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Home My WebLink About2009-10-06; City Council; 19985; Tabata Ranch7-7^I \5fl*\$li AB# MTG. DEPT. yj\ V 19 CITY OF CARLSBAD - AGENDA BILL ' r\ . 985 10/06/09 PLN TABATA RANCH GPA 07-05/ZC 06-04 SP 203(C)/LCPA 06-03 DEPT. HEAD M% CITY ATTY. (^ CITY MGR. U^ RECOMMENDED ACTION: That the City Council ADOPT Resolution No2009-243 ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and APPROVING General Plan Amendment (GPA 07-05), and Local Coastal Program Amendment (LCPA 06-03), and INTRODUCE Ordinances No. rs-mu and CS-065 APPROVING a Zone Change (ZC 06-04) and a Specific Plan Amendment (SP 203(C)), based upon the findings and subject to the conditions contained therein. ITEM EXPLANATION: Project Application(s) Environmental Review (MND) GPA 07-05 ZC 06-04 SP 203(C) LCPA 06-03 CT06-15 CDP 06-22 HDP 06-05 Administrative Approvals Planning Commission RA RA RA RA RA X X X City Council X X X X s RA = Recommended Approval * = Final City decision-making authority s = requires Coastal Commission approval On August 5, 2009, the Planning Commission conducted a public hearing and recommended to the City Council approval (6-0) of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, General Plan Amendment, Zone Change, Specific Plan Amendment, and Local Coastal Program Amendment associated with a proposed eight lot subdivision, consisting of five residential lots and three open space lots, on a 2.9 acre property generally located on the north side of Poinsettia Lane at the westernmost terminus of Lemon Leaf Drive within the Mello II Segment of the Local Coastal Program, Zone 20 Specific Plan (SP 203), and Local Facilities Management Zone 20. The proposed General Plan Amendment, Zone Change and Local Coastal Program Amendment will change the General Plan and Local Coastal Program Land Use designations on the property from Residential Medium Density (RM, 4-8 du/ac) to Residential Low-Medium Density (RLM, 0-4 du/ac), and will change the City Zoning and Local Coastal Program Zoning designations on the property from Residential Density-Multiple with a Qualified Development Overlay (RD-M-Q) and Limited Control (L-C) to One-Family Residential (R-1). The proposed Specific Plan Amendment to the Zone 20 Specific Plan is necessary in order to reflect the proposed General Plan Land Use change. DEPARTMENT CONTACT: Jason Goff 760-602-4643 iason.goff@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED *D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 At the same hearing, the Planning Commission also approved (6-0) a Tentative Tract Map (CT 06-15), Coastal Development Permit (CDP 06-22), and a Hillside Development Permit (HDP 06-05). No public comments were received during the Planning Commission hearing. A full disclosure of the Planning Commission's actions and a complete description and staff analysis of the proposed project is included in the attached minutes and Planning Commission staff report. The Planning Commission and staff are recommending approval of the proposed discretionary actions. FISCAL IMPACT: All public infrastructure required to complete this project will be funded and/or constructed by the developer. ENVIRONMENTAL IMPACT: The project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The environmental impact assessment prepared in conjunction with the project identified potentially significant impacts to cultural resources and exposure of people to noise. Mitigation measures have been included as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published by the Planning Director on April 11, 2009. No comments were received. However, subsequent to the circulation of the MND and MMRP, a Specific Plan Amendment (SP 203(C)) was added as part of the project on June 9, 2009 in order to bring the Zone 20 Specific Plan into compliance with the proposed land use change. An addendum therefore has been prepared in accordance with Section 15164 of CEQA to include the addition of SP 203(C) as a part of the project description. This addition has no new significant environmental effects not analyzed in the previously circulated MND, and none of the circumstances requiring recirculation or a subsequent Mitigated Negative Declaration under CEQA Guidelines Section 15162 exist. EXHIBITS: 1. City Council Resolution No. 2009-243 2. City Council Ordinance No. C8-064 3. City Council Ordinance No. CS-O65 4. Location Map 5. Planning Commission Resolutions No. 6614, 6615, 6616, 6617, 6618, 6619, 6620, and 6621 6. Planning Commission Staff Report dated August 5, 2009 7. Planning Commission Minutes, dated August 5, 2009. EXHIBIT 1 1 RESOLUTION NO. 2009-243 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED 3 NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND ADDENDUM, AND 4 APPROVING A GENERAL PLAN AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO CHANGE THE 5 GENERAL PLAN AND LOCAL COASTAL PROGRAM LAND USE DESIGNATIONS FROM RESIDENTIAL MEDIUM DENSITY (RM, 6 4-8 DU/AC) TO RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0- 4 DU/AC), AND THE LOCAL COASTAL PROGRAM ZONING 7 DESIGNATIONS FROM RESIDENTIAL DENSITY-MULTIPLE WITH A QUALIFIED DEVELOPMENT OVERLAY (RD-M-Q) AND 8 LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-1) ON A 2.9 ACRE SITE GENERALLY LOCATED ON THE NORTH 9 SIDE OF POINSETTIA LANE AT THE WESTERNMOST TERMINUS OF LEMON LEAF DRIVE WITHIN THE MELLO 10 SEGMENT OF THE LOCAL COASTAL PROGRAM, ZONE 20 SPECIFIC PLAN (SP 203), AND LOCAL FACILITIES 11 MANAGEMENT ZONE 20 CASE NAME: TABATA RANCH 12 CASE NO.: GPA 07-05/LCPA 06-03 The City Council of the City of Carlsbad, California, does hereby resolve as follows:14 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on August 5, 2009, hold a duly noticed public hearing as prescribed by law to16 consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, as referenced in Planning Commission Resolution No. 6614, General Plan Amendment GPA 07-05, according to Exhibit "GPA 07-05" attached to Planning Commission Resolution No. 6615 and incorporated herein by reference, and Local Coastal Program Amendment LCPA 06-03, according to Exhibit "LCPA 06-03" attached to Planning Commission 22 Resolution No. 6618 and incorporated herein by reference to change the General Plan and 23 Local Coastal Program Land Use designations from Residential Medium Density (RM, 4-8 24 du/ac) to Residential Low-Medium Density (RLM, 0-4 du/ac), and the Local Coastal Program Zoning designation from Residential Density-Multiple with a Qualified Development Overlay 26 (RD-M-Q) and Limited Control (L-C) to One-Family Residential (R-1), and the Planning 27 Commission adopted Planning Commission Resolutions No. 6614, 6615, and 6618 28 recommending to the City Council that they be approved; and 1 WHEREAS, the City Council of the Cifotgf Carlsbad, on the firv, day of 2 October 2009, held a duly noticed public hearing to consider said Mitigated 3 Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, 4 General Plan Amendment, and Local Coastal Program Amendment; and 5 WHEREAS, at said public hearing, upon hearing and considering all testimony 6 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 7 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 8 and Addendum, General Plan Amendment, and Local Coastal Program Amendment. 9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 10 of Carlsbad as follows: 1 . That the above recitations are true and correct. 12 2. That the recommendation of the Planning Commission for the adoption of 13 a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and approval of a General Plan Amendment and Local Coastal Program 14 Amendment are adopted and approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 6614, 6615, and 6618 on file 15 with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 16 3. That the application for a General Plan Amendment to change the Land 17 Use designation from Residential Medium Density (RM, 4-8 du/ac) to Residential Low-Medium Density (RLM, 0-4 du/ac) on a 2.9 acre site generally located on the north side of Poinsettia 18 Lane at the westernmost terminus of Lemon Leaf Drive, as shown in Planning Commission Resolution No. 6615, is hereby accepted and approved, and shall be effective no sooner than 19 thirty days after its adoption, but not until LCPA 06-03 is approved by the California Coastal Commission. 20 4. That the approval of LCPA 06-03 shall not become effective until it is 21 approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 22 5. This action is final the date this resolution is adopted by the City Council 23 and is subject to the approval of the LCPA 06-03 by the California Coastal Commission. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" 24 shall apply: 25 /// 26 /// 27 /// 28 -2- 1 2 3 4 5 6 7 8 10 11 None. 12" "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the ^thdav of October 2009, by the following vote, to wit: AYES: Council Members Kulchin, Hall,Packard, and Blackburn NOES: ' M. WOOD, CityClerk ' Council Member Lewis. 13 " 14 15 CCAUDE A. LEWIS, Mayor16 17 18 20 21 22 23 25 26 27 28 (SEAL) .,„...,„. *' -3- EXHIBIT 2 1 ORDINANCE NO. CS-064 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF 3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE FROM 4 RESIDENTIAL DENSITY-MULTIPLE WITH A QUALIFIED DEVELOPMENT OVERLAY (RD-M-Q) AND LIMITED CONTROL 5 (L-C) TO ONE-FAMILY RESIDENTIAL (R-1) ON A 2.9 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE OF 6 POINSETTIA LANE AT THE WESTERNMOST TERMINUS OF LEMON LEAF DRIVE WITHIN THE MELLO II SEGMENT OF THE 7 LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 8 CASE NAME: TABATA RANCH CASE NO.: ZC 06-04 9 : The City Council of the City of Carlsbad, California, does hereby resolve as 10 follows: 11 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the 12 City's zoning map, is amended as shown on the map marked Exhibit "ZC 06-04," dated August 1 3 5, 2009 attached hereto and made a part hereof. 14 SECTION II: That the findings and conditions of the Planning Commission as set 15 forth in Planning Commission Resolution No. 6616 constitute the findings and conditions of the 16 City Council. EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days 1 8 after its adoption but not until Local Coastal Program Amendment LCPA 06-03 is approved by 19 the California Coastal Commission, and the City Clerk shall certify to the adoption of this 20 ordinance and cause it to be published at least once in a publication of general circulation in the 21 City of Carlsbad within fifteen days after its adoption.22 /// 23 /// 24 /// 25 /// 26 /// 27 ,// 28 .1. 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on 2 the 6th day of October. 2009, and thereafter. 3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 4 City of Carlsbad on the day of , 2009, by the following vote to wit: 5 6 AYES: 7 NOES: 8 ABSENT: 9 ABSTAIN: 10 11 APPROVED AS TO FORM AND LEGALITY 12 13 RONALD R. BALL, City Attorney 15 16 CLAUDE A LEWIS, Mayor 17 18 ATTEST: 19 20 LORRAINE M. WOOD, City Clerk 21 (SEAL) 22 23 24 25 26 27 28 Exhibit "ZC 06-04" August 5, 2009 ZC 06-04 Tabata Ranch ROM unur -RD-iyi-Q ~~1 , L r»-L» ; EXISTING PROPOSED Related Case File No(s): GPA 07-05 / SP 203(C) / LCPA 06-03 / CT 06-15 / CDP 06-22 / HDP 06-05 Zoning Designation Changes Property A. B. C. 214-630-20 214-631-20 214-631-21 From: RD-M-Q L-C L-C To: R-1 R-1 R-1 EXHIBITS 1 ORDINANCE NO. CS-065 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO 3 THE ZONE 20 SPECIFIC PLAN (SP 203(C)) TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM 4 RESIDENTIAL MEDIUM DENSITY (RM) TO RESIDENTIAL LOW- MEDIUM DENSITY (RLM) ON A 2.9 ACRE SITE WITHIN 5 PLANNING AREA "D" OF THE ZONE 20 SPECIFIC PLAN AND GENERALLY LOCATED ON THE NORTH SIDE OF POINSETTIA 6 LANE AT THE WESTERNMOST TERMINUS OF LEMON LEAF DRIVE WITHIN THE MELLO II SEGMENT OF THE LOCAL 7 COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 8 CASE NAME: TABATA RANCH CASE NO.: SP 203(C) 9 The City Council of the City of Carlsbad, California, does ordain as follows: 10 WHEREAS, the Zone 20 Specific Plan was originally adopted by City Council Ordinance No. NS-257 on December 14, 1993 and has since been amended (SP 203(A)) and contains the uses, development standards and design guidelines for the development of the subject property; and14 WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Specific Plan Amendment (SP 203(C)) for the Zone 20 Specific Plan; and16 WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said Specific Plan Amendment (SPlo 203(C)) be approved. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as -. follows: 22 SECTION 1: That Specific Plan (SP 203(C)), on file in the Planning Department, 23 and incorporated herein by reference, is adopted. The Zone 20 Specific Plan (SP 203(C)) shall 24 constitute the development plan for the property and all development within the plan area shall 25 conform to the plan. 25 SECTION 2: That the Zone 20 Specific Plan (SP 203), as amended to date, and 27 further amended by Specific Plan Amendment 203(C), dated August 5, 2009, is approved. 28 /// 1 SECTION 3: That Specific Plan Amendment (SP 203(C)) replaces Exhibit 3 - 2 General Plan on Pg. 7 and text on Pg. 115 in the Zone 20 Specific Plan, as shown on Exhibits 3 "SP 203(C)" attached. 4 SECTION 4: That the findings and conditions of the Planning Commission in 5 Planning Commission Resolution No. 6617 shall constitute the findings and conditions of the 6 City Council. 7 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, but not until Local Coastal Program Amendment LCPA 06-03 is approved by the California Coastal Commission, and the City Clerk shall certify to the adoption of this ordinance 10 and cause it to be published at least once in a publication of general circulation in the City of 1 1 Carlsbad within fifteen days after its adoption. 12 /// 13 /// 14 /// 15 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23' 24 /// 25 /// 26 /// 27 /// 28 -2- 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on 2 the 6th day of October. 2009, and thereafter. 3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 4 City of Carlsbad on the day of , 2009, by the following vote to wit: 5 6 AYES: 7 NOES: 8 ABSENT: 9 ABSTAIN: 10 11 APPROVED AS TO FORM AND LEGALITY 12 13 RONALD R. BALL, City Attorney 15 16 CLAUDE A LEWIS, Mayor 17 18 ATTEST: 19 20 LORRAINE M. WOOD, City Clerk 21 (SEAL) 22" 23 24 25 26 27 28 Exhibit "SP 203(C)" August 5, 2009 Legend RLM RM Resdsnliaf Low Density (0-i.5<ijyac> Residential Low-M«dium D«nsrty [0-4 du/ac) Residential Medium Density (4-idute) Open Space Proposed School Planned Industrial 1995 Noise Contours Note: Souroi: (No*»» Contour) FAB Pan 150 H«p«n Pr«p«r«l lot: s«n Dlvgo County y: KPMG, P*W U*rw>ck (M«y, 19BD) bi'1 __ * Exhibit C :| GENERAL PLAI ^•B^ ^^J^r I B Exhibit "SP 203(C)" August 5, 2009 intersection. Although below the City's intersection spacing standards, this location is fixed by the existing intersection of Poinsettia Lane and Snapdragon Drive. This is "T" intersection providing access only to the properties to the south of Poinsettia. Properties on the north side of Poinsettia will be accessed through street connections off of the extension of Camino de las Ondas. This arrangement will eliminate major grading and slope construction for property which can logically be served by alternate routes. Planning Area D is surrounded on two sides by existing residential development. There are attached multi-family developments to the west and detached single family dwellings to the south. Future development within Planning Area D should be planned to be compatible with these surrounding land uses. Planning Area D is composed of the following eleven parcels: Owner Engler Engler Mendivil Tabata Tabata Tabata Thompson Thompson Weidner Planning Area D Ownership APN 214-170-58 214-170-59 214-170-73 214-170-72 214-170-74 214-170-54 214-140-75 214-170-47 214-170-46 Acreage 2.16 1.65 7.13 1.10 21.22 1.30 7.50 5.00 5.40 Current Land Use Vacant Vacant Vacant Vacant Agric. SFR Vacant Greenhouse SFR General Plan Designation RM RM RM RM RLM RLM RM/RLM RM/RLM RM/RLM 2. Land Use Designations a. General Plan Planning Area D is composed of two General Plan Land Use Designations: RLM (Residential Low-Medium Density, 0-4 du/acre) on the east side of the Planning Area and RM (Residential Medium Density, 4-8 du/acre) on the west side. The ridge Iine4 which generally follows property linesj serves as the dividing line for land use designations with the exception of a 2.9 acre area generally located north of Poinsettia Lane and west of the ridge, which shall have a General Plan Land Use designation of RLM where topographic constraints justify development at a lower density (see Exhibit 3 - General Plan, Page 7). May 1993 115 Zone 20 Specific Plan EXHIBIT 4 NOT TO SCALE SITEMAP Tabata Ranch GPA 07-05 / ZC 06-04 / SP 203(C) / LCPA 06-03 .4 EXHIBIT 5 1 PLANNING COMMISSION RESOLUTION NO. 6614 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 AND MITIGATION MONITORING AND REPORTING PROGRAM AND ADDENDUM TO ALLOW FOR THE DEMOLITION OF AN EXISTING SINGLE-FAMILY HOME, 6 AND FOR THE SUBDIVISION AND GRADING OF A 2.9-ACRE SITE INTO EIGHT LOTS (5 RESIDENTIAL AND 3 7 OPEN SPACE LOTS) ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF POINSETTIA LANE AT 8 THE WESTERNMOST TERMINUS OF LEMON LEAF DRIVE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES 1 0 MANAGEMENT ZONE 20. CASE NAME: GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06- 1 1 03/CT 06- 1 5/CDP 06-22/HDP 06-05 CASE NO.: _ TABATA RANCH 1 3 WHEREAS, Noboru & Evelyn Tabata, "Developer/Owner," has filed a verified 14 application with the City of Carlsbad regarding property described as: 15 Parcel 1 A: That portion of the east 264.14 feet of the west Yi of the 17 northeast % of the northeast % of Section 28, Township 12 south, Range 4 west, San Bernardino Base and Meridian, in IS the County of San Diego, State of California, according to official plat thereof, lying northerly of the north line of the south 15 acres of said west 20 Excepting from the above east 264.14 feet of said land, the 2 1 south 1 84.47 feet thereof; 22 Also excepting the east 28.00 feet and the north 30.00 feet thereof; 24 Parcel IB: 25 The northerly 30.00 feet of the easterly 264.14 feet of the west Vi of the northeast % of the northeast % of Section 28, Township 12 south, Range 4 west, San Bernardino Base and 27 Meridian, in the County of San Diego, State of California, according to United States Government Survey, together with 28 that portion of the easterly 28.00 feet of said west 1A lying northerly of the northerly line of the southerly 15.00 acres of said west %; 1 Excepting from said easterly 28.00 feet, the northerly 30.00 feet 2 and southerly 184.47 feet thereof; 3 Parcel 2: 4 The southerly 184.47 feet of that portion of the easterly 264.14 c feet of the westerly 1A of the northeast % of the northeast % of the Section 28, Township 12 south, Range 4 west, San 6 Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof, lying 7 northerly of the northerly line of the southerly 15 acres of said west V Excepting therefrom: 10 That portion of Section 28, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, California, described as follows: 12 Commencing at the northeast corner of said section; thence 13 south 00° 34' 18" west 111.22 feet along the east line of said section, thence south 72° 47' 00" west 389.27 feet to the 14 beginning of a tangent curve concave southeasterly, having a radius of 1651.00 feet; thence southwesterly along said curve 15 339.30 feet through a central angle of 11° 46' 30" to a point of ,, the easterly line of the land conveyed to Marvin and Margaret Penelope Porter by deed recorded September 3, 1986 as 17 Document No. 86-385614 of official records, being the south 184.47 feet of the east 264.14 feet of the north 5 acres of the 18 west Vi of the northeast % of the northeast % of said section, a radial line of said curve to said point bears north 28° 59' 30" west; said point also being the point of beginning of this 2Q description; thence continuing southwesterly along said curve 53.61 feet through central angle of 01° 51' 37" to a point on the 21 northerly line of the south 15.00 acres of the west '/* of said northeast % of the northeast %; thence south 89° 03' 23" east along said northerly line of 46.21 feet to said easterly line of the land herein described; thence north 00° 32' 47" east along said easterly line 27.50 feet to the point of beginning of this 24 description; 25 Parcel 3: 26 Lot 35, City of Carlsbad Tract No. CT 98-14-02, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14773, filed in the Office of the County 28 Recorder of San Diego County, April 29, 2004, and Certificate of Correction recorded September 14, 2006 as Instrument No. 2006-0655516 of official records PCRESONO. 6614 -2- 1 ("the Property"); and 2 WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and 3 Reporting Program and Addendum was prepared in conjunction with said project; and 4 WHEREAS, the Planning Commission did on August 5, 2009, hold a duly 5 noticed public hearing as prescribed by law to consider said request; and 7 WHEREAS, at said public hearing, upon hearing and considering all testimony ° and arguments, examining the initial study, analyzing the information submitted by staff, and 9 considering any written comments received, the Planning Commission considered all factors 10 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 11 Program and Addendum. 13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 14 Commission as follows: 15 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning 17 Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit 18 "MND," according to Exhibits "Notice of Intent (NOI)," and "Environmental Impact Assessment Form - Initial Study (EIA)," and Addendum, Exhibit '" "ADDM" attached hereto and made a part hereof, based on the following 2Q findings: 21 Findings: 22 i The Planning Commission of the City of Carlsbad does hereby find: 23 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and 24 Mitigation Monitoring and Reporting Program and Addendum for TABATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06- 25 15/CDP 06-22/HDP 06-05, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of 26 the project; and b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 28 Program and Addendum have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and PCRESONO. 6614 -3- 'n 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 2. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 5, 2009, by the following vote, to wit: AYES: Commissioners Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery NOES: ABSENT: Commissioner Baker ABSTAIN: MARTETX B. MONTJDMERY^ CARLSBAD PLANNING COI ATTEST: rson SION Planning Director PCRESONO. 6614 -4- c FILE copy City of Carlsbad" Planning Department NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: Tabata Ranch CASE NO: GPA 07-05/ZC 06-04/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 PROJECT LOCATION: North of Poinsettia Lane, south of Veronica Court, east of Lonicera Street, and west of Lemon Leaf Drive (APNs 214-630-20. 214-631-20. 214-631-21). PROJECT DESCRIPTION: Demolition of an existing two-story single family dwelling, and subdivision of a 2.9 acre site into 8 lots (5 residential and 3 open space lots) for future single-family homes. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Department within 20 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Jason Goff in the Planning Department at (760) 602-4643. PUBLIC REVIEW PERIOD PUBLISH DATE April 11. 2009-May 1.2009 April 11.2009 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 « FAX (760) 602-8559 « www.ci.carlsbad.ca.us \Q, MITIGATED NEGATIVE DECLARATION CASE NAME: Tabata Ranch CASE NO: GPA 07-05/ZC 06-04/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 PROJECT LOCATION: North of Poinsettia Lane, south of Veronica Court, east of Lonicera Street, and west of Lemon Leaf Drive (APNs 214-63 0-20. 214-631-20.214-631-21). PROJECT DESCRIPTION: Demolition of an existing two-story single family dwelling, and subdivision of a 2.9 acre site into 8 lots (5 residential and 3 open space lots) for future single-family homes. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (ELA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: E<3 Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. ["1 The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). [~1 Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (ELA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: [CLICK HERE datel , pursuant to [CLICK HERE Administrative Approval. PC/CC Resolution No., or CC Ordinance No.1 ATTEST: DON NEU Planning Director ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: GPA 07-05/ZC 06-04/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 DATE: March 30. 2009 BACKGROUND 1. CASE NAME: Tabata Ranch 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Jason Goff (760) 602-4643 4. PROJECT LOCATION: North of Poinsettia Lane, south of Veronica Court, east of Lonicera Street, and west of Lemon Leaf Drive 5. PROJECT SPONSOR'S NAME AND ADDRESS: Noburu and Evelyn Tabata. P.O. Box 943. Carlsbad. CA 92018-0943. 6. GENERAL PLAN DESIGNATION: RM (Residential Medium Density. 4-8 du/ac) 7. ZONING: L-C (Limited Control) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): None 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The project site is located on the north side of Poinsettia Lane at the western terminus of Lemon Leaf Drive and consists of three parcels totaling 2.9 acres in size. The site is presently developed with a two-story single-family home and is surrounded on three sides by large single-family homes, Poinsettia Lane to the south, and Lonicera Street to the west. The proposed project requires a General Plan Amendment (GPA 07-05), Zone Change (ZC 06-04), and Local Coastal Program Amendment (LCPA 06-03) to change the General Plan and Local Coastal Program Land Use designations on the property from Residential Medium Density (RM, 4-8 du/ac) to Residential Low-Medium Density (RLM, 0-4 du/ac), and to change the City Zoning and Local Coastal Program Zoning designations on the property from Residential Density - Multiple (RD- M) and Limited Control (L-C) to One-Family Residential (R-l). The project also requires a Tentative Subdivision Map (CT 06-15), Coastal Development Permit (CDP 06-22), and Hillside Development Permit (HDP 06-05) to demolish an existing home and allow for the subdivision of the 2.9-acre site into 8 lots (5 residential and 3 open space lots) for future single-family homes. Topographically, the site slopes from east to west with a change in elevation from a high of approximately 305 feet above mean sea level (AMSL) in the northeast corner nearest Lemon Leaf Drive to a low of approximately 250 ft. AMSL in the northwest corner nearest Lonicera Street. Two of the five proposed residential lots will be accessed by way of Lemon Leaf Drive, and the other three accessed by way of a new public street (Catalina Vista) connecting at Lonicera Drive. ^\ GPA 07-05/ZC 06-04/LCPA 06-03/C • 06-15/CDP 06-22/HDP 06-05 Tabata Ranch The 2.9-acre project site is considered developed and consists primarily of maintained landscapes, graded surfaces, and a single-family home. No native vegetation, natural drainage areas, or wetland habitats exist onsite. The project site is located in and is subject to the requirements of the Zone 20 Specific Plan approved by the City Council in 1994. A Program EIR (PEER.) (EIR 90-03) was certified for the Zone 20 Specific Plan. The Zone 20 PEIR analyzed and recommended mitigation measure to reduce impacts to insignificant levels. The Zone 20 PEER, analyzed potential impacts to agriculture, air quality, biology, circulation, land use, noise, pesticide residue, paleontology, public facilities financing, soils/geology, and visual aesthetics that could result from the development of the Specific Plan area. The PEIR is intended to be used in the review of subsequent projects within Zone 20. The project incorporates the required Zone 20 PEIR mitigation measures, and through the analysis of the required additional biological resources, cultural resources, paleontological resources, geotechnical, Baseline Environmental Site Assessment, hydrology, and storm water management plans, reports, and studies, a determination has been made that no additional significant impacts beyond those identified and mitigated by the PEIR will result from this project. The Zone 20 PEIR and additional technical studies are cited as source documents for this environmental evaluation. Rev. 01/02/07 n GPA 07-05/ZC 06-04/LCPA 06-03/c ,06-15/CDP 06-22/HDP 06-05 Tabata Ranch ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. Aesthetics I I Agricultural Resources Q Air Quality LJ Biological Resources Cultural Resources Geology/Soils |/\| Noise Hazards/Hazardous Materials CJ Population and Housing ij Hydrology/Water Quality Land Use and Planning Mineral Resources Public Services Recreation Transportation/Circulation /\ Mandatory Findings of Significance [_] Utilities & Service Systems Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/C. 06-15/CDP 06-22/HDP 06-05 Tabata Ranch DETERMINATION. (To be completed by the Lead Agency) I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. pKI I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I I I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. D I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Date Planning Director's Signature Date Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/c. 06-15/CDP 06-22/HDP 06-05 Tabata Ranch ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 08/02/07 GPA 07-05/ZC 06-04/LCPA 06-03A_. 06-15/CDP 06-22/HDP 06-05 Tabata Ranch • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the / EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 08/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/c. 06-15/CDP 06-22/HDP 06-05 Tabata Ranch AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D a, c) No Impact. The property is situated on a southwesterly facing hill overlooking Poinsettia Lane, Lonicera Drive and large single-family homes below. Unobstructed views of the ocean are available from this property. However, no ocean views are currently available from the public right-of-way at Lemon Leaf Drive as result of the existing single-family home and dense landscaping located at the end of the cul-de-sac. The view from Lemon Leaf Drive will not change as a result of this project as the existing single-family home and landscaping will be removed and replaced by two new single-family homes. Since the project site is not listed as a scenic vista in either the Local Coastal Program or the General Plan, and development of the site is replacing like structures in kind, no substantial adverse effect on any scenic vistas is assessed, and no substantial degradation of the existing visual character or quality of the site and its surroundings is assessed. b) No Impact. No trees or rock outcroppings will be impacted by the proposed project. No buildings, including historic buildings, are located on or adjacent to the site. The area of proposed impact is not located within the view shed of a State scenic highway or any State highway that is designated by the California Department of Transportation as eligible for listing as a scenic highway. Therefore, no impact is assessed. d) No Impact. The proposed single-family residential use is consistent with the surrounding single-family residential uses and will be designed such that it does not contribute a significant amount of light or glare. Therefore, no impact is assessed. Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/^, 06-15/CDP 06-22/HDP 06-05 Tabata Ranch II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact DDK D D D D a-c) No Impact. The project site is located in an area which is subject to the requirements of the Zone 20 Specific Plan approved by City Council in 1994. A Program Environmental Impact Report (PEIR) (EIR 90-03) was certified for the Zone 20 Specific Plan. According to the PEIR, the project site does not contain Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The site is designated for single-family residential land uses and is not encumbered by any Williamson Act contracts. Given that the project site is surrounded by existing residential development, the project would not result in other changes to the environment that would result in the conversion of farmland to non-agricultural uses. Given the surrounding residential development and lack of existing or historical agricultural infrastructure, it is unlikely that agricultural operations would be viable at this location. Development of the site as proposed would not adversely affect agricultural resources. Therefore, no impact is assessed. Rev. 01/02/07 >•*••) GPA 07-05/ZC 06-04/LCPA 06-03/c i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D D D D a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (Oj) and for particulate matter less than or equal to 10 microns in diameter (PMi0). