked about the project and any possible prescriptive Page 5 of 8 Planning Commission Meeting easements that may be granted in the future. He questioned what effect that would have on the project considering the habitat and HMP hardline. Mr. Kemp gave a brief explanation of a prescriptive easement and deferred to Mr. Neu to explain the effect on this particular project. Mr. Neu addressed the HMP hardline issues related to this project and projected scenarios in the event that an easement was granted. Discussion ensued regarding the issues related to the revegetation of the open space area at the site. Mr. Kemp stated Staff only has the ability to review the proposal as it is with the property rights as they currently exist. It is not in the purview of the Commission to speculate whether a prescriptive right exists or not. Commissioner Segall expressed concern with the revegetation plan and Commissioner Montgomery concurred. MOTION ACTION: Motion by Commissioner Cardosa, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6285 recommending adoption of a Mitigated Negative Declaration; adopt Planning Commission Resolutions No. 6286, 6287, 6288, 6289, 6291, 6292 and 6293 recommending approval of a General Plan Amendment (GPA 05-06), Zone Change (ZC 05-03), Local Coastal Program Amendment (LCPA 05-03), Habitat Management Plan Permit (HMP 06-12), Site Development Plan (SDP 05-05), Hillside Development Permit (HDP 03-05), and Coastal Development Permit (CDP 03-32), and adopt Planning Commission Resolution No. 6290 approving a Tentative Tract Map (CT 03-10), based on the findings and subject to the conditions contained therein. VOTE: 6-0-1 AYES: Chairperson Baker, Commissioner Cardosa, Commissioner Montgomery, Commissioner Dominguez, Commissioner Douglas, Commissioner Segall NOES: None ABSENT: Commissioner Whitton DISCUSSION Commissioner Segall stated he supports the project, but has remaining concerns about the wildlife issue that were raised in the discussion at this hearing. Commissioner Douglas stated she supports the project, but has concerns regarding the second dwelling units planned for this project. Commissioner Dominguez stated he believes this project signifies problems associated with future development in the infill areas of the City. He added he will support the project and concurs with both Commissioner Segall and Douglas. Page 6 of 8 Planning Commission Meeting Chairperson Baker stated she sees that several Commissioners have expressed concerns regarding the issue of second dwelling units in lieu of inclusionary housing credits. She added the matter can be addressed in one of several ways. The Commission could make a minute motion, motion to include the issue on a future Planning Commission agenda for further discussion, or motion to forward the item to a City Council Workshop for review. She stated this matter should be cleared before any other action is taken. Commissioner Montgomery stated he can support the project with the condition that the issues regarding habitat be addressed. He stated he has a differing opinion regarding the second dwelling units. He added he feels