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HomeMy WebLinkAbout2009-05-19; City Council; 19807; Highland James SubdivisonCITY OF CARLSBAD - AGENDA BILL 14 \^p^ AB# 19,807 MTG. 05/19/09 DEPT. PLN HIGHLAND JAMES SUBDIVISION ZC 08-01 DEPT. HEAD 6 CITY ATTY. CITY MGR. irtW-otf a [u — RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. CS-030 APPROVING a Zone Change (ZC 08-01) based upon the findings and subject to the conditions contained therein. ITEM EXPLANATION: Project Application(s) ZC 08-01 CT 08-06 CDP 08-17 HDP 08-03 Administrative Approvals Planning Commission RA X X X City Council Approvals X RA = Recommended Approval * = Final City decision-making authority On March 18, 2009, the Planning Commission conducted a public hearing and recommended to the City Council approval (7-0) of a Zone Change to rezone a portion of a 1.06 acre lot from R-1-10,000 to R-1-7,500 on property generally located on the east side of Highland Drive, west of James Drive, and south of Tamarack Avenue. At the same hearing, the Planning Commission also approved (7-0) a Tentative Tract Map, a Coastal Development Permit, and a Hillside Development Permit to allow for the demolition of an existing single family residence and the subdivision of the 1.06 acre lot into five (5) single family residential lots. Except for brief statements from the applicant's representative, 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 Zone Change. FISCAL IMPACT: All public facilities required to serve the project will be constructed prior to or concurrent with development as mandated by the Zone 1 Local Facilities Management Plan. Since these improvements will be constructed by the developer, no negative fiscal impact will be incurred by the City. DEPARTMENT CONTACT: Dan Halverson 760-602-4631 Daniel.Halverson@carlsbadca.gov FOR C/7T CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED S D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES V-S/'l/oi D D D Page 2 ENVIRONMENTAL IMPACT: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). The project Zone Change is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule Exemption) which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The zone change from R-1-10,000 to R-1-7,500 for the three proposed lots that will front on James Drive will create consistency in the area in that other adjacent lots off of James Drive are already zoned R-1-7,500. The Zone Change will also bring the City's Zoning Map into conformance with the LCP zoning map. EXHIBITS: 1. City Council Ordinance No. cs-030 2. Location Map 3. Planning Commission Resolutions No. 6540, 6541, 6542, and 6543 4. Planning Commission Staff Report, dated March 18, 2009 5. Draft excerpts of Planning Commission Minutes, dated March 18, 2009. EXHIBIT 1 1 ORDINANCE NO.CS-030 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO 4 THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 08-01, ON A PORTION OF A 1.06 ACRE PROPERTY FROM SINGLE- 5 FAMILY RESIDENTIAL (R-1-10,000) TO SINGLE FAMILY RESIDENTIAL (R-1-7,500), ON PROPERTY GENERALLY 6 LOCATED ON THE EAST SIDE OF HIGHLAND DRIVE, WEST SIDE OF JAMES DRIVE, AND SOUTH OF TAMARACK AVENUE 7 IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: HIGHLAND JAMES SUBDIVISION 8 CASE NO.: ZC 08-01 9 WHEREAS, the City Council did on the 19tb day of May ?nnQ . hold a duly 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 08-01 - HIGHLAND JAMES SUBDIVISION," dated March 18, 2009, attached 13 hereto and made a part hereof; and 14 WHEREAS at said public hearing, upon hearing and considering all testimony 15 and arguments, if any, of all persons desiring to be heard, said City Council considered all 16 factors relating to the ZC 08-01 - HIGHLAND JAMES SUBDIVISION. . 0 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain aslo I n follows: 20 SECTION I: That section 21.50.030 of the Carlsbad Municipal Code, being the 21 zoning map, is amended as shown on the map marked "ZC 08-01 - HIGHLAND JAMES 22 SUBDIVISION," dated March 18, 2009, attached hereto and made a part hereof. 23 SECTION II: That the findings and conditions of the Planning Commission in 24 Planning Commission Resolution No. 6540 shall also constitute the findings and conditions of 25 the City Council. 26 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 27 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 28 published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. 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 19th day of May, 2009, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2009 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) ZC 08-01 Exhibit "ZC 08-01" March 18, 2009Highland-James Subdivision EXISTING PROPOSED Related Case File No(s): CT 08-06/CDP 08-17/HDP 08-03 Zoning Designation Changes A. B. Property 207-130-73 From: R-1-10000/R-1 To: R-1-10000/R-1-7500 EXHIBIT 2 SITEMAP NOT TO SCALE Highland-James Subdivision ZC 08-01 EXHIBITS 1 PLANNING COMMISSION RESOLUTION NO. 6540 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM R-1-10,000 TO R-l- 4 7,500 ON A PORTION OF A 1.06 ACRE PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF HIGHLAND DRIVE, WEST SIDE OF JAMES DRIVE, AND 6 SOUTH OF TAMARACK AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. 7 CASE NAME: HIGHLAND JAMES SUBDIVISION CASE NO: ZC 08-018 g WHEREAS, Robert Ladwig, "Developer," has filed a verified application with 10 the City of Carlsbad regarding property owned by George Kenneth Alameda, "Owner," 11 described as 12 All That Portion of the Northwesterly 256.7 Feet of That 13 Portion of Tract Two Hundred Forty-Seven (247) of Thum Lands, in the County of San Diego, State of California, 14 According to Map Thereof No. 1681, Filed in the Office of the County Recorder of San Diego County, December 9,1915, A iJ j 6 ("the Property"); and 17 WHEREAS, said application constitutes a request for a Zone Change as shown on 18 Exhibit "ZC 08-01" dated March 18, 2009, attached hereto and on file in the Planning 19 Department, HIGHLAND JAMES SUBDIVISION - ZC 08-01, as provided by Chapter 21.52 20 of the Carlsbad Municipal Code; and ,. 21 WHEREAS, the proposed Zone Change - ZC 08-01 is set forth and attached in 22 the draft City Council Ordinance, Exhibit "X" dated, March 18, 2009, and attached hereto as 24 HIGHLAND JAMES SUBDIVISION- ZC 08-01; and 25 WHEREAS, the Planning Commission did on March 18, 2009, hold a duly 2° noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission as follows: 3 A) That the foregoing recitations are true and correct. 4 - B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of HIGHLAND JAMES SUBDIVISION - 5 ZC 08-01, based on the following findings and subject to the following conditions: 7 Findings: 9 1. That the proposed Zone Change from R-l-10,000 to R-l-7,500 is consistent with the goals and policies of the various elements of the General Plan, in that the proposed R-l- 10 7,500 zone implements the existing RLM General Plan designation. The proposed zone change for the western 90 feet of the three proposed lots that front on James 11 Drive will create consistency with the other adjacent lots within this block of James Drive that are zoned R-l-7,500. The Zone Change will also bring the City's Zoning Map into conformance with the LCP zoning map. 13 2. That the Zone Change will provide consistency between the General Plan and Zoning as 14 mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the proposed R-l-7,500 zone implements the existing RLM General 1 Plan designation. 3. That the Zone Change is consistent with the public convenience, necessity, and general 17 welfare, and is consistent with sound planning principles in that the three proposed 7,500 square foot single-family lots along James Drive are compatible in lot area 18 with other adjacent lots within this block of James Drive and will enable the development of other similar sized single-family residences. 9Q 4. 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 21 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. 22 .„ Conditions:2j 24 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 25 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 27 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 28 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. PC RESO NO. 6540 -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 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. 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 n 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 Zone Change, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, 14 in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other ,,- energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 17 6. This approval is granted subject to the approval of CT 08-06, CDP 08-17, and HDP 08- 18 03 and is subject to all conditions contained in Planning Commission Resolutions No. 6541, 6542, and 6543 for those other approvals incorporated herein by reference. 20 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." 23 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 24 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. 27 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 28 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 PC RESO NO. 6540 -3- NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on March 18, 2009, by the following vote, to wit: AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, 5 Whitton, and Chairperson Montgomery 7 NOES: 8 ABSENT: 9 ABSTAIN: 10 " 11 12 ,,,-H^^^ MONTG^vlERY, Offirperson } 3 CARLSBAD PLANNING COMMISSION 14 „ATTEST: 15 16 17 DON NEU 18 Planning Director 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6540 -4- ZC 08-01 Exhibif'ZC 08-01" March 18, 2009 Highland-James Subdivision EXISTING PROPOSED Related Case File No(s): CT 08-06/CDP 08-17/HDP 08-03 Zoning Designation Changes A. B. Property 207-130-73 From: R-1-10000/R-1 To: R-1-10000/R-1-7500 1 Exhibit "X" dated 2 March 18, 2009 ORDINANCE NO. 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF 5 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 08-01, ON 6 A PORTION OF A 1.06 ACRE PROPERTY FROM SINGLE- FAMILY RESIDENTIAL (R-1-10,000) TO SINGLE FAMILY 7 RESIDENTIAL (R-1-7,500), ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF HIGHLAND DRIVE, WEST 8 SIDE OF JAMES DRIVE, AND SOUTH OF TAMARACK AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. 9 CASE NAME: HIGHLAND JAMES SUBDIVISION CASE NO.: ZC 08-01 WHEREAS, the City Council did on the day of , hold a duly 12 noticed public hearing as prescribed by law to consider said request; and 13 WHEREAS, said application constitutes a request for a Zone Change as shown 14 on Exhibit "ZC 08-01 - HIGHLAND JAMES SUBDIVISION," dated March 18, 2009, attached 15 hereto and made a part hereof; and 16 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 18 factors relating to the ZC 08-01 - HIGHLAND JAMES SUBDIVISION. 19 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 20 follows: 21 SECTION I: That section 21.50.030 of the Carlsbad Municipal Code, being the 22 zoning map, is amended as shown on the map marked "ZC 08-01 - HIGHLAND JAMES 23 SUBDIVISION," dated March 18, 2009, attached hereto and made a part hereof. 24 SECTION II: That the findings and conditions of the Planning Commission in Z^-U Planning Commission Resolution No. 6540 shall also constitute the findings and conditions of26 the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation the City of Carlsbad within fifteen 2 days after its adoption. INTRODUCED AND FIRST READ at the regular meeting of the Carlsbad City 4 Council on the day of , 2009, and thereafter. 5" 6 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council 7 of the City of Carlsbad, California, held on the day of '_ , 2009, by the 8 following vote, to wit: 9 AYES: 10 NOES: 11 ABSENT: ABSTAIN: 13 " 14 APPROVED AS TO FORM AND LEGALITY 15" 16 17 RONALD R. BALL, City Attorney 18 19 20 CLAUDE A. LEWIS, Mayor 21 ATTEST: 22" 23 24 LORRAINE M. WOOD, City Clerk 25 (SEAL) 26 28 -2- PLANNING COMMISSION RESOLUTION NO. 6541 9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 3 CARLSBAD TRACT MAP CT 08-06 TO SUBDIVIDE A 1.06 ACRE SITE INTO 5 SINGLE FAMILY LOTS ON PROPERTY 4 GENERALLY LOCATED ON THE EAST SIDE OF HIGHLAND DRIVE, ON THE WEST SIDE OF JAMES DRIVE, AND SOUTH OF TAMARACK AVENUE IN LOCAL FACILITIES 6 MANAGEMENT ZONE 1. CASE NAME: HIGHLAND JAMES SUBDIVISION 7 CASE NO.: CT 08-06 Q WHEREAS, Robert Ladwig, "Developer," has filed a verified application with 9 the City of Carlsbad regarding property owned by George Kenneth Alameda, "Owner," 10 described as11 12 All That Portion of the Northwesterly 256.7 Feet of That Portion of Tract Two Hundred Forty-Seven (247) of Thum 13 Lands, in the County of San Diego, State of California, According to Map Thereof No. 1681, Filed in the Office of the 14 County Recorder of San Diego County, December 9,1915, 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Tentative Tract 17 Map as shown on Exhibits "A" - "E" dated March 18, 2009, on file in the Planning Department18 19 HIGHLAND JAMES SUBDIVISION - CT 08-06, as provided by Chapter 20.12 of the 20 Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on March 18, 2009, hold a duly 22 noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 26 relating to the Tentative Tract Map; and 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2% Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVED HIGHLAND JAMES SUBDIVSION - CT 08-06, based on the following findings and subject to the following conditions: 3 Findings: 4 . That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots 7 being created are consistent with all requirements of the General Plan and all regulations governing subdivisions and all minimum requirements of Titles 20 and 21 governing lot sizes and configurations and the project has been designed to comply with all other applicable regulations including Title 21 and the Mello II Segment of the Certified Local Coastal Program. 