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. As discussed below in Section IX - LANDUSE AND PLANNING, a General Plan Amendment is included as part of this project, which is proposing to change the General Plan Land Use designation on the property from Residential Medium Density (RM, 4-8 du/ac) to Rev. 01/02/07 QPA 07-05/ZC 06-04/LCPA 06-03/c i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch Residential Low-Medium Density (RLM, 0-4 du/ac). The proposed redesignation of this property will result in fewer dwelling units then was originally anticipated, and thus reduced impacts to regional air quality. Section 15125(8) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004, indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130(a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. d) No Impact. The Pacific Rim Elementary School is located 0.27 miles to the northwest. As noted above, the proposed single-family project would not result in substantial pollutant emissions or concentrations. Therefore, no impact is assessed. e) No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. 10 Rev. 01/02/07 •2P r GPA 07-05/ZC 06-04/LCPA 06-03/Ci 06-15/CDP 06-22/HDP 06-05 Tabata Ranch IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D n n n n D n n a, b, c & f) NO Impact. The City of Carlsbad has an adopted Habitat Management Plan (HMP), which is a comprehensive, citywide, program to identify how the City, in cooperation with the federal and state wildlife agencies, can preserve the diversity of habitat and protect sensitive biological resources within the City while allowing for additional development consistent with the City's General Plan and its Growth Management Plan. In so doing, the Plan is intended to lead to citywide permits and authorization for the incidental take of sensitive species in conjunction with private development projects, public projects, and other activities, which are consistent with the Plan. As discussed in the subsequent passages, the project does not conflict with any of the provisions of the HMP. The 2.9-acre project site consists of three parcels surrounded on all side by communities of single-family homes. Most of the property is considered developed and consists of maintained landscapes, graded surfaces, and a single- family residence. Only man-made cement lined drainages exist on site. According to the City of Carlsbad's HMP, the site is identified as a Development Area, and is not located adjacent to or. near any Standards Area or Existing/Proposed Hardline Preserve Areas. 11 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/Ci 06-15/CDP 06-22/HDP 06-05 Tabata Ranch A biological study was prepared for the project site by e2M dated March 6, 2008. According to the report, the site supports 0.9-acres of Disturbed/Graded Area, 0.1-acres of Developed/Paved Area, and 1.9-acres of Landscaped Area. No native or wetland habitats or natural drainage areas were observed on the project site or within the vicinity. Pursuant to the HMP, the developer will be conditioned as part of the project to pay in-lieu fees for impacts to 0.9,-acres of Disturbed Lands (Group-F Habitat). No mitigation is required for impacts to the landscaped and developed/paved areas. Therefore, no impact is assessed. d) No Impact. Construction of the proposed project is not expected to impede local wildlife movement or migratory fish or wildlife movement. The subject site is not located within any of the HMP Core Focus Planning Areas, nor is the site adjacent to or near any Standards Area or Existing/Proposed Hardline Preserve Areas. Therefore, no impact is assessed. e) No Impact. The City of Carlsbad has no adopted tree preservation policy or ordinance which would affect the subject project. The subject project will not impact trees or other biological resources protected by such policy or ordinance except as otherwise described in the sections above. No trees exist on the subject site, therefore no impact is assessed. V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact D n n Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact n n n n n n a, b & d) Potentially Significant Unless Mitigation Incorporated. A Phase 1 Archaeological Assessment was prepared for the site by Brian F. Smith & Associates (BFSA) on June 10, 2008. The evaluation program was conducted in accordance with CEQA Section 15064.5 to determine the presence of any archaeological or historical cultural resources that could be affected by the proposed project. Institutional records searches were requested from the South Coastal Information Center (SCIS) and Museum of Man (MOM) to identify previously discovered archeological sites in the project area, and a Sacred Lands File search was requested from the Native American Heritage Commission (NAHC) to list potentially sacred or ceremonial sites or landforms on or near the project. Of those searches, the MOM records search reported a prehistoric resource (W-4031) within the southwest portion of the project boundary, which was also identified by the Zone 20 PEIR. A pedestrian field survey of the site was conducted by BFSA on May 22, 2008, which failed to relocate W-4031, or produce any evidence of archeological sites or culturally sensitive areas anywhere on the subject property. Additionally, in accordance with the Tribal Consultation Guidelines for the State of California (California State Senate Bill 18, Chapter 905, Statutes of 2004), the City of Carlsbad requested consultation with the San Pasqual Band of Mission Indians, Mesa Grande Band of Mission Indians, Pala Band of Mission Indians, Kwaaymii Laguna Band of Mission Indians, Inaja Band of Mission Indians, Rincon Band of Mission Indians, San Luis Rey Band of Mission Indians, Santa Ysabel Band of Diegueno 12 Rev. 01/02/07 3?\™X *-«•-- GPA 07-05/ZC 06-04/LCPA 06-03/c, 06-15/CDP 06-22/HDP 06-05 Tabata Ranch Indians, and the Kumeyaay Cultural Repatriation Committee. Of those listed, the San Luis Key Band of Mission Indians requested a formal consultation with the City of Carlsbad, which was held on March 16, 2009. A request for a formal pre-excavation agreement and use of tribal monitors in addition to archeological monitoring was required to address any cultural resources that may be found given the Band's traditional territory. Although the current investigation by BFSA did not identify any significant resources within the project boundaries, it did indicate that past results of the archeological records searches and cultural resources studies within the Carlsbad area indicate that there is a high potential for buried cultural deposits everywhere along the coastal plain. Therefore, in accordance with the California Environmental Quality Act (CEQA) Section 15064.5(f), which requires provisions for the identification and evaluation of accidentally discovered archeological resources; mitigation measures have been added to the project requiring archaeological monitoring by both a qualified archaeologist and tribal monitor(s) of the San Luis Key Band of Mission Indians during the demolition of structures and all earth- disturbing activities. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project boundaries during construction activities, all work is to be halted near the discovery and a qualified archeologist shall record and evaluate the discovery under CEQA. Through the implementation of the mitigation measures recommended in the Phase I Archeological Assessment, along with the requirements of tribal monitoring and a formal pre-excavation agreement with the San Luis Rey Band of Mission Indians, impacts to any unforeseen or accidentally discovered cultural resources are reduced to a level of less than significant. c) Potentially Significant Unless Mitigation Incorporated. The project site is located in an area which is subject to the requirements of the Zone 20 Specific Plan approved by City Council in 1994, A Program Environmental Impact Report (PEIR) (EIR 90-03) was certified for the Zone 20 Specific Plan. According to the PEIR, Eocene age rocks of the Santiago Formation (35 to 54 millions years old) are known to contain significant fossils in the Carlsbad area and represent a significant resource. Because this formation is found throughout the entire Zone 20 Specific Plan area, there is a high potential for discovery of fossils during grading and construction activities. A Geotechnical Update Report by Vinje & Middleton Engineering, Inc. (Job #01-364, August 2, 2006) and a Paleontological Resource and Monitorins Assessment (June 10. 2008) by Brian F. Smith & Associates (BFSA) were prepared, which analyzed the sites geologic condition and potential for impacts to paleontological resources. Both reports substantiate the soil conditions identified in the Zone 20 Specific Plan PEIR. Therefore, as stated in the paleontological assessment, because of the "high paleontological resource sensitivity" of the middle Eocene Santiago Formation and the "moderate paleontological resource sensitivity" of the lower to middle Pleistocene Lindavista Formation sediments present in the vicinity of the project site, paleontological monitoring of mass grading and excavation (utility trenching, etc.) activities is necessary to mitigate any adverse impacts (loss or destruction) to potential nonrenewable paleontological resources (i.e. fossils). A mitigation program which involves the review of the grading plans and full time attendance of a paleontologist during grading operations, with the authority to direct grading in order to salvage and curate resources, will mitigate impacts to a less than significant level. 13 Rev. 01/02/07 "" ../O' GPA 07-05/ZC 06-04/LCPA 06-03/C i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42, Strong seismic ground shaking?n. 111.Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact x a a a a a a D n n a a a.i.) No Impact. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. Therefore, no impact is assessed. a.ii.-a.iv. & c) Less Than Significant Impact. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. However, there are several active faults throughout Southern California, and potential earthquakes resulting from these faults could affect Carlsbad. A Preliminary Geotechnical Investigation was prepared by Vinje & Middleton Engineering, Inc. (Job #01-364-P) on October 24, 2001 and was later updated in a Geotechnical Update Report and Grading Plan Review) dated August 2, 2006. According to their report, the project site is a natural hillside underlain by sedimentary bedrock units of the Eocene Age mantled by a thin soil cover of Topsoil/colluvium with some artificial fill located in the southern portion of the site. Groundwater was not detected during any of the test excavations performed onsite; no evidence of landslides or other forms of geologic slope instability were discovered; no faults or 14 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/C i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch significant shear zones were indicated on or near the proximity of the project site; and liquefaction or other ground rupture failures are not anticipated. By following the recommendations contained within the referenced report, the site is suitable for the proposed project and exposure of people or structures to geotechnical related hazards is considered to be less than significant. b) Less Than Significant Impact. During finish grading, exposure of soils could lead to an increased chance for the erosion of soils from the site. However, such grading will follow best management practices for the control of erosion, such as straw bale or sandbag barriers, silt fences, slope roughening, and outlet protection in exposed areas. Finished grades will be promptly hydroseeded or otherwise protected as required per the adopted City Grading Ordinance. If necessary, temporary slope cover such as jute matting or mulch will be applied to newly graded slopes to reduce the potential for soil erosion or the loss of topsoil to a level that is considered to be less than significant. d) No Impact. According to the geotechnical report, onsite soils are considered to be very low in expansion potential. The report indicates that the site is suitable to receive the proposed improvements. Therefore, no impact is assessed. e) No Impact. The proposed project does not propose septic tanks and will utilize the public sewer system. Therefore, there will be no impacts involving soils that support the use of septic tanks or alternative wastewater disposal systems. Therefore, no impact is assessed. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact n n n n n n n 15 Rev. 01/02/07 rGPA 07-05/ZC 06-04/LCPA 06-03/L i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch i) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impactimpact D D Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact n a-b) Less Than Significant Impact. Due to the subject properties prior agricultural use, and planned conversion to residential development, the site was evaluated for agricultural chemicals and fuel hydrocarbons in surficial soils. A Baseline Environmental Site Assessment was prepared for the project by Vinje & Middleton Engineering (VME), dated November 4,2008 (VME Job No. 08-3 50-H). VME's assessment of the soil identified residual concentrations of Organochlorine pesticide compounds, DDT and breakdown metabolite DDE in 12 of 16 soil samples analyzed. According to the conclusions of the report, maximum levels of both compounds (200 ug/kg DDT and 230 ug/kg DDE) are below concentrations deemed to represent an exposure concern to future residents, and further evaluation of the site for potentially harmful chlorinated pesticides is not warranted. The VME report includes recommendations for the appropriate removal and disposal of nearly 3 cubic yards of petroleum hydrocarbon impacted soil that was identified by soil sample SS-5; recommends a confirmation soil sample be analyzed by laboratory to confirm the removal of fuel hydrocarbon impacted soil; and requires the submittal of an application to the County of San Diego, Department of Environmental Health (DEH), Site Assessment & Mitigation Division (SAM), Voluntary Assistance Program for report review, concurrence, and site closure letter on this project. On December 8, 2008, the applicant submitted the VME prepared Baseline Environmental Site Assessment to the County of San Diego, Department of Environmental Health (DEH), Site Assessment & Mitigation Division (SAM), Voluntary Assistance Program for review and concurrence. In a letter (VOLUNTARY ASSISTANCE PROGRAM #H39733-001, Tabata Ranch Site, Lonicera Street, Carlsbad California 92008) dated December 31, 2008, the DEH concurred with the findings of the VME Baseline Environmental Site Assessment, citing that the "in situ site soils do not appear to pose a human health risk to future residents." By following the recommendations contained within the referenced VME report, and compliance with the County's Voluntary Assistance Program, the site is suitable for the proposed project, and exposure of people to hazardous materials is considered to be less than significant. A condition requiring the implementation of the suggested recommendations will be added to the project. The project also involves grading operations and construction activity for the future development of single-family homes. During the construction phases of the proposed project, construction equipment and materials typically associated with land development (i.e. petroleum products, paint, oils and solvents) will be transported and used onsite. Upon completion of construction of the project, some use of hazardous cleaning products on the site may occur. Other than during this construction phase, the project will not routinely utilize hazardous substances or materials. All transport, handling, use, and disposal of any cleaning substances will comply with all federal, state, and local laws regulating the management and use of such materials. No extraordinary risk of accidental explosion or the release of hazardous substances is anticipated with construction, development, and implementation or operation of the proposed project. It is concluded that the routine amount of hazardous materials utilized during the construction period is not significant, and therefore the impact to the public or the environment through the routine transport, use, or disposal of hazardous materials is considered to be less than significant. 16 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/L,>06-15/CDP 06-22/HDP 06-05 Tabata Ranch c) No Impact. The nearest schools to the project site Pacific Rim Elementary, which is located approximately 0.27 miles to the northwest. Because the site is not located within one-quarter mile of an existing or proposed school, no significant impact is anticipated. d) No Impact. The subject property is not included on any lists or registry of sites containing hazardous materials. Therefore, no impact is assessed, e) No Impact. The subject site is located approximately 1.15 miles southwest of the McClellan-Palomar Airport runway. Because the site is located well outside of the McClellan-Palomar Airport Area of Influence, it is concluded that the site .will not cause a safety hazard for people residing or working within the project area. Therefore, no impact is assessed. f) No Impact. No private airstrip exists within the vicinity of the subject site. Therefore, no impact is assessed. g) No Impact Neither construction nor the operation of the proposed project facilities will significantly affect, block, or interfere with traffic on public streets, including any streets that would be used for an emergency response plan or emergency evacuation plan. No emergency response or evacuation plan directs evacuees through the project site, and no improvements are proposed by the project in any area which would physically interfere with an adopted emergency response plan or emergency evacuation plan. Therefore, no impact is assessed, h) No Impact. The proposed project site is surrounded by existing single-family development and Poinsettia Lane. No open space or wildland fire risks exist within the vicinity of the project. As such, the project does not expose people or structures to a significant risk of loss, injury or death involving wildland fires. Therefore, no impact is assessed. Potentially Significant Potentially Unless Less Than Significant . Mitigation Significant No Impact Incorporated Impact Impact VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? D D D D D D 17 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/C. 06-15/CDP 06-22/HDP 06-05 Tabata Ranch e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? k) Increase erosion (sediment) into receiving surface waters. 1) Increase pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? n) Increase any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? Potentially Significant Impact D D D a a o) Increase impervious surfaces and associated runoff? I 1 p) Impact aquatic, wetland, or riparian habitat? Potentially Significant Unless Mitigation Incorporated D D D D D D D Less Than Significant Impact No Impact D D D D D D D q) Result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? a) Less Than Significant Impact. Federal, State and local agencies have established goals and objectives for storm water quality in the region. The proposed project, prior to the start of construction, will comply with all Federal, State, and local permits including the Storm Water Management Plan (SWMP) required under the County of San 18 Rev. 01/02/07 f GPA 07-05/ZC 06-04/LCPA 06-03/C, 06-15/CDP 06-22/HDP 06-05 Tabata Ranch Diego Watershed Protection, Storm Water Management, and Discharge Control Ordinance (WPO) (Section 67.871), the City of Carlsbad's Standard Urban Storm Water Management Plan (SUSMP), and the National Pollution Discharge Elimination System (NPDES) from the Regional Water Quality Control Board (RWQCB). The project will develop and implement specific erosion control and best management practices to protect downstream water quality. These plans will ensure that acceptable water quality standards will be maintained both during construction as well as post-development. b) No Impact. The project does not propose to directly draw any groundwater; instead it will be served via existing public water distribution lines within the public right-of-way adjacent to the site, Existing water lines will adequately serve the project's water demands. Therefore, no impact is assessed. c-f) Less Than Significant Impact. A Preliminary Hydrology Study and Preliminary Storm Water Management Plan (SWMP) were prepared for the project by PASCO Engineering, both dated June 27, 2008. According to these reports, the proposed project will slightly alter drainage patterns on the site to correct a minor drainage impact to the Poinsettia Lane drainage system that was created with the development of the surrounding subdivision (CT 98-i 4). The storm water discharge points will divert runoff from the existing condition; however, the ultimate discharge points will remain the same. No streams or rivers are present on the site and therefore will not be affected. The total post development runoff that is discharging from the site will not significantly exceed pre-development amounts, and therefore will not cause substantial erosion or flooding. To address water quality for the project, Best Management Practices (BMP's) will be implemented during construction activities and post-construction development. Pollutants of concern are being addressed through site design, source control, and treatment control BMP's. Landscaping of slopes, consisting of both native and non-native plants, will be utilized to reduce erosion. Riprap placed in locations of storm drain outfalls will be used to reduce velocities. Treatment control BMP's, such as landscaping and biofiltration swales will address water quality. Through these efforts, the project will not violate any water quality standards, or otherwise substantially degrade water quality; will not substantially alter existing drainage patterns causing substantial erosion, siltation, or flooding; and will not significantly impact the capacity of stormwater drainage systems. Therefore, impacts are considered to be less than significant. g-j) No Impact. The project site is not located within a 100-year flood hazard area; and according to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. Catastrophic Dam Failure Inundation. Tsunami and Seiche Hazard Zone Maps. September 1992. the project site is not located within an area affected by tsunami, seiche, or mudflow, nor is the site located within a Catastrophic Dam Failure Inundation Area. Therefore, no impact is assessed. k) Less Than Significant Impact. The construction phase of the project could result in increased erosion. However, as a result of the NPDES requirements associated with the proposed project, no significant increase in erosion (sediment) into receiving surface waters will result from the project. Urban runoff from the proposed development will be channeled into the appropriate storm water receptors to the maximum extent practicable as indicated in the project's Preliminary Storm Water Management Plan (SWMP). The greatest potential for short-term water quality impacts to the drainage basin would be expected during and immediately following the grading and construction phases of the project, when cleared and graded areas are exposed to rain and storm water runoff. Standard conditions require compliance with NPDES sediment control requirements during the construction phase and implementation of the grading and construction BMPs for the project. Therefore, impacts are considered to be less than significant. 1-p) Less Than Significant Impact. The project site is located approximately 1.3-miles east of the Pacific Ocean. Storm water run-off will drain from the site and into the Batiquitos Lagoon and ultimately the Pacific Ocean by way of an existing storm drain system. According to the California 2006 303(d) list published by the San Diego Regional Water Quality Control Board, the Batiquitos Lagoon and Pacific Ocean (in the area of the Batiquitos Lagoon) are not listed as impaired water bodies. However, to address water quality of the project, BMP's will be implemented during construction activity and post construction development to attain water quality objectives. As discussed in the sections above, the project will not significantly increase pollutant discharges and will not alter the water quality of the receiving surface waters, and the amount of discharge and velocity of run-off will not significantly exceed pre-development levels. Therefore, impacts are considered to be less than significant. 19 . Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/L,. 06-15/CDP 06-22/HDP 06-05 Tabata Ranch q) No Impact. The project will not result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses. Please refer to the preceding responses. No impact assessed. Potentially Potentially Significant Unless Less Than IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Significant Mitigation Significant No Impact Incorporated Impact Impact a a a a a a-c) No Impact. The 2.9-acre infill site is presently developed with a large single-family ranch style home, surrounded by existing single-family residential subdivisions. The project is proposing to subdivide the site into five (5) single-family lots for the future development of detached single-family homes that are consistent in scale and density with the surrounding community. Topographically, the site is sloping from east to west with a change in elevation from a high of approximately 305 feet above mean sea level (AMSL) in the northeast comer nearest Lemon Leaf Drive to a low of approximately 250 ft. AMSL in the northwest corner nearest Lonicera Street. The General Plan and Local Coastal Program Land Use designations for the site are both identified as Residential Medium Density (RM). The RM designation anticipates single-family, two-family, and/or multiple-family residential dwellings at 4 to 8 dwelling units per acre with a Growth Management Control Point (GMCP) of 6 dwelling units per acre. The project site has a net developable area of 2.17 acres. At the bottom of the RM density range, the site would yield 8.68 dwelling units, at the GMCP, the site would yield 13.02 dwelling units, and at the top of the RM density range, the site would yield 17.36 dwelling units. However, to develop the site at any one of these densities requires a significant amount grading to the site that would violate the City's Hillside Development regulations and Hillside Development Guidelines, and furthermore would require higher density residential product types that would not be compatible with the existing surrounding single-family homes. Therefore, given the topographic constraints of the site combined with the existing lower densities of the surrounding single-family residential developments, the project applicant is proposing to develop only five (5) single-family lots. As such, the resultant density is 2.3 dwelling units per acre, which is 3.68 dwelling units lower than the bottom of the RM density range and is 8.02 dwelling units below the RM GMCP. To ensure that development of this infill site is compatible with the existing surrounding residential land use densities, and to further reduce any potentially significant impacts to hillsides as a result of excessive grading, the project is proposing a General Plan Amendment, Local Coastal Program Amendment, and Zone Change to change the General Plan and Local Coastal Program Land Use designations on the property from RM to Residential Low-Medium Density (RLM, 0-4 du/ac), and to change the City Zoning and Local Coastal Program Zoning designations on the property from Residential Density - Multiple (RD-M) and Limited Control (L-C) to One-Family Residential (R-l). The proposed project density at 2.3 du/ac is compatible with the proposed RLM (0-4 du/ac) land use designation. Therefore, the project does not physically divide an established community or conflict with any existing or proposed land use plans or policies; and furthermore as illustrated above in Section IV - Biological Resources, the project does not conflict with any habitat conservation plans or natural community conservation plans of the City of Carlsbad. No impact is assessed. 20 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/L. 06-15/CDP 06-22/HDP 06-05 Tabata Ranch X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? n n n a-b) No Impact. There is no indication that the subject property contains any known mineral resources that would be of future value to the region or the residents of the State. Therefore, no impact is assessed. XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Impact Potentially Significant UnJess Mitigation Incorporated D n n n n n Less Than Significant No Impact Impact n n n n n n n n a) Potentially Significant Unless Mitigation Incorporated. An Acoustical Site Assessment (ISE Project #07-012> was prepared on the project site by Investigative Science and Engineering, Inc. dated May 24, 2007, According to the report, the primary noise source impacting the project site is from vehicular traffic on Poinsettia Lane. Poinsettia 21 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/C i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch Lane is identified in the City of Carlsbad General Plan as a Circulation Element major arterial, and is located directly adjacent to the site along its southerly boundary. The report does not require any exterior mitigation since all proposed noise sensitive areas will not exceed the City's 60 dBA CNEL exterior noise exposure threshold. However, the report does indicate that areas within proposed Lots 3, 4, and 5 will exceed the CCR Title 24, Noise Insulation Standards and will therefore need to be further analyzed under future building permits to demonstrate compliance with the 45 dBA CNEL interior noise standard. Therefore, prior to issuance of building permits for future homes on Lots 3, 4, and 5, an interior noise analysis compliant with the California Code of Regulations (CCR), Title 24, Noise Insulation Standards, is required in order to demonstrate that future architectural design limits .interior noise to 45 dBA CNEL or less. As mitigated, the site is suitable for the proposed project and exposure of people to noise related hazards is considered to be less than significant, b & d) Less Than Significant Impact. The anticipated grading operation associated with the proposed single- family dwellings will result in a temporary and minor increase in groundborne vibration and ambient noise levels. However, following the conclusion of grading, ambient noise levels and vibrations are expected to return to pre- existing levels and therefore impacts are considered to be less than significant. c) No Impact. The project consists of five (5) single-family residential lots, which is consistent in use and intensity as the surrounding residential development. As such, the project would not result in sustained ambient noise levels which would exceed the established standards. No impact is assessed. e) Potentially Significant Impact Unless Mitigation Incorporated. The subject site is located approximately 1.15 miles southwest of the McClellan-Palomar Airport runway. The project site is located well outside of the Airport Influence Area, Flight Activity Zone, and/or the Runway Protection Zones that are established by the McClellan- Palomar Airport Land Use Compatibility Plan (ACLUP). However, the site is located within the Noise Impact Notification Area (NINA), which encompasses most of the City of Carlsbad. According to the ACLUP, much of the noise in this area occurs on an irregular basis, and is often called single event noise. This type of noise, although not generally considered to be a health or safety issue, may be a nuisance. Therefore, all residential projects located within the NINA are required to record a notice that the property is subject to over flight, site, and sound of aircraft operating from McClellan-Palomar Airport. A mitigation measure is included to reduce this impact to a level considered to be less than significant. 