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HomeMy WebLinkAbout2012-03-27; City Council; 20855; Rancho Milagro GPA 06-03 ZC 06-02 HDP 06-01CITY OF CARLSBAD - AGENDA BILL 13 AB# MTG. DEPT. 20.855 3/27/12 CED RANCHO MILAGRO GPA 06-03/ZC 06-02/HDP 06-01 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER CS-177 APPROVING a RECOMMENDED ACTION: That the City Council hold a public hearing and INTRODUCE Ordinance No Zone Change (ZC 06-02); and ADOPT Resolution No. 2012-076 ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum; and APPROVING a General Plan Amendment (GPA 06-03) and Hillside Development Permit (HDP 06-01), based upon the findings and subject to the conditions contained therein. ITEM EXPLANATION: Project Application(s) Administrative Approvals Planning Commission City Council Environmental Review (MND) RA X GPA 06-03 RA X ZC 06-02 RA X CT 06-04 X SUP 06-05 X HDP 06-01 RA X HMP 09-01 X RA = Recommended Approval X = Final City decision-making authority ^ = requires Coastal Commission approval On February 15, 2012, the Planning Commission conducted a public hearing and recommended to the City Council approval (7-0) of a Mitigated Negative Declarafion and Mitigafion Monitoring and Reporting Program and Addendum, General Plan Amendment, Zone Change, and Hillside Development Permit associated with the subdivision and grading of a 43.58-acre site into 25 lots (19 single-family residential and 6 open space) on property generally located approximately one half-mile northeast of the intersecfion of College Boulevard and El Camino Real, in the Sunny Creek Specific Plan Area (SP 191) and Local Facilities Management Zone 15. The proposed General Plan Amendment and Zone Change will change the General Plan Land Use designations on the property from Residential Low-Medium Density (RLM, 0-4 du/ac), Residenfial High Density (RH, 15-23 du/ac), Open Space (OS), Commercial (C), and Office (O) to Residential Low- Medium Density (RLM, 0-4 du/ac) and Open Space (OS), and will change the City Zoning designations on the property from One-Family Residential, 20,000 square foot minimum lot size (R-1-20,000), Open Space (OS), and Limited Control (L-C) to One-Family Residenfial, 0.5-acre minimum lot size. Qualified Development Overiay (R-1-0.5-Q) and OS. City Council approval of the Hillside Development Permit is required pursuant to SP 191. At the same hearing, the Planning Commission also approved (7-0) a Tentative Tract Map (CT 06-04) Special Use Permit (SUP 06-05), and Habitat Management Plan Permit (HMP 09-01). DEPARTMENT CONTACT: Jason Goff 760-602-4643 iason.aoff@carisbadca.aov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED • • • CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER - SEE MINUTES • Page 2 The Planning Commission heard testimony from two members of the public. A full disclosure of the Planning Commission's actions and a complete descripfion 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 legislative and discretionary actions. FISCAL IMPACT: There are no fiscal impacts from the proposed project. All public facilities required to complete this project will be funded and/or constructed by the developer. ENVIRONMENTAL IMPACT: Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Tifie 19) of the Carisbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potenfially significant impact on the environment. The environmental impact assessment identified potenfially significant impacts to biological resources, cultural resources, geology and soils, as well as exposure of people or structures to wildland fire. Mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. Consequenfiy, a Notice of Intent to adopt a Mitigated Negative Declarafion (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper and sent to the State Clearinghouse (SCH#2011081091) for public agency review. Two public comment letters were received during the 30-day public review period from August 25, 2011 to September 26, 2011, along with a request from the San Luis Rey Band of Mission Indians for 10 addifional days to review and comment. The comment letter from the Native American Heritage Commission (NAHC) was received on September 22, 2011. No response to comments was necessary, as compliance with all points of the NAHC comment letter had already been addressed through compliance with Senate Bill 18 procedures pertaining to Native American Consultation. The comment letter from Preserve Calavera was received on September 26, 2011. Comments were raised relafing to Biological Resources, Hydrology, and Traffic. Following closure of the 30-day public review period, a joint comment letter/HMP Consistency Determination from the United States Fish &. Wildlife Service (USFWS) and the California Department of Fish & Game (DFG), collectively referred to as the Wildlife Agencies, was received on September 27, 2011 acknowledging that the project was consistent with the City of Carisbad's HMP. No response letter was necessary. Comments were later received from the San Luis Rey Band of Mission Indians on October 7, 2011 requesting minor changes to Cultural Resources Mitigafion Measure No. 19 a-f as it pertains to Nafive American involvement. A response letter addressing the concerns of the San Luis Rey Band of Mission Indians was sent on January 5, 2012, while a response letter to Preserve Calavera was sent on February 1, 2012. Both letters are included as attachments to the back of the MND (see Planning Commission Resolufion No. 6860). An addendum has also been prepared in accordance with Section 15164 of CEQA to include a revision to Biological Resources Mitigation Measure No. 15 and Cultural Resources Mitigation Measure No. 19 a-f. These revisions have no new significant environmental effects not analyzed in the previously circulated MND, and none of the circumstances requiring recirculation or a subsequent Mifigated Negative Declaration under CEQA Guidelines Section 15162 exist. EXHIBITS: 1. City Council Ordinance No. CS-177 2. City Council Resolution No. 2012-076 3. Location Map 4. Planning Commission Resolutions No. 6860, 6861, 6862, 6863, 6864, 6865, and 6866. 