it would be a foolish to eliminate the use of the secondary dwelling unit in lieu of paying for an affordable housing credit. Commissioner Cardosa stated he encourages the applicant to continue to work closely with the wildlife agencies and the neighbors in the area. He added he recognized the inherent difficulties with the project, but supports it. Chairperson Baker stated she supports the project. She asked Commissioner Montgomery if he wanted to add a condition to the project regarding fire suppression. Commissioner Montgomery stated the proposed change to the Condition should read, "30-foot setback from the property line of low density, low-fuel plantings." Mr. Neu stated the language would be added to the landscape Condition 17, Resolution 6290. Chairperson Baker stated the intent is that the plant pallet on the north side of the project includes low-fuel natural coastal sage. MOTION ACTION: Motion by Commissioner Montgomery, and duly seconded, that the Planning Commission amend the Conditions of Approval. VOTE: 6-0-1 AYES: Chairperson Baker, Commissioner Cardosa, Commissioner Montgomery, Commissioner Dominguez, Commissioner Douglas, Commissioner Segall NOES: None ABSENT: Commissioner Whitton Chairperson Baker closed the Public Hearing on Item 2. Chairperson Baker stated the Commission could make a minute motion regarding the issue of second dwelling units, motion to include the issue on a future Planning Commission agenda for further discussion, or motion to forward the item to a City Council Workshop for review IHH Page 7 of 8 Planning Commission Meeting MOTION ACTION: Motion by Commissioner Dominguez, and duly seconded, that the Planning Commission include Second Dwelling Units as inclusionary housing and the effectiveness of that use on a future Planning Commission Agenda for discussion. VOTE: 5-1-1 AYES: Chairperson Baker, Commissioner Cardosa, Commissioner Dominguez, Commissioner Douglas, Commissioner Segall NOES: Commissioner Montgomery ABSENT: Commissioner Whitton COMMISSIONER COMMENTS Commissioner Segall asked what the final outcome was for the issue of 8-foot widths for garage doors. Mr. Neu stated the matter was forwarded to City Council for review and it was returned with the recommendation that the Planning Commission review the matter and provide a Resolution of Intention when it is returned in the future. Commissioner Montgomery thanked Commissioner Segall for his service to the Commission. PLANNING DIRECTOR COMMENTS Mr. Neu stated the draft Housing Element was presented to the Housing Commission for feedback to submit to HCD for approval. This was unsuccessful and further revisions are required prior to returning for a recommendation. Staff plans to make those changes and return in the near future. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of May 2, 2007, was adjourned at 7:52 p.m. DON NEU Acting Planning Director Michelle Lenkowski Minutes Clerk Page 8 of 8 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, June 26, 2007, to consider adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and approval of a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Habitat Management Plan Permit, Site Development Plan, Hillside Development Permit, and Coastal Development Permit for the subdivision, grading and development of a 15.02-acre site into nine (9) residential lots and two (2) open space lots, including the construction of nine single-family residences and two second dwelling units on property generally located west of Kelly Drive and north of Hillside Drive at the terminus of Aura Circle within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1 and more particularly described as: That portion of Lot "I" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, further described in Attachment "A" 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 June 22, 2007. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626. If you challenge the General Plan Amendment, Zone Change, Local Coastal Program Amendment, Habitat Management Plan Permit, Site Development Plan, Hillside Development Permit, or Coastal Development Permit 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 05-06/ZC 05-03/LCPA 05-03/HMP 06-12/SDP 05-05/HDP 03-057 CDP 03-32 CASE NAME: AURA CIRCLE PUBLISH: June 16, 2007 CITY OF CARLSBAD CITY COUNCIL jam anc ->m«Juge rree rnnnng Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® 100' OCCUPANT MAILING LABELS OCCUPANT 4835 KELLY DR CARLSBAD CA 92008-3734 KEVIN M & HOLLY ONEILL 4831 KELLY DR CARLSBAD CA 92008-3734 WILLIAM J & SONIA WITT 4827 KELLY DR CARLSBAD CA 92008-3734 BONNIE L SMELTZER 4823 KELLY DR CARLSBAD CA 92008-3734 OCCUPANT 4819 KELLY DR CARLSBAD CA 92008-3734 MARK & ROSEMARIE PORTER 4815 KELLY DR CARLSBAD CA 92008-3734 JOHN & SUSAN BLOSCH 4811 KELLY DR CARLSBAD CA 92008-3734 BENJAMIN TRUST 4809 KELLY DR CARLSBAD CA 92008-3734 MICHAEL J CLARKE 4807 KELLY DR CARLSBAD CA 92008-3734 NOEAAGUILAR 4839 KELLY DR CARLSBAD CA 92008-3734 CAMARDA TRUST 4843 KELLY DR CARLSBAD CA 92008-3734 MISSETT TRUST 4857 KELLY DR CARLSBAD CA 92008-3734 OCCUPANT 4861 KELLY DR CARLSBAD CA 92008-3734 EDGAR L & FRANCES BILLUPS 4865 KELLY DR CARLSBAD CA 92008-3734 DAVID C & CHERYL CARLTON 4869 KELLY DR CARLSBAD CA 92008-3734 CARL W & LOIS GALLOWAY 4871 KELLY DR CARLSBAD CA 92008-3734 MICHAEL D REITER 4875 KELLY DR CARLSBAD CA 92008-3734 OCCUPANT 2015 AURA CIR CARLSBAD CA 92008-3703 OCCUPANT 2019 AURA CIR CARLSBAD CA 92008-3703 RAMON A CAMPBELL 2024 AURA CIR CARLSBAD CA 92008-3702 NORMA A BROWNELL 2020 AURA CIR CARLSBAD CA 92008-3702 THOMAS TRUST 4803 KELLY DR CARLSBAD CA 92008-3734 MATTHEW KREPELIN 4805 KELLY DR CARLSBAD CA 92008-3734 METCALF FAMILY TRUST 01-12-91 4950 HILLSIDE DR CARLSBAD CA 92008-3722 ROSANNE RUBENSTEIN 4940 HILLSIDE DR CARLSBAD CA 92008-3722 EMARD TRUST 4930 HILLSIDE DR CARLSBAD CA 92008-3722 JIMMY & DONNA ALPNER 4915 AVI LA AVE CARLSBAD CA 92008-3705 AH3AV-O9-008-1 ®09 IS »ueqe6 a) zas;|iin apjdej a6eipas e ia aBejjnoquue uojssajdmi Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® 600' OWNERSHIP MAILING LABELS www.avery.com 1-800-GO-AVERY AVERY® 5160® CARLSBAD GREENS, LLC 27608 COBB LN VALLEY CENTER CA 92082 HAROLD D & GAIL STIDOLPH 4814 KELLY DR CARLSBAD CA 92008-3733 VERIZON WIRELESS 4901 EL CAMINO REAL