0 No Impact. No private airstrip exists within the vicinity of the subject project. No impact is assessed. XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D D D D D Less Than Significant No Impact Impact D D D a-c) No Impact. The project's size of five (5) single-family residential lots is consistent with the intensity of the surrounding residential land uses. The project site and the area surrounding it are designated for residential 22 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/C,, 06-15/CDP 06-22/HDP 06-05 Tabata Ranch development and were analyzed accordingly in the Zone 20 Local Facilities Management Plan and the Zone 20 Specific Plan EIR. As indicated above in Section IX., the density of the proposed development is consistent with the proposed amended City of Carlsbad General Plan. The project will not displace people or existing housing, thus necessitating the construction of replacement housing elsewhere. Therefore, no impact is assessed. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services; i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D D D D D D D D D a.i. - a.v.) No Impact. The project's size, consisting of five (5) single-family residential lots, is consistent with the General Plan and therefore will not effect the provision and availability of public facilities (fire protection, police protection, schools, parks, libraries, etc.). The proposed project shall be subject to the conditions and facility service level requirements within the Local Facilities Management Plan for Zone 20. Therefore, no significant public service impacts will occur as a result of this project. No impact is assessed. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D n 23 Rev. 01/02/07 f GPA 07-05/ZC 06-04/LCPA 06-03/C,. 06-15/CDP 06-22/HDP 06-05 Tabata Ranch a-b) No Impact. The project's size, consisting of five (5) single-family residential lots, will not result in the deterioration of existing neighborhood or regional parks or cause such parks to be expanded. The development of this site is anticipated by the General Plan, and in accordance with the Zone 20 Local Facilities Management Plan the project is conditioned to pay park-in-lieu fees to Park District 3. Therefore, no adverse physical effect on the environment will occur as a result of this project. No impact is assessed. XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? Potentially Significant Impact D D D D Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D D D D D a) Less Than Significant Impact. Five (5) lots for single family homes will generate 50 Average Daily Trips (ADT), which is not substantial in relation to the existing traffic load and capacity of the street system. While the increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. The proposed project will not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Project associated impacts are therefore considered to be less than significant. '24 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/c, 06-15/CDP 06-22/HDP 06-05 Tabata Ranch b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: LOS Rancho Santa Fe Road "A-C" El Camino Real "A-D" Palomar Airport Road "A-D" SR 78 "F" The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990).- Accordingly, all designated roads and highway 78 is currently operating at or better than the acceptable standard LOS. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-term and at buildout. c) No Impact. The proposed project does not include any aviation components. The project is consistent with the Airport Land Use Compatibility Plan, McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) No Impact All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City's proposed amended General Plan and Zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. f) No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. No impact assessed. g) No Impact. The project is located within an area conducive to public transportation, being in close proximity to Poinsettia Lane and Aviara Parkway, both of which are major circulation element roadways. No impact is assessed. Potentially Significant Potentially , Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XVI. UTILITIES AND SERVICES SYSTEMS - Would the project; a) Exceed wastewater treatment requirements of the [ ] applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or I I I I wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? 25 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/C /06-15/CDP 06-22/HDP 06-05 Tabata Ranch c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact n n n n a-g) No Impact. The proposed residential development will be required to comply with all Regional Water Quality Control Board Requirements. In addition, the Zone 20 LFMP anticipated that the project site would eventually be developed with a residential use and wastewater treatment facilities were planned and designed to accommodate future residential uses on the site. All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. The proposed development will increase the demand for these facilities; however, the proposed density (2.3 dwelling units per acre) is less than what was originally anticipated (6 dwelling units per acre at the Growth Management Control Point) for this site and thus will not result in an overall increase in the City's growth projection in the SW quadrant. Therefore, the project does not create development that will result in a significant need to expand or construct new water facilities/supplies, wastewater treatment or storm water drainage facilities. No impact is assessed. XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range Of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 26 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/C i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which I I I 1 R7I I 1 will cause the substantial adverse effects on human ^^ beings, either directly or indirectly? a) Potentially Significant Impact Unless Mitigation Incorporated. The proposed project will not degrade the quality of the environment. The project site is considered an infill site surrounded on all sides by single-family communities; it does not contain any fish or wildlife species; and is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal species. However, the project's required mitigation as outlined in the Cultural Resources section will preclude any elimination of important examples of major periods of California history or prehistory, thus reducing impacts to less than significant. Therefore, the project will not reduce the habitat of a fish or wildlife species; will not threaten to eliminate or reduce the number of endangered plant and animal species; and will not result in the elimination of any important examples of California history or prehistory. b) Less Than Significant Impact. The San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local General Plan Land Use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. However, the air quality would be essentially the same whether or not the development is implemented. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as pan of the regional circulation system. The CMA had determined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the. short-term and at build-out. The project is consistent with the City's growth projections, and therefore, the cumulative impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project, City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. c) Less than Significant Impact. Based upon the fact that future development of the site will'comply with all City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. However, the project site is located in an area where human beings are exposed to significant levels of noise generated by traffic on the surrounding streets. As discussed above, any potential impacts from noise can be mitigated to a less than significant level. Those mitigation measures will be incorporated as conditions of project approval. Development of the site and structures will be required to comply with all applicable Federal, State, 27 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/L. i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch Regional and City regulations, which will ensure that development of the site will not result in adverse impacts on human beings, either directly or indirectly. XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 28 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/C • 06-15/CDP 06-22/HDP 06-05 Tabata Ranch EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Program Environmental Impact Report for the Zone 20 Specific Plan (EIR 90-03). Brian F. Mooney Associates. June 1992. 2. Airport Land Use Compatibility Plan for. McClellan Palomar Airport, Carlsbad. California. San Diego County Regional Airport Authority, as amended October 4, 2004. 3. Carlsbad General Plan, City of Carlsbad Planning Department, dated March 1994. 4. City of Carlsbad Municipal Code. Title 21 Zoning. City of Carlsbad Planning Department, as updated. 5. Habitat Management Plan for Natural Communities in the City of Carlsbad City of Carlsbad Planning Department, final approval dated November 2004. 6. Habitat Mapping and Quantification - Tabata Ranch Project. e2M (Engineering - Environmental Management, Inc.), dated March 6, 2008. 7. Phase 1 Archaeological Assessment of the Tabata Ranch Development Project. (APNs 214-630-20. 214- 631-20. 214-631-21). City of Carlsbad. San Diego County. California. Brian F. Smith & Associates (BFSA), June 10, 2008. 8. Paleontological Resource and Monitoring Assessment. Tabata Ranch Development Project (APNs 214- 630-20. 214-631-20. 214-631-21). City of Carlsbad. San Diego County. California. Brian F. Smith & Associates (BFSA), June 10,2008. 9. Preliminary Geotechnical Investigation. Proposed 4-Lot Subdivision Tabata Ranch off Camino De Las Ondas and Lonicera Street (Job #01-364-P). Vinje & Middleton Engineering, Inc., October 24,2001. 10. Geotechnical Update Report and Grading Plan Review. Proposed Tabata Ranch Subdivision. Lemon Leaf Drive. Carlsbad. California (Job #Ql-364-P). Vinje & Middleton Engineering, Inc., August 2, 2006. 11. Baseline Environmental Site Assessment - Tabata Ranch (Job #08-350-H). Vinje & Middleton Engineering (VME), November 4, 2008. 12. County of San Diego. Department of Environmental Health (DEH). Site Assessment & Mitigation Division (SAM). Voluntary Assistance Program #H39733-001. Tabata Ranch Site. Lonicera Street. Carlsbad California 92008. December 31, 2008. 13. Preliminary Hydrology Study for Tabata Ranch. Lemon Leaf Drive. Carlsbad. California. Pasco Engineering, Inc., June 27, 2009. , 14. Preliminary Storm Water Management Plan. Lemon Leaf Drive. Carlsbad. California. Pasco Engineering, June 27,2008. 15. . City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. Catastrophic Dam Failure Inundation. Tsunami and Seiche Hazard Zone Maps. City of Carlsbad Planning Department, September 1992. 16. Acoustical Site Assessment Tabata Ranch Residential Development. Carlsbad, California (ISE Project #07- 012). Investigative Science and Engineering, Inc., May 24, 2007. 29 Rev. 01/02/07 Li'1 GPA 07-05/ZC 06-04/LCPA 06-03/c i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. Archeological mitigation measures shall be implemented as follows; a. Prior to demolition of any structures or issuance of a grading permit, whichever occurs first, the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of this agreement will be to establish the requirement of tribal monitoring and to formalize procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. b. Prior to demolition of any structures or issuance of a grading permit, whichever occurs first, the project developer shall retain the services of a qualified archeologist to monitor all ground disturbing and demolition activities. The applicant shall provide verification that a qualified archeologist has been retained, and verification shall be documented by a letter from the applicant and the archeologist to the Planning Director. c. A qualified archeologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. d. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. e. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. f. If any deposits are evaluated as significant under CEQA, mitigation may be required as recommended by the qualified archeologist. 2. Paleontological mitigation measures shall be implemented as follows: a. Prior to issuance of a grading permit the project developer shall retain a qualified paleontologist to carry out the mitigation program outlined here. (A qualified paleontologist is defined as an individual with a MS or Ph.D, in paleontology or geology that is familiar with paleontological procedures and techniques.) The applicant shall provide verification that a qualified paleontologist has been retained, and verification shall be documented by a letter from the applicant and the paleontologist to the Planning Director. b. A qualified paleontologist shall be present at a pre-construction meeting to consult with the grading and excavation contractors. c. A paleontological monitor shall be onsite at all times during mass grading and excavation activities, including utility trenching, etc. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) d. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Due to the small nature of some fossils it may be necessary to collect matrix samples for processing through fine mesh screens. e. Any fossils collected shall be prepared to the point of identification and properly curated before they are donated to their final repository. 30 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/C , 06-15/CDP 06-22/HDP 06-05 Tabata Ranch f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shaH be deposited (as a donation) in a non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. g. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. 3. Prior to the issuance of building permits for any homes on Lots 3, 4, and 5, an interior noise analysis shall be submitted to the Planning Director which demonstrates compliance with the City of Carlsbad Noise Guidelines Manual and the California Code of Regulations (CCR), Title 24, Noise Insulation Standards. 31 Rev. 01/02/07 GPA 07-05/ZC 06-04/LCPA 06-03/c i 06-15/CDP 06-22/HDP 06-05 Tabata Ranch APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date SjgnaTure 32 • Rev, 01/02/07 P/7 Page 1 of 3 PROJECT NAME: Tabata Ranch APPROVAL DATE: March 30. 2009 FILE NUMBERS: GPA 07-05/ZC 06-04/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure 1 . Archeological mitigation measures shall be implemented as follows: a. Prior to demolition of any structures or issuance of a grading permit, whichever occurs first, the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of this agreement will be to establish the requirement of tribal monitoring and to formalize procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. b. Prior to demolition of any structures or issuance of a grading permit, whichever occurs first, the project developer shall retain the services of a qualified archeologist to monitor all ground disturbing and demolition activities. The applicant shall provide verification that a qualified archeologist has been retained, and verification shall be documented by a letter from the applicant and the archeologist to the Planning Director. c. A qualified archeologist shall be present at the pre- construction meeting to consult with the grading and excavation contractors. Monitoring Type Prior to demolition of any structures or issuance of a grading permit Monitoring Department Planning / Engineering Shown on Plans Verified Implementation Remarks 0-'DO Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Oept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Page 2 of 3 Mitigation Measure d. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. e. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. f. If any deposits are evaluated as significant under CEQA, mitigation may be required as recommended by the qualified archeologist. 2. Paleontological mitigation measures shall be implemented as follows: a. Prior to issuance of a grading permit the project developer shall retain a qualified paleontologist to carry out the mitigation program outlined here; (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology that is familiar with paleontological procedures and techniques.) The applicant shall provide verification that a qualified paleontologist has been retained, and verification shall be documented by a letter from the applicant and the paleontologist to the Planning Director. b. A qualified paleontologist shall be present at a pre- construction meeting to consult with the grading and excavation contractors. c. A paleontological monitor shall be onsite at all times during mass grading and excavation activities, including utility trenching, etc. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) Monitoring Type Prior to issuance of a grading permit Monitoring Department Planning / Engineering Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. r Page 3 of 3 Mitigation Measure d. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Due to the small nature of some fossils it may be necessary to collect matrix samples for processing through fine mesh screens. e. Any fossils collected shall be prepared to the point of identification and properly curated before they are donated to their final repository. f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. g. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. 3. Prior to the issuance of building permits for any homes on Lots 3, 4, and 5, an interior noise analysis shall be submitted to the Planning Director which demonstrates compliance with the City of Carlsbad Noise Guidelines Manual and the California Code of Regulations (CCR), Title 24, Noise Insulation Standards. Monitoring Type Prior to the issuance of building permits for any homes on Lots 3, 4, and 5. Monitoring Department Planning Shown on Plans , Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. EXHIBIT "ADDM" ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR TABATA RANCH GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 The purpose of this Addendum to the Mitigated Negative Declaration is to include Specific Plan Amendment 203(C) as part of the project description for the Tabata Ranch project, and to state the determination that this revision does not create any new significant environmental effects, that none of the conditions contained in Section 15162 of the California Environmental Quality Act (CEQA) have occurred, and that a subsequent Mitigated Negative Declaration is not required. Subsequent to the circulation of the Notice of Intent to adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (April 11, 2009), it was determined that an amendment to the Zone 20 Specific Plan was necessary in order to reflect the proposed land use change from Residential Medium (RM, 4-8 du/ac) to Residential Low-Medium (RLM, 0-4 du/ac). This revision is not considered substantial or significant as it relates to the environmental effects associated with the project or the conditions contained in Section 15162 of CEQA. The Specific Plan Amendment does not create any new significant environmental effects, nor does it cause any of the conditions contained in Section 15162 of the California Environmental Quality Act (CEQA) to occur, and a subsequent Mitigated Negative Declaration is not required. Date: Don Neu Planning Director 1 PLANNING COMMISSION RESOLUTION NO. 6615 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE 4 ELEMENT OF THE GENERAL PLAN TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM RESIDENTIAL MEDIUM DENSITY (RM, 4-8 DU/AC) TO RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) ON A 2.9 ACRE SITE GENERALLY LOCATED ON THE 7 NORTH SIDE OF POINSETTIA LANE AT THE WESTERNMOST TERMINUS OF LEMON LEAF DRIVE 8 WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 10 CASE NAME: TABATA RANCH CASE NO: GPA 07-05 11 WHEREAS, Noboru & Evelyn Tabata, "Developer/Owner," has filed a verified 13 application with the City of Carlsbad regarding property described as: 14 Parcel 1A: 15 That portion of the east 264.14 feet of the west 1A of the ., northeast % of the northeast % of Section 28, Township 12 south, Range 4 west, San Bernardino Base and Meridian, in 17 the County of San Diego, State of California, according to official plat thereof, lying northerly of the north line of the 18 south 15 acres of said west Vi; Excepting from the above east 264.14 feet of said land, the 20 south 184.47 feet thereof; 21 Also excepting the east 28.00 feet and the north 30.00 feet thereof; 22 Parcel IB: 24 The northerly 30.00 feet of the easterly 264.14 feet of the west '/2 of the northeast % of the northeast % of Section 28, 25 Township 12 south, Range 4 west, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey, together with that portion of the easterly 28.00 feet of said west Yi lying northerly of the northerly line of the southerly 15.00 acres of 28 said west 1A; Excepting from said easterly 28.00 feet, the northerly 30.00 feet and southerly 184.47 feet thereof; 5-7 1 Parcel 2: 2 The southerly 184.47 feet of that portion of the easterly 264.14 3 feet of the westerly 1A of the northeast % of the northeast % of the Section 28, Township 12 south, Range 4 west, San 4 Bernardino Meridian, in the County of San Diego, State of <. California, according to the official plat thereof, lying northerly of the northerly line of the southerly 15 acres of said 6 west Vz; 7 Excepting therefrom: 8 That portion of Section 28, Township 12 south, Range 4 west, g San Bernardino Meridian, in the City of Carlsbad, County of San Diego, California, described as follows: 10 Commencing at the northeast corner of said section; thence 11 south 00° 34' 18" west 111.22 feet along the east line of said section, thence south 72° 47' 00" west 389.27 feet to the beginning of a tangent curve concave southeasterly, having a 13 radius of 1651.00 feet; thence southwesterly along said curve 339.30 feet through a central angle of 11° 46' 30" to a point of 14 the easterly line of the land conveyed to Marvin and Margaret Penelope Porter by deed recorded September 3, 1986 as 15 Document No. 86-385614 of official records, being the south ., 184.47 feet of the east 264.14 feet of the north 5 acres of the west Vi of the northeast % of the northeast % of said section, a 17 radial line of said curve to said point bears north 28° 59' 30" west; said point also being the point of beginning of this IB description; thence continuing southwesterly along said curve 53.61 feet through central angle of 01° 51' 37" to a point on the northerly line of the south 15.00 acres of the west Vt of said 2Q northeast Vi of the northeast Vi; thence south 89° 03' 23" east along said northerly line of 46.21 feet to said easterly line of the 21 land herein described; thence north 00° 32' 47" east along said easterly line 27.50 feet to the point of beginning of this 22 description; 23 Parcel 3: 24 Lot 35, City of Carlsbad Tract No. CT 98-14-02, in the City of 25 Carlsbad, County of San Diego, State of California, according to map thereof No. 14773, filed in the Office of the County 26 Recorder of San Diego County, April 29, 2004, and Certificate 27 of Correction recorded September 14, 2006 as Instrument No. 2006-0655516 of official records 28 ("the Property"); and PCRESONO, 6615 -2- WHEREAS, said verified application constitutes a request for a General Plan 2 Amendment as shown on Exhibit "GPA 07-05" dated August 5, 2009, attached hereto and on 3 file in the Carlsbad Planning Department, TABATA RANCH - GPA 07-05, as provided in c Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code; 6 and 7 WHEREAS, the Planning Commission did, on August 5, 2009, hold a duly o noticed public hearing as prescribed by law to consider said request; and 9 WHEREAS, at said public hearing, upon hearing and considering all testimony 10 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. 13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 14 Commission of the City of Carlsbad, as follows: 15 A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 17 RECOMMENDS APPROVAL of TABATA RANCH - GPA 07-05, based on the following findings: 18 Findings; 2Q 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan based on the facts set forth in 21 the staff report dated August 5,2009 including, but not limited to the following: 22 a. Land Use - The existing General Plan Land Use designation for the site is ~_ Residential Medium Density (RM). The RM designation allows for the development of single-family, two-family, and/or multiple-family residential 24 dwellings within a density range of 4-8 dwelling units per acre (du/ac) with a Growth Management Control Point (GMCP) of 6 du/ac. The project site has a 25 net developable area of 2.9 acres. At the RM GMCP, the site would yield 17.4 dwelling units. However, development of the site in a manner that would 26 accommodate this number of dwelling units would 1) require a significant 27 amount of grading to the site, which would be inconsistent with the City's Hillside Development Regulations (C.M.C. Chapter 21.95), and 2) would require 28 a higher density residential product type (i.e., attached or multiple-family), which would not be as compatible with the existing surrounding single-family homes that are developed at RLM densities (0-4 du/ac) on lots ranging in size PCRESONO. 6615 -3- from 10,585 square feet to 30,150 square feet. Therefore, given the topographic 2 constraints of the site combined with the existing surrounding single-family residential projects that are developed at lower densities, the project applicant is 3 proposing to change the General Plan Land Use designation of the site from RM to Residential Low-Medium Density (RLM, 0-4 du/ac) and develop the property with more compatible single-family lots at a similar density as the surrounding single-family development. As such, the resultant project density is 1.7 du/ac, which is 12.4 dwelling units below the RM GMCP and 6.6 dwelling units below 6 the bottom of the RM density range, but within the RLM density range (0-4 du/ac) and below the RLM GMCP of 3.2 du/ac. 7 Pursuant to Government Code Section 65863, the City may not reduce the residential density on any parcel below that which was used by the California Department of Housing and Community Development in determining compliance with Housing Element law, unless the City makes the findings that 10 the reduction of residential density is consistent with the adopted General Plan, including the Housing Element, and that the remaining sites identified in the Housing Element are adequate to accommodate the City's share of the regional housing need pursuant to Government Code Section 65584. ] 3 The GMCP is used for the purpose of calculating the City's compliance with Government Code Section 65863. However, consistent with Program 3.8 of the 14 City's certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City's share of the regional housing needs that are not utilized by developers in approved projects, will be deposited into the ., City's Excess Dwelling Unit Bank. This project will deposit 12.4 dwelling units into the City's Excess Dwelling Unit Bank, and these excess dwelling units will 17 then be available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in IB the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. In addition, both the RLM and RM Land Use 20 designations have density ranges suitable for housing for above-moderate income households according to the City of Carlsbad's Housing Element. The 21 proposed project density at 1.7 du/ac is consistent with the proposed RLM (0-4 du/ac) General Plan Land Use designation. While the proposed General Plan 22 Land Use designation change from RM to RLM and the proposed subdivision will result in 12.4 dwelling units less than that anticipated by the Housing Element, the City has adequate land available in the above-moderate land use 24 density categories to adequately accommodate the City's share of the regional housing needs for the above-moderate income group pursuant to Government 25 Code Section 65584. b. Circulation - All roadways (including curb, gutter, and sidewalk) needed to serve ~- the development will be dedicated and constructed prior to, or concurrent with, site development. The proposed circulation system is designed to provide access 2g to each of the proposed lots and complies with all applicable City design standards. PCRESONO. 6615 -4- (cO c. Housing - The project has been conditioned to pay an affordable housing in-lieu 2 fee per lot in order to provide their proportional share of affordable housing. 3 d. Noise - An Acoustical Site Assessment was prepared for the project. According to the report, the project site is impacted by traffic noise originating from Poinsettia Lane. No exterior mitigation is required since all proposed noise sensitive areas will not exceed the residential exterior noise standard threshold of 60 dB(A) CNEL. However, the project has been conditioned in the form of 5 mitigation measures to require an interior noise analysis prior to the issuance of building permits for the construction of any future homes on Lots 3, 4, & 5 to 7 ensure compliance with the interior noise standard of 45 dB(A) CNEL. The Planning Commission of the City of Carlsbad does hereby find: 9 it has reviewed, analyzed, and considered Mitigated Negative Declaration and 10 Mitigation Monitoring and Reporting Program and Addendum for TABATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06- 11 15/CDP 06-22/HDP 06-05, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 14 Program and Addendum have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the 15 Environmental Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of 17 Carlsbad; and 18 d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 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;23 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 26 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this General Plan Amendment. PCRESONO. 6615 -5- Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the General Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. 3 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4 <. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 6 4. If any conditions for construction of any public improvements or facilities, or the 7 payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code ° Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 10 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 13 or indirectly, from (a) City's approval and issuance of this General Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or 14 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 15 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 17 approval is not validated. 18 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, ZC 06-04, SP 203(C), and LCPA 06-03 and is subject to all conditions contained in Planning 2Q Commission Resolutions No. 6614, 6616, 6617, and 6618 for those other approvals incorporated herein by reference. 21 7. Developer shall implement, or cause the implementation of, the TAB ATA RANCH - 22 GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 Project Mitigation Monitoring and Reporting Program. 24 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." 27 You have 90 days from date of approval to protest imposition of these fees/exactions. If you 28 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 PCRESONO. 6615 -6- 1 2 3 5 6 7 0o 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 project; NOR DOES IT APPLY to any fees/exactions of which you have in connection with this 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 August 5, 2009, by the following vote, to wit: AYES: Commissioners Boddy, Dominguez, Nygaard, and Chairperson Montgomery NOES: ABSENT: Commissioner Baker ABSTAIN: | _ ~*49 /U^"^-^^*n*\^ jr^^m ^Ji MARreBlfe. MONTGOl^IER V , CiJ^^erson CARLSBAD PLANNING COMMWRON ATTEST: /I ^A^) f\Cj <L~~ /( £</ vi, p»t^ D6N NE/U V -" Planning Director PCRESONO. 