5. Planning Commission Staff Report dated February 15, 2012. 6. Draft Excerpts of Planning Commission Minutes, dated February 15, 2012. 1 ORDINANCE NO. CS-177 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF 3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE (ZC 06-02) 4 FROM LIMITED CONTROL (L-C), ONE-FAMILY RESIDENTIAL- 20,000 SQUARE FOOT MINIMUM LOT SIZE (R-1-20,000), AND 5 OPEN SPACE (OS) TO ONE-FAMILY RESIDENTIAL-0.5 ACRE MINIMUM LOT SIZE-QUALIFIED DEVELOPMENT OVERLAY (R- 6 1-0.5-Q) AND OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED APPROXIMATELY ONE HALF-MILE NORTHEAST 7 OF THE INTERSECTION OF COLLEGE BOULEVARD AND EL CAMINO REAL, IN THE SUNNY CREEK SPECIFIC PLAN AREA 8 (SP 191) AND LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: RANCHO MILAGRO 9 CASE NO.: ZC 06-02 WHEREAS, the City Council did on the 27*^ day of March, hold a duly noficed 11 public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit "ZC 06-02 - Rancho Milagro," dated February 15, 2012, attached hereto and made a part hereof; and WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council considered ali factors relating to the ZC 06-02 - Rancho Milagro. NOW, THEREFORE, the City Council of the City of Carisbad does ordain as 12 13 16 17 18 19 follows 20 SECTION I: That section 21.50.030 of the Carisbad Municipal Code, being the 2j zoning map, is amended as shown on the map mari<ed "ZC 06-02 - Rancho Milagro," dated 22 February 15, 2012, attached hereto and made a part hereof. 23 SECTION II: That t;he findings and condifions of the Planning Commission in 24 Planning Commission Resolution No. 6862 shall also constitute the findings and conditions of 25 the City Council. /// /// 26 27 28 •1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its 2 adopfion, and the City Clerk shall certify to the adopfion of this ordinance and cause it to be 3 published at least once in a publication of general circulation in the City of Carisbad within 4 fifteen days after its adoption. 5 INTRODUCED AND FIRST READ at a regular meefing of the Carisbad City 6 Council on the 27th day of March 2012, and thereafter. 7 /// 8 /// 9 III 10 /// 11 /// 12 /// 13 /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- PASSED AND ADOPTED at a regular meefing of the City Council of the City of Carisbad on the day of 2012, by the following vote, to wit: AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: APPROVED AS TO FORM AND LEGALITY MATT HALL, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) 10 RONALD R. BALL, City Attomey 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit "ZC 06-02' February 15, 2012 ZC 06-02 Rancho Milagro L-C C-M EXISTING / I O-S r'"'^ N. N V / /^s R-1-.5-Q / / / / / A A ^ \ \ O-S PROPOSED Related Case File No(s): GPA 06-03 / CT 08-04 / SUP 06-05 / HDP 06-01 HMP 09-01 General Plan Land Use Designation Changes Property From: To: A. 209-060-61-00 R-1-20000/O-S/L-C R-1-.5-Q/0-S B. C. EXHIBIT 2 7 10 follows: The City Council of the City of Carisbad, California, does hereby resolve as 1 RESOLUTION NO. 2012-076 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 AN AMENDMENT TO THE LAND USE MAP AND OFFICIAL OPEN SPACE & CONSERVATION MAP OF THE 5 GENERAL PLAN TO CHANGE THE LAND USE DESIGNATIONS FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 6 DU/AC), RESIDENTIAL HIGH DENSITY (RH, 15-23 DU/AC), OPEN SPACE (OS), COMMERCIAL (C), AND OFFICE (O) TO RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) AND OPEN SPACE (OS); AND APPROVING A HILLSIDE DEVELOPMENT PERMIT ON A 43.58 ACRE PROPERTY GENERALLY LOCATED APPROXIMATELY ONE HALF-MILE 9 NORTHEAST OF THE INTERSECTION OF COLLEGE BOULEVARD AND EL CAMINO REAL, IN THE SUNNY CREEK SPECIFIC PLAN AREA (SP 191) AND LOCAL FACILITIES MANAGEMENT ZONE 15. 11 CASE NAME: RANCHO MILAGRO CASE NO.: GPA 06-03/HDP 06-01 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on February 15, 2012, hold a duly noficed public hearing as prescribed by law to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, as referenced in Planning Commission Resolution No. 6860, General Plan Amendment 06-03, according to Exhibit "GPA 06-03" attached to Planning Commission Resolution No. 6861, and Hillside Development Permit 09-01 as referenced in Planning Commission Resolufion No. 6865; and the Planning Commission adopted Planning Commission Resolufions No. 6860, 6861, and 6865 recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carisbad, on the 27th day of March , 2012, held a duly noficed public hearing to consider said Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, General Plan Amendment, and Hillside Development Permit; and WHEREAS, at said public hearing, upon hearing and considering all tesfimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 7 1 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 2 and Addendum, General Plan Amendment, and Hillside Development Permit. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 4 of Carisbad as follows: ^ 1. That the above recitations are true and correct. ^ 2. That the recommendation of the Planning Commission for the adopfion of a Mitigated Negative Declaration and Mifigafion Monitoring and Reporting Program and Addendum; and the approval of a General Plan Amendment (GPA 06-03) and Hillside Development Permit (HDP 06-01) are adopted and approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. ^ 6860, 6861, and 6865 on file with the City Clerk and incorporated herein by reference, are the findings and condifions ofthe City Council 10 3. That the application for an amendment to the Land Use Map and Official 11 Open Space & Conservation Map of the General Plan to change the land use designations from Residential Low-Medium Density (RLM, 0-4 du/ac), Residential High Density (RH, 15-23 du/ac), 12 Open Space (OS), Commercial (C), and Office (O) to Residenfial Low-Medium Density (RLM, 0- 4 du/ac) and Open Space (OS) on a 43.58 acre property generally located approximately one 13 half-mile northeast of the intersection of College Boulevard and El Camino Real, in the Sunny Creek Specific Plan (SP 191) and Local Facilities Management Zone 15, as shown in Planning 14 Commission Resolufion No. 6861, is hereby accepted and approved, and shall be effective no sooner than thirty days after its adoption, 15 4. This action is final the date this resolufion is adopted by the City Council. 16 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 17 18 The time within which judicial review of this decision must be sought is governed 19 by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carisbad by Carisbad Municipal Code Chapter 1.16. Any petifion or other paper seeking review 20 must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a 21 request for the record is filed with a 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 22 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 23 request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carisbad, 1200 Carisbad Village Drive, Carisbad, CA. 92008. 25 26 27 28 "NOTICE TO APPLICANT" /// /// /// -2- % 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of March 2012, by the following vote to \N\t AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: (SEAL) INE M. WOOD, City Clerk ''tiwww^^ EXHIBIT 3 SITEMAP N NOT TO SCALE Rancho Milagro GPA 06-03 / ZC 06-02 / CT 06-04 SUP 06-05 / HDP 06-01 / HMP 09-01 10 EXHIBIT 4 5 26 27 28 PLANNING COMMISSION RESOLUTION NO. 6860 1 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 SUBDIVISION OF A 43.58 ACRE SITE INTO 25 LOTS (19 6 RESIDENTIAL LOTS AND 6 OPENS SPACE LOTS) ON PROPERTY GENERALLY LOCATED APPROXIMATELY 7 ONE HALF-MILE NORTHEAST OF THE INTERSECTION OF COLLEGE BOULEVARD AND EL CAMINO REAL, IN THE SUNNY CREEK SPECIFIC PLAN (SP 191) AND LOCAL 9 FACILITIES MANAGEMENT ZONE 15. CASE NAME: RANCHO MILAGRO 10 CASE NO.: GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/ HDP 06-01/HMP 09-01 11 j2 WHEREAS, Warren C. Lyall, "Developer," has filed a verified applicafion 13 with the City ofCarlsbad regarding property owned by Lyall Enterprises, Inc., "Ovmer," 14 described as: Remainder Parcel "A" of Carlsbad Tract 96-02 according to 1^ map thereof No. 11242, filed in the office of the County Recorder of San Diego County on October 27, 2000 all in the 17 City of Carlsbad, County of San Diego, State of California, and 18 "K" Street Remainder Parcels of Carlsbad Tract 00-18, 19 20 21 22 2^ WHEREAS,, the Planning Commission did on February 15, 2012, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all tesfimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declarafion and Mitigation Monitoring and Reporting Program and Addendum. ("the Property"); and WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum were prepared in conjunction with said project; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Mitigated Negafive Declaration and Mitigation Monitoring and Reporting Program and Addendum, Exhibit "MND," according to Exhibits "Nofice of Intent (NOI)," and "Environmental Impact Assessment Form - Inifial Study (EIA),"' and Addendum, Exhibit "ADDM" attached hereto and made a part hereof, based on the following findings: Fmdings: 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered the Mitigated Negafive Declarafion and Mitigation Monitoring and Reporting Program and Addendum for Rancho Milagro - GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and b. c. the Mitigated Negafive Declarafion and Mitigation Monitoring and Reporting Program and Addendum have been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State Guidelines and the Environmental Protecfion Procedures ofthe City ofCarlsbad; and 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. 