CARLSBAD CA 92008-3748 VERIZON WIRELESS 4901 EL CAMINO REAL CARLSBAD CA 92008-3748 ANDERSON TRUST 4870 KELLY DR CARLSBAD CA 92008-3733 VANCE FAMILY TRUST 10-15-91 3592 VENTURE DR HUNTINGTON BEACH CA 92649- 2536 KEVIN M & HOLLY ONEILL 4831 KELLY DR CARLSBAD CA 92008-3734 WILLIAM J&SONIA WITT 4827 KELLY DR CARLSBAD CA 92008-3734 BONNIE L SMELTZER 4823 KELLY DR CARLSBAD CA 92008-3734 TAUZIN TRUST 251 S BEDFORD DR BEVERLY HILLS CA 90212-3722 MARK & ROSEMARIE PORTER 4815 KELLY DR CARLSBAD CA 92008-3734 JOHN & SUSAN BLOSCH 4811 KELLY DR CARLSBAD CA 92008-3734 BENJAMIN TRUST 4809 KELLY DR CARLSBAD CA 92008-3734 MICHAEL J CLARKE 4807 KELLY DR CARLSBAD CA 92008-3734 BARBER TRUST 2416 SONORA CT CARLSBAD CA 92010-2168 STIFFLER FAMILY TRUST 09-11-00 4820 KELLY DR CARLSBAD CA 92008-3733 JOSEF K & HALYNA HOLY 4824 KELLY DR CARLSBAD CA 92008-3733 LOUIS A & JACQUELINE WALLACE 4826 KELLY DR CARLSBAD CA 92008-3733 SANDRA FLOOD 4830 KELLY DR CARLSBAD CA 92008-3733 JOHN P & MARGARET MURPHY 4836 KELLY DR CARLSBAD CA 92008-3733 WLEKLINSKI FAMILY TRUST 4840 KELLY DR CARLSBAD CA 92008-3733 JAMES J & SHARON FLEMING 4810 KELLY DR CARLSBAD CA 92008-3733 DANIEL J & DEBORAH BANNON 4842 KELLY DR CARLSBAD CA 92008-3733 DEAN C & NATALIE MEYERS 4846 KELLY DR CARLSBAD CA 92008-3733 FLORES FAMILY TRUST 4850 KELLY DR CARLSBAD CA 92008-3733 THOMAS M & CARLA TILLMAN 4854 KELLY DR CARLSBAD CA 92008-3733 JOHN R & ROSA WHIPPLE JR 4858 KELLY DR CARLSBAD CA 92008-3733 ®09is AM3AV-O9-008-1 009 IS M«qe6 a| apjdej a6eipas e ia aSejjnoqnue uoissajduii Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® MARTIN JONES 4822 REFUGIO AVE CARLSBAD CA 92008-3728 JACKIE E & MARY ARCHER 4824 REFUGIO AVE CARLSBAD CA 92008-3728 AARON BUXBAUM 4821 REFUGIO AVE CARLSBAD CA 92008-3729 HADIYE HEALY 4819 REFUGIO AVE CARLSBAD CA 92008-3729 SAMANTHA SHAW 1985EPOINTEAVE CARLSBAD CA 92008-3777 TIMOTHY S & COLETTE EWING 1993EPOINTEAVE CARLSBAD CA 92008-3777 KEVIN RBOCKSR 1999EPOINTEAVE CARLSBAD CA 92008-3777 DAVID NICHOLLS 1998EPOINTEAVE CARLSBAD CA 92008-3776 ANDREW C & LINDA POE JR 1994 E POINTE AVE CARLSBAD CA 92008-3776 MARIEACZYPINSKI 1988 E POINTE AVE CARLSBAD CA 92008-3776 PALISADES POINT HOA UNIT 105 6992 EL CAMINO REAL CARLSBAD CA 92009-4145 JOHN M & MARGIE RUDOLPH 1896 HIGH RIDGE AVE CARLSBAD CA 92008-3759 RALPH BURSEY 1904 HIGH RIDGE AVE CARLSBAD CA 92008-3762 ROBERT J & LILLY CROUCH 1916 HIGH RIDGE AVE CARLSBAD CA 92008-3762 JOHN R & JANE OWENS 1928 HIGH RIDGE AVE CARLSBAD CA 92008-3762 VALERIE A JOBES 1940 HIGH RIDGE AVE CARLSBAD CA 92008-3762 KATHERINE M BALLINGER 1952 HIGH RIDGE AVE CARLSBAD CA 92008-3762 RICHARD R & KATHLEEN CONKLIN 1964 HIGH RIDGE AVE CARLSBAD CA 92008-3762 RICHARD A ZDEP 1978 HIGH RIDGE AVE CARLSBAD CA 92008-3762 GRODANZ TRUST 1986 HIGH RIDGE AVE CARLSBAD CA 92008-3762 CLARKE FAMILY TRUST 01-21-05 1981 HIGH RIDGE AVE CARLSBAD CA 92008-3763 TELESCOPE POINT HOMEOWNERS ASSN UNIT 105 6992 EL CAMINO REAL CARLSBAD CA 92009-4145 MARCELO V & AIDA V RULL 4926 NEBLINA DR CARLSBAD CA 92008-3726 ROBERTSON TRUST 29408 PASO ROBLES RD VALLEY CENTER CA 92082-7630 MSK DEVELOPMENT 27608 COBB LANE VALLEY CENTER CA 92082 JACK HENTHORN & ASSOCIATES STEA 5365 AVENIDA ENCINAS CARLSBAD CA 92008 ®09is AH3AV-O9-008H ®091S »ueqe6 s>\ apidej a6eipas e ja a6e.unoq!iue uoissajdui) jam anc Smudge free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® ROBISON FAMILY TRUST 04-18-01 4921 AVI LA AVE CARLSBAD CA 92008-3705 SMITH TRUST 4949 AVI LA AVE CARLSBAD CA 92008-3705 ROYALTY TIMOTHY E & SHELLY S REVOC TRUST 4947 AVI LA AVE CARLSBAD CA 92008-3705 VELCHEK FAMILY TRUST 4945 AVI LA AVE CARLSBAD CA 92008-3705 ANDERSON TRUST 4943 AVI LA AVE CARLSBAD CA 92008-3705 ALLISON BROWN 4941 AVI LA AVE CARLSBAD CA 92008-3705 DONALD A & MARCELLA AGATEP 4939 AVI LA AVE CARLSBAD CA 92008-3705 EIJI YAFUSO 4937 AVI LA AVE CARLSBAD CA 92008-3705 JACQUES TRUST 4935 AVI LA AVE CARLSBAD CA 92008-3705 SCOTT JENNINGS 4933 AVI LA AVE CARLSBAD CA 92008-3705 WALTERS TRUST 4931 AVI LA AVE CARLSBAD CA 92008-3705 POSTAL FAMILY TRUST 04-24-87 4929 AVI LA AVE CARLSBAD CA 92008-3705 OCCUPANT 4927 AVI LA AVE CARLSBAD CA 92008-3705 BARTON FAMILY TRUST 10-07-04 4925 AVI LA AVE CARLSBAD CA 92008-3705 DEAN F GAFFNEY 4923 AVI LA AVE CARLSBAD CA 92008-3705 LORNA V FARRANT 4734 AMBERWOOD CT CARLSBAD CA 92008-3701 ARTHUR HAWKINS JR 4736 AMBERWOOD CT CARLSBAD CA 92008-3701 DORNON TRUST 4738 AMBERWOOD CT CARLSBAD CA 92008-3701 OCCUPANT 4740 AMBERWOOD CT CARLSBAD CA 92008-3701 MARRIN TRUST 4742 AMBERWOOD CT CARLSBAD CA 92008-3701 KIDD TRUST 4726 BIRCHWOOD CIR CARLSBAD CA 92008-3706 RAYMOND & MINERVA CORONADO 4728 BIRCHWOOD CIR CARLSBAD CA 92008-3706 OCCUPANT 4730 BIRCHWOOD CIR CARLSBAD CA 92008-3706 OCCUPANT 4732 BIRCHWOOD CIR CARLSBAD CA 92008-3706 CHARLES CLIMENSON 4734 BIRCHWOOD CIR CARLSBAD CA 92008-3706 FORTUNA FAMILY TRUST 4736 BIRCHWOOD CIR CARLSBAD CA 92008-3706 REBECCA STOREY 4738 BIRCHWOOD CIR CARLSBAD CA 92008-3706 JACK & JOANNE GRESMER 4740 BIRCHWOOD CIR CARLSBAD CA 92008-3706 GRODANZ TRUST 1986 HIGH RIDGE AVE CARLSBAD CA 92008-3762 CLARKE FAMILY TRUST 01-21-05 1981 HIGH RIDGE AVE CARLSBAD CA 92008-3763 ®09is AH3AV-O9-008-1 | zes||itn apjdej a6eipas e *a a6ejjnoqiiue uoissajduii Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® MICHAEL & MARGARET ALSTON 4862 KELLY DR CARLSBAD CA 92008-3733 FRANCISCO & JOVITA VALDIVIA 3901 LIN MAR LN CARLSBAD CA 92008-4125 SHANNON K MINEHAN UNITF 73 SUFFOLK AVE SIERRA MAD RE CA 91024-2535 NOEAAGUILAR 4839 KELLY DR CARLSBAD CA 92008-3734 CAMARDA TRUST 4843 KELLY DR CARLSBAD CA 92008-3734 MISSETT TRUST 4857 KELLY DR CARLSBAD CA 92008-3734 COE TRUST 1217 CAMINITO CAROLINA ENCINITAS CA 92024-7001 EDGAR L & FRANCES BILLUPS 4865 KELLY DR CARLSBAD CA 92008-3734 DAVID C & CHERYL CARLTON 4869 KELLY DR CARLSBAD CA 92008-3734 CARL W & LOIS GALLOWAY 4871 KELLY DR CARLSBAD CA 92008-3734 MICHAEL D REITER 4875 KELLY DR CARLSBAD CA 92008-3734 STANLEY D & MARY GAFNER 950 SAXONY RD ENCINITAS CA 92024-2221 KLEEBERGER REVOC TRUST 02-17- 99 12912 W FIDDLELEAF DR BOISE ID 83713-2077 RAMON A CAMPBELL 2024 AURA CIR CARLSBAD CA 92008-3702 NORMAABROWNELL 2020 AURA CIR CARLSBAD CA 92008-3702 THOMAS TRUST 4803 KELLY DR CARLSBAD CA 92008-3734 MATTHEW KREPELIN 4805 KELLY DR CARLSBAD CA 92008-3734 METCALF FAMILY TRUST 01-12-91 4950 HILLSIDE DR CARLSBAD