6615 -7- Douglas, L'Heureux, • Exhibit "GPA 07-05" August 5, 2009 GPA 07-05 Tabata Ranch EXISTING PROPOSED Related Case File No(s): ZC 06-04 / SP 203(C) / LCPA 06-03 / CT 06-15 / CDP 06-22 / HDP 06-05 General Plan Land Use Designation Changes Property A. B. C. 214-630-20 214-631-20 214-631-21 From: RM RM RM To: RLM RLM RLM 1 PLANNING COMMISSION RESOLUTION NO. 6616 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM RESIDENTIAL 4 DENSITY-MULTIPLE WITH A QUALIFIED DEVELOPMENT , OVERLAY (RD-M-Q) AND LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-l) ON A 2.9 ACRE SITE 6 GENERALLY LOCATED ON THE NORTH SIDE OF POINSETTIA LANE AT THE WESTERNMOST TERMINUS 7 OF LEMON LEAF DRIVE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL 8 FACILITIES MANAGEMENT ZONE 20. 9 CASE NAME: TABATA RANCH CASE NO: ZC 06-04 10 WHEREAS, Noboru & Evelyn Tabata, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as: 13 Parcel 1A: 14 That portion of the east 264.14 feet of the west % of the northeast % of the northeast % of Section 28, Township. 12 15 south, Range 4 west, San Bernardino Base and Meridian, in ,f the County of San Diego, State of California, according to official plat thereof, lying northerly of the north line of the 17 south 15 acres of said west Yi; 18 Excepting from the above east 264.14 feet of said land, the south 184.47 feet thereof; 2Q Also excepting the east 28.00 feet and the north 30.00 feet thereof; 21 Parcel IB: 22 The northerly 30.00 feet of the easterly 264.14 feet of the west Vi of the northeast % of the northeast % of Section 28, 24 Township 12 south, Range 4 west, San Bernardino Base and Meridian, in the County of San Diego, State of California, 25 according to United States Government Survey, together with that portion of the easterly 28.00 feet of said west 1A lying 2" northerly of the northerly line of the southerly 15.00 acres of 27 said west Vi; 28 Excepting from said easterly 28.00 feet, the northerly 30.00 feet and southerly 184.47 feet thereof; 1 Parcel 2: 2 The southerly 184.47 feet of that portion of the easterly 264.14 3 feet of the westerly Vi of the northeast % of the northeast % of the Section 28, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof, lying northerly of the northerly line of the southerly 15 acres of said west Yi', ~l Excepting therefrom: o That portion of Section 28, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, California, described as follows: 10 Commencing at the northeast corner of said section; thence south 00° 34' 18" west 111.22 feet along the east line of said section, thence south 72° 47' 00" west 389.27 feet to the beginning of a tangent curve concave southeasterly, having a 13 radius of 1651.00 feet; thence southwesterly along said curve 339.30 feet through a central angle of 11° 46' 30" to a point of 14 the easterly line of the land conveyed to Marvin and Margaret Penelope Porter by deed recorded September 3, 1986 as Document No. 86-385614 of official records, being the south 16 184.47 feet of the east 264.14 feet of the north 5 acres of the west Vz of the northeast % of the northeast % of said section, a 17 radial line of said curve to said point bears north 28° 59' 30" west; said point also being the point of beginning of this IB description; thence continuing southwesterly along said curve 53.61 feet through central angle of 01° 51' 37" to a point on the northerly line of the south 15.00 acres of the west Vi of said 2Q northeast % of the northeast %; thence south 89° 03' 23" east along said northerly line of 46.21 feet to said easterly line of the 21 land herein described; thence north 00° 32' 47" east along said easterly line 27.50 feet to the point of beginning of this 22 description; 23 Parcel 3: 24 Lot 35, City of Carlsbad Tract No. CT 98-14-02, in the City of 25 Carlsbad, County of San Diego, State of California, according to map thereof No. 14773, filed in the Office of the County 26 Recorder of San Diego County, April 29, 2004, and Certificate 27 of Correction recorded September 14, 2006 as Instrument No. 2006-0655516 of official records; 28 ("the property"); and PCRESONO. 6616 -2- WHEREAS, said application constitutes a request for a Zone Change as shown 2 on Exhibit "ZC 06-04" dated August 5, 2009, attached hereto and on file in the Planning 3 Department, TABATA RANCH - ZC 06-04, as provided by Chapter 21.52 of the Carlsbad 4 5 Municipal Code; and 6 WHEREAS, the proposed Zone Change is set forth in the draft City Council 7 Ordinance, Exhibit "X" dated, August 5, 2009, and attached hereto TABATA RANCH - ZC 8 06-04; and 9 WHEREAS, the Planning Commission did on August 5, 2009, hold a duly 10 noticed public hearing as prescribed by law to consider said request; and 11 WHEREAS, at said public hearing, upon hearing and considering all testimony 13 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 14 relating to the Zone Change. 15 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 17 A) That the foregoing recitations are true and correct. 18 B) That based on the evidence presented at the public hearing, the Commission 19 RECOMMENDS APPROVAL of TABATA RANCH - ZC 06-04, based on 20 the following findings: 21 Findings: 22 i That the proposed Zone Change from Residential Density-Multiple with a Qualified Development Overlay (RD-M-Q) and Limited Control (L-C) to One-Family Residential (R-l) is consistent with the goals and policies of the various elements of the 24 General Plan, in that the R-l zoning designation replaces the L-C Zone (which is intended to be an interim zoning designation) and the RD-M-Q Zone, and 25 implements the proposed Residential Low-Medium Density (RLM, 0-4 du/ac) General Plan designation and the proposed amended Zone 20 Specific Plan (SP 26 203(C)). 27 2. That the Zone Change will provide consistency between the General Plan and Zoning as 28 mandated by California state law and the City of Carlsbad General Plan Land Use Element, in that the zone designation shown on Exhibit "ZC 06-04" attached hereto, PCRESONO. 6616 -3-\n implements the proposed Residential Low-Medium Density (RLM, 0-4 du/ac) 2 General Plan designation. 3 3. That the Zone Change is consistent with the public convenience, necessity, and general welfare, and is consistent with sound planning principles in that the residential use 4 allowed by the proposed zone change is compatible with the adjacent residential , uses. 5 4. The Planning Commission of the City of Carlsbad does hereby find: 7 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for 8 TABATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06- 9 15/CDP 06-22/HDP 06-05, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of 10 the project; and 11 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the 13 Environmental Protection Procedures of the City of Carlsbad; and 14 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 15 ... d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 17 5. The Planning Commission has reviewed each of the exactions imposed on the Developer 18 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. 20 Conditions; 21 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 22 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 24 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 25 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 2° or a successor in interest by the City's approval of this Zone Change. 27 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 28 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 PCRESONO. 6616 -4- I/O occur substantially as shown on the approved Exhibits. Any proposed development, 2 different from this approval, shall require an amendment to this approval. 3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4 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 6 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 7 invalid unless the City Council determines that the project without the condition complies with all requirements of law.8 n 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 10 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Zone Change, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation 13 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 14 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. ., 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, GPA 07-05, SP 17 203(C), and LCPA 06-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6614, 6615, 6617, and 6618 for those other approvals 18 incorporated herein by reference. ' 7. Developer shall implement, or cause the implementation of, the TABATA RANCH - 20 GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 Project Mitigation Monitoring and Reporting Program. 21 " 22 23 24 25 •26 27 28 PCRESON0.6616 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on August 5, 2009, by the following vote, to wit: AYES: Commissioners Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery NOES: ABSENT: Commissioner Baker ABSTAIN: MARTELL B. MONTGOMERY,. CARLSBAD PLANNING COf ATTEST: irson SIGN D0N NE Planning Director PCRESONO. 6616 -6- 1D Exhibit "X" August 5, 2009 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF 3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE FROM 4 RESIDENTIAL DENSITY-MULTIPLE WITH A QUALIFIED DEVELOPMENT OVERLAY (RD-M-Q) AND LIMITED CONTROL 5 (L-C) TO ONE-FAMILY RESIDENTIAL (R-1) ON A 2.9 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE OF 6 POINSETTIA LANE AT THE WESTERNMOST TERMINUS OF LEMON LEAF DRIVE WITHIN THE MELLO II SEGMENT OF THE 7 LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 8 CASE NAME: TABATA RANCH CASE NO.: ZC 06-04 9 The City Council of the City of Carlsbad, California, does hereby resolve as 10 follows: 11 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the City's zoning map, is amended as shown on the map marked Exhibit "ZC 06-04," dated August 5, 2009 attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6616 constitute the findings and conditions of the 16 City Council. EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days after its adoption but not until Local Coastal Program Amendment LCPA 06-03 is approved by the California Coastal Commission, and the City Clerk shall certify to the adoption of this 70 ordinance and cause it to be published at least once in a publication of general circulation in the 91 City of Carlsbad within fifteen days after its adoption. 22 /// 23 /// 24 m 25 /// 26 /// 27 /// 28 -i. Exhibit "X" August 5, 2009 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 2 Council on the day of 2009, and thereafter. 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 4 Carlsbad on the day of 2009, by the following vote, to wit: 5 AYES: 6 NOES: 7 ABSENT: 8 9 10 CLAUDE A. LEWIS, Mayor ATTEST: 12 13 14 LORRAINE M. WOOD, City Clerk 15 (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- Exhibit "ZC 06-04" August 5, 2009 ZC 06-04 Tabata Ranch RD=M : 'v '€""''' fc . - v s EXISTING mrm '--" 1 ( R-1 ' S PROPOSED Related Case File No(s): GPA 07-05 / SP 203(C) / LCPA 06-03 / CT 06-1 5 / CDP 06-22 / HDP 06-05 Zoning Designation Changes Property A. B. C. 214-630-20 214-631-20 214-631-21 From: RD-M-Q L-C L-C To: R-1 R-1 R-1 1 PLANNING COMMISSION RESOLUTION NO. 6617 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 203(C) 4 TO CHANGE THE GENERAL PLAN LAND USE , DESIGNATION FROM RESIDENTIAL MEDIUM DENSITY (RM) TO RESIDENTIAL LOW-MEDIUM DENSITY (RLM) ON 6 A 2.9 ACRE SITE WITHIN PLANNING AREA "D" OF THE ZONE 20 SPECIFIC PLAN AND GENERALLY LOCATED ON 7 THE NORTH SIDE OF POINSETTIA LANE AT THE WESTERNMOST TERMINUS OF LEMON LEAF DRIVE 8 WITHIN THE MELLO II SEGMENT OF THE LOCAL o . COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 10 CASE NAME: TABATA RANCH CASE NO.: SP 203(Q 11 • WHEREAS, Noboru & Evelyn Tabata, "Developer/Owner," has filed a verified j 3 application with the City of Carlsbad regarding property described as: 14 Parcel 1A: 15 That portion of the east 264.14 feet of the west Yz of the 16 northeast % of the northeast % of Section 28, Township 12 south, Range 4 west, San Bernardino Base and Meridian, in 17 the County of San Diego, State of California, according to official plat thereof, lying northerly of the north line of the 18 south 15 acres of said west %; Excepting from the above east 264.14 feet of said land, the 2Q south 184.47 feet thereof; 21 Also excepting the east 28.00 feet and the north 30.00 feet thereof; 22 Parcel IB: 24 The northerly 30.00 feet of the easterly 264.14 feet of the west Yt of the northeast % of the northeast % of Section 28, 25 Township 12 south, Range 4 west, San Bernardino Base and Meridian, in the County of San Diego, State of California, 26 according to United States Government Survey, together with 27 that portion of the easterly 28.00 feet of said west 1A lying northerly of the northerly line of the southerly 15.00 acres of 28 said west '/z; Excepting from said easterly 28.00 feet, the northerly 30.00 feet and southerly 184.47 feet thereof; Parcel 2: 2 The southerly 184.47 feet of that portion of the easterly 264.14 3 feet of the westerly % of the northeast % of the northeast % of the Section 28, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of <• California, according to the official plat thereof, lying northerly of the northerly line of the southerly IS acres of said 6 west '/z; 7 Excepting therefrom; o That portion of Section 28, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, California, described as follows: 10 Commencing at the northeast corner of said section; thence 11 south 00° 34' 18" west 111.22 feet along the east line of said section, thence south 72° 47' 00" west 389.27 feet to the beginning of a tangent curve concave southeasterly, having a 13 radius of 1651.00 feet; thence southwesterly along said curve 339.30 feet through a central angle of 11° 46' 30" to a point of 14 the easterly line of the land conveyed to Marvin and Margaret Penelope Porter by deed recorded September 3, 1986 as Document No. 86-385614 of official records, being the south 16 184.47 feet of the east 264.14 feet of the north 5 acres of the west Vz of the northeast 1A of the northeast % of said section, a 17 radial line of said curve to said point bears north 28° 59' 30" west; said point also being the point of beginning of this IB description; thence continuing southwesterly along said curve 53.61 feet through central angle of 01° 51' 37" to a point on the northerly line of the south 15.00 acres of the west Vz of said 20 northeast % of the northeast %; thence south 89° 03' 23" east along said northerly line of 46.21 feet to said easterly line of the 21 land herein described; thence north 00° 32' 47" east along said easterly line 27.50 feet to the point of beginning of this 22 description; 23 Parcel 3: 24 Lot 35, City of Carlsbad Tract No. CT 98-14-02, in the City of 25 Carlsbad, County of San Diego, State of California, according to map thereof No. 14773, filed in the Office of the County 26 Recorder of San Diego County, April 29, 2004, and Certificate of Correction recorded September 14, 2006 as Instrument No. 2006-0655516 of official records 28 ("the Property"); and PCRESONO. 6617 -2- WHEREAS, said verified application constitutes a request for a Specific Plan 2 Amendment on file in the Carlsbad Planning Department, TABATA RANCH - SP 203(C) as 3 provided by SP 203(A) and Government Code Section 65453; and 4 WHEREAS, the proposed TABATA RANCH - SP 203(C) is set forth and 5 attached in the draft City Council Ordinance, Exhibit "Y" dated, August 5, 2009, and attached 7 hereto; and 8 WHEREAS, the Planning Commission did, on August 5, 2009, hold a duly 9 noticed public hearing as prescribed by law to consider said request; and 10 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors j 3 relating to the Specific Plan Amendment. 14 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 17 B) That based on the evidence presented at the public hearing, the Commission 18 RECOMMENDS APPROVAL of TABATA RANCH - SP 203(C) based on the following findings and subject to the following conditions: 20 Findings: 21 1. The proposed development as described by Specific Plan Amendment (SP 203(C)) is consistent with the provisions of the General Plan in that the General Plan Land Use 22 designation for the 2.9 acre project site within a portion of Planning Area D of the Zone 20 Specific Plan is amended to be consistent with the proposed amended General Plan Land Use designation of Residential Low-Medium Density (RLM, 0-4 24 du/ac), and is consistent with General Plan Residential Implementing Policies and Action Programs C.14 in that the amendment ensures that hillside development is 25 designed to preserve the visual quality of the pre-existing topography. 2. The proposed Specific Plan Amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the project, as identified in the Mitigated Negative Declaration, will not cause any significant impacts to the public, 2g health, safety, and welfare, and furthermore the proposed land use change to lower density residential on a topographically constrained property within Planning Area D of the Specific Plan still allows for the development of the constrained property PCRESONO. 6617 -3- with single-family dwellings on lots that are comparable in size to the existing 2 surrounding development and all required development standards and applicable design criteria required by the City of Carlsbad's Zoning Ordinance and the Zone 3 20 Specific Plan are incorporated into the project. 3. All necessary public facilities can be provided concurrent with need, and adequate - provisions have been provided to implement those portions of the capital improvement program applicable to the subject property in that the affects of the proposed land use 5 change to lower density residential on a topographically constrained property within Planning Area D of the Specific Plan results in less demand for public 7 facilities then were originally anticipated by the Specific Plan; and furthermore the project is served by existing streets (Lemon Leaf Drive and Lonicera Street), which operate at acceptable levels of service, and all other public facilities and infrastructure improvements are in place or are conditioned to be implemented concurrent with the development of the site consistent with the Zone 20 Local 10 Facilities Management Plan (LFMP). 4. The area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development in that the surrounding property is already developed with single-family residential uses. 13 5. Appropriate measures are proposed to mitigate any adverse environmental impact as 14 noted in the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for the project. ., 6. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for 18 TABATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06- 15/CDP 06-22/HDP 06-05, the environmental impacts therein identified for this 19 project and any comments thereon prior to RECOMMENDING APPROVAL of 2Q the project; and 21 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum have been prepared in accordance with requirements 22 of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 24 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 25 d. based on the EIA and comments thereon, there is no substantial evidence the 26 project will have a significant effect on the environment. 27 The Planning Commission has reviewed each of the exactions imposed on the Developer 28 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. PCRESONO. 6617 -4- Conditions; 2 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 3 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 4 revoke or modify all approvals herein granted; deny or further condition issuance of all - future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 6 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 7 or a successor in interest by the City's approval of this Specific Plan Amendment. o 2. Staff is authorized and directed to make, or require Developer to make, all corrections o and modifications to the Specific Plan Amendment document(s) necessary to make them internally consistent and in conformity with final action on the project. 10 Development shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval, 11 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. 13 4. If any condition for construction of any public improvements or facilities, or the payment 14 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 15 Section 66020. If any such condition is determined to be invalid, this approval shall be . f invalid unless the City Council determines that the project without the condition complies with all requirements of law. 17 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 18 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 20 or indirectly, from (a) City's approval and issuance of this Specific Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or 21 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 22 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 24 approval is not validated. 25 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to 2" that Plan prior to the issuance of building permits. 27 7. Prior to the issuance of any permits for the project, the applicant shall submit to the 2g Planning Director a digital copy and a camera-ready master copy of the Zone 20 Specific Plan SP 203(C), in addition to the required number of bound copies. PCRESONO. 6617 -5- < </O 8. This approval is granted subject to the approval of the Mitigated Negative Declaration 2 and Mitigation Monitoring and Reporting Program and Addendum, GPA 07-05, ZC 06-04, and LCPA 06-03 and is subject to all conditions contained in Planning 3 Commission Resolutions No. 6614, 6615, 6616, and 6618 for those other approvals incorporated herein by reference. , 9. Developer shall implement, or cause the implementation of, the TABATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 5 Project Mitigation Monitoring and Reporting Program. 7 NOTICE 8 Please take NOTICE that approval of your project includes the "imposition" of fees, 9 dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 10 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 12 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 13 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 15 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, 16 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 17 NOTICE similar to this, or as to which the statute of limitations has previously otherwise 18 expired. 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6617 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 5, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery Commissioner Baker MAKTECBB. MONTGOMERY, CARLSBAD PLANNING COMM ATTEST: DON NEU/ Planning Director PCRESONO.6617 -7- Exhibit "Y" August 5, 2009 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN AMENDMENT TO 3 THE ZONE 20 SPECIFIC PLAN (SP 203(C)) TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM 4 RESIDENTIAL MEDIUM DENSITY (RM) TO RESIDENTIAL LOW- MEDIUM DENSITY (RLM) ON A 2.9 ACRE SITE WITHIN 5 PLANNING AREA "D" OF THE ZONE 20 SPECIFIC PLAN AND GENERALLY LOCATED ON THE NORTH SIDE OF POINSETTIA 6 LANE AT THE WESTERNMOST TERMINUS OF LEMON LEAF DRIVE WITHIN THE MELLO II SEGMENT OF THE LOCAL 7 COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 8 CASE NAME: TABATA RANCH CASE NO.: SP 203(C) 9 The City Council of the City of Carlsbad, California, does ordain as follows: 10 WHEREAS, the Zone 20 Specific Plan was originally adopted by City Council Ordinance No. NS-257 on December 14, 1993 and has since been amended (SP 203(A)) and 12 contains the uses, development standards and design guidelines for the development of the subject property; and WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Specific Plan Amendment (SP 203(C)) for the Zone 20 Specific Plan; and16 WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said Specific Plan Amendment (SP 1 o 203(C)) be approved. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as _ follows: SECTION 1: That Specific Plan (SP 203(C)), on file in the Planning Department, and incorporated herein by reference, is adopted. The Zone 20 Specific Plan (SP 203(C)) shall constitute the development plan for the property and all development within the plan area shall conform to the plan. SECTION 2: That the Zone 20 Specific Plan (SP 203), as amended to date, and 27 further amended by Specific Plan Amendment 203(C), dated August 5, 2009, is approved. 28 /// 1 SECTION 3: That Specific Plan Amendment (SP 203(C)) replaces Exhibit 3 - 2 General Plan on Pg. 7 and text on Pg. 115 in the Zone 20 Specific Plan, as shown on Exhibits 3 "SP 203(C)" attached. 4 SECTION 4: That the findings and conditions of the Planning Commission in 5 Planning Commission Resolution No. 6617 shall constitute the findings and conditions of the 6 City Council. 7 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 8 adoption, but not until Local Coastal Program Amendment LCPA 06-03 is approved by the 9 California Coastal Commission, and the City Clerk shall certify to the adoption of this ordinance 1 0 and cause it to be published at least once in a publication of general circulation in the City of 1 1 Carlsbad within fifteen days after its adoption. 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// . ' 24 /// 25 /// 26 /// 27 /// 28 -2- 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 2 Council on the day of 2009, and thereafter. 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 4 Carlsbad on the day of 2009, by the following vote, to wit: 5 AYES: 6 NOES: 7 ABSENT: 8 ABSTAIN: 9 10 APPROVED AS TO FORM AND LEGALITY 11 12 RONALD R. BALL, City Attorney 13 14 CLAUDE A. LEWIS, Mayor 16 ATTEST: 17 18 LORRAINE M. WOOD, City Clerk 19 (SEAL) 20 21 22 23 24 25 26 27 28 -3- 0 Exhibit "SP 203(C)" August 5, 2009 Legend RIM OS Residential Law Density (0-l.5du/ac) Residential Low-Medium Dvncty Ficsdential Medium Density (4-Sdufcc) Open Space Proposed School Note: Planned Industrial 1995 Noise Contours Sourcv: (Meto Contour) Pr»p«f«rt tor: 5*n Dl«go County KPUC, Ptto Uwwick (M«y. • Exhibit SPcFIC PLAN Exhibit "SP 203(C)" August 5, 2009 intersection. Although below the City's intersection spacing standards, this location is fixed by the existing intersection of Poinsettia Lane and Snapdragon Drive. This is "T" intersection providing access only to the properties to the south of Poinsettia. Properties on the north side of Poinsettia will be accessed through street connections off of the extension of Camino de las Ondas. This arrangement will eliminate major grading and slope construction for property which can logically be served by alternate routes. Planning Area D is surrounded on two sides by existing residential development. There are attached multi-family developments to the west and detached single family dwellings to the south. Future development within Planning Area D should be planned to be compatible with these surrounding land uses. Planning Area D is composed of the following eleven parcels: Planning Area D Ownership Owner Engler Engler Mendivil Tabata Tabata Tabata Thompson Thompson Weidner APN 214-170-58 214-170-59 214-170-73 214-170-72 214-170-74 214-170-54 214-140-75 214-170-47 214-170-46 Acreage 2.16 1.65 7.13 1.10 21.22 1.30 7.50 5.00 5.40 Current Land Use Vacant Vacant Vacant Vacant Agric. SFR Vacant Greenhouse SFR General Plan Designation RM RM RM RM RLM RLM RM/RLM RM/RLM RM/RLM 2. Land Use Designations a. General Plan Planning Area D is composed of two General Plan Land Use Designations: RLM (Residential Low-Medium Density, 0-4 du/acre) on the east side of the Planning Area and RM (Residential Medium Density, 4-8 du/acre) on the west side. The ridge line, which generally follows property lines, serves as the dividing line for land use designations with the exception of a 2.9 acre area generally located north of Poinsettia Lane and west of the ridge, which shall have a General Plan Land Use designation of RLM where topographic constraints justify development at a lower density (see Exhibit 3 - General Plan, Page 7). May 1993 115 Zone 20 Specific Plan 1 PLANNING COMMISSION RESOLUTION NO. 6618 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM 4 AMENDMENT TO CHANGE THE LOCAL COASTAL <- PROGRAM LAND USE DESIGNATION FROM RESIDENTIAL MEDIUM DENSITY (RM, 4-8 DU/AC) TO RESIDENTIAL 6 LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) AND TO CHANGE THE LOCAL COASTAL PROGRAM ZONING 7 DESIGNATION FROM RESIDENTIAL DENSITY-MULTIPLE WITH A QUALIFIED DEVELOPMENT OVERLAY (RD-M-Q) 8 AND LIMITED CONTROL (L-C) TO ONE-FAMILY 9 RESIDENTIAL (R-l), BRINGING THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND 10 ZONING MAP INTO CONFORMANCE ON A 2.9 ACRE SITE GENERALLY LOCATED ON THE NORTH SIDE OF 11 POINSETTIA LANE AT THE WESTERNMOST TERMINUS OF LEMON LEAF DRIVE WITHIN THE MELLO II SEGMENT 12 OF THE LOCAL COASTAL PROGRAM AND LOCAL ! 3 FACILITIES MANAGEMENT ZONE 20. CASE NAME: TABATA RANCH 14 CASE NO: LCPA 06-03 15 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 17 WHEREAS, Noboru & Evelyn Tabata, "Developer/Owner," has filed a verified 18 application for an amendment to the Local Coastal Program designations regarding property 20 described as: 21 Parcel 1A: 22 That portion of the east 264.14 feet of the west Yi of the northeast % of the northeast % of Section 28, Township 12 south, Range 4 west, San Bernardino Base and Meridian, in 24 the County of San Diego, State of California, according to official plat thereof, lying northerly of the north line of the 25 south 15 acres of said west %; 2" Excepting from the above east 264.14 feet of said land, the 27 south 184.47 feet thereof; 28 Also excepting the east 28.00 feet and the north 30.00 feet thereof; 1 Parcel IB: 2 The northerly 30.00 feet of the easterly 264.14 feet of the west 3 Vi of the northeast % of the northeast Vi of Section 28, Township 12 south, Range 4 west, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey, together with that portion of the easterly 28.00 feet of said west Vt lying 6 northerly of the northerly line of the southerly 15.00 acres of said west'/»; 7 Excepting from said easterly 28.00 feet, the northerly 30.00 feet 8 and southerly 184.47 feet thereof; 9 Parcel 2: 10 The southerly 184.47 feet of that portion of the easterly 264.14 feet of the westerly % of the northeast 1A of the northeast % of .~ the Section 28, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of 13 California, according to the official plat thereof, lying northerly of the northerly line of the southerly 15 acres of said 14 west'/i; ^ Excepting therefrom; That portion of Section 28, Township 12 south, Range 4 west, 17 San Bernardino Meridian, in the City of Carlsbad, County of San Diego, California, described as follows: 18 Commencing at the northeast corner of said section; thence south 00° 34' 18" west 111.22 feet along the east line of said 2Q section, thence south 72° 47' 00" west 389.27 feet to the beginning of a tangent curve concave southeasterly, having a 21 radius of 1651.00 feet; thence southwesterly along said curve 339.30 feet through a central angle of 11° 46' 30" to a point of the easterly line of the land conveyed to Marvin and Margaret __ Penelope Porter by deed recorded September 3, 1986 as Document No. 86-385614 of official records, being the south 24 184.47 feet of the east 264.14 feet of the north 5 acres of the west Vi of the northeast % of the northeast % of said section, a 25 radial line of said curve to said point bears north 28° 59' 30" west; said point also being the point of beginning of this " description; thence continuing southwesterly along said curve 27 53.61 feet through central angle of 01° 51' 37" to a point on the northerly line of the south 15.00 acres of the west 1A of said 28 northeast Y» of the northeast %; thence south 89° 03' 23" east along said northerly line of 46.21 feet to said easterly line of the land herein described; thence north 00° 32' 47" east along said PCRESONO. 6618 -2- easterly line 27.50 feet to the point of beginning of this 2 description; 3 Parcel 3: 4 Lot 35, City of Carlsbad Tract No. CT 98-14-02, in the City of - Carlsbad, County of San Diego, State of California, according to map thereof No. 14773, filed in the Office of the County 6 Recorder of San Diego County, April 29, 2004, and Certificate of Correction recorded September 14, 2006 as Instrument No. 7 2006-0655516 of official records 8 ("the Property"); and 9 WHEREAS, said verified application constitutes a request for a Local Coastal 10 Program Amendment as shown on Exhibit "LCPA 06-03" dated August 5, 2009, attached hereto, as provided in Public Resources Code Section 30514 and Section 13551 of California 13 Code of Regulations Title 14, Division 5.5; and 14 WHEREAS, the Planning Commission did on August 5, 2009, hold a duly 15 noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 17 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 18 relating to the Local Coastal Program Amendment; and 2Q WHEREAS, State Coastal Guidelines requires a six-week public review period 21 for any amendment to the Local Coastal Program. 