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 exacfions are imposed to mifigate impacts caused by or reasonably related to the project, and the extent and the degree ofthe exacfion is in rough proportionality to the impact caused by the project. PC RESO NO. 6860 -2-P PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on February 15, 2012, by the following vote, to wit: ^ AYES: Chairperson Schumacher, Commissioners Amold, Black, L'Heureux, Nygaard, Scully and Siekmann 6 " 7 8 9 ABSTAIN: NOES: ABSENT: 10 11 ^ ^ MICHAEL SCHUMACHER, ChairpersoK^ 13 CARLSBAD PLANNING COMMISSION L SCHUMACHERTi ATTEST: 14 15 16 17 DON NEU 18 City Planner 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6860 13 V CARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: Rancho Milagro CASE NO: GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 PROJECT LOCATION: The proposed project is located approximately one half-mile northeast of the intersection of College Boulevard and El Camino Real, within the northeast quadrant of the city of Carlsbad, county of San Diego, state of California, Assessor's Parcel Number 209-060-61 and a portion of 209-060-23. PROJECT DESCRIPTION: The proposed project consists of subdividing a 43.58-acre parcel into nineteen (19) minimum half-acre single-family residential lots, four (4) open space conservation lots, and two (2) homeowner's association maintained open space lots. The proposal is a large-lot rural estate subdivision for future development of custom single-family residences. The project involves a General Plan Amendment (GPA), Zone Change (ZC), Tentative Subdivision Map (CT), Floodplain Special Use Permit (SUP), Hillside Development Permit (HDP), and Habitat Management Plan (HMP) Permit. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation ofthe California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carisbad. 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 Carisbad Planning Commission. A copy ofthe initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Division, 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 Division within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carisbad Planning Commission. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Jason Goff in the Planning Division at (760) 602-4643. PUBUC REVIEW PERIOD August 25, 2011 - September 26. 2011 PUBLISH DATE August 25. 2011 Planning Division |4 1635 Faraday Avenue, Carisbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® MITIGATED NEGATIVE DECLARATION CASE NAME: RANCHO MILAGRO CASE NO: GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 PROJECT LOCATION: Approximatelv one half-mile northeast of the intersection of College Boulevard and El Camino Real, within the northeast quadrant ofthe city ofCarlsbad. county of San Diego, state of California. Assessor's Parcel Number 209-060-61 and a portion of 209-060-23. PROJECT DESCRIPTION: The proposed project consists of subdividing a 43.58-acre parcel into nineteen (19) minimum half-acre single-family residential lots, four (4) open space conservation lots, and two (2) homeowner's association maintained open space lots. The proposal is a large-lot rural estate subdivision for future development of custom single-family residences. The project involves a General Plan Amendment (GPA), Zone Change (ZC), Tentative Subdivision Map (CT), Floodplain Special Use Permit (SUP), Hillside Development Permit (HDP), and Habitat Management Plan (HMP) Permit. DETERMINATION: The City of Carisbad has conducted an environmental review ofthe above described project pursuant to the Guidelines for Implementafion of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carisbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City ofCarlsbad finds as follows: 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. • 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 eariier 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). n Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because ali potentially significant effects (a) have been analyzed adequately in an eariier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that eariier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenfing reasons to support the Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carisbad, California 92008. ADOPTED: [CLICK HERE date! . pursuant to FCLICK HERE Administrative Approval. PC/CC Resolution No., or CC Ordinance No.l ATTEST: DONNEU City Planner .^j ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DIVISION) CASE NO: GPA 06-03/ZC 06-02/CT 06-04/SUP 06-Q5/HDP 06-01/HMP 09-01 DATE: 07/18/2011 BACKGROUND 1. CASE NAME: Rancho Milagro 2. LEAD AGENCY NAME AND ADDRESS: CityofCarlsbad 3. CONTACT PERSON AND PHONE NUMBER: Jason Goff. Associate Planner 4. PROJECT LOCATION: The proiect site is located approximatelv one half-mile northeast ofthe intersection of College Boulevard and El Camino Real, within the northeast quadrant ofthe city of Carlsbad, county of San Diego, state of Califomia, Assessor's Parcel Number 209- 060-61 and a portion of 209-060-23. 5. PROJECT SPONSOR'S NAME AND ADDRESS: Jack Henthom & Associates. P.O Box #237. Carlsbad. CA 92018 6. GENERAL PLAN DESIGNATION: RLM/OS/RH/C/O 7. ZONING: R-1-20.000/OS/L-C OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): United States Army Com of Engineers. San Diego Water Quality Control Board PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND - USES: The proposed proiect consists of subdividing a 43.58-acre parcel into nineteen (\9) minimum half-acre single-family residential lots, four (4) open space conservation lots, and two (2) homeowner's association maintained open space lots. The proposal is a large-lot mral estate subdivision for fiiture development of custom single-family residences. The proiect involves a General Plan Amendment (GPAl Zone Change (ZC\ Tentative Subdivision Map rCT\ Floodplain Special Use Permit TSUP). Hillside Development Permit rHDP). and Habitat Management Plan THMP) Permit. The proiect site is located in the northeast quadrant of the city of Carlsbad, approximately one half-mile northeast ofthe intersection of College Boulevard and El Camino Real, and is currentiy accessed by a dirt road off of Sunny Creek Road. The site is within the Zone 15 Local Facilities Management Plan and also the Sunny Creek Specific Plan. The Sunnv Creek