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HomeMy WebLinkAbout2008-11-18; City Council; 19635; Adams Street Subdivisionwfi^jrarfy ^ijjljy AB# MTG. DEPT. CITY OF CARLSBAD - AGENDA BILL t 19.635 11/18/08 PLN ADAMS STREET SUBDIVISION GPA 06-08/ZC 06-07/LCPA 06-08 DEPT. HEAD J CITY ATTY. ( 8 ^ j - foiy |e*3r CITY MGR. 6CV K RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2008-305 . ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and APPROVING General Plan Amendment (GPA 06-08) and Local Coastal Program Amendment (LCPA 06-08), and INTRODUCE Ordinance No. CS-016 APPROVING a Zone Change (ZC 06-07) based upon the findings and subject to the conditions contained therein. ITEM EXPLANATION: Project Application(s) Environmental Review (MND) GPA 06-08 ZC 06-07 LCPA 06-08 PUD 05-1 9 HDP 05-1 2 V 07-03 HMP 07-04 MS 05-29 Administrative Approvals X X Planning Commission RA RA RA RA X X X City Council X X X </ RA = Recommended Approval * = Final City decision-making authority s = requires Coastal Commission approval On October 1, 2008, the Planning Commission conducted a public hearing and recommended to the City Council approval (5-0-2 - Commissioners Montgomery and Douglas absent) of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and a General Plan Amendment, Local Coastal Program Amendment, and Zone Change to change the General Plan and Local Coastal Program land use designations and the Zoning designation on a 1.08 acre property generally located on the south side of Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive within the Agua Hedionda Segment of the Local Coastal Program. The amendment would change the Land Use and Zoning designations from Residential Low-Medium Density (RLM, 0-4 du/ac) and One- Family Residential (R-1-15,000) to RLM/Open Space and R-1-15,000/Open Space. At the same hearing, the Planning Commission also approved (5-0-2) a Hillside Development Permit, Variance, and Habitat Management Plan Permit. In conjunction with two administrative DEPARTMENT CONTACT: Jason Goff 760-602-4643 jgoff@ci.carlsbad.ca.us FOR CITY CLERKS USE ONL Y. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 permits, a Minor Subdivision Map and a Planned Development Permit, these permits would allow for the subdivision and development of two single-family residential parcels with custom single-family homes, one common area parcel for a driveway, and one open space parcel for the purpose of habitat preservation. The Planning Director and City Engineer will act on the administrative permits subsequent to the City Council's action on the project. The City does not have coastal development permit authority within the Agua Hedionda Segment of the LCP, and therefore, the California Coastal Commission will act on the Coastal Development Permit as well as the Local Coastal Program Amendment, subsequent to the City's action on the other permits. Except for brief statements from the two property owners and their representatives, no other public comments were received at the Planning Commission hearing. A full disclosure of the Planning Commission's actions and a complete description and staff analysis of the proposed project are included in the attached minutes and Planning Commission staff report. The Planning Commission and staff are recommending approval of the proposed land use and zoning amendments. FISCAL IMPACT: All public infrastructure required for this project will be funded and/or constructed by the developer. ENVIRONMENTAL IMPACT: The project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The environmental impact assessment prepared in conjunction with the project identified potentially significant impacts to both biological and cultural resources, as well as exposure of people or structures to wild land fire. Mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published by the Planning Director in February 26, 2008. EXHIBITS: 1. City Council Resolution No. 2008-305 2. City Council Ordinance No. CS-016 3. Location Map 4. Planning Commission Resolutions No. 6474, 6475, 6476, 6477, 6478, 6479, and 6480. 5. Planning Commission Staff Report dated October 1, 2008. 6. Draft Excerpts of Planning Commission Minutes, dated October 1, 2008. EXHIBIT 1 1 RESOLUTION NO. 2008-305 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 AND LOCAL COASTAL PROGRAM AMENDMENT TO CHANGE THE GENERAL PLAN AND LOCAL 5 COASTAL PROGRAM LAND USE DESIGNATIONS FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) TO 6 RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) AND OPEN SPACE (OS) ON A 1.08 ACRE SITE GENERALLY 7 LOCATED ON THE SOUTH SIDE OF ADAMS STREET ALONG THE NORTH SHORE OF THE AGUA HEDIONDA LAGOON 8 BETWEEN HIGHLAND DRIVE AND PARK DRIVE WITHIN THE AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL 9 PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: ADAMS STREET SUBDIVISION 10 CASE NO.: GPA 06-08/LCPA 06-08 11 The City Council of the City of Carlsbad, California, does hereby resolve as 12 follows: 13 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 14 Commission did, on October 1, 2008, hold a duly noticed public hearing as prescribed by law to 15 consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting program, 1" as referenced in Planning Commission Resolution No. 6474, General Plan Amendment GPA 17 06-08, according to Exhibit "GPA 06-08" attached to Planning Commission Resolution No. 6475 1 X and incorporated herein by reference, and Local Coastal Program Amendment LCPA 06-08, 19 according to Exhibit "LCPA 06-08" attached to Planning Commission Resolution No. 6477 and 20 incorporated herein by reference to change the General Plan and Local Coastal Program Land 21 Use designations from Residential Low-Medium Density (RLM, 0-4 du/ac) to Residential Low- 22 Medium Density (RLM, 0-4 du/ac) and Open Space (OS), and the Planning Commission 23 adopted Planning Commission Resolutions No. 6474, 6475, and 6477 recommending to the 24 City Council that they be approved; and 25 WHEREAS, the City Council of the City of Carlsbad, on the 18tb day of *y(\ November , 2008, held a duly noticed public hearing to consider said Mitigated 27 Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan 28 Amendment, and Local Coastal Program Amendment; and 1 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 3 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 4 General Plan Amendment, and Local Coastal Program Amendment. 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 6 of Carlsbad as follows: ' 1. That the above recitations are true and correct. 8 2. That the recommendation of the Planning Commission for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approval of a General Plan Amendment and Local Coastal Program Amendment are adopted and approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 6474, 6475, and 6477 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 12 3. That the application for a General Plan Amendment to change the Land Use designation from Residential Low-Medium Density (RLM, 0-4 du/ac) to Residential Low- 13 Medium Density (RLM, 0-4 du/ac) and Open Space (OS) on a 1.08 acre site generally located on the south side of Adams Street along the north shore of the Agua Hedionda Lagoon between 14 Highland Drive and Park Drive, as shown in Planning Commission Resolution No. 6475, is hereby accepted, approved in concept, and shall be formally approved with GPA Batch No. 3 of 15 2008. 4. That the approval of LCPA 06-08 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 18 5. This action is final the date this resolution is adopted by the City Council and is subject to the approval of the LCPA 06-08 by the California Coastal Commission. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" 2Q shall apply: 21 /" 22 "/ 23 /// 24 /// 25 /// 26 /// 27 /// 28 -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 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 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 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 18tb day of November 2008, by the following vote, to wit: AYES: Council Members Lewis, Hall, Packard and Nygaard. NOES: None- ABSENT: Council Member Kulcbin. ATTEST: LORRAINE M. WafbrVCity Clerk' /SEAL) O~ -»R V\»»U "'"//.*<S#.^X^c/v;» s&h % -3- EXHIBIT 2 1 ORDINANCE NO. CS-016 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 06-07, 4 FROM R-1-15,000 TO R-1-15,000 AND OS ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF ADAMS 5 STREET ALONG THE NORTH SHORE OF THE AGUA HEDIONDA LAGOON BETWEEN HIGHLAND DRIVE AND PARK 6 DRIVE WITHIN THE AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES 7 MANAGEMENT ZONE 1. CASE NAME: ADAMS STREET SUBDIVISION 8 CASE NO.: ZC 06-07 9 WHEREAS, the City Council did on the ist-.h day of November , hold a duly 10 noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a Zone Change as shown 12 on Exhibit "ZC 06-07" dated October 1, 2008, attached hereto and made a part hereof; and 13 WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council considered all factors relating to the ZC 06-07 - Adam Street Subdivision. 16 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the1 o zoning map, is amended as shown on the map marked Exhibit "ZC 06-07," dated October 1, 2008, attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6476 shall also constitute the findings and conditions of the City Council. 24 25 26 27 28 -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 18th day of November, 2008, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2008, 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) EXHIBIT 3 ZC 06-07 OS Exhibit "ZC 06-07" October 1,2008 Adams Street Subdivision EXISTING PROPOSED Related Case File No(s): GPA 06-08/ LCPA 06-08/ PUD 05-1 9/ HDP 05-12/ V 07-03/ HMP 07-04/MS 05-29 Zoning Designation Changes Property A. |206-200-01 From: R-1-15,000 To: R-1-15,000/OS SITE MAP NOT TO SCALE Adams Street Subdivision GPA 06-08 / ZC 06-07 / LCPA 06-08 EXHIBIT 4 1 PLANNING COMMISSION RESOLUTION NO. 6474 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 AND MITIGATION MONITORING AND REPORTING PROGRAM TO ALLOW FOR THE SUBDIVISION, GRADING AND DEVELOPMENT OF A 1.08-ACRE SITE INTO TWO (2) 6 RESIDENTIAL PARCELS, ONE (1) COMMON AREA PARCEL, AND ONE (1) OPEN SPACE PARCEL; AND THE 7 CONSTRUCTION OF TWO SINGLE-FAMILY RESIDENCES ON PROPERTY GENERALLY LOCATED ON THE SOUTH 8 SIDE OF ADAMS STREET ALONG THE NORTH SHORE OF 0 THE AGUA HEDIONDA LAGOON BETWEEN HIGHLAND DRIVE AND PARK DRIVE WITHIN THE AGUA HEDIONDA 10 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. 1 CASE NAME: ADAMS STREET SUBDIVISION CASE NO.: GPA 06-08/ZC 06-07/LCPA 06-08/PUD 12 05-19/HDP05-12/V07-03/HMP07-04/ 13 MS 05-29 14 WHEREAS, Planning Systems, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Benjamin & Eunice Medina, and 16 David Graham, "Owner," described as 17 The southeasterly 127.0 feet measured at right angles of Lot 5 18 and that portion of Lot 6, in Block "D" of Bella Vista, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 2152, filed in the Office of the 20 County Recorder of said San Diego County, March 7, 1929, lying westerly of a line and the prolongations thereof that is 21 drawn parallel with and distant 300 feet westerly measured at right angles from the easterly line of Lot 6 23 ("the Property"); and 24 WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and 25 Reporting Program was prepared in conjunction with said project; and 26 WHEREAS, the Planning Commission did on October 1, 2008, hold a duly 27 noticed public hearing as prescribed by law to consider said request; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors 2 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 3 Proram. 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 5 Commission as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Planning 9 Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit 10 "MND," according to Exhibits "Notice of Intent (NOI)," and "Environmental Impact Assessment Form - Initial Study (EIA)," attached hereto and made a part hereof, based on the following findings: Findings: 13 1. The Planning Commission of the City of Carlsbad does hereby find: 14 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the ADAMS 16 STREET SUBDIVISION - GPA 06-08, ZC 06-07, LCPA 06-08, PUD 05-19, HDP 05-12, V 07-03, HMP 07-04, and MS 05-29, the environmental impacts 17 therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and 18 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California 2Q Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 21 c. it reflects the independent judgment of the Planning Commission of the City of 22 Carlsbad; and 23 d. based on the EIA Part II and comments thereon, there is no substantial evidence 24 the project will have a significant effect on the environment. 25 Conditions: 1. Developer shall implement, or cause the implementation of, the ADAMS STREET 2? SUBDIVISION - GPA 06-08/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07- 03/HMP 07-04/MS 05-29 Project Mitigation Monitoring and Reporting Program. 28 PC RESO NO. 6474 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on October 1, 2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Dominguez, and Chairperson Whitton ABSENT: Commissioners Douglas and Montgomery ABSTAIN: <RANKH. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Planning Director PCRESONO. 6474 -3- rlsb CASE NAME: CASE NO: l3£i^^ NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Adams Street Subdivision GPA 06-08/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07- 03/HMP 07-04/MS 05-29 PROJECT LOCATION:The project is located on the northern shore of Agua Hedionda Lagoon and on the south side of Adams Street between Highland Drive and Park Drive. PROJECT DESCRIPTION: The proposed project involves a General Plan Amendment (GPA), Zone Change (ZC), Local Coastal Program Amendment (LCPA), Planned Development Permit (PUD), Hillside Development Permit (HDP), Variance (V), Habitat Management Plan Permit (HMP), and Minor Subdivision Map (MS) to allow for the subdivision and development of a 1.08 acre parcel (206-200-01) located on Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive. The parcel will be subdivided into four (4) separate lots. Lot 1 is approximately 0.16 acres in size and will contain a two-story custom home. Lot 2 is approximately 0.22 acres in size and will also contain a two-story custom home. Lot 3 is approximately 0.60 acres in size and will remain in open space. Lot 4 is approximately 0.10 acres in size and will be developed as a common area lot (driveway and parking area) for.-the two proposed residences. A pedestrian trail is proposed along the lagoon edge in accordance with the Agua Hedionda Lagoon Segment of the Local Coastal Program. The existing parcel is zoned R-l-15,000 (One-Family Residential with 15,000 square foot minimum lot size). The current General Plan Land Use designation is RLM (Residential Low- Medium Density, 0-4 du/ac). No change is proposed to either Zoning or the General Plan for the-- areas within Lots 1, 2, and 4. However, for Lot 3 a Zone Change, General Plan Amendment, and Local Coastal Program Amendment is proposed to change from R-15,000 to Open Space (OS) and RLM to OS respectively. A public pedestrian trail (8-ft. wide) will be installed along the southern edge of the property in accordance with the Agua Hedionda Segment of the Local Coastal Program. The parcel is currently undeveloped and contains both coastal California Gnatcatcher occupied Coastal Sage Scrub and Non-native Grassland vegetation. The areas chosen for development have been clustered on the least environmentally sensitive portion of the site. The site is located within Local Facilities Management Plan (LFMP) Zone 1 in the northwest quadrant of the City of Carlsbad. Surrounding properties include single-family development to the north and east, Agua Hedionda Lagoon to the south and vacant properties to the west. The site is topographically sloping down from Adams Street along the north frontage, to the south property line which is along the north shore of Agua Hedionda Lagoon. Slopes range from 1635 Faraday Avenue » Carlsbad, CA 92008-7314 • (760) 602-4600 « FAX (760) 602-8559 • www.ci.carlsbad.ca.us mild (5%) to steep (in excess of 40%). The steepest portions of the site are closest to the Agua Hedionda Lagoon, which contains coastal sage scrub vegetation. Because the property is located within the Agua Hedionda Segment of the Local Coastal Program of the California Coastal Zone, the California Coastal Commission (CCC) is the agency charged with issuance of a Coastal Development Permit for this project. 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 (ElA 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 Jason Goff in the Planning Department at (760) 602-4643. PUBLIC REVIEW PERIOD February 26. 2008 through March 27, 2008 PUBLISH DATE February 26. 2008 ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY CASE NO: GPA 06-08/ZC 06-07/LCPA 06-08/PUD 05-19/ HDP 05-12/V 07-03//HMP 07-0.4/MS 05-29 DATE: February 11. 2008 BACKGROUND 1. CASE NAME: Adams Street Subdivision 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 1 3. CONTACT PERSON AND PHONE NUMBER: Jason Goff- (760') 602-4643 4. PROJECT LOCATION: The project is located on the northern shore of Agua Hedionda Lagoon and on the south side of Adams Street between Highland Drive and Park Drive. 5. PROJECT SPONSOR'S NAME AND ADDRESS: Planning Systems. 1530 Faraday Ave #100. Carlsbad. CA 92008 6. GENERAL PLAN DESIGNATION: RLM (Residential Low-Medium Density, 0-4 du/ac) 7. ZONING: One Family Residential (R-l) : • 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): California Coastal Commission 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The proposed project involves a General Plan Amendment (GPA), Zone Change (ZC), Local Coastal Program Amendment (LCPA), Planned Development Permit (PUD), Hillside Development Permit (HDP), Variance (V), Habitat Management Plan Permit (HMP), and Minor Subdivision Map (MS) to allow for the subdivision and development of a 1.08 acre parcel (206- 200-01) located on Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive. The parcel will be subdivided into four (4) separate lots. Lot 1 is approximately 0.16 acres in size and will contain a two-story custom home. Lot 2 is approximately 0.22 acres in size and will also contain a two-story custom home. Lot 3 is approximately 0.60 acres in size and will remain in open space. Lot 4 is approximately 0.10 acres in size and will be developed as a common area lot (driveway and parking area) for the two proposed residences. A pedestrian trail is proposed along the lagoon edge in accordance with the Agua Hedionda Lagoon Segment of the Local Coastal Program. The existing parcel is zoned R-l-15,000 (One-Family Residential with 15,000 square foot minimum lot size). The current General Plan Land Use designation is RLM (Residential Low- Medium Density, 0-4 du/ac). No change is proposed to either Zoning or the General Plan for the areas within Lots 1, 2, and 4. However, for Lot 3 a Zone Change, General Plan Amendment, and Local Coastal Program Amendment is proposed to change from R-l 5,000 to Open Space (OS) and RLM to OS respectively. A public pedestrian trail (8-ft. wide) will be installed along the GPA 06-vtf/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-1'2/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision southern edge of the property in accordance with the Agua Hedionda Segment of the Local Coastal Program. The parcel is currently undeveloped and contains both coastal California Gnatcatcher occupied Coastal Sage Scrub and Non-native Grassland vegetation. The areas chosen for development have been clustered on the least environmentally sensitive portion of the site. The site is located within Local. Facilities Management Plan (LFMP) Zone 1 in the northwest quadrant of the City of Carlsbad. Surrounding properties include single-family development to the north and east, Agua Hedionda Lagoon to the south and vacant properties to the west. The site is topographically sloping down from Adams Street along the north frontage, to the south property line which is along the north shore of Agua Hedionda Lagoon. SISpes range from mild (5%) to steep (in excess of 40%). The steepest portions of the site are closest to the Agua Hedionda Lagoon, which contains coastal sage scrub vegetation. Because the property is located within the Agua Hedionda Segment of the Local Coastal Program of the California Coastal Zone, the California Coastal Commission (CCC) is the agency charged with issuance of a Coastal Development Permit for this project. Rev. 01/02/07 GPA 06-u8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-1'2/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision 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 /\ Cultural Resources Geology/Soils Noise Hazards/Hazardous Materials LJ Population and Housing Hydrology/Water Quality Land Use and Planning Mineral Resources Mandatory Findings of Significance Public Services Recreation Transportation/Circulation Utilities & Service Systems Rev. 01/02/07 GPA 06-uS/ZC 06-07/LCPA 06-08/PUD'05-19/HDP 05-1'2/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision DETERMINATION. (To be completed by the Lead Agency) 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 2-//-Qg" Planning Director's Signature Date 4 Rev. 01/02/07 GPA 06-uS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-1'2/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapters, 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 wifen 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. 01/02/07 GPA 06-u8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision • 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. 01/02/07 GPA 06-oS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) Less Than Significant Impact. The subject site is located on Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive. Lagoon and ocean views are available from the project site, and likewise, the site is visible from across the lagoon on the south side and from the Interstate 5 freeway. The project will be visible primarily from pedestrians and motorists traveling on Adams Street and from persons viewing the site from across the lagoon. Views from the north along Adams Street will be protected by limiting the building heights within the development. No building heights will be greater than the grade of the surface of Adams Street, which is consistent with the heights of other buildings constructed within the same area. The proposed project will not significantly impact the viewshed from either the surrounding housing, from Adams Street or from across the lagoon. Temporary impacts associated with construction of the project will not be significant. The project will not have a substantially adverse impact on any scenic vistas. b) No Impact. No trees or rock outcroppings will be impacted by the proposed project. No buildings, including historic buildings, are located in or adjacent to the site. The area of proposed impact is not located within the viewshed of a State scenic highway or any State highway that is designated by CalTrans as eligible for listing as a scenic highway. No impact is assessed. c) Less Than Significant Impact. The existing visual character of the site is that of an undeveloped parcel, surrounded by additional undeveloped parcels and single-family homes. Annual non-native grassland and coastal sage scrub vegetation habitats presently occur onsite. Permanent visual impacts of the proposed project will involve the construction of two houses. Temporary -impacts associated with construction will be short-term and not significant. Over half of the proposed project site will remain in open space. Therefore, it is concluded that the project will not substantially degrade the existing visual character or quality of the site and its surroundings. Please also refer to response I(a),-above. d) Less Than Significant Impact. The subject site contains no lights and produces no glare at the present time. However, the proposed project will change the appearance of the subject site from an undeveloped parcel to a developed site with two new single-family homes. Light and glare from the proposed project is not anticipated to be significantly greater than that projected from other similar uses within the surrounding area. The proposed development modifications will involve an increase in urban appearance, but will not be dissimilar from the existing uses along Adams Street. This increase should not result in significant new sources of light and glare, and will not significantly impact overall views to and from the site. Rev. 01/02/07 r GPA 06-u8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-I2/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision 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 a-c) No Impact. The property does not contain prime farmland, unique farmland or farmland of statewide importance. The site has not been historically or currently used for farmland. The proposed project is consistent with the Residential Low-Medium Density (RLM) General Plan Land Use designation, which anticipates and allows for single-family residential development. The subject site is zoned for single-family residential land uses and is not encumbered by any Williamson Act contracts. The project would not result in other changes to the environment that would result in the conversion of farmland to non-agricultural uses. Given the steep slopes of the property, surrounding residential development, and lack of existing or historical agricultural infrastructure, it is unlikely that agricultural operations would be viable at this location. Development of the site as proposed would not adversely affect agricultural resources. No impact assessed. Rev. 01/02/07 GPA 06-uS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following 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 a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (O3) and for particulate matter less than or equal to 10 microns in diameter (PMi0). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be Undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other-California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. 'If a proposed project is consistent with its applicable,General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California 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 arid TCM plan set Rev. 01/02/07 GPA 06-u8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP OS-l'2/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision 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. No Impact is assessed. 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. Jefferson Elementary is located approximately % of a mile to the northwest, and Kelly Elementary is located approximately Vt of a mile to the east. 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. No impact is assessed. 10 Rev. 01/02/07 ' •'( GPA 06-uS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision 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, filling, 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 Less Than Mitigation Significant No Incorporated Impact Impact a, b, & f) Potentially Significant Unless Mitigation. The project site is located along the north shore of the Agua Hedionda Lagoon and is identified in the City of Carlsbad's Habitat Management Plan (HMP) as developable. The surrounding environment includes Adams Street and single-family development to the north, Agua Hedionda Lagoon to the south, an existing single-family home to the east, and a vacant parcel to the west. The HMP identifies Agua Hedionda Lagoon as an Existing Hardline Preserve Area, the adjacent vacant parcel to the west as a Standards Area, and the subject property as a Development Area. The HMP conservation goals require conservation of the majority of sensitive habitats in or contiguous with biological core areas, including,a no net loss of wetland habitat, and preservation of coastal sage scrub and maritime succulent scrub adjacent to lagoons. The HMP requires additional conservation standards to be applied to properties within the Coastal Zone. The HMP requires a 100-foot buffer from wetlands, and also a 20-foot buffer for all other native habitats (i.e., coastal sage scrub) between preserved habitats and development. The HMP requires preservation of 67% the Coastal Sage Scrub (CSS) onsite, with a "no net loss" of CSS within the Coastal Zone. Project impacts to occupied CSS require a 2:1 mitigation ratio 11 Rev. 01/02/07 GPA 06-uS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision with a minimum 1:1 creation component that achieves the "no net loss" standard. Onsite preservation is not eligible for mitigation credit in the coastal zone. A Preliminary Biological Assessment was prepared by Planning Systems on May 9, 2007. According to the report, the site contains four vegetative communities: Coastal Sage Scrub (CSS), Non-native Grassland (NNG), wetland (Open Water/Rocky Beach), and Disturbed. The proposed project, including the development of a pedestrian/bicycle trail per the Agua Hedionda Lagoon Segment of the Local Coastal Program, will result in impacts to CSS, NNG and disturbed habitat areas as illustrated in the table below. No impacts will occur to the wetland habitat located along the terrestrial margins of the lagoon. The subject site is identified, as Developable Area, in the HMP; however mitigation-is required for impacts to sensitive habitats. Table 11 (Pg. D-113) of the HMP identifies mitigation ratios for impacts to habitats identified as sensitive in the HMP. The HMP allows impacts to NNG and disturbed habitat areas to be mitigated through the payment of an in-lieu mitigation fee. 1 -*.'* The following tables summarize impacts to vegetation types and identify proposed mitigation as presented in Planning System's biological assessment: VEGETATION IMPACTS HABITAT Group A - Wetland (Open Water/Rocky Beach) Group C - Gnatcatcher Occupied Coastal Sage Scrub Group E - Annual (Non-Native) Grasslands Group F — Disturbed Lands Totals ACRE(S) 0.01 0.84 0.28 0.02 1.15* . IMPACTS 0.00 0.27 0.25 0.02 0.53 Total project acreage = Lot + R.O.W. + Off-site Road Improvements (1.08 + 0.06 + 0.01 = 1.15 acres) PROPOSED MITIGATION FOR IMPACTS TO VEGETATION COMMUNITIES VEGETATION COMMUNITY Wetland (Open Water/Rocky Beach) Occupied Coastal Sage Scrub** Annual (Non-Native) Grassland*** Disturbed Totals EXISTING ACREAGE 0.01 .0.84 0.28 0.02 1.15 IMPACTED ACREAGE 0.00 0.27 (33%) .0.25 0.02 0.53 MITIGATION RATIO - 2:1 In-lieu fee for Habitat Group- E In-lieu fee for Habitat Group F MITIGATION REQUIREMENT No Impact 0.57 acres (67%) will be preserved onsite as Open Space (Lot 3) 0.54 acres of offsite CSS creation or acquisition/preservation within the Coastal Zone is required. In-lieu fee In-lieu fee ** Coastal Sage Scrub is assumed to be occupied. See discussion below. *** Any remaining NNG (0.03 acres) will be revegetated with a higher value habitat type such as CSS. Sensitive Plant Species According to the preliminary biological assessment, no sensitive plant species listed by the United States Fish & Wildlife Service (USFWS), California Department of Fish & Game (CDFG), or the HMP were observed onsite. A listing of the sensitive plant species with a "potential to occur" on the property was prepared. The Del Mar Mesa Sand Aster (Corethrogyne filaginifolia var. linifolid) is the only species listed in the report as having a high potential 12 Rev. 01/02/07 GPA Ofc-uS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision for occurrence onsite. The site was intensively searched and determined not to be present. The majority of other sensitive plant species listed in the report are identified as having a low potential to occur onsite. In addition to the USFWS, CDFG, and HMP listed sensitive plant species, two species listed on the California Native Plant Society Inventory of Rare and Endangered Plants were observed onsite outside of the area proposed for development in close proximity to the lagoon edge. These two plants are Spineshrub (Adophia californicd), colonizing the slopes just above the 'flat bench near the lagoon edge, and Southwestern spiny rush (Juncas acutus ssp. Leopoldii), occurring on the bench just above the lagoon water surface. These plant species are located in an area outside of development, which as part of this project is being preserved in Open Space. Sensitive Wildlife Species According to the preliminary biological assessment, no species listed as threatened or endangered by the state and federal resource agencies were observed or are expected to exist onsite, other then the federally-listed threatened California gnatcatcher (CAGN). A focused survey for the CAGN was prepared by Lincer & Associates dated November 22, 2006. Three surveys of the site were conducted in accordance with the USFWS guidelines. During one of three surveys (October 20, 2006), three CAGN were observed on the site, and also on the adjacent vacant site to the west. The CAGN were observed briefly foraging in the middle of the subject site and along the lagoon shoreline. According to the report, the fact that the birds were only observed once during three visits to the site, and given the quality of the adjacent habitat, suggests that the CAGN are spending a substantial amount of time off of the subject'parcel and on the adjacent undeveloped lots that still support CSS. Impacts to CAGN will be mitigated by: 1) clustering development on the least environmentally sensitive portion of the site; 2) preservation of up to 67% (0.57 acres) of the CSS onsite; 3) creation, acquisition/preservation of up to 0.54 acres of CSS offsite, but within the Coastal Zone; 4) managing the preserve areas to minimize edge effects, control predators, and restrict human disturbance; 5) eliminate any requirements of fire management in the preserve area by utilizing fire rated construction for homes; and 6) where opportunities arise, restore any remaining NNG areas within the project area with CSS. A preserve management program will be included in the long-term management and maintenance plan for the preserved open space. In addition, to protect CAGN breeding, mitigation measures are proposed that would prohibit clearing, grubbing, grading or other construction activities in the CSS 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 of CSS. Sensitive Wetland habitat The preliminary biological assessment identifies approximately 0.01 acres of open water/rocky beach area on the subject site along the terrestrial margins of the Agua Hedionda Lagoon, which support wetland habitats. To identify potential "waters of the United States" and jurisdictional wetlands subject to regulation by the United States Army Corps of Engineers (USACE), CDFG, the Regional Water Quality Control Board (RWQCB) and the California Coastal Commission (CCC), the report references a wetland delineation study that was prepared by Dudek & Associates in 1998 and 2001 for the North Agua Hedionda Interceptor Western Segment Sewer Maintenance Project. This jurisdictional wetlands delineation included the southern edge of the subject property. According to the wetland delineation study, the wetland boundary follows the 5 foot above mean sea level (MSL) contour along the southern edge of the subject property. A survey of the property above the 5 foot contour resulted in no observation of the standard wetland indicators (hydric soils, wetland hydrology, or wetland plants). No incised channels that would constitute non-wetland jurisdictional areas were observed. Based on these observations, it is determined that all jurisdictional and non-jurisdictional wetland areas are confined to the area below the 5 foot contour onsite. The FIMP Zone 1 conservation goals require a no net loss of wetland habitat. To mitigate any potential impact to the wetland area, the project has been designed in accordance with the HMP to provide a 100 foot buffer between the wetland habitat area and project development. Since the project does not encroach into any of this area, combined with the requirement of a 100 foot wetland buffer, there are no project related impacts to wetlands. 13 Rev. 01/02/07 GPA 06-uS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-'l2/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision Indirect Impacts The project site is located adjacent to the Agua Hedionda Lagoon, which is an existing HMP Hardline Preserve area. In order to minimize edge effects, the following adjacency standards have been incorporated into the project as mitigation to reduce indirect impacts to a level considered less than significant: 1. Fire Management: Fire Management between habitable structures and natural habitats must accomplish two objectives: (1) protection of the biological resource, and (2) a satisfactory level of protection for humans and property. The project addresses and complies with this standard by enacting multiple fire management techniques as determined in consultation with the Carlsbad Fire Department. The brush management zones have been eliminated in acknowledgement of the extensive use of fire retardant building materials and design, per Carlsbad Fire Department requirements. The following will serve to achieve fire management objectives that will be equivalent to a 60 foot wide fire suppression zone: a) No exposed wood throughout the project, including gates, fences, decks, etc. b) Interior fire sprinklers in both residences. c) Class A roof with no vents on the westerly side of either home. d) Parking areas and driveways are sited to allow for adequate fire department access. e) Elimination of the brush management zones allows for maximum preservation of the biological resources. 