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 23 Commission of the City of Carlsbad, as follows: 24 A) That the foregoing recitations are true and correct. 25 B) At the end of the State-mandated six-week review period, starting on April 10, 26 2009 and ending on May 22, 2009, staff shall present to the City Council a „„ summary of the comments received, if any. 28 C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of TABATA RANCH - LCPA 06-03 based on the following findings, and subject to the following conditions: PCRESONO. 6618 -3- Findings; 2 1, That the proposed Local Coastal Program Amendment meets the requirements of, and is 3 in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello II segment of the Carlsbad Local Coastal Program not being amended by 4 this amendment, in that the proposed Local Coastal Program RLM land use designation and R-l zoning designation is consistent with the proposed Residential Low-Medium Density (RLM, 0-4 du/ac) General Plan Land Use designation and the One-Family Residential (R-l) zoning designation; the development does not obstruct public views of the coastline as seen from public lands or rights-of-way; the project has been conditioned to comply with erosion and storm water control measures; no sensitive resources, public access areas or water oriented recreational activities exist on or near the site; and the site is located 1.3 miles from the Batiquitos Lagoon and the Pacific Ocean and no coastal access areas or water- oriented recreational activities exist on or near the site; and the project is required 10 to provide drainage and erosion control measures. 11 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required to bring the property's Local Coastal Program Land Use and 12 Zoning designations into consistency with the City's General Plan Land Use and Zoning designations. 3. The Planning Commission of the City of Carlsbad does hereby find: 15 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for 16 TABATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06- 15/CDP 06-22/HDP 06-05, the environmental impacts therein identified for this 17 project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and 19 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum have been prepared in accordance with requirements 20 of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 22 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 23 d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 25 4. The Planning Commission has reviewed each of the exactions imposed on the Developer 26 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 27 degree of the exaction is in rough proportionality to the impact caused by the project. 28 PCRESONO. 6618 -4- Conditions; 2 If any of the following conditions fail to occur, or if they are, by their terms, to be 3 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all , future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 6 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 7 or a successor in interest by the City's approval of this Local Coastal Program Amendment.8 q 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Local Coastal Program Amendment documents, as necessary 10 to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 12 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 13 regulations in effect at the time of building permit issuance. 14 4, If any conditions for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code , Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies 17 with all requirements of law, 18 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 2Q and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Local Coastal Program 21 Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 22 (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 24 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 25 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, GPA 07-05, ZC 06-04, and SP 203(C) and is subject to all conditions contained in Planning Commission Resolutions No. 6614, 6615, 6616, and 6617 for those other approvals 28 incorporated herein by reference. PCRESONO. 6618 -5- 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 7. Developer shall implement, or cause the implementation of, the TABATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 Project Mitigation Monitoring and Reporting Program. PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on August 5, 2009, by the following vote, to wit: AYES: Commissioners Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery NOES: ABSENT: Commissioner Baker ABSTAIN: MARTY BTMONTGO CARLSBAD PLANN ATTEST: DONNEU Planning Director PCRESONO. 6618 -6- Exhibit "LCPA 06-03 August 5, 2009 LCPA 06-03 (Land Use)Tabata Ranch EXISTING PROPOSED Related Case File No(s): GPA 07-05 / ZC 06-04 / SP 203(C) / CT 06-15 / CDP 06-22 / HDP 06-05 LCPA Land Use Designation Changes Property A. B. C. 214-630-20 214-631-20 214-631-21 From: RM RM RM To: RLM RLM RLM Exhibit "LCPA 06-03" August 5, 2009 LCPA 06-03 (Zoning)Tabata Ranch EXISTING PROPOSED Related Case File No(s): GPA 07-05 / ZC 06-04 / SP 203(C) / CT 06-15 / CDP 06-22 / HDP 06-05 LCPA Zoning Designation Changes Property A. B. C. 214-630-20 214-631-20 214-631-21 From: RD-M-Q L-C L-C To: R-1 R-1 R-1 PLANNING COMMISSION RESOLUTION NO. 6619 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 06-15 TO SUBDIVIDE 2.9 ACRES 3 INTO EIGHT LOTS (5 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS) ON PROPERTY GENERALLY LOCATED ON 4 THE NORTH SIDE OF POINSETTIA LANE AT THE WESTERNMOST TERMINUS OF LEMON LEAF DRIVE WITHIN THE MELLO II SEGMENT OF THE LOCAL 6 COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 7 CASE NAME: TABATA RANCH CASE NO.: CT06-158 9 WHEREAS, Noboru & Evelyn Tabata, "Developer/Owner," has filed a verified 10 application with the City of Carlsbad regarding property described as: Parcel 1A: 12 That portion of the east 264.14 feet of the west '/2 of the northeast % of the northeast Vi of Section 28, Township 12 south, Range 4 west, San Bernardino Base and Meridian, in 14 the County of San Diego, State of California, according to official plat thereof, lying northerly of the north line of the south 15 acres of said west '/i; Excepting from the above east 264.14 feet of said land, the 17 south 184.47 feet thereof; 18 Also excepting the east 28.00 feet and the north 30.00 feet thereof; 20 Parcel IB: 21 The northerly 30.00 feet of the easterly 264.14 feet of the west Vi of the northeast % of the northeast % of Section 28, Township 12 south, Range 4 west, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey, together with 24 that portion of the easterly 28.00 feet of said west 1A lying northerly of the northerly line of the southerly 15.00 acres of 25 said west 26 Excepting from said easterly 28.00 feet, the northerly 30.00 feet 27 and southerly 184.47 feet thereof; 28 Parcel 2: The southerly 184.47 feet of that portion of the easterly 264.14 feet of the westerly Vi of the northeast % of the northeast Vi of the Section 28, Township 12 south, Range 4 west, San 2 Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof, lying 3 northerly of the northerly line of the southerly 15 acres of said west l/i\ 5 Excepting therefrom; 6 That portion of Section 28, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of 7 San Diego, California, described as follows: o Commencing at the northeast corner of said section; thence 9 south 00° 34' 18" west 111.22 feet along the east line of said section, thence south 72° 47' 00" west 389.27 feet to the 10 beginning of a tangent curve concave southeasterly, having a radius of 1651.00 feet; thence southwesterly along said curve 339.30 feet through a central angle of 11° 46' 30" to a point of . the easterly line of the land conveyed to Marvin and Margaret Penelope Porter by deed recorded September 3, 1986 as 13 Document No. 86-385614 of official records, being the south 184.47 feet of the east 264.14 feet of the north 5 acres of the 14 west'/i of the northeast % of the northeast % of said section, a radial line of said curve to said point bears north 28° 59' 30" west; said point also being the point of beginning of this description; thence continuing southwesterly along said curve 53.61 feet through central angle of 01° 51' 37" to a point on the 17 northerly line of the south 15.00 acres of the west Yi of said northeast % of the northeast %; thence south 89° 03' 23" east 18 along said northerly line of 46.21 feet to said easterly line of the land herein described; thence north 00° 32' 47" east along said easterly line 27.50 feet to the point of beginning of this 20 description; 21 Parcel3: 22 Lot 35, City of Carlsbad Tract No. CT 98-14-02, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14773, filed in the Office of the County 24 Recorder of San Diego County, April 29, 2004, and Certificate of Correction recorded September 14, 2006 as Instrument No. 25 2006-0655516 of official records 26 ("the Property"); and 27 WHEREAS, said verified application constitutes a request for a Tentative Tract 28 Map as shown on Exhibits "A" - "I" dated August 5, 2009, on file in the Planning Department PCRESONO. 6619 -2- 1 TABTATA RANCH - CT 06-15, as.provided by Chapter 20.12 of the Carlsbad Municipal 2 Code; and 3 WHEREAS, the Planning Commission did, on August 5, 2009, hold a duly 4 5 noticed public hearing as prescribed by law to consider said request; and 6 WHEREAS, at said public hearing, upon hearing and considering all testimony 7 and arguments, if any, of persons desiring to be heard, said Commission considered all factors o0 relating to the Tentative Tract Map. 9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 10 Commission of the City of Carlsbad as follows: 11 A) That the foregoing recitations are true and correct. 13 B) That based on the evidence presented at the public hearing, the Commission APPROVES TABATA RANCH - CT 06-15, based on the following findings 14 and subject to the following conditions: Findings; 1. That the proposed map and the proposed design and improvement of the subdivision as 17 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 18 Subdivision Map Act, and will not cause serious public health problems, in that the project implements the goals and policies of the General Plan as discussed in the staff report; is consistent with all the minimum requirements of Titles 20 and 21 20 governing lot size and configuration; and the project has been designed to comply with all applicable City regulations, including the Zone 20 Specific Plan. 21 2. That the proposed project is compatible with the surrounding future land uses since 22 surrounding properties are designated for residential development on the General Plan, and are developed with detached single-family residential development of comparable densities and lot sizes. 24 3. That the site is physically suitable for the type and density of the development since the 25 site is adequate in size and shape to accommodate residential development at the density proposed, in that all required development standards and design criteria required by 26 the applicable zoning ordinances are incorporated into the project without the need 27 for variances from development standards. 28 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in PCRESONO. 6619 -3- that concurrent with recordation of the final map, the developer will vacate and 2 adjust any easements that conflict with proposed development. 3 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 4 , 6. 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 6 against the public service needs of the City and available fiscal and environmental resources. 7 7. 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 the 2.9-acre project site is considered extensively disturbed and is surrounded on all sides by urban development; the site is identified by the City of 10 Carlsbad's Habitat Management Plan (HMP) as "Development Area", and is not located adjacent to or near any "Standards Area" or "Existing/Proposed Hardline Preserve Areas"; the site does not support any native or wetland habitats as identified by the City of Carlsbad's HMP, and no natural drainage areas were observed on the project site or within the vicinity. 8. That the discharge of waste from the subdivision will not result in violation of existing 14 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with City's Stormwater regulations. It has been conditioned to implement Best Management Practices for water quality protection, ., to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California 17 Regional Water Quality Control Board and with the City of Carlsbad Municipal Code. 18 9. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated August 5, 2009 including, but not limited to the following: 21 a. Land Use - The existing General Plan Land Use designation for the site is Residential Medium Density (RM). The RM designation allows for the 22 development of single-family, two-family, and/or multiple-family residential dwellings within a density range of 4-8 dwelling units per acre (du/ac) with a Growth Management Control Point (GMCP) of 6 du/ac. The project site has a 24 net developable area of 2.9 acres. At the RM GMCP, the site would yield 17.4 dwelling units. However, development of the site in a manner that would 25 accommodate this number of dwelling units would 1) require a significant amount of grading to the site, which would be inconsistent with the City's 26 Hillside Development Regulations (C.M.C. Chapter 21.95), and 2) would require a higher density residential product type (i.e., attached or multiple-family), which would not be as compatible with the existing surrounding single-family 28 homes that are developed at RLM densities (0-4 du/ac) on lots ranging in size from 10,585 square feet to 30,150 square feet. Therefore, given the topographic constraints of the site combined with the existing surrounding single-family PCRESONO. 6619 -4- residential projects that are developed at lower densities, the project applicant is 2 proposing to change the General Plan Land Use designation of the site from RM to Residential Low-Medium Density (RLM, 0-4 du/ac) and develop the property 3 with more compatible single-family lots at a similar density as the surrounding single-family development. As such, the resultant project density is 1.7 du/ac, which is 12.4 dwelling units below the RM GMCP and 6.6 dwelling units below c the bottom of the RM density range, but within the RLM density range (0-4 du/ac) and below the RLM GMCP of 3.2 du/ac. 6 Pursuant to Government Code Section 65863, the City may not reduce the residential density on any parcel below that which was used by the California Department of Housing and Community Development in determining compliance with Housing Element law, unless the City makes the findings that the reduction of residential density is consistent with the adopted General Plan, including the Housing Element, and that the remaining sites identified in the 10 Housing Element are adequate to accommodate the City's share of the regional housing need pursuant to Government Code Section 65584. The GMCP is used for the purpose of calculating the City's compliance with Government Code Section 65863. However, consistent with Program 3.8 of the 13 City's certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City's share of the regional housing needs that 14 are not utilized by developers in approved projects, will be deposited into the City's Excess Dwelling Unit Bank. This project will deposit 12.4 dwelling units into the City's Excess Dwelling Unit Bank, and these excess dwelling units will then be available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in 17 the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the IB regional housing need. In addition, both the RLM and RM Land Use designations have density ranges suitable for housing for above-moderate income households according to the City of Carlsbad's Housing Element. The 2Q proposed project density at 1.7 du/ac is consistent with the proposed RLM (0-4 du/ac) General Plan Land Use designation. While the proposed General Plan 21 Land Use designation change from RM to RLM and the proposed subdivision will result in 12.4 dwelling units less than that anticipated by the Housing 22 Element, the City has adequate land available in the above-moderate land use »~ density categories to adequately accommodate the City's share of the regional housing needs for the above-moderate income group pursuant to Government 24 Code Section 65584. 25 b. Circulation - All roadways (including curb, gutter, and sidewalk) needed to serve the development will be dedicated and constructed prior to, or concurrent with, site development. The proposed circulation system is designed to provide access 27 to each of the proposed lots and complies with all applicable City design standards. 28 c. Housing - The project has been conditioned to pay an affordable housing in-lieu fee per lot in order to provide their proportional share of affordable housing. PCRESONO. 6619 -5- q- d. Noise - An Acoustical Site Assessment was prepared for the project. According 2 to the report, the project site is impacted by traffic noise originating from Poinsettia Lane. No exterior mitigation is required since all proposed noise 3 sensitive areas will not exceed the residential exterior noise standard threshold of 60 dB(A) CNEL. However, the project has been conditioned in the form of mitigation measures to require an interior noise analysis prior to the issuance of <- building permits for the construction of any future homes on Lots 3, 4, & 5 to ensure compliance with the interior noise standard of 45 dB(A) CNEL. 6 10. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 7 Facilities Management Plan for Zone 20 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 10 project will be installed to serve new development prior to or concurrent with need. Specifically, 11 a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for j., school facilities. 14 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. 15 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. 11. The project has been conditioned to pay any increase in public facility fee, or new 18 construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 2i 12. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. 22 13. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the Growth Management 25 performance standards are contained within the Zone 20 LFMP and the project will comply with the general and special conditions of the zone, and that there have been 26 previous developments approved in the Zone 20 Specific Plan that have provided the necessary infrastructure to serve the project. 2g 14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14,28.020 and Landscape Manual Section I B). PCRESONO. 6619 -6- 15. The Planning Commission hereby finds that all development in Carlsbad benefits from 2 the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and 3 provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the 6 preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in 7 turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's ° Habitat Management Plan. 9 16. The Planning Commission of the City of Carlsbad does hereby find: 10 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for TABATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06- 15/CDP 06-22/HDP 06-05, the environmental impacts therein identified for this 13 project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and 14 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum have been prepared in accordance with requirements .,. of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 17 c. it reflects the independent judgment of the Planning Commission of the City of 18 Carlsbad; and d. based on the EIA and comments thereon, there is no substantial evidence the 2Q project will have a significant effect on the environment. 21 17. 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 22 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. 24 Conditions; 25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or recordation of a final map, whichever occurs first. 26 27 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 28 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 PCRESONO. 6619 -7- \DU issued under the authority of approvals herein granted; record a notice of violation on the 2 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 3 or a successor in interest by the City's approval of this Tentative Tract Map. "* 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 6 shall occur substantially as shown on the approved Exhibits. Any proposed 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. 9 4. If any condition for construction of any public improvements or facilities, or the payment 10 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 11 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. 13 5. Developer shall implement, or cause the implementation of, the TAB ATA RANCH - 14 GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 Project Mitigation Monitoring and Reporting Program. . 10 ,, 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 17 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 18 or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 2Q (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 21 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 22 approval is not validated. 23 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 24 the Tentative Map reflecting the conditions approved by the final decision-making body. 25 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its 26 obligation to provide school facilities. 27 9. This project shall comply with all conditions and mitigation measures which are required 28 as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. PCRESONO. 6619 -8- 10. This approval is granted subject to the approval of the Mitigated Negative Declaration 2 and Mitigation Monitoring and Reporting Program and Addendum, GPA 07-05, ZC 06-04, SP 203(C), LCPA 06-03, CDP 06-22, and HDP 06-05 and is subject to all 3 conditions contained in Planning Commission Resolutions No. 6614, 6615, 6616, 6617, 6618,6620, and 6621 for those other approvals incorporated herein by reference.4 , 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 6 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 7 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map.8 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 10 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 20, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 13 13. Developer shall report, in writing, to the Planning Director within 30 days, any address 14 change from that which is shown on the permit application. 14. 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 interested ] 7 parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map by Resolution No. 6619 on the property. Said Notice of Restriction shall note the 18 property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record 2Q an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 21 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and 22 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 24 thriving condition, free from weeds, trash, and debris. 25 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. 27 17. Developer shall establish a homeowner's association and corresponding covenants, 28 conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the PCRESON0.6619 -9- official CC&Rs that have been approved by the Department of Real Estate and the 2 Planning Director. At a minimum, the CC&Rs shall contain the following provisions: 3 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the 6 City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City 7 within 30 days for the official record. o c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the 10 City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the 14 period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City. In the event the City has performed the 17 necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the 18 City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in 2Q full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and 21 payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, 22 payment shall be deemed delinquent and shall be subject to a late charge in an „ amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at 24 law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special 25 assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special 27 assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot 28 and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. PCRESONO. 6619 -10- e. Landscape Maintenance Responsibilities. The owners association and individual lot 2 or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit _ 3 f. Aircraft Noise Disclosure: Disclosure shall be included that this property is subject to overflight, sight, and sound of aircraft operating from McClellan- c Palomar Airport. 6 g. Recreational Vehicle (RV) Storage: The storage of RV's shall be prohibited within the required front yard setback. 7 18. 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 a amount in effect at the time, as established by City Council Resolution from time to time. 10 19. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City 13 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 14 determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to . , recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with 17 the City's Habitat Management Plan (HMP) and the biological study (e2M, dated March 6, 2008), for impacts to 0.9 acres of Group-F habitat (i.e., Disturbed Lands). 18 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. 20 20. Developer shall submit a street name list consistent with the City's street name policy 21 subject to the Planning Director's approval prior to final map approval. 22 21. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, 24 then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the 25 existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the 27 fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 28 22. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property PCRESONO. 6619 -11- may be subject to noise impacts from the existing Poinsettia Lane Transportation 2 Corridor, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #1 on file in the Planning Department). 3 23. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property c is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney 6 (see Noise Form #2 on file in the Planning Department). 7 24. Developer shall provide a minimum of 25 percent of the lots (2 Lots) with adequate sideyard area for Recreational Vehicle storage pursuant to City Standards and the Zone 20 Specific Plan. The CC&Rs shall prohibit the storage of recreational vehicles in the required front yard setback. 10 25. Developer shall dedicate, on the final map, an open space easement for those portions of Lots 6, 7, and 8 which are (in slopes, wetlands, coastal sage scrub, or other constrained land plus all other lands set aside as part of the Citywide Open Space System) to prohibit „ any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, as shown on Exhibit(s) "A" - 1 3 "I" dated August 5, 2009. 14 Engineering; 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 or grading permit, whichever occurs first. 17 General 18 26. 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 2Q for the proposed haul route. 21 27. 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 22 determined that adequate water and sewer facilities are available at the time of permit issuance. «. 28. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared 25 private improvements within this subdivision, including but not limited to private water quality treatment measures, low impact development features, storm drain facilities, 26 landscaping, landscape irrigation facilities, etc. located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 28 29. There shall be one Final Map recorded for this project. PCRESONO. 6619 -12- 30. Developer shall install sight distance corridors at all street intersections and driveways in 2 accordance with City Engineering Standards. 3 Fees/Agreements 31. 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. 6 32. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. 7 33. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent 10 Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a finalmap, whichever occurs first for this Project. 34. 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: 14 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 property owner; and C. State that all future use of the property along the drainage course will not restrict, 17 impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 18 35. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final 2Q map for this project, Developer shall cause Owner to execute an Agreement to annex the subject property into City of SL&LD #2. The Agreement shall be in a form approved by 21 the Assistant City Finance Director. Developer shall pay all fees necessary to annex the property into SL&LD #2. 22 Grading 24 36. 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 25 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.26 27 37. 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 28 post security per City Code requirements, 38. This project may require off site grading. No grading for private improvements shall PCRESONO. 6619 -13- occur outside the project unless Developer obtains, records, and submits a recorded copy, 2 to the City Engineer, a temporary grading, construction or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the temporary 3 grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the 4 plans so grading will not occur outside the project and apply for and obtain a finding of , substantial conformance and/or consistency determination from both the City Engineer and Planning Director. 6 39. Developer shall comply with the City's Stormwater Regulations, latest version, and shall 7 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 silt runoff during construction, general housekeeping practices, pollution prevention and o educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to Stormwater, receiving water or 10 Stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 40. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board. 13 41. Prior to the issuance of grading permit or building permit, whichever occurs first, 14 Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements 15 and provisions established by the San Diego Region of the California Regional Water 16 Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant 17 runoff during construction of the project. 18 42. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 19 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego 2Q Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. 21 43. Developer shall incorporate Low Impact Development (LID) design techniques, on all 22 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 drainage channels, minimizing impervious surfaces, promoting infiltration and 24 evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook 25 (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the 2° volume, peak flow rate, velocity and pollutants. 27 44. Developer shall submit documentation, subject to City Engineer approval, demonstrating 28 how this project complies with Interim Hydromodification requirements per the City's SUSMP, latest version. Documentation shall be included within the Storm Water Management Plan (SWMP). PCRESONO. 6619 -14- \r 45. Developer shall comply with San Diego Regional Water Quality Control Board 2 Resolution R9-2007-0104 regarding off-site disposal of soil. This requirement shall be noted on the grading plan. 3 Dedications/Improvements , 46. Developer shall cause Owner to submit to the City Engineer for recordation a covenant of easement for private sewer and drainage purposes as shown on the tentative map. Developer shall pay processing fees per the City's latest fee schedule. 