Specific Plan establishes standards for the residential development of the area and is intended to promote a rural estate atmosphere. The existing environment of tiie subiect property can be generally characterized as mral. The specific deveiopment area is situated on a previously disturbed portion of the property in the GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO northem boundarv. which is presentiy used for agriculture. Upland and riparian/wetiand habitats surround this area within the northem quarter and southem half of the property. Topographically. the propertv ranges from approximatelv 80 feet above mean sea level (MSL) in the southwesterly portions of the propertv to approximately 200 feet above MSL in the northeasterly portions of tiie propertv. Agua Hedionda Creek flows from east to west through the southem quarter of the propertv and an unnamed tributary of Agua Hedionda Creek flows from east to west through the property's northem quarter. The surrounding environment can be generallv characterized as mral. interspersed by agricultural fields, native habitat, and scattered residential estate and ranch type properties. To the north is the Cantarini propertv, which was previouslv developed in agriculture, but is presently fallow. This property is entitied with an approved residential subdivision known as Cantarini Ranch (CT 00-18), and will eventually be developed with 105 single-familv residential lots (half-acre minimum lot sizes), an 80 unit multiple-family residential apartment complex, and several open space lots. To the soutii is an existing 172 small lot single-familv residential development known as the Terraces at Sunnv Creek rCT 96-02). a multiple-family apartment complex, and tiie Madonna Hill assisted living facilitv. To the east, the subiect property is bounded bv five large parcels of land, three of which are estate/ranch tvpe properties with single-family residences, one is developed in agriculture (northeast parcel, known as the Mandana property), and tiie other (southeast parcel) is developed with a landscaping business (Brickman Landscaping) which takes access off of Cougar Drive near its intersection with El Camino Real. To the west is a parcel of land known as the Barlow propertv. which is developed with a single-familv residence, several small outbuildings, horse stables, and an outdoor equestrian riding facility. The proposed development area has a General Plan Land Use designation of Residential Low- Medium Densitv (RLM, 0-4 du/ac) and a Zoning designation of One-Family Residential (R-l- 20,000). The development area will consist of the nineteen (19) single-familv residential lots, a public street and cul-de-sac totaling approximatelv 14.28 acres, or 33% of the site. Residential Lots 1-19 range in size from 21.780 square feet (0.5 acres) to 27.050 square feet (0.621 acres). The proiect densitv (1.14 dweUing units per acre) and type of development (one-familv residential on half-acre minimum lot sizes) are consistent with the General Plan and Zoning designations and also the development standards of the Sunnv Creek Specific Plan. Vehicle access to the proiect site will be provided by a proposed public street that will connect via the proposed extension of College Boulevard through Streets "A" and "K" of the approved Cantarini Ranch proiect. which is adiacent to the north. The proiect proposal includes a total of six (6) open space lots. Open Space Lot 22 includes a proposed bio-filtration detention basin for tiie proiect. is approximatelv 29.248 square feet in size, and will be maintained bv a future homeowner's association. Open Space Lot 25 includes a riparian overlook seating area, is approximately 5.023 square feet in size, and will also be maintained by a future homeowner's association. Open Space Lots 20. 21. 23. and 24 total approximately 29.3 acres, or 67% of the total propertv area, and will be conserved for natural habitat in conformance with the Citv's HMP. The General Plan Amendment is intended to re-configure the existing RLM General Plan Land Use designation to clearly distinguish the proposed development area from the open space, and to designate the proposed open space areas as Open Space (OS) on tiie General Plan Land Use Map and Official Open Space & Conservation Map. It is also intended to correct two (2) small remnant RH/C/O General Plan Land Use designations along the southem boundarv of the property, which will be re-designated as OS. Rev. 06/29/10 1 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO The Zone Change is intended to re-configure tiie existing R-1-20.000 Zoning designation to clearlv distinguish tiie proposed development area from tiie open space, and to designate the proposed open space areas as Open Space (OS) on the City of Carlsbad's Zoning Map. To implement the half-acre minimum lot size requirement of the Sunny Creek Specific Plan, the Zone Change includes re-designating the existing R-1-20.000 to R-l-O.5-0. The Qualified Development Overiav Zone ("O" Overiay) is intended to be applied to properties with unique circumstances such as those proposed to be developed as hillside development or otiier physically sensitive areas. The "0" Overiav supplements the underiving zoning bv providing additional regulations for development and wiU insure tiiat the future development is compatible with the Sunny Creek Specific Plan. Also included in the proposed Zone Change is a remnant L-C Zoning designation along the southem boundarv of the property, which will be re-designated as OS. A Floodplain Special Use Permit (SUP) is required to excavate and install a new sewer line on the nortii side of Agua Hedionda Creek in a portion of a special flood hazard area (i.e.. 100 vear flood zone). Part of the Rancho Milagro project includes constmcting the extension of a sewer line across Agua Hedionda Creek, in accordance with the approved South Agua Hedionda Interceptor Sewer (SAHT IE Phase IT) proiect (Improvement Plans DWG No. 361-6E). That project has heen previously analyzed by EIA 97-05 and approved bv Citv of Carisbad Resolution No. 2000-106 (April 4, 2000). Impacts attributable to the Soutii Agua Hedionda Interceptor Sewer (SAHT IE Phase ID proiect have already been assessed and mitigated and therefore are not being re- analyzed as part of the Rancho Milagro project. Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO ENVIRONMENTAL FACTORS POTENTULLY AFFECTED: The summaiy of environmental factors checked below would be potentially affected by this project mvolvmg at least one impact tiiat is a "Potentially Significant Impact," or "Potentially SignLant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages I I Aesthetics O Agricultural and Forestry Resources • Air Quality ^ Biological Resources Cultural Resources Geology/Soils n Greenhouse Gas Emissions Q Populafion and Housing 1^ Hazards/Hazardous Materials Q Public Services O Hydrology/Water Quality I I Land Use and Planning Mineral Resources I I Noise I I Recreation • Transportation/Traffic Utilities & Service Systems Mandatory Findings of Significance Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO DETERMINATION. (To be completed by the Lead Agency) n I find tiiat tiie proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. ^ I find tiiat altiiough tiie proposed project could have a significant effect on tiie environment, there will not be a significant effect in tiiis case because tiie mitigation measures described on an attached sheet have been added to tiie project. A MITIGATED NEGATIVE DECLARATION will be prepared. O I find tiiat tiie proposed project MAY have a significant effect on tiie environment, and an ENVIRONMENTAL IMPACT REPORT is required. O I find that tiie 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 tiie effects that remain to be addressed. n I find tiiat altiiough tiie proposed project could have a significant effect on the environment, tiiere WILL NOT be a significant effect in tiiis 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 tiiat are imposed upon tiie proposed project. Therefore, notiiing further is required. Date 7-/?-// City Planner's Signature Date Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires tiiat tiie City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on tiie environment. The Environmental Impact Assessment appears in the following pages in tiie form, of a checklist. This checklist identifies any physical, biological and human factors tiiat might be impacted by the proposed project and provides tiie City with information to use as tiie basis for deciding whetiier 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 tiie impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when tiiere 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 tiiere is supporting evidence tiiat the-potential impact is not significantiy 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 tiie City must describe tiie 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 significantiy adverse. • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on tiie 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 tiiat earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of tiie circumstances requiring a supplement to or supplemental EIR are present and all tiie 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 tiian 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. An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to tiie following circumstances: (1) tiie potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and tiie developer does not agree to mitigation measures tiiat reduce the adverse impact to less tiian 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 tiian significant; or (4) through tiie GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO EIA-Initial Study analysis it is not possible to determine tiie level of significance for a potentially adverse ettect, or determine tiie effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and tiie proposed mitigation measures appears after each related set of questions signifilnt^^^^^^^^ ^'^^"^ '° discussing mitigation for impacts, which would otiierwise be determined GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO L AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, frees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of tiie site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in tiie area? Potentially Sigmficant Impact PotentiaUy Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • • X • • • X • • • • • • a-c) No Impact. The subject property is located witiiin the Sunny Creek Specific Plan Area (SP 191) which was adopted by the City of Carlsbad in 1985. The existing environment of the subject property can be generally characterized as rural. The proposed development area of tiie property is largely in agricultural use witii upland and npanan/wetiand habitats located witiiin tiie northem quarter and soutiiern half of the property. The proposed project is situated on a hill which offers valley views in tiie nortiiwesteriy direction towards the Robertson