10 That the proposed project is compatible with the surrounding future land uses since 11 surrounding properties are designated for Residential Low-Medium Density (RLM) development on the General Plan, in that the subject property is designated RLM (0-4 du/acre with a 3.2 du/acre Growth Management Control Point density). It has a net area of 1 acre and at the RLM Growth Management Control Point, 3.2 dwelling units are allowed. The proposed project (5 lots on 1 net acre) has a density (5 14 du/acre) that is above the top of the RLM Growth Management Control Point and density range. However, the General Plan Land Use Element includes a commonly used policy that allows a density increase of 25% above the top of the RLM density , range (up to 5 du/acre) where the zone of the property (R-l) is consistent with the land use designation (which it is in this case) and specific findings can be made. This policy was incorporated into the General Plan to acknowledge that based upon the R-l Zone's minimum lot size (7,500 SF), up to 5.8 dwelling units could technically 18 be achieved on a 1 acre RLM designated lot (43,560 SF/7,500 SF = 5.8 DUs). All of the required findings can be made to approve this 25% density increase as shown in 19 Table A of the staff report. 20 . - -3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that all required development standards of the R-l zone are complied 22 with and the three lots fronting James Drive will be the same size (7,500 sq ft) and density as the other lots fronting and along this block of James Drive. The two lots J fronting Highland Drive will be the same size (10,000 sq ft or larger) as the other 24 adjacent lots fronting along this block of Highland Drive. 25 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the 26 public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements and the project is required to dedicate public road and utility easements associated with the tentative map. 5. That the property is not subject to a contract entered into pursuant to the Land 2 Conservation Act of 1965 (Williamson Act). 3 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that lots are oriented in an 4 east-west alignment for a western exposure which will allow for passive heating or cooling opportunities to the extent possible. > 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs 7 against the public service needs of the City and available fiscal and environmental resources. 8 8. That the design of the subdivision and improvements are not likely to cause substantial " environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that site is an in-fill project with no sensitive plant or animals present. 11 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has 12 been designed in accordance with Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the 3 project is conditioned to comply with the National Pollution Discharge Elimination 14 System (NPDES) Requirements. 15 10. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in 16 the staff report dated March 18, 2009, including, but not limited to the following: a. Land Use - The subject property is designated RLM (0-4 du/acre with a 3.2 1 o du/acre Growth Management Control Point density). It has a net area of 1 acre and at the RLM Growth Management Control Point, 3.2 dwelling units are 19 allowed. The proposed project (5 lots on 1 net acre) has a density (5 du/acre) that is above the top of the RLM Growth Management Control Point and density 20 range. However, the General Plan Land Use Element includes a commonly used policy that allows a density increase of 25% above the top of the RLM density range (up to 5 du/acre) where the zone of the property (R-l) is consistent with 22 the land use designation (which it is in this case) and specific findings can be made. This policy was incorporated into the General Plan to acknowledge that 23 based upon the R-l Zone's minimum lot size (7,500 SF), up to 5.8 dwelling units could technically be achieved on a 1 acre RLM designated lot (43,560 SF/7,500 SF = 5.8 DUs). All of the required findings can be made to approve this 25% density increase as shown in Table A in the staff report. b. Circulation - The circulation system is designed to provide adequate access to each of the proposed lots and complies with all applicable City design standards. 27 c. Housing - The project has been conditioned to pay an affordable housing in-lieu 28 fee per lot in order to provide their proportionate share of affordable housing. PCRESONO. 6541 -3- d. Noise - A noise study was prepared and the project site as is currently meets the exterior 60 dB(A) CNEL noise standard and any future development on the proposed individual lots will be designed to meet the interior noise standard of 45 dB(A) CNEL. 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local r 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 6 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 7 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, 9 a. The project has been conditioned to provide proof from the Carlsbad Unified School 10 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 , 2 collected prior to issuance of building permit. 13 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. 14 12. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional , s requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of 17 public facilities and will mitigate any cumulative impacts created by the project. 18 13. This proj ect has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 14. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332, In-Fill Development 22 Projects, in that, the project is consistent with the General Plan & Zoning Ordinance; the project is within the City limits; is less than five (5) acres in size; and 2 is surrounded by urban uses. 24 15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 25 Code Section 14.28.020 and Landscape Manual Section I B). 26 16. 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. 27 28 Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map 3 recordation or issuance of a grading permit, whichever occurs first. 4 1. If any of the following conditions fail to occur, or if they are, by their terms, to be r 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 6 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 7 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 9 or a successor in interest by the City's approval of this Tentative Tract Map. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development ^2 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 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 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 5. Developer/Operator shall and does hereby agree Jo 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 Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 23 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 24 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. 26 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 27 the Tentative Map reflecting the conditions approved by the final decision-making body. 28 PPRF^ONO. 6541 -5- 7. Developer shall' include, as part of the plans submitted for any permit plancheck, a 2 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 8. 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 s- Plan prior to the issuance of final map recordation or issuance of a grading permit, whichever occurs first. 6 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities.o 9 10. This approval is granted subject to the approval of ZC 08-01, CDP 08-17, and HDP 08- 03 and is subject to all conditions contained in Planning Commission Resolutions No. 10 6540, 6542, and 6543 for those other approvals incorporated herein by reference. 11. This approval shall become null and void if the final map is not recorded for this project j2 within 24 months from the date of project approval. 13 12. 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 16 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. 17 13. Prior to the issuance of the final map or grading permit, whichever occurs first, Developer shall submit to the City a Notice of Restriction executed by the owner of the 19 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 20 parties and successors in interest that the City of Carlsbad has issued a Tract Map by Resolution(s) No. 6541 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of 22 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 23 to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 24 _<. 14. Prior to the approval of a final map 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 26 amount in effect at the time, as established by City Council Resolution from time to time. 15. 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 9 condition, free from weeds, trash, and debris. 3 16. 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. 17. This project has been found to result in impacts to non-native grassland, and disturbed 6 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 7 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 10 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, 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. 13 18. Prior to approval of the final map for proposed lots 4 and 5 the existing residence 14 (3980 Highland Drive) shall be demolished to the satisfaction of the Planning Director and City Engineer. Engineering: 17 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 final map, building 1 ° permit or grading permit whichever occurs first. 19 General 20 19. 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. 23 20. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has 24 determined that adequate water and sewer facilities are available at the time of permit issuance.25 21. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of the Site Plan and Preliminary Grading Plan reflecting the conditions approved by the final 27 decision making body. The reproducible shall be submitted to the Planning Director, reviewed and, if acceptable, signed by the City's project engineer and project planner 28 prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. PCRESONO. 6541 -7- 22. This approval is subject to the approval and conditions of CDP 08-17, HDP 08-03 and 2 ZC 08-01. 3 23. - Developer shall submit to the City Engineer an acceptable instrument, via CC&R's and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private s- utilities, street trees, water quality treatment measures, low impact development features and storm drain facilities located therein and to distribute the costs of such maintenance 6 in an equitable manner among the owners of the properties within this subdivision. 24. This project is approved for up to two Final Maps for the purpose of recordation in the order of phasing shown on the tentative map. o o Fees/Agreements 10 25. 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. 11 26. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. 13 27. Developer shall cause property owner to process, execute and submit an executed copy to 14 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 final map, whichever occurs first for this Project. 17 28. Developer shall cause property owner to execute, and submit to the City Engineer for recordation, a City Standard deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall: 20 A. Clearly delineate the limits of the drainage course; and B. State that the drainage course is to be maintained in perpetuity by the underlying 21 property owner; and C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in 2"> damage to the underlying and adjacent properties or the creation of a public nuisance. 24 29. Developer shall cause property owner to enter into a Neighborhood Improvement 25 Agreement with the City on a City Standard form for the future public improvement of _, Highland Drive along the subdivision frontage for a half street width of 30-feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and 27 gutters, grading, clearing and grubbing, undergrounding of utilities, and street lights. 