2. Erosion Control: To prevent the loss of vegetative cover and address slope stabilization, the project developer 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. The project developer shall also ensure that all areas of habitat creation are planted with appropriate landscaping and adequately stabilized (e.g. with a binder) after planting to minimize surface erosion. Finally, the project developer shall ensure that no new surface drainage is directed into the HMP Preserve. 3. Landscaping Restrictions: In response to the biological objectives of preserve areas, the project developer will restrict the use of landscape materials in the following ways: a) No invasive, exotic plant species as per the California Invasive Plant Council (Cal-Ipc) will be used in any landscaping areas within the project site! b) Runoff from the landscaped areas within the project site will not be allowed to enter the preserve areas. All runoff will remain within landscaped areas or be filtered through appropriate storm drain facilities. c) Genetic contamination will be avoided by keeping areas landscaped with approved plants. No plants that may run the risk of cross breeding with nearby native plants will be used. 4. Fencing. Signs and Lighting: Use of fencing, signs, and lighting can assist in protecting sensitive biological resources, and also educate the public as to appropriate_use and enjoyment of natural resources. The project will utilize these tools in the following ways: a) Preserve areas will be properly fenced to prevent direct human access from Lots 1, 2, and 4, yet still allow sensitive species to migrate within the entire preserve system. b) All preserve areas will be properly labeled with signs to identify the preserve area. Signs will be limited enough to prevent disturbance to sensitive species. c) Project lighting will remain sensitive to nearby preserve areas. Spillover of light will be limited by shielding light from the buildings to prevent disturbance to sensitive species. 5. Predator and Exotic Species Control: The project includes two single-family homes. A very small introduction of domestic pets is expected to occur within the project area. The homeowners will be made aware of the dangers of letting domestic pets encroach into the preserve area. For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the existing HMP Preserve. The use of invasive exotic plant species as listed in the HMP will be avoided. c) Less Than Significant Impact. Please see the discussion above under Sensitive Wetland Habitats. 14 Rev. 01/02/07 GPA 06-vjS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-L?/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision d) Less than Significant Impact. Construction of the proposed project is not expected to significantly impede local wildlife movement or migratory fish or wildlife movement because the subject area has not been identified by the HMP as a connectivity link or Core Area to be preserved. Although the site is adjacent to the Agua Hedionda Lagoon wildlife corridor, it is not identified by.the HMP as an existing or proposed Hardline Preserve Area. The southerly portion of the properly that is adjacent to the Agua Hedionda Lagoon habitat corridor will remain in natural open space with the exception of a required public trail, which should not result in a significant impact to this corridor. With the approval of this project, the HMP Hardline boundary will be modified to include this property (Open Space Lot 3) e) No Impact. The City of Carlsbad has no adopted tree preservation policy or ordinance which would affect the subject project The subject project will not impact trees or other biological resources protected by such policy or ordinance except as otherwise described above. No trees exist on the subject site, therefore no impact is assessed. 15 Rev. 01/02/07 GPA 06-07/LCPA 06-08/PUD 05-19/HDP 05-i2/V 07-03/HMP 07-04/MS 05-29 Adams -Street Subdivision 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? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a, b & d) Potentially Significant Unless Mitigation Incorporated. A Phase I Archaeological Assessment was prepared for the site by Brian F. Smith and Associates on November 9, 2006. The assessment program was conducted in accordance with CEQA to determine the presence of any archaeological or historical cultural resources that could be affected by the proposed project. Record searches of both the Native American Heritage Commission (NAHC), and also the-South Coastal.Information Center (SCIC) at San Diego State University were conducted. Records searches of the SCIC revealed 25 previously recorded archeological sites and one isolated artifact located within a one-mile radius of the project area. The majority of the sites represent prehistoric resource processing and maintenance sites for marine and lithic resources. However, several of the sites were described as camp or habitation sites, which included fire-cracked rock and groundstone implements. According to the report, the project site is located in its entirety within the southern portion of Site SDI-13,701. Within the project site, SDI-13,701 is characterized by surface scatter of marine shell, a major food source for prehistoric inhabitants of the area. A field survey of the site was conducted, and the evidence gathered from the testing program indicates that the project area, which is a small component of SDI-13,701, does not represent a significant subsurface deposit. The survey resulted in the determination that no additional cultural resources are located within the project area. Due to the disturbed and sloping condition of the property and narrow breadth of material recovery, the portion of SDI-13,701 located within the current project area is considered as lacking research potential,-and is not considered to be significant according to CEQA. While the proposed project will affect SDI-13,701, its impacts are not considered to be significantly adverse. A request was also made to the NAHC for a search of the Sacred Land Files to determine if the proposed project would affect any known Native American cultural resources. The NAHC indicated the presence of Native American cultural resources in the immediate project area that may be impacted by the project, and requested that Mark Mojado of the San Luis Rey Band of Mission Indians be contacted. As suggested, a request for information regarding Native American cultural resources on or near the proposed project site, was sent directly to each of the following individuals on September 15, 2006: Mark Mojado, Carmen Mojado, Russell Romo, and Henry Contreras of the San Luis Rey Band of Mission Indians; Robert Smith of the Pala Band of Mission Indians; Shasta Gaughen at the Cupa Cultural Center (Pala Band), and Bennae Calac, Cultural Resource Coordinator for the Pauma & Yuima. The only correspondence that was received back was from Ms. Gaughen dated September 19, 2006, indicating no impacts to the Pala Band of Mission Indians. No other correspondence was received from Mark Mojado or other members of the San Luis Rey Band of Mission Indians. However, as part of compliance with SB-18, the California 16 Rev. 01/02/07 GPA Oo-v>8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-t//V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision Indian Legal Services, who represents the San Luis Rey Band of Mission Indians, did respond in a letter dated January 15, 2008 requesting that a formal pre-excavation agreement be made a mandatory requirement prior to issuance of any grading permits to formalize the treatment of any- human remains and cultural items that could be found on the site, and to request that tribal monitors be required onsite in addition to the archaeological monitors during all grading and ground disturbing activities. To mitigate possible impacts to any unforeseen cultural resources, it is required that archaeological monitoring by a qualified archaeologist occur during all ground disturbing activities in order to ensure that any unknown resources are not lost. In the event that any cultural resources, concentrations of artifacts, or culturally modified soil deposits are discovered within the project at any time during construction, it is required that all work be halted and the discovery be evaluated by a qualified archeologist. If any deposits are evaluated and determined to be significant, further mitigation measures may be required. Implementation of the mitigation measures recommended in the Phase I Archeological Assessment and a pre-excavation agreement with the San Luis Rey Band df Mission Indians will reduce project associated impacts to a level of less than significant. c) Potentially Significant Unless Mitigation Incorporated. A Paleontological Resource & Monitoring Assessment was prepared for the site by Brian F. Smith and Associates on September 13, 2006. According to the report, the basement rocks in the area of the site are mapped as the middle Eocene (~ 38 to 48 million year old) Santiago Formation, which'is known to contain a variety of lithologies, including ones derived from marine, estuarine, and terrestrial environments. Paleontological collections and records of the Department of Paleontology at San Diego Natural History Museum in San Diego were reviewed to determine if any previously recorded fossil localities exist within the project boundaries. It was determined that no previously recorded fossil localities exist within the project boundaries; however numerous fossil localities have been discovered within a mile distance of the site, all of which were discovered within the Santiago Formation. Because of the "high paleontological resource sensitivity" of the middle Eocene Santiago Formation and of the Pleistocene marine terrace sediments, the report recommends full-time paleontological monitoring of the mass grading and excavation activities by a qualified paleontologist. A mitigation program_which involves the review of the grading plans and full time attendance of a paleontologist during the grading operation, with the authority to direct grading in order to salvage and curate resources, will mitigate impacts to a less than significant level. Areas left in a natural state will further mitigate impacts to the paleontological resources. 17 Rev. 01/02/07 GPA Ot>-v,S/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-i/TV 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision 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 - UB of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated . Less Than Significant No Impact Impact D D D 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. No impact assessed.- a.ii.-a.iii. & c) 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 potential earthquakes resulting from these faults could affect Carlsbad. A Preliminary Geotechnical Evaluation of the site was prepared by GeoSoils, Inc. on September 28, 2006 (W.O. 5241-A-SC). The reports identified the site as having a relatively low risk of exposure to seismic hazards and a very low risk of liquefaction: Earth materials encountered onsite consist predominately of undocumented artificial fill and colluvium/topsoil underlain by Tertiary-age Santiago Formation. In areas proposed 18 Rev. 01/02/07 f [. GPA 06-^S/ZC 06-07/LCPA 06-08/PUD 05-19/HDP Q5-U/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision for settlement-sensitive improvements, removal of undocumented artificial fill, colluvium, and the upper 1 to 2 feet of weathered formational materials will be necessary prior to fill placement. By following the recommendations contained within the referenced reports; the site is suitable for the proposed project, and will not expose people or structures to geotechnical related hazards. a.iv.) No Impact. According to the Preliminary Geotechnical Evaluation, no adverse geologic structures (i.e. active faults, fractures, significant landslides, etc.) that would preclude project, feasibility were encountered on the site. b) Less Than Significant Impact. The subject property is an undeveloped parcel. During the finish grading, the exposure of soils would lead to an increased chance for the erosion of soils from the site. Such grading will follow best management practices for the control of erosion, such as straw bale or sandbag barriers, silt fences, slope roughening, and outlet protection in exposed areas. Finished grades will be promptly hydroseeded or otherwise protected as required per the adopted City Grading Ordinance. If necessary, temporary sl'ope cover such as jute matting or mulch will be applied to newly graded slopes to reduce the impact to soil erosion or the loss of topsoil to a level of less than significant. d) Less Than Significant Impact. The Preliminary Geotechnical Evaluation indicates that existing artificial fill and colluvium/topsoil materials will require removal and re-compaction in accordance with the recommendations of the reports. Onsite soils are considered to be very low to medium 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 from a geotechnical viewpoint, provided the recommendations presented in the report are properly incorporated into the design and construction of the project. Standard conditions of approval require implementation of the recommendations included in the Geotechnical Report. Therefore, impacts are considered to be less than significant. 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. No impact assessed. 19 Rev. 01/02/07 GPA Oo-v>8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-^/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two ' miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact IE! IEI a-b) Less Than Significant Impact. The project consists of grading operation and construction activity for the development of two single-family homes. During the construction phase of the proposed project, construction equipment and materials that are typically associated with land development (i.e. petroleum products, paint, oils and solvents) will be transported and used onsite. Upon completion of construction of the project, some use of hazardous cleaning products on the site may occur. Other than during this construction phase, the project will not routinely utilize hazardous substances or materials. The site currently displays no evidence of chemical surface 20 Rev. 01/02/07 GPA Ob-v/8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-u/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision staining, or hazardous materials/waste and/or petroleum contamination. All transport, handling, use, and disposal of any cleaning substances will comply with all federal, state, and local laws regulating the management and use of such materials. No extraordinary risk of accidental explosion or the release of hazardous substances is anticipated with construction, development, and implementation or operation of the proposed project. It is concluded that the routine amount of hazardous materials utilized during the construction period is not significant, and therefore the impact to the public or the environment through the routine transport, use, or disposal of hazardous materials is considered to be less that significant.' c) No Impact. The nearest schools to the site are Jefferson Elementary, located approximately 3/4 of a mile to the northwest, and Kelly Elementary, located approximately 3A of a mile to the east. Because the site is not located within one-quarter mile of an existing or proposed school, no significant impact is anticipated. d) No Impact. The subject property is not included on any lists or registry of sites containing hazardous materials, and has no known previous use history that would involve the use or storage of hazardous materials. No impact is assessed. e) No Impact. The subject site is located approximately 2 miles northwest of the McClellan-Palomar Airport runway. Because the site is located well outside of the McClellan-Palomar Airport Area of Influence, it is concluded that the site will not cause a safety hazard for people residing or working within the project area. No impact is assessed. f) No Impact. No private airstrip exists within the vicinity of the subject project. No impact is assessed. g) No Impact. The proposed project involves development of an undeveloped parcel. The project is located directly adjacent to Adams Street. Neither construction nor the operation of the proposed project facilities will significantly affect, block, or interfere with traffic on public streets, including any streets that would be used for an emergency response plan or emergency evacuation plan. No emergency response or evacuation plan directs evacuees through the project site, and no improvements are proposed by the project in any area which would physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact is assessed. h) Potentially Significant Unless Mitigation Incorporated. The proposed project site currently consists of an undeveloped parcel with urban development to the north and east. Adjacent to the proposed homes on the south and west sides of the site is an area of coastal sage scrub, which is to remain in open space as part of the project and may be susceptible to fire. An alternative Fire Suppression Plan for the project site has been included as part of the project, which eliminates the requirement of a typical 60 foot wide fire suppression zone. However, the project will enact multiple fire management techniques as determined in consultation with the Carlsbad Fire Department. The brush management zones have been eliminated in acknowledgement of the extensive use of fire retardant building materials and design, per Carlsbad Fire Department requirements. The following (i.e., no exposed wood throughout the project, including gates, fences, decks, etc., the requirement of interior fire sprinklers in both residences, a. Class A roof with no vents on the westerly side of either home, and parking areas and driveways sited to allow for adequate fire department access) will further serve to achieve fire management objectives that will be equivalent to a 60 foot wide fire suppression zone. As a result of the proposed mitigation, the project is not anticipated to result in any significant additional exposure to wildfire risk. 21 Rev. 01/02/07 f GPA 06-u8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iz/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact Kl [xl 22 Rev. 01/02/07 GPA 06^8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-1//V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision 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? n) Increase any pollutant to an already impaired water body as listed on the Clean Water 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 obje9tives or degradation of beneficial uses? a) Less Than Significant Impact. Federal, state and local agencies have established goals and objectives for storm water quality in the region. The proposed project prior to the start of construction, will comply with all federal, state and local permits including the Stormwater Management Plan (SWMP) required under the County of San Diego Watershed Protection, Stormwater Management, and Discharge Control Ordinance (WPO) (Section 67.871), the City of CaVlsbad's Standard Urban Storm Water Mitigation Plan, and the National Pollution Discharge Elimination System (NPDES) from the Regional Water Quality Control Board (RWQCB). The project will develop and implement specific erosion control and Storm Water Management plans to protect the downstream water quality of Agua Hedionda Lagoon. These plans will ensure that acceptable water quality standards will be maintained both during construction 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 that are adjacent to the site. Ground water is projected to be more than 40 feet deep and therefore quality will not be impacted by the development. No impact assessed. c-e) Less Than Significant Impact. Grading of the site will be limited to approximately 0.33 acres of the 1.OS-acre site, with over 70% of the site remaining as undeveloped open space. No streams or rivers are present on the site. Project grading is designed to match the historical drainage pattern of the site, with exception of grading for the footprint of the homes, driveway and yard areas. To the maximum extent practicable, patios, rooftop drains, rain gutters and other impervious surfaces will be routed through vegetated bio-swales, inlet filters, pervious pavers and infiltration trenches before entering the storm water conveyance system as indicated in the project's Preliminary Storm Water Management Plan (SWMP). by O'Day Consultants, dated December 10, 2007. Concrete patios will be constructed of pervious pavement in order to reduce flow from the site. The total post development runoff discharging from the site will not significantly exceed the pre-development amounts. Therefore, the project will not violate any water quality standards, deplete groundwater supplies or quality, substantially alter existing drainage patterns, cause substantial erosion or flooding, or significantly impact the capacity of Stormwater drainage systems. f) Less Than Significant Impact. Construction of the proposed project improvements will comply with all federal, state and local water quality regulations, including the Clean Water Act and associated NPDES regulations. A grading permit is required for the project prior to commencement of grading, which requires review and approval of 23 Rev. 01/02/07 • ( C GPA 06-vjS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-i2/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision an erosion control plan. The erosion control plan will employ grading construction BMP's which will reduce temporary impacts on water quality. In addition, a Preliminary Storm Water Management Plan (SWMP) was prepared for the project by O'Day Consultants, dated December 10, 2007. Through implementation of the recommended site design and source control BMP's, post construction impacts to water quality will be mitigated. Therefore, the project will not result in permanent or long term degradation of water quality and impacts are considered to be less than significant. g-i) No Impact. The project site is located within a 100-year flood hazard area according to the Flood Insurance Rate Map. Map No. 06Q73C0764. June 19. 1997. However, the proposed project will not alter the grading or result in the placement of housing or structures within a 100-year flood hazard area. According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. Catastrophic Dam Failure Inundation. Tsunami and Seiche Hazard Zone Maps, September 1992, .the project site is not located within any dam failure inundation area. No impact assessed. j) Less Than Significant Impact. According to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, Catastrophic Dam Failure Inundation. Tsunami and Seiche Hazard Zone Maps. September 1992. and based on historical events, and the generally accepted and favorable geologic and seismic conditions along the San Diego County Coastline, potential for damage to the project site caused by tsunamis or seiche is considered to be low. k) Less Than Significant Impact. The construction phase of the project could result in increased erosion. However, as a result of the NPDES 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 water receptors to maximum extent practicable as indicated in the project's Preliminary Storm Water Management Plan (SWMPV prepared by O'Day Consultants, dated December 10, 2007. 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 and construction BMPs for the project. - l-n) Less -Than Significant Impact. The project site is located directly adjacent to the Agua Hedionda Lagoon. According to the 2002 Clean Water Act Section 303(d) list of impaired water bodies, Auga Hedionda Lagoon is listed as impaired by bacteria indicators and sedimentation/siltation. To address water quality of the project, BMP's will be implemented during construction and post construction phases to specifically address bacteria and sedimentation/siltation. In addition, other pollutants typically associated with detached residential and hillside development (i.e., nutrients from fertilizers, trash and debris, oxygen demanding substances, oil and grease from paved areas, and pesticides from landscaping) will be addressed through BMP's. To the maximum extent practicable, patios, rooftop drains, rain gutters and other impervious surfaces will be routed through vegetated bio- swales, inlet filters, pervious pavement and infiltration trenches, that will act as filtration systems to clean the storm water of any pollutants before entering the storm water conveyance systems as indicated in the project's Preliminary Storm Water Management Plan (SWMPV by O'Day Consultants, dated December 10, 2007. As such, the project will not result in an increase of pollutants into downstream waters, including the Agua Hedionda 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 (.31 acres) due to construction of two single-family homes and a driveway/guest parking area. Lot 1 proposes a single-family home with a building footprint consisting of approximately 1,755 sq. ft. Lot 2 proposes a single-family home with a building footprint of consisting of approximately 2,085 sq. ft. The driveway/guest parking area and rear yard patios total 9,857 sq. ft. of hardscape Pervious concrete will be used for the back yard patio areas to decrease runoff from the site. Less than 29% of the site will be covered by impervious surfaces. Given the small size of the project, the increase in impervious surface and associated runoff is considered to be less than significant. p) Less Than Significant Impact. A wetland buffer in excess of 100 ft. has been built into the design of the project between the edge of development and the outside boundaries of the wetland that is consistent with the requirements of the City of Carlsbad's Habitat Management Plan and the Local Coastal Program. The area of the 100 foot wetland buffer will be placed in open space to preclude any future development and/or disturbance of this area or to 24 . Rev. 01/02/07 GPA 06-oS/ZC 06-07/LCPA 06-OS/PUD 05-19/HDP 05-1/7V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision the HMP Hardline Preserve. Construction and post construction BMP's will further eliminate impacts on aquatic and wetland habitats by filtering pollutants. Therefore, impacts are considered to be less than significant. q) No Impact. The project will not result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses. Please refer to the preceding responses. No impact assessed. 25 Rev. 01/02/07 GPA.06-vy8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-07-03/HMP 07-04/MS 05-29 Adams Street Subdivision 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 Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact ' Impact a-c) No Impact, The project involves construction of detached single-family dwellings, which are consistent with the surrounding land 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 both the City of Carlsbad General Plan and the Local Coastal Program Land Use designations. The General Plan Land Use and Local Coastal Land Use designations are both identified as RLM (Residential Low- Medium Density). RLM anticipates single-family dwellings at 0 to 4 dwelling units per acre. The project is constructing at a density of 2.5 dwelling units per acre, which is within the RLM density range. The Habitat Management Plan (HMP) requires properties containing Coastal Sage Scrub (CSS) and located within the Coastal Zone to conserve a minimum 67% of the CSS onsite. Therefore, the project is proposing an amendment to the General Plan and Local Coastal Land Use designations from RLM to a combination RLM and Open Space (OS), and changing the Open Space & Conservation Element to reflect the open space. The OS designation would be applied to the open space lot (Lot 3) and the RLM designation would remain on the two residential lots (Lots 1 and 2) and the common area lot (Lot 4), which contains the main access driveway down to the site. The project does not conflict with any applicable plans or policies. 26 Rev. 01/02/07 GPA 06-u8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-1//V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision 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? 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 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. No impact assessed. 27 Rev. 01/02/07 GPA 06-<,<*/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iwV 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A' substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) " For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? a, c, e & f) No Impact. The project consists of two single-family dwellings, which are 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. No impact'assessed. b & d) Less Than Significant Impact. The anticipated grading operation associated with the proposed single- family dwellings will result in a temporary and minor increase in groundborne vibration and ambient noise.levels. Following the conclusion of grading, ambient noise level and vibrations are expected to return to pre-existing levels. 28 Rev. 01/02/07 GPA 06-^8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iz/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision 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 Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a-c) No Impact. The project is two single-family dwelling units, which is consistent with the intensity of the surrounding land uses. The area surrounding the proposed development is designated for residential development and was analyzed in the City's Growth Management Plan accordingly. The density of the proposed development is consistent with the City of Carlsbad General Plan. No impact assessed. 29 Rev. 01/02/07 GPA 06-u(S/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-tz/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision 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.i. - a.v.) No Impact. The project's size of two single-family dwelling units is consistent with the General Plan and therefore 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 as a result of this project. No impact assessed. 30 Rev. 01/02/07 GPA 06-v/d/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-i^/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 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 two single-family dwelling units will not result in the deterioration of existing neighborhood or regional parks or cause such parks to be expanded. Therefore, no adverse physical effect on the environment will occur as a result of this project. No impact assessed. 31 Rev. 01/02/07 GPA 06-ud/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-^/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision XV. TRANSPORTATION/TRAFFIC - Would the project: 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) d) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 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 two proposed single-family homes will generate 20 Average Daily Trips (ADT), which is not substantial in relation to the existing traffic load and capacity of the street system. While the increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. The proposed project will not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Project associated impacts are therefore considered 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 one highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: Rancho Santa Fe Road El Camino Real Palomar Airport Road SR78 LOS "A-D" "A-D" "A-D" 32 Rev. 01/02/07 GPA 06-^8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-i^/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision 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 highway 78 is currently operating at or better than the acceptable standard LOS. 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 highway and implementation of the CMP strategies, they will function at-accep table 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 Airport Land Use Compatibility Plan (ALUCP) 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 t*6' 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 (Tamarack Road), where alternative transportation (bus transit and bicycle and pedestrian access) is provided. 33 Rev. 01/02/07 GPA 06-u8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iz/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision 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? 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? fj 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact D 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 will increase the demand for these facilities; however, the proposed density (2.5 dwelling units peracre) is less than originally anticipated (3.2 dwelling units per acre) for this site and thus will not result in an overall increase in the City's growth projection in the NW quadrant. Therefore, the project does not create development that will result in a significant need to expand or construct new water facilities/supplies, wastewater treatment or storm water drainage facilities. No impact assessed. 34 Rev. 01/02/07 GPA 06-ud/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-ni/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history, or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("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) Potentially Significant Unless Mitigation Incorporated. 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 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 HMP regional planning efforts in the City of Carlsbad. Therefore, there will be no cumulative impacts to sensitive uplands, and plant and wildlife species. Furthermore, the project's required mitigation as outlined in the Cultural Resources section of this report will preclude any elimination of important examples of major periods of California history or prehistory, thus reducing impacts to less than significant. b) Less Than Significant Impact. The 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. However, the air quality would be essentially the same whether or not the development is implemented. 35 Rev. 01/02/07 GPA 06-ud/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-i^/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision 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. No impact assessed. "*' 36 Rev. 01/02/07 GPA 06-ud/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-i^/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision 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. 37 Rev. 01/02/07 i ( GPA 06-«d/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iz/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used irrthe 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. City of Carlsbad, November 2004. 3. Flood Insurance Rate Map. Map No. 06073CQ764. June 19. 1997. 4. City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. Catastrophic D'am Failure Inundation. Tsunami and Seiche Hazard Zone Maps. September 1992. 5. Preliminary Geotechnical Evaluation (W.O. 5241-A-SC). GeoSoils, Inc., September 28, 2006. 6. Preliminary Biological Assessment. APN'#206-200-01. Planning Systems, May 9, 2007. 7. Paleontological Resource and Monitoring Assessment. Adams Street Subdivision. Brian F. Smith & Associates, September 1.3, 2006. 8. Protocol Coastal California Gnatcatcher Survey on Medina Property. Lincer & Associates, November 22, 2006. 9. Preliminary Storm Water Management Plan for Adams Street. O'Day Consultants, December 10,2007. 10. An Archaeological Survey and Significance Evaluation for the Adams Street Subdivision Project. Brian F. Smith & Associates, November 9, 2006. 38 Rev. 01/02/07 GPA 06-u8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-ru/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision LIST OF MITIGATING MEASURES To mitigate potentially significant project impacts, the following mitigation measures shall be applied to the development of the proposed project: 1. Prior to recordation of the final map or issuance of a grading permit, whichever occurs first, mitigation for impacts to 0.25 acres of Group-E Non-Native Grassland, and 0.02 acres of Group-F Disturbed shall be mitigated by payment of an in-lieu mitigation fee. 2. The project applicant shall avoid impacts to and provide an open space and conservation easement over Open Space Lot 3. 3. The project applicant shall mitigate for the loss of 0.27 acres of coastal California Gnatcatcher occupied Coastal Sage Scrub by off-site creation of at least 0.27 acres (1:1 ratio) and an additional 0.27 acres (1:1 ratio) of off-site creation, acquisition/preservation or substantial restoration and/or enhancement of Coastal Sage Scrub, per the guidelines stated on page D-116 of the HMP. Prior to recordation of the final map or issuance of a grading permit, whichever occurs first, a site must be secured, and a revegetation plan shall be approved by the USFWS, CDFG, and City of Carlsbad. 