CA 92008-3722 ROSANNE RUBENSTEIN 4910 HILLSIDE DR CARLSBAD CA 92008-3722 EMARD TRUST 4930 HILLSIDE DR CARLSBAD CA 92008-3722 NAKAYAMA TRUST 4920 HILLSIDE DR CARLSBAD CA 92008-3722 SCOTT L CHANDLER 2600 CHERRY HILLS DR SIERRA VISTA AZ 85650-5183 ISHIOKA FAMILY TRUST 11-27-05 2015 CORDOBA PL CARLSBAD CA 92008-3712 HENRY L & JUDY PETERSON 2011 CORDOBA PL CARLSBAD CA 92008-3711 GERALD R & MARLENE DUNN 2009 CORDOBA PL CARLSBAD CA 92008-3711 WADE.GEORGE W FAMILY 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CORALWOOD CIR CARLSBAD CA 92008-3708 OBERT FAMILY TRUST 11-25-92 4668 CORALWOOD CIR CARLSBAD CA 92008-3708 REES FAMILY TRUST 09-10-86 4666 CORALWOOD CIR CARLSBAD CA 92008-3708 CARLSBAD PALISADES HOMEOWNERS ASSN PO BOX 1114 CARLSBAD CA 92018-1114 MOORE TRUST 4702 AMBERWOOD CT CARLSBAD CA 92008-3701 AM3AV-O9-008-1 009 IS lueqeB 9\ apjdej aBeipas ? ja a6ejjnoqi)ue uoissaidiui Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO- AVERY AVERY® 5160® MARCELINO ALLISON 4704 AMBERWOOD CT CARLSBAD CA 92008-3701 CHRISTINE M MASON 4706 AMBERWOOD CT CARLSBAD CA 92008-3701 BREEA L BLOMDAHL 4708 AMBERWOOD CT CARLSBAD CA 92008-3701 LEROY P & MARGARET MASSEY 4710 AMBERWOOD CT CARLSBAD CA 92008-3701 RICHARD W & CONNY CRAWFORD PO BOX 81722 SAN DIEGO CA 92138-1722 (CATHERINE A & KRISTINE KATSUNE 4714 AMBERWOOD CT CARLSBAD CA 92008-3701 RAYMOND & JANA TOMPKINS 4716 AMBERWOOD CT CARLSBAD CA 92008-3701 LESLIE J MURRELL 4718 AMBERWOOD CT CARLSBAD CA 92008-3701 GOLAS FAMILY TRUST 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SHIRLEY A MISLOSKI 4711 AMBERWOOD CT CARLSBAD CA 92008-3745 WILLIAM T READY 4709 AMBERWOOD CT CARLSBAD CA 92008-3745 EUGENE V & DIXIE YOCUM 1984 ANDREWS CT OCEANSIDECA 92054-6100 LAURETTA A BOYINGTON 4705 AMBERWOOD CT CARLSBAD CA 92008-3745 ANDREW D & JUDITH CUMMINS 4703 AMBERWOOD CT CARLSBAD CA 92008-3745 ®09is AH3AV-OD-008-1 aBeipas e »a aBejjnoqnue uojssaidiu) Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® CARLSBAD PALISADES HOMEOWNERS ASSN PO BOX 1114 CARLSBAD CA 92018-1114 DAVID & RAMON A ZAVALA 4702 BIRCHWOOD CIR CARLSBAD CA 92008-3706 LINDA D SILVEY 2946 HIGHLAND DR CARLSBAD CA 92008-1911 WANG TRUST PO BOX 1552 CARLSBAD CA 92018-1552 ZNORSKI TRUST 1624 CORMORANT DR CARLSBAD CA 92011-4004 DANIELJMCALEAVEY 4710 BIRCHWOOD CIR CARLSBAD CA 92008-3706 CHRIS C & SARRAH GIELOW 4712 BIRCHWOOD CIR CARLSBAD CA 92008-3706 TIMOTHY A & ELLA KITTELL 4880 VIA PIEDRA YORBA LINDA CA 92886-7317 LONG FAMILY TRUST 09-17-91 4716 BIRCHWOOD CIR CARLSBAD 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STEVEN C & SHIRLEY ARMSTRONG 4701 BIRCHWOOD CIR CARLSBAD CA 92008-3707 THOMAS A & VICKI WORTH 1435 FOREST AVE CARLSBAD CA 92008-1012 ARTHUR B & REGINA WARSHAWSKY 1027SAINTALBANSPL ENCINITAS CA 92024-2220 MARIO & LOUISE CHAPPINS 4707 BIRCHWOOD CIR CARLSBAD CA 92008-3707 AH3AV-OD-008-1 ®091S I!