28 30. 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 9 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 3 , form provided by the City Engineer. 31. Developer shall cause property owner to execute and submit to the City Engineer for r recordation the City's standard form Street Tree Maintenance Agreement. 6 Grading 7 32. 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 prepare and submit plans and technical studies/reports, for City Engineer review, and shall pay all applicable grading plan review fees per the City's latest fee schedule. 10 33. Developer shall apply for and obtain a grading permit from the City Engineer. Developer shall pay all applicable grading permit fees per the City's latest fee schedule and shall post security per City Code requirements. 12 34. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the 13 City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on 14 a contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 16 35. Developer shall comply with the City's Stormwater Regulations, latest version, and shall 17 implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent 1 ° silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or 20 stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 21 , 36. Developer shall complete and submit to the City Engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, 23 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 24 completed PTAF all to the satisfaction of the City Engineer. 37. Developer shall incorporate Low Impact Development (LID) design techniques, on all 2/r final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural 27 drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID 28 techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: PP.RF.SONO. 6541 -9- vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the 9 volume, peak flow rate, velocity and pollutants. 3 Dedications/Improvements 4 38. Concurrent with processing the Final Map, the City shall accept Lot A (for public r use) and abandon access rights previously as previously dedicated and relinquished on Subdivision Map 5054. 6 39. Developer shall cause Owner to submit to the City Engineer for recordation a covenant of 7 easement for private drainage purposes as shown on the tentative map. Developer shall pay processing fees per the City's latest fee schedule.8 9 40. Highland Drive shall be dedicated by Owner along the project frontage based on a street center line to right-of-way width of 30 feet and in conformance with the City of Carlsbad 10 Standards. 41. Developer shall cause Owner to dedicate to the City the public drainage easement as , 9 shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to 13 the City. Additional easements may be required at final design to the satisfaction of the City Engineer. 14 42. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain I £ and larger) shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 17 43. Developer shall design all proposed public improvements including but not limited to sewer laterals, streetlights, driveways, sidewalk, water services/meters, and curb drains as 10 shown on the tentative map. These improvements shall be shown on one of the following, subject to City Engineer approval: 20 ,. A. Grading plans processed in conjunction with this project; or 21 B. Construction Revision to an existing record public improvement drawing. 79 44. Developer shall pay plan check and inspection fees using improvement valuations in 23 accordance with the City's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the City right-of-way. 24 45. Prior to issuance of building permits, Developer shall underground all existing overhead utilities along the subdivision boundary adjacent to James Drive. 26 Non-Mapping Notes 27 46. Add the following notes to the final map as non-mapping data: 28 A. Developer has executed a City standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to sewer laterals, streetlights, driveways, sidewalk, water services/meters, and curb drains. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 6 C. Geotechnical Caution: 7 1) 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 9 subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 10 D. 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 , 2 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 13 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 14 improvements identified in the City approved development plans. 15 Utilities 16 47. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire 17 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 19 48. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 20 for connection to public facilities. 21 49. The Developer shall design and construct public water and sewer water facilities substantially as shown on the tentative map to the satisfaction of the District Engineer and City Engineer. 23 50. The Developer shall provide separate potable water meters for each separately owned lot 24 within this subdivision. oc Code Reminders: 26 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 28 51. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily -11- Trips (ADT) and floor area contained in the staff report and shown on the tentative map 2 are for'planning purposes only. 3 52. 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. 4 <- 53. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 6 54. Approval of this request shall not excuse compliance with all applicable sections of the 7 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein.8 9 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 11 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 12 You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 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 15 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 16 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 19 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 20 21 22 23 24 25 26 27 28 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on March 18, 2009, by the following vote, 3 to wit: 4 c- AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery 6 NOES: 7 ABSENT:8 9 ABSTAIN: 10 11 MARTELL B. MONTGOMERY, CMrperson CARLSBAD PLANNING COMMISSION 13 " 14 ATTEST: 15 16 17 DONNEU Planning Director18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6541 -13- 1 PLANNING COMMISSION RESOLUTION NO. 6542 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT CDP 08-17 TO 4 DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND ASSOCIATED DETACHED GARAGE AND SUBDIVIDE A 1.06 ACRE SITE INTO 5 SINGLE FAMILY LOTS ON 6 PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF HIGHLAND DRIVE, WEST SIDE OF JAMES DRIVE, AND 7 SOUTH OF TAMARACK AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. 8 CASE NAME: HIGHLAND JAMES SUBDIVISION 9 CASE NO.: CDP 08-17 10 WHEREAS, Robert Ladwig, "Developer," has filed a verified application with 1 the City of Carlsbad regarding property owned by George Kenneth Alameda, "Owner," 12 described as 13 All That Portion of the Northwesterly 256.7 Feet of That 14 Portion of Tract Two Hundred Forty-Seven (247) of Thum Lands, in the County of San Diego, State of California, According to Map Thereof No. 1681, Filed in the Office of the 15 County Recorder of San Diego County, December 9,1915 17 ("the Property"); and 18 WHEREAS, said verified application constitutes a request for a Coastal 19 Development Permit as shown on Exhibits "A" - "E\' dated March 18, 2009, on file in the 20 Planning Department, HIGHLAND JAMES SUBDIVISION - CDP 08-17, as provided by 21 22 Chapter 21.201.040 of the Carlsbad MunicipaLCode; and 23 WHEREAS, the Planning Commission did, on March 18, 2009, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CDP. 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 - B) That based on the evidence presented at the public hearing, the Commission APPROVES HIGHLAND JAMES SUBDIVISION - CDP 08-17, based on the 6 following findings and subject to the following conditions: Findings: 7 1. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the project consists of 9 the demolition of an existing house and detached garage and subdivision of a single lot into five (5) single family lots; no agricultural activities, sensitive resources, 10 geological instability, flood hazard, or coastal access opportunities exist onsite; and the development does not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty of the coastal zone. 12 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 13 of the Coastal Act in that the project site is not located adjacent to the shore, therefore, the project will not interfere with the public's right to physical access to 14 the sea and the site is not suited for water-oriented recreational activities. The project, is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Chapter 15.16 - Grading and Erosion Control, 17 Chapter 15.12 - Storm Water Management and Discharge Control, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff 18 Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. While the project is proposing some encroachment (50 square feet) into 25% and greater gradient natural slopes far the construction of a fill slope, the slopes do not contain sensitive habitat, and air of the findings can be made to permit development of such coastal slopes as discussed in the staff report. Furthermore, no 21 evidence of landslide or slope instability is identified on the site, nor is it located in an area susceptible to accelerated erosion, floods, or liquefaction. 22 4. The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Protection Zone 94 (Chapter 21.204 of the Zoning Ordinance). 25 5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and, therefore, is not subject to the 26 Coastal Agricultural Overlay Zone (Chapter 21.201 of the Zoning Ordinance). 6. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332, In-Fill Development 2 Projects, in that, the project is consistent with the General Plan; the Zoning Ordinance; the project is within the City limits; is less than five (5) acres in size; and 3 is surrounded by urban uses. 4 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. 7 Conditions: 8 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of a grading permit, whichever comes first. 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 11 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 , T 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 14 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit. 15 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make 17 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 18 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 2Q regulations in effect at the time of building permit issuance. 21 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 22 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 24 all requirements of law. 25 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 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, 28 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and PC RESO NO. 6542 -3- (c) Developer/Operator's installation and operation of the facility permitted hereby, 9 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 3 • survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 4 _ 6. 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 6 Plan prior to the issuance of building permits. 7 7. This approval is granted subject to the approval of ZC 08-01, CT 08-06 and HDP 08-03 and is subject to all conditions contained in Planning Commission Resolutions No. •6540, 6541, and 6543 for those other approvals incorporated herein by reference. 9 8. Prior to the issuance of building permits, the applicant shall apply for and obtain .a 1 0 grading permit issued by the City Engineer. 9. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 12 #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 13 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 14 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 1 ^ approval will not be consistent with the General Plan and shall become void. 16 10. Prior to final map recordation or issuance of a grading permit, whichever occurs first, Developer shall submit to the City a Notice of Restriction executed by the owner of 17 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 Coastal 19 Development Permit by Resolution No. 6542 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete 20 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 22 said notice upon a showing of good cause by the Developer or successor in interest. 23 11. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per 24 Section 21.201.210 of the Zoning Ordinance. 25 NOTICE 26 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." .A. You have 90 days from date of approval to protest imposition of these fees/exactions. If you 2 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 3 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 6 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. 