4. Prior to issuance of a grading permit or clearing of any habitat, 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. 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 in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. 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. d. Record a Conservation Easement over the open space lot(s). e. Prepare an Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity. 5. Prior to recordation of the final map or issuance of a grading permit, whichever occurs first, a dedicated open space easement shall be placed over the 20 ft. wide habitat buffer area. 6. No clearing, grubbing, grading or other construction activities shall occur onsite during the avian nesting season, unless a qualified biologist confirms, through a documented survey immediately prior to clearing activities, that no nesting gnatcatchers or other sensitive bird species will be impacted. 7. 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 avian nesting season. 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 500 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 39 Rev. 01/02/07 GPA 06-v,8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iz/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision occur within any portion of the site where they would result in noise levels exceeding 60 dB(A) hourly average at the edge of CSS. 8. Landscaping Restrictions: No invasive, exotic plant species as per the California Invasive Plant Council (Cal-Ipc) shall be used in any landscaping areas within the project site. Runoff from the landscaped areas within the project site shall not be allowed to enter the preserve areas. All runoff will remain within landscaped areas or be filtered through appropriate storm drain facilities. Genetic contamination shall be avoided by keeping areas landscaped with approved plants. No plants that may run the risk of cross breeding with nearby native plants shall be used. These requirements shall be reflected on the Final Landscape Plans and project CC&R's. 9. Fire Management: No exposed wood shall be allowed throughout the project, including gates, fences, decks, etc. Both residences shall be constructed with a Class-A type roof, .with no vents installed along the westerly side. Both residences shall include interior fire sprinklers installed to the satisfaction of the Carlsbad Fire Department. Parking areas and driveways shall be sited and designed to allow for adequate fire department access. No fire buffer impacts or vegetation thinning shall occur within the preserved open space (conservation easement) areas. These requirements shall be reflected on the Final Landscape Plans, Building plans and project CC&R's. 10. Erosion Control: To prevent the loss of vegetative cover and address slope stabilization, the project developer shall prohibit bare surface grading for fire control on slopes. The project developer shall also ensure that all areas of habitat creation are planted with appropriate landscaping and adequately stabilized (e.g. with a soil binder) after planting to minimize surface erosion. Finally, the project developer shall ensure that no new surface drainage is directed into the HMP Preserve. These requirements shall be reflected on both the Final Grading and Landscape Plans. 11. Fencing and Signs: Temporary habitat protection fencing shall be installed to protect the habitat during grading and construction activities. 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. 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), shall be installed in an approved location. The project fencing shall restrict direct human access to the HMP Preserve Area, yet still allow for sensitive species to migrate within the entire HMP Preserve system. The project shall install signs to educate the public about the goals of the HMP Preserve and that prohibit public access to it. Signs shall be limited enough to prevent disturbance to sensitive species. This requirement shall be reflected on the Final Grading, Landscape, and Building Plans. 12. Lighting: Project lighting in the back yards adjacent to the HMP Preserve areas 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. This requirement shall be reflected on the Final Landscape Plans, Building Plans, and project CC&R's. 13. Predator and Exotic Species Control: The project developer shall educate homeowners regarding responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild). The project developer shall fence areas between housing and the adjacent HMP Preserve to keep pets out of the Preserve Area. For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the HMP Preserve. This requirement shall be reflected in the project CC&R's. 14. Paleontological mitigation measures shall be implemented as follows:- a. Prior to issuance of a grading permit the project developer shall retain a qualified paleontologist to carry out the mitigation program outlined here. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology that is familiar with paleontological procedures and techniques.) 40 Rev. 01/02/07 GPA 06-uS/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-iz/V 07-03/HMP 07-04/MS 05-29 Adams Street Subdivision b. A qualified paleontologist shall be present at a pre-construction meeting to consult with the grading and excavation contractors. c. A paleontological monitor shall be onsite at all times during mass grading and excavation activities, including utility trenching, etc. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) d. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary to set up a screen-washing operation on the site. e. Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned, repaired, sorted, and cataloged. f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum. Donation of the fossils shall be accompanied by financial support for initial specimen storage. g. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. 15. Archeological mitigation measures shall be implemented as follows: a. Prior to commencement of grading, the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of this agreement will be to discuss the requirement of tribal monitoring and to formalize procedures for the treatment of Native American human remains, burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activity. b. Prior to issuance of a grading permit, the project developer shall retain the services of a qualified archeologist to monitor all ground disturbing activities and carry out the mitigation program outlined here. c. A qualified archeologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. d. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. e. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. f. If any deposits are evaluated as significant, further mitigation measures may be required, as recommended by the qualified archeologist. 41 Rev. 01/02/07 ( GPA 06-W-8/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-i*/V 07-03/HMP.07-04/MS 05-29 Adams Street Subdivision 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. Date a 42 Rev. 01/02/07 Page 1 of 9 PROJECT NAME: Adams Street Subdivision FILE NUMBERS: GPA 06-08/ZC 06-07/LCPA 06-08/PUD 05- 19/HDP 05-12/SUP 05-13/VAR 07-03/HMP 07-04/MS 05-29 APPROVAL DATE: The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure 1 . Prior to recordation of the final map or issuance of a grading permit, whichever occurs first, mitigation for impacts to 0.25 acres of Group-E Non-Native Grassland, and 0.02 acres of Group-F Disturbed shall be mitigated by payment of an in-lieu mitigation fee. 2. The project applicant shall avoid impacts to and provide an open space and conservation easement over Open Space Lot 3. 3. The project applicant shall mitigate ,for the loss of 0.27 acres of coastal California Gnatcatcher occupied Coastal Sage Scrub by off-site creation of at least 0.27 acres (1:1 ratio) and an additional 0.27 acres (1:1 ratio) of off-site creation, acquisition/preservation or substantial restoration and/or enhancement of Coastal Sage Scrub, per the guidelines stated on page D-116 of the HMP. Prior to recordation of the final map or issuance of a grading permit, whichever occurs first, a site must be secured, and a revegetation plan shall be approved Monitoring Type Prior to recordation of the final map or issuance of a grading permit Prior to recordation of the final map or issuance of a grading permit Prior to recordation of the final map or issuance of a grading permit Monitoring V Department; , Planning Planning Planning Shown on v ; :-Plahs- r\. Verified Implementation & Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 2 of 9 Mitigation Measure Monitoring Monitoring Department Shown on Plans Verified Implementation Remarks by the USFWS, CDFG, and City of Carlsbad. 4. Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space 5 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 in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. 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. d. Record a Conservation Easement over the open space lot(s). e. Prepare a Preserve Management Plan which will Prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. V_J\ Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD-Appendix P. Page 3 of 9 Mitigation Measure ensure adequate management of the open space lot(s) in perpetuity. 5. Prior to recordation of the final map or issuance of a grading permit, whichever occurs first, a dedicated open space easement shall be placed over the 20 ft. i wide habitat buffer area. 6. No clearing, grubbing, grading or other construction activities shall occur onsite during the avian nesting season, unless a qualified biologist confirms, through a documented survey immediately prior to clearing activities, that no nesting gnatcatchers or other sensitive bird species will be impacted. 7. 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 avian nesting season. 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 500 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 Monitoring Type Prior to issuance of a Final Map or issuance of a grading permit, whichever occurs first Prior to issuance of a grading permit Prior to issuance of a grading permit Monitoring Department Planning Planning Planning Shown on Plans Verified Implementation > Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 4 of 9 Mitigation Measure 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 edge of CSS. 8. Landscaping Restrictions: No invasive, exotic plant • species as per the California Invasive Plant Council (Cal-lpc) shall be" used in any landscaping areas within the project site. Runoff from the landscaped areas within the project site shall not be allowed to enter the preserve areas. All runoff will remain within landscaped areas or be filtered through appropriate storm drain facilities. Genetic contamination shall be avoided by keeping areas landscaped with approved plants. No plants that may run the risk of cross breeding with nearby native plants shall be used. These requirements shall be reflected on the Final Landscape Plans and project CC&R's. 9. Fire Management: No exposed wood shall be allowed throughout the project, including gates, fences, decks, etc. Both residences shall be constructed with a Class-A type roof, with no vents installed along the westerly side. Both residences shall include interior fire sprinklers Installed to the satisfaction of the Carlsbad Fire Department. Parking areas and driveways shall be sited and designed to allow for adequate fire department access. No fire buffer impacts or vegetation thinning shall occur within the preserved open space (conservation easement) areas. These requirements shall be reflected on the Final Landscape Plans, Building plans and project CC&R's. Monitoring Type Shown on Final Landscape Plans and CC&R's Shown of Final Landscape Plans, Building Plans and project CC&R's Monitoring Department Planning Planning/ Fire Shown on ..-Plans Verified Implementation A Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 5 of 9 Mitigation Measure 10. Erosion Control: To prevent the loss of vegetative cover and address slope stabilization, the project developer shall prohibit bare surface grading for fire control on slopes. The project developer shall also ensure that all areas of habitat creation are planted with appropriate landscaping and adequately I stabilized (e.g. with a soil binder) after planting to minimize surface erosion. Finally, the project developer shall ensure that no new surface drainage is directed into the HMP Preserve. These requirements shall be reflected on both the final grading and landscape plans. 11. Fencing and Signs: Temporary habitat protection fencing shall be installed to protect the habitat during grading and construction activities. 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. 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), shall be installed in an approved location. The project fencing shall restrict direct human access to^the HMP Preserve Area, yet still allow for sensitive species to migrate within the entire HMP Preserve system. The project shall install signs to educate the public about the goals of the HMP Preserve and that prohibit public access to it. Signs shall be limited enough to prevent disturbance to sensitive species. These requirements shall be reflected on the Final Grading, Landscape and Monitoring Type Shown on Final Grading and Landscape Plans. Shown on Final Grading, Landscape and Building Plans. Monitoring Department Planning/ Engineering Planning/ Engineering Shown on ; Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 6 of 9 Mitigation Measure Building Plans. 12. Lighting: Project lighting in the back yards adjacent to the HMP Preserve areas 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. This requirement shall be reflected on the Final Landscape Plans, Building plans and project CC&R's. 13. Predator and Exotic Species Control: The project developer shall educate homeowners regarding responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild). The project developer shall fence areas between housing and the adjacent HMP Preserve to keep pets out of the Preserve Area. For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the HMP Preserve. This requirement shall be reflected in the project CC&R's. 14. Paleontological mitigation measures shall be implemented as follows: a. Prior to issuance of a grading permit the project developer shall retain a qualified paleontologist to carry out the mitigation program outlined here. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology that is familiar with paleontological procedures and techniques.) Monitoring :•.. Type- Shown on Final • Landscape Plans, Building Plans, and1 project CC&R's Include in project CC&R's Prior to issuance of a grading permit Monitoring Department Planning Planning Planning/ Engineering Shown on Plans Verified Implementation *_ Remarks;;: Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigatjon measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 7 of 9 Mitigation Measure b. A qualified paleontologist shall be present at a pre-construction meeting to consult with the grading and excavation contractors. c. A paleontological monitor shall be onsite at all times during mass grading and excavation '• activities, including utility trenching, etc. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) d. When fossils are discovered, the paleontologist .(or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary to set up a screen-washing operation on the site. e. Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned, repaired, sorted, and cataloged. f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited Monitoring Type Monitoring Department Shown on Plans '.-• Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. ' Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 8 of 9 Mitigation Measure (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum. Donation of the fossils shall be accompanied by financial support for initial specimen storage. (Q. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include • discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. 15. Archeological mitigation measures shall be implemented as follows: a. Prior to commencement of grading, the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of this agreement will be to discuss the requirement of tribal monitoring and to formalize procedures for the treatment of Native American human remains, burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activity. b. Prior to issuance of a grading permit, the project developer shall retain the services of a qualified archeologist to monitor all ground disturbing activities and carry out the mitigation program outlined here. c. A qualified archeologist shall be present at the Monitoring Type Prior to issuance of a grading permit Monitoring Department Planning/ Engineering Shown on Plans Verified Implementation ipf Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 9 of 9 Mitigation Measure pre-construction meeting to consult with the grading and excavation contractors. d. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project • area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. e. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. f. If any deposits are evaluated as significant, further mitigation measures may be required, as recommended by the qualified archeologist. Monitoring Type '• Monitoring Department Shown on Plans Verified Implementation 1 ;-i.. ' Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. 7Y"~ Shown on Plans = When mitigation measure is shown on plans, this column will be V. "n initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. v5'Ca-C§arisDa May 6,2008 Marci L. Koski U.S. Fish & Wildlife Service Carlsbad Fish & Wildlife Office 6010 Hidden Valley Road Carlsbad, CA 92011 SUBJECT: RESPONSE TO USFWS COMMENTS (FWS-SAN-08B0437-08TA0476) - ADAMS STREET SUBDIVISION - MITIGATED NEGATIVE DECLARATION Dear Ms. Koski, Thank you for your email comments dated April 4, 2008 pertaining to the Mitigated Negative Declaration (MND) that was prepared for the proposed Adams Street Subdivision project located along the north shore of the Agua Hedionda Lagoon in the City of Carlsbad, California. We understand that your primary concerns with the project are the proposed location of a public access trail within the 100 ft. wetland buffer area, and fencing and signage of the proposed trail improvements. It should be noted that since the date of your comment letter, staff has discovered that the adjacent property to the east (APN 206-200-002) does indeed have a 25 ft. wide public access easement recorded across the property, which is directly in-line and will connect with the ; proposed trail (please see the attached Doc. No. 86-265396 and Doc. No. 2007-0388120). Furthermore, as recent as January 12,2006, under a California Coastal Permit No. 06-04-161, a 25 ft. wide public access trail was approved for a custom home located four lots to the east (APN 206-200-05) of the project site, and three other lots east of this location have also recorded similar easements (see the attached Assessor's page 206-20). These easements appear to be located along the entire width of each property, extending from the mean high tide line, to a line that is 25 feet upland,of the daily high water line. This alignment is also consistent with the alignment outlined in Exhibits I and J of the Agua Hedionda Segment of the Local Coastal Program (LCP). As we have stated before, given the high quality of the habitat on the adjacent site to the west, and the fact that a house exists-on the site to the east, we feel that the -proposed trail location is ideally located. Moving the trail to a higher elevation away from the lagoon, will likely place it in a steeper slope area and will also affect higher quality habitat on the adjacent lot. Furthermore, because the adjacent home to the east is already developed down to the lagoon's edge, to connect with a relocated trail at a higher elevation on the project site will likely require a 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (7SO) 602-4600 • FAX (760) 602-8559 » www.ci.carlsbad.ca.us ywtf-SAN-08B0437-08TAO<f. 76 May 6,2008 -Page 2 vertical component to the trail system along its east property line. This would result in a greater take of habitat then is currently being proposed. We have tried very hard to balance the goals of the LCP and the Habitat Management Plan (HMP) in this development proposal. We've reduced the width of the proposed trail from the minimum 10 feet to 8 feet in order to preserve as much of the quality CSS as we can, while still maintaining public access that can accommodate two-way bicycle/pedestrian traffic. Relocating the trail to within the first 15 ft. of the wetland buffer will result in a greater environmental impact and also will be inconsistent with the LCP. . And lastly, to address your concern regarding fencing and signage, please see Mitigation Measure No. 11 of the Mitigation Monitoring & Reporting Program (MMRP), requiring temporary and permanent fencing to physically restrict direct human access into the HMP Preserve Area, along with the signage to educate and inform the public about the goals of HMP Preserve and to prohibit public access to it. In light of all the evidence, staff requests that you please concur with our assessment and agree with the proposed trail alignment. If you have any further questions, or wish to meet, please do- not hesitate to contact me at (760) 602-4643. Sincerely, JASONGOFF Associate Planner C: Paul Klukas, Planning Systems, 1530 Faraday Ave., Suite 100, Carlsbad, CA 92008. Dr. Ben & Eunice Medina, Dr. David Graham, P.O. Box 1766, Bonita, CA 91908 Gary Barberio, Assistant Planning Director Chris DeCerbo, Principal Planner Mike Grim, Senior Planner From: <Marci_Koski@fws.gov> To: <Jgoff@ci.carlsbad.ca.us> ' -. CC: <DLawhead@dfg.ca.gov> Date: 04/04/2008 2:03 PM Subject: Adams Street Subdivision MND'Comments In Response ReplyTo: FWS-SAN-08B0437-08TA0476 Dear Jason: Thank you for taking the time to discuss the Adams Street Subdivision project and.for providing the information I requested regarding the proposed trail. I also appreciate the extension you gave me on submitting comments from the U.S. Fish and Wildlife Service (below) until 4/11/08. In general, the proposed project is in conformance with the City of Carlsbad's Habitat Management Plan (HMP), with the following exception relating to the proposed trail. We are concerned that the proposed trail would.compromise the biological function of the buffer adjacent to Agua Hedionda Lagoon, which is to protect the wetland and riparian vegetation and the many sensitive species it supports from the project-related edge effects. For areas within the Coastal Zone, the Carlsbad HMP outlines permitted trail use in buffers as follows: "Recreation trails and public pathways [may be placed] within the first 15 feet of the buffer closest to the development, provided that construction of the trail or pathway and its proposed use is consistent with the preservation goals for the adjacent habitat, and that appropriate measures are taken for physical separation from sensitive areas" (page D-117). This appears to directly conflict with policies 7.2 and 7.3 of the LCP, which requires the placement of a bicycle/pedestrian trail is required -along the north shore of the lagoon on the applicant's property. The Service requests that we be included in future discussions regarding the optimal placement of the trail on this property. Neither of the properties on either side of this parcel have trails that would link to the proposed trail. We recognize that the placement of the trail as described in the HMP may not be the best location from a biological conservation standpoint, but the proposed trail location may be too close to the lagoon to protect sensitive wetland vegetation and species. We would also like to discuss potential plans for fencing and signage along the trail to reduce impacts to sensitive habitat from off-trail usage. We appreciate.the opportunity to comment on this MND. If you have any questions, please feel free to contact me at the number below. Sincerely, Marci L Koski, M.S., Ph.D. Fish and Wildlife Biologist U.S. Fish & Wildlife Service Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, CA 92011 760.431.9440 ext. 304 09 206-20 01/04/Z008 KJA 0 CHANGES BLK T.OO OLD to ^SkS 10 12&U 7 ?. NEW WAPs*M<^ JT.JVO. 10*11 12&U SAI.C *WC ETW1 SMC Aux ESMT bS!%ArSMC «we ES»n . YR 6-> 57 99 00 OJ 04 flD OB CUT £t 4«58 ?0*1 192B 5537 5585 G56J -VOID *, PUBUC ACCESS ESWi SAN DIEGO COUNTYASSESSOR'S MAP BOOK 206 PAGE 20 HIS MAP WAS PREPARED FOR ASSESS1KNT PURPOSES ONLY. NO LIABILITY ISSSUMCD FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELSAY NOT COWLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES.MAP 2152-BELLAVISTA ROS 15053,16964 . V 2 3 _ 7 3 9 10 11 12 13 M" IS 18 17 18 19 20 21 22 23 24 25 23 27 OURT PAMM «. It) (Iff. ••»! <N* .ft ft?e ' r._ -*8539g •«.*. WfeQ [ ..•»-(.•.. ,"""••... tju .1 i r r r1 * " •.-•'*8cor<3in9 RKjuesteq Dy ana /•• •• •:-..-•• hen Recorded, Rail To: ' % ---.,'• •. • alifornla Coastal' Commission i"- ,,.,, ,7 e31 Howard Street. 4th Floor " J'" *' °"' 2' 40 an "Francisco. California 341Q5 i vE1*' t IYT i Mention: Legal Department (COUN'rf R^cosoEh 1-' — i ' IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS .RP-./A' AR /2 THIS IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEHENT AN8 VIQ / DECLARATIOM OF RESTRICTIONS (hereinafter 'offer') is made this day of . 19 86 . by Enrique Abeledo hereinafter referred to as "Grantor"). I. WHEREAS. Grantor Is the legal owner of a fee interest of certain real property located in tha County of San Diego . state of California, and1 described in the attached Exhibit A (hereinafter referred to as the "Property*); and II. WHESEivS. all of the Property is located within the coastal tone as defined 1n Section 30103 of the California Public Resources Code (which code Is nerelnafter referred to as the "Public Resources Code*); and III. WHEREAS, the California Coastal Act of 1976. (hereinafter referred to• as the "Act*) creates the California Coastal Commission, (hereinafter referred to as the "Connrisslon") and requires that any coastal development permit approved by the Commission must be consistent with the policies of the Act set forth In Chapter 3 of Division 20 of the Public Resources Code; and IV. WHEREAS, pursuant to the Act. Grantor applied to the California Coastal Commission for a permit to undertake development as defined in the Act within the Coastal zone of San DieS° County (hereinafter the •Permit'); and V. WHEREAS, a coastal development permit (Permit No. 5*86-35 ) •"fe rMn^BriMrMBESTCOPY i _ i . r ' ™||B • - rar^rS1 ffig ; r- 3 :O i 2o <• * uPfli * **^M> i O: Jj**!fTI Oo0 ' *%. "Hi m^f' •w^, _ m 2 r r"J|| ***f^ 1 iZZI11 MBeSL 6 Mfm [j| •1 2 3 4 S 8 7 3 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 29 2 .•AT« «, CAiiroiro. ill ixv. ••»• as granted on Kay 6 3 909 8S, 19 , by the Commission \n ccordaaca with the provision of the Staff Recommendation and Findings, ttached hereto as Exhibit' B and hereby incorporated by refarence, subject to h« following condition: Prior to transmittal of the coastal development permit, the landowner shall execute and record a document, in a form and content acceptable to the Executive Director, irrevocably offering to dedicate to a public agency or private association approved by the Executive Director an casement for lateral public access and passive recreational use along the lagoon shoreline. The document shall provide that the offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the offer, to interfere with any rights of public access acquired through use which may exist on the property. . Such easement shall be located along the entire width of the property along the Agua Hedionda Lagoon shoreline extending from the mean high tide line to a line 25-£eet upland of the daily high water line, which is understood to ambulatory from day to day, and aa generally' indicated on Exhibit #4 of the staff report. The document shall bo recorded frse of prior liens and encumbrances which the Executive Director determines may affect the interest being conveyed. The offer shall run with the land in favor of thePeople of the State of California, binding all successors andassignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording. The document shall be in a -form and content acceptable to the Executive Director. VI. WHEREAS, the subject property is a parcel located between the first public road and the shoreline; and VII. WHEREAS, under the policies of Sections 30210 through 30212 of the California Coastal Act of 1976. public access to the shoreline and along the coast is to be maximized, and in all new development projects located between the first public road and the shoreline shall be provided; and VIII. UHEREAS. the Commission found that but for the imposition of the above condition ..the proposed development could not be found consistent with the public access policies of Section 30210 through 30212 of the California Coastal Act of 1975 and the Local Coastal Program as defined in Public Resources Code Section 301QS.6 and that therefore in the absence of such a condition, a permit could not have been granted; -2- COPY 1 2 3 4 5 a 7 a 9 10 11 12 13 14 IS 13 17 18 19 20 21 22 23 24 23 26 OUBT PM>Ur*n «r c*un* tt. Ill !««».••» • -0, 03,0 X, WHEREAS, 1t Is intended that this Offer 1s Irrevocable and shall onstitute enforceable restrictions within the meaning of Article XIII, Section of tha California Constitution and that said Offer, when accepted . shall hereby qualify as an enforceable restriction under .the provision of the alifomla Revenue and Taxation Code. Section 402.1; NQH THEREFORE, In consideration of the granting of Permit !o. 6-B6-3S ^0 srantor by tha Coran1ss1on. the ovner(s) hereby offer(s) to iedlcate to the People of California an easement In perpetuity for the purposes if lateral public access and passive .recreational use along the lagoon shoreline. ocated on the subject property along the entire width from tha mean high tide line to a line 25 feet upland of the daily high. water line. and as specifically set forth by"attached Exhibit C hereby Incorporated by reference, 1. BENEFIT ANO BURDEN. This Offer shall run with and burden the Property and all obligations, terras, conditions, and restrictions hereby imposed shall be deemed to be covenants and restrictions running with the land and shall be effective limitations on the use of the Property froa the date of recordation of this document and shall bind the- Grantor and all successors and assigns. This Offer shall benefit the State of California. 2. DECLARATION OF RESTRICTIONS. This offer of dedication shall not be used or construed to allow anyone, prior to acceptance of the o.ffer, to interfere with any rights of public access acquired through use which may exist on the Property. -3- COPY 1 ".•I' 1 031 3. • ADOITTOHAL_TERH5. CONDITIONS»_ AND t IIHITATICKS. Prior to the opening of the accessway. the Grantee, 1n consultation with tha Grantor, may * 3 ft record additional reasonable terms, conditions, and limitations on the use of 4 (the subject property 1n order to assure that this Offer for public access 1s effectuated. 4. CONSTRUCTION OF VALIDITY. If any provision of these restrictions Is held to be Invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or Impaired. 5. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, exceptions, obligations, and reservations contained 1n this Offer shall be binding upon and Inure to the benefit of the successors and assigns of both the grantor and the Grantee, whether voluntary or Involuntary. 6. TERM. This Irrevocable offer of dedication shall be binding for a period of 21 years starting from the date of recordatlon. Upon recordation of an acceptance of this Offer by the Srantee. this Offer and terms, conditions, and restrictions shall have the effect of a grant of access easement In gross and perpetuity that shall run with the land and be binding on the parties, heirs, assigns, and successors. The People of the State of California shall accept this offer through the local government 1n whose jurisdiction the subject property lies, or through a public agency or a private association acceptable to the Executive Director of the Commission or Its successor 1n interest. 10 11 12 13 .U IS 19 n 18 19 20 21 22 23 24 29 26 27 O. 113 IflKV. ••«»-4- 1 1 2 3 4 S 6 7 8 9 10 11 12 13 .14 13 19 17 13 19 20 21 22 23 24 • 29 26 2 v Ou.no. ua on. .-•0 93E Acceptance of the Offer is subject to a covenant which runs with the and, providing that any offeree to accept the easement may not abandon It but wst Instead offer the easement to other public agencies or private ssociations acceptable to tha Executive Director of. the Corrraission for the uration of ths terra of the original Offer to Dedicate. xecuted on this day . California. . at Signed Owner Enrique Aheledo Type or Print Signed Type or Print NOTE TO NOTARY PUBLIC; If you are notarizing tha signatures of persons signing on behalf of a corporation, partnership, trust, etc., please use the correct notary acknowledgment form as explained in your Notary Public Law Book. State of California. ) County of saa DIEGO ) . in the year 1986 ,.On this 18th day of June before me Gisela Hauser appeared Enrique Abeledo .. a Notary Public, personally personally known to aa (or proved to me on the basis of satisfactory evidence) to ba the psrson(s) whose name is subscribed to this Instrument, and acknowledged that ha/she/they executed it. *«••«•••••>*•••••*•**«••••**•• ^~ OFFICIAL StAt Ly W&»- GISELA HAUSER : NOTARY PuftlC-MUfORW* J NOTARY BONO HUD M * SAN DttOO COUHTY * J••««•»•• NOTARY PUBkttC IN AND FOR SAID STATE AND COUNTY -5- BEST COPY r. r* Io L So oo I 1 •0 $33 This is to certify that the Offer to Dedicate set forth above is 2 |hereby acknowledged by the undersigned officer on behalf of the California 3 |Coastal Conraisslon pursuant to the action of the Commission when 1t granted 4 iCoastal Development Permit Ho. G>-$v~^l5 qn ri&f « 3 J and the California Coastal Coraralssion consents to reccrdattcn thereof b"y its duly authorized officer. 5 9 10 11 12 13 Dated: California Coastal Commission STATE OF COUNTY OF On before ma PHEGl£V a Notary Public, personally appeared . personally known to s to be (or proved to roe on the basis of satisfactory evidence) |to be the parson who executed this instrument as tha 17 18 19 20 21 22 23 24 25 23 27 TITLE and authorized representative of the California Coastal Commission and acknowledged to ma that the California Coastal Commission executed it. OFFICIAL SEAL MILTON PHEGLETT:.NOTARY PUBUC - CALIFORNIASAN CXEOO COUNTY rCa^n.f^im Stpt. S, t«» NOTARY PUBLIC IN AND F SAID STATE AND COUNTY n. ill win. BEST COPY -6- 934 EXHIBIT "A" LEGAL DESCRIPTIOH QP PROPERTY OWNED BY ENRIQUS ABELEDO A portion of Lot 6, Blocfc "D" of Bellavista in tha City of Carlsbad, County o£ San Diego, state of California, according to map thereof No. 2152, filed* in the Office of tha County Recorder of San Diego County, March 7, 1929, more particularly described as f allows t Beginning at the most Southeasterly corner of tot S of said map Ho. 2152; thence along tha Southerly Una of said Lot 5 South 72014*10" Bast, 598.35 feet to the TRUE POINT OP BEGINNING^ thence South 7Ze14'10H East, 77.26 feetf thence North 03«53'00" East, 269.43 feet to a point lying on tha arc of a 550.00 foot radius curve, concave Northeasterly \jJU~l <s«€He center of which bears North IT'lO'lS" Eastf thence Easterly • alSaothe arc of said curve through a central angle of 8*11 '38" and a3-fra4ysnca o£ 78.66 feetf thence South 03"53'00" West, 274.37 feeVto the TRUE POINT OF BEGINNING. 3. N. £029 DWigh 6-17-86 BRIAN SMITH ENGINEERS. INC. . M 1 **.L. EXHIBIT STATt Of CAUKXhU— tHi KSOUSCES ACtNOf CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST DISTRICT IS01 CAWIMO Ml IS) SOUTH, SUlIt US SAM DffiOO, CA H10WJT3 •0 nBa ^ Date Kav 6. 1986 Application No. Paqa 1 of 4. ... 0 935 GEO«CC OEUKA1&IU.H. Connor 5-86-35 v$jj$ NOTICE OF IOTEHT TO ISSUE PERMIT On Abr11 9. 198.6. application of Enrioue Abeledo the California Coastal Commission approved thesubject to the attached standard and special conditions, for the development described below: Description: Site: Construction of a 3,400 sq. ft., three-story single family residence with pool and patio area on a 20,000 sq. ft. lot on the north shore of Agua tiedlonda Lagoon In Carlsbad. Lot AreaBuilding Coverage Pavetnent CoverageUnimproved AreaLandscape Coverage Parking Spaces ZoningPlan Designation Project DensityHt abv fin grade 20.000 sq. ft. 2.700 sq. ft. (1«)5,000 sq. ft. (25*) 7.300 sq. ft. <*IX) 5.000 sq. ft. (20X) 2 .R-l-15,000Res. Low Medium Density 0-4 du/ac 1.8 du/ac 35 feet Adams St. approximately 200-fe£t_4as$_ojF Highland Drive 1n Carlsbad. San 01ego County APiT206-200-55 The permit will be held 1n the San Diego District Office of the Commission, pending fulfillment of Special Conditions 1 through 5 When these conditions have been satisfied, the permit will be Issued. THOMAS A. CRANOALL DISTRICT DIRECTORay NOTICE OF IKTENT TO Pags 2 of 4- _ IE PERMIT HO. 6-86-35 —Ur • -0 936 STANDARD COHDITIOHS; 1. Notice of Receipt and Acknowledgement. The permit is not valid and developiaent shall not commence until a copy of the permit. signed by the permittee or authorized ageni, acknowledging receipt of the permit and acceptance of the terras and conditions. Is returned to the Comnlsslon office. 