«qe6 a| epidej a6eip?s e *a aBejjnoqpue uojssaidui| DEPT OF FISH & GAME ENV SERV DIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV 600 HARRISON ST SAN FRANCISCO CA 94107 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 958251888 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 US ARMY CORPS OF ENGINEER STE 702 333 MARKET ST SAN FRANCISCO CA 941052197 SAN FRANCISCO BAY CONSERVE DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 9411H704 US BUREAU OF RECLAMATION MID PACIFIC REG 2800 COTTAGE WY SACRAMENTO CA 95825 DEPT OF ENERGY STE 350 901 MARKET ST SAN FRANCISCO CA 94103 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 921084402 1120NST SACRAMENTO CA 95814 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV ARRAIRS PO BOX 3044 SACRAMENTO CA 958123044 SD COUNTY PLANNING & LAND USE DEPT STE B-5 5201 RUFFIN RD SAN DIEGO CA 92123 STATE LANDS COMMISSION STE 100 S 100 HOWE AVE SACRAMENTO CA 95825 DEPT OF ENERGY STE 400 611 RYAN PL2DR ARLINGTON TX 760114005 COUNTY OF SD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO ca 92101 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 UbH ur LOS ANGELES DIST ENG PO BOX 2711 LOS ANGELES CA 90053 CITYOFENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 BUSINESS, TRANS & HSG AGENCY STE 2450 980 NINTH ST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 SANDAG EXEC DIRECTOR STE 800 1STINTLPLZ401BST SAN DIEGO CA 92101 MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOS ALAMITOS CA 907205139 DEPT OF JUSTICE DEPTOFATTYGEN RM700 110 WEST AST SAN DIEGO CA 92101 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURSES RM100 1220NST SACRAMENTO CA 95814 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95616 Ub BUKhAU Uh LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 STATE LANDS COMMISSION STE 1005 100 HOWE AVE SACRAMENTO CA 958258202 SCOTT MALLOY - BIASD STE110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 City of Carlsbad Office of the City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 City of Carlsbad Office of the City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 SAN MARCOS SCHOOL DIST STE 250 255 PICO AVE SAN MARCOS CA 92069 City of Carlsbad Office of the City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 VALLECITOS WATER DIST 201 VALLECITOS DE ORO SAN MARCOS CA 92069 City of Carlsbad Office of the City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 City of Carlsbad Office of the City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 City of Carlsbad Office of the City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 OLIVENHAIN WATER DIST 1966OLIVENHAINRD ENCINITAS CA 92024 ENCINITAS SCHOOL DIST 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 SITEMAP NOT TO SCALE AURA CIRCLE GPA 05-067 ZC 05-037 LCPA 05-037 HMP 06-127 SDP 05-057 HDP 03-057 CDP 03-32 Aura CircleAura CircleGPA 05GPA 05--06/ZC 0506/ZC 05--03/LCPA 0503/LCPA 05--03/03/HMP 06HMP 06--12/SDP 0512/SDP 05--05/HDP 0305/HDP 03--05/CDP 0305/CDP 03--3232 Location MapLocation MapKELLY DREL CAMINO REALTAMARACK AVHILLSIDE DRA U R A C R DR K E L LY D RPARK DREL CAMINO REALNEBLINA DRAVI LA AV HILLSIDE DRHIGH RIDGE AVTELESCOPE AVREFUGIO AVPALISADES DRLOMA WYC O R D O B A P L A U R A C R BIRCHWOOD CRRE F U G I O AV CORDOBA PLAURA CIRCLEBoundary0 200 400 600 800100FeetGPA 05-06/ZC 05-03/LCPA 05-03/CT 03-10/SDP 05-05/HDP 03-05/CDP 03-32 AURA CIRCLE North from CenterWest from CenterSouth from