9 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 10 Commission of the City of Carlsbad, California, held on March 18, 2009, by the following vote, 11 to wit: 13 AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery 14 NOES: 15 16 ABSENT: 17 ABSTAIN: 18 19 20 MARTELL B. MONTGOMERY,«airperson CARLSBAD PLANNING COMMISSION 21 " 22 ATTEST: 23 24 25 DON NEU „, Planning Directorzo 27 28 PC RESO NO. 6542 -5- 1 PLANNING COMMISSION RESOLUTION NO. 6543 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE A 1.06 4 ACRE LOT INTO 5 SINGLE FAMILY RESIDENTIAL LOTS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF HIGHLAND DRIVE, ON THE WEST SIDE OF 6 JAMES DRIVE, AND SOUTH OF TAMARACK AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. 7 CASE NAME: HIGHLAND JAMES SUBDIVISION CASE NO: HDP 08-03 8 n WHEREAS, Robert Ladwig, "Developer," has filed a verified application with 10 the City of Carlsbad regarding property owned by George Kenneth Alameda, "Owner,." 11 described as 12 All That Portion of the Northwesterly 256.7 Feet of That 13 Portion of Tract Two Hundred Forty-Seven (247) of Thum Lands, in the County of San Diego, State of California, 14 According to Map Thereof No. 1681, Filed in the Office of the County Recorder of San Diego County, December 9,1915 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Hillside 18 Development Permit as shown on Exhibits "A" - "E" dated March 18, 2009, on file in the 19 Carlsbad Planning Department, HIGHLAND JAMES SUBDIVISION - HDP 08-03, as 20 . -provided by Chapter 21.95 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did on March 18, 2009, consider said 22 request; and 74 WHEREAS, at said hearing, upon hearing and considering all testimony and 25 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 2° relating to the Hillside Development Permit; and 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES, HIGHLAND JAMES SUBDIVISION - HDP 08-03 based on the following findings and subject to the following conditions: 3 Findings: 4 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages; 6 2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly 7 identified on the constraints map; ° 3. That the development proposal is consistent with the intent, purpose, and requirements of o the Hillside Ordinance, Chapter 21.95, in that the hillside conditions of the project have been properly identified on the constraints map, which show existing and proposed 10 conditions and slope percentages; the proposed pad grades are terraced and follow the natural slope of the property; the project grading volumes (1,466 cubic 11 yards/acre) are within the "acceptable" range, and; the project proposes only minimal encroachment (50 square feet) into the 40% gradient natural slope which bisects the property. 13 4. That the proposed development or grading will not occur in the undevelopable portions 14 of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that the project proposes only minimal encroachment (50 square feet) into natural 15 slopes of 40% or greater gradient as allowed by Section 21.53.230(4) of the Carlsbad , fi Municipal Code. 17 5. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the grading design minimizes the 18 amount of grading, and respects the natural terrain; and the pad grades for the proposed subdivision have been designed to step and follow the dominant slope of 19 the land. 20 •-..--6. 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. 0 ^Conditions: 24 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the 25 recordation of the final map or issuance of a grading permit, whichever occurs first. 2° 1. If any of the following conditions fail to occur, or if they are, by their terms, to be ~7 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 28 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 2 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. 3 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 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 5 development, different from this approval, shall require an amendment to this approval. 7 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.8 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 10 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. 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 14 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 Hillside Development , fi Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 17 (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 18 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. 20 6. This approval is granted subject to the approval of ZC 08-01, CT 08-06, and CBP 08-17 21 and is subject to all conditions contained in Planning Commission Resolutions No. 6540, 6541, and 6542 for those other approvals incorporated herein by reference. 22 7. This approval shall become null and void if the recordation of the final map is not recorded for this project within 24 months from the date of project approval. 24 Prior to the recordation of the final map or issuance of a grading permit, whichever 25 occurs first, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all 27 interested parties and successors in interest that the City of Carlsbad has issued a Hillside Development Permit by Resolution(s) No. 6543 on the property. Said Notice of 28 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 PC RESO NO. 6543 -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 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. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. . -.. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on March 18, 2009, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery MARTELL B. MONTGOMERY,%nairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Planning Director EXHIBIT 4 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No.© P.C. AGENDA OF: March 18, 2009 Application complete date: January 27, 2009 Project Planner: Dan Halverson Project Engineer: Clyde Wickham SUBJECT: ZC 08-017 CT 08-067 CDP 08-177 HDP 08-03 - HIGHLAND JAMES SUBDIVISION - A Request for approval of a Zone Change, a Tentative Tract Map, a Coastal Development Permit, and a Hillside Development Permit to rezone a portion of a 1.06 acre lot from R-l-10,000 to R-l-7,500, and allow for the demolition of an existing single-family residence and associated detached garage, and the subdivision of the lot into five single family residential lots on property generally located on the east side of Highland Drive, west of James Drive, and south of Tamarack Avenue in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 1. I.RECOMMENDATION That the Planning Commission RECOMMENDING APPROVAL of ADOPT Planning Commission ZC 08-01, and ADOPT Resolution No. 6540 Planning Commission Resolutions No. 6541, 6542, and 6543 APPROVING CT 08-06, CDP 08-17, and HDP 08-03, based on the findings and subject to the conditions contained therein. II.INTRODUCTION The proposed project consists of the demolition of a one-story single-family residence with an associated detached garage and the subdivision of a 1.06 acre lot into five (5) single family residential lots. The project requires a Tract Map (CT) for the subdivision of the land, and a Hillside Development Permit (HDP) for the development of slopes that are greater than 15% gradient with an elevation differential of greater than 15 feet. The project also requires a Zone Change (ZC) to change a portion of the three proposed lots that front on James Drive from R-l- 10,000 to R-l-7,500. The two proposed lots that front Highland will remain R-l-10,000. The site is within the Mello II Segment of the Local Coastal Program and therefore, a Coastal Development Permit (CDP) issued by the City of Carlsbad is required for the demolition and subdivision. No homes are proposed with this application and the future development of a home on each lot will require a subsequent Coastal Development Permit. There are no unresolved issues; therefore the staff recommendation of approval with conditions is supported by the analysis as follows. III. PROJECT DESCRIPTION AND BACKGROUND The site has a General Plan land use designation of Residential Low-Medium Density (RLM), which allows residential development at a density range of 0 to 4 du/acre with a Growtho ZC 08-01/CT 08-06/CDP 08-17/HDP 08-03 - HIGHLAND JAMES SUBDIVISION March 18, 2009 Page 2 Management Control Point of 3.2 units per acre. The property's zoning is Single Family Residential R-1-10,000 and R-1-7,500, which allows for single-family lots. The existing property is a through lot located between Highland and James Drive which is currently developed with a single family residence which takes access off of Highland Drive. The lots adjacent to the property and fronting on Highland Drive are zoned R-1-10,000, with 10,000 square foot minimum lot sizes, while the lots fronting on James Drive are zoned R-l-7,500, with 7,500 square foot minimum lot sizes. This lot is currently developed with a single family residence. Topographically, the lot slopes downward approximately 29 feet from the west property line (Highland Drive) to the east property line (James Drive). An intervening 18 foot tall natural slope (ranging from 15% to 40% gradient) bisects the property, from north to south. Otherwise, the property is previously disturbed and does not contain any sensitive vegetation or habitat. The applicant is proposing to subdivide the 1.06-acre site into five (5) single-family lots including, two minimum 11,918 square foot lots fronting on Highland Drive and three minimum 7,504 square foot lots fronting on James Drive. The applicant is proposing a Zone Change to change a portion of the three proposed lots that front on James Drive to R-l-7,500, while the two proposed lots that face Highland Drive will remain R-l-10,000. As shown on Exhibit ZC 08-01, the eastern 35 feet of the three proposed lots that front on James Drive is zoned R-l-7,500 while the balance of the property is zoned R-l-10,000. The proposed zone change will move the R-l- 7,500 zone line on these proposed lots 90 feet west to the toe of an existing slope. The zoning on these proposed lots would then be consistent with the other adjacent R-l-7,500 zoned parcels located immediately to the north and fronting on this block of James Drive. This zone change will also bring the zoning map into consistency with the City's LCP zoning map, which currently shows this portion of the property zoned R-l-7,500. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. Residential Low-Medium Density (RLM) General Plan Land Use Designation; B. Single Family Residential Zone (R-l-10,000/7,500)(Chapter 21.10 of the Zoning Ordinance); C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203); D. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); E. Hillside Development Regulations and Guidelines (Chapter 21.95 of the Zoning Ordinance); and F. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance) 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 detail in the sections below. A. Residential Low-Medium Density (RLM) General Plan Land Use ZC 08-01/CT 08-06/CDP 08-17/HDP 08-03 - HIGHLAND JAMES SUBDIVISION March 18, 2009 Page 3 The zone change from R-l-10,000 to R-1-7,500 continues to be consistent with the underlying RLM General Plan designation in that the R-l Zone is the implementing zone for the RLM General Plan designation. The subject property is designated RLM (0-4 du/acre with a 3.2 du/acre Growth Management Control Point density). It has a net area of 1 acre and at the RLM Growth Management Control Point, 3.2 dwelling units are allowed. The proposed project (5 lots on 1 net acre) has a density (5 du/acre) that is above the top of the RLM Growth Management Control Point and density range. However, the General Plan Land Use Element includes a commonly used policy that allows a density increase of 25% above the top of the RLM density range (up to 5 du/acre) where the zone of the property (R-l) is consistent with the land use designation (which it is in this case) and specific findings can be made. This policy was incorporated into the General Plan to acknowledge that based upon the R-l Zone's minimum lot size (7,500 SF), up to 5.8 dwelling units could technically be achieved on a 1 acre RLM designated lot (43,560 SF/7,500 SF = 5.8 DUs). All of the required findings can be made to approve this 25% density increase as shown in Table A below: TABLE A - GENERAL PLAN LAND USE COMPLIANCE FINDINGS The project must be compatible with the objectives, policies, general land uses and programs expressed in the General Plan Land Use Element. All of the necessary infrastructure must be in place to support the project. The proposed density must not exceed the maximum density allowed at the top of the range by more than an additional 25%. COMPLIANCE As demonstrated in Table B below the project is compatible with the General Plan. The project either incorporates the necessary infrastructure or is conditioned to provide