2. Expiration. If development has not commenced, the permit will expire twoyears froa the date on which the Commission voted on the application. Development shall be pursued In a diligent manner and completed In a reasonable period of tine. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development nust occur 1n strict compliance with the proposal as set forth below. Any deviation from the approved plans mustbe reviewed and approved by the staff and nay require Commission approval. *• Interpretation. Any questions of Intent or Interpretation of anycondition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to Inspect the siteand the development during construction, subject to 24-hour advance notice. 6. Assignment. The permit nay be assigned to any qualified person, providedassignee files with the Commission, an affidavit accepting all terms and conditions of the permit. 1. Terms and Conditions Run with the land. These terns and conditions shallbe perpetual, and It Is the Intention of the Commission and the permittee .to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL 1 . Erosion/Sedimentation and Bunoff Control Plans. Prior to the transmlttal of the coastal development permit, the applicant shall submiterosion/sedimentation and runoff control plans for the project. The plans shall be designed by a licensed engineer qualified In hydrology and hydraulics, and shall assure no Increase 1n peak runoff rate from the developed site as a result of a ten-year frequency storm over a six-hour duration (10 year. 6 hour rainstorm). Runoff and sediment control shall beaccomplished by such means as on-slte catchment/deslltlng basins, re vegetation of disturbed areas and energy dissipating measures as necessary. The plans, Including supporting calculations, shall be subject to the review and written approval of the Executive Director. 1 .1 NOTICE OF IHTENT TO I 3 of ^ E PEEWIT NO. 6-86-35 93? SPECIAL CONDITIONS - continued: 2. landscaping Plan. Prior to the transisittal of the coastal developmentpermit, the applicant shall submit-a detailed landscape plan for the project. The plan shall indicate the type, size, extent and location of all plant materials, the proposed Irrigation systen and other landscape features. Drought tolerant plant materials shall be utilized to the maximum extent feasible. The plan shall stipulate that all areas disturbed by grading shall be revegetated Immediately following grading operations and replanted ifvegetation Is not fully established within 90 days of planting. The planshall Include revegetation of the site-In areas below the 41-foot contour where earlier brush clearing, operation took place..w1th materials sireilar to those reitoved. Said plan shall be subject to tha review and written approvalof tha Executive Director. 3. Open Space Peed Restriction. Prior to the transmlttal of the coastal, development permit, the applicant shall record a restriction against thesubject property, free of all prior liens and encumbrances, except for tax Hens, and binding on the permittee's successors 1n Interest and any subse- quent purchasers of any portion of the real property. The restriction shallprohibit the alteration of natural topography, removal of vegetation orerection of structures of any type unless approved by the California Coastal Commission or Its successors in Interest on that area shown 1n attached Exhibit #3 and generally described as. that portion of the property lying below(south of) the 41-foot contour line. The recording document shall Include legal descriptions of both the applicant's entire parcel and the restricted area and shall be in a form and content acceptable to the Executive Director. 4. lateral Public Access. Prior to transmittal of the coastal develop-ment permit, the landowner shall execute and record a document, 1n a form andcontent acceptable to the Executive Director, Irrevocably offering to dedicate to a public agency or private association approved by the Executive Directoran easement for lateral public access and passive recreational use along thethe lagoon shoreline. The document shall provide that the offer of dedicationshall not be used or construed to allow anyone, prior to acceptance of theoffer, to interfere with any rights of public access acquired through use which may exist on the property. Such easement shall be located along theentire width of the property along the Agua Hedlonda Lagoon shoreline extending from the mean high tide line to a line 25-feet upland of. the dally high water line, which Is understood to ambulatory from day to day. and as generally indicated on Exhibit $4 of the staff report. The document shall be recorded free of prior Hens end ericymhra.-ces w.ilch theExecutive Director determines may affccl the Interpst being conveyed. The offer shall run with the land In favor of the People of the State of California, binding all successors and assignees, and shall be Irrevocable for a period of 21 years, such period running from the date of recording. The document shall be 1n a form and content acceptable to the Executive Director. r-aoo 8 Oo s Im 1 NOTICE OF INTENT TO ISBE PERMIT NO.Paga 4 of 4 , 6-86-35 0 938 SPECI-fil CONDITIONS - continued: 5. Public Access Improvements. Prior to the transmittal cf the coastal development permit, the applicant shall submit a plan for tha provision of public access Improvements along that portion of the property adjacent to Agua HecHonda Lagoon and subject to the recordation of a public access easement pursuant to special condition {4 of the permit. The plan shall provide for an Improved path of a minimum of ten (lO)-feet 1n width and suitable for use by pedestrians and bicyclists. The applicant shall be responsible for implementation of the plan unless responsibility for construction of theaccess path is assumed by the City of Carlsbad or other appropriate agency. In tha event that no other agency assumes responsibility for Implementation of tha plan, the applicant shall be required to coirmence and complete construc-tion of the access Improvements concurrent with 'construction of the proposedresidence. Said plans shall be subject to the review and written approval of the City of Carlsbad and the Executive Director. (1E28A) 1 .0 939 EXHIBIT "C" LEGAL DESCRIPTION OF AN EASEMENT FOR LATERAL PUBLIC ACCESS A portion of Lot 6, Block "D" of Bellavista, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 2152, filed in the Office of the County Recorder of SanDiego County, March 7, 1929, more particularly described as follows: o•n Beginning at the moat Southeasterly corner of Lot 5 of said map No. 2152; thence along the Southerly line of said lot 5 South 72°14'10n Eaat, 598.35 feet> thenca North 03°53'00" East, 10.00 feet to the TRUZ POINT OP BEGINNING* thence North 03053'00" East, 29.00 feet? thence South 85?42'33" East, 75.00 feet* thence South 03e53'00" West, 25.00 feeti thence North 88e45'47" West, 75.08 feat to the TRUE POINT OF BEGINNING.' J. N. 6029 DW:gh 6-17-86 BRIAN SMITH ENGINEERS. INC. oo V* am O Oo 1 5483 [/$ * RECORDING REQUESTED BY AND jjp WHEN RECORDED MAIL TO: .^ CALIFORNIA COASTAL COMMISSION 725 Front Street, Suite 300 Santa Cruz, CA 95060-4508 (Legal Division) STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation Pursuant to Government Code §27383 DOC# 2007-0388120 il JUN08.2007 11:30 AM OFFICIAL RECORDS l D',£GQ COUNTY RECORDER'S OFFICE GREGORY 1 SMITH. COUNTY RECORDER FEES. 0.00 PAGES: S - - 20Q7--0-3S8120 CDP 6-86-35 Abeledo BEST COPY ! % CERTIFICATE OF ACCEPTANCE 'AND _ • — ACKNOWLEDGMENT BY CALIFORNIA. COASTAL COMMISSION OF ACCEPTANCE OF IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS THIS CERTIFICATE OF ACCEPTANCE AND ACKNOWLEDGMENT acknowledges and certifies the acceptance by Agua Hedionda Lagoon Foundation, a private nonprofit corporation, of an Irrevocable Offer to Dedicate Public Access Easement and Declaration of Restrictions executed by Enrique Abeledo and recorded on lune 27,1986 as Instrument Number 86-265396^Pages 928-939 of the Official Records of San Diego County (hereinafter the "Offer to Dedicate"), and sets forth conditions of that acceptance with respect to the management and future disposition of the dedicated public access easement. It is the intention of the California Coastal Commission (hereinafter the "Commission") and Agua Hedionda Lagoon Foundation to ensure that the purposes, terms and conditions of the Offer to Dedicate be carried out within a framework established by and among the Commission, Agua Hedionda Lagoon Foundation and the State Coastal Conservancy (hereinafter the "Conservancy") in order to COA-l 6/29/Q4 - . • • ' 5484 ' implement the Commission's Coastal Access Program pursuant to the California Coastal Act of 1976, Public Resources Code Sections 30000 etseq. (hereinafter the "Coastal Act"). I. WHEREAS, the Commission is an agency of the State of California established pursuant to Public Resources Code Section 30300 and is charged with primary responsibility for implementing and enforcing the Coastal Act; and II. WHEREAS, the Conservancy is an agency of the State of California existing under Division 21 of the California Public Resources Code, which serves as a repository for interests in land whose reservation is required to meet the policies and objectives of the Coastal Act or a certified local coastal plan or program; and HI. WHEREAS, Agua Hedionda Lagoon Foundation is a private nonprofit corporation •=. existing under Section 501(c)(3) of the United States Internal Revenue Code and having among its principal charitable purposes the preservation of land for public access, recreation, scenic and open space purposes; and ' "" IV. WHEREAS, as a condition to its approval of Coastal Development Permit Number 6-86-35. the Commission required recordation of the Offer to Dedicate pursuant to Sections 30210- 30212 of ths Coastal Act; and - V. WHEREAS, terms and conditions of the Offer to Dedicate provide, among other things, that (A) the People of the State of California shall accept this Offer to Dedicate through the local government in whose jurisdiction the subject property lies, or through a public agency or a private association acceptable to the Executive Director of the Commission; and (B) acceptance of the Offer to Dedicate is subject to a covenant which runs with the land, providing that any offeree to accept the public access easement may not abandon it but must instead offer the public access easement to other public agencies or private associations acceptable to the Executive Director .of the Commission; and (C) upon recordation of an acceptance of this Offer to Dedicate by the Grantee, this Offer to Dedicate and 2 COA-I 6/I9/W 5485 'terms, conditions, and restrictions shall have the effect of a grant of public access easement in gross and perpetuity that shall run with the land and be binding on the parties; and VI. WHEREAS, Agua Hedionda Lagoon Foundation desires to accept the Offer to Dedicate and accordingly has requested that the Executive Director of the Commission approve it as an acceptable management agency; and VII. WHEREAS, Agua Hedionda Lagoon Foundation is acceptable to the Executive Director of the Commission to be Grantee under the Offer to Dedicate provided that the public access easement will be transferred to another qualified entity or to the Conservancy in the event that Agua Hedionda Lagoon Foundation ceases to exist or is otherwise unable to carry out its responsibilities as Grantee, as set forth in a management plan approved by the Executive Director of the Commission. -— NOW, THEREFORE, this is to certify Agua Hedionda Lagoon Foundation is a private . nonprofit corporation acceptable to the Executive Director of the Commission to be Grantee under the Offer to Dedicate, on the condition that should'Xgua Hedionda Lagoon Foundation cease to exist or fail to carry out its responsibilities as Grantee to manage the public access easement for the purpose of allowing lateral public access and passive recreational use along the lagoon shoreline, then all of Agua Hedionda Lagoon Foundation's right, title and interest in the public access easement shall vest in the State of California, acting by and through the Conservancy or its successor, upon acceptance thereof; provided, however, that the State, acting through the Executive Officer of the Conservancy or its successor agency, may designate another public agency or private association acceptable to the Executive Director of the Commission, in which case vesting shall be in that agency or organization rather than the State. The responsibilities of Agua Hedionda Lagoon Foundation to manage the public access easement shall be those set forth in the Management Plan dated June 6,2007 and maintained in the offices of the Commission and ihe Conservancy (and as the Management Plan may be amended from time to time with the written concurrence of the Executive Director of the Commission, the Executive 3 COA-l 6/29/04 5486 Officer of the Conservancy, and Agua Hedionda Lagoon Foundation). Notwithstanding the foregoing, the right, title and interest of Access For All in the public access easement may not vest in the Conservancy or another entity except upon (1) a finding by the Conservancy, made at a noticed public hearing, that Agua Hedionda Lagoon Foundation has ceased to exist or failed to carry out its responsibilities as set forth in the Management Plan; and (2) recordation by the State or another designated agency or entity of a Certificate of Acceptance, substantially in the form set forth in.'' California Government Code §27281. Nothing herein shall prevent Agua Hedionda Lagoon Foundation from transferring the public access easement to a qualified entity pursuant to the Offer to Dedicate, thereby relieving itself of the obligation to manage the public access easement in accordance with the Management Plan. THIS DOCUMENT FURTHER CERTIFIES THAT Agua Hedionda Lagoon Foundation, a private nonprofit corporation, hereby accepts the Offer to Dedicate pursuant to authority conferred by resolution of the Board of Directors of Agua Hedionda Lagoon Foundation adopted on January 24,2007, and Agua-Hedionda Lagoon Foundation consents to recordation thereof by its duly authorized officer. In accepting the Offer to Dedicate, Agua Hedionda Lagoon Foundation covenants and agrees to the conditions set forth in the Offer to Dedicate and in this Certificate. COA-I • m 5487 IN WITNESS WHEREOF, the Commission and Agua Hedionda Lagoon Foundation have executed this CERTIFICATE OF ACCEPTANCE and ACKNOWLEDGMENT OF ACCEPTANCE OF IRREVOCABLE OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS as of the dates set forth below. Datech— ^ K^C. b CALIFORNIA COASTAL COMMISSION Bdwers, Staff Counsel Dated: AGUAHEDIONDA LAGOON FOUNDATION By:: fc ~^t<. / \ ^^ Eric Munoz, President COA-l STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On , before me, Jeff G. Staben, a Notary Public, personally appeared John Bowers, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signamre(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature JEFF G. STABEN Corem. 31449647 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On nc . before me,Notary Public, personally appeared EncMunoz, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(sXiyare subscribed to the within instrument and acknowledged to me that (Qic/she/they executed the same in (Cipher/their authorized capacities), and that bjQii^her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature KAREN K. JONES Notary PuBdc • CaDtoo*j SanOtegoCourty . My Conun. 6q*« Jon 3. W9 '" COA-l &29XX 1 PLANNING COMMISSION RESOLUTION NO. 6475 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 s GENERAL PLAN TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM RLM TO RLM AND OS ON 6 PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF ADAMS STREET ALONG THE NORTH SHORE OF THE 7 AGUA HEDIONDA LAGOON BETWEEN HIGHLAND DRIVE AND PARK DRIVE WITHIN THE AGUA HEDIONDA 8 SEGMENT OF THE LOCAL COASTAL PROGRAM AND 9 LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: ADAMS STREET SUBDIVISION 10 CASE NO: GPA 06-08 11 WHEREAS, Planning Systems, "Developer," has filed a verified application 12 with the City of Carlsbad regarding property owned by Benjamin & Eunice Medina, and 13 David Graham, "Owner," described as 14 The southeasterly 127.Q feet measured at right angles of Lot 5 15 and that portion of Lot 6, in Block "D" of Bella Vista, in the ,g City of Carlsbad, County of San Diego, State of California, according to map thereof No. 2152, filed in the Office of the 17 County Recorder of said San Diego County, March 7, 1929, lying westerly of a line and the prolongations thereof that is 18 drawn parallel with and distant 300 feet westerly measured at right angles from the easterly line of Lot 6 20 ("the Property"); and 21 WHEREAS, said verified application-constitutes a request for a General Plan 22 Amendment as shown on Exhibit "GPA 06-08" dated October 1, 2008, attached hereto and on file in the Carlsbad Planning Department, ADAMS STREET SUBDIVISION - GPA 06-08, as 24 provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad 25 * Municipal Code; and26 27 WHEREAS, the Planning Commission did, on October 1, 2008, hold a duly 28 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 General Plan Amendment. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning g Commission of the City of Carlsbad, as follows: 7 A) That the above recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 RECOMMENDS APPROVAL of ADAMS STREET SUBDIVISION - GPA 06-08, based on the following findings: 10 Findings: 11 1. The Planning Commission finds that the project is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated October 1, 13 2008 including, but not limited to the following: that the proposed change in General Plan Land Use designation from Residential Low-Medium (RLM) to Open Space 14 (OS) for Parcel 3 of MS 05-29 is based on the environmental constraints of the property and is environmentally appropriate for the site in that the habitat areas within Parcel 3 will be included in an open space habitat preserve area; and, that ,g the Habitat Management Plan requires high-priority resource areas to be designated as Open Space at the time of development. 17 2. The change in General Plan Land Use designation from RLM to OS for the portions 18 of the site proposed for open space habitat preservation is consistent with the adopted General Plan, in that the General Plan Open Space Element requires high- priority resource areas to be designated as Open Space at the time of development. 20 3. The Planning Commission has reviewed each of the exactions imposed on the Developer 21 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 22 degree of the exaction is in rough proportionality to the impact caused by the project. 23 Conditions: 24 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 25 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 2° 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 28 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 General Plan Amendment. PC RESO NO. 6475 -2- 0 Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the General Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. 3 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4 , 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. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 10 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 11 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 13 or indirectly, from (a) City's approval and issuance of this General Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or 14 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the ,, facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 17 approval is not validated. 18 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, ZC 06-07, LCPA 06-08, HDP 05-12, V 07-03, and HMP 07-04 and is subject to all conditions contained in Planning 20 Commission Resolutions No. 6474, 6476, 6477, 6478, 6479, and 6480, for those other approvals incorporated herein by reference, and is subject to all conditions contained 21 in the Planning Director's approval letter for PUD 05-19 and the City Engineers approval letter for MS 05-29. 22 23 24 25 26 27 28 PC RESO NO. 6475 -3- 1 2 3 4 5 ,6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on October 1, 2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Dominguez, and Chairperson Whitton ABSENT: Commissioners Douglas and Montgomery ABSTAIN: 'FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6475 -4- GPA 06-08 Exhibit "GPA 06-08" October 1, 2008 Adams Street Subdivision OS EXISTING PROPOSED Related Case File No(s)ZC 06-07/ LCPA OS-OS/ PUD 05-19; HDP 05-12/ V 07-03; HMP 07-04/MS 05-29 General Plan Land Use Designation Changes Property A.(206-200-01 From: RLM To: RLM;OS 1 PLANNING COMMISSION RESOLUTION NO. 6476 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM R-l-15,000 TO R-l- 4 15,000 AND OS ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF ADAMS STREET ALONG THE NORTH SHORE OF THE AGUA HEDIONDA LAGOON BETWEEN 6 HIGHLAND DRIVE AND PARK DRIVE WITHIN THE AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL 7 PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8 CASE NAME: ADAMS STREET SUBDIVISION 9 CASE NO: ZC 06-07 10 WHEREAS, Planning Systems, "Developer," has filed a verified application 11 with the City of Carlsbad regarding property owned by Benjamin & Eunice Medina, and 12 David Graham, "Owner," described as 13 The southeasterly 127.0 feet measured at right angles of Lot 5 14 and that portion of Lot 6, in Block "D" of Bella Vista, in the City of Carlsbad, County of San Diego, State of California, 15 according to map thereof No. 2152, filed in the Office of the 16 County Recorder of said San Diego County, March 7, 1929, lying westerly of a line and the prolongations thereof that is 17 drawn parallel with and distant 300 feet westerly measured at right angles from the easterly line of Lot 6 18 ("the Property"); and 2Q WHEREAS, said application constitutes a request for a Zone Change as shown on 21 Exhibit "ZC 06-07" dated October 1, 2008, attached hereto and on file in the Planning 22 Department, ADAMS STREET SUBDIVISION - ZC 06-07, as provided by Chapter 21.52 of 23 the Carlsbad Municipal Code; and 24 WHEREAS, the proposed Zone Change is set forth in draft City Council 25 •' Ordinance, Exhibit "X", dated October 1, 2008 and attached hereto as ADAMS STREET26 2? SUBDIVISION-ZC 06-07; and 28 WHEREAS, the Planning Commission did on October 1, 2008, hold a duly noticed" public hearing as prescribed by law to consider said request; and implemented and maintained according to their terms, the City shall have the right to 2 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 3 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 Zone Change. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Zone Change documents, as necessary to make them internally 7 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. 9 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 10 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 13 Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies 14 with all requirements of law. 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 representatives, from and against any and all liabilities, losses, damages, demands, claims 17 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Zone Change, (b) City's 18 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, including without limitation, any and all 20 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 21 been concluded and continues even if the City's approval is not validated. 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-08, LCPA 06-08, HDP 05-12, V 07-03, and HMP 07-04 and is subject to all conditions contained in Planning 24 Commission Resolutions No. 6474, 6475, 6477, 6478, 6479, and 6480 for those other approvals incorporated herein by reference, and is subject to all conditions contained 25 in the Planning Director's approval letter for PUD 05-19 and the City Engineers approval letter for MS 05-29.26 FF 27 28 PC RESO NO. 6476 -3- Exhibit "X" October 1, 2008 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 06-07, 4 FROM R-1-15,000 TO R-1-15,000 AND OS ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF ADAMS 5 STREET ALONG THE NORTH SHORE OF THE AGUA HEDIONDA LAGOON BETWEEN HIGHLAND DRIVE AND PARK 6 DRIVE WITHIN THE AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL '"FACILITIES 7 MANAGEMENT ZONE 1. CASE NAME: ADAMS STREET SUBDIVISION 8 CASE NO.: ZC 06-07 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 06-07," dated October 1, 2008 attached hereto and made a part hereof.13 SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6476 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 06-08 is approved by 1 Q the California Coastal Commission, and the City Clerk shall certify to the adoption of this 20 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- ZC 06-07 Exhibit "ZC 06-07" October 1, 2008 Adams Street Subdivision OS EXISTING PROPOSED Related Case File No(s): GPA 06-08/ LCPA 06-08/ PUD 05-1 9/ HDP 05-12/V 07-03/ HMP 07-04/MS 05-29 Zoning Designation Changes Property A. |206-200-01 From: R-1-15,000 To: R-1-15.000/OS 1 PLANNING COMMISSION RESOLUTION NO. 6477 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM 4 AMENDMENT TO CHANGE THE LCP LAND USE DESIGNATION FROM RLM TO RLM AND OS ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE 6 OF ADAMS STREET ALONG THE NORTH SHORE OF THE AGUA HEDIONDA LAGOON BETWEEN HIGHLAND DRIVE 7 AND PARK DRIVE WITHIN THE AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL PROGRAM AND 8 LOCAL FACILITIES MANAGEMENT ZONE 1. o CASE NAME: ADAMS STREET SUBDIVISION CASE NO: LCPA 06-08 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, Planning Systems, "Developer," has filed a verified application for 14 an amendment to the. Local Coastal Program designations regarding property owned by 15 Benjamin & Eunice Medina, and David Graham, "Owner," described as The southeasterly 127.0 feet measured at right angles of Lot 5 17 and that portion of Lot 6, in Block "D" of Bella Vista, in the City of Carlsbad, County of San Diego, State of California, 18 according to map thereof No. 2152, filed in the Office of the County Recorder of said San Diego County, March 7, 1929, lying westerly of a line and the prolongations thereof that is 20 drawn parallel with and distant 300 feet westerly measured at right angles from the easterly line of Lot 6 21 ("the Property"); and 22 . WHEREAS, said verified application constitutes a request for a Local Coastal £j 24 Program Amendment as shown on Exhibit "LCPA 06-08" dated October 1, 2008, attached 25 hereto, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, 2" Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California 27 Coastal Commission Administrative Regulations; and 28 WHEREAS, the Planning Commission did on October 1, 2008, hold a duly noticed public hearing as prescribed by law to consider said request; and r Conditions: 2 .. .1. If any of the following conditions fail to occur, or if they are, by their terms, to be 3 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 4 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 6 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 7 or a successor in interest by the City's approval of this Local Coastal Program Amendment.8 o 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Local Coastal Program Amendment documents, as necessary 10 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 11 development, different from this approval, shall require an amendment to this approval. 12 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 13 regulations in effect at the time of building permit issuance. 14 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 15 are challenged, this approval shall be suspended as provided in Government Code . , Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies 17 with all requirements of law. 18 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 representatives, from and against any and all liabilities, losses, damages, demands, claims 2Q 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 Local Coastal Program 21 Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 22 (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 24 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 25 ••' 6. This approval is granted subject to the approval of the Mitigated Negative Declaration 26 and Mitigation Monitoring and Reporting Program, GPA 06-08, ZC 06-07, HDP 05- 2-y 12, V 07-03, and HMP 07-04 and is subject to all conditions contained in Planning Commission Resolutions No. 6474, 6475, 6476, 6478, 6479, and 6480 for those other 28 approvals incorporated herein by reference, and is subject to all conditions contained in the Planning Director's approval letter for PUD 05-19 and the City Engineers approval letter for MS 05-29. PC RESO NO. 6477 -3- -!'( LCPA 06-08 (Land Use) Exhibit "LCPA 06-08" October 1, 2008 Adams Street Subdivision OS EXISTING PROPOSED Related Case File Nofs): GPA 06-08/ ZC 06-07/ PUD 05-19/ HDP 05-12/ V 07-03/ HMP 07-04/MS 05-29 LCPA Land Use Designation Changes Property A.206-200-01 From: RLM To: RLM/OS 1 PLANNING COMMISSION RESOLUTION NO. 6478 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO ALLOW FOR THE 4 SUBDIVISION, GRADING AND DEVELOPMENT OF A 1.08-ACRE SITE INTO TWO (2) RESIDENTIAL PARCELS, ONE (1) COMMON AREA PARCEL, AND ONE (1) OPEN 6 SPACE PARCEL;' AND THE CONSTRUCTION OF TWO SINGLE-FAMILY RESIDENCES ON PROPERTY 7 GENERALLY LOCATED ON THE SOUTH SIDE :OF ADAMS STREET ALONG THE NORTH SHORE OF THE AGUA 8 HEDIONDA LAGOON BETWEEN HIGHLAND DRIVE AND 9 PARK DRIVE WITHIN THE AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL 10 FACILITIES MANAGEMENT ZONE 1. CASE NAME: ADAMS STREET SUBDIVISION 11 CASE NO: HDP 05-12 12 WHEREAS, Planning Systems, "Developer," has filed a verified application 13 with the City of Carlsbad regarding property owned by Benjamin & Eunice Medina, and 14 David Graham, "Owner," described as -, x- The southeasterly 127.0 feet measured at right angles of Lot 5 and that portion of Lot 6, in Block "D" of Bella Vista, in the 17 City of Carlsbad, County of San Diego, State of California, according to map thereof No. 2152, filed in the Office of the 18 County Recorder of said San Diego County, March 7, 1929, lying westerly of a line and the prolongations thereof that is drawn parallel with and distant 300 feet westerly measured at 20 right angles from the easterly line of Lot 6 21 ("the Property"); and 22 WHEREAS, said verified application constitutes a request for a Hillside 23 Development Permit as shown on Exhibits "A" - "DD" dated October 1, 2008, on file in the 24 . Carlsbad Planning Department, ADAMS STREET SUBDIVISION - HDP 05-12, as provided 25 by Chapter 21,95 of the Carlsbad Municipal Code; and26 27 WHEREAS, the Planning Commission did on October 1, 2008, consider said 28 request; and roof slopes are oriented in the same direction as the slope; and the building 2 footprints and rooflines are parallel with the natural contours of the slope. 3 6. That the project design and lot configuration minimizes disturbance of hillside lands, in that development is clustered on the northeasterly portion of the site to avoid steep slopes and sensitive habitat, stepped retaining walls are used to minimize the <- grading footprint and maximize hillside and habitat preservation, and the proposed residences are each uniquely designed to step with topography and minimize 6 grading impacts to the site. 7 7. 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. 10 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. 13 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 14 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy , ,- issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 17 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 Hillside Development Permit. 18 . 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 2Q 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 21 development, different from this approval, shall require an amendment to this approval. 22 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. 24 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 25 are challenged, this approval shall be suspended ''as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be 2" invalid unless the City Council determines that the project without the condition complies 27 with all requirements of law. 28 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 'representatives, from and against any and all liabilities, losses, damages, demands, claims PC RESO NO. 6478 -3- . u 1 NOTICE 2 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 A "fees/exactions." 5 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 6 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 o annul their imposition. 9 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 \2 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of-the Planning Commission of the City of Carlsbad, California, held on October 1, 2008, by the following vote, 15 to wit: 16 AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, and 17 Chairperson Whitton 18 NOES: 19 ABSENT: Commissioners Douglas and Montgomery 20 ABSTAIN: 21 22 23 ^FRANK H. WHITTON, Chairperson 24 CARLSBAD PLANNING COMMISSION 25 26 ATTEST: 27 28 DONNEU Planning Director PC RESO NO. 6478 -5- 1 PLANNING COMMISSION RESOLUTION NO. 6479 2 • A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO ALLOW FOR A REDUCTION IN THE 4 REQUIRED PROJECT DRIVEWAY WIDTH TO 16 FEET WIDE, AND AN ENCROACHMENT INTO THE REQUIRED 25 FOOT X 25 FOOT RECREATIONAL PRIVATE REAR YARD 6 AREAS ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF ADAMS STREET ALONG THE NORTH 7 SHORE OF THE AGUA HEDIONDA LAGOON'BETWEEN HIGHLAND DRIVE AND PARK DRIVE WITHIN THE AGUA 8 HEDIONDA SEGMENT OF THE LOCAL COASTAL 9 PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. 10 CASE NAME: ADAMS STREET SUBDIVISION CASE NO: V 07-03 11 WHEREAS, Planning Systems, "Developer," has filed a verified application 13 with the City of Carlsbad regarding property owned by Benjamin & Eunice, Medina, and 14 David Graham, "Owner," described as * ^ The southeasterly 127.0 feet measured at right angles of Lot 5 , f and that portion of Lot 6, in Block "D" of Bella Vista, in the City of Carlsbad, County of San Diego, State of California, 17 according to map thereof No. 2152, filed in the Office of the County Recorder of said San Diego County, March 7, 1929, 18 lying westerly of a line and the prolongations thereof that is drawn parallel with and distant 300 feet westerly measured at right angles from the easterly line of Lot 6 20 ("the Property"); and 21 WHEREAS, said application constitutes a request to allow 1) a reduction in the 22 „_ required project driveway with to 16 feet, and 2)an encroachment into the required 25 foot 24 x 25 foot recreational private rear yard areas; and 25 WHEREAS, said verified application constitutes a request for a Variance as 26 shown on Exhibits "A" - "DD" dated October 1, 2008, on file in the Carlsbad Planning Department, ADAMS STREET SUBDIVISION - V 07-03, provided by Chapter 21.50 of the 28 Carlsbad Municipal Code; and The project architecture is also designed to fit each of the irregularly shaped 2 parcels. The buildings are literally constructed into the hillside and step with topography to minimize grading impacts to the site. Each parcel has been designed 3 to provide a useable yard area that is as close to the required 25 ft. x 25 ft. dimension as is possible without compromising the integrity of the architecture and ^ usefulness of the interior space. Each of the proposed residences is proposing a r structural encroachment of one kind or another into the required rear yard area, thus partially encumbering the private rear yard area. For the residence proposed 5 on Parcel 1, a balcony area overhangs the space above and a stairway is encroaching along one side. For the residence proposed on Parcel 2, a portion of a retaining wall 7 forming the barrier between the open space and the rear yard area is slightly encroaching. However, the combined total area of each rear yard area is more than double the minimum 625 square feet that is required by the Planned Development o regulations, and a minimum dimension of 21 ft. x 21.5 ft. is provided for Parcel 1 and a minimum dimension of 23 ft. x 25 ft. is provided for Parcel 2. The subject 10 property has unusual topographic and environmental constraints, which other properties in the area do not possess. The strict application of driveway width and 11 private rear yard dimension standard would deprive the property of privileges enjoyed by other surrounding properties. 13 2. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is 14 located and is subject to any conditions necessary to assure compliance with this finding, in that unusual topographical and environmental constraints exist on the property, 1 -> which preclude the development of the site as a standard single-family subdivision. ,g The proposed 16 ft. wide driveway will provide safe vehicular access down to the lots; it is consistent with other standard single-family development in the vicinity; 17 and it preserves more habitat/open space then with a 24 ft. wide driveway. The unusual topography and environmental constraints limit the project's ability to a 18 achieve a 25 ft. x 25 ft. useable flat yard area, and expanding the yard areas beyond the proposed limit of the retaining walls will compromise the habitat buffer area and result in more habitat disturbance. As designed, the project provides private 2Q rear yard areas for each residence that greatly exceed the minimum 625 square foot area required by the City's Planned Development regulations. 21 3. That the variance does not authorize a use or activity which is not otherwise expressly 22 authorized by the zone regulation governing the subject property, in that the project is „ proposing custom designed detached single-family homes consistent with the R-l zone and at a density that is consistent with both the existing single-family 24 development surrounding the site and the sites RLM General Plan Land Use designation. 25 4. That the variance is consistent with the general purpose and intent of the general plan and 26 any applicable specific or master plans, in that it will allow for development of two custom designed detached single-family homes consistent with surrounding development and at a density consistent with the Residential Low-Medium Density 28 (RLM) General Plan Land Use designation for the site. The project also complies with General Plan Open Space & Conservation Element Implementing Policies & Action Programs, 1) C.I to utilize sensitive design criteria to preserve the unique PC RESO NO. 6479 -3- Section 66020. If any such condition is determined to be invalid, this approval shall be 2 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 3 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 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 5 or indirectly, from (a) City's approval and issuance of this Variance, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 7 connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 10 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-08, ZC 06-07, LCPA 06-08, HDP 05-12, and HMP 07-04 and is subject to all conditions contained in Planning Commission Resolutions No. 6474, 6475, 6476, 6477, 6478, and 6480 for those 13 other approvals incorporated herein by reference, and is subject to all conditions contained in the Planning Director's approval letter for PUD 05-19 and the City 14 Engineers approval letter for MS 05-29. 7. Prior to issuance of a Grading Permit, the Developer shall apply for and obtain 1,- approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest that substantially conforms to this approval. A signed copy of 17 the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to V 07-03 shall be required. 18 8. This approval shall become null and void if building permits are not issued for this project within 4 years from the date of City Council's approval of GPA 06-08, ZC 06- 20 07, and LCPA 06-08. 21 22 23 24 25 26 27 28 PC RESO NO. 6479 -5- 1 PLANNING COMMISSION RESOLUTION NO. 6480 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE 4 INCIDENTAL TAKE OF SPECIES OF CONCERN FOR THE 5 ADAMS STREET SUBDIVISION PROJECT, ON THE SOUTH SIDE OF ADAMS STREET ALONG THE NORTH SHORE OF 6 THE AGUA HEDIONDA LAGOON BETWEEN HIGHLAND DRIVE AND PARK DRIVE WITHIN THE AGUA HEDIONDA 7 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1 . CASE NAME: ADAMS STREET SUBDIVISION 9 CASE NO: HMP 07-04 10 WHEREAS, Planning Systems, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Benjamin & Eunice Medina, and 12 David Graham, "Owner," described as 13 The southeasterly 127.0 feet measured at right angles of Lot 5 14 and that portion of Lot 6, in Block "D" of Bella Vista, in the , , - City of Carlsbad, County of San Diego, State of California, according to map thereof No. 2152, filed in the Office of the 16 County Recorder of said San Diego County, March 7, 1929, lying westerly of a line and the prolongations thereof that is 17 drawn parallel with and distant 300 feet westerly measured at right angles from the easterly line of Lot 618 19 ("the Property"); and 20 WHEREAS, the City of Carlsbad has received authorization to issue permits to impact various sensitive species and habitats, including species listed as Threatened or 22 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and 23 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; 24 25 26 WHEREAS, the authority stated above is based on a plan titled Habitat 27 Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 2004, referred to as the HMP, and approval of all projects is contingent on a finding of consistency with the HMP; and conservation entity, and is subject to all conditions contained in the Planning 2 Director's approval letter for PUD 05-19 and the City Engineers approval letter for MS 05-29. 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 <- Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation 6 Program Planning Area (SCH No. 93121073). 7 5. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the Adams Street Subdivision project,o 9 6. That the project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable in 10 that the residential development is clustered on the least environmentally sensitive portion of the site and observes a 100 ft. setback from wetlands and 20 ft. upland habitat buffer. In order to prevent negative effects on the existing HMP Hardline 12 Preserve adjacent to the site, mitigation measures have been included with the project to address the interface between the proposed development and the existing 13 habitat, which include fire management; erosion control; landscaping restrictions; fencing, signage, and lighting requirements; and predator and exotic species control. 14 1 <- 7. That adequate funding has been provided to address changed circumstances and adaptive management needs that may be reasonably anticipated in the future, consistent with the 16 HMP Implementing Agreement. 17 8. 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 to compliance with all of the above stated requirements, as well as ongoing monitoring 1 g and reporting to the wildlife agencies and the public. 20 9. That the Planning Director is authorized to sign the Take Permit. 21 10. The Planning Commission hereby finds that all development in Carlsbad benefits from 22 tne Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and 23 provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth 24 Management Plan. Preservation of wildlife habitats and sensitive species is required by 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 26 preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in 27 turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's 2° Habitat Management Plan. PC RESO NO. 6480 -3- approvals incorporated herein by reference, and is subject to all conditions contained in 2 the Planning Director's approval letter for PUD 05-19 and the City Engineers approval letter for MS 05-29. 3 6. Prior to issuance of a Grading Permit, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its r successor in interest that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval 6 is substantially different, an amendment to HMP 07-04 shall be required. 7. This approval shall become null and void if building permits are not issued for this project within 4 years from the date of City Council's approval of GPA 06-08, ZC 06- 07, and LCPA 06-08. 9 NOTICE10 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 12 "fees/exactions." 1 "5 '"You have 90 days from date of final approval to protest imposition of these fees/exactions. If ,4 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 15 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 16 annul their imposition. 17 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 19 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. 21 22 23 24 25 26 27 28 PC RESO NO. 6480 -5- The City of Carlsbad Planning Department EXHIBIT 5 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: October 1, 2008 Application complete date: June 23, 2007 Project Planner: Jason Goff Project Engineer: David Rick SUBJECT: GPA 06-08/ZC 06-07/LCPA 06-08/HDP 05-12/V 07-03/HMP 07-04 - ADAMS STREET SUBDIVISION - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Zone Change, and Local Coastal Program Amendment; and a request for approval of a Hillside Development Permit, Variance, and Habitat Management Plan Permit for the subdivision, grading and development of a 1.08-acre site into two (2) residential parcels, one (1) common area parcel, and one (1) open space parcel, and the construction of two single-family residences on property generally located on the south side of Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive within the Agua Hedionda Segment of the Local Coastal Program and Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6474 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6475, 6476, and 6477 RECOMMENDING APPROVAL of a General Plan Amendment (GPA 06- 08), Zone Change (ZC 06-07), and Local Coastal Program Amendment (LCPA 06-08), and ADOPT Planning Commission Resolutions No. 6478, 6479, and 6480 APPROVING a Hillside Development Permit (HDP 05-12), Variance (V 07-03), and Habitat Management Plan Permit (HMP 07-04), based on the findings and subject to the conditions contained therein. II.INTRODUCTION The proposed project includes a General Plan Amendment (GPA), Zone Change (ZC), Local Coastal Program Amendment (LCPA), Hillside Development Permit (HDP), Variance (V), Habitat Management Plan Permit (HMP), Minor Planned Development Permit (PUD), and Minor Subdivision Map (MS) to allow for the subdivision and residential development of a vacant 1.08-acre parcel (APN 206-200-01) located on the south side of Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive and within the Agua Hedionda Segment of the Local Coastal Program (LCP) and Local Facilities Management Zone 1. The subdivision of land will result in two residential parcels for the development of two custom single-family homes, one common area parcel for a driveway, and one open space parcel for the purpose of habitat preservation. In accordance with the City's Habitat Management Plan (HMP), the preserved lands will be designated as Open Space. Therefore, the project requires a GPA, o GPA 06-08/ ZC 06-077 LCPA 06-08/ HDP 05-12/ V 07-03/ HMP 07-04 - ADAMS STREET SUBDIVISION October 1, 2008 Page 2 ZC, and LCPA. The GPA will also amend the Open Space & Conservation Element of the General Plan to add the OS designation to the Open Space & Conservation Map. The PUD and MS are administrative permits and will be acted upon by the Planning Director and the City Engineer subsequent to the other associated discretionary actions. The HDP, V, and HMP are within the purview of the Planning Commission, and the GPA, ZC, and LCPA are legislative actions that require a recommendation of the Planning Commission to the City Council for approval. The project is located within the Agua Hedionda Segment of the Local Coastal Program. The City does not have coastal development permit authority within the Agua Hedionda Segment of the LCP, and therefore, the California Coastal Commission (CCC) has permit authority of the Coastal Development Permit (CDP). The CDP will be acted upon by the CCC subsequent to the City's action on the other permits. The project has been reviewed for environmental impacts and no unmitigable significant impacts were found. As designed and conditioned, the project is consistent with all applicable standards and policies, and the necessary findings to approve the project can be made. III. PROJECT DESCRIPTION AND BACKGROUND The Adams Street project is located on a 1.08-acre site on the south side of Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive within the Agua Hedionda Segment of the Local Coastal Program and Local Facilities Management Zone 1. The site slopes downward from north to south with approximately 78 feet of elevation change between the highest point of the site at Adams Street and the lowest point of the site at the lagoon edge. Slopes range from mild (5%) to steep (in excess of 40%) with the steepest portions of the site nearest the lagoon. The site is currently undeveloped and contains 0.84 acres of occupied Coastal Sage Scrub (CSS), 0.01 acres of Wetland (Open Water/Rocky Beach), 0.28 acres of Non-native Grassland (NNG), and 0.02 acres of Disturbed Habitat. Surrounding land uses include Adams Street and single-family development to the north, the Agua Hedionda Lagoon to the south, an existing two-story single-family home to the east, and vacant residentially designated land to the west. The project site has an existing General Plan Land Use Designation of Residential Low-Medium Density (RLM), which allows low to medium density residential development (0 to 4 du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac. The site is Zoned One-Family Residential (R-l-15,000), which allows one-family dwellings with minimum 15,000 square foot lots. The surrounding adjacent properties to the north, east, and west have the same General Plan Land Use designation and Zoning classification. To the south is the Agua Hedionda Lagoon, which has a General Plan Land Use designation and Zoning classification of Open Space (OS). The proposed project includes a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Hillside Development Permit, Variance, Habitat Management Plan Permit, Minor Planned Development Permit, and Minor Subdivision Map to allow for the subdivision and residential development of the site. The parcel will be subdivided into four (4) separate parcels. Parcel 1 is approximately 0.16 acres (7,081 sq. ft.) in size and will be developed with a two-story custom home. Parcel 2 is approximately 0.22 acres (9,756 sq. ft.) in size and will also be developed with a two-story custom home. Parcel 3 is approximately 0.60 acres (26,007 sq. ft.) in GPA 06-08/ ZC 06-07/ LCPA 06-087 HDP 05-127 V 07-037 HMP 07-04 - ADAMS STREET SUBDIVISION October 1,2008 Page 3 size and will remain in open space (representing 55% of the project site and 67% of the CSS onsite). Parcel 4 is approximately 0.10 acres (4,415 sq. ft.) in size and will be developed as common area consisting of a driveway and parking area to serve the two proposed residences. The open space parcel (Parcel 3) will have a new General Plan Land Use, LCP Land Use Plan, and Zoning designations of OS. The GPA will also amend the Open Space & Conservation Element of the General Plan to add the OS designation to the Open Space & Conservation Map. The remaining parcels will retain the existing RLM (Residential Low-Medium Density) General Plan Land Use designation and the R-l-15,000 Zoning classification. A Local Coastal Program Amendment is required to reflect the new OS General Plan Land Use designation on the Local Coastal Program Land Use Map. A two-story residence with basement, totaling 3,000 square feet (1st floor = 1,294 sq. ft., 2nd Floor = 1,706 sq. ft.), is proposed on Parcel 1. A two-story residence, totaling 3,243 square feet (1st floor = 1,393 sq. ft., 2nd Floor = 1,850 sq. ft.), is proposed on Parcel 2. Each residence will include a two-car garage fronting on a common motor court. An 8 foot wide public bicycle/pedestrian trail will be constructed on Parcel 3 in accordance with the Agua Hedionda Segment LCP Land Use Plan. As previously discussed, the balance of this parcel will be retained as open space. Given the severe topographic, biological, HMP, and LCP constraints of the site and adjacent properties, full development of the site as a standard single-family subdivision with minimum 15,000 square foot lots is not possible. Accordingly, smaller lot single-family development is proposed on the least environmentally sensitive portions of the site through a PUD. The project requires the extensive use of retaining walls (6 ft. maximum height) and a variance to standards in order to maximize the preservation of on-site sensitive habitats and to develop all structures below the street elevation of Adams Street per the Agua Heidonda LCP Land Use Plan. As such, the site requires 4,838 cy/ac of earthwork to concentrate development in the northeastern portion of the site. The project will impact a maximum 33% (0.27 acres) of the occupied Coastal Sage Scrub, and will preserve the remaining 67% (0.57 acres) in open space, and create an additional 0.54 acres offsite in the coastal zone to result in a "no net loss" of habitat. No impacts to wetland habitat will occur, and impacts to Non-native Grassland and Disturbed Habitat will be mitigated through the payment of in-lieu habitat mitigation fees consistent with the Carlsbad HMP. Variances (V 07-03) to two Planned Development standards are being requested to 1) reduce the common driveway width from 24 feet to 16 feet, and 2) to allow encroachments into the standard 25 ft. x 25 ft. useable private rear yard area. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. Carlsbad General Plan Residential Low-Medium Density (RLM) and Open Space (OS) Land Use designation regulations; B. One Family Residential (R-l-15,000) Zone, Open Space (OS) Zone (Chapters 21.10 and 21.33 of the Carlsbad Municipal Code), and Planned Development Regulations (Chapter 21.45 of the Carlsbad Municipal Code); C. Variance Regulations (Chapter 21.50 of the Carlsbad Municipal Code); GPA 06-087 ZC 06-07/ LCPA 06-087 HDP 05-127 V 07-037 HMP 07-04 - ADAMS STREET SUBDIVISION October 1,2008 Page 4 D. Inclusionary Housing (Chapter 21.85 of the Carlsbad Municipal Code); E. Subdivision Map Act and City of Carlsbad Subdivision Regulations (Title 20 of the Carlsbad Municipal Code); F. Agua Hedionda Local Coastal Program Land Use Plan; and Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code); G. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code); H. Habitat Preservation and Management Requirements (Chapter 21.210 of the Carlsbad Municipal Code); and I. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Zone 1 Local Facilities Management Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in the sections below. A. Carlsbad General Plan Residential Low-Medium Density (RLM) and Open Space (OS) Land Use Designation Regulations The General Plan Land Use designation for the project site is Residential Low-Medium Density (RLM). The RLM designation allows low to medium density residential development (0 to 4 du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac; which is also used for the purposes of calculating the City's compliance with Government Code Section 65584. According to the constraints analysis used for density calculations, 2.56 dwelling units could be located on the site based on 0.8 net developable acres. A total of 2 dwelling units at a density of 1.85 du/ac is proposed. The General Plan Amendment would change the General Plan Land Use designation from RLM to Open Space (OS) on the portion of the site proposed for open space habitat preservation (Parcel 3). 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 1.85 du/ac is within the RLM density range of 0-4 du/ac as specified for the site. The project's proposed density of 1.85 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 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, GPA 06-08/ ZC 06-07/ LCPA 06-087 HDP 05-12/ V 07-03/ HMP 07-04 - ADAMS STREET SUBDIVISION October 1,2008 PageS including second dwelling units, adequate to satisfy the City's share of the regional housing need. Accordingly, 0.56 dwelling units will be deposited in the excess dwelling unit bank. 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 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 Parcel 3. The City's HMP requires designation of the project's 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 OS Zone to designate high-priority resource areas as OS at the time of development. The amendment will redesignate 0.6 acres of the existing RLM designated property to an OS designation to preserve habitat within Parcel 3. The project complies with all elements of the General Plan as illustrated in Table A below: TABLE A - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use Site is designated as RLM (Residential Low-Medium Density; 0-4 du/ac with a GMCPof3.2du/ac). 2.56 single-family dwelling units could be constructed on the site at the GMCP. 2 single-family dwelling units are being proposed. The project's density of 1.85 du/ac is within the RLM density range of 0-4 du/ac and 0.56 dwelling units will be deposited into the City's Excess Dwelling Unit Bank. Yes Designate high-priority resource areas as open space at the time of development. Open space preserve areas (Parcel 3) will be designated as Open Space. Yes Housing Provision of affordable housing. The project is conditioned to pay affordable housing in-lieu fees prior to issuance of a building permit. Yes Public Safety Review new development proposals to consider emergency access, fire hydrant locations and fire flow requirements. The project includes or has been conditioned to provide facilities to ensure that the development proposal complies with Public Safety Requirements. Yes GPA 06-087 ZC 06-077 LCPA 06-087 HDP 05-127 V 07-037 HMP 07-04 - ADAMS STREET SUBDIVISION October 1,2008 Page 6 TABLE A - GENERAL PLAN COMPLIANCE (CONTINUED) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Open Space & Conservation To preserve, protect and enhance those areas of the City that provide unique and special open space functions, including, but not limited to, cultural and visual amenities, active and passive recreational uses, landmarks, buffers between incompatible land uses, wildlife habitats, and unique and desirable vegetation. For purposes of habitat and wildlife preservation, the project is providing a separate 0.6-acre open space parcel. (Parcel 3) located between the proposed residences and the boundaries of the Agua Hedionda Lagoon. A 20 ft. wide upland habitat buffer along with a 100 ft. wide wetland buffer is also being provided between the proposed development area and both the preserved habitat and wetland habitat areas. The visual beauty of the Agua Hedionda Lagoon and Pacific Ocean beyond is maintained through restricting building height, and requiring that all proposed structures are constructed below the street elevation of Adams Street. Lastly, active and passive public recreational uses are provided in the form of an 8 ft. wide bicycle/pedestrian trail within a 25 ft. wide lateral access easement consistent with the Agua Hedionda LCP Land Use Plan and those which have been conditioned and developed on other adjacent parcels located along the Agua Hedionda Lagoon east of the site. Yes Utilize Best Management Practices for control of storm water and to protect water quality Project will conform to all NPDES requirements. Yes GPA 06-087 ZC 06-077 LCPA 06-087 HDP 05-127 V 07-037 HMP 07-04 - ADAMS STREET SUBDIVISION October 1,2008 Page 7 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. Improvements to Adams Street along the project frontage will include an additional 8.2 ft. width of travel lane, an 8 ft. wide pedestrian sidewalk on the west side of Adams Street, and protective guard rail separating the sidewalk and vehicular travel lanes. Yes B. One Family Residential (R-l-15,000) Zone, Open Space (OS) Zone (Chapters 21.10 and 21.33 of the Carlsbad Municipal Code), and Planned Development Regulations (Chapter 21.45 of the Carlsbad Municipal Code) The site is currently zoned One-Family Residential with a 15,000 square foot minimum lot size (R-l-15,000). A Zone Change is proposed as part of the project to redesignate the site as R-l- 15,000 and OS (over the 0.6 acre environmentally sensitive habitat area). This will result in the zoning for the site being consistent with the proposed General Plan Land Use designation of RLM and OS. A Planned Development Permit (PUD) is proposed in order to cluster development on the site. The 1.08-acre site is constrained by both topography and environmentally sensitive habitat. Furthermore, the site is located directly adjacent to the Agua Hedionda Lagoon, which the HMP recognizes as a Hardline Preserve Area. The combined constraints would preclude standard development of the site under the R-l-15,000 Zone. The clustered design is proposed because one of the main purposes of the Planned Development Regulations is to allow for the clustering of development when impacts to environmentally and topographically constrained land would preclude the full development of a site as a standard single-family subdivision. The clustered design is further supported by Implementing Policies & Action Program C.29 of the City's General Plan Open Space & Conservation Element that supports innovative site design techniques such as cluster-type housing and transfer-of-development-rights to preserve sensitive environmental resources and to allow development projects to comply with the City's HMP. Since the project is proposing less than 5 parcels, the PUD is considered minor and the Planning Director can administratively consider the permit. However, because the project is contingent upon additional discretionary actions, including a Variance to two Planned Development standards (i.e., driveway width and rear yard recreational space), the Planning Director will take action on the Minor Planned Development Permit (PUD 05-19) subsequent to the City Council's action on the land use changes. The project meets or exceeds all development standards with exception of driveway width and the required dimension for recreational space (private rear yard). A Variance (V 07-03) is included to deviate from standards, and all findings can be made to support the request (see GPA 06-08/ ZC 06-077 LCPA 06-087 HDP 05-127 V 07-037 HMP 07-04 - ADAMS STREET SUBDIVISION October 1,2008 PageS Section C below). Compliance with the applicable development standards of the Planned Development Regulations are outlined below in Tables B and C, and staff report Attachments 12 and 13 demonstrate project compliance with City Council Policies 44 and 66. TABLE B - GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS (C.M.C. SECTION 21.45.060) STANDARD Visitor Parking Driveway Dwelling Unit Setback from Open Parking Utilities REQUIREMENT 10 units or less: 1 space for each 2 units or fraction thereof. Minimum 24 feet wide with no parking permitted in travel way. All dwelling units shall be set back a minimum of 5 feet from open parking areas. Separate utility systems shall be provided for each unit. PROPOSED 1 visitor parking space is provided on Parcel 2. 1 6 ft. with no parking permitted within the travel lane. Both dwelling units are setback in excess of 5 ft. from the open parking/motor court area. Each residence is providing separate utilities. COMPLY Yes No* Yes Yes • * A Variance to standards is included. Please see the discussion in Section C below. TABLE C - SMALL-LOT SINGLE-FAMILY DEVELOPMENT STANDARDS (CMC SECTION 21.45.070) STANDARD Minimum Lot Size or Exclusive Use Area Maximum Lot Coverage Minimum Lot Width Maximum Building Height REQUIREMENT 5,000 square feet. 40% of the net pad area for 2 story homes on lots equal to or greater than 5,000 square feet 50 feet for single-family development on lots equal to or greater than 5,000 square feet Maximum 30 feet and two stories if a minimum roof pitch of 3/12 is provided, or 24 feet and two stories if less than a 3/1 2 roof pitch. PROPOSED Parcel 1 =7,081 sq.ft. Parcel 2 = 9,756 sq. ft. Parcel 1 = 38.4% Parcel 2 = 39.3% Parcel 1 - 55 ft. Parcel 2 = 105 ft. Parcel 1 = 2-story structure, less than 3/12 roof pitch combined with flat roof, (< 24 ft. building height) Parcel 2 = 2-story structure, 3/12 roof pitch, (24?- 10" building height) COMPLY Yes Yes Yes Yes Yes Yes Yes Yes GPA 06-087 ZC 06-07/ LCPA 06-087 HDP 05-127 V 07-037 HMP 07-04 - ADAMS STREET SUBDIVISION October 1,2008 Page 9 TABLE C - SMALL-LOT SINGLE-FAMILY DEVELOPMENT STANDARDS (CMC SECTION 21.45.070) (CONTINUED) STANDARD | REQUIREMENT | PROPOSED | COMPLY Minimum Front Setback from a driveway (project) Residence: 8 feet Parcel 1 = exceeds 8 ft.Yes Parcel 2 = exceeds 8 ft.Yes Garage: 5 feet Parcel 1 = exceeds 5 ft.Yes Parcel 2 - 5 ft.Yes Minimum Side Yard Setback 1. Two-story homes on lots with a minimum width of 60 feet and all one-story homes regardless of lot width shall have a minimum side yard setback equal to 10% of the lot width on each side. 2. All two-story homes on lots that are less than 60 feet wide shall have a combined minimum side yard setback equal to 25% of the lot width with a minimum side yard setback of 5 feet. Parcel 1 Lot Width is 55 ft., therefore Requirement No. 2 applies. Required: 25% of 55 ft. = 13.75 ft. A combined setback of 13.75ft. is therefore required. Provided: 8 ft. (north side) 11 ft. (south side) A combined setback of 19 ft. is provided. Yes Parcel 2 Lot Width is 105 ft., therefore Requirement No. 1 applies. Required: 10% of 105 ft. = 10.5 ft., which is rounded down to 10 ft.** on each side. Provided:.- 19ft. (east side) 24 ft. (west side) Yes GPA 06-087 ZC 06-07/ LCPA 06-08/ HDP 05-127 V 07-037 HMP 07-04 - ADAMS STREET SUBDIVISION October 1,2008 Page 10 TABLE C - SMALL-LOT SINGLE-FAMILY DEVELOPMENT STANDARDS (CMC SECTION 21.45.070) (CONTINUED) STANDARD REQUIREMENT PROPOSED COMPLY Recreational Space (Private Rear Yard) 25 ft. x 25 ft. (625 sq. ft.) of useable rear yard with no slope gradient greater than 5 percent. Both Parcels 1 and 2 provide greater than 625 sq. ft. of useable rear yard within an area of the property haying slope gradients of less than 5%. However, each private rear yard area does not meet the minimum 25 ft. x 25 ft. clear space dimension. No* Resident Parking Two car garage (minimum 20 feet x 20 feet). Parcel 1:452 sq.ft. 2- car garage provided. Min. 20 ft. x 20 ft. clear space dimension provided. Yes Parcel 2: 450 sq. ft. 2- car garage provided. Min. 20 ft. x 20 ft. clear space dimension provided. Yes * A Variance to standards is included. Please'see the discussion in Section C below. ** Standard R-l zoned properties are required to provide a side yard on each side of the lot, which has a width equal to 10% of the lot width, provided that such side yard shall not be less than 5 ft. in width and need not exceed 10 ft. It was interpreted by the Planning Director that the side yard setback need not exceed 10 ft. consistent with the maximum outlined by the R-l Zone. C. Variance Regulations (Chapter 21.50 of the Carlsbad Municipal Code) Variances to two of the City's Planned Development regulations (Chapter 21.45 of the Carlsbad Municipal Code) are being requested to 1) reduce the required project driveway width from 24 feet to 16 feet, and 2) to allow for encroachment into the required 25 ft. x 25 ft. useable private rear yard area. The required findings with justification for each are contained in Planning Commission Resolution No. 6479. This section summarizes the necessary findings to support each Variance request. There are special circumstances applicable to the subject property, i.e., size, shape, topography, location or surroundings, which through the strict application of the zoning ordinance deprives the property of privileges enjoyed by other property owners within the vicinity and under the identical zoning classification. The subject property is located along the north shore of the Agua Hedionda Lagoon adjacent to an existing City of Carlsbad HMP Hardline Preserve Area and within the Agua Hedionda LCP Land Use Plan. The site is severely impacted by steep slopes and sensitive habitat. The requirements of the LCP Land Use Plan limit development heights of all structures to below the street elevation of Adams Street. The Coastal Resource Protection GPA 06-08/ ZC 06-07/ LCPA 06-08/ HDP 05-111 V 07-03/ HMP 07-04 - ADAMS STREET SUBDIVISION October 1, 2008 Page 11 Overlay Zone restricts development of "dual criteria" slopes. The requirements of the HMP require a 100 foot buffer from wetlands, a 20 foot buffer from upland habitat, and preservation of 67% of the Coastal Sage Scrub onsite. Combined, these constraints create a development envelop that is very small and irregularly shaped. The irregular geometrically shaped parcels that are being proposed are created based on the site constraints, and the project architecture is designed to fit each parcel. Due to the steepness of the existing property, the project driveway must be designed to meander and traverse the entire width of the existing parcel in order to achieve the necessary drop in elevation while complying with driveway slope standards. Furthermore, stepped retaining walls are necessary to construct the footprint of the driveway. Strict adherence to a 24 ft. wide driveway requirement would require larger retaining walls and further encroachment into contiguous sensitive habitat areas of the site. In addition, many other single-family properties in the City with similar slope gradients have driveways of 16 feet or less in width. Therefore, a reduction in the driveway width to 16 ft. is justified in order to allow it to fit within the parcel and still meet driveway slope standards. The project architecture is also designed to fit each of the irregularly shaped parcels. The buildings are literally constructed into the hillside and step with topography to minimize grading impacts to the site. Each parcel has been designed to provide a useable yard area that is as close to the required 25 ft. x 25 ft. dimension as is possible without compromising the integrity of the architecture and usefulness of the interior space. Each of the proposed residences is proposing a structural encroachment of one kind or another into the required rear yard area, thus partially encumbering the private rear yard area. For the residence proposed on Parcel 1, a balcony area overhangs the space above and a stairway is encroaching along one side. For the residence proposed on Parcel 2, a portion of a retaining wall forming the barrier between the open space and the rear yard area is slightly encroaching. However, the combined total area of each rear yard area is more than double the minimum 625 square feet that is required by the Planned Development regulations, and a minimum dimension of 21 ft. x 21.5 ft. is provided for Parcel 1 and a minimum dimension of 23 ft. x 25 ft. is provided for Parcel 2. The subject property has unusual topographic and environmental constraints, which other properties in the area do not possess. The strict application of driveway width and private rear yard dimension standard would deprive the property of privileges enjoyed by other surrounding properties. The Variance does not constitute a grant of special privileges, in that unusual topographical and environmental constraints exist on the property, which preclude the development of the site as a standard single-family subdivision. The proposed 16 ft. wide driveway will provide safe vehicular access down to the lots; it is consistent with other standard single-family development in the vicinity; and it preserves more habitat/open space then with a 24 ft. wide driveway. The unusual topography and environmental constraints limit the project's ability to a achieve a 25 ft. x 25 ft. useable flat yard area, and expanding the yard areas beyond the proposed limit of the retaining walls will compromise the habitat buffer area and result in more habitat disturbance. As designed, the project provides private rear yard areas for each residence that greatly exceed the minimum 625 square foot area required by the City's Planned Development regulations. The Variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property, in that the project is proposing custom designed detached single-family homes consistent with the R-l zone and at a density that is GPA 06-08/ ZC 06-07/ LCPA 06-087 HDP 05-121V 07-037 HMP 07-04 - ADAMS STREET SUBDIVISION October 1,2008 Page 12 consistent with both the existing single-family development surrounding the site and the sites RLM General Plan Land Use designation. The Variance is consistent with the general purpose and intent of the General Plan, in that it will allow for development of two custom designed detached single-family homes consistent with surrounding development and at a density consistent with the Residential Low-Medium Density (RLM) General Plan Land Use designation for the site. The project also complies with General Plan Open Space & Conservation Element Implementing Policies & Action Programs, 1) C.I to utilize sensitive design criteria to preserve the unique and special resources in the City and to integrate them into the design of any development, 2) C.3 to assure that development on hillsides relates to the slope of the land in order to preserve the integrity of hillsides, 3) C.6 to designate as buffers portions of land next to sensitive environmental areas, 4) C.27 to require adequate buffers between new development and environmentally sensitive habitats, and 5) C.29 to support innovative site design techniques such as cluster-type housing and transfer-of-development rights to preserve sensitive environmental resources and to allow development projects to comply with the City's Habitat Management Plan. Lastly, the Variance is consistent with and implements the requirements of the certified Local Coastal Program, does not reduce or in any manner adversely affect the protection of coastal resources, and implements