7 47. Developer shall cause Owner to make an application to the City for the acceptance of a portion of the existing Irrevocable Offer of Dedication per Map 14773 as shown on the tentative map. The acceptance shall be made by a certificate on the final 9 map. AH land so accepted shall be free and clear of all liens and encumbrances and without cost to the City. Additional easements may be required at final design to 10 the satisfaction of the City Engineer. 11 48. Developer shall cause the Owner to make an application to the City for the vacation of a portion of the existing slope, landscape, landscape irrigation, and maintenance easements along and adjacent to Poinsettia Lane, as shown on the tentative map to 13 the satisfaction of the City Engineer. The value of the easement area to be vacated by the City shall be determined in a manner satisfactory to the City Engineer, and 14 shall be paid by the developer. 49. Developer shall cause Owner to dedicate easements to the City and/or other appropriate ., entities for the public street, public utility, and public drainage purposes as shown on the tentative map. The offer shall be made by a certificate on the final map. All land so 17 offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Additional easements 18 may be required at final design to the satisfaction of the City Engineer. 50. 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 and larger) shall be inspected by the City. Developer shall pay the standard improvement 21 plan check and inspection fees for private drainage systems. 22 51. Developer shall prepare and process public improvement plans and, prior to City Engineer approval of said plans, shall execute a City standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 24 for public improvements shown on the tentative map. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. These improvements 25 include, but are not limited to: 26 A. Street improvements. B. Water facilities C. Sewer facilities 2g D. Reclaimed water facilities. E. Storm drain facilities F. Street lights PCRESONO. 6619 -15- L' 0 Developer shall pay the standard improvement plan check and inspection fees. 2 Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in 3 said agreement. 52. Developer shall cause Owner to waive direct access rights on the final, map for all lots abutting Poinsettia Lane. 53. Developer shall provide all-weather maintenance access roads to the public drainage facilities (e.g.: headwalls, rip-rap field, etc.) and to public water facilities (e.g.: lines, 7 valves, air vents, etc.) for this project to the satisfaction of the City Engineer. Where maintenance access roads are not practical and/or permitted, Developer shall incorporate ° low-maintenance design features to the satisfaction of the City Engineer. 9 Non-Mapping Notes 10 54. Add the following notes to the final map as non-mapping data: 11 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 j 3 improvements shown on the tentative map. These improvements include, but are not limited to: 14 1) Street improvements 15 2) Water facilities 3) Sewer facilities 4) Reclaimed water facilities 17 5) Storm drain facilities 6) Streetlights 18 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. 20 C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted 21 to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. 22 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 24 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 25 drainage system or other improvements identified in the City approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the City approved development plans. 27 Utilities 28 55. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire PCRESONO. 6619 -16- hydrants, if proposed, shall be considered public improvements and shall be served by 2 public water mains to the satisfaction of the District Engineer. 3 56. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District or City Engineer, wider easements may be required for <- adequate maintenance, access and/or joint utility purposes, 6 57. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 7 58. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the District Engineer. 10 59. Developer shall install potable water and/or recycled water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 12 60. The Developer shall install sewer laterals and clean-outs at locations approved by the 13 City Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 14 61. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the tentative map to the satisfaction of the District . , Engineer and City Engineer. 17 62. The Developer shall provide separate potable water meters for each separately owned unit within this subdivision. 18 Code Reminders: 2Q The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 21 63. This tentative map shall expire three years from the date on which the Planning 22 Commission voted to approve this application. 64. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 24 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative map 25 are for planning purposes only. 65. 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. 28 66. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. PCRESONO. 6619 -17- 67. Approval of this request shall not excuse compliance with all applicable sections of the 2 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 3 68. The project shall comply with the latest nonresidential disabled access requirements 4 pursuant to Title 24 of the California Building Code. 69. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 6 Code Section 18.04.320. 7 70. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. NOTICE10 ,. Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as 12 "fees/exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you 13 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 j r 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 17 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 j9 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 PCRESONO. 6619 -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 5, 2009, by the following vote, to wit: AYES: Commissioners Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery NOES: ABSENT: Commissioner Baker ABSTAIN: MARTElB. MONTGMERY, CARLSBAD PLANNING ATTEST: rperson DQft NEU / Planning Director PCRESONO. 6619 -19- 1 PLANNING COMMISSION RESOLUTION NO. 6620 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE 4 DEMOLITION OF AN EXISTING SINGLE-FAMILY HOME, , AND FOR THE SUBDIVISION AND GRADING OF A 2.9-ACRE SITE INTO EIGHT LOTS (5 RESIDENTIAL AND 3 6 OPEN SPACE LOTS) ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF POINSETTIA LANE AT 7 THE WESTERNMOST TERMINUS OF LEMON LEAF DRIVE WITHIN THE MELLO II SEGMENT OF THE LOCAL 8 COASTAL PROGRAM AND LOCAL FACILITIES o MANAGEMENT ZONE 20. CASE NAME: TABATA RANCH 10 CASE NO.: CDP 06-22 11 WHEREAS, Noboru & Evelyn Tabata, "Developer/Owner," has filed a verified 12 application with the City of Carlsbad regarding property described as: 13 Parcel 1A: 14 That portion of the east 264.14 feet of the west '/z of the 15 northeast % of the northeast % of Section 28, Township 12 ., south, Range 4 west, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to 17 official plat thereof, lying northerly of the north line of the south 15 acres of said west %; 18 Excepting from the above east 264.14 feet of said land, the 19 south 184.47 feet thereof; 20 Also excepting the east 28.00 feet and the north 30.00 feet 21 thereof; 22 Parcel IB: 91 The northerly 30.00 feet of the easterly 264.14 feet of the west 24 Yi of the northeast % of the northeast % of Section 28, Township 12 south, Range 4 west, San Bernardino Base and 25 Meridian, in the County of San Diego, State of California, according to United States Government Survey, together with 26 that portion of the easterly 28.00 feet of said west Vz lying 27 northerly of the northerly line of the southerly 15.00 acres of said west'/»; 28 Excepting from said easterly 28.00 feet, the northerly 30.00 feet and southerly 184.47 feet thereof; 1 Parcel 2: 2 The southerly 184.47 feet of that portion of the easterly 264.14 3 feet of the westerly Vi of the northeast % of the northeast % of the Section 28, Township 12 south, Range 4 west, San 4 Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof, lying northerly of the northerly line of the southerly 15 acres of said west Vi; Excepting therefrom; o That portion of Section 28, Township 12 south, Range 4 west, 9 San Bernardino Meridian, in the City of Carlsbad, County of San Diego, California, described as follows: 10 Commencing at the northeast corner of said section; thence 11 south 00° 34' 18" west 111.22 feet along the east line of said section, thence south 72° 47' 00" west 389.27 feet to the beginning of a tangent curve concave southeasterly, having a 13 radius of 1651.00 feet; thence southwesterly along said curve 339.30 feet through a central angle of 11° 46' 30" to a point of 14 the easterly line of the land conveyed to Marvin and Margaret Penelope Porter by deed recorded September 3, 1986 as Document No. 86-385614 of official records, being the south 184.47 feet of the east 264.14 feet of the north 5 acres of the west Vi of the northeast % of the northeast % of said section, a 17 radial line of said curve to said point bears north 28° 59' 30 west; said point also being the point of beginning of this 18 description; thence continuing southwesterly along said curve 53.61 feet through central angle of 01° 51' 37" to a point on the northerly line of the south 15.00 acres of the west 1A of said 20 northeast 1A of the northeast %; thence south 89° 03' 23" east along said northerly line of 46.21 feet to said easterly line of the 21 land herein described; thence north 00° 32' 47" east along said easterly line 27.50 feet to the point of beginning of this 22 description; 23 Parcel 3: 24 Lot 35, City of Carlsbad Tract No. CT 98-14-02, in the City of 25 Carlsbad, County of San Diego, State of California, according to map thereof No. 14773, filed in the Office of the County 26 Recorder of San Diego County, April 29, 2004, and Certificate 27 of Correction recorded September 14, 2006 as Instrument No. 2006-0655516 of official records. 28 ("the Property"); and PCRESONO. 6620 -2- WHEREAS, said verified application constitutes a request for a Coastal 2 Development Permit as shown on Exhibits "A" - "I" dated August 5, 2009, on file in the 3 Planning Department, TAB ATA RANCH - CDP 06-22, as provided by Chapter 21.201.040 of 4 - the Carlsbad Municipal Code; and 6 WHEREAS, the Planning Commission did, on August 5, 2009, hold a duly 7 noticed public hearing as prescribed by law to consider said request; and o WHEREAS, at said public hearing, upon hearing and considering all testimony 9 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 10 relating to the CDP. 11 12 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning j 3 Commission of the City of Carlsbad as follows: 14 A) That the foregoing recitations are true and correct. '^ B) That based on the evidence presented at the public hearing, the Commission j 6 APPROVES TABATA RANCH - CDP 06-22, based on the following findings and subject to the following conditions: 17 Findings: 18 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 no agricultural uses '" currently exist on the site, nor is the project site identified as a Map X Designated jr. Coastal Agricultural Land; the site is geologically stable and does not contain any natural slopes greater than 25% gradient or any "dual criteria" slopes; the project 21 has been designed to reduce the amount of runoff off-site through the use of Low Impact Development (LID) design features and has been conditioned to comply with 22 erosion and storm water control measures; the project does not preclude any recreational opportunities or shoreline access as the property is not a shorefront property; and the development does not obstruct views of the coastline as seen from 24 public lands or public rights-of-way. 25 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is located approximately 1.3 miles from the 26 Batiquitos Lagoon and the Pacific Ocean, and therefore, no coastal access area or water-oriented recreational activities exist on or near the site.27 _ 3. 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, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff PC RESO NO. 6620 -3- Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil 2 erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, 3 floods, or liquefaction. 4 4. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for TABATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06- 15/CDP 06-22/HDP 06-05, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and 9 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 10 Program and Addendum have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the 11 Environmental Protection Procedures of the City of Carlsbad; and '2 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 14 d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 15 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 . 7 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 18 Conditions; 19 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 20 grading permit or recordation of a final map, whichever occurs first. 21 1, If any of the following conditions fail to occur, or if they are, by their terms, to be 22 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 23 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 24 issued under the authority of approvals herein granted; record a notice of violation on the 25 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 26 or a successor in interest by the City's approval of this Coastal Development Permit. 27 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 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. PC RESO NO. 6620 -4- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code , Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies 6 with all requirements of law. 7 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 10 Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 13 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 14 6. 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 interested parties and successors in interest that the City of Carlsbad has issued a Coastal 17 Development Permit by Resolution No. 6620 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete 18 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 2Q said notice upon a showing of good cause by the Developer or successor in interest. 21 7. The applicant shall apply for and be issued grading permits for this project within three (3) years of approval or this coastal development permit will expire unless extended per 22 Section 21.201.210 of the Zoning Ordinance. 23 8. This approval is granted subject to the approval of the Mitigated Negative Declaration 24 and Mitigation Monitoring and Reporting Program and Addendum, GPA 07-05, ZC 06-04, SP 203(C), LCPA 06-03, CT 06-15, and HDP 06-05 and is subject to all 25 conditions contained in Planning Commission Resolutions No. 6614, 6615, 6616, 6617, 6618, 6619, and 6621 for those other approvals incorporated herein by reference.26 27 9. Developer shall implement, or cause the implementation of, the TABATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 28 Project Mitigation Monitoring and Reporting Program. PCRESONO. 6620 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 5, 2009, by the following vote, to wit: AYES: Commissioners Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery NOES: ABSENT: Commissioner Baker ABSTAIN: MARTELL B. MONTGOMERY, fftiiperson CARLSBAD PLANNING COMMISSION ATTEST: DO'NNEl/ ' Planning Director PC RESO NO. 6620 -6- 1 PLANNING COMMISSION RESOLUTION NO. 6621 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO ALLOW FOR THE 4 DEMOLITION OF AN EXISTING SINGLE-FAMILY HOME, , AND FOR THE SUBDIVISION AND GRADING OF A 2.9-ACRE SITE INTO EIGHT LOTS (5 RESIDENTIAL AND 3 6 OPEN SPACE LOTS) ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF POINSETTIA LANE AT 7 THE WESTERNMOST TERMINUS OF LEMON LEAF DRIVE WITHIN THE MELLO II SEGMENT OF THE LOCAL 8 COASTAL PROGRAM AND LOCAL FACILITIES o MANAGEMENT ZONE 20. CASE NAME: TABATA RANCH 10 CASE NO: HDP 06-05 11 WHEREAS, Noboru & Evelyn Tabata, "Developer/Owner," has filed a verified 12 application with the City of Carlsbad regarding property described as: 13 Parcel 1A: 14 That portion of the east 264.14 feet of the west '/: of the 15 northeast % of the northeast % of Section 28, Township 12 .,- south, Range 4 west, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to 17 official plat thereof, lying northerly of the north line of the south 15 acres of said west %; 18 Excepting from the above east 264.14 feet of said land, the 19 south 184.47 feet thereof; 20 Also excepting the east 28.00 feet and the north 30.00 feet 21 thereof; 22 Parcel IB: 23 The northerly 30.00 feet of the easterly 264.14 feet of the west 24 '/z of the northeast % of the northeast % of Section 28, Township 12 south, Range 4 west, San Bernardino Base and 25 Meridian, in the County of San Diego, State of California, according to United States Government Survey, together with 26 that portion of the easterly 28.00 feet of said west Yt lying ~7 northerly of the northerly line of the southerly 15.00 acres of said west '/z; 28 Excepting from said easterly 28.00 feet, the northerly 30.00 feet and southerly 184.47 feet thereof; ° Parcel 2: 2 The southerly 184.47 feet of that portion of the easterly 264.14 3 feet of the westerly 1A of the northeast % of the northeast % of the Section 28, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof, lying northerly of the northerly line of the southerly 15 acres of said 6 west Vi\ 7 Excepting therefrom; That portion of Section 28, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, California, described as follows: 10 Commencing at the northeast corner of said section; thence 11 south 00° 34' 18" west 111.22 feet along the east line of said section, thence south 72° 47' 00" west 389.27 feet to the beginning of a tangent curve concave southeasterly, having a 13 radius of 1651.00 feet; thence southwesterly along said curve 339.30 feet through a central angle of 11° 46' 30" to a point of 14 the easterly line of the land conveyed to Marvin and Margaret Penelope Porter by deed recorded September 3, 1986 as 15 Document No. 86-385614 of official records, being the south 184.47 feet of the east 264.14 feet of the north 5 acres of the west */z of the northeast % of the northeast % of said section, a 17 radial line of said curve to said point bears north 28° 59' 30" west; said point also being the point of beginning of this 18 description; thence continuing southwesterly along said curve 53.61 feet through central angle of 01° 51' 37" to a point on the northerly line of the south 15.00 acres of the west % of said northeast % of the northeast %; thence south 89° 03' 23" east along said northerly line of 46.21 feet to said easterly line of the 21 land herein described; thence north 00° 32' 47" east along said easterly line 27.50 feet to the point of beginning of this 22 description; 23 Parcel 3: 24 Lot 35, City of Carlsbad Tract No. CT 98-14-02, in the City of 25 Carlsbad, County of San Diego, State of California, according to map thereof No. 14773, filed in the Office of the County 26 Recorder of San Diego County, April 29, 2004, and Certificate 27 of Correction recorded September 14, 2006 as Instrument No. 2006-0655516 of official records; 28 ("the Property"); and PCRESONO. 6621 -2- • /•"*• WHEREAS, said verified application constitutes a request for a Hillside 2 Development Permit as shown on Exhibits "A" - "I" dated August 5, 2009, on file in the 3 Carlsbad Planning Department, TABATA RANCH - HDP 06-05, as provided by Chapter 21.954 , of the Carlsbad Municipal Code; and 6 WHEREAS, the Planning Commission did on August 5, 2009, consider said 7 request; and o WHEREAS, at said hearing, upon hearing and considering all testimony and 9 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 10 relating to the Hillside Development Permit. 11 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 13 Commission as follows: 14 A) That the foregoing recitations are true and correct. 15 B) That based on the evidence presented at the public hearing, the Commission APPROVES TABATA RANCH - HDP 06-05 based on the following findings and subject to the following conditions: 17 Findings: 18 1. That hillside conditions have been properly identified on the constraints map which show 1" existing and proposed conditions and slope percentages. 2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly 21 identified on the constraints map. 22 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the proposed development follows the existing topography, does not propose any manufactured slopes exceeding 40 feet in 24 height, and minimizes the amount of grading to a "potentially acceptable" level. The Developer has submitted adequate findings to justify the reasons for the 25 amount of grading in that the primary reason for the proposed grading volumes in excess of the "acceptable" range (0 - 7,999 CY/AC) is because of the site's 26 significant topographic constraints (i.e., an average slope gradient of 21% and a 27 grade change of 55 feet across the site from east to west) and the fact that the existing points of access (i.e. Lemon Leaf Drive (305 feet AMSL) and Lonicera 28 Street (250 feet AMSL)) are located at these extreme elevation differentials. PCRESONO. 6621 -3- 4. That the proposed development or grading will not occur in the undevelopable portions 2 of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that the site does not contain any beaches, permanent bodies of water, floodways, 3 natural slopes with an inclination of greater than 40 percent, significant wetlands, significant riparian or woodland habitats, major power transmission easements, or 4 railroad track beds. 5. That the project design substantially conforms to the intent of the concepts illustrated in 6 the Hillside Development Guidelines Manual, in that the grading design minimizes the amount of grading to a "potentially acceptable" level; pad grades have been 7 designed to step and follow the dominant slope of the land; and all manufactured slopes will be landscaped and screened in accordance with the Hillside Development and Design Guidelines Exhibits 13 and 14 and also the City of Carlsbad's o Landscape Manual. 10 6. The Planning Commission of the City of Carlsbad does hereby find: 11 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for 12 TABATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06- 13 15/CDP 06-22/HDP 06-05, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of 14 the project; and 15 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the 17 Environmental Protection Procedures of the City of Carlsbad; and 18 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 19 d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 21 7. The Planning Commission has reviewed each of the exactions imposed on the Developer 22 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 23 degree of the exaction is in rough proportionality to the impact caused by the project. 24 Conditions; 25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 26 grading permit or recordation of a final map, whichever occurs first. 27 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 90 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all PCRESONO. 6621 -4- V- future building permits; deny, revoke, or further condition all certificates of occupancy 2 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 3 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. - 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development Permit documents, as necessary to make 5 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 7 development, different from this approval, shall require an amendment to this approval. o 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. 10 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies 13 with all requirements of law. 14 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 , f 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 17 Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 18 (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. 21 6. This approval is granted subject to the approval of the Mitigated Negative Declaration 22 and Mitigation Monitoring and Reporting Program and Addendum, GPA 07-05, ZC 06-04, SP 203(C), LCPA 06-03, CT 06-15, and CDP 06-22 and is subject to all conditions contained in Planning Commission Resolutions No. 6614, 6615, 6616, 6617, 24 6618, 6619, and 6620 for those other approvals incorporated herein by reference. 25 7, Developer shall implement, or cause the implementation of, the TABATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 2° Project Mitigation Monitoring and Reporting Program. 27 8. Developer shall submit to the City a Notice of Restriction executed by the owner of the 28 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 Hillside PCRESONO. 6621 -5- Development Permit by Resolution No. 6621 on the property. Said Notice of 2 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 3 specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 9. This approval shall become null and void if grading permits are not issued for this 5 project within 36 months from the date of project approval. 7 NOTICE 8 Please take NOTICE that approval of your project includes the "imposition" of fees, 9 dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 10 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 12 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 13 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 14 ,(• 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, 16 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 17 NOTICE similar to this, or as to which the statute of limitations has previously otherwise ]g expired. 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6621 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 5, 2009, by the following vote, to wit: AYES: Commissioners Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery NOES: ABSENT: Commissioner Baker ABSTAIN: . MONTGCJMERY, UMrperson CARLSBAD PLANNING COMMISSION ATTEST: DO'N NEtf Planning Director PCRESONO. 6621 -7- EXHIBIT 6 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No.© P.C. AGENDA OF: August 5,2009 Application complete date: N/A Project Planner: Jason Goff Project Engineer: Steve Bobbett SUBJECT: GPA 07-05/ZC 06-04/SP 203(CVLCPA 06-03/CT 06-1S/CDP 06-22/HDP 06- 05 - TABATA RANCH - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum; a recommendation of approval for a General Plan Amendment, Zone Change, Specific Plan Amendment, and Local Coastal Program Amendment; and a request for approval of a Tentative Tract Map, Coastal Development Permit, and Hillside Development Permit for the demolition of an existing single-family home, and for the subdivision and grading of a 2.9-acre site into eight lots (5 residential and 3 open space lots) on property generally located on the north side of Poinsettia Lane at the westernmost terminus of Lemon Leaf Drive within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 20. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6614 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and ADOPT Planning Commission Resolutions No. 6615, 6616, 6617, and 6618 RECOMMENDING APPROVAL of a General Plan Amendment (GPA 07-05), Zone Change (ZC 06-04), Specific Plan Amendment (SP 203(C)), and Local Coastal Program Amendment (LCPA 06-03), and ADOPT Planning Commission Resolutions No. 6619, 6620, and 6621 APPROVING a Tentative Tract Map (CT 06-15), Coastal Development Permit (CDP 06-22), and Hillside Development Permit (HDP 06- 05), based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project consists of the demolition of an existing single-family home, and the subdivision and grading of a 2.9 acre site into five residential lots and three open space lots. The project site consists of three parcels of land, which are generally located on the north side of Poinsettia Lane at the westernmost terminus of Lemon Leaf Drive. The project site is located within the Zone 20 Specific Plan (SP 203), Local Facilities Management Zone 20, and the Mello II Segment of the Local Coastal Program. The proposed project requires a General Plan Amendment (GPA), Zone Change (ZC), and Local Coastal Program Amendment (LCPA) to change the General Plan and Local Coastal Program Land Use designations on the property from Residential Medium Density (RM, 4-8 du/ac) to Residential Low-Medium Density (RLM, 0-4 du/ac), and to change the City Zoning and Local Coastal Program Zoning designations on the property from Residential Density-Multiple with a Qualified Development Overlay (RD-M-Q) and Limited Control (L-C) to One-Family Residential (R-l). A Specific Plan Amendment (SPA) GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 - TAB ATA RANCH August 5, 2009 Page 2 to the Zone 20 Specific Plan is necessary in order to reflect the proposed General Plan Land Use change. The project also requires a Tentative Tract Map (CT) to allow for the subdivision of the property, a Coastal Development Permit (CDP) to allow for the demolition of the single-family home and for development within the Coastal Zone, and a Hillside Development Permit (HDP) to allow for the development of a site containing slope gradients equal to or greater than 15 percent and slope elevation differences greater than 15 feet. The GPA, ZC, LCPA, and SPA require the approval of the City Council. The approval of the CT, CDP, and HDP are final at the Planning Commission. The LCPA requires further approval from the California Coastal Commission (CCC). The project is not located within the Appeals Jurisdiction of the Local Coastal Zone, and therefore the Planning Commission's decision on the CDP is not appealable to the CCC. The project has been reviewed for environmental impacts and no significant unmitigable impacts were found. As designed and conditioned, the project is consistent with all applicable standards and policies, and the necessary findings to approve the project can be made. III. PROJECT DESCRIPTION AND BACKGROUND The project site consists of three parcels totaling 2.9 acres in size, and is presently developed with a two-story single-family home. The site is bounded on three sides (north, east, and west) by existing single-family homes with lots ranging in size from 10,585 square feet to 30,150 square feet. Poinsettia Lane is directly abutting the site to the south. Access to the site is being provided from Lemon Leaf Drive to the east and Lonicera Street to the west. The existing adjacent residential subdivision to the north was created as part of the Mariner's Point project (CT 91-12), which allowed for the development of 186 single-family residential units on lots ranging in size from 7,500 to 21,670 square feet. The existing residential subdivision surrounding the project site to the south (across Poinsettia Lane), east, and west was a part of the Thompson/Tabata project (CT 98-14), which allowed for the development of 238 single-family units on lots ranging in size from 6,000 square feet to 1.7 acres. Topographically, the site slopes downward in elevation towards the west from a high of approximately 305 feet above mean sea level (AMSL) at Lemon Leaf Drive to a low of approximately 250 feet AMSL at Lonicera Street. No native vegetation, natural drainage areas, or wetland habitat exist on the site. The site has a General Plan Land Use designation of Residential Medium Density (RM, 4-8 du/ac) and Zoning designations of Residential Density-Multiple with a Qualified Development Overlay (RD-M-Q) and Limited Control (L-C). The Local Coastal Program (LCP) Land Use designation and Zoning is consistent with the aforementioned. The project requires a General Plan Amendment (GPA 07-05), Zone Change (ZC 06-04), and Local Coastal Program Amendment (LCPA 06-03) to change the General Plan and LCP Land Use designations on the property from RM to Residential Low-Medium Density (RLM, 0-4 du/ac), and to change the City Zoning and LCP Zoning designations on the property from RD-M-Q and L-C to One- Family Residential (R-l). GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 - TABATA RANCH August 5, 2009 PaRe3 A Specific Plan Amendment (SP 203(C)) is also required to reflect the proposed land use change and bring the Specific Plan into conformance with the General Plan. The project site is located within Planning Area D of the Zone 20 Specific Plan. The Specific Plan establishes permitted land uses and development standards for Planning Area D, which are listed in Chapter VIII, Section E (Pages 114-119). Under Section E.2.a of Chapter VIII (Pg. 115) of the Specific Plan, the General Plan Land Use designation is described as follows: a. General Plan Planning Area D is composed of two General Plan Land Use Designations: RLM (Residential Low-Medium Density, 0-4 du/acre) on the east side of the Planning Area and RM (Residential Medium Density, 4-8 du/acre) on the west side. The ridge line which generally follows property lines serves as the dividing line for land use designations. The applicant is requesting the following text amendment to Chapter VIII, Section E.2.a: a. General Plan Planning Area D is composed of two General Plan Land Use Designations: RLM (Residential Low-Medium Density, 0-4 du/acre) on the east side of the Planning Area and RM (Residential Medium Density, 4-8 du/acre) on the west side. The ridge linet which generally follows property linesj serves as the dividing line for land use designations with the exception of a 2.9 acre area generally located north of Poinsettia Lane and west of the ridge, which shall have a General Plan Land Use designation of RLM where topographic constraints Justify development at a lower density (see Exhibit 3 - General Plan. Page 7). A modification to Exhibit 3 - General Plan (Pg 7) of the Specific Plan also accompanies the proposed text amendment, which reflects the proposed boundary shift between the RM and RLM General Plan Land Use designations and shows the 2.9 acre project site falling within the RLM designation. The Zone 20 Specific Plan (SP 203) was originally approved in 1993, with the first amendment (SP 203(A)) approved in 1996. SP 203(A) designated the Villa Loma and Laurel Tree affordable housing projects as two available off-site combined affordable housing projects to satisfy inclusionary housing requirements for projects being developed within the Zone 20 Specific Plan. The second amendment (SP 203 (B)) was never realized and was later withdrawn. In addition to the four legislative actions, the project also requires a Tentative Subdivision Map (CT 06-15), Coastal Development Permit (CDP 06-22), and Hillside Development Permit (HDP 06-05) for the demolition of the existing home and also for the subdivision of the site into eight lots (five residential and three open space lots). The proposed residential lots (Lots 1-5) range in size from 10,094 square feet to 19,313 square feet, with developable pads ranging in size from 9,500 square feet to 10,100 square feet. Lots 1 and 2 will take access from Lemon Leaf Drive, while Lots 3-5 will take access from a new public street extending perpendicularly from Lonicera Street. No residences are proposed for Lots 1-5 at this time, and therefore architecture is not included. However, the future development of custom homes on each lot will require the GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 - TABATA RANCH August 5,2009 Page 4 ^_________ Planning Commission's approval of individual CDP's for each proposed home and architecture will be considered at that time. Open space Lots 6-8 range in size from 3,061 square feet to 24,214 square feet and consist primarily of landscaped manufactured slope areas and a drainage basin for the project. Each of these lots will be encumbered by an open space easement and privately maintained by a Home Owners Association (HOA) established for the project. Project grading requires 19,600 cubic yards of cut, 2,400 cubic yards of fill, and 17,200 cubic yards of export. Overall, the project grading follows the natural slope of the site, and is compatible with the adjacent residential pad grades. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. Carlsbad General Plan Residential Low-Medium Density (RLM) Land Use designation; B. One-Family Residential (R-1) Zone (Chapter 21.10 of the Carlsbad Municipal Code); C. Zone 20 Specific Plan (SP 203); D. Inclusionary Housing (Chapter 21.85 of the Carlsbad Municipal Code); E. Subdivision Map Act and the City of Carlsbad Subdivision Regulations (Title 20 of the Carlsbad Municipal Code); F. Mello II Segment of the Local Coastal Program, and the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code); G. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code); H. Habitat Preservation and Management Requirements (Chapter 21.210 of the Carlsbad Municipal Code); and I. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Zone 20 Local Facilities Management Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in the sections below. A. Carlsbad General Plan Residential Low-Medium Density (RLM) Land Use Designation The existing General Plan Land Use designation for the site is Residential Medium Density (RM). The RM designation allows for the development of single-family, two-family, and/or multiple-family residential dwellings within a density range of 4-8 dwelling units per acre (du/ac) with a Growth Management Control Point (GMCP) of 6 du/ac. The project site has a net developable area of 2.9 acres. At the RM GMCP, the site would yield 17.4 dwelling units. However, development of the site in a manner that would accommodate this number of dwelling units would 1) require a significant amount of grading to the site, which would be inconsistent •with the City's Hillside Development Regulations (C.M.C. Chapter 21.95), and 2) would require a higher density residential product type (i.e., attached or multiple-family), which would not be as compatible with the existing surrounding single-family homes that are developed at RLM densities (0-4 du/ac) on lots ranging in size from 10,585 square feet to 30,150 square feet. Therefore, given the topographic constraints of the site combined with the existing surrounding GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 - TABATA RANCH August 5, 2009 Page5 single-family residential projects that are developed at lower densities, the project applicant is proposing to change the General Plan Land Use designation of the site from RM to Residential Low-Medium Density (RLM, 0-4 du/ac) and develop the property with more compatible single- family lots at a similar density as the surrounding single-family development. As such, the resultant project density is 1.7 du/ac, which is 12.4 dwelling units below the RM GMCP and 6,6 dwelling units below the bottom of the RM density range, but within the RLM density range (0-4 du/ac) and below the RLM GMCP of 3.2 du/ac. Pursuant to Government Code Section 65863, the City may not reduce the residential density on any parcel below that which was used by the California Department of Housing and Community Development in determining compliance with Housing Element law, unless the City makes the findings that the reduction of residential density is consistent with the adopted General Plan, including the Housing Element, and that the remaining sites identified in the Housing Element are adequate to accommodate the City's share of the regional housing need pursuant to Government Code Section 65584. The GMCP is used for the purpose of calculating the City's compliance with Government Code Section 65863. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City's share of the regional housing needs that are not utilized by developers in approved projects, will be deposited into the City's Excess Dwelling Unit Bank. This project will deposit 12.4 dwelling units into the City's Excess Dwelling Unit Bank, and these excess dwelling units will then be available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. In addition, both the RLM and RM Land Use designations have density ranges suitable for housing for above-moderate income households according to the City of Carlsbad's Housing Element. The proposed project density at 1.7 du/ac is consistent with the proposed RLM (0-4 du/ac) General Plan Land Use designation. While the proposed General Plan Land Use designation change from RM to RLM and the proposed subdivision will result in 12.4 dwelling units less than that anticipated by the Housing Element, the City has adequate land available in the above-moderate land use density categories to adequately accommodate the City's share of the regional housing needs for the above-moderate income group.pursuant to Government Code Section 65584. In addition to the above, the project complies with all elements of the General Plan as illustrated in Table A below: \?0 GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 - TABATA RANCH August 5, 2009 Page 6 TABLE A - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use The project site as proposed will be designated RLM (Residential Low-Medium Density). RLM anticipates one-family dwellings at a density of 0-4 du/ac with a GMCPof3.2du/ac. Five (5) single-family lots are proposed for future construction of detached one-family dwellings. The project's density of 1.7 du/ac is within the RLM density range of 0-4 du/ac, and does not exceed the GMCP of 3.2 du/ac. Yes Housing Provision of affordable housing. The project is conditioned to pay an affordable housing in- lieu fee per dwelling unit in order to provide their proportionate share of affordable housing. Yes Public Safety Review new development proposals to consider emergency access, fire hydrant locations and fire flow requirements. The project includes or has been conditioned to provide facilities to ensure that the development proposal complies with public safety requirements. Yes Open Space & Conservation Minimize environmental impacts to sensitive resources within the City. The project does not impact any sensitive resources. Yes Utilize Best Management Practices for control of storm water and to protect water quality. The project has been designed in accordance with the City's Storm water regulations. It has been conditioned to implement Best Management Practices (BMP) for water quality protection, to comply with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and with the City of Carlsbad Municipal Code. Yes GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 - TABATA RANCH August 5, 2009 Page? TABLE A - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Noise Residential exterior noise standard of 60 dB(A) CNEL and interior noise standard of 45 dB(A) CNEL. An Acoustical Site Assessment was prepared for the project. According to the report, the project site is impacted by traffic noise originating from Poinsettia Lane. No exterior mitigation is required since all proposed noise sensitive areas will not exceed the residential exterior noise standard threshold of60dB(A)CNEL. However, the project has been conditioned in the form of a mitigation measure to require an interior noise analysis prior to the issuance of building permits for the construction of any future homes on Lots 3,4, & 5 to ensure compliance with the interior noise standard of 45 dB(A) CNEL. Yes Circulation Require new development to construct all roadways needed to serve the development. All roadways (including curb, gutter, and sidewalk) needed to serve the development will be dedicated and constructed prior to, or concurrent with, site development. The proposed circulation system is designed to provide access to each of the proposed lots and complies with all applicable City design standards. Yes B. One-Family Residential (R-l) Zone (Chapter 21.10 of the Carlsbad Municipal Code) The project site is presently zoned Residential Density-Multiple with a Qualified Development Overlay (RD-M-Q) and Limited Control (L-C). The L-C Zone designation is given to previously annexed properties and is an interim zone for areas where plans for development have not yet been formalized. As part of this project, a Zone Change from RD-M-Q and L-C to One-Family Residential (R-l) is being proposed. This will result in the Zoning for the site being consistent with the proposed General Plan and LCP Land Use designation of RLM. The proposed Zoning GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 - TABATA RANCH August 5, 2009 PaeeS is also consistent with the existing R-l Zoned properties to the east. The proposed project meets or exceeds all applicable requirements of the R-l Zone as demonstrated in Table B below: TABLE B - R-l ZONE COMPLIANCE STANDARD Lot Size Lot width REQUIRED minimum 7,500 sq. ft. 60 ft. (measured at front setback) 33 ft. for cul-de-sac lots (measured at right of way) PROPOSED 10,094 to 19,3 13 sq.ft. 60 ft. or greater (measured at front setback) 33 ft. or greater (measured at right-of-way) COMPLY Yes Yes C. Zone 20 Specific Plan (SP 203) The project site is located within an area subject to the Zone 20 Specific Plan (SP 203). SP 203 provides a framework for the development of the vacant properties within Zone 20 to ensure the logical and efficient provision of public facilities and community amenities for the future residents of Zone 20. The project is specifically located within Planning Area D of SP 203, which is composed of two General Plan Land Use designations (RLM and RM) and is generally separated by a meandering ridge line running the length of the planning area in a north-south direction. Land east of the ridgeline is required to be designated RLM and land west of the ridgeline is required to be designated RM. The project site is located directly on the ridgeline as it falls away to the west and therefore carries an RM designation. However, as discussed above in Section "A", because of the topographic constraints of the site a lower intensity development would be more appropriate. Therefore, the project is proposing an amendment to SP 203 in the form of a map change to Exhibit 3 - General Plan (Pg. 7 of SP 203) and a text change to Section E.2.a (Pg 115 of SP 203) to reflect the proposed land use change from RM to RLM and thus bring SP 203 into conformance with the General Plan (See Attachment No. 4 for specific language). The project will be proposing fewer dwelling units than were originally anticipated by the Zone 20 Specific Plan, therefore no impacts on City facilities will result from the project. In addition to land use compatibility, the project is compatible with all other provisions of SP 203 as demonstrated below in Table C: TABLE C - ZONE 20 SPECIFIC PLAN REQUIREMENTS STANDARD Affordable Housing REQUIRED Smaller residential developments (6 units or less) shall contribute a fee in-lieu of providing on- site affordable housing. PROPOSED The project has been conditioned to pay the inclusionary housing in- lieu fee (see Planning Commission Resolution No. 6619). COMPLY Yes GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 - TABATA RANCH August 5, 2009 Page 9 TABLE C - ZONE 20 SPECIFIC PLAN REQUIREMENTS CONTINUED STANDARD RV Parking Special Design Criteria REQUIRED 25% of the lots with adequate side yards to accommodate RV parking. This side yard shall have a minimum level area of 200 sq.ft. with a minimum dimension of 10 ft. (25% of 5 = 1.25) 2 spaces required. An average 50 foot, landscape setback from Poinsettia Lane shall be provided concurrent with development. PROPOSED The project has been conditioned to provide 2 lots with adequate side yards to accommodate RV storage (see Planning Commission Resolution No. 6619). The proposed single-family lots maintain an average 50 foot landscape setback from Poinsettia Lane. COMPLY Yes Yes D. Inclusionary Housing (Chapter 21.85 of the Carlsbad Municipal Code) Since the application is proposing less than 7 dwelling units, Chapter 21.85 (Inclusionary Housing Ordinance) allows the applicant to pay an inclusionary housing in-lieu fee for each dwelling unit in lieu of providing 15% of the total residential units as affordable to lower income households. A condition requiring the payment of in-lieu fees has been included in Planning Commission Resolution No. 6619. E. Subdivision Map Act and the City of Carlsbad Subdivision Regulations (Title 20 of the Carlsbad Municipal Code) The Engineering Department has reviewed the proposed tentative tract map and has concluded that the 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 curbs, gutters, sidewalks, sewer facilities, drainage facilities, water line facilities, fire hydrants, and street lights. The project has been designed in accordance with the City's Stormwater regulations. It has been conditioned to implement Best Management Practices (BMP) for water quality protection, to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and with the City of Carlsbad Municipal Code. GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 - TAB ATA RANCH August 5, 2009 Page 10 Mello II Segment of the Local Coastal Program, and Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code) The project site is located within the Mello II Segment of the Local Coastal Program. Development of the site is also subject to and is consistent with the requirements of the Coastal Resource Protection Overlay Zone. One of the primary requirements of the applicable coastal regulations pertains to the conversion of agricultural land to urban use. No agricultural uses currently exist on the site, and the project site is not identified as Map X "Designated Coastal Agricultural Lands." The project is further consistent with the policies of the Coastal Act in that, a) the site is geologically stable; b) the project has been designed to reduce the amount of runoff off-site through the use of Low Impact Development (LID) design features and has been conditioned to implement the National Pollution Discharge Elimination System (NPDES) standards; c) the project does not preclude any recreational opportunities or shoreline access as the property is located approximately 1.3 miles from the Batiquitos Lagoon and Pacific Ocean and therefore no coastal access area or water oriented recreational activities exist on or near the site; and d) the development does not obstruct views of the coastline as seen from public lands or public rights-of-way. The development is subject to the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code). The Coastal Resource Protection Overlay Zone identifies five areas of protection: a) preservation of steep slopes and vegetation; b) drainage, erosion, sedimentation, and habitat; c) landslides and slope instability; d) seismic hazards, and e) floodplain development. The project's compliance with each of these areas of concern is discussed below: a. Preservation of Steep Slopes and Vegetation. Natural slopes greater than 25% gradient and possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities are considered "dual criteria" slopes and are protected in the coastal zone. Topographic and vegetation analysis was prepared for the project. The 2.9 acre project site is considered extensively disturbed and supports 0.9-acres of Disturbed/Graded Area, 0.1-acres of Developed/Paved Area, and 1.9-acres of previously disturbed Landscaped Area. The project site does not contain any natural slopes greater than 25% gradient, nor any "dual criteria" slopes. b. Drainage, Erosion, Sedimentation, Habitat. Topographic and vegetation analysis was prepared as part of the project. Habitat boundaries were identified, and as discussed above, no sensitive habitats exist on the project site. A Preliminary Hydrology Study and Preliminary Storm Water Management Plan (SWMP) were prepared for the project. According to these reports, the proposed project will slightly alter the drainage patterns on the site by re-directing some of the existing runoff from Poinsettia Lane to the on-site proposed public street. The two drainage systems merge near the intersection of Poinsettia Lane and Batiquitos Drive, which is approximately 0.5 miles from the site. No streams or rivers are present on the site and therefore will not be affected. The total post development runoff discharged from the site exceeds the pre-development amounts by less than two (2) cubic feet per second (cfs). All runoff discharges into existing improved drainage structures, and will therefore not cause substantial erosion or flooding. To address water quality for the project, Best Management Practices (BMPs) will be GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 - TAB ATA RANCH August 5, 2009 Page 11 implemented during construction activities and post-construction development. Pollutants of concern are being addressed through site design, source control, and treatment control BMPs. Landscaping of slopes, consisting of both native and non-native plants, will be utilized to reduce erosion. Riprap placed in locations of storm drain outfalls will be used to reduce velocities. Treatment control BMPs, such as landscaping and bio-filtration swales will address any water quality concerns. c. Landslides and Slope Instability. A Preliminary Geotechnical Investigation was prepared for the project. According to the report, the project site is underlain by sedimentary bedrock units of the Eocene Age mantled by a thin soil cover of Topsoil/colluvium with some artificial fill located in the southern portion of the site. Groundwater was not detected during any of the test excavations performed onsite; and no evidence of landslides or other forms of geologic slope instability was discovered. d. Seismic Hazards. According to the Preliminary Geotechnical Investigation that was prepared for the project, there are no active or potentially active faults known to exist on or in the vicinity of the project site, no significant shear zones were indicated on or near the proximity of the project site; and liquefaction or other ground rupture failures are not anticipated. e. Flood Plain Development. The lowest proposed pad elevation is 275 ft. AMSL. No part of the site is within the 100 year floodplain. The proposed LCPA is necessary to change the LCP Land Use designation on the property from RM (4-8 du/ac) to RLM (0-4 du/ac), and to change the LCP Zoning designation on the property from RD-M-Q and L-C to R-l. The proposed LCP Land Use and Zoning changes are consistent with the project's proposed General Plan Land Use and City Zoning designation changes. Furthermore, the development of five (minimum 7,500 square foot lots) single-family residential lots at a density of 2.3 du/ac is consistent with the proposed LCP Land Use and Zoning designations. A six-week LCPA public notice of availability period was required for the project, and was provided between April 10, 2009 and May 22, 2009. No comments were received during this period or up to the date of preparation of this report. F. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code) The proposed project involves development over sloping topography with an elevation grade change greater than 15 feet and slopes equal to or greater than 15% gradient. Therefore, the project is subject to the Hillside Development Regulations, Chapter 21.95 of the Zoning Ordinance. Hillside conditions of the project have been properly identified on the constraints map, which show existing and proposed conditions and slope percentages. The project site contains two areas of slopes over 40% inclination. These consist of manufactured 2:1 slopes along the south and west perimeters of the project site, which were created as a result of road improvements for the development of Poinsettia Lane and a private driveway that was created as part the development of the surrounding subdivision (CT 98-14). The site does not contain any natural slopes greater than 40%, or any "dual criteria" slopes, which are defined as natural slopes GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 - TAB ATA RANCH August 5, 2009 Page 12 greater than 25% gradient and possessing endangered species and/or coastal sage scrub and chaparral plant communities within the Coastal Zone. The entire 2.9-acre site is therefore considered developable per the Hillside Ordinance and Coastal Resource Protection Overlay Zone. The project includes grading over 2.41-acres of the 2.9-acre site. The proposed grading results in an estimated 19,600 cubic yards (CY) of cut, 2,400 CY of fill, 1,000 CY of remedial grading, and 17,200 CY of export. The resulting grading volume of 8,132 cubic yards per acre (CY/AC) is identified by the Hillside Development Regulations as being within the "potentially acceptable" range (8,000 - 10,000 CY/AC). Applications proposing grading volumes within the "potentially acceptable" range are required to submit written justification for the amount of grading, which is summarized below. The primary reason for the proposed grading volumes in excess of the "acceptable" range (0 - 7,999 CY/AC) is because of the site's significant topographic constraints (i.e., an average slope gradient of 21% and a grade change of 55 feet across the site from east to west) and the fact that the existing points of access (i.e. Lemon Leaf Drive (305 feet AMSL) and Lonicera Street (250 feet AMSL)) are located at these extreme elevation differentials. Otherwise, consistent with the Hillside Ordinance, the proposed lots are terraced and designed with split pads to follow the existing topography; the project does not propose any manufactured slopes exceeding 40 feet in height; and all manufactured slopes will be landscaped and screened in accordance with the Hillside Development and Design Guidelines Exhibits 13 and 14 and also the City of Carlsbad's Landscape Manual. Staff recommends support of the proposed grading plan, and concurs with the applicant's justification for the proposed "potentially acceptable" grading volume of 8,132 CY/AC. G. Habitat Preservation and Management Requirements (Chapter 21.210 of the Carlsbad Municipal Code) The City of Carlsbad's HMP identifies the 2.9-acre project site as a Development Area, which is not located adjacent to or near any Standards Area or Existing/Proposed Hardline Preserve Areas, A habitat assessment of the project site was prepared in accordance with the HMP. The site was identified as being extensively disturbed and supporting 0.9-acres of Disturbed/Graded Area, 0.1-acres of Developed/Paved Area, and 1.9-acres of Landscaped Area. No native or wetland habitats or natural drainage areas were observed on the project site or within the vicinity. Pursuant to the HMP, the project has been conditioned to pay in-lieu fees for impacts to 0.9-acres of Disturbed Lands (Group-F Habitat), which has been included in Planning Commission Resolution No. 6619 (Condition No. 19). No mitigation is required for impacts to the existing landscaped areas or the developed/paved areas. H. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Zone 20 Local Facilities Management Plan The proposed project is located within Local Facilities Management Zone 20 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table D below. GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 - TAB ATA RANCH August 5, 2009 Page 13 TABLE D - GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools (Carlsbad) Sewer Collection System Water IMPACTS 17.38 sq.ft. 9.27 sq. ft. 5EDU 0.03 acres 5 CFS / Drainage Basin "D" 50ADT Fire Station 4 Acres Provided = 0.7 acres Elementary =1.5 Middle School = .5575 High School = .4755 5EDU 2,750 GPD COMPLY Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes The proposed project is 12.4 units below the Growth Management Control Point (GMCP) for RM properties. The unit yield of the property at the RM GMCP (6 du/ac) is 17.4 dwelling units and 5 units are proposed. V. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to cultural resources and noise, and mitigation measures have been incorporated into the design of the project or have been included as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper for review and comment with copies also sent directly to the California Coastal Commission (CCC). No comments were received during the 20-day public review period from April 11, 2009 to May 1, 2009. However, subsequent to the circulation of the MND and MMRP, a Specific Plan Amendment (SP 203(C)) was added as part of the project on June 9, 2009 in order to bring the Zone 20 Specific Plan into compliance with proposed land use change. An addendum therefore has been prepared in accordance with Section 15164 of CEQA to include the addition of SP 203(C) as a part of the project description. This addition has no new significant environmental effects not analyzed in the previously circulated MND, and none of the circumstances requiring recirculation or a subsequent Mitigated Negative Declaration under CEQA Guidelines Section 15162 exist. ATTACHMENTS; 1. Planning Commission Resolution No. 6614 (MND) 2. Planning Commission Resolution No. 6615 (GPA) c}0 GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 - TABATA RANCH August 5, 2009 PaRe 14 3. Planning Commission Resolution No. 6616 (ZC) 4. Planning Commission Resolution No. 6617 (SPA) 5. Planning Commission Resolution No. 6618 (LCPA) 6. Planning Commission Resolution No. 6619 (CT) 7. Planning Commission Resolution No. 6620 (CDP) 8. Planning Commission Resolution No. 6621 (HDP) 9. Location Map 10. Background Data Sheet 11. Local Facilities Impact Assessment Form 12. Disclosure Statement 13. Reduced Exhibits 14. Full Size Exhibits "A" - "I" dated August 5,2009 NOT TO SCALE SITEMAP Tabata Ranch GPA 07-05 / ZC 06-04 / SP 203(C) / LCPA 06-03 / CT 06-15 / CDP 06-22 /HDP 06-05 BACKGROUND DATA SHEET CASE NO: GPA 07-OS/ZC 06-04/SP 203(CVLCPA 06-03/CT 06-15/CDP 06-22/HDP 06- 05 CASE NAME: TABATA RANCH APPLICANT: Noboru & Evelyn Tabata REQUEST AND LOCATION: Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum; a recommendation of approval for a General Plan Amendment. Zone Change. Specific Plan and Local Coastal Program Amendment: and a request for approval of a Tentative Tract Map. Coastal Development Permit, and Hillside Development Permit for the demolition of an existing single-family home, and for the subdivision and grading of a 2.9-acre site into eight lots (5 residential and 3 open space lots) on property generally located on the north side of Poinsettia Lane at the .westernmost terminus of Lemon Leaf Drive within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 20. LEGAL DESCRIPTION: Real property in the Citv of Carlsbad. County of San Diego. State of California, described as follows: Parcel 1A: That portion of the east 264.14 feet of the west Yz of the northeast 1A of the northeast 1A of Section 28. Township 12 south. Range 4 west San Bernardino Base and Meridian, in the County of San Diego. State of California, according to official plat thereof, lying northerly of the north line of the south 15 acres of said west V*.; Excepting from the above east 264.14 feet of said land, the south 184.47 feet thereof; Also excepting the east 28.00 feet and the north 30.00 feet thereof: Parcel IB: The northerly 30.00 feet of the easterly 264.14 feet of the west '/2 of the northeast V* of the northeast 1A of Section 28, Township 12 south. Range 4 west San Bernardino Base and Meridian, in the County of San Diego. State of California, according to United States Government Survey, together with that portion of the easterly 28.00 feet of said west '/2 lying northerly of the northerly line of the southerly 15.00 acres of said west Vi: Excepting from said easterly 28.00 feet, the northerly 30.00 feet and southerly 184.47 feet thereof; ParceLZ: The southerly 184.47 feet of that portion of the easterly 264.14 feet of the westerly '/z of the northeast !/4 of the northeast 1A of the Section 28. Township 12 south. Range 4 west. San Bernardino Meridian, in the County of San Diego. State of California, according to the official plat thereof, lying northerly of the northerly line of the southerly 15 acres of said west '/2; Revised 01/06 Excepting therefrom; That portion of Section 28. Township 12 south. Range 4 west. San Bernardino Meridian, in the City of Carlsbad. County of San Diego. California, described as follows: Commencing at the northeast corner of said section: thence south 00° 34' 18" west 111.22 feet along the east line of said section, thence south 72° 47' 00" west 389.27 feet to the beginning of a tangent curve concave southeasterly, having a radius of 1651.00 feet: thence southwesterly along said curve 339.30 feet through a central angle of 11° 46' 30" to a point of the easterly line of the land conveyed to Marvin and Margaret Penelope Porter by deed recorded September 3. 