it. The maximum density of the RLM designation is 4 du/acre. The proposed project density is 5 du/acre, which is a 25% increase. The project also complies with all elements of the General Plan as outlined in Table B below: TABLE B - GENERAL PLAN COMPLIANCE ELEMENT Land Use Housing USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Policy C.3 of the Land Use Element (Overall Land Use Pattern) - To ensure the review of future projects places a high priority on the compatibility of adjacent land uses along the interface of different density categories. The provision of affordable housing. PROPOSED USES & IMPROVEMENTS The proposed project (5 single family lots) is compatible with adjacent land uses in that the surrounding area is developed with single- family residences on similar sized lots. The project has been conditioned to pay an affordable housing in- lieu fee per lot in order to provide their proport-ionate share of affordable housing. COMPLY? Yes Yes ZC 08-01/CT 08-06/CDP 08-17/HDP 08-03 - HIGHLAND JAMES SUBDIVISION March 18,2009 PaRe4 TABLE B - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES IMPROVEMENTS &COMPLY? Open Space & Conservation To minimize environmental impacts to sensitive resources within the City. To utilize Best Management Practices for control of storm water and to protect water quality. The project does not impact sensitive resources as the site has been previously disturbed and is currently developed with a single-family dwelling. The project will conform to all NPDES requirements and provide a Storm Water Pollution Prevention Plan (SWPPP). Yes Yes Noise To achieve the residential exterior noise standard of 60 dB(A) CNEL and interior noise standard of 45 dB(A) CNEL. A noise study was prepared and the project site as is currently meets the exterior 60 dB(A) CNEL noise standard and any development of the proposed lots in the future will be designed to meet the interior noise standard of 45 dB(A) CNEL. Yes Circulation To require new development to construct roadway improvements needed to serve proposed development. All public facilities have been or are conditioned to be built including curb, gutter and sidewalks along James Drive. Highland Drive is an "Alternative Design Street" zone and the project is conditioned to enter into a Neighborhood Improvement Agreement to allow for future improvements as part of a larger project. Yes B. R-l-10,000/7,500 Single Family Residential Zone The project is required to comply with all applicable regulations and development standards of the Carlsbad Municipal Code (CMC) including the R-l-10,000/7,500 zone (CMC Chapter 21.10). As summarized in Table C below, the project complies with all standards of the R-l-10,000 and the R-l-7,500 Zone. ZC 08-01/CT 08-06/CDP 08-17/HDP 08-03 March 18, 2009 Page 5 HIGHLAND JAMES SUBDIVISION TABLE C - R-l-10,000/7,500 ZONE DEVELOPMENT STANDARDS COMPLIANCE Applicable R-l-10,000/7,500 Zoning Development Standards Standard Minimum lot size Lot width Zone/ Required R- 1-7,5007 7,500 square feet R-l -10,000/1 0,000 sq. ft 60 feet for lots up to 10,000 square feet in size; 75 feet for lots 10,001-20,000 square feet in size. Proposed Lot 1 - 7,506 sq ft Lot 2 - 7,505 sq ft Lot 3 - 7,504 sq ft Lot 4- 11,916 sq ft Lot 5- 11,918 sq ft Lot 1 - 60 feet Lot 2-60 feet Lot 3-60 feet Lot 4 -83. 3 feet Lot 5 -83. 3 feet Comply? Yes Yes Yes Yes The proposed lots have adequate area for building pads to accommodate single-family dwelling units that will meet all setbacks and have access to a publicly dedicated street. The two lots along Highland Drive will however require a split-level floor plan design. No homes are being proposed with this application and in order for the proposed lots to have utility services and access to adjacent roadways; the developer has been conditioned to offer various dedications (e.g., drainage easements, street rights-of-way). C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203); The project site is located in the Mello II Segment of the Local Coastal Program (LCP) which contains land use policies for development and conservation of coastal land and water areas within the Mello II segment boundaries. The site is also located within and subject to the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the CMC). The project site is not located within the appeals jurisdiction area of the California Coastal Commission. The projects compliance with these programs and ordinances is discussed below. 1.Mello II Segment of the LCP The LCP Land Use Plan designates the subject site for Residential Low-Medium (RLM) density development which allows a density of 0-4 du/ac. The LCP zoning map designates half the site as R-l-10,000 and the other half as R-l-7,500 (both Single-Family Residential). As discussed above, the proposed Zone Change will bring the City's zoning map into conformance with the LCP zoning map. The project's proposed density (5 du/acre) is consistent with the LCP RLM Land Use Designation as previously discussed.in section A of this report. ZC 08-01/CT 08-06/CDP 08-17/HDP 08-03 - HIGHLAND JAMES SUBDIVISION March 18, 2009 Page 6 No agricultural uses currently exist on the site, nor are there any sensitive resources located on the previously developed property. The project is not located in an area of known geologic instability or flood hazard. No public opportunities for coastal access are available from the subject site and no public access requirements are conditioned for the project. Since the project is not located between the first public roadway and the ocean, the residentially designated site is not suited for water-oriented recreation activities and the development does not obstruct views of the coastline as seen from public lands or public right-of-way. 2.Coastal Resource Protection Overlay Zone The project site is located in the Coastal Resource Protection Overlay Zone. This overlay zone generally restricts the development of steep slopes of 25% or greater that contain endangered plant/animal species and/or Coastal Sage Scrub or Chaparral plant communities. However, the overlay zone allows development of steep slopes of 25% or greater that do not contain the above- noted sensitive habitat plants/animals, subject to specific findings. The project is proposing minor encroachment (50 square feet) into an existing 18' tall natural slope with a gradient of 25% or greater for the construction of a fill slope on proposed lot #5. The slope does not contain sensitive habitat and therefore is consistent with the Coastal Resource Protection Overlay Zone. The proposed project complies with all of the required findings of the Coastal Resource Protection Overlay Zone as illustrated in the Table D below. TABLE D - COASTAL RESOURCE PROTECTION OVERLAY ZONE COMPLIANCE FINDING RESPONSE That a soils investigation be conducted to determine that the site slope areas are stable and grading and development impacts mitigable for at least 75 years, or the life of the structure. A soils and geologic analysis of the site was prepared in conformance with City requirements. The minimal proposed grading impacts are mitigable for at least 75 years, or the life of the structure, in that the subdivision nor subsequent development will not adversely affect nor interfere with the stability or existing geologic condition of the subject slope area, and that the site is suitable for the proposed subdivision. Grading of the slope is essential to the development of the site. The proposed grading is essential to the development of the site in that the minor encroachment area will enable the development of a more developable building pad. Slope disturbance will not result in substantial damage or alteration to major wildlife corridors, habitat or native vegetation. Slope disturbance will not damage or alter major wildlife habitat or native vegetation since it is an infill lot and the site has been previously disturbed. Pursuant to a Biological Report prepared for this property (Planning Systems, November 11, 2008) neither natural plant communities or sensitive plant species ZC 08-01/CT 08-06/CDP 08-17/HDP 08-03 - HIGHLAND JAMES SUBDIVISION March 18,2009 Page 7 occur on site. TABLE D - COASTAL RESOURCE PROTECTION OVERLAY ZONE COMPLIANCE CONTINUED FINDING RESPONSE No grading or removal of steep slopes will be permitted unless all environmental aspects have been mitigated. The Biological Report concludes that the site contains no sensitive habitats or wildlife and that no environmental impacts will result from the project. No grading will occur on the slope except for a 50 square foot fill slope needed to create a pad for the subdivision. The site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. The project is also consistent with the other provisions of the Coastal Resource Protection Overlay Zone in that the project will adhere to the City's Master Drainage Plan, Chapter 15.16 - Grading and Erosion Control Ordinance, Chapter 15.12 - Storm Water Management and Discharge Control Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. D.Subdivision Ordinance The Engineering Department has reviewed the proposed tentative map and has concluded that the five (5) lot subdivision complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. All major subdivision design criteria have been complied with and the project is conditioned to install infrastructure improvements concurrent with development. The developer will be required to offer various dedications (e.g., drainage, public utility) and will be responsible for a number of public and private improvements, including but not limited to undergrounding the power pole and other street improvements along James Drive. The project has been designed in accordance with Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) Requirements. E. Hillside Development Regulations and Guidelines The project is subject to the Hillside Development Regulations because the site contains slopes over 15% gradient and slope elevation differences greater than 15 feet. The project meets all the requirements of the Hillside Development Regulations and Guidelines as discussed below: ZC 08-01/CT 08-06/CDP 08-17/HDP 08-03 - HIGHLAND JAMES SUBDIVISION March 18,2009 Page 8 • Hillside conditions of the project have been properly identified on the constraints map, which show existing and proposed conditions and slope percentages; • The proposed pad grades are terraced and follow the natural slope of the property; • The project grading volumes (1,466 cubic yards/acre) are within the "acceptable" range, and; • The project proposes only minimal encroachment (50 square feet) into the 40% gradient natural slope which bisects the property. F. Growth Management 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 the table below. GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water IMPACTS 17.38 sq.ft. 9.27 sq. ft. 5EDU .03acre(l,307sqft) Basin B- lOc.f.s. 50 ADT Station No. 1 0 acres Carlsbad Unified Elementary (1.31) Junior high (.36) High school (.68) Total = 2.35 5EDU 2,750 GPD COMPLIANCE Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes Yes Yes Yes Yes The proposed project is 1.8 units above the Growth Management Control Point for RLM designated property. Accordingly, 1.8 dwelling units will be withdrawn from the City's Excess Dwelling Unit Bank. V.ENVIRONMENTAL REVIEW The project Zone Change is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule Exemption) which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The zone change from R-l- 10,000 to R-1-7,500 for the three proposed lots that will front on James Drive will create consistency in the area in that other adjacent lots off of James Drive are already zoned R-l- 7,500. The Zone Change will also bring the City's Zoning Map into conformance with the LCP zoning map. ZC 08-01/CT 08-06/CDP 08-17/HDP 08-03 - HIGHLAND JAMES SUBDIVISION March 18,2009 Page 9 The project Tract Map, Coastal Development Permit, and Hillside Development Permit are exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15332 (In-Fill Development Projects) in that the project is subdividing a lot into five (5) lots and meets the requirements as described below: a) The project is consistent with all applicable General Plan and Zoning designations; b) The proposed development occurs within the City limits and the site is less than five (5) acres; c) The project site has no habitat for endangered, rare or threatened species; d) The project site does not result in any significant effects relating to traffic, noise, air quality, or water quality; and, e) The project site can be adequately served by all required utilities and public services. No other environmental review is required for the project. A Notice of Exemption will be filed by the Planning Director upon final project determination. ATTACHMENTS: 1. Planning Commission Resolution No. 6540 (ZC) 2. Planning Commission Resolution No. 6541 (CT) 3. Planning Commission Resolution No. 6542 (CDP) 4. Planning Commission Resolution No. 6543 (HDP) 5. Location Map 