the purposes of the zones adopted to implement the Local Coastal Program Land Use Plan, in that the Variance makes it possible to cluster development, thus avoiding increased impacts to habitat, and furthermore allowing reasonable access to the site and achieving a pad elevation which allows for compliance with the visual resource standards of the Agua Hedionda Local Coastal Program Land Use Plan. D. Inclusionary Housing (Chapter 21.85 of the Carlsbad Municipal Code) Since the application is for less than 7 homes, Chapter 21.85 (Inclusionary Housing Ordinance) allows the applicant to pay an inclusionary housing in-lieu fee with the issuance of a building permit for each dwelling unit in lieu of providing 15% of the total residential units as affordable to lower income households. A condition requiring the payment of the fee is included in the conditions associated with the Minor Planned Development Permit (PUD 05-19). E. Subdivision Map Act and City of Carlsbad Subdivision Regulations (Title 20 of the Carlsbad Municipal Code) The Engineering Department has reviewed the proposed Tentative Parcel Map and has concluded that the Minor Subdivision (MS 05-29), as conditioned, complies with all the applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance and is therefore ready for approval. All infrastructure improvements including street frontage widening and transitions, curb, gutter and sidewalk, and guardrail as well as onsite drainage, sewer and water facilities, are being installed concurrent with development. All easements will be dedicated concurrent with recordation of the parcel map, including reciprocal access and parking easements to serve the two dwelling units. The City Engineer will take action on the Minor Subdivision Map (MS 05-29) subsequent to the City Council's action on the land use changes. GPA 06-08/ ZC 06-07/ LCPA 06-08/ HDP 05-12/ V 07-03/ HMP 07-04 - ADAMS STREET SUBDIVISION October 1,2008 Page 13 F. Agua Hedionda Local Coastal Program Land Use Plan; and Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code). The project is subject to the Agua Hedionda Local Coastal Program Land Use Plan. However, the California Coastal Commission (CCC) has original jurisdiction for all Coastal Development Permits within the Agua Hedionda Segment. The site is also located within and is subject to the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code). The project's compliance with each of these programs and ordinances is discussed below: 1. Agua Hedionda Local Coastal Program Land Use Plan The subject site has an LCP Land Use designation of Residential Low-Medium Density (RLM). The RLM Land Use designation anticipates single-family development at 0 to 4 dwelling units per acre. The project is proposing two single-family residences, which is consistent with the RLM Land Use designation and density regulations. The policies of the Agua Hedionda Segment also 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 LCP Land Use policies as follows: a) there is no historic evidence of agricultural use of the property; b) all portions of all proposed structures will be constructed below the elevation of Adams Street (LCP Policy 8.3a), and therefore project development does not obstruct views of the lagoon as seen from public lands or public rights-of- way; c) the project is consistent with the City of Carlsbad HMP, which has been developed so as to implement and be consistent with all provisions of the LCP; d) the project has been designed to reduce the amount of runoff towards the lagoon and has been conditioned to implement the National Pollution Discharge Elimination System (NPDES) standards; e) the site is geologically stable and the proposed grading for the site has been limited to the least environmentally sensitive portion of the site; and f) the project has been designed and conditioned, in accordance with the LCP Policy 7 - Shoreline Access, to provide lateral public access along the Agua Hedionda Lagoon shoreline in the form of a combination bicycle/pedestrian trail. The project is proposing to develop a combination bicycle/pedestrian trail in accordance with LCP Policy 7 - Shoreline Access. The LCP requires a combination bicycle/pedestrian trail of at least 10 feet in width (LCP Policy 7.3), and specifies that its location be along the shoreline of the Agua Hedionda Lagoon (Exhibits "I" and "J") and within a lateral public access easement of at least 25 feet in width (LCP Policy 7.4). A natural shelf exists in the location of the proposed trail alignment, and it is contiguous to other lateral public access easements that have been secured on other properties adjacent to the site and to the east. However, during the public review period of the Mitigated Negative Declaration (MND), the United States Fish & Wildlife Service (USFWS) expressed concern with its location within the 100 foot wetland buffer area (see Attachment 1 of the MND) and suggested that it be located instead within the first 15 feet of the buffer closest to the residential development. Both City staff and the USFWS recognize a conflict between the HMP and the LCP with respect to the trail alignment, and therefore in the City's response to the USFWS staff documents the steepness of slopes, existing alignment of other trail easements, and impacts to a greater amount of habitat as reasons for not relocating the GPA 06-08/ ZC 06-07/ LCPA 06-08/ HDP 05-12/ V 07-03/ HMP 07-04 - ADAMS STREET SUBDIVISION October 1,2008 Page 14 trail to a higher location on the slope, and instead following the trail alignment that is outlined by the Agua Hedionda Segment of the LCP. Furthermore, the LCP offers no provisions or deviations from standards when a development standard conflicts with environmental constraints. While the trail alignment has been located in the least environmentally sensitive area along the shoreline, it will however impact some sensitive habitat in that area, and will also be located within the 100 ft. wetland buffer area. The area of habitat take resulting from the trail alignment has been included in the project mitigation requirements, and the amount is consistent with the HMP. Given the environmental and topographical constraints of the site, specifically in the area of the trail alignment, the project is proposing a reduction in trail width in order to reduce impacts to habitat from 10 feet to 8 feet. The trail location and reduction has been designed and reviewed in concert with the City's Trail Manager. The reduced trail width will still accommodate two-way bicycle and pedestrian traffic in accordance with the goal of the LCP, but will also allow for two additional lineal feet of habitat preservation across the entire project site. No provisions exist within the Agua Hedionda Segment of the LCP for deviations from standards. However, the California Coastal Act articulates land use priorities for the Coastal Zone, and the highest priority is placed on the preservation and protection of natural resources, including environmentally sensitive habitat area, wetlands, and agricultural lands. Land Use/Development priorities are defined -by the Coastal Act in the following order: 1) preservation of natural resources and environmentally sensitive areas; 2) coastal dependant development (i.e., development requiring a site adjacent to the ocean to function); 3) public recreational uses; 4) visitor-serving commercial recreation; and 5) private residential, industrial, and commercial development. Since the Coastal Act places the highest priorities on preservation of natural resources and environmentally sensitive areas, staff proposes that the reduction in trail width from 10 feet to 8 feet is justifiable and will serve both goals, in that lateral public access in the form of a bicycle/pedestrian trail will be provided, and two additional lineal feet of habitat preservation will occur across the entire project site. The California Coastal Commission (CCC) has permit authority within the Agua Hedionda Segment of the LCP, and will ultimately determine the trail alignment for the project. They have authority to remove the requirement of the trail altogether, or allow for the modifications that the developer is proposing. Staff has tried to balance the goals of the LCP and the HMP in this trail proposal, in that the width of the trail is reduced by 2 feet in order to preserve as much of the quality habitat as possible, while still providing public access that can accommodate two-way bicycle/pedestrian traffic. 2. Coastal Resource Protection Overlay Zone 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: a) preservation of steep slopes and vegetation; b) drainage, erosion, sedimentation, habitat; c) landslides and slope instability; d) seismic hazards, and e) floodplain development. The project's compliance with each of these areas of concern is discussed below: a. Preservation of Steep Slopes and Vegetation. Slopes greater than 25% and possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities are considered "dual criteria" slopes and are protected in the coastal zone. I" GPA 06-08/ ZC 06-077 LCPA 06-08/ HDP 05-127 V 07-037 HMP 07-04 - ADAMS STREET SUBDIVISION October 1,2008 Page 15 The project site contains 0.38 acres of "dual criteria" slopes. A "Dual Criteria Slopes Analysis" was prepared for the project by Planning Systems, with source data provided by O'Day Consultants (Constraints Slope Analysis Map, September, 2005) and Planning Systems Biology Survey (March 2006) (see attached). Dual criteria slope areas are generally considered undevelopable per the Coastal Resource Protection Overlay Zone, unless the application of this policy would preclude any reasonable use of the property, in which case an encroachment not to exceed ten percent (10%) of the steep slope areas over twenty-five percent grade may be permitted. The majority of impacts to dual criteria slopes are in the area of the project driveway as it connects with Adams Street, and along the area of the proposed bicycle/pedestrian trail near the lagoon edge. Impacts to these specific areas are considered unavoidable given the site constraints combined with the development standards of the Agua Hedionda LCP Land Use Plan. Of the 0.38 acres identified as dual criteria slopes, impacts to only 0.02 acres (5.2%) will occur as result of development, which is below the allowable impact percentage. b. Drainage, Erosion, Sedimentation, Habitat. Topographic and vegetation mapping and analysis was prepared as part of the project. Wetland boundaries were identified and a 100 foot buffer area has been provided between the wetland area and the edge of development to buffer sensitive habitat areas from intrusion. In addition, the project was identified as a "priority project" because the site is adjacent to and drains directly to an environmentally sensitive area, i.e. the Agua Hedionda Lagoon. As such, priority projects must incorporate structural best management practices (BMPs) and submit a water quality technical report. A Preliminary Storm Water Management Plan (SWMP) (O'Day Consultants, Inc., December 10, 2007) was prepared for the project. Project grading is designed to match the historical drainage pattern of the site, with the exception of the grading for the footprint of the homes, driveway and yard areas. To the maximum extent practicable, patios, rooftop drains, rain gutters and other impervious surfaces will be routed through vegetated bio-swales, inlet filters, pervious pavers and infiltration trenches before entering storm water conveyance systems as indicated in the project's SWMP. Concrete patios will be constructed of pervious pavement in order to reduce flow from the site. The total post development runoff discharging from the site will not exceed pre-development amounts. Furthermore, construction of the proposed project improvements will comply with all federal, state and local water quality regulations, including the Clean Water Act and associated NPDES regulations. A grading permit is required for the project prior to commencement of grading, which requires review and approval of an erosion control plan. The erosion control plan will employ grading construction Best Management Practices (BMP) which will reduce temporary impacts on water quality. Through implementation of the recommended site design and source control BMPs, post construction impacts to water quality will be mitigated to an acceptable level. c. Landslides and Slope Instability. The Preliminary Geotechnical Evaluation (GeoSoils, Inc., September 28, 2006), indicates that the site contains undocumented artificial fill and colluvium/topsoil underlain by Tertiary-age Santiago Formation. The Preliminary Geotechnical Evaluation indicates that existing artificial fill and colluvium/topsoil materials will require removal and re-compaction in accordance with the recommendations of the report. No evidence of landslide or slope instability was GPA 06-087 ZC 06-077 LCPA 06-087 HDP 05-127 V 07-037 HMP 07-04 - ADAMS STREET SUBDIVISION October 1, 2008 Page 16 identified in the report. In following the geotechnical recommendations contained within the referenced report, the site is suitable for the development of the proposed project, and will not expose people or structures to geotechnical related hazards. d. Seismic Hazards. The Preliminary Geotechnical Evaluation (GeoSoils, Inc., September 28, 2006), indicates that no active or potentially active faults are known to exist on or in the vicinity of the project site. The report found that the site has a relatively low risk of exposure to seismic hazards and a very low risk of liquefaction. e. Flood Plain Development. The foundation for the lowest portion of structure is located approximately 45 ft. above mean sea level (msl). No new structures or fill are being proposed within the one hundred year floodplain area. G. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code) The site has a grade elevation change greater than 15 feet and slopes greater than 15%, therefore the project requires a Hillside Development Permit (HDP). 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 Parcel 3. The site does contain "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. The project does impact 0.02 acres (5.2%) of the 0.38 acres of dual criteria slopes. As discussed above in Section F.2.a, these impacts are considered unavoidable given the constraints of the site. The development proposal is consistent with the intent, purpose, and requirements of the Hillside Regulations, in that the site has been designed to step development consistent with the natural terrain sloping from north to south; roof slopes are oriented in the same direction as the slope; the building footprints and rooflines are parallel with the natural contours of the slope; and grading quantities are within "acceptable" levels, less than 8,000 cubic yards per acre. H. Habitat Preservation and Management Requirements (Chapter 21.210 of the Carlsbad Municipal Code) The project site is located along the north shore of the Agua Hedionda Lagoon and is identified in the City of Carlsbad's HMP as developable. The surrounding environment includes Adams Street and single-family development to the north, Agua Hedionda Lagoon to the south, an existing two-story single-family home to the east, and vacant residentially designated land to the west. The HMP identifies Agua Hedionda Lagoon as an Existing Hardline Preserve Area, the adjacent vacant land to the west as a Standards Area, and the subject property as a Development Area. The HMP conservation goals require conservation of the majority of sensitive habitats in or contiguous with biological core areas, including a "no net loss" of wetland habitat, and preservation of coastal sage scrub and maritime succulent scrub adjacent to lagoons. The HMP has additional conservation standards for properties within the Coastal Zone. The HMP requires a 100-foot buffer from wetlands, and also a 20-foot buffer for all other native habitats (i.e., coastal sage scrub) between preserved habitats and development. The HMP requires preservation GPA 06-087 ZC 06-077 LCPA 06-087 HDP 05-127 V 07-037 HMP 07-04 - ADAMS STREET SUBDIVISION October 1, 2008 Page 17 of 67% the Coastal Sage Scrub (CSS) onsite, with a "no net loss" of CSS within the Coastal Zone. Project impacts to occupied CSS require a 2:1 mitigation ratio with a minimum 1:1 creation component that achieves the "no net loss" standard. Onsite preservation is not eligible for mitigation credit in the Coastal Zone. As part of the project, a Preliminary Biological Assessment (Planning Systems, May 9, 2007) was prepared. According to the report, the site contains four vegetative communities: Coastal Sage Scrub (CSS), Non-native Grassland (NNG), Wetland (Open Water/Rocky Beach), and Disturbed. The proposed project, including the development of a pedestrian/bicycle trail per the Agua Hedionda Lagoon Segment of the LCP, will result in impacts to CSS, NNG and Disturbed habitat areas as illustrated below in Table D. No impacts will occur to the wetland habitat located along the terrestrial margins of the lagoon. The subject site is identified as Development Area in the HMP; however mitigation is required for impacts to sensitive habitats. Table 11 (Pg. D-113) of the HMP identifies mitigation ratios for impacts to habitats identified as sensitive in the HMP. The HMP allows impacts to NNG and disturbed habitat areas to be mitigated through the payment of an in-lieu mitigation fee. Tables D and E below summarize the impacts to vegetation types and identify the proposed mitigation for those impacts: TABLE D - VEGETATION IMPACTS HABITAT Group A - Wetland (Open Water/Rocky Beach) Group C — Occupied Coastal Sage Scrub Group E - Annual (Non- Native) Grasslands Group F - Disturbed Lands Totals ACRE(S) 0.01 0.84 0.28 0.02 1.15* IMPACTS 0.00 0.27 0.25 0.02 0.54 "Total project acreage = Lot + R.O.W. + Off-site Road Improvements (1.08 + 0.06 + 0.01 = 1.15 acres) GPA 06-087 ZC 06-077 LCPA 06-08/ HDP 05-127 V 07-037 HMP 07-04 - ADAMS STREET SUBDIVISION October 1,2008 Page 18 TABLE E - PROPOSED MITIGATION FOR IMPACTS TO VEGETATION COMMUNITIES VEGETATION COMMUNITY Wetland (Open Water/Rocky Beach) Occupied Coastal Sage Scrub** Annual (Non- Native) Grassland*** Disturbed Totals EXISTING ACREAGE 0.01 0.84 0.28 0.02 1.15* IMPACTED ACREAGE 0.00 0.27 (33%) 0.25 0.02 0.54 MITIGATION RATIO 2:1 In-lieu fee for Habitat Group E In-lieu fee for Habitat Group F MITIGATION REQUIREMENT No Impact 0.57 acres (67%) will be preserved onsite as Open Space (Parcel 3) 0.54 acres of offsite CSS creation or acquisition/ preservation within the Coastal Zone is required. In-lieu fee In-lieu fee * Total project acreage = Lot + R.O.W. + Off-site Road Improvements (1.08 + 0.06 + 0.01 = 1.15 acres) ** Coastal Sage Scrub is assumed to be occupied. *** Any remaining NNG (0.03 acres) will be revegetated with a higher value habitat type such as CSS. The biological assessment that was prepared for the project indicated that no sensitive plant species listed by the United States Fish & Wildlife Service (USFWS), California Department of Fish & Game (CDFG), or the HMP were observed on the site. A listing of the sensitive plant species with a "potential to occur" on the property was prepared. The only species listed in the report as having a high potential for occurrence onsite was the Del Mar Mesa Sand Aster (Corethrogyne filaginifolia var. linifolia). As such, the site was intensively searched and determined not to be present. The majority of other sensitive plant species listed in the report were identified as having a low potential to occur onsite. In addition to the USFWS, CDFG, and HMP listed sensitive plant species, two species listed on the California Native Plant Society Inventory of Rare and Endangered Plants were observed onsite outside of the area proposed for development in close proximity to the lagoon edge. These two plants are identified as: Spineshrub (Adophia californica), colonizing the slopes just above the flat bench near the lagoon edge, and Southwestern spiny rush (Juncas acutus ssp. Leopoldii), occurring on the bench just above the lagoon water surface. These plant species are located in an area outside of development, which is being preserved in permanent Open Space (Parcel 3) as part of this project. GPA 06-087 ZC 06-07/ LCPA 06-087 HDP 05-127 V 07-037 HMP 07-04 - ADAMS STREET SUBDIVISION October 1,2008 Page 19 With respect to sensitive wildlife species, the preliminary biological assessment indicated that no species listed as threatened or endangered by the state and federal resource agencies were observed or are expected to exist onsite, other then the federally-listed threatened California gnatcatcher (CAGN). A focused survey for the CAGN was prepared by Lincer & Associates dated November 22, 2006. Three surveys of the site were conducted in accordance with the USFWS guidelines. During one of three surveys (October 20, 2006), three CAGN were observed on the site, and also on the adjacent vacant site to the west. The CAGN were observed briefly foraging in the middle of the subject site and along the lagoon shoreline. According to the report, the fact that the birds were only observed once during three visits to the site, and given the quality of the adjacent habitat, suggests that the CAGN are spending a substantial amount of time off of the subject parcel and on the adjacent undeveloped lots that still support CSS. Impacts to the CAGN are being mitigated by: 1) clustering development on the least environmentally sensitive portion of the site; 2) preservation of up to 67% (0.57 acres) of the CSS onsite; 3) creation, acquisition/preservation of up to 0.54 acres of CSS offsite, but within the Coastal Zone; 4) managing the preserve areas to minimize edge effects, control predators, and restrict human disturbance; 5) eliminating requirements for fire management in the preserve area by utilizing fire rated construction for homes; and 6) where opportunities arise, restoring any remaining NNG areas within the project area with CSS. A preserve management program will be included in the long-term management and maintenance plan for the preserved open space. In addition, to protect CAGN breeding, mitigation measures are included with the project that would prohibit clearing, grubbing, grading or other construction activities in the CSS 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 of CSS. With respect to sensitive wetland habitats, the biological assessment identified approximately 0.01 acres of open water/rocky beach area on the subject site along the terrestrial margins of the Agua Hedionda Lagoon, which support wetland habitats. To identify potential "waters of the United States" and jurisdictional wetlands subject to regulation by the United States Army Corps of Engineers (USAGE), CDFG, the Regional Water Quality Control Board (RWQCB) and the California Coastal Commission (CCC), the report referenced a wetland delineation study that was prepared by Dudek & Associates in 1998 and 2001 for the North Agua Hedionda Interceptor Western Segment Sewer Maintenance Project. This jurisdictional wetlands delineation included the southern edge of the subject property. According to the wetland delineation study, the wetland boundary follows the 5 foot above mean sea level (MSL) contour along the southern edge of the subject property. A survey of the property above the 5 foot contour resulted in no observation of the standard wetland indicators (hydric soils, wetland hydrology, or wetland plants). No incised channels that would constitute non-wetland jurisdictional areas were observed. Based on these observations, it is determined that all jurisdictional and non-jurisdictional wetland areas are confined to the area below the 5 foot contour onsite. The HMP Zone 1 conservation goals require a no net loss of wetland habitat. To mitigate any potential impact to the wetland area, the project has been designed in accordance with the HMP to provide a 100 foot buffer between the wetland habitat area and GPA 06-087 ZC 06-07/ LCPA 06-087 HDP 05-127 V 07-037 HMP 07-04 - ADAMS STREET SUBDIVISION October 1,2008 Page 20 project development. Since the project does not encroach into any of this area, combined with the requirement of a 100 foot wetland buffer, there are no project related impacts to wetlands. In order to prevent negative effects on the existing HMP Hardline Preserve, mitigation measures have been included with the project to address the interface between the proposed development and the existing habitat. These include fire management; erosion control; landscaping restrictions; fencing, signage, and lighting requirements; and predator and exotic species control. Additionally, in accordance with the HMP, the open space area (Parcel 3) 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. With the approval of this project, the HMP Hardline boundary will be modified to include the open space area. The conditioned mitigation will result in a less than significant impact to biological resources. I. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Zone 1 Local Facilities Management Plan 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 (Carlsbad) Sewer Collection System Water IMPACTS 6.9534 sq. ft. 3.70848 sq. ft. 2EDU 0.01 39068 acres 1.2 CFS 7 Drainage Basin "B" 20ADT Fire District 1 Acres Provided = 0.72 ac. Elementary = 0.6 Middle School = 0.223 High School = 0.1 992 2EDU 1,100GPD COMPLY Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes The proposed project is 0.56 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 2.56 units and 2 units are proposed. 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 GPA 06-08/ ZC 06-07/ LCPA 06-087 HDP 05-12/ V 07-037 HMP 07-04 - ADAMS STREET SUBDIVISION October 1,2008 Page 21 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 both biological and cultural resources, as well as exposure of people or structures to wild land fire. Mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. 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. One public comment letter was received during the 30-day public review period from February 26, 2008 to March 27, 2008, along with a request from the United States Fish & Wildlife Service (USFWS) for 10 additional days to review and comment. A comment letter from the Native American Heritage Commission (NAHC), dated March 20, 2008, was received during the 30-day public review and comment period. No response to comments was necessary, as compliance with all points of the NAHC comment letter had already been addressed through compliance with Senate Bill 18 procedures pertaining to Native American Consultation. Requirements for a Pre-Excavation Agreement and tribal monitoring from a representative of the San Luis Rey Band of Mission Indians are included as mitigation measures in the MMRP. USFWS comments were later received on April 4, 2008 via email. The USFWS comments and staffs responses are included as part of the MND (Attachment 1 of the MND). ATTACHMENTS: 1. Planning Commission Resolution No. 6474 (MND) 2. Planning Commission Resolution No. 6475 (GPA) 3. Planning Commission Resolution No. 6476 (ZC) 4. Planning Commission Resolution No. 6477 (LCPA) 5. Planning Commission Resolution No. 6478 (HDP) 6. Planning Commission Resolution No. 6479 (V) 7. Planning Commission Resolution No. 6480 (HMP) 8. Location Map 9. Background Data Sheet 10. Local Facilities Impact Assessment Form 11. Disclosure Statement 12. City Council Policy 44 Compliance Table 13. City Council Policy 66 Compliance Table 14. Draft copy of PUD 05-19 conditions of approval 15. Draft copy of MS 05-29 conditions of approval 16. Dual Criteria Slopes Analysis 17. Reduced Exhibits 18. Full Size Exhibits "A" - "DD" dated October 1, 2008 NOT TO SCALE SITEMAP Adams Street Subdivision GPA 06-087 ZC 06-07 / LCPA 06-08 / PUD 05-19 / HDP 05-12 / V 07-03 / HMP 07-04 / MS 05-29 BACKGROUND DATA SHEET CASE NO: GPA 06-08/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07- 04/MS 05-29 CASE NAME: ADAMS STREET SUBDIVISION APPLICANT: Planning Systems REQUEST AND LOCATION: Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Zone Change, and Local Coastal Program Amendment; and a request for approval of a Hillside Development Permit, Variance, and Habitat Management Plan Permit for the subdivision, grading and development of a 1.08-acre site into two (2) residential parcels, one (1) common area parcel, and one (1) open space parcel, and the construction of two single-family residences on property generally located on the south side of Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive within the Agua Hedionda Segment of the Local Coastal Program and Local Facilities Management Zone 1. LEGAL DESCRIPTION: The southeasterly 127.0 feet measured at right angles of Lot 5 and that portion of Lot 6, in block "D" of Bella Vista, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 2152, filed in the Office of the County Recorder of said San Diego County, March 7, 1929, lying westerly of a line and the prolongations thereof that is drawn parallel with and distant 300 feet westerly measured at right angles from the easterly line of Lot 6. APN: 206-200-01 Acres: 1.08 Proposed No. of Lots/Units: 4 parcels, 2 units GENERAL PLAN AND ZONING Existing Land Use Designation: RLM Proposed Land Use Designation: RLM/OS Density Allowed: 0-4 du/ac Density Proposed: 1.85 du/ac Existing Zone: R-l-15.000 Proposed Zone: R-l-15.OOP/OS Surrounding Zoning, General Plan and Land Use: General Plan Current Land Use Site R-l-15,000 RLM Vacant North R-l-15,000 RLM Single-family dwelling South OS OS . Agua Hedionda Lagoon East R-l-15,000 RLM Single-family dwelling West R-l-15,000 RLM Vacant Revised 01/06 LOCAL COASTAL PROGRAM Coastal Zone: [>3 Yes | | No Local Coastal Program Segment: Agua Hedionda Within Appeal Jurisdiction: I I Yes IXI No* Coastal Development Permit: | | Yes 1X1 No* * Area of Deferred Certification. CDP is issued by the California Coastal Commission. Local Coastal Program Amendment: 1X1 Yes I I No Existing LCP Land Use Designation: RLM Proposed LCP Land Use Designation: RLM/OS Existing LCP Zone: N/A Proposed LCP Zone: N/A PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 2 EDU ENVIRONMENTAL IMPACT ASSESSMENT [~~l Categorical Exemption, Mitigated Negative Declaration, issued October 1, 2008 I | Certified Environmental Impact Report, dated D Other, Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Adams Street Subdivision - GPA 06-08/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29 LOCAL FACILITY MANAGEMENT ZONE: 1 GENERAL PLAN: RLM ZONING: R-l-1 5,000 DEVELOPER'S NAME: Planning Systems ADDRESS: 1530 Faraday Avenue, Ste. 100, Carlsbad, CA 92008 PHONE NO.: (760) 931-0780 ASSESSOR'S PARCEL NO.: 206-200-01 QUANTITY OF LAND USE/DEVELOPMENT (AC., SO. FT., DU): 1.08 acres ESTIMATED COMPLETION DATE: Unknown A. City Administrative Facilities: Demand in Square Footage = B. Library: Demand in Square Footage = C. Wastewater Treatment Capacity 6.9534 sq. ft. 3.70848 sq. ft. 2EDU ' I. J. K. L. (Calculate with J. Sewer) D. Park: E. Drainage: F. Circulation: G. Fire: H. Open Space: Demand in Acres = Demand in CFS = Identify Drainage Basin = Demand in ADT - 0.0139068 ac. 1.2 CFS Basin "B" 20 ADT Served by Fire Station No. = 1 &3 Acreage Provided : Parcel 1 = 0.04 acres Parcel 2 = 0.08 acres Parcel 3 = 0.60 acres Schools (Carlsbad Unified): Sewer (Carlsbad): Water (Carlsbad): Elementary School = Middle School = High School = Demands in EDU = Demand in GPD = 0.6 0.223 0.1902 2 EDU 1,100 GPD The project is 0.56 units below the Growth Management Dwelling unit allowance. City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittai, Your project cannot be reviewed until this information is completed. Please print. Note: - " \ ~ ^. " * ^ ^ - ~'^~-~ ~ ~ ' -~ Person is defined as "Any indlviduaLfirm, co-partnership,'joint venture, association, social club, fraternal organization, corporation^ estate, trust, receiver, syndicate, in thfs and any other_county,' city and county, city municipality, district or other political ^subdivision or any other group orcombinatlon acting as a unit" - "•» Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below, j, ^ 1. APPLICANT {Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, Include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) David Graham 6bYp//£^ft Ben MedlnaPerson_ Title Title Address 5190 Choccliff CA91902Address 305 E. 8th St. National City, CA 91950 OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership^ interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person David Graham Title Ben Medina Title Address 305 E. 8th St. NationalCity,CA 91950 Address 5190 Choccliff Doni-fca, CA 019C 1635 Faraday Avenue • Carlsbad, CA 92008-7 (760) 602-8559 • www.ci.cartsbad.ca.us 3.NON-PROFIT ORGANIZATION OR TRUST jf any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. Jist the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust _ Non Profit/Trust _ Title Title Address Address. 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? ( I Yes |x | No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. certify that all the above information is true and correct to the best of my knowledge. Signature of ow Signature of David Graham/Ben Medina Print or type name of owner David Graham/Ben Medina Print or type name of applicant Signature of owner/applicant's agent if appficable/date Paul J. Klukas Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 12/05 Page 2 of 2 CITY COUNCIL POLICY 44 NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES (Adams Street Subdivision - PUD 05-19) Applicability New single-family and two-family residential projects of 2-4 homes shall comply with architectural guidelines 1,2, 3,4, 9,10,11, 13,14,15,16,17 and 18. 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: 1X1 2-4 dwelling units shall provide 1 floor plan and 2 different elevations. I | 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. I I 21+ dwelling units shall provide 3 different floor plans and 3 different elevations. Two custom floor plans proposed. Parcel 1 (Graham Residence) 3,000 sq. ft. two-story w/ basement Parcel 2 (Medina Residence) 3,243 sq. ft. two-story w/ basement Project complies. 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. Architecture for both residences are custom designed. All elevations are uniquely designed and incorporate unique forms, details and materials. Project complies. 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 D D Balconies Decorative eaves and fascia Exposed roof rafter tails Arched elements Towers I | Knee braces I | Dormers 1X1 Columns 1X1 Exterior wood elements [XI Accent materials (i.e.; brick, stone, shingles, wood or siding) The architecture for both residences incorporate unique design features and at a minimum include 4 complementary design features. Project complies. CITY COUNCIL POLICY 44 - NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES (CONTINUED) (Adams Street Subdivision - PUD 05-19) Architectural Guideline Compliance Comments Floor plans in a project shall exhibit a variety of roof ridges and roof heights within a neighborhood. Parcel 1 (Graham Residence) incorporates both flat and sloped roof elements. Parcel 2 (Medina Residence) incorporates varied roof design with a 4:12 roof pitch throughout. Project complies. Single Story Requirements The remaining total number of homes shall comply with one of the following guidelines: 1X1 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 architecture for both residences is designed to step with hillside topography. Each house has a one-story building edge across the entire street elevation, and provides a courtyard along one side that is a minimum 15 ft. wide and is setback a minimum of 15 ft. from the property line. Project complies. CITY COUNCIL POLICY 44 - NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES (CONTINUED) (Adams Street Subdivision - PUD 05-19) 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. Parcel 1 (Graham Residence): Lot width is 55 ft., 4 planes req. North Elevation (Street Side): 8 plane changes East Elevation (facing driveway): 4 plane changes All plane changes meet the minimum 18 inch offset and 30 sq. ft. dimension requirement. The depth between the forward- most plane and rear plane is 12.5 ft. Parcel 2 (Medina Residence): Lot width is 105 ft., 4 planes req. North Elevation (Street Side): 5 plane changes All plane changes meet the minimum 18 inch offset and 30 sq. ft. dimension requirement. The depth between the forward- most plane and rear plane is 11 ft. Project complies. CITY COUNCIL POLICY 44 - NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES (CONTINUED) (Adams Street Subdivision - PUD 05-19) Architectural Guideline Compliance Comments Multiple Building Planes (continued) 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. Parcel 1 (Graham Residence): 7 plane changes The depth between the front and back plane on the rear elevation is 47 ft. Parcel 2 (Medina Residence): 11 plane changes (including the balcony) The depth between the front and back plane on the rear elevation is 20ft. Project complies. 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). The architectural design of each custom home incorporates windows and doors that are recessed in excess of the minimum 2 inch depth. Project complies. 