Center East from Center WestWestNorth South Aura CircleAura Circlezz15.02 acre site15.02 acre sitezz9 single9 single--family residential lots family residential lots zz2 open space lots (12.36 acres)2 open space lots (12.36 acres)zz9 residences (Two with 2nd 9 residences (Two with 2nd DUsDUs)) Aura CircleAura Circle¾¾LCP Mello II Segment LCP Mello II Segment ¾¾General Plan: RLMGeneral Plan: RLM¾¾Zoning : RZoning : R--11--8,000 8,000 ¾¾HMP HMP HardlineHardline ¾¾General Plan Land Use Designation: General Plan Land Use Designation: zzExisting: RLM (0Existing: RLM (0--4 du/ac)4 du/ac)zzProposed : RLM & OSProposed : RLM & OSzzDensity: 0.67 du/acDensity: 0.67 du/ac¾¾Zone Designation:Zone Designation:zzExisting: RExisting: R--11--8,0008,000zzProposed: RProposed: R--11--8,000 & OS8,000 & OS¾¾Increased Open Space:Increased Open Space:zz+ 2.78 acres in Lot 10 + 2.78 acres in Lot 10 zz+ 9.58 acres in Lot 11 (OS preserve area)+ 9.58 acres in Lot 11 (OS preserve area)Aura CircleAura CircleRLMR-1-8,000OS Plan 2Plan 1 Plan 3Plan 3X RelevantRelevantPoliciesPolicies¾¾General PlanGeneral Plan¾¾ZoningZoning¾¾Local Coastal ProgramLocal Coastal Program¾¾Habitat Management PlanHabitat Management Plan¾¾Subdivision OrdinanceSubdivision Ordinance¾¾InclusionaryInclusionaryHousing Housing ––2 Second 2 Second DUsDUs¾¾Hillside Development OrdinanceHillside Development Ordinance¾¾Coastal Resource Protection ZoneCoastal Resource Protection Zone¾¾Zone 1 Local Facilities Management PlanZone 1 Local Facilities Management Plan Aura CircleAura Circle¾¾Hillside Development OrdinanceHillside Development Ordinance¾¾Coastal Resource Protection ZoneCoastal Resource Protection ZonezzImpacts Impacts ““Dual CriteriaDual Criteria””slopesslopeszzGrading quantities are in the Grading quantities are in the ““UnacceptableUnacceptable””rangerangezzJustification can be made to allow modifications to standards Justification can be made to allow modifications to standards due to the environmental benefit of consolidating the open due to the environmental benefit of consolidating the open space preserve areaspace preserve areazzSignificant slopes and sensitive habitat will be preserved in Significant slopes and sensitive habitat will be preserved in accordance with the HMP accordance with the HMP HardlineHardline Environmental ReviewEnvironmental Review¾¾Mitigated Negative DeclarationMitigated Negative DeclarationzzPotential impacts to habitatPotential impacts to habitatzzMitigation measures reduce impacts to Mitigation measures reduce impacts to ““Less than SignificantLess than Significant””levellevel¾¾Comment LettersComment LetterszzUSFWS/CDFG, Public Utilities Commission, San Luis USFWS/CDFG, Public Utilities Commission, San Luis ReyReyBand of Mission IndiansBand of Mission IndianszzAdditional conditions added to address concerns Additional conditions added to address concerns RecommendationRecommendation¾¾Adopt the Mitigated Neg. Dec.Adopt the Mitigated Neg. Dec.¾¾Approve GPA 05Approve GPA 05--06, ZC 0506, ZC 05--03, 03, LCPA 05LCPA 05--03, HMP 0603, HMP 06--12, SDP 0512, SDP 05--05, 05, HDP 03HDP 03--05 and CDP 0305 and CDP 03--3232