6. Background Data Sheet 7. Local Facilities Impact Assessment Form 8. Disclosure Statement 9. Reduced Exhibits 10. Exhibits "A-E" dated March 18, 2009 BACKGROUND DATA SHEET CASE NO: ZC 08-01/CT 08-06/ CDP 08-111 HDP 08-03 CASE NAME: Highland James Subdivision APPLICANT: Robert Ladwig. Ladwig Design Group REQUEST AND LOCATION: A request for approval of a Zone Change to change a portion of the three proposed lots that front on James Drive from R-l-10,000 to R-1-7,500: and a request for approval of a Tentative Tract Map, a Coastal Development Permit, and a Hillside Development Permit to allow the demolition of an existing sinfile-family residence and associated detached garage and subdivide a lot into five (5) single family lots on a 1.06 acre site generally located on the east side of Highland Drive, west of James Drive, and south of Tamarack Avenue in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 1. LEGAL DESCRIPTION: All That Portion of the Northwesterly 256.7 Feet of That Portion of Tract Two Hundred Forty-Seven (247) of Thum Lands, in the County of San Diego, State of California, According to Map Thereof No. 1681, Filed in the Office of the County Recorder of San Diego County, December 9, 1915 APN: 2207-130-730 Acres: 1.06 Proposed No. of Lots/Units: 5 Lots and 0 Units GENERAL PLAN AND ZONING Existing Land Use Designation: RLM - (Low-Medium Density Residential) Proposed Land Use Designation: N/A Density Allowed: 0-4 du/ac Density Proposed: 5 du/ac* Existing Zone: R-l-10,000/R-l-7,500 (Single-Family Residential) Proposed Zone: R-l-10.0007 R-1-7.500 (Single-Family Residential) * The project's proposed density is 5 single family lots per acre which is above the RLM density range of 0-4 dwelling units per acre. However, there is an exception within the Land Use Element of the Carlsbad General Plan (page 16) which specifies that when the base zone (R-l-7,500) is consistent with the land use designation (RLM) then a slightly higher yield to accommodate a single-family residence is permitted. In these exceptional cases the City may find that the project is consistent with the Land Use Element if it satisfies specific findings (see findings in staff report). Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site R-l-10,000/R-l-7,500 RLM - (Low-Medium Single-Family (Single-Family Res.) Density Residential) Residential North R-l-10,000/R-l-7,500 RLM - (Low-Medium Single-Family (Single-Family Res.) Density Residential) Residential Revised 01/06 South R-1-10,000/R-1-7,500 RLM - (Low-Medium Single-Family (Single-Family Res.) Density Residential) Residential East R-l-7,500 - (Single- RLM - (Low-Medium Single-Family Family Residential) Density Residential) Residential West R-l-10,000 - (Single- RLM - (Low-Medium Single-Family Family Residential) Density Residential) Residential LOCAL COASTAL PROGRAM Coastal Zone: IXI Yes I I No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: I I Yes 1X1 No Coastal Development Permit: IXI Yes I I No Local Coastal Program Amendment: I I Yes IXI No Existing LCP Land Use Designation: RLM - (Low-Medium Density Residential) Proposed LCP Land Use Designation: N/A Existing LCP Zone: R-l-10.000/R-l-7.500 (Single-Family Residential) Proposed LCP Zone: R-l-10.QOO/R-1-7,500 (Single-Family Residential) PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 5 EDU's ENVIRONMENTAL IMPACT ASSESSMENT IXI Categorical Exemption, ZC 08-01 - Section 15061(b)(3) (General Rule Exemption). CT 08-06/CDP 08-17/HDP 08-03 - Section 15332 (In-fill Development Projects). Negative Declaration, issued Certified Environmental Impact Report, dated_ Other, Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Highland James Drive Subdivision - ZC 08-01/ CT 08-06/ CDP 08-17/ HDP 08-03 LOCAL FACILITY MANAGEMENT ZONE: 1 GENERAL PLAN: RLM (Residential Low-Medium) ZONING: R-1-10.000/R-1-7.500 (Single-Family Residential) DEVELOPER'S NAME: Robert Ladwig - Ladwig Design Group ADDRESS: 2234 Faraday Avenue, Carlsbad. CA 92008 PHONE NO.: 760-438-3182 ASSESSOR'S PARCEL NO.: 207-130-73-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 1.06 AC. ESTIMATED COMPLETION DATE: Unknown A. City Administrative Facilities: Demand in Square Footage = 17.38 B. Library: Demand in Square Footage = 9.27 C. Wastewater Treatment Capacity (Calculate with J. Sewer) 5 EDU D. Park: Demand in Acreage = .03 E. Drainage: Demand in CFS = 10 Identify Drainage Basin = Basin B (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = 50 (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = No. 1 H. Open Space: Acreage Provided = N/A I. Schools: Carlsbad Unified (Demands to be determined by staff) J. Sewer: Demands in EDU 5 EDU K. Water: Demand in GPD = 2.750 L. The proposed project is 1.8 units above the Growth Management Control Point for RLM designated properties. r 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 submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1 . 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or 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.) Corp/Part Title Address 1Q4& ,3%. tDfLlot Title Address 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 ail 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 Title Corp/Part_ Title Address Address 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Title Non Profit/Trust. 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? Yes 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 ofwner/Sate Signature of applicant/date Print or type name of owner Print or type name of applicant ignature of owner/applicant'^/agent if applicable/date Print or type name of owner/applicant's agent H:AOMIN\COUNTER\DISCLOSURE STATEMENT 12/06 Page 2 of 2 . i EXISTING 5' I f PUBLIC DRAW! , -EASEMENT^ ; ESS™jatjVMx iseixi __J__J^5'2t AW 207-130-08 Co • 1 J 4- 1, 1: !' 1, r, f i PROPOSED 6' PRIVATE' DRAINAGE EASEMENT FOR THE BENEFIT OF LOT 2, LOT 4 AND LOT 5. LOT 1 / PAD=1J40 / Tj AREA (NET * CfiOSShTJOe S.F 12S.O8- / P^AJ 'i ABE* (NET fc<*OSS)=750S S.F. PROPOSED 61 PRWATE DRA4NAGE-^s^EASEMENT FOR THE BENEFTT OF ,' / LOT 3 ; PAD=13Z7 i AHA 4NCT t GROSS)- 7504 Sf . J ] J __ j j .«., j j J - . 1-- •'' , PROPOSED f PRWATE ORAINAGfl \ \ -£ASEMEKT FOP THE BENEFIT 0 COT 2 * " ' TENTATIVE MAP 4-~ i HIGHLAND-JAMES SUBDIVISION CT 08-06/ CDP 08-17/ HDP 08-03/ ZC 08-01 ;iREET LIGHT STWOWKB lEXGfiOW*^ '— EX. AC F srsjjar^™. IC/U. SECTION - HIGHLAND DRIVE TYPICAL SECTION - JAMES DRIVE NOT TD SCALE «H m SCALE GENERAL NOTES ASSESSOR PARCELEXISTING ZONING PROPOSED ZONING EXISTING GENERAL PLAN PROPOSED GENERAL PLANSCHOOL DISTRICT WATER DISTRICT SEWER DISTRICT AVERAGE DAILY TRAFFIC TOTAL ACRES TOTAL NUMBER OF LOTSDENSITY TOPOGRAPHIC SOURCE AVERAGE SEW DEMANDWATER DEMAND FIRE FLOWIRRIGATION DEMAND 2Q7-)3O-73R-1-7500. R-1-10.000 RLMRLMCARLSBAD UNIFIED SCHOOL DISTRICT CARLSBAD MUWOPAL WATER DISTRICT CITY OF CARLSBAD 5 LOTS X 10 - 50 ADT 1.18 ACRES (TO CENTERLWE OF HIGHLAND DR.-I.07 AC. H5 SEE TABLE ft THIS BELOW SHEET TOmLL INC. - COMPILED DATED SEPI. Z 0* 5 EDU (MCUJDES 1 EXISTING) 5 DU X 550 CPO - 2750 CPO (INCLUDES 1 EXISTING) 4250 GPU FOR 4 HOURS196O2 S-F- X 0.1 CAL/S.F-DAY" 1960 GAL/BAY ; TABLE #1 : GROWTH MANAGEMENT CALCULATION : NET SITE AREA 1 06 AC. NtTOX TO 2SX SLOPES 0.96 AC 2SX TO 40X SLOPES O.OB AC{ X 50X) - -t-Q.04 AC-. 40* AND OVER SLOPES - Q.QPM- : NET DEVELOPABLE AREA - 1.00 AC. I • NOTE; COUNCIL POUCY 43 ALLOWS 25* ABOVE W I USE DESIGNATION (4) OR 5 UNITS/AC. - 5.00 PROPOSED K5ULATIHS KLN1SE IT ME UK DKOM VHH DC CMHUCTOmTC OF MMCMLQBE stem* lussa. PMMQWM i, L c u OWJH no. jr TW WSMID SOMEran. nc HCTUN. UPC «t* mn « c TEB i/. SUBDIVIDED AND DEVELOPED IN TWO PHASES. LOTS 1. 2 AMD 3 SHALL BE THE FKST PHASE. LOTS 4 AND 5 SHALL BE THE SECOND PHASE. MHOS GRADING RELATED TO THE DEVELOPMENT OF PHASE ONE SMALL BE COMPLETED ON PHASE 2. 1 ALAMEOA. TRUSTEE OF THE ALAMEOA TRUST OATETJ J P.O. BOX 1633 CARLSBAD, CA 82O16 MIKE ffGARA 434-7563. FAX 434-7563 LEGAL DESCRIPTION :ATE or COUPUANCE: ASSESSOR PARCEL NUMBER; 207-130-73 PREP ArE^ONDERAfe StytR VIS I GARY UPSK* RCE 83080 EXPIRES 12/31/09 SHEET 1 OF 3 - PUT PATE. g-03-W -., ARE* (*T fcGROSSl=7505 SF SYMBOL LEGEND ELEVATION, FWSH SURFACEELEVATION. HWSH GRADE —ELEVATKW. TOP OF GRATEELEVATION. HIGH POINT .ELEVATION. LOW PWMT. FLO* ONE CM. ENCMERMG ' LAND PUWNMGEngineering Inc. 1843 CampesiDO PlaceQceamnde. CA 92054TUe: (TfO) 49B-200a (TOO) 430-2066 HIGHLAND-JAMES SUBDIVISION CT 08-06/ CDP 08-17/ HDP 08-03/ ZC 08-01 USEtUl SUBDtvraON BOUNDARY PROPOSED LOT UMELOT NUMBERPROPOSED PAD ELEVATIONEMSTtNG CONTOUREXISTWG WATER MAIN EXISTMG SEWER MAIN AND MANHOLEEMSTMG STORM DRAIN EWSTWG STREET UGHI PROPOSED GRASS LINED SWALE PROPOSED FILL SLOPES PHASING NOTETHE APPLICATION IS FOR A 5 LOT SUBDIVISION MUCH IS TO BE SUBDIVIDED AND DEVELOPED IN TWO PHASES. LOTS 1. 2 AND 3SHALL BE THE FIRST PHASE. LOTS 4 AND 5 SHALL BE THE SECONDPHASE- MINOR GRADING RELATED TO THE DEVELOPMENT OF PHASEONE SHALL BE COMPLETED ON PHASE 2. GRADING QUANTITIES • CUT - 865 CUBIC YARDS 950 C.T OWNERCCORCE KENNETH ALAMEDA. TRUSTEE OF THE ALAUEDA TRUST DATED JUU.Y 3, 1P.O. BOX 1653 CARlSeAD. CA 92016 MWE O"CARA 434-7563. FAX 4J4-7S6J LEGAL DESCRIPTION ASSESSOR PARCEL NUMBER: 207-130-73 CONSTRUCTION L£GEND FOR IMPROVEMENTS © $ m COOES srokr. va SJULSH e~i © DEWG FQKR Pfc£ «C fflO «<0 WUIO 1C K RXED IMENOUW (?) FKJPCEH1 CWSS SHE t& OOM.V ON 9CET ] © vfmu aajom fa sjutso o-zt © muss © «n usa © PROKCED W OBOKT NWN K> SfiJUD, C-HA SHEETS OF 3 PL131 MIL 5-B3-M PLANNING — ASSOCIATES POTABLE WATER USE PLAN HIGHLAND - JAMES SLOPE REVEGETATION/EROSION CONTROL POLICIES AND REQUIREMENTS SiOPE PLANTING STANDARDSSLOPES REQUIRING EROSION CONTROL MEASURES AS SPECIFIED HERlN SHALL BE TREATED WTn ONE OR MORE OF THE FOLLOWING PLANTING STANDARDS k STANDARD H l-COVER CROP/REINFORCED STRAW WATTING. COVERING GRASSES. CLOVERS ANO/OR WHO FiOWERS SUBMIT THE SPEOFiC SEEP MIX FOR en- APPROVAL PRIOR TO APPLICATION THE ^OVER CROP SHALL BE APPLIED AT A R»T£ AND WANNER SUFFICIENT TO PROVIDE 90* COVERAGE WITHIN THIRTY (30) DAYS TYPE OF REINFORCED STRAW MATTlfjG SHALL BE AS AF-PROVED BY THE CITY ANO STAKED T0 THE SLOPE" AS RECOMMENDED BY THE UAHuFACTjRER REINFORCED STRAW MATTING SHALL BE REQUIRED WHEN PLANTING OCCURS BETWEEN AUGUST 15 ANO APRIL 15 THE COVER CROP AND/OR REINFORCED STRAW MAT SHALL BE DSED THE REMAINDER Of THE YEAR ) STANDARD |2 - GROUND C01<ON£ HUNDRED {'00%) PEftCEN EXCELLENT SOL BINDING CHAP C STANDARD §3 - LOW SHRUBS LOW SPREADING WXX>Y SHRUBS (PLANTED FROM A MINIMUM OF 2- D STANDARD |4 - TREES AND/OR LABGE SHRUBSTREES ANO/OR LARGE SHRUBS SHALL BE (PLANTED FROM A UINIUUM MINIMUM RATE OF ONE (t) PLANT PER TWO HUNDRED (200] SQUARE =f AND:D ARE ADJACENT TO PuBLiC STANDARD f 1 (COVER CROP /REINFORCED STRAW MATTING) O a FEET IN VERTICAL HEIGHT REQUIRE STANDARDS fl jl. .S 00 STREETS REQUIRE I S GR»OED FLATTER THAN S I REQUIRE STANDARD fi (COVER CROC /REINFORCED STRAW MATTING) THE- NAVE ONE OR MOftt Of THE FOLUmNG CONDITIONS1 GRADED PADS NOT SCHEDULED F0« IMPROVEMENTS WITmN 6 «ONT>-; Of COMPLETION OF Of THE AREA SHALL 6t PLANTED WITH A GROUND COVER CT£R(STlCS (PLANTED FROM A MINIMUM SIZE Of SLATTED M R«GE WITHIN ONE YtAR) (SEE HYORoSEEDifiG) LANDSCAPE CONCEPT PLAN HIGHLAND - JAMES APPROXIMATELY M* (2 AC,) OF THE SITE IS USED FOR LANDSCAPINiS 3. LANDSCAPE ZONE SUMMARY- ZONE I - LUSH LANDSCAFINS ZONE 2 - REFINED LANDSCAPING ZONE 3 - NATURALIZINS LANDSCAPING ZONE 4 - NATIVE ANNUAL IRRIGATION REQUIREMENTS: ZONE I - OVER 3O" ZONE 2 - 10" - 30" ZONE 3 - LESS THAN IO' ZONE A - NON-IRRI SATED O 00 AC 10 0*) 0.2 AC flOCSW OOO AC (O.a O OO AC (O O%) JTAINED BY THE "IITHIN THE PROJECT WILL. UTILIZE LOW WATER DEMAND LAWN AREAS SHOULD BE LIMITED WHERE POSSIBLE IRRIGATION FOR THE SITE WILL BE AN AUTOMATICALLY CONTROLLED UNDERi&ROUND SYSTEM USINS LOW AALLONA&E SPRAY HEADS WITH THE EXCEPTION OF OPPORTUNITIES FOR DRlP iRRIi&ATICW AT SELECTED LOCATIONS. IRRIGATION L7ESI6N WILL CONFORM TO CITY OF CARLSBAD LANDSCAPE MANUAL. A MINIMUM OF 3" OR6ANIC MULCH SHALL BE ADDED TO NON-TURF PLANTINiS AREAS WITH SLOPES LESS THAN 3:1. WHERE ADJACENT TO CURBS, THE MULCH THICKNESS MAY TAPER DOWN TO I" MINIMUM MATERIAL •4 ACCORDANCE WITH SIDELINES SET FORTH IN THE CITY OF CARLSBAD WATER CONSERVATION 3 THREE INCHES OF MULCH PLANT PALETTE - SOIL CONDITIONERS TO INCREASE AND - BE USED IN NON-TURF AREAS TO REDUCE MOISTURE LOSS -MA6NOLIA ARANDIFLORA.