1986 as Document No. 86-385614 of official records, being the south 184.47 feet of the east 264.14 feet of the north 5 acres of the west '/z of the northeast !/4 of the northeast 1A of said section, a radial line of said curve to said point bears north 28° 59' 30" west; said point also being the point of beginning of this description: thence continuing southwesterly along said curve 53.61 feet through central angle of 01° 51' 37" to a point on the northerly line of the south 15.00 acres of the west Vi of said northeast IA of the northeast '/>; thence south 89° 03' 23" east along said northerly line of 46.21 feet to said easterly line of the land herein described; thence north 00° 32' 47" east along said easterly line 27.50 feet to the point of beginning of this description. Parcel3: Lot 35. City of Carlsbad Tract No. CT 98-14-02. in the City of Carlsbad. County of San Diego. State of California, according to map thereof No. 14773, filed in the Office of the County Recorder of San Diego County. April 29. 2004. and Certificate of Correction recorded September 14. 2006 as Instrument No. 2006-0655516 of official records: APN(s): 214-630-20. 214-631 -20 & 21 Acres: 2.9 acres Proposed No. of Lots/Units: 8 lots (5 residential and 3 open space lots) / no units proposed GENERAL PLAN AND ZONING Existing Land Use Designation: RM Proposed Land Use Designation: RLM Density Allowed: 4 du/ac Density Proposed: 1.7 du/ac Existing Zone: RD-M-O/L-C Proposed Zone: R-l Surrounding Zoning, General Plan and Land Use: General Plan Current Land Use Site RD-M-Q/L-C RM Vacant/SF Home North RD-M-Q RM Detached SF Homes South Transportation Corridor Transportation Corridor Poinsettia Lane East R-l-Q RLM Detached SF Homes West RD-M-Q RM Detached SF Homes Revised 01/06 l A LOCAL COASTAL PROGRAM Coastal Zone: EXI Yes I I No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: [~~] Yes 1X1 No Coastal Development Permit: 1X1 Yes I I No Local Coastal Program Amendment: [X] Yes Q No Existing LCP Land Use Designation: RM Proposed LCP Land Use Designation: RLM Existing LCP Zone: RD-M-Q/L-C Proposed LCP Zone: R-l PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 5 EDU ENVIRONMENTAL IMPACT ASSESSMENT I | Categorical Exemption, Mitigated Negative Declaration, issued April 11, 2009. and Addendum, dated July 8, 2009. Certified Environmental Impact Report, dated _ Other, _ ; _ Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Tabata Ranch - GPA 07-05/ZC 06-04/SP 203(CVLCPA 06-03/CT 06- 15/CDP06-22/HDP 06-05 LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RM ZONING: RD-M-O and L-C DEVELOPER'S NAME: Noboru & Evelyn Tabata ADDRESS: 6692 Lemon Leaf Dr.. Carlsbad. CA 92011 PHONE NO.: (760)754-1900 ASSESSOR'S PARCEL NO.: 214-630-20. 214-631-20 & 21 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 2.9 acres ESTIMATED COMPLETION DATE: Unknown A. City Administrative Facilities: B. Library: C. Wastewater Treatment Capacity (Calculate with J. Sewer) D. Park: E. Drainage: F. Circulation: G. Fire: H. Open Space: I. Schools (Carlsbad Unified): J. Sewer (Carlsbad): K. Water (Carlsbad): L. Demand in Square Footage = Demand in Square Footage = Demand in Acres = Demand in CFS = Identify Drainage Basin = Demand in ADT = Served by Fire Station No. = Acreage Provided : Elementary School = Middle School = High School = Demands in EDU = Demand in GPD = 17.38 sq.ft. 9.27 SQ. ft. 5 EDU 0.03 acres 5CFS Basin "D" 50 ADT 0.07 acres L5 .5575 .4755 5 EDU 2.750 GPD The project is 12.4 units below the Growth Management Dwelling unit allowance. GMCP Unit Yield (17.4 units) - Total Dwelling Units Proposed (5 units) = 12.4 excess dwelling units) 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: ' ' j • , • .:Person is defined as "Any individualr firm, co-partnership,, joint venture, association, social club, fraternal organization, corporation, estate, trust^receiver, syndicate, in this and anyT 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/PartPerson Title Title Address 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 all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ?***> 4* **&*' 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 Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 'X • i: 11' 11 I i I i I m I I J3K h '* 8 '!llf it E m \ iUM!? - /w*w-s. r- STT'-'SlSs^lk- ^fiiK^-fS ff^K^^^, ^rga^fcU...-^!-jy-r'-.ktuq." ^•am.i'jB-^-'.— -V-srfsVar: Si036 *3 WW3B VNVTCSV '315 101 AHH N 5CSSI38-6S2 (9581 03SVd •« 'fll-ICT-HE WrfV stoes n xovaa VNVTOS' "oJSiCOSfd MOW P fWO ^MPOVJ "*»'! 3 m s 99 99 99 3 S 3 5 22i i i: K J ? 1 '. IJ* B KB & t & R I 51 ! ,if it! !! IH IH Si JIS ( 8 a a i Ilni»»I5ihii IjlPAA .,t / 'j 5/OSB> IIS 101 WW 'N SESe 19SB) 03E*d BUM ST TlttX If Iifil ll ill IH. It!!I If NUh.. Jill Hi III iili HiHIiIf' S«?3l nMlli0 MB M it i! i{fiib afi *c I i ^11 i If ! i!I1 .ciiaisi li ss.'.Sgn EXHIBIT 7 Planning Commission Minutes August 5,2009 Page 1 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: August 5, 2009 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Montgomery called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Nygaard led the Pledge of Allegiance. ROLL CALL Present: Chairperson Montgomery, Boddy, Dominguez, L'Heureux and Nygaard Absent: Commissioners Baker and Douglas STAFF PRESENT: Gary Barberio, Assistant Planning Director Ron Kemp, Deputy City Attorney Michele Masterson, Senior Management Analyst Jason Goff, Associate Planner Jeremy Riddle, Associate Engineer Steve Bobbett, Associate Engineer APPROVAL OF MINUTES Chairperson Montgomery asked if there were any corrections or revisions to the minutes of the meeting from July 15, 2009. MOTION ACTION: Motion by Commissioner Dominguez, and duly seconded, that the Planning Commission approve the minutes from the Regular Meeting of July 15, 2009. VOTE: 5-0-2 AYES: Chairperson Montgomery, Commissioner Boddy, Commissioner Dominguez, Commissioner L'Heureux, and Commissioner Nygaard NOES: None ABSENT: Commissioner Baker and Commissioner Douglas ABSTAIN: None Chairperson Montgomery directed everyone's attention to the slide on the screen to review the procedures the Commission would be following during that evening's Public Hearing. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. Planning Commission Minutes August 5,2009 Page 2 Chairperson Montgomery read a proclamation for outgoing Commissioner Boddy. Commissioner Douglas arrived at 6:06. PLANNING COMMISSION PUBLIC HEARING Chairperson Montgomery asked Mr. Barberio to introduce the first item. 1. CUP 04-02(A)x1 - K1 SPEED INDOOR KART RACING - Reddest for a retroactive five- year extension of Conditional Use Permit No. CUP 04-02(A) to allow for the continued operation of the K1 Speed Indoor Kart Racing use at 6212 Corte del Abeto in Local Facilities Management Zone 5. Mr. Barberio introduced Agenda Item 1 and stated the applicant is requesting the item be continued to the meeting of September 2, 2009. MOTION ACTION: Motion by Commissioner Douglas, and duly seconded, that the Planning Commission continue the item to the meeting of September 2, 2009. VOTE: 6-0 AYES: Chairperson Montgomery, Commissioner Boddy, Commissioner Dominguez, Commissioner Douglas, Commissioner L'Heureux and Commissioner Nygaard NOES: None ABSENT: Commissioner Baker ABSTAIN. None Chairperson Montgomery asked Mr. Barberio to introduce the next item. 2. GPA 07-05/ZC 06-04/SP 203(C1/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 - TABATA RANCH - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum; a recommendation of approval for a General Plan Amendment, Zone Change, Specific Plan Amendment, and Local Coastal Program Amendment; and a request for approval of a Tentative Tract Map, Coastal Development Permit, and Hillside Development Permit for the demolition of an existing single-family home, and for the subdivision and grading of a 2.9-acre site into eight lots (5 residential and 3 open space lots) on property generally located on the north side of Poinsettia Lane at the westernmost terminus of Lemon Leaf Drive within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 20. Mr Barberio introduced Agenda Item 2 and stated Associate Planner Jason Goff would make the Staff presentation. Chairperson Montgomery opened the public hearing on Item 2. Mr. Goff 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 Dominguez asked if there were any neighborhood comments regarding the project. Mr. Goff stated no comments have been received. Mr. Goff further stated that a notice was posted at the project site, an early public notice was sent to the surrounding residences within a 600 foot radius, and a public hearing notice was also sent to the surrounding residences within a 600 foot radius. Planning Commission Minutes August 5,2009 Page 3 Commissioner Nygaard asked who will be responsible for the open space lots until the homes are sold. Mr. Goff stated the current landowner will be responsible for maintaining the lots. Chairperson Montgomery asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Brian Ardolino, 535 N. Highway 101-, Solana Beach, stated he would be available to answer any questions. Chairperson Montgomery asked if there were any questions of the applicant, Seeing none, he asked if there were any members of the audience who 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. 6614 recommending adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and adopt Planning Commission Resolutions No. 6615, 6616, 6617, and 6618 recommending approval of a General Plan Amendment (GPA 07-05), Zone Change (ZC 06-04), Specific Plan Amendment (SP 203(C)), and Local Coastal Program Amendment (LCPA 06-03), and adopt Planning Commission Resolutions No. 6619, 6620, and 6621 approving a Tentative Tract Map (CT 06-15), Coastal Development Permit (CDP 06-22), and Hillside Development Permit (HDP 06-05), based on the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Chairperson Montgomery, Commissioner Boddy, Commissioner Dominguez, Commissioner Douglas, Commissioner L'Heureux and Commissioner Nygaard NOES: None ABSENT: Commissioner Baker ABSTAIN: None Chairperson Montgomery closed the public hearing on Agenda Item 2 and thanked Staff for their presentations. COMMISSION COMMENTS Commissioner L'Heureux congratulated Michael Schumacher on his appointment to the Planning Commission. Commissioner Douglas thanked Commissioner Boddy for her service as a Planning Commissioner. PLANNING DIRECTOR COMMENTS Mr. Barberio, on behalf of the Planning Department, thanked Commissioner Boddy for her service as a Planning Commissioner. CITY ATTORNEY COMMENTS None. Planning Commission Minutes August 5,2009 Page 4 ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of August 5, 2009, was adjourned at 6:27 p.m. 'GARY T. BARBERIO Assistant Planning Director Bridget Desmarais Minutes Clerk PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 26th, 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On this 28th, day of September, 2009 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you. because your interest may be affected,that the City Council of the City of Carlsbad will hold a public hearing at theCouncil Chambers, 1200 Carlsbad Vjllage Drive, Carlsbad, California, at6:00 p.m. on Tuesday, October 6, 2009, to consider approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum; ap-proval of a General Plan Amendment, Zone Change, Specific Plan Amendment, and and 3 open space lots) on property ger .Lane at the westernmost terminus of Lemon Leaf Drive within the Mello II Segment ofthe Local Coastal Program and Local Facilities Management Zone 20 and more par-ticularly described as: Parcel 1A:That portion of the east 264.14 feet of the west 54 of the northeast 14 of the northeast14 of Section 28. Township 12 south, Range 4 west, San Bernardino Base and Merid-ian, in the.Countv of San Diego State of "California, according to official plat thereof,lying northerly of the north line of the south 15 acres of said west 1/z; Excepting from the above east 264.14 feet of said land, the south 184.47 feet thereof; Also excepting the east 28.00 feet and the north 30.00 feet thereof; Parcel 1B:The northerly 30.00 feet of the easterly 264.14 feet of the west 14 of the northeast 14 ofthe northeast 14 of Section 28 Township 12 south, Range 4 west, San BernardinoBase and Meridian, in (he County of San Diego, State of California, according to UnitedI States Government Survey, together with that portion of the easterly 28.00 feet of said! west 1/2 lying northerly of the northerly line of the southerly 15.00 acres of said west 54; Excepting from said easterly 28.00 feet, the northerly 30.00 feet and southerly 184.47 feet thereof;Parcel 2: [ The southerly 184.47 feet of that portion of the easterly 264.14 feet of the westerly V2of the northeast 14 of the northeast Vt of the Section 28 Township 12 south Range 4west, San Bernardino Meridian, in the County of San Diego, State of California, ac-cording to the official plat thereof, lying northerly of the northerly line of the southerly15 acres of said west V2; Excepting therefrom: That portion of Section 28. Township 12 south, Range 4 west San Bernardino Merid-i ian, in the City of Carlsbad, County of San Diego, California, described as follows: Commencing at the northeast corner of said section; thence south 00' 34' 18? west\ 111.22 feet along the east line of said section, thence south 72' 47' 00? west 389.271 feet to the beginning of a tangent curve concave southeasterly, having a radius ofI 1651.00 feet; thence southwesterly along said curve 339.30 feet through a centralangle of 11' 46' 30? to a point of the easterly line of the land conveyed to Marvin andMargaret Penelope Porter by deed recorded September 3, 1986 as Document No.86-3B5614 of official records, being the south 184.47 feet of the east 264.14 feet of the' north 5 acres of the west 14 of the northeast 14 of the northeast 54 of said section, aradial line of said curve to said point bears north 28° 59' 30? west; said point also being. the point of beginning of this description; thence continuing southwesterly along saidcurve 53.61 feet through central angle of 01" 51' 37? to a point on the northerly fine ofthe south 15.00 acres of the west K of said northeast Vt of the northeast 14; thencesouth 89' 03' 23? east along said northerly line of 46.21 feet to said easterly line of theland herein described; thence north 00' 32' 47? east along said easterly line 27.50 feetto the point of beginning of this description; Parcel 3: Lot 35, City of Carlsbad Tract No. CT 98-14-02, in the City of Carlsbad, County of SanDiego, Stale of California, according to map thereof No. 14773, filed in the Office of theCounty Recorder of San Diego County, April 29, 2004, and Certificate of Correctionrecorded September 14, 2006 as Instrument No. 2006-0655516 of official records Whereas, on August 5, 2009 the City of Carlsbad Planning Commission voted 6-0 torecommend adoption of a Mitigated Negative Declaration and Mitigation Monitoringand Reporting. Program and Addendum; recommend approval for a General PlanAmendment, Zone Change, Specific Plan Amendment, and Local Coastal ProgramAmendment; and a request for approval of a Tentative Tract Map Coastal Develop-ment Permit and Hillside Development Permit for the demolition of an existingsingle-family home, and for the subdivision and grading of a 2.9 acre site into eight lots(5 residential and 3 open space lots) on property generally located on the north side ofPoinsettia Lane at the westernmost terminus tit Lemon Leaf Drive within the Mello IISegment of the Local Coastal Program and Local Facilities Management Zone 20. Those persons wishing to speak on this proposal are cordially invited to attend thepublic hearing. Copies of the agenda bill will be available on and after October 2,2009. If you have any questions, please call Jason Goff in the Planning Department at If you challenge the General Plan Amendment, Zone Change, Specific Plan Amend-ment and/or Local Coastal Program Amendment in court, you may be limited to raisingonly those issues you or someone else raised at the public hearing described in thisnotice or in written correspondence delivered to the City of Carlsbad. Attn: City Clerk'sOffice, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the publichearing. CASE FILE:06-04/SP 203(C)/LCPA 06-03CASE NAME: TABATA RANCHPUBLISH: September 26, 2009 NCT 2231279CITY OF CARLSBAD CITY COUNCIL GPA 07-05/ZC Jane Allshouse NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, October 6, 2009, to consider approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum; approval of a General Plan Amendment, Zone Change, Specific Plan Amendment, and Local Coastal Program Amendment for the demolition of an existing single- family home, and for the subdivision and grading of a 2.9-acre site into eight lots (5 residential and 3 open space lots) on property generally located on the north side of Poinsettia Lane at the westernmost terminus of Lemon Leaf Drive within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 20 and more particularly described as: Parcel 1A: That portion of the east 264.14 feet of the west Yz of the northeast % of the northeast % of Section 28, Township 12 south, Range 4 west, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to official plat thereof, lying northerly of the north line of the south 15 acres of said west Yz, Excepting from the above east 264.14 feet of said land, the south 184.47 feet thereof; Also excepting the east 28.00 feet and the north 30.00 feet thereof; Parcel 1B: The northerly 30.00 feet of the easterly 264.14 feet of the west Yz of the northeast % of the northeast % of Section 28, Township 12 south, Range 4 west, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey, together with that portion of the easterly 28.00 feet of said west Yz lying northerly of the northerly line of the southerly 15.00 acres of said west Yz, Excepting from said easterly 28.00 feet, the northerly 30.00 feet and southerly 184.47 feet thereof; Parcel 2: The southerly 184.47 feet of that portion of the easterly 264.14 feet of the westerly Yz of the northeast % of the northeast % of the Section 28, Township 12 south, Range 4 west, San Bernardino Meridian, in the County of San Diego, State of California, according to the official plat thereof, lying northerly of the northerly line of the southerly 15 acres of said west Yz, Excepting therefrom: That portion of Section 28, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, California, described as follows: Commencing at the northeast corner of said section; thence south 00° 34' 18" west 111.22 feet along the east line of said section, thence south 72° 47' 00" west 389.27 feet to the beginning of a tangent curve concave southeasterly, having a radius of 1651.00 feet; thence southwesterly along said curve 339.30 feet through a central angle of 11° 46' 30" to a point of the easterly line of the land conveyed to Marvin and Margaret Penelope Porter by deed recorded September 3, 1986 as Document No. 86-385614 of official records, being the south 184.47 feet of the east 264.14 feet of the north 5 acres of the west Yz of the northeast % of the northeast % of said section, a radial line of said curve to said point bears north 28° 59' 30" west; said point also being the point of beginning of this description; thence continuing southwesterly along said curve 53.61 feet through central angle of 01° 51' 37" to a point on the northerly line of the south 15.00 acres of the west Vz of said northeast % of the northeast %; thence south 89° 03' 23" east along said northerly line of 46.21 feet to said easterly line of the land herein described; thence north 00° 32' 47" east along said easterly line 27.50 feet to the point of beginning of this description; Parcel 3: Lot 35, City of Carlsbad Tract No. CT 98-14-02, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14773, filed in the Office of the County Recorder of San Diego County, April 29, 2004, and Certificate of Correction recorded September 14, 2006 as Instrument No. 2006- 0655516 of official records Whereas, on August 5, 2009 the City of Carlsbad Planning Commission voted 6-0 to recommend adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum; recommend approval for a General Plan Amendment, Zone Change, Specific Plan Amendment, and Local Coastal Program Amendment; and a request for approval of a Tentative Tract Map, Coastal Development Permit, and Hillside Development Permit for the demolition of an existing single-family home, and for the subdivision and grading of a 2.9-acre site into eight lots (5 residential and 3 open space lots) on property generally located on the north side of Poinsettia Lane at the westernmost terminus of Lemon Leaf Drive within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 20. 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 October 2, 2009. If you have any questions, please call Jason Goff in the Planning Department at (760) 602-4643. If you challenge the General Plan Amendment, Zone Change, Specific Plan Amendment and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03 CASE NAME: TABATA RANCH PUBLISH: September 26, 2009 CITY OF CARLSBAD CITY COUNCIL SITEMAP NOT TO SCALE Tabata Ranch GPA 07-05 / ZC 06-04 / SP 203(C) / LCPA 06-03 ®Aa:i/w CARLSBAD UNIF SCHOOL DIST 6225 ELCAMINOREAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AV SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER SCOTT MOLLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 (aaj Aseg joj.®09is s|aqei ap suss ®091S ®AM3AV BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY 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|3a<j Aseg jaded ®091S 31V1dW31 ®*«AV asp |aa<j Aseg 0918/09 !.S®AJMV 33113 9|q!iBdUJOO iuw £9 x uiiu gz IEIUJOJ ap 091-8/0919® &aAVMl!« aiqiJedujoo ,.g/g z x,,l 9Z|s STEPHEN P & RUTH SCHICK 3579 ELLERY CIR FALLS CHURCH, VA 22041-3048 GIRA KANITKAR PO BOX 8566 COLUMBIA, SC 29202-8566 JESSE R & NANCY NUTT 3317 GEORGETOWN PL MARIETTA, GA 30066 LENNAR HOMES OF CALIFORNIA II 200 S BISCAYNE BLVD 2500 MIAMI, FL 33131-5340 THOMAS W & MARY COURTNEY 319 S 10TH AVE WAUSAU, WI 54401-4544 LINDA T HALCOM 6406 CYPRESS LN KATY, TX 77493-1125 HAMILTON PROPERTIES CA L *B* PO BOX 18485 FOUNTAIN HILL, AZ 85269-8485 BEACHLER 29211 STONECREST RD PALOS VERDEPE, CA 90275-4936 BRONSON 24707 AVENIDA ASOLEADA CALABASAS, CA 91302-1412 NIKOLAI 25234 STEINBECK AVE A STEVENSON RAN, CA 91381-3400 AMERICO & DALI LEMOS 5620 PASEO DEL NORTE 127 CARLSBAD, CA 92008-4483 WILLIAM & DIANE LANTZ *B* 144 REDWOOD AVE CARLSBAD, CA 92008-4051 STANDARD PACIFIC CORP BAY COLLECTION HOMEOWNERS ASJ CAMERON 5750 FLEET ST 200 CARLSBAD, CA 92008-4709 5750 FLEET ST 200 CARLSBAD, CA 92008-4709 7301 BOLERO ST CARLSBAD, CA 92009-7102 RICHARD Sc KARIN BARNES 7623 RUSTICO DR CARLSBAD, CA 92009-7919 GLEN L & KELLY ARMACOST 7021 FORSTER TERN DR CARLSBAD, CA 92009-3969 WILLIAM D & MARY BAREND 7071 VIA CANDREJO CARLSBAD, CA 92009-6609 DAVID CORNEJO 8066 SITIO TOLEDO CARLSBAD, CA 92009-9552 DALLAS S & KATHY SMITH 1011 IRIS CT CARLSBAD, CA 92011-4824 JARED R & MISTY DENEEN 6810 MAPLE LEAF DR CARLSBAD, CA 92011-3947 ARTHUR R NELSON 6812 MAPLE LEAF DR CARLSBAD, CA 92011-3947 DOUGLAS A & JOAN GUMMING 6814 MAPLE LEAF DR CARLSBAD, CA 92011-3947 PHYLLIS L RYAN 6818 MAPLE LEAF DR CARLSBAD, CA 92011-3947 CAREN BUKSBAUM 6820 MAPLE LEAF DR CARLSBAD, CA 92011-3947 KRISTEN S HUKARI 6830 MAPLE LEAF DR CARLSBAD, CA 92011-3947 KEVIN M & KATHLEEN KENNEDY 6803 BRIARWOOD DR CARLSBAD, CA 92011-3925 JANELLE L RUSSELL 6817 BRIARWOOD DR CARLSBAD, CA 92011-3925 BUSBY 1993 • 6829 BRIARWOOD DR CARLSBAD, CA 92011-3925 BUDDY 6831 BRIARWOOD DR CARLSBAD, CA 92011-3925 iabel size 1" x 2 5/8" compatible with Avery ''r"51t"0/8160 te rfe format 25 mm x 67 'Tim 'xmipatible avec Avwy';s5KfO/8160 091-8/091-S®AJ9AV08AB aiqpdiuoo uuu ^9 x LUUJ gz IBWJOJ 09 L8/0919® A«AV iftjM BiqiJBduioa ,,g/g g x „ (. ezjs |aqe| THOMAS M HANKS 6833 BRIARWOOD DR CARLSBAD, CA 92011-3925 THOMAS F & JOYCE KRZMARZICK 6835 BRIARWOOD DR CARLSBAD, CA 92011-3925 ECKERT 6841 BRIARWOOD DR CARLSBAD, CA 92011-3925 RICHARD W Sc BARBARA BRADHAM 6843 BRIARWOOD DR CARLSBAD, CA 92011-3925 LINDA TAYLOR 6847 BRIARWOOD DR CARLSBAD, CA 92011-3925 UNION DONALD C & EVA M V 6851 BRIARWOOD DR CARLSBAD, CA 92011-3925 HENRY S HSU 6855 BRIARWOOD DR CARLSBAD, CA 92011-3925 MIRIAM B LEVY 6857 BRIARWOOD DR CARLSBAD, CA 92011-3925 ANTHONY C & RITA CERVINO 6802 BRIARWOOD DR CARLSBAD, CA 92011-3924 MELODY ALLSUP 6804 BRIARWOOD DR CARLSBAD, CA 92011-3924 ROBYN SWICK *M* 6808 BRIARWOOD DR CARLSBAD, CA 92011-3924 HOUGH 6820 BRIARWOOD DR CARLSBAD, CA 92011-3924 STEPHEN R BROWN 6826 BRIARWOOD DR 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GOLD FLOWER RD CARLSBAD, CA 92011-3422 HELEN F THOMPSON *B* 1221 GOLD FLOWER RD CARLSBAD, CA 92011-3422 CAMPBELL 6763 LONICERA ST CARLSBAD, CA 92011-3434 WENDY M STAGG 6765 LONICERA ST CARLSBAD, CA 92011-3434 JAMES & DEVRI LYNCH 6767 LONICERA ST CARLSBAD, CA 92011-3434 R S JOHNSON 6769 LONICERA ST CARLSBAD, CA 92011-3434 SUSAN A SWIFT 6771 LONICERA ST CARLSBAD, CA 92011-3434 JEB & JENNIFER HALL 6773 LONICERA ST CARLSBAD, CA 92011-3434 RICHARD L & LAURA BASANESE 6775 LONICERA ST CARLSBAD, CA 92011-3434 SEAN PAOLINO 6777 LONICERA ST CARLSBAD, CA 92011-3434 EUGENE & MICHELLE KIM 6784 LONICERA ST CARLSBAD, CA 92011-3433 GRAF 6782 LONICERA ST CARLSBAD, CA 92011-3433 REAMES 6778 LONICERA ST CARLSBAD, CA 92011-3433 DAVID P TORRES *M* 6776 LONICERA ST CARLSBAD, CA 92011-3433 ADAM & DANIELLE MCABEE 6774 LONICERA ST CARLSBAD, CA 92011-3433 SCOTT & KAREN ULRICH 6772 LONICERA ST CARLSBAD, CA 92011-3433 JOHN R & SHARON JACKSON 6770 LONICERA ST CARLSBAD, CA 92011-3433 DAVID & MICHELLE BERNAT 6768 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CARLSBAD, CA 92011-3431 STAPLES RAYMOND J & KAREN KIEFFER 1265 VERONICA CT CARLSBAD, CA 92011-3431 WRIGHT 1261 VERONICA CT CARLSBAD, CA 92011-3431 label size 1" x 2 5/8" compatible with Avery -''"5160/8160 Biquette rie format 25 :nm x f>7 mm compatible ;ivec Averyv'5!i;0/8160 091-9/09 t9QAJ8AV3a/ie aiquedmoo uiui /g x luiu gg jewjoj ap stt 0918/09 L9® A~J8AV MUM aiqjjGdiuoo ,,8/g 2 x „ |. sz\s HAROLD E MAVRITTE 1254 VERONICA CT CARLSBAD, CA 92011-3431 KLAUS & BRIGITTE KIRCHHOFF 1258 VERONICA CT CARLSBAD, CA 92011-3431 JEFF & ELAINE FORMAN 1262 VERONICA CT CARLSBAD, CA 92011-3431 JODI D ROSS 1266 VERONICA CT CARLSBAD, CA 92011-3431 DOUGLAS B & ALICE SMITH 1270 VERONICA CT CARLSBAD, CA 92011-3431 FAHR-FARMANI 1274 VERONICA CT CARLSBAD, CA 92011-3431 DAVID N & ROXANNE HILL 1282 VERONICA CT CARLSBAD, CA 92011-3431 TRACEY LAZARUS 1286 VERONICA CT CARLSBAD, CA 92011-3431 WALTER E & MARTHA WAGGENER 1290 VERONICA CT CARLSBAD, CA 92011-3431 DYE *B* 1257 VERONICA CT CARLSBAD, CA 92011-3431 JAMES 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SON 6680 LEMON LEAF DR CARLSBAD, CA 92011-3432 DONALD E SCHECK 6682 LEMON LEAF DR CARLSBAD, CA 92011-3432 SAREM 6684 LEMON LEAF DR CARLSBAD, CA 92011-3432 label size 1" x 2 5/8" compatible with Avery 'B5160/8160 l^iquotte de format 25 mm x 67 mm compatible nvec Avery'^5160/8160 0918/09 (.SQAJ8AV38AB 8|qiieduioo ww £9 x wiu gg JBUIJOJ sp susnbll? /S2X,,|. sz\s |ac|B| RITCHIE DEBRA L 6686 LEMON LEAF DR CARLSBAD, CA 92011-3432 STEPHEN & EILEEN TAMBURRINO 6688 LEMON LEAF DR CARLSBAD, CA 92011-3432 TABATA 6692 LEMON LEAF DR CARLSBAD, CA 92011-3432 ROBERT S & SUSAN ANTHONY 6675 LEMON LEAF DR CARLSBAD, CA 92011-3432 MOHR 6673 LEMON LEAF DR CARLSBAD, CA 92011-3432 LAURA SIAOSI 1205 PHOEBE PL CARLSBAD, CA 92011-3435 NEVIN & MARIA NAPOD 1201 PHOEBE PL CARLSBAD, CA 92011-3435 KELLY A MCENIRY 1202 PHOEBE PL CARLSBAD, CA 92011-3435 ALEXANDER J KIM 1206 PHOEBE PL CARLSBAD, CA 92011-3435 MATTHEW H & TINA KRIMMER 6659 LEMON LEAF DR CARLSBAD, CA 92011-3432 DOUGLAS M & ARIANNE LEIGH PO BOX 130082 CARLSBAD, CA 92013-0082 CHARLES L BAHNER PO BOX 365 CARLSBAD, CA 92018-0365 TABATA PO BOX 943 CARLSBAD, CA 92018-0943 LAS PLAYAS HOMEOWNERS ASSN CC PO BOX 1186 CARLSBAD, CA 92018-1186 LAS PLAYAS HOMEOWNERS ASSN PO BOX 1186 CARLSBAD, CA 92018-1186 LAS PLAYAS HOMEOWNERS ASSN C( PO BOX 1186 CARLSBAD, CA 92018-1186 KATHRYN M & JAMES PAZAN 559 HYGEIA AVE ENCINITAS, CA 92024-2602 ROBERT M & MARY LATAS 7450 OLIVETAS AVE D302 LA JOLLA, CA 92037-4965 CONSTANTINE G CASSAPAKIS 5024 VIEWRIDGE WAY OCEANSIDE, CA 92056-5412 SUSAN E WAITLEY PO BOX 2556 RANCHO SANTA , CA 92067-2556 WILDE HEYWOOD 1044 SANTA QUETA SOLANA BEACH, CA 92075-1529 NORMA G WALSH 21815 TICONDEROGA LN EL TORO, CA 92630-2313 QUIL-VANSOMPHONE 19188 REDFORD LN HUNTINGTON BE, CA 92648-2148 ALEX ROQUETA 2522 COSTERO MAGESTUOSO SAN CLEMENTS, CA 92673-6424 MARINERS POINT COMMUNITY ASSI 24800 CHRISANTA DR 200 MISSION VIEJO, CA 92691-4835 STANLEY C & MONICA ANDERSON 2005 NANTES WAY BAKERSFIELD, CA 93311-1564 WILLIAM H & SUZETTE BURD *M* 218 FIELDCREST CT DANVILLE, CA 94506-1413 DALE A & LINDA CAMPBELL *B* 25560 SE YAHWEH LN DAMASCUS, OR 97089-6307 DAMON D & KRISTIN TKOCH 14117 SW 283RD ST VASHON, WA 98070-8729 JEAN S TYSON *M* PO BOX 2950 PORT ANGELES, WA 98362-0336 label size 1" x 2 5/8" compatible with Avery -5160/8160 Etiquette tie format 25 mm x 67 mm compatible avec'Avery"5160/8!60 091-8/09 |.S<s;AJ9AV38Ae aiq^ediuoo mui ^g x uiiu gg JBIUJOJ ap &H 0918/09 IS© teAV IJJIM aiqiJBdiuoo ,,g/g z x „ i szjs |8qe| CURRENT RESIDENT 2353 LA COSTA AVE CARLSBAD, CA 92009-6923 CURRENT RESIDENT 6763 LONICERA ST CARLSBAD, CA 92011-3434 CURRENT RESIDENT 6765 LONICERA ST CARLSBAD, CA 92011-3434 CURRENT RESIDENT 6767 LONICERA ST CARLSBAD, CA 92011-3434 CURRENT RESIDENT 6769 LONICERA ST CARLSBAD, CA 92011-3434 CURRENT RESIDENT 6776 LONICERA ST CARLSBAD, CA 92011-3433 CURRENT RESIDENT 6774 LONICERA ST CARLSBAD, CA 92011-3433 CURRENT RESIDENT 6772 LONICERA ST CARLSBAD, CA 92011-3433 CURRENT RESIDENT 6770 LONICERA ST CARLSBAD, CA 92011-3433 CURRENT RESIDENT 6768 LONICERA ST CARLSBAD, CA 92011-3433 CURRENT RESIDENT 6766 LONICERA ST CARLSBAD, CA 92011-3433 CURRENT RESIDENT 7041 HERON CIR CARLSBAD, CA 92011-3975 CURRENT RESIDENT 7043 HERON CIR CARLSBAD, CA 92011-3975 CURRENT RESIDENT 7045 HERON CIR CARLSBAD, CA 92011-3975 CURRENT RESIDENT 1261 VERONICA CT CARLSBAD, CA 92011-3431 CURRENT RESIDENT 1254 VERONICA CT CARLSBAD, CA 92011-3431 CURRENT RESIDENT 1257 VERONICA CT CARLSBAD, CA 92011-3431 CURRENT RESIDENT 1253 VERONICA CT CARLSBAD, CA 92011-3431 CURRENT RESIDENT 1250 VERONICA CT CARLSBAD, CA 92011-3431 CURRENT RESIDENT 6690 LEMON LEAF DR CARLSBAD, CA 92011-3432 CURRENT RESIDENT 6692 LEMON LEAF DR CARLSBAD, CA 92011-3432 *** 22 Printed *** CURRENT RESIDENT 6675 LEMON LEAF DR CARLSBAD, CA 92011-3432 label size 1" x 2 5/8" compatible with Avery ^5160/8160 de format 25 mm ?; 67 mm compatible avec Avery%160/8160 GPA 07-05/ZC 06-04 SP 203(C)/LCPA 06-03 POINS ETTIA LN LON ICERA S T BRIARWOOD DRCAMI N O D E L A S O N D AS VERO NI C A CT L E M O N LE A F D RHERON CRGOLD FLOWE R R D C R Y S T ALLI NE DRBL UE POINT DRBO X W O O D C T GPA 07-05 / ZC 06-04 / SP 203(C) / LCPA 06-03 / CT 06-15 / CDP 06-22 / HDP 06-05 Tabata Ranch SITE MAP E L C A M INO REAL LA COSTA AVCOLLEGE BLCARLSBAD BL AVIARA PY MELROSE DR 2.9 AC BATIQUITOS DRPHOEBE PL SORA WY C AMI NO D E LAS ONDAS P O IN S E T T IA L N PEACH TREE RDMAR S H WREN STFIR TREE PLBOTTLE BRUSH WY BOXWOOD CT ASPEN CT GOLD FLOWER R DTEA TREE STFORSTERS TERN DRMAPLE LEAF DRCAMPHOR PL AVIARA PYBARBERRY PLBLUE POI NT DRHERON CRCRYSTALLINE DRLEMON LEAF DRL E M O N L E A F D RLONICERA STL ONICERA STV E R O NIC A CT0 300 600150 Feet GPA 07-05/ZC 06-04/ SP 203(C)/LCPA 06-03/ CT 06-15/CDP 06-22/HDP 06-05 Tabata Ranch Photo courtesy of “BING” Lot 1 Lot 2 Lot 3 Lot 4Lot 5 GPA 07-05/ LCPA 06-03 ZC 06-04/ LCPA 06-03 General Plan Zoning Local Coastal Program Zone 20 Specific Plan Growth Management CEQA August 5, 2009 –Planning Commission conducted a public hearing for the Tabata Ranch project. No members of the public spoke. Planning Commission voted 6-0 to recommend adoption of a Mitigated Negative Declaration, Mitigation Monitoring & Reporting Program, and Addendum, and to recommend approval of a General Plan Amendment, Zone Change, Local Coastal Program Amendment , and Specific Plan Amendment. That the City Council ADOPT Resolution No. 2009-243, ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and APPROVING General Plan Amendment (GPA 07-05), and Local Coastal Program Amendment (LCPA 06-03), and INTRODUCE Ordinances No. CS-064 and CS-065, APPROVING a Zone Change (ZC 06-04) and a Specific Plan Amendment (SP 203(C)), based upon the findings and subject to the conditions contained therein. Lemon Leaf Drive Lonicera Street Lemon Leaf Drive Lonicera Street