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. All windows are custom designed and enhance the architectural form and style of the house through, the use of signature windows and varied window shapes and sizes. Project complies. CITY COUNCIL POLICY 44 - NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES (CONTINUED) (Adams Street Subdivision - PUD 05-19) 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 fa?ade 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. Parcel 1 (Graham Residence) proposes an open courtyard entry. Parcel 2 (Medina Residence) proposes a covered porch entry located at the front of the dwelling with a minimum 6 ft. depth and minimum area of 60 sq. ft. The porch has cantilevered top and is open on three sides. Project complies. 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. Both residences are custom designed below the elevation of the public street (Adams Street). However, both propose a front entrance that is visible from the private driveway and include a detached walkway leading from the front door to the street. Project complies. 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. Both homes include a custom designed chimney and chimney cap that is in scale with the size of the proposed home. Project complies. 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. Not Applicable. Both homes propose two-car garages. CITY COUNCIL POLICY 66 - LIVABLE NEIGHBORHOODS (Adams Street Subdivision - PUD 05-19) 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. Compliance with the Aqua Hedionda Segment of the LCP requires all structures be constructed below the street elevation of Adams Street. Therefore, both homes have been sited below the street elevation and are not visible to the public right of way along Adams Street. However, each home has facades that create interest and character, are significantly articulated, have identifiable front doors, and include courtyard and porches at the front entries, which face out towards the project driveway. 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. As discussed above, the homes are to be constructed below the street elevation of Adams Street and therefore do not include garages facing the public street. However, the project does include a motor court type garage configuration at the end of a long meandering driveway. 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. Not applicable, given the topographic and environmental site constraints. CITY COUNCIL POLICY 66 - LIVABLE NEIGHBORHOODS (Adams Street Subdivision - PUD 05-19)(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. Not applicable, given the topographic and environmental site constraints. 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. Project improvements to Adams Street along the project's street frontage will include sidewalks per City standards. 6 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 is a small-lot planned development of only 2 residential structures. A Planned Development Permit is required because of the severe topographic and • environmental constraints. The project complies with providing individual private recreation area. Given the site constraints, and the requirements of the Planned Development regulations, a centralized community recreation area is not required. Dr. Ben & Eunice Medina, Dr. David Graham P.O. Box1766 Bonita, CA91908 SUBJECT: PLANNED DEVELOPMENT PERMIT (PUD 05^19) - ADAMS STREET SUBDIVISION ,;' :; vi i, • i « i"!;i > 'jiThe City has completed its review of a Planned Development,; Permjt for the subdivision, grading and development of a 1.08-acre site into two (2) residential(;pafcels, one (1) common area parcel, and one (1) open space parcel; and the construction ,qf'ftwo single-family residences on property generally located on the south side of Adams Street&long the !north shore of the /foua* Hedionda Lagoon between Highland Drive and Park Drive 'witliirvihe AguajjIHedionda Segment of the Local Coastal Program and Local Facilities Management Zone 1'.!' ,,1- '*•.I'- ll is the Planning Director's determination,that based on the'attached findings and conditions of approval; the project is consistent with thejjCity of Carlsbad Planned Development Regulations (Chapter 21.45 of the Carlsbad Municipal Code) a'nd.with all other applicable City Ordinances and ri I- • '!> " "' i'il> >'Policies. ', -I' ><,ti > .'. ,< ' , •'; ,>;.Jij'This letter, including the listed findings and condjtiqns of approjjajrconstitutes approval of a Planned Development Permit (PUD 05-19),for the Adams Street Subdivision. '••;' '!; Findings:* , J! •' 1. That the proposed 'project Icbrhbljes .with,,all applicable development standards included withinf||||||apter,21.45, inlthat the*proposed lots comply with the minimum lot sizes, visitor parking is provided onsite, and the homes are set back appropriately from their Respective property lines, j do not exceed the maximum building height, and are ^covering less than 40% of triejriet pad area. 2. That' the proposed project's'density, site design, and architecture are compatible with surrounding development, in that the site is surrounded to the north and east by single- family residential uses at similar densities, Open Space to the south, and a vacant RLM General Plan designated parcel to the west. The site design proposes clustering of development in* the northeasterly portion of the site, and incorporates a 100 ft. setback from wetlands that are located along the shore of the Agua Hedionda Lagoon, and also proposes a 20 ft. upland habitat buffer from development. The proposed architecture is considered custom and has been designed to step with topography and follow the natural terrain. The architecture considers visual resources and the building heights for both residences have been sited below the street elevation of Adams Street to preserve lagoon view and distant ocean views. 3. The City Council 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 for the ADAMS STREET SUBDIVISION - GPA 06-08/ZC 06-07/LCPA 06-08/HDP 05-12N 07- 03/HMP 07-04 dated October 1, 2008 including, but not limited to the following: PUD05-19 - ADAMS STREET SUBDIVISION Page 2 a. The proposed density of 1.85 dwelling units per acre (2 du) is within the RLM density range of 0-4 du/ac, and below the RLM GMCP of 3.2 du/ac used for the purpose of calculating the City's compliance with Government Code Section 65863. At the RLM GMCP, 2.56 units would be permitted on this 0.8 acre (net developable) property. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects, including fractional units, are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units (0.56 DUs) 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; b. The project is designating high-priority resource areas in an open space Parcel 3 (as shown on MS 05-29); c. Provisions for affordable housing are made in the form of in-lieu fees paid prior to the issuance of a building permit; d. The project includes or has been conditioned to provide facilities to ensure that the development proposal complies with all applicable Public Safety Requirements; e. The project preserves, protects and enhances those areas of the City that provide unique and special open space functions, including, but not limited to, cultural and visual amenities, active and passive recreational uses, landmarks, buffers between incompatible land uses, wildlife habitats, and unique and desirable vegetation in that, a separate 0.6-acre open space Parcel 3 is provided between the proposed residences and the boundaries of the Agua Hedionda Lagoon; a 20 ft. wide upland habitat buffer along with a 100 ft. wide wetland buffer is provided between the proposed development area and both the preserved habitat and wetland habitat areas; the visual beauty of the Agua Hedionda Lagoon and Pacific Ocean is maintained through restricting building height and requiring that all proposed structures are constructed below the street elevation of Adams Street; and active and passive public recreational uses are provided in ithe form of an 8 ft. wide public bicycle/pedestrian trail consistent with those which have been conditioned and developed on other adjacent parcels located along the Agua Hedionda Lagoon east of the site; f. The project will utilize Best Management Practices for control of storm water and to protect water quality, in that it will conform to all applicable NPDES requirements; and g. Circulation improvements to Adams Street along the project frontage will include an additional 8.2 ft. width of travel lane, an 8 ft. wide pedestrian sidewalk, and protective guard rail separating the sidewalk and vehicular travel lanes. 4. 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; PUD05-19 - ADAMS STREET SUBDIVISION Page3 drainage; circulation; fire; schools; parks and other recreational 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. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 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. d. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 6. That the City has adopted a Citywide Trails Program and a segment of the trail network is associated with this project. The applicant shall prepare and submit a trail plan for approval by the Park and Recreation Director prior to construction. Construction shall be inspected to ensure conformity with the Standards for Design and Construction of Public Works Improvements in the City of Carlsbad ("Standards"); Trail Construction Standards; and the approved plans. V 7. The Planning Director has determined that: a. the project is a(n) project for which a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program - ADAMS STREET SUBDIVISION - GPA 06-08, ZC 06-07, LCPA 06-08, PUD 05-19, HDP 05-12, V 07-03, HMP 07-04, and MS 05-29 was previously adopted [15162]; b. this project is consistent with the project/plan cited above; c. a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program was adopted by the City Council on in connection with the prior project or plan; d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration; and e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration under CEQA Guidelines Sections 15162 or 15163 exist. 8. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final parcel map recordation or issuance of a grading permit, whichever occurs first. PUD05-19 - ADAMS STREET SUBDIVISION Page 4 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 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 Planned Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 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. 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 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 ADAMS STREET SUBDIVISION - GPA 06-08/ZC 06-07/LQPA 06-08/PUD 05-19/HDP 05-12/V 07-03/HMP 07-04/MS 05-29.Project Mitigation Monitoring and Reporting Program. 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, 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 Planned 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, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 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). 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. PUDOS-19 - ADAMS STREET SUBDIVISION Page 5 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 Plan prior to the issuance of building permits. 11. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-08, ZC 06-07, LCPA 06-08, HDP 05-12, V 07-03, and HMP 07-04 and is subject to all conditions contained in Planning Commission Resolutions No. 6474, 6475, 6476, 6477, 6478, 6479, and 6480 for those other approvals incorporated herein by reference. 12. This approval is granted subject to the approval of the Minor Subdivision (MS 05-29) and is subject to all conditions contained in the City Engineer's approval letter for this other approval incorporated herein by reference. 13. This approval shall become null and void if building permits are not issued for this project within 4 years from the date of City Council's approval of GPA 06-08, ZC 06-07, and LCPA 06-08. 14. 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 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 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 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. 15. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice of Restriction executed b,y the owner of the real property to be developed. Said notice is to be filed in the office of the County 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(n) Planned Development Permit (PUD 05-19) by Planning Director approval, and a Hillside Development Permit (HDP 05-12), Variance (V 07-03), and Habitat Management Permit (HMP 07-04) by Resolution(s) No. 6478, 6479, and 6480 on the property. Said Notice of Restriction shall note 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 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. 16. At issuance of building permits, or prior to the approval of a final map and/or issuance of certificate of compliance for the conversion of existing apartments to air-space condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. 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 the City's Landscape Manual. 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. "—x ""•""•"^ PUD 05-19 - ADAMS STREET SUBDIVISION Page 6 18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 19. The project shall be required to use efficient irrigation systems and landscape designs or other methods to minimize or eliminate dry weather flow in accordance with Carlsbad Municipal Code Section 21.203.040. The Final Landscape and Irrigation Plans shall address these requirements as approved by the City of Carlsbad Planning Director. 20. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved 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 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 favor of, or in which the City has an interest. 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 transmitted to City within 30 days for the official record. 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 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 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 (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 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. d. Special Assessments Levied by the City. In the event the City has performed the 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 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 each Owner in the Project, together with a statement that if the Association fails to 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 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 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 means of any remedies available PUD05-19 - ADAMS STREET SUBDIVISION Page 7 at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to 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 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 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 his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit . 21. Prior to recordation of the Final Parcel Map or issuance of a Grading Permit, whichever occurs first, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest, that substantially conforms to this approval. A sighed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to PUD 05-19 shall be required. 22. 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 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 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. 23. 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 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 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. Developer or Developer's successor(s) in interest shall pay the fee 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 for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 24. 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 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 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 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. PUD05-19 - ADAMS STREET SUBDIVISION (~"> Page 9 7 •'» ' n '/*" ^ ^f X ' ** Code Reminders: Note: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 32. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 33. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 34. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 35. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 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. Sincerely, GARYT. BARBERIO Assistant Planning Director GTB:JG:sm c: Paul Klukas, Planning System, 1530 Faraday Ave., Ste. #100, Carlsbad CA 92008 Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy Data Entry City of Carlsbad Public Works — Engineering Benjamine and Eunice Medina, and David Graham PO Box 1766 Bonita, CA 91908 PROPOSED MINOR SUBDIVISION NO. 05-29, ADAMS STREET SUBDIVISION 0= A preliminary decision has been made, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the tentative parcel map of the proposed minor subdivision subject to the conditions that «3§ follow in this letter. —_^ LQl Unless specifically stated in the condition, all of the following conditions, upon the approval of this (^ tentative parcel map, must be met prior to approval of a final parcel map. ENGINEERING CONDITIONS NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a parcel map, building permit or grading permit whichever occurs first. General 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed, haul route. 2. This approval is subject to the approval and conditions of PUD 05-19 and HDP 05-12. 3. Developer shall submit to the City. Engineer, a reproducible 24" x 36", mylar copy of the tentative map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body and any applicable coastal commission approvals. The reproducible shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 4. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative parcel map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) Developer's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves 1635 Faraday Avenue - Carlsbad, CA 92008-7314 » (760) 602-2720 • FAX (760) 602-8562 or emissions. 5. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements (e.g. driveways, storm drain facilities, etc.) located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 6. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. Fees/Agreements ^. D~~~a 7. 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. 8. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. 9. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineei1. 10. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for recordation, an Encroachment Agreement covering a private retaining wall located over the existing public right-of-way or easements as shown on the tentative map. Developer shall pay all associated costs of said Encroachment Agreement. Grading 11. 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 obtain a grading permit from the City Engineer prior to issuance of a building permit. 12. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall also submit the appropriate Tier level Storm Water Compliance form and Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. 13. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a parcel map, whichever occurs first for this Project. 14. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region MS 05-29 2 10/02/08 of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. Dedications/Improvements 15. Developer shall cause Owner to execute a covenant of easement for private drainage and sewer, a covenant of easement for private sewer, and a covenant of easement for reciprocal private access, drainage and utilities all as shown on the tentative parcel map. The obligation to execute and record the covenant of easement shall be shown and recording information called out on the parcel map. Developer shall provide City Engineer with proof of recordation prior to issuance of building permit. -a." 16. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other p_p appropriate entities for the public street right-of-way shown on the tentative parcel map. The offer shall be made by a certificate on the final map. All land so offered shall be free and clear of c^iS all liens and encumbrances and without cost to the City. Streets that are already public are not (Q^ required to be rededicated. 17. Additional drainage easements may be required. Developer shall dedicate and provide or. install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 18. Developer shall provide the design of all drainage systems to the satisfaction of the City Engineer. All drainage systems shall be inspected by the City. 19. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative parcel map. These improvements include, but are not limited to paving, base, signing, sidewalks, curbs and gutters, grading, clearing and grubbing, relocation of utilities, sewer, water, guard rail, and retaining walls. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, these improvements include: a) Widening Adams Street with AC pavement and base along project street frontage and transitions, as shown on the tentative parcel map; b) Installation of curb, gutter, sidewalk, driveway and guard rail as shown on the tentative parcel map; c) Grading of the right-of-way as shown on the tentative parcel map. d) Installation of new water services and meters and relocation of an existing water meter. e) Installation of retaining wall and trail within the proposed public trail easement. A list of the above shall be placed on an additional map sheet on the parcel Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. MS 05-29 3 10/02/08 „••' Parcel Map Notes 20. Add the following notes to the parcel map as non-mapping data: A. All improvements are privately owned and are to be privately maintained with the exception of the following: a) AC pavement and base on Adams Street along project street frontage and transitions, b) All curb, gutter, sidewalk and guard rail in public right-of-way, c) Water services and meters within the public right-of-way. d) Retaining walls, trail and related appurtenances within the public, trail easement. D— B. Building permits will not be issued for development of the subject property unless the r|_p appropriate agency determines that sewer and water facilities are available. C. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in 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 or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards. E. (Covenant of easement recording information.) F. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the City approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the City approved development plans. Utilities 21. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 22. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 23. The Developer shall install potable water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 24. The Developer shall install sewer laterals and clean-outs at locations approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. MS 05-29 4 10/02/08 25. The Developer shall design and construct public water and sewer facilities substantially as shown on the Tentative Parcel Map to the satisfaction of the District Engineer. 26. The Developer shall provide separate potable water meters for each separately owned unit. Code Reminder 27. The project is subject to all applicable provisions of local ordinances, including but not limited to the following: A. The tentative parcel map shall expire two years from the date on which the City Engineer approves the application. B. Developer shall pay the Local Drainage Area Fee and Park-in-Lieu fee prior to approval of the parcel map. Fire 28. An automatic Fire Sprinkler System shall be installed for each dwelling unit per NFPA 13D Standards. The developer may request a review of the preliminary decision with the City Engineer in writing within ten (10) days of the date of this letter. Upon such written request the City Engineer shall arrange'a time and place with the developer for such review. The City Engineer has reviewed each of the exactions imposed on the developer contained in these conditions of approval, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and degree of the exaction is in rough proportionality to the impact caused by the project., If you have any questions, you may contact David Rick at (760) 602-2781. Robert T. Johnson, Jr., City Engineer by: David A. Mauser Deputy City Engineer c: David Rick, Assistant Engineer Jason Goff, Project Planner O'Day Consultants Attn: Meg Carroll 2710 Loker Avenue West, Suite 100 Carlsbad, C A 92010 File D= MS 05-29 5 10/02/08 NORTH SCALE: - 1" = 60' Legend i^^^H >25% Dual Criteria Slope with Habitat (Coastal Sage Scrub) Y/////A Impacted by Proposed Development Analysis Table Total Acreage IIMfflCBil Total area of >25% slope with CSS (Dual Criteria) BgBBBBHH Total Area of Dual Criteria impacted by proposed development Acres 1.08 0.38 0.02 Percentage 5.2% SOURCE: O'Day Consultants; Constraints Slope Analysis Map (September, 2005) Planning Systems Biology Survey (March 2006) Dual Criteria Analysis APN #206-200-01 CARSLBAD, CALIFORNIA May 9,2007 EASEMENT TABLE <ma gromct I I DMI SHEET 1 Of 4 SHEETS GPA OS-OS PUD 05-19 ZC OS-07 HDP 05-12 LCPA OS-OS us 05-29 HUP 07-04 V 07-03 TENTATIVE PARCEL MAP FOR ADAMS STREET (LOT 5 & 6) A.P.N. 206-200-01 LEGAL . 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EWROFRat arr or GULMOput tElfWIKM Ulf J.TSSK'SS"' CTTY or OCEANSWE HiGHWA' SITE FIRST AMERICAN TITLE COMPANY PRELIMINARY REPORT DATED JUNE 30, 2005 ORDER NO. 1958328 EASEMENT TABLE ($> PUKPOSE ( £ASlJ*HT fOt SfHOfAW°02S OWNER OTY Of CMASSAB REFtRENCt t Ml 4I71IS MTE SHEET I OF t SHEETSGPA 06-08 PUD 05-19ZC 06-07 HDP 05-12 LCPA 06-08 US 05-23HUP 07-04 V 07-03 PACIfK OCEAN CIVIL ENGINEER/LAND SURVEYOR: AfMtf KSf SUJE 1C VICINITY MAP HO SCMC SLOPE SUMMARY fiftffil I5-25X aSJ AC gHB 25-40* 0.38ACHH >4ax an AC aw •OXAttK JHAN 10X Staff BOrr BECAUSE OfiA} /nrmetr atAtifo &afs) sure trss THAU is fi urn C} SLOPE tfSS JH4H KtOOO SOlMff Ff. If AREA P) HUSBf AREA »HEf£ OROXAIKM BSKNT ROAD.OH A COtlfCIQR SIREET HUST BE LOCAIEB CONSTRAINTS NOTES UAJOK aoec utso&r/wr tfws .......MIDWAL MEWKfAKAH Of mXOLAMDSMItUfnClfT OKMUO£ COUKf. 2S-4OXS.OffSCUCAIBf WAN Of SOffSimxK mxx ouiatofFHcs.. . . flOOJFlAHS.fioamr AKOfOLOOCAl SJES.SffOM. PtMtiNS Af£AS.OCUXXAL HABWS.BEAOfS. PBMAtBiT KOfS OF WAHR.ttUAHDS.is iiAJEtt Poxjt Buttsusaut a&iatrs. . IS. RALRQAO OtACK BBS.20. 6CSMIKH BASK,21. UAJtX RQAWtS. , , LEGEND fHU / 060JX07HF BOMDARY CONSTRAINTS MAP FOR LOTS 5 & 6 2 SINGLE FAMILY RESIDENCESfFxsat jurf it, xoe«nam HAYK saeKtVSa JLtf 2S. A»7TtZS, 200S UKMC DA FA Fl£S A/f FOR fffiK)iC£ OHL f\ O ARE HOT JO BE USED FIX HORIZONTAL Cff VERTICAL SUtflfT CONTROL KEY MAPSCALE; 1" * 20' BENCHMARK: STAMHOf SOKfT SWtCY NOTE!! EITCTSONK MTA fJUS Aff FOP fXTWOKf OH Y AND Aff NOT TO X USfO FOR HORIZONTALOK \fHlKAL SJRM CONtKt OF B. CMHOJEtt \. xa co toracAi camxt ©2008 O'Day Consultants, Inc. SITE SHEET 1 OF 2 SHEETS GfA 06-08 PUD 05-19 ZC 06-07 HDP 05-12 mP 07:04 US°5-29 V 07-03 VICINITY MAP NO SCALE SLOPE SUMMARYm TOW. •aa &«AC I5-2SX aa AC 2S-WX AX AC >*W 0.15 AC 0,02 AC •OSXTfX SUM 40X S.OFf EOrrBfWSf ORA) fflfwwa r aueeo SLOT 8) star ass IHAM an not C) 3£Pf tfSS JHW 10,000 SOLWf FT. OTAXA o)misofN& mtxatcuuaniBOBITmaaurOKA COlIUJOi SWEET W5T Bt LOCATES LEGEND FOU / O6Q7XO784F EARTHWORK ANALYSIS: DPOW tfl CY DO HOT Hcutf stf^ua oft GRADING ANALYSIS: mat etwxo mac ITSOC.Y, TOM. 6KVXD MCA: Q.J7 AC. OXK XMOS/AOte 4>Ut C Y./AC HILLSIDE DEVELOPMENT PLAN LOTS°5 & 6 2 SINGLE FAMILY RESIDENCES HVSKNiSi JUf IS. J008w"c "a~H;s";u L T..*SHJ_$_ K=X OeSCNED BY: T.LC. MTfc . JKHf^ VtB ,„ mz i •, HILLSIDE DEVELOPMENT CROSS SECTIONS 2 SINGLE FAMILY RESIDENCES GFA e>b~®a, ic E&-e>\ LCPA /n >.06-ee, F=UD ee-it, HDP ex>-u, '/ \ 1.\.ygv-rr.»-Jr-»^i 1 \ . X i ^--1 &c£~ Note: Hllh the exception to the Halls Identified as having a stone veneer, all other retaining walls at a minimum shall be constructed or a split-raced type Oil, and shall consist of an earth tone type color to blend In with ths natural environment. Areas of natural habitat In proposed Parcels I and 2, Mhlch are Identified as the 2O foot habitat buffer area. Is deed restricted open space to prevent future development and further encroachnent Into the sensitive habitat areas Not* With the exception to the nails Identified as having a stonsveneer, all other retaining walls at a minimum shall be constructed ofa split-raced tips CMU, and shall consist of an earth torn Ujpe lor to blond In with ths natural Hots, Areas of natural habitat In proposed Paresis I and 2, which are Idontlflod at ths 20 root habitat bufTsr arsa, Is dosd rsstrlctsd opsn spacs to pravont future davaloDnant and rurthar eneroaehnant Into the sensltlvs habitat araas. \.' OPA P6-». ZC 06-A, LCPA\ 06-e^, puo 0^n. >c>p 0s-c.vV xei-e>3/n-Fan-»4,M6tes-M o C-l a*A 06-0a, ze 06-01, LCPA 06-08, PUD 0&-H, HOP 0S-n,V 0V03, mp 01-04, MS 05 m *S naridnul projaEU **1 ba radiMd Id r>v* • Ml rahf effloor pm. d»r«wt rrcm «nrt cerr^n^e uUHng rw riavMcn pwU.1rkMrp.nMI IwvpariM Mo f<Uy Omlgi. BM *IM plM on IN. tfvM Ml iba rtwt C-l ••untj-nwCWUar itahaMi lutrBw* rhn^B*^ la ttwran Ihp traM doer ta lha MTBM. M BITE PIAN PARCEL "I" GPA 06-06, ZC 06-01, LCPA06-08, HID 0S-n, HDP 0S-D,V 01-03, t*f> 01-04, MS 05-W REF. NORTH Automatic fire sprinkler system anal! be designed Tor residence. Designed system shall provide Tire protection for all levels and spaces in accordance with NFPA Standard No. I3D Automatic Tire sprinkler system shall be submitted at time of building permit submital and shall be approved by the Carlsbad Fire Prevention Division 8 a 5 MAIN FLOOR PLAN A-l SPA 06-06.1C «fc-01, LCPA06-0*. PUp 05-n, HDP 09-Q, V 01-03, WT 01-04. MS 05-W REF. NORTH II a o LOWER FLOOR PLAN A-2 Note: With the exception to the walls Identified as having a atone veneer, all other retaining walls at a minimum shall be constructed or a split-Faced type CMU, and shall consist of an earth tone type color to blend in Hith the natural environment. M'-«" to. ML to mi feet pv <3PA 06-08.1C 06-01, LCPA 06-00. PUD 05-R. HDP 05-Q, V 01-03, HMP 01-04, MS 05-n 0 ••an tMUl roof cliH Up. vatAOarnatl ®Bit Roof - CUM 'A' bulh-up roofing H/ gravol rtnith lyp. uon. 'A' (3) WaAax*. • "SHvw' ahMlrun natal dual gland v UP.IUSM. - Intsgrjl H/ nwtal roof © © © 6mr* • FTM »tFlntih cloiacl traadt pint < epon rlMra pak.tadup.uoyi. © - FlMd gla» panal m raca»MdUp.uon.h to nau* nail* Up. 0 CKratdx bronn, color; o/ BF. « nlr« latK n/'94nd' rirUih All •Square' o Front Poof - Solid Haod. Bnl*h Uapproved by ArdnlMct O ^s ^ o EXTERIOR ELEVATIONS A-3 GfA 06-06, 1C 06-01, LCPA06-08, PUD 05-f), WPP 05-B,V 01-03, HT-F 01 -04. MS 05-M HIBHT ELEVA EXTERIOR ELEVATIONS !iUft A-4 _» a-. ROOF PLAN ifU*iiii 8 I? A-5 SB E QPA 06-06,1C 06-01, LCPA 06-08, PUD 05-R, HDP 05-B,v «n-ea, nnp 01-«4, MS es- '^^^^^^^^^0^^0^^^^'^^^^^^^^^^^^^^'^^t \ I ifIII Note: Hith the exception to the walls Identified as having a stone veneer, all other retaining waits at a mfnlmum shall be constructed or a split-Faced type CMU, and shall consist oT an earth tone type color to blend In with the natural environment. 0 r o SECTIONS A-6 Nota:With ths sxceptlon to Ihs walls Identified as having a stono vanear, all other retaining nails at a minimum shall ba constructed of a split-raced type CMJ, and shall consist or an aarth tons Ujpe color to bland m Nlth tha natural anvlronmant. Arsas of natural habitat In propossd Paresis I and 2. wHch ara Idantlflad a« tha 20 Foot habitat burTar araa. Is daad rattrletad opan tpaca to pravant rutura davalopinant and rirthar ancroachnant Into tha eantltlva habitat arsas. fiFA 06-05, ZC «6-01, LOPA PUD f»-R, hflDP 05-B,01-as, trp ci-w, ns es-n POL1CT 44 REQUIREMENTS " " *"""'" ^^" "" Ih» MMa ofTMt h pttnm *•! b* » »tfw ** +M HAdm, taut wt to Mudrba « vMiui at u*u rtMl provttta I floor plan Ml 3 dFTmt *rt b* 4 rMt. n«. b»ki*MB qmBry « • bulkftg ptu. Mdudtg irm, *UM «ut nw, ihould MM ihi •«• itatfgn tiugrtly of IhoughnA lh« h MWfttai td ih« prmou* raqulnMnu, oMgi dMIb tfould raWonv androrn *>d MyU of «*j how *nd dCTv I B ^MUoBoftaMMnaarpIn Art. of 4 o»f*MWn| cMgnM«Ag but «t MM 10 IK» Ut^ k-to^. «4H teIta Iront rMT Ml MTM *ld* buIkOq bCMMCiJ of ttm reel ilium mH M pnavldwl owv poxtw. nartfM my not baI «rnuliM- C-MifjJ•p.JMHpr«•.£*,«. Ita ht» Ml MM J ^91. Man, tailMng ^g. Hlih • d^tthMll«*thM»r«HwdM11ruith> tagili or Itm buUdtog HongIt* me* ethwbig p»«nat«»h«rt^U-«ta^ imm^inta»**lh* roof far Ih* tow-MOiy •!••«( af VvtaulUkig. POLICY 44 REQUIREMENTS •BB4W BSSEgPCO! SECTION "A" NO IS: With the exception to the Halls Identified as having a atone veneer, all other retaining walls at a minimum shall be constructed of a split-faced tupe CMU, and shall consist of an earth tone type color to blend in with the natural environment. SECTION "B- OTA 06-08, K 06-01, LCPA06-08, PUD 03-W, HPP 0&-I2, V 01 -03, W*> 01 -04, ftt 0&-W Note: Section on this sheet refer Lo section tags on sheet C-l. Section 2l.4fe.l20£-Allow6 2'-0" of eaves to be within building setbacks. SLOPE EDGE BUILDING SETBACK EXHIBIT i C-3 \ Automatic fire sprinkler system shall be designed for residence. Designed system shall provide ffre protection tor all levels and spaces in accordance with NFPA Standard No. I3D Automatic Fire sprinkler system shall be submitted at time or building permit submital and shall be approved by the Carlsbad Fire Prevention Division ARCHITECTURAL LEGEND & WA 06-06, ZC 06 -01.: LCfA 06-0e. FUD »&-n,HDP 05-B. V 01-03,HTP 01-04, H6 06-n REF. NORTH MAIN FLOOR PLAN !,*li wy A-l \ \\ \\ ^ \ OPA 06-0B. ZC|»-«n, LCFA06-05, pic e&ta, HJF «*-o, V «n-»3, HMP CT-W, HS »-M \ e i LOWER FLOOR PLAN A-2 GFA 06-06, ZC 06-01, LCPA06-06, PUD 05-n, WDP 06-B, V 01-03, MTP 01-04, MS 05-n FRONT NORTH ELEVATION . SUndSng MM MUI toot cUM 'A AlWrMUvet CUM 'A' coflpeMlt* UnuUWd CUM 'A' built-up roofing n/gravel rinl»h Ujp. oon, natch roof Ujp UAguttor» * dOHntpouU to ttezaidn. brow, color J o/ BP. * tslr* lath, n/ •Sand' rinlih. All '3quar«' ouutd* wdgM Ujp. MI, ••• not* b*loH • - 'fiihw' akMibM nBtal dual gUzad - Flxad gUM panol In raeawadtyp, no A Vanaar - tlatoru dacoraUv* vinaranchored Up. UOA. Suardran • HnUI handrail w/ Tanp gUM ^tardrall Ujp. uai\. ftmin - Fraa Handing »UM| Han w/ ula rmiah eloMd troad* paw * opart rl»m - Stucco flnWi to natch nalto Up fiHig^Pflpff * •* aocllonal OH motal pamldoor pJIntad Ujp. van. Frpnt Door • 5'-0" Mid* pivoting wood door w/ gUM pjnal* aUlrMd Ujp. UO/L • Alt th* gU•cuth davailorw ihall bs protocUfd w/hvnparod glaw pv I HR flr« ratvd uwri ELEVATIONS REAR SOUTH ELEVATION 'Zj^Z~=. | ^ I r A-3 -2 »"• GPA 86-00, ZC 06-01, LCPA06-ee, PUD «s-n. HDP 06-a. V 01-03. HTt= 01-«,n& B6-OT ELEVATIONS I 8. e r A-4 6P4 06-06, ZC 06-01, LCPA06-06, PUD 05-fl, HDP 06-D,V 01-03, MMP 01-04, t"» f»-Z"l I ii Q CO ROOF PLAN A-5 Note: With the exception to the walla identified as having a stone veneer, all other retaining walls at a minimum shall be constructed of a split-faced type CMU, and shall consist of an earth tone type color to blend In with the natural environment. GPA 06-06, ZC 06-01, tCPA06-05, PUD C6-R. HDP 05-U, V 01-03, U-tP 01-04. MS 05-7* SECTIONS A-6 The Project The Medino-Grohom Residential project a a three lot PlannedUnit Development located on Adorns Avenue juit east of Highland Rood. The project sit* is approximately 1.13 acres insize. and supports noturol vegetation, and disturbed areas. Twoof the three lott ara proposed lor singU-fomSy residential uses, ond the remaining lot it proposed as on open space lot. Thetopoorophy of the site slopes moderately from a high point near the northwestern property comer at 73 feel in elevation, to olow point near the southeastern property line at 1 foot inelevation. The natural drainage of the site flows generally to the south, into Ag.ua Hedionda Lagoon. Adorn* Street 1* situatedon tht northern property line Existing surrounding use* are asfollows: a vacant lot supporting natural vegetation is located west of the file, single-(amity residences occur to the northand east, ond Agua Hedionda occurs to th* south. Responsibilities A homeowner1* association, or alternative Instrument acceptable to the Planning Director, will main loin the open space lot. Theowner of the lot fronting Adams Avenue is responsible for R.O.W.maintenance. Homeowner* wiH be responsible tor any landscaping within the confine*, of each individual lot. Water Conservation Pursuant to C.M.C. Section 2l.Z03.040(BK*Xt>X'><>. desedetatched resitiontlal homes shall utilize efficient irrigation systems ond design features to minimize dry weather irrigationflaw. Significant water conservation win be accomplished bypreserving most of th« natural habitat located on-site, by revegetation of "Zone 4', native plantings. "Refined", Zone 2 plantings ore vised only on the subject parcel's street frontage ond perimeter areas. Lush 'Zone l" plantings v/M be used onlyat entries, patios, and walkways, in the the immedaite vicinity ofthe buildings. No turf is proposed, but may be included inselected areas during construction document preparation. Thli lot Is located in a section of Carlsbad nat serviced by reclaimed water so potable water will be utKzed for landscapeirrigation. An automatic controlled irrigation system wll beinstalled using head to head coverage ond check valves. Fire Suppression This project complies with Ftrt suppression standards by enacting multiple fire management techniques as determinedin consultation with the Carlsbad Fire Department. The brushmanagment zone has been eliminated for this project, inacknowledgement of the extensive use of fire relordontbuilding materials and design, per Carfsbod Fire Deportment requirements. Specifications GENERAL: Project Size (w/R.O-W.): 47,680 s.f. 8uflding Footprint: 3.673 s.f. Street - Porting: none Hardscope: 9,857 s.f. HobTlot Are* 28.150 s.f. Newly Planted Area: 6-000 X of Site Newly Planted: '2-3* Plan tin a Zones: Zone t - Lush: Zone 2 - Refined: Zone 4 ~ Native: 1.720 >.f. 2,120 i.l. 2.160 *.f. Vicinity Map SITE Preliminary Plan 6 - NOT FOR CONSTRUCTION Planting Description The proposed plantings are designed to allow controlledresidential use of a site supporting natural coastal habitat.The built envelope has been carefully sited ond limited, to provide expansive views while restricting recreational uses thatwould displace habitat Native plantings «» be revegetated inportions of the open space lot that presently support disturbed habitat, and where project edges ore best re-planted with natives. Refined (Zone 2) landscape plantings are used near the "bust" perimeter of the site, while lush(Zone 1) plantings are used near entries, patios, ond walkway*. Slope plantings than be accomplished per the CarlsbadLandscape Manual. Section IVE.3. Planting Legend Trees ea if >» m « »M A CAMPANULA!