-LAtARANDA MIMOSIFOUA fT3» 15 AALUON I 25*. S ftAU-ONJ CASSIA LEPTOPHTtLA. *OLD MEDAl PLAMTANU5 RAC.EMOSA, CALIFORNIA (DCS. STAR JASMINE EXI5TIN& TREE O BC MMOVCD EXiSTiN* TREE TO BE PROTECTED EXHIBIT 5 Planning Commission Minutes March 18,2009 Page 3 2. ZC 08-01/ CT 08-06/ CDP 08-17/ HDP 08-03 - HIGHLAND JAMES SUBDIVISION - A Request for a recommendation of approval of a Zone Change, and a request for approval of a Tentative Tract Map, a Coastal Development Permit, and a Hillside Development Permit to rezone a portion of a 1.06 acre lot from R-1-10,000 to R-1-7,500, and allow for the demolition of an existing single-family residence and associated detached garage, and the subdivision of the lot into five single family residential lots on property generally located on the east side of Highland Drive, west of James Drive, and south of Tamarack Avenue in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 1. Mr. Neu introduced Agenda Item 2 and stated Assistant Planner Dan Halverson would make the staff presentation. Chairperson Montgomery opened the public hearing on Item 2. Mr. Halverson gave a brief presentation and stated he would be available to answer any questions. Chairperson Montgomery asked if there were any questions of Staff. Commissioner Baker asked if a Notice of Pending Application sign was placed on the project site. Mr. Halverson stated the applicant did not have a sign placed on the site. Commissioner Baker stated her concerns regarding potential slides or problems for those lots along James Drive, and asked Staff to comment on the cut and retaining walls for the proposed sites. Mr. Halverson stated there are no retaining walls proposed or homes proposed at this time. Staff did review the plans to make sure pads could be made on the site and that is what the small amount of grading is for. Commissioner Baker further asked if any formal retaining walls would then be part of the individual applications for the homes. Mr. Halverson stated that was correct. Commissioner Dominguez asked why the applicant is not proceeding with the entire project at this time. Mr. Halverson stated the applicant is planning on phasing the map with work on the lower 3 lots occurring first. Commissioner Dominguez stated that it would be rather difficult to build the lower lots first. Glen Van Peski, Senior Civil Engineer, stated that the way the project is designed, the lots along James Drive can be graded independently of the lots along Highland Drive. Chairperson Montgomery asked if the project applicant is proposing to phase the grading as well. Mr. Van Peski stated he is proposing to phase the final maps for the project, to record the first map to create the lower 3 lots first. The applicant has not gotten into detail regarding the grading as of yet. Chairperson Montgomery stated that with the phasing, there would be one, fully implemented grading plan for the lower 3 lots, and that each of those lots would not be separately graded. Mr. Van Peski stated that was correct. Chairperson Montgomery asked about the mapping procedures. Mr. Van Peski stated that the applicant would come forward with a three lot tract map followed by a two lot tract map. Commissioner Baker asked about street improvements along Highland Drive. Mr. Van Peski stated Highland Drive is an alternative design street and the applicant is required to execute a Neighborhood Improvement Agreement. Any improvements would be limited to transitions, minimum width for safety, etc. Commissioner Baker stated she does not like that there are parts of the City where sidewalks are improved only in sections. Mr. Van Peski stated that curb, gutter and sidewalks will not be constructed for this isolated area. Chairperson Montgomery asked what would preclude the applicant from coming forward with a fairly large grading operation on the upper 2 properties without coming back through the Planning Commission. Mr. Van Peski stated that one of the first things the Engineering Department looks at when grading plans are submitted is if it complies with what was approved with the tentative map. Commissioner Whitton asked when the existing buildings will be demolished. Mr. Van Peski stated those buildings will demolished with the second phase of the project. Planning Commission Minutes March 18,2009 Page 4 Chairperson Montgomery asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Bob Ladwig, Ladwig Design Group, representing the applicant, gave a brief presentation and stated he would be available to answer any questions. Commissioner Dominguez asked about the trailers on the property. Mr. Ladwig stated the applicant is in currently in the process of having those trailers removed. Chairperson Montgomery asked if there were any further questions of the applicant. Seeing none, he asked if any members of the audience wished to speak on the item. Seeing none, Chairperson Montgomery opened and closed public testimony. MOTION ACTION: Motion by Commissioner Douglas, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6540 recommending approval of ZC 08-01, and adopt Planning Commission Resolutions No. 6541, 6542, and 6543 approving CT 08-06, CDP 08-17, and HDP 08-03, based on the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson Montgomery, Commissioner Baker, Commissioner Boddy, Commissioner Cardosa, Commissioner Dominguez, Commissioner Douglas and Commissioner Whitton NOES: None ABSENT: None ABSTAIN: None Chairperson Montgomery closed the public hearing and thanked Staff for their presentations. COMMISSION COMMENTS Commissioner Boddy inquired about the Rhoades Minor Subdivision Appeal. Mr. Neu stated that last week, the City Council did hear the item at which they denied the appeal and upheld the Planning Director's decision. Commissioner Dominguez inquired about the Pedestrian Master Plan which was approved by Council on March 17, 2009. Mr. Neu stated that because the Engineering Department was the lead, the item went straight to City Council for approval. The Commission requested a meeting to cover the Pedestrian Master Plan and Bike Master Plan. Commissioner Douglas stated that March 23, 2009 is the first workshop for the Envision Carlsbad. Commissioner Boddy stated the Historic Preservation Committee held a meeting last week at which the members expressed concerns regarding the Army/Navy Master Plan due to the historic nature of some of the buildings on the site. Commissioner Boddy also commented that El Salto Falls has been identified as an area of concern. Commissioner Douglas reported on the CDBG Committee. PLANNING DIRECTOR COMMENTS Mr. Neu commented that the Housing Element has been postponed from the April 15, 2009 Planning Commission Meeting. All Receive-Agenda Item #J1 Lisa Hildabrand For the Information of the: From: Sent: To: Cc: Subject: Don Neu Tuesday, May 12, 2009 10:39 AM Lisa Hildabrand Kimberly Dillinger; Daniel Halverson; Public Noticing for Agenda Item #1 1 Asst. Q Pptf. *C/l3^ -^ I ILSg * •'"— Sandra Holder (Mfl/iofld - Highland James Subdivision ^~f*'+t \jf v{J_ uiiy Manager WVU>M , b(w ^ ^ Lisa, The city sent an Early Public Notice by mail to all property owners within 600 feet of the project boundaries and to all occupants within 100 feet at the end of September. A notice of the Planning Commission Hearing was sent out in early March to all owners within 600 feet and all occupants within 100 feet of the project. Noticing was also provided to the same owner and occupant radius list for the City Council Hearing. Please let me know if additional information is needed in regard to the noticing that was done for this project. Don Highland James Subdivision ZC 08-01 Background • On March 18, 2009 the Planning Commission recommended to the City Council approval of ZC 08-01 by a 7-0 vote; Planning Commission also approved CT 08-06, CDP 08- 17, and HDP 08-03; Permits are for the demolition of an existing residence, subdivision of a 1.06 acre lot into 5 single family residential lots with minor hillside development and in the Coastal Zone. Project Consistency General Plan - (RLM) Residential Low-Medium Land Use Designation; Zoning - (R-1-7,500/10,000) Single Family Residential; Coastal Development Permit Regulations; Subdivision Ordinance (Title 20); Hillside Development Regulations; Growth Management; and, CEQA. Recommendation That the City Council Introduce Ordinance Number CS-030 APPROVING ZC 08-01, based on the findings and subject to the conditions contained therein. This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 CCP.) 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: May 02nd, 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, Californi This 04tF] Jane Allshouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of NOTICE OF PUBLIC HEARING I NOTICE IS HEREBY GIVEN to you that the>v' City Council of the City of Carlsbad will hold apublic hearing_at the Council Chambers,1200 Carlsbad Village Drive. Carlsbad, California, at5:00 p.m. on Tuesday, May 12, 2009, to consider ap-jroval of a Zone Change to rezone a_portion of a 1.06acre lot from R-1-10,01)0 to Ft-1-7 500, and allow forthe demolition of an existing single-family residenceind associated detached garage, and the subdivision>f the lot into five single family residential lots on prop-erty generally located on the east side of HighlandDrive, west of James Drive, and south of TamarackAvenue in the Mello II Segment of the Local CoastalProgram and in Local Facilities Management Zone 1.andrnore particularly described as: AM That Portion of the Northwesterly 256.7 Feet ofThat Portion of Tract Two Hundred Forty-Seven(247) of Thum Lands, in the County of San Diego,State of California. According to Map Thereof No.1681 .Filed in the Office of the County Recorder of '".an Diego County, December 9,1915 T! , 2009. Ifyou have any questions, please call Dan Halverson in the Planning Department at (760) 602-4631 If you challenge the Zone Change in court, you ma;,be limited to raising only those issues you or someone else raised at the public hearing described in thisnotice or in written correspondence delivered to theCity of Carlsbad, Attn: City Clerk's Office, 1200 Carls-bad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZC 08-01 CASE NAME: HIGHLAND JAMES SUBDIVISIONPUBLISH: May 2, 2009 NCT 2210030 CITY OF CARLSBADCITY COUNCIL AM3AV-OD-008-L I mdfl-dod pjoqaj a| aa|3Aaj { ap uije ajnipeq ap suss T 09tS ©AM3AV lueqeo ja|9d CURRENT RESIDENT 4113 PARK DR CARLSBAD, CA 92008-3636 CURRENT RESIDENT 4111 PARK DR CARLSBAD, CA 92008-3636 CURRENT RESIDENT 4010 JAMES DR CARLSBAD, CA 92008-2645 CURRENT RESIDENT 4000 JAMES DR CARLSBAD, CA 92008-2645 CURRENT RESIDENT 3963 JAMES DR CARLSBAD, CA 92008-2603 CURRENT RESIDENT 3971 JAMES DR CARLSBAD, CA 92008-2603 CURRENT RESIDENT 3980 JAMES DR CARLSBAD, CA 92008-2602 CURRENT RESIDENT 3970 JAMES DR CARLSBAD, CA 92008-2602 CURRENT RESIDENT 3962 JAMES DR CARLSBAD, CA 92008-2602 CURRENT RESIDENT 4015 JAMES DR CARLSBAD, CA 92008-2648 CURRENT RESIDENT 3993 HIGHLAND DR CARLSBAD, CA 92008-3512 CURRENT RESIDENT 3985 HIGHLAND DR CARLSBAD, CA 92008-3512 CURRENT RESIDENT 3975 HIGHLAND DR CARLSBAD, CA 92008-3512 CURRENT RESIDENT 3965 HIGHLAND DR CARLSBAD, CA 92008-3512 CURRENT RESIDENT 3955 HIGHLAND DR CARLSBAD, CA 92008-3512 CURRENT RESIDENT 4000 HIGHLAND DR CARLSBAD, CA 92008-3513 CURRENT RESIDENT 3950 HIGHLAND DR CARLSBAD, CA 92008-3511 CURRENT RESIDENT 3960 HIGHLAND DR CARLSBAD, CA 92008-3511 *** 18 Printed *** ALI3AV asodxa pueg jaded PasJ ,3)0915 AH3AV-OD-008-1 UJ CO'AjaAe WVMM pjoqaj 3| J3|3A3j | ap inje aunipeq e|ap sues @09LS ©AM3AV e CURRENT RESIDENT 3980 HIGHLAND DR. CARLSBAD, CA 92008-3512 CURRENT RESIDENT 3990 HIGHLAND DR. CARLSBAD, CA. 92008-3512 W1a6p3 dp-doj asodxa <n aun 6uoie puag jaded paaj AH3AV-O9-008-L pjoqa. a| a^Aa, j ap UIJB ajnqaeq B| e Z3i|dau fcQfjc? ^3S MATTHEW R & LESLIE SMITH AURORA LN SVCS LLC STUPPY 225 RELAIS TRCE ALPHARETTA, GA 30004-4223 601 5TH AVE SCOTTSBLUFF, NE 69361 PO BOX 949 BELEN, NM 87002-0949 BRUNO FORNERON LAVONNE M WOOD SWANSON A & LAVON RITTER 4016 ANTHONY JAMES CT RENO, NV 89503-1025 5956 ENCINITA AVE TEMPLE CITY, CA 91780-1931 3060 SYME DR CARLSBAD, CA 92008 MARK K YAMANAKA JAEMIN & SAMANTHA RAGSDALE MCFADDEN 411 PARKSIDE PL CARLSBAD, CA 92008 1313 CHINQUAPIN AVE CARLSBAD, CA 92008-3547 1331 CHINQUAPIN AVE CARLSBAD, CA 92008-3547 JOHN H HOVIS NICHOLAS & HEATHER NEWMAN STEVE G DODDS 1301 CHINQUAPIN AVE CARLSBAD, CA 92008-3547 4030 ROYAL DR CARLSBAD, CA 92008-3559 4020 ROYAL DR CARLSBAD, CA 92008-3559 MARQUAND CHARLES A WATRY MIKEL & DEBORAH WALTON 4010 ROYAL DR CARLSBAD, CA 92008-3559 4025 ROYAL DR CARLSBAD, CA 92008-3559 4035 ROYAL DR CARLSBAD, CA 92008-3559 GERARD F BRUNACHE CHARLES R & CONSTANCE JONES GLEN B RHODES 1150 CHINQUAPIN AVE CARLSBAD, CA 92008-3543 1170 CHINQUAPIN AVE CARLSBAD, CA 92008-3543 1165 CHINQUAPIN AVE CARLSBAD, CA 92008-3544 MILLER JANIS G HOEY RICK & JAN BIRRENKOTT 3975 SYME DR CARLSBAD, CA 92008-3569 3969 SYME DR CARLSBAD, CA 92008-3569 3965 SYME DR CARLSBAD, CA 92008-3569 JAMES T Sc VESTA STEPHENS WINEGARDEN JAMES P MOYER 3959 SYME DR CARLSBAD, CA 92008-3569 3945 SYME DR CARLSBAD, CA 92008-3569 3944 SYME DR CARLSBAD, CA 92008-3569 VALERIE C GILBERT SANDRA CHANIS CHRISTOPHER B & HEATHER HETR: 3948 SYME DR CARLSBAD, CA 92008-3569 3970 SYME DR CARLSBAD, CA 92008-3569 3978 SYME DR CARLSBAD, CA 92008-3569 SUAREZ PUTNAM MCCORMICK & DIDIO-MCCORMICK I 3984 SYME DR CARLSBAD, CA 92008-3569 3988 SYME DR CARLSBAD, CA 92008-3569 3994 SYME DR CARLSBAD, CA 92008-3569 AtlBAV j W1s6p3 dn-dod ssodxa i 01 eun BUOIB Duan jsdej paaj AH3AV-O9-008-1 I ap UJJB ainipei) e|ap sues T iueqe6 J3|ad e saj JOHN F & JOHNENE BOWMAN 3995 STELLA MARIS LN CARLSBAD, CA 92008-3560 BRYAN R & DEBORAH FORWARD 3985 STELLA MARIS LN CARLSBAD, CA 92008-3560 WILLIAM T & CHERIE HOLLY 3975 STELLA MARIS LN CARLSBAD, CA 