Ranch and Calavera Hills development areas. Agua Hedionda Creek flows from east to west along soutiiern quarter of the property, and an unnamed tributary of Agua Hedionda Creek flows from east to west within the northern quarter of the property. M ^ The Sunny Creek Specific Plan (SP 191) establishes guidelines and development standards tiiat promote a rural estate atmosphere and which serve to preserve tiie unique environmental resources within the area The plan mcludes development standards, design criteria, and density patterns tiiat are intended to preserve tiie residential estate-type character of tiie Sunny Creek area. The density pattem of the Specific Plan allows for single-family development witii half-acre minimum lot sizes. The project is designed to be consistent witii tiie Sunny Creek Specific Plan. Through its compUance with tiie Specific Plan the project will not substantially damage any scenic resources, and no substantial degradation ofthe existing visual character or quality of tiie site and its surroundings will occur. Since tiie project site is not Hsted as includmg any scenic vistas in either the City's General Plan or the Sunny Creek Specific Plan, no substantial adverse effect on any scenic vistas is assessed. Since the existing project site does not include any buildings on-site the proposed project will not have any effect on historic buildings. Lastiy, tiie proposed development area is not located within tiie view shed of a State scenic highway or any State highway tiiat is designated by tiie California Department of Transportation as eligible for listing as a scenic highway. Therefore, no aestiietic impacts are assessed. d) Less Than Significant Impact. The proposed single-family residential subdivision will introduce new street hghts and eventually residential lighting to an area which is presentiy characterized as rural. The existing Terraces at Sunny Creek project and tiie multiple-family residential apartment complex located adjacent to the soutii already includes street hghts, parking lot lights, and residential outdoor lighting, as does the El Camino Real corridor located just beyond. The approved Cantarini Ranch project, which is located adjacent to tiie nortii and is expected to develop ahead of tins project, will also include similar stteet lights and outdoor residential lighting conditions .While the proposed project is anticipated to generate new sources of light, which will shghtiy increase ambient hghting conditions m the area, it is not expected that the project will contribute a significant amount of light or glare 1 herefore, a less Uian significant impact is assessed. P3 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO n. AGRICULTURAL AND FOREST RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to tiie Cafifornia 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. In determining whether impacts to forest resources, including timberland, are significant envu-onmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.) Would die 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact • • • b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberiand (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? • • • • • • Kl • • • S • • Kl • a) Less Than Significant Impact. The Farmlarid Mapping and Monitoring Program (FMMP) is implemented by tiie California Department of Conservation (CDC), Division of Land Resource Protection and recognizes tiie suitability of land for agricultural production. The FMMP is non-regulatory and was developed to inventory land and provide categorical definitions of important farmlands to provide consistent and impartial data to decision makers for use in assessing present status, reviewing trends, and planning for tiie fiiture of California's agricultural land resources. GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO TTie most recent mapping prepared for tiie project site (RECON Number 3889-lB, November 19, 2010) is based on the California Resource Agency mapping prepared pursuant to tiie Farmland Mapping and Monitoring Program It indicates that tiie site contains a total of approximately 12 acres of Unique Farmland; 23 acres of Locally Important Farmland; and 0.25 acres of Statewide Important Farmland. There is also 8.26 acres of "Otiier Land" present in the southern part of tiie site, which is of a lower tier tiiat typically does not have any agricultural value. These comprise u'^f »'^^^'rff agricultural land. An additional 0.37 acre of land witiiin tiie study area is identified as ono'rLn oof . casement area located on tiie adjacent parcel (APN 209-(^60-23) withm an existing road, and does not support any agricultural value. Of tiie two top tiers, no Prime Farmland is present on tiie site, and 0.25 acres of Statewide Important Farmland is identified along the nortiieastera periphery of tiie property. The project proposes to convert 10 acres of Unique farmland which is defined as having lesser quality soils (no prime soils or sotis constituting statewide importance) being used in the production of the State's leading agncultural crops. In addition, 2 acres of Locally Important Farmland, and 0.21 acres of Statewide Important Farmland would be affected. ^ The definition of Locally limportant Farmland is delegated to the County. This land is defined by the Countv as land tiiat meets all of the characteristics of Prime and Statewide witii the exception of irrigation. Lands not meeting this^defimtion can be included if tiiey show a good history of production of locally adapted