* Shrubs (sn i »*». MM iGto) AFRICAN tUU> IME PHOWUH CU.BVMK MPWQUPS KKAsnsura* KOHAEAGAVE MCMCAMA Common Home MATM.FUMNCAHK BOiAfMIISAGOPAUIUmiCMMCMI FAN >H1I WSIHMMH BSE FDWPWMY DAS MUI STtSW VMCAIEO PUTOSPOBUB 1L«,nsAS ZONE 4 (WCH A*) PiefSuiIUCA IS AWUHIMCUS " IAURMAapuuunsLUH canniru Vines (MI n gnn m s g*») Lotin n 1*2 Ground Cover 0 •*«.» *tn) PM1U KDUHCUUiTAWAK16 SP. LTWAOfA MSMJLAM JUMPOIVS COHFEHU Common Name •UK sw CKIPER WHIt RAUHE OPLAIIT [•TONE j7] CWST* SAGC SOM HWWSttB Mtt POMOUS (CCSCAKWl HAWSCAPC neawosm CRAMIC DAL r~Pavement Improvements Landscape Concept PlanExisting R/WBoundary GPA 06-08 ZC 06-07 LCPA 06-08 PUD 05-19 HOP 05-12 V 07-03 HMP 07-04 US 05-29 5 ft. 'Irrevocable Offer of Dedication(Proposed on T.P.M.) ULJ Agua Hedionda Lagoon NORTH SCALE - 1" - 20" f I coQ_ "5.0OCoo 0a.o 13co COOJOC 0TJ"coa>EC ECO 2O COc T30) S | S ^> 1 o L-1 U EXHIBIT 6 PageS VOTE: 5-0-2 AYES: Chairperson Whitton, Commissioner Baker, Commissioner Boddy, Commissioner Cardosa, and Commissioner Dominguez NOES: None ABSENT: Commissioner Douglas and Commissioner Montgomery ABSTAIN: None Chairperson Whitton closed the public hearing on Agenda Item 2. RECESS Chairperson Whitton called for a ten minute recess at 7:45 p.m. MEETING CALLED TO ORDER Chairperson Whitton called the meeting to order at 7:55 p.m. with all Commissioners present and asked Mr. Neu to introduce the next item. 3. GPA 06-08/ZC 06-07/LCPA 06-08/HDP 05-12/V 07-03/HMP 07-04 - ADAMS STREET SUBDIVISION - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Zone Change, and Local Coastal Program Amendment; and a request for approval of a Hillside Development Permit, Variance, and Habitat Management Plan Permit for the subdivision, grading and development of a 1.08-acre site into two (2) residential parcels, one (1) common area parcel, and one (1) open space parcel, and the construction of two single-family residences on property generally located on the south side of Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive within the Agua Hedionda Segment of the Local Coastal Program and Local Facilities Management Zone 1. Mr. Neu introduced Agenda Item 3 and stated Associate Planner Jason Goff would make the staff presentation. Chairperson Whitton opened the public hearing on Agenda Item 3. Chairperson Whitton asked the applicant if he wished to continue with the hearing with only five Commissioners present. The applicant stated yes. Mr. Goff gave a detailed presentation and stated he would be available to answer any questions. Chairperson Whitton asked if there were any questions of Staff. Commissioner Cardosa asked for a brief description of the HOA and how it will remedy the common area maintenance of Parcel 4. Mr. Goff stated it would be established through the required CC&Rs and would be a private agreement between the two houses on the lot. Commissioner Cardosa asked about irrigation on Parcel 4 and if that parcel will have its own water meter. Mr. Van Peski stated that typically an HOA lot would have its own separate water meter; however because there are only two houses on this lot, it would need to be looked at on a case-by-case basis. Commissioner Baker asked who picks the conservation agency and who decides what the endowment will be for the open space lot. Mr. Goff deferred to the Planning Director. Mr. Neu stated the applicant will typically find a conservancy agency subject to the City's approval. In terms of the endowment amount, most groups use a Property Analysis Report to determine the endowment amount based on the Planning Commission Minutes October 1,2008 Page 9 maintenance and ongoing management of the site. The applicant would transfer the endowment to the non-profit responsible for maintaining the open space. Commissioner Baker asked about the improvements on Adams Street would only be for the frontage of this property. Mr. Van Peski stated there are other sections that are improved along Adams Street. Commissioner Baker commented that she would appreciate a sidewalk along the entire length of Adams Street. Commissioner Baker asked about a Neighborhood Improvement Agreement (NIA) could be used for the improvements along Adams Street as opposed to a piece meal basis. Mr. Van Peski stated an NIA would be an option; however the past direction based on the study for this would be to get the improvements as they were available and that is what Staff has been recommending on projects that come forward. Commissioner Baker stated that as you go farther east on Adams Street, the property next to this is not improved as well as the properties farther along. Mr. Van Peski noted Commission Baker's concerns. Commissioner Dominguez asked Staff to clarify if the protrusions or roof appurtenance would not penetrate the sight line on Adams Street. Mr. Goff stated that was correct. Commissioner Dominguez asked about the maintenance of the trail connection along the property. Mr. Goff stated there is an Irrevocable Offer of Dedication (IOD) for that which states the applicant must construct the trail at this time and the maintenance would not occur until the IOD was accepted. Commissioner Dominguez asked if there will be an assignation as to who will maintain the trail once the City's accepts the IOD. Mr. Goff stated that was correct. Commissioner Boddy stated her concerned regarding the color of the Medina Residence and asked if the diagrams depicted the true color. Mr. Goff deferred to the applicant. Chairperson Whitton asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Paul Klukas, Planning Systems, 1530 Faraday Avenue, Suite 100, Carlsbad, gave a brief presentation and stated he would be available to answer any questions. The owners of the property, Dr. David Graham and Dr. Ben Medina each made a brief statement regarding the project. John Beery, Beery Group, Inc., 2091 Las Palmas, Suite D, gave a brief presentation. He further stated the color that was represented for the Medina residence is not a true rendering. Ms. Mobaldi reminded the Commission that color was not within the Commission's purview for the project. Chairperson Whitton asked if there were any questions of the applicant. Chairperson Whitton asked if the units will be sprinklered. Mr. Klukas stated yes. Chairperson Whitton asked if any member of the audience wished to speak on the agenda item. Seeing none, Chairperson Whitton opened and closed public testimony. Planning Commission Minutes October 1,2008 Page 10 MOTION ACTION: VOTE: Motion by Commissioner Baker, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6474 recommending adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and adopt Planning Commission Resolutions No. 6475, 6476, and 6477 recommending approval of a General Plan Amendment (GPA 06-08), Zone Change (ZC 06-07), and Local Coastal Program Amendment (LCPA 06-08), and adopt Planning Commission Resolutions No. 6478, 6479, and 6480 approving a Hillside Development Permit (HDP 05-12), Variance (V 07-03), and Habitat Management Plan Permit (HMP 07-04), based on the findings and subject to the conditions contained therein. 5-0-2 AYES: Chairperson Whitton, Commissioner Baker, Commissioner Boddy, Commissioner Cardosa, and Commissioner Dominguez NOES: None ABSENT: Commissioner Douglas and Commissioner Montgomery ABSTAIN: None Chairperson Whitton closed the public hearing on Agenda Item 3 and thanked Staff for their presentations. COMMISSION COMMENTS None PLANNING DIRECTOR COMMENTS None CITY ATTORNEY COMMENTS Ms. Mobaldi commented on upcoming Ethics Training sessions for the Commission. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of October 1, 2008, was adjourned at 8:24 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk 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, November 18, 2008, to consider adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; approval of a General Plan Amendment, Zone Change, and Local Coastal Program Amendment for the subdivision, grading and development of a 1.08-acre site into two (2) residential parcels, one (1) common area parcel, and one (1) open space parcel, and the construction of two single-family residences on property generally located on the south side of Adams Street along the north shore of the Agua Hedionda Lagoon between Highland Drive and Park Drive within the Agua Hedionda Segment of the Local Coastal Program and Local Facilities Management Zone 1 and more particularly described as: The southeasterly 127.0 feet measured at right angles of Lot 5 and that portion of Lot 6, in Block "D" of Bella Vista, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 2152, filed in the Office of the County Recorder of said San Diego County, March 7, 1929, lying westerly of a line and the prolongations thereof that is drawn parallel with and distant 300 feet westerly measured at right angles from the easterly line of Lot 6 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 November 14, 2008. If you have any questions, please call Jason Goff in the Planning Department at (760) 602-4643. If you challenge the General Plan Amendment, Zone Change and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 06-08/ZC 06-07/LCPA 06-08 CASE NAME: ADAMS STREET SUBVISION PUBLISH: November 8, 2008 CITY OF CARLSBAD CITY COUNCIL SITEMAP NOT TO SCALE Adams Street Subdivision GPA 06-08 / ZC 06-07 / LCPA 06-08 This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: November 08tn, 2008 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, California This 10th, day of November, 2C Jane Allshouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that theCity Council of the City of Carlsbad will holda public hearing at the Council Chambers1200 Carlsbad Village Drive, Carlsbad, California, at6:00 p.m. on Tuesday November 18, 2008, to con-sider adoption of a Mitigated Negative Declarationand Mitigation Monitoring and ReportingProgram; ap-proval oTa General Plan Amendment, Zone Change,and Local Coastal Program Amendment for the sub-division, grading and development of a 1.08-acre siteinto two (2) residential parcels, one (1) common areaparcel, and one (1) open space parcel, and the con-struction of two single-family residences on propertygenerally located on the south side of Adams Streetalong the1 north shore of the Agua Hedionda Lagoonbetween Highland Drive and Park Drive within theAgua Hedionda Segment of the Local Coastal Pro-gram and Local Facilities Management Zone 1 andmore particularly described as: The southeasterly 127.0 feet measured at right an-gles of Lot 5 and that portion of Lot 6, in Block "D"of Bella Vista, in the City of Carlsbad. County ofSan Diego, State of California, according to mapthereof No. 2152. filed in the Office of the CountyRecorder of said San Diego County, March 7,1929, lying westerly of a line and the prolonga-tions thereof that is drawn parallel with and dis-tant 300 feet westerly measured at right anglesfrom the easterly line of Lot 6 vember 14, 2008. If you have any questions, pleasecall Jason Goff in the Planning Department at (760)602-4643. If you challenge the General Plan Amendment, ZoneChange and/or Local Coastal Program Amendment incourt, you may be limited to raising only those issuesyou or someone else raised at the public hearing de-scribed in this notice or in written correspondencedelivered to the City of Carlsbad, Attn: City Clerk'sOffice, 1200 Carlsbad Village Drive, Carlsbad, CA92008, at or prior to the public hearing. CASE FILE: GPA 06-08/ZC 06-07/LCPA 06-08 CASE NAME: ADAMS STREET SUBVISION PUBLISH: November 8, 2008 NCT 2184281 CITY OF CARLSBADCITY COUNCIL Easy Peel Labels Use Avery® TEMPLATE 5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 | ^M j^Feed Paper See Instruction Sheet j for Easy Peel Feature ^ SAN MARCOS SCHOOL DIST STE 250 255 PICO AVE SAN MARCOS CA 92069 AVERY®5160® ENCINITAS SCHOOL DIST 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DIST 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DIST 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 601 CHIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 SCOTT MOLLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD RECREATION CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER 0/07/2008 Etiquettes faciles a peler Utilisez le aabarit AVFRY® "51fin®HP rharnomont Consultez la feuille www.avery.com uoipnnsuj.p 8||inaj }uauia6jeip ap suas T jajad a| BENJAMIN & EUNICE MEDINA P O BOX 1766 BONITACA91908 MICHAEL J GILLIGAN 4465 ADAMS ST CARLSBAD CA 92008 INGER J ROTH IRA NO 003787 HUBER PO BOX 85410 SAN DIEGO CA 92186 HUBER FAMILY TRUST 08-01-02 6407 EL PATO CT CARLSBAD CA 92009 GLEN M STEWARD 1415 RAVE AN CT ENCINITAS CA 92024 VI P PARTNERS 3532 DONNA DR CARLSBAD CA 92008 TOMMY M & NICOLE K DEAN 4517ADAMSST CARLSBAD CA 92008 MARK E & DONNA B MERHAB 4523 ADAMS ST CARLSBAD CA 92008 MERHABMARK E & D' 4523 AEMritfSSTCLSBAD CA 92008 ALBERT & KLEMENTYNA BOROWICKI 4525 ADAMS ST CARLSBAD CA 92008 RUSSELL J HARNISH 4570 COVE DR #A CARLSBAD CA 92008 RICHARD P & ROSALEE L ELIA 1830HOLIDAYAVE UPLAND CA 91784 FLAHERTY FAMILY LIVING TRUST 10-06-92 860 W 25TH ST UPLAND CA 91784 ALISON S FUGATE 4570 COVE DR #D CARLSBAD CA 92008 JACK D PHILLIPS 2667 OCEAN ST CARLSBAD CA 92008 JACK D PHILLJf 2667 :§BAD CA 92008 WILLIAM L GRIVAS 4556 COVE DR CARLSBAD CA 92008 JOHN C & DIAN C SODANO 4550 COVE DR CARLSBAD CA 92008 IRENE NISHIHIRA 4546 COVE DR CARLSBAD CA 92008 U S BANK NATIONAL ASSN 10790 RANCHO BERNARDO RD S AN DIEGO C A 92127 CITY OF CARLSBAD Eco. Dev. and Real Estate 1635 Faraday Ave. Carlsbad, CA 92OO8 CABRILLO POWER I L L C 46OO Carlsbad Blvd. Carlsbad, CA 92008 [ajrneaj laaj Xseg JQJ. ! laauc uoiunjisui aac jaded paadT ®<ms siaaei Asea Easy Peel Labels Use Avery® TEMPLATE 5160® WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 j^Feed Paper See Instruction Sheet j for Easy Peel Feature ^lAVERY®5160® Etiquettes faciles a peler Utilisez le aabarit AVFRY® 51fiO®Sens de charaement Consultez la feuille H'inctrurtirm www.avery.com Easy Peel Labels Use Avery® TEMPLATE 5160® See Instruction Sheet; for Easy Peel Feature ^AVERY®5160® BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANS & HSG AGENCY STE2450 980 NINTH ST SACRAMENTO CA 95814 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 921084402 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO ca 92101 DEPT OF DEFENSE LOS ANGELES DISTENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPTOF ENERGY STE 400 611 RYAN PLZDR ARLINGTON TX 760114005 DEPT OF FISH & GAME ENVSERVDIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220NST SACRAMENTO CA 95814 DEPT OF FORESTRY ENVCOORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV 600 HARRISON ST SAN FRANCISCO CA 94107 DEPT OF JUSTICE DEPTOFATTYGEN RM700 110 WEST AST SAN DIEGO CA 92101 DEPT OF TRANSPORTATION RM5504 1120NST SACRAMENTO CA 95814 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOSALAMITOSCA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1STINTLPLZ401BST SAN DIEGO CA 92101 SD COUNTY PLANNING & LAND USE DEPT STE B-5 5201 RUFFIN RD SAN DIEGO CA 92123 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 ST^TE LANDS COMMISSION STE' 100 HOW6<^VE SACfi»(MENTC»CA 958258202 STATE LANDS COMMISSION STE 1 DOS 100 HOWE AVE SACRAMENTO CA 95825 US ARMY CORPS OF ENGINEER 1455 MARKET ST FL17 SAN FRANCISCO CA 941031368 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION MID PACIFIC REG 2800 COTTAGE WY SACRAMENTO CA 95825 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STEW-2605 SACRAMENTO CA 958251888 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95616 Etiquettes faciles a peler I Itilico? la nahai-i* AX/CRV® <!1fin®Sens de charaement Consultez la feuille (^'instruction www.avery.com 1-800-GO-AVERY AM3AV-O9-O08-1 uoipnnsin.p B| «,}uawa6jeip ap sues T ®091S ®AM3AV iueqe6 a| DALJIT S & ELAINE SARKARIA P O BOX 5766 ORANGE CA 92863 DALJIT S & P O BOI ; CA 92863 RIA DALJIT S PO E SARKARIA CA 92863 LEE E & PATRICIA A ALTON 4380ADAMSST CARLSBAD CA 92008 RICHARD H & LINDA S STERRETT 4415 HIGHLAND DR CARLSBAD CA 92008 RUTH F HAYES 4421 HIGHLAND DR CARLSBAD CA 92008 THOMAS P & JILL N FARMER 4425 HIGHLAND DR CARLSBAD CA 92008 ELIZABETH J CARNES 4435 HIGHLAND DR CARLSBAD CA 92008 TAKESHI & REIKO ISHII 4445 HIGHLAND DR CARLSBAD CA 92008 JAY L & GERALDINE SMITH 4465 HIGHLAND DR CARLSBAD CA 92008 JAMES A HOLCOMB 4444 ADAMS ST CARLSBAD CA 92008 DAVIDIAN & SUSAN OUYANG 1305 RODEO RD ARCADIA CA 91006 L M & FAY I EDELSTEIN 847 MUIRLANDS VISTA WAY LA JOLLA CA 92037 DOMINGUEZ FAMILY TRUST 09-09-98 4378 ADAMS ST CARLSBAD CA 92008 SALVATIERRA FAMILY SUR VIVORS TRUST A 07-07-96 4374 ADAMS ST CARLSBAD CA 92008 SURVIVORS STANWORTH 4407 HIGHLAND DR CARLSBAD CA 92008 ROBERTO VIGILUCCI 505 S COAST HIGHWAY 101 ENCINITAS CA 92024 B W LIVING TRUST 08-10-88 P O BOX 2794 BEVERLY HILLS CA 90213 GERALD W BRYAN P O BOX 748 CARLSBADCA92018 MORRIS P DROOKS 1632 S ST WEST COVINA CA 91790 ROBERT C LINDKVIST 4448 HIGHLAND DR CARLSBAD CA 92008 ELOISE M OHERN 4444 HIGHLAND DR CARLSBAD CA 92008 SAAD FATHI 4424 HIGHLAND DR CARLSBAD CA 92008 MCKENNA CAPITAL INC 4410 HIGHLAND DR CARLSBAD CA 92008 DAVID A & KANG LILY CIPOLLA 4470 ADAMS ST CARLSBAD CA 92008 ROBERT & HOLLYCE PHILLIPS 4480 ADAMS ST CARLSBAD CA 92008 RONALD C & HAYATE S ABBOTr 4801 FRUITVALE AVE #244 BAKERSFIELD CA 93308 MIGUEL & KAREN S RUIZ 40240 YUCCA LN BERMUDA DUNES CA 92203 RANDI FJAERAN P O BOX 1097 CARLSBADCA92018 y%irneaj |aa<j Aseg ; iaai|S uoipruisu) aas jaded WATTS FAMILY TRUST 07-19-93 4400 HIGHLAND DR CARLSBAD CA 92008 ®091S 31V1dW3i ®AJBAV asn Easy Peel Labels Use Avery® TEMPLATE 5160®' Feed Paper See Instruction Sheet j for Easy Peel Feature !IAVERY®5160® OCCUPANT 4464 ADAMS STREET CARLSBAD CA 92008 OCCUPANT 4465 ADAMS STREET CARLSBAD CA 92008 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160®Sens de chargement Consultez la feuille d'instruction www.avery.com 1-800-GO-AVERY All Receive - Agenda Item # ^ For Information of ERRATA SHEET cf^^SSL AGENDA ITEM #8 nL / AGENDA BILL #19,635 Date—— F™ CM^_ Asst CM_ November 18, 2008 TO: CITY COUNCIL FROM: JASON GOFF, ASSOCIATE PLANNER SUBJECT: GPA 06-08/LCPA 06-08/ZC 06-07 - ADAMS STREET SUBDIVISION Please note: Several pages of the Agenda Bill attachments were mistakenly excluded from Agenda Bill No. 19,635 as a result of a copy error. The following pages will need to be included in the final report: • Pages 2 and 4 of Planning Commission Resolution No. 6476. • Page 2 of Exhibit "X", which was an attachment to Planning Commission Resolution No. 6476. • Pages 2 and 4 of Planning Commission Resolution No. 6477. • Pages 2 and 4 of Planning Commission Resolution No. 6478. • Pages 2,4, and 6 of Planning Commission Resolution No. 6479, and • Pages 2, 4, and 6 of Planning Commission Resolution No. 6480. 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 Zone Change. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning g Commission as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 RECOMMENDS APPROVAL of ADAMS STREET SUBDIVISION - ZC 06-07 based on the following findings and subject to the following conditions: 10 Findings: 11 1. That the proposed Zone Change from R-l-15,000 to Open Space (OS) on a portion of the project site is consistent with the goals and policies of the various elements of the 13 General Plan, in that the proposed change in zone designation from R-l-15,000 to OS for Parcel 3 of MS 05-29 is based on the environmental constraints of the property 14 and is environmentally appropriate in that Parcel 3 will be included in an open space habitat preserve area; and, that this area is proposed 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 to designate high- priority resource areas as open space at the time of development. 17 2. That the Zone Change will provide consistency between the General Plan and Zoning as 18 mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the zone designations shown on Exhibit "ZC 06-07" attached hereto, implement the General Plan Land Use designation of OS for Parcel 3 of MS 05-29 2Q and RLM on Parcels 1, 2, and 4. 21 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 22 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 designation is compatible with the adjacent and future residential land uses. 24 4. The Planning Commission has reviewed each of the exactions imposed on the Developer 25 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 2" degree of the exaction is in rough proportionality to the impact caused by the project. 27 Conditions; 28 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 PC RESO NO. 6476 -2- NOTICE 2 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 A "fees/exactions." 5 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 6 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 g 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 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on October 1, 2008, by the following vote, to wit: AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, and 16 Chairperson Whirton 17 NOES: 18 ABSENT: Commissioners Douglas and Montgomery 19 ABSTAIN: 20 21 22 xfRANK HTWHITTON, Chairperson 23 CARLSBAD PLANNING COMMISSION 24 ii ATTEST: 26 27 DON NEU 28 Planning Director PC RESO NO. 6476 -4- Exhibit "X" October 1,2008 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the day of 2008, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 7 8 CLAUDE A. LEWIS, Mayor 9n ATTEST: 10 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- 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; and4 2 WHEREAS, State Coastal Guidelines requires a six-week public review period 6 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 August 15, 11 2008, and ending on September 26, 2008, 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 ADAMS STREET SUBDIVISION - 14 LCPA 06-08 based on the following findings, and subject to the following conditions: 15 Ig Findings: j 7 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies 18 of the Agua Hedionda segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed change in the LCP Land Use 19 designation for Parcel 3 of MS 05-29 from Residential Low-Medium Density (RLM) 2Q to Open Space (OS) is based on the environmental constraints of the property and is environmentally appropriate for the site in that the habitat areas within Parcel 3 21 will be included in an open space habitat preserve area; and, that this area is proposed to be designated as OS on the General Plan Land Use and Open Space and 22 Conservation maps and Zoning Map in accordance with the Habitat Management Plan requirements to designate high-priority resource areas as open space at the time of development. 24 2. That the proposed amendment to the Agua Hedionda segment of the Carlsbad Local 25 Coastal Program is required to bring it into consistency with the General Plan as proposed in General Plan Amendment (GPA 06-08). 26 3. The Planning Commission has reviewed each of the exactions imposed on the Developer 27 contained in this resolution, and hereby finds, in this case, that the exactions are imposed -o 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. PC RESO NO. 6477 -2- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning 2 Commission of the City of Carlsbad, held on October 1,2008, by the following vote, to wit: 3 AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, and ^ Chairperson Whitton 5 NOES: 6 ABSENT: Commissioners Douglas and Montgomery ABSTAIN:8 9 10 /FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION 12 13 ATTEST: 14 15 7L 16 DONNEU Planning Director 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6477 -4- WHEREAS, at said hearing, upon hearing and considering all testimony and 2 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Hillside Development Permit; and4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES ADAMS STREET SUBDIVISION - HDP 05-12 based on the following findings and subject to the following conditions: 10 11 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 13 2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly 14 identified on the constraints map. 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that hillside conditions are properly identified and incorporated into the design; the alteration of the natural hillsides 17 will be done in an environmentally sensitive manner; the site has been designed to step development consistent with the natural terrain sloping from north to south; 18 the roof slopes are oriented in the same direction as the slope; the building footprints and rooflines are parallel with the natural contours of the slope; the grading quantities are within "acceptable" levels (less than 8,000 cubic yards per 20 acre); and the project will implement NPDES measures to reduce runoff and avoid erosion. 21 4. That the proposed development or grading will not occur in the undevelopable portions 22 of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, „_ in that the residential development area has been clustered in the northeasterly corner of the site to avoid impacts to sensitive habitats and dual criteria slopes. No 24 development occurs on any natural slopes of forty percent or greater that have an elevation differential of greater than fifteen feet and a minimum area of ten 25 thousand square feet. The residential development area is setback 100 feet from wetlands located along the Agua Hedionda Lagoon. No development occurs within the lagoon and/or flood ways; and, no major power transmission easement, riparian 27 or woodland habitat exist onsite. 28 5. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the site has been designed to step development consistent with the natural terrain sloping from north to south; the PC RESO NO. 6478 -2- and costs, including court costs and attorney's fees incurred by the City arising, directly 2 or indirectly, from (a) City's approval and issuance of this Hillside Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 3 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the c 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 6 approval is not validated. 7 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-08, ZC 06-07, LCPA 06-08, V 07-03, and HMP 07-04 and is subject to all conditions contained in Planning Commission Resolutions No. 6474, 6475, 6476, 6477, 6479, and 6480 for those other approvals incorporated herein by reference, and is subject to all conditions contained 10 in the Planning Director's approval letter for PUD 05-19 and the City Engineer's approval letter for MS 05-29. ._ ,. Prior to issuance of a Grading Permit, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission 13 or its successor in interest that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the 14 approval is substantially different, an amendment to HDP 05-12 shall be required. 8. This approval shall become null and void if building permits are not issued for this ,x project within 4 years from the date of City Council's approval of GPA 06-08, ZC 06- 07, and LCPA 06-08. 17 " 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6478 -4- 1 WHEREAS, the Planning Commission did on October 1, 2008, hold a duly 2 noticed public hearing as prescribed by law to consider said request; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony 4 ,- and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 5 relating to the Variance. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 9 A) That the above recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES ADAMS STREET SUBDIVISION - V 07-03, based on the following findings and subject to the following conditions: 13 Findings: 14 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance 15 deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, in that the subject property is located along the north shore of the Agua Hedionda Lagoon adjacent to an existing City of Carlsbad HMP Hardline Preserve Area and within the Agua Hedionda LCP Land Use Plan. The site is severely impacted by steep slopes and sensitive habitat. The requirements of 18 the LCP Land Use Plan limit development heights of all structures to below the street elevation of Adams Street. The requirements of the HMP require a 100 foot buffer from wetlands, a 20 foot buffer from upland habitat, and preservation of 2Q 67% of the Coastal Sage Scrub onsite. The Coastal Resource Protection Overlay Zone restricts development of "dual criteria" slopes. Combined, these constraints 21 create a development envelop that is very small and irregularly shaped. 22 The irregular geometrically shaped parcels that are being proposed are created based on the site constraints, and the project architecture is designed to fit each parcel. Due to the steepness of the existing property, the project driveway must be ». designed to meander and traverse the entire width of the existing parcel in order to achieve the necessary drop in elevation while complying with driveway slope 25 standards. Furthermore, stepped retaining walls are necessary to construct the footprint of the driveway. Strict adherence to a 24 ft. wide driveway requirement 26 would require larger retaining walls and further encroachment into contiguous sensitive habitat areas of the site. In addition, many other single-family properties ' in the City with similar slope gradients have driveways of 16 feet or less in width. Therefore, a reduction in the driveway width to 16 ft. is justified in order to allow it to fit within the parcel and still meet driveway slope standards. PC RESO NO. 6479 -2- and special resources in the City and to integrate them into the design of any 2 development, 2) C.3 to assure that development on hillsides relates to the slope of the land in order to preserve the integrity of hillsides, 3) C.6 to designate as buffers 3 portions of land next to sensitive environmental areas, 4) C.27 to require adequate buffers between new development and environmentally sensitive habitats, and 5) 4 C.29 to support innovative site design techniques such as cluster-type housing and c transfer-of-development rights to preserve sensitive environmental resources and to allow development projects to comply with the City's Habitat Management Plan. 6 5. In addition, in the coastal zone, that the variance is consistent with and implements the 7 requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan, in that the Variance makes it possible to cluster development, thus avoiding increased impacts to habitat, 10 and furthermore allowing reasonable access to the site and achieving a pad elevation which allows for compliance with the visual resource standards of the Agua Hedionda Local Coastal Program Land Use Plan. (Ord. NS-675 § 46, 2003: Ord. NS- 365 § 9, 1996; Ord. 9060 § 1802). , 2 6. 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 14 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 17 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 18 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 21 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 Variance. 22 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Variance documents, as necessary to make them internally 24 consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, 25 different from this approval, shall require an amendment to this approval. 26 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. 2g 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 PC RESO NO. 6479 -4- 1 NOTICE 2 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." 5 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 6 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. 9 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, 10 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 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on October 1, 2008, by the following vote, 15 to wit: 16 AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, and 17 Chairperson Whitton 18 NOES: 19 ABSENT: Commissioners Douglas and Montgomery 20 ABSTAIN: 21 22 23 I. WHITTON, Chairperson 24 CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 27 DON NEU 28 Planning Director PC RESO NO. 6479 -6- WHEREAS, said verified application by Developer constitutes a request for a 2 Habitat Management Plan Permit pursuant to the City's authority as contained in Chapter 3 21.210 of the Zoning Ordinance, on file in the Planning Department; and 4 5 WHEREAS, the Planning Commission did on October 1, 2008, consider said 6 request; and 7 WHEREAS, at said hearing, upon hearing and considering all testimony and o 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 12 Commission as follows: 13 A) That the foregoing recitations are true and correct. 14 B) That the ADAMS STREET SUBDIVISION - HMP 07-04 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 APPROVES Habitat Management Plan Permit, HMP 07-04, for the ADAMS 17 STREET SUBDIVISION based on the following findings and subject to the following conditions:18 19 Findings: 20 1. That the Adams Street Subdivision project is shown in Figure 28 of the approved HMP as a "Development Area" adjacent to an "Existing Hardline Conservation Area". 22 2. That authorization to take species of concern, through the take of 0.27 acres of occupied Coastal Sage Scrub (Group C) is subject to continuous compliance with all provisions 23 of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, 24 the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. 3. That authorization to take species of concern is subject to continuous compliance with all 26 mitigation measures as stated in the Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program, GPA 06-08, ZC 06-07, LCPA 06-08, HDP 05-12, 27 V 07-03, and HMP 07-04 and is subject to all conditions contained in Planning Commission Resolutions No. 6474, 6475, 6476, 6477, 6478, 6479 and 6480 for those other approvals, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified PC RESO NO. 6480 -2- 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. 4 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 , 2 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 2g validated. 27 5. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-08, ZC 06-07, LCPA 28 06-08, HDP 05-12, and V 07-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6474, 6475, 6476, 6477, 6478, and 6479 for those other PC RESO NO. 6480 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on October 1,2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Dominguez, and Chairperson Whitton ABSENT: Commissioners Douglas and Montgomery ABSTAIN: R WHITTON,chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6480 -6- Adams Street SubdivisionAdams Street SubdivisionGPA 06GPA 06--08 / ZC 0608 / ZC 06--07 / LCPA 0607 / LCPA 06--0808Item No. 8Item No. 8 Location MapLocation MapADAMS STHIGHLAND DR I-5 P A R K D R ADAMS STCOVE DRS U N N Y H IL L D R H I G H L A N D D R HOOVER STCALAVO CTMARINA DRY U K I L N I-5 0400800200FeetGPA 06-08 / ZC 06-07 /LCPA 06-08 / PUD 05-19 /HDP 05-12 / V 07-03 /HMP 07-04 / MS 05-29 Adams Street Subdivision GPA 06GPA 06--08 08 LCPA 06LCPA 06--0808ExistingExistingProposedProposedOSRLMRLMRLMRLMOS ZC 06ZC 06--0707ExistingExistingProposedProposedOSR-1-15,000 Planning Commission ActionPlanning Commission Action„„October 1, 2008 October 1, 2008 ––Planning Commission conducted a Planning Commission conducted a public hearing for the project.public hearing for the project.„„No public comments were made during the hearing.No public comments were made during the hearing.„„Planning Commission voted 5Planning Commission voted 5--00--2 to recommend 2 to recommend adoption of a Mitigated Negative Declaration and adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and Mitigation Monitoring and Reporting Program, and recommended approval of a General Plan recommended approval of a General Plan Amendment, Local Coastal Program Amendment, and Amendment, Local Coastal Program Amendment, and Zone Change.Zone Change. RecommendationRecommendation„ADOPTResolution No. 2008-305, ADOPTINGa Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and APPROVINGGeneral Plan Amendment (GPA 06-08) and Local Coastal Program Amendment (LCPA 06-08), and „INTRODUCEOrdinance No. CS-016APPROVINGa Zone Change (ZC 06-07) based upon the findings and subject to the conditions contained therein.