92008-3560 KAYE OLIVEIRA 3965 STELLA MARIS LN CARLSBAD, CA 92008-3560 ALON & SARAH MASH 3950 STELLA MARIS LN CARLSBAD, CA 92008-3560 RICHARD TANAEL 3960 STELLA MARIS LN CARLSBAD, CA 92008-3560 MANGOLD SHESTER 2001 GWYNETH C KENAT 3970 STELLA MARIS LN CARLSBAD, CA 92008-3560 3980 STELLA MARIS LN CARLSBAD, CA 92008-3560 3990 STELLA MARIS LN CARLSBAD, CA 92008-3560 DAVID E & LINDA ERICKSON CHARLES T GLYNN LORA RICE 1320 CHINQUAPIN AVE CARLSBAD, CA 92008-3546 3934 SYME DR CARLSBAD, CA 92008-3569 4783 ENDEAVOR LN CARLSBAD, CA 92008-3784 MARCO & KRISTA MORENO RICHARD J & JOAN RARIDAN ELIZABETH FRITTS 4110 PARK DR CARLSBAD, CA 92008-3635 4160 PARK DR CARLSBAD, CA 92008-3637 4102 PARK DR CARLSBAD, CA 92008-3635 DAVID R SAUER HUBERT INGOLD BRODY 4108 PARK DR CARLSBAD, CA 92008-3635 4135 PARK DR CARLSBAD, CA 92008-3636 4117 PARK DR CARLSBAD, CA 92008-3636 TODD C & JANE PALMER EVERETT R SWEETLAND KENNETH D & PATRICIA PFEFFER 4109 PARK DR CARLSBAD, CA 92008-3636 4107 PARK DR CARLSBAD, CA 92008-3636 4105 PARK DR CARLSBAD, CA 92008-3636 THOMAS G & COLEEN CLEMENTI 4101 PARKSIDE PL CARLSBAD, CA 92008-3672 KATHRYN S KINLEY 4105 PARKSIDE PL CARLSBAD, CA 92008-3672 BERNARD RAFACZ 4100 PARKSIDE PL CARLSBAD, CA 92008-3672 RICHARD & SHARON WHITE CAESAR WRIGHT BETTY MAGGIO 4157 PARK DR CARLSBAD, CA 92008-3636 4165 PARK DR CARLSBAD, CA 92008-3636 4161 PARK DR CARLSBAD, CA 92008-3636 EDWARD D & ROSANNE MARTINET EDWARD D MARTINET GORDON W & CAROLYN HOARD 4111 PARK DR CARLSBAD, CA 92008-3636 AU3AV 4111 PARK DR CARLSBAD, CA 92008-3636 * W1e6p3 dn-doj asodxa i 01 aut\ Buoje puag jadej PSSJ T 4065 PARK DR CARLSBAD, CA 92008-2635 ©091.S AM3AV-OD-008-L { ap uj p-ioqsj a\ Je|3A3j e\ e Z3i|day ap sues T ©AHBAV iueqe6 a| B 2231 LA MIRADA L L C MORRISON GARY K & DAWN TEAM 2950 OCEAN ST CARLSBAD, CA 92008-2952 3891 HIGHLAND DR CARLSBAD, CA 92008-2536 3890 HIGHLAND DR CARLSBAD, CA 92008-2535 WILLIAM T & ANNE BARKER BURGESS MICHAEL A & ORALIA ANDERSON 3308 JAMES DR CARLSBAD, CA 92008-1959 3615 HIGHLAND DR CARLSBAD, CA 92008-2529 1060 MAGNOLIA AVE CARLSBAD, CA 92008-2538 JOHN J & KELLY MCLAUGHLIN TERRY K & SHARON DONATH JOHN CRILLY 3236 HIGHLAND DR CARLSBAD, CA 92008-1918 3890 POLLY LN CARLSBAD, CA 92008-3410 1365 TAMARACK AVE CARLSBAD, CA 92008-3422 SURVIVORS WAGNER DENNIS M & JEANNE MEEHAN MICHAEL DASILVA 3990 GLORIA LN CARLSBAD, CA 92008-2601 3981 GLORIA LN CARLSBAD, CA 92008-2601 4000 JAMES DR CARLSBAD, CA 92008-2645 BRADLY J & JODI JOHNSON RICHARD A & STAGEY JARAM *M*MARGARITO BETANCOURT 3975 GLORIA LN CARLSBAD, CA 92008-2601 1599 JEANNE PL CARLSBAD, CA 92008-2605 3903 JAMES DR CARLSBAD, CA 92008-2603 HADDER GIORGIO TEGAMI JOSE & MELISSA NUNEZ 3923 JAMES DR CARLSBAD, CA 92008-2603 3943 JAMES DR CARLSBAD, CA 92008-2603 3953 JAMES DR CARLSBAD, CA 92008-2603 TODD S DRAKE LESTER R & MAY TILLIE BENNETT 3963 JAMES DR CARLSBAD, CA 92008-2603 3971 JAMES DR CARLSBAD, CA 92008-2603 3952 JAMES DR CARLSBAD, CA 92008-2602 STEWART D COTTIS LLOYD W & KATHLEEN CHETLEY WILFRED T & LUCILLE SATO 3942 JAMES DR CARLSBAD, CA 92008-2602 3941 GLORIA LN CARLSBAD, CA 92008-2601 3951 GLORIA LN CARLSBAD, CA 92008-2601 SVERRE A STROM CIPRIANO HOLLAND '& BERTHA MISSMAN 3971 GLORIA LN CARLSBAD, CA 92008-2601 1550 JEANNE PL CARLSBAD, CA 92008-2604 1540 JEANNE PL CARLSBAD, CA 92008-2604 JULIO T VIGIL *M*WILLIAM R BEGHTOL RUBEN & ANTONIA TORRES 1530 JEANNE PL CARLSBAD, CA 92008-2604 1520 JEANNE PL CARLSBAD, CA 92008-2604 | wL«6p3 dn-doj asodxa i 01 aui| 6uo)B puag jodej pssj <c 1519 TAMARACK AVE CARLSBAD, CA 92008-2607 f ^09LS aie|duiai @Aj3AV asn ! siaaei «%iaed Aseg AM3AV-O9-008-1 I pioqaJ a| Ja|3Aaj luauiao^H ! ap mje ajnipeq e| P «»Haxi 3PSU s 09I.S ®AH3AV *ueqe6 3| J3|3d e S3|j JEAN-MARC & STACYE DUMOUCHEL MICHIYO VANNESTE RICE 1529 TAMARACK AVE CARLSBAD, CA 92008-2607 1539 TAMARACK AVE CARLSBAD, CA 92008-2607 1549 TAMARACK AVE CARLSBAD, CA 92008-2607 KOPCSO WET Z EL MADISON C & CATHERINE SCHEPPJ 3970 GLORIA LN CARLSBAD, CA 92008-2601 1561 JEANNE PL CARLSBAD, CA 92008-2605 1571 JEANNE PL CARLSBAD, CA 92008-2605 OKEEFE DAVID P & JOANNA PHILLIPS LYLE & NICKY STONE 1581 JEANTME PL CARLSBAD, CA 92008-2605 1590 JEANNE PL CARLSBAD, CA 92008-2604 1580 JEANNE PL CARLSBAD, CA 92008-2604 ALBERTO S & KIM TRUJILLO CHRISTY COOBATIS CYNTHIA L DUPLANTE 1751 ANDREA AVE CARLSBAD, CA 92008-2623 1569 TAMARACK AVE CARLSBAD, CA 92008-2607 3990 JAMES DR CARLSBAD, CA 92008-2602 MATTHEW M & LISA GERIAK VINH P & BAO-CHI TRAN DALE D & CAROL PETTIT 4015 JAMES DR CARLSBAD, CA 92008-2648 1490 TARA CT CARLSBAD, CA 92008-2647 1480 TARA CT CARLSBAD, CA 92008-2647 LOWELL A HENDERSON HIROTSUGU & MARIA IKEDO MARGARET K LARA 1470 TARA CT CARLSBAD, CA 92008-2647 1475 TARA CT CARLSBAD, CA 92008-2647 1485 TARA CT CARLSBAD, CA 92008-2647 JAMES L & LISA PINKERTON MIKE C PETERSEN STEVEN G BRADLEY 4025 JAMES DR CARLSBAD, CA 92008-2648 4035 JAMES DR CARLSBAD, CA 92008-2648 4045 JAMES DR CARLSBAD, CA 92008-2648 JAMES & JILL ARMSTRONG TETSUO T SUZUKI NEUMEYER 2005 4055 JAMES DR CARLSBAD, CA 92008-2648 4065 JAMES DR CARLSBAD, CA 92008-2648 4075 JAMES DR CARLSBAD, CA 92008-2648 FRANCISCO & JOVITA VALDIVIA FRANK A MINICILLI HOWARD L & ELIZABETH LECLAIR 3901 LINMAR LN CARLSBAD, CA 92008-4125 354 DATE AVE CARLSBAD, CA 92008-7431 300 CARLSBAD VILLAGE DR 108A CARLSBAD, CA 92008-2990 DENNIS & MARIA ORDAS THEODORE A & KRISTIN REES TODD M & PATRICIA CHANEY 4005 HIGHLAND DR CARLSBAD, CA 92008-3514 T j .uLfrZ9 ©AU3AV 4021 HIGHLAND DR CARLSBAD, CA 92008-3514 f H1a6p3 dfi-dod asodxa i oj. auj| 6uo|e puaa paaj 4105 HIGHLAND DR CARLSBAD, CA 92008-4222 Asea f . AH3AV-09-008-1 | ep wje ajnipeq e| e zei ap suas e saipej. VIVIENNE BROOKS SALLY H KATICH KING 4115 HIGHLAND DR CARLSBAD, CA 92008-4222 4179 HIGHLAND DR CARLSBAD, CA 92008-4222 4156 HIGHLAND DR CARLSBAD, CA 92008-4221 RONALD C HEIDEN *M*WILLIAM S & YVONNE JUBB THOMPSON 4158 HIGHLAND DR CARLSBAD, CA 92008-4221 3993 HIGHLAND DR CARLSBAD, CA 92008-3512 3985 HIGHLAND DR CARLSBAD, CA 92008-3512 GLEN T MCCULLOCH TIMOTHY D & ANDREA FOREMAN RONALD W & JILL OAKLAND 3975 HIGHLAND DR CARLSBAD, CA 92008-3512 3965 HIGHLAND DR CARLSBAD, CA 92008-3512 3955 HIGHLAND DR CARLSBAD, CA 92008-3512 LUNDHAGEN JOHNSTON HIGHLAND 3911 HIGHLAND DR CARLSBAD, CA 92008-3512 3949 HIGHLAND DR CARLSBAD, CA 92008-3512 4000 HIGHLAND DR CARLSBAD, CA 92008-3513 JOHN H ONEILL JACOB S & KYNDRA LEACH EDWARD & GALINA PEASE 3920 HIGHLAND DR CARLSBAD, CA 92008-3511 3940 HIGHLAND DR CARLSBAD, CA 92008-3511 3960 HIGHLAND DR CARLSBAD, CA 92008-3511 PHYLLIS R CONLIFFE T SOUKATO S-KIDNEW PETE & LAVON RITTER 3037 RANCHO LA PRESA CARLSBAD, CA 92009-2222 3825 TRIESTE DR CARLSBAD, CA 92010-2846 PO BOX 326 CARLSBAD, CA 92018-0326 CHAUTAUQUA INVESTMENT SERVIC1 JANELL CANNON GLENN ZAJIC PO BOX 458 CARLSBAD, CA 92018-0458 PO BOX 1362 CARLSBAD, CA 92018-1362 1843 WILT RD FALLBROOK, CA 92028-9528 TAEKO M & EARNEST MATSUBARA JOHN F & JEAN KOPP LESAR *B* 3560 WINDSOR RD OCEANSIDE, CA 92056-4944 23 ORIOLE LN OCEANSIDE, CA 92057-6413 497 HONEYGLEN DR SAN MARCOS, CA 92078-1390 THOMAS B COSTELLO CHRISTY COOBATIS *M*SCOTT R & MARYLYNN YATES 1465 KINGSPORT WAY SAN MARCOS, CA 92078-1028 1666 ALTA VISTA DR VISTA, CA 92084-5710 2018 MIDDLE CREEK RD RIVERSIDE, CA 92506-5603 JACQUELINE OSTLING MICHAEL B & MARY MALONE JOHNSTON 399 RALCAM PL COSTA MESA, CA 92627-1909 7294 FORDHAM PL GOLETA, CA 93117-2916 | W1a6p3 dp-dod asodxe ««•••• i o; auj| 6uo|6 puag ^^^m jadKj paa-j 'f 3305 TWIN OAKS DR NAPA, CA 94558-5317 r ,,3)0915 siaqei 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, May 12, 2009, to consider approval of a Zone Change to rezone a portion of a 1.06 acre lot from R-l-10,000 to R-1-7,500, and allow for the demolition of an existing single-family residence and associated detached garage, and the subdivision of the lot into five single family residential lots on property generally located on the east side of Highland Drive, west of James Drive, and south of Tamarack Avenue in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 1. and more particularly described as: All That Portion of the Northwesterly 256.7 Feet of That Portion of Tract Two Hundred Forty-Seven (247) of Thum Lands, in the County of San Diego, State of California, According to Map Thereof No. 1681, Filed in the Office of the County Recorder of San Diego County, December 9,1915 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be avail- able on and after May 1, 2009. If you have any questions, please call Dan Halverson in the Planning Department at (760) 602-4631. If you challenge the Zone Change in court, you may be limited to raising only those issues you or someone else raised at the public hear- ing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Vil- lage Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CASE NAME: PUBLISH: CITY OF CARLSBAD CITY COUNCIL ZC 08-01 HIGHLAND JAMES SUBDIVISION May 2, 2009 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, May 12, 2009, to consider approval of a Zone Change to rezone a portion of a 1.06 acre lot from R-l-10,000 to R-l-7,500, and allow for the demolition of an existing single-family residence and associated detached garage, and the subdivision of the lot into five single family residential lots on property generally located on the east side of Highland Drive, west of James Drive, and south of Tamarack Avenue in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 1. and more particularly described as: All That Portion of the Northwesterly 256.7 Feet of That Portion of Tract Two Hundred Forty-Seven (247) of Thum Lands, in the County of San Diego, State of California, According to Map Thereof No. 1681, Filed in the Office of the County Recorder of San Diego County, December 9,1915 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be avail- able on and after May 1, 2009. If you have any questions, please call Dan Halverson in the Planning Department at (760) 602-4631. If you challenge the Zone Change in court, you may be limited to raising only those issues you or someone else raised at the public hear- ing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Vil- lage Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CASE NAME: PUBLISH: CITY OF CARLSBAD CITY COUNCIL ZC 08-01 HIGHLAND JAMES SUBDIVISION May 2, 2009 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, May 12, 2009, to consider approval of a Zone Change to rezone a portion of a 1.06 acre lot from R-l-10,000 to R-l-7,500, and allow for the demolition of an existing single-family residence and associated detached garage, and the subdivision of the lot into five single family residential lots on property generally located on the east side of Highland Drive, west of James Drive, and south of Tamarack Avenue in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 1. and more particularly described as: All That Portion of the Northwesterly 256.7 Feet of That Portion of Tract Two Hundred Forty-Seven (247) of Thum Lands, in the County of San Diego, State of California, According to Map Thereof No. 1681, Filed in the Office of the County Recorder of San Diego County, December 9,1915 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 May 1, 2009. If you have any questions, please call Dan Halverson in the Planning Department at (760) 602-4631. If you challenge the Zone Change in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: ZC 08-01 CASE NAME: HIGHLAND JAMES SUBDIVISION PUBLISH: May 2, 2009 CITY OF CARLSBAD CITY COUNCIL SITEMAP NOT TO SCALE Highland-James Subdivision ZC 08-01 Easy Pe«l® Labels | A •• Bend along line to • V^\ AVERY® 6241™Use Avery® Template 5160® j Feed Paper expose Pop-Up Edge™ j \§2l »*wi=«*» «"*« ALAMEDA FAMILY TRUST ALAMEDA FAMILY TRUST HARRY VOWWMERE 3980 HIGHLAND DR. 3980 HIGHLAND DR. 3990 HIGHLAND DR. CARLSBAD, CA 92008-2535 CARLSBAD, CA. 92008-2535 CARLSBAD, CA. 92008-2535 HARRY VOWWMERE 3990 HIGHLAND DR. CARLSBAD, CA. 92008-2535 Etiquettes faciles a peler j A Repliez a la hachure afin de j www.avery.corr i i4.:i:,«-!„ «^u-„:» A\/cr>v<® cicn® i ^ bens de »A,,AI»» la mhnrrl Dnr>.iir>TM I i_onn_r:r»_AWCP *** isSTPrinted *** ](#> ZC 08-01 ƒOn March 18, 2009 the PlanOn March 18, 2009 the Planrecommended to the City Coua 7-0 vote;ƒPlanning Commission also a17 d HDP 080317, and HDP 08-03; ƒCity Council heard the ZoneCity Council heard the Zone12, 2009 and continued it to thsignage on site. ggnning Commissionnning Commission uncil approval of ZC 08-01 by approved CT 08-06, CDP 08-e Change (ZC 08-01) on Maye Change (ZC 0801) on May he May 19, 2009 due to R-1-10,000R-1-7 500R17,500 R-1-10,000R-1-7 500R17,500 122 „General Plan –(RLM)()Land Use Designation„Zoning–(R-1-7,500/1Zoning (R17,500/1Residential;„Coastal Development„Coastal Development „Subdivision Ordinance„Hillside Development „Growth Management; „CEQA . Residential Low-Medium n;0,000) Single Family0,000) Single Family Permit Regulations;Permit Regulations;e (Title 20);Regulations;and, „That the City Council InNumber CS-030APPRONumber CS030 APPROon the findings and subjcontained therein.contained therein.ntroduceOrdinance OVINGZC 08-01 basedOVINGZC 0801, based ect to the conditions Highland Drive SignJames Drive Sign