truck crops and orchard The project proposes to cluster development within the central portion ofthe site, and the remainder, approximately 67% of tiie site, would be preserved in open space. The development proposal will preserve almost 100% of the Locally Important Farmland and a portion ofthe Statewide Important Farmland. The policy of the City of Carlsbad tiirough its General Plan is to accommodate conversion of agricultural lands to uses consistent with the policies of the General Plan. These policies can be found in the Land Use Element of the General Plan (amended September 14, 2010) and the Open Space and Conservation Element of tiie General Plan (amended November 7, 2006). The conversion of tiiese areas is consistent with the City of Carlsbad's General Plan and Habitat Management Plan (see Biology Resources Section TV). Therefore, impacts are considered less tiian significant. b) No Impact. The subject site is not encumbered by any Williamson Act contracts. Therefore, no impact is assessed. c-d) No Impact. The subject site does not contain any timberiand or forest land. Therefore, no impact is assessed. e) Less Than Significant Impact. The properties located on the northern and western boundaries ofthe subject site have afready been approved for or are currentiy in the process of converting from agriculture to a residential use consistent witii the City's General Plan. The properties to the soutii (i.e.. The Terraces at Sunny Creek and Multiple- family apartment complex) are akeady developed witii residential uses witii portions restticted to open space The adjacent properties to tiie east are designated by the General Plan for residential uses and are subject to tiie" same conversion policies as tiie subject site. Therefore, changes in the existing environment tiirough facility extension would have a less than significant impact on decisions related to conversion of farmland to non-agricultural uses 10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO in. AIR QUALITY - (Where available, tiie significance criteria estabhshed by the applicable air quality management or air pollution conttol disttict may be relied upon to make the following determinations.) Would the project: a) Conflict with or obsttuct implementation of tiie applicable air quality plan? b) Violate any air quality standard or conttibute substantially to an existing or projected air quality violation? c) Resuh 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 concenttations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact • • • • • Kl m • • • Kl • • • • s • • K • a) No Impact. The project site is located in tiie San Diego Air Basin which is a state non-attainment area for ozone (O3) and for particulate matter less tiian or equal to 10 microns in diameter (PMjo). 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 tiiat a plan be developed outiining the pollution conttols that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in tiie Regional Air Quality Sttategies (RAQS) developed jointiy by the Air Pollution Conttol Disttict (APCD) and tiie San Diego Association of Governments (SANDAG). A Plan to meet tiie federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined witii plans from all otiier California non-attainment areas having serious ozone problems and used to create tiie California State Implementation Plan (SIP). The SIP was adopted by tiie Au- Resources Board (ARB) after public hearings on November 9* through 10* in 1994, and was forwarded to tiie Envuronmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding au-sheds witii the worst smog problems, EPA approved tiie 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 tiie au: quahty planning document. These growth assumptions are based on each City's and tiie County's General Plan. If a proposed project is consistent with its applicable General Plan, tiien tiie project presumably has been anticipated witii tiie regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(d) of tiie State of Cafifornia Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between tiie proposed project and tiie applicable air quality management plan. Transportation Conttol Measures (TCMs) are part of tiie RAQS. The RAQS and TCM plan set 11 P*»i7 rtcnann GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO fortii tiie steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whetiier a project conforms with tiie 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 tiie San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with tiie growth assumptions in the regional air quality plan and will in no way conflict witii or obsttuct 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 tiiis monitoring site from 2000 tiurough December 2004 indicate tiiat the most recent air quality violations recorded were for tiie state one hour standard for ozone (a total of 10 days during tiie 5-year period). No other violations of any air quality standards have been recorded during tiie 5-year time period. The project would involve minimal short-term emissions associated witii grading and consttuction. Such emissions would be minimized through standard constinction measures such as tiie use of properiy tuned equipment and watering the site for dust conttol. Long-term emissions associated with ttavel to and from tiie project will be minimal. Although air pollutant emissions would be associated with the project, tiiey would neither resuh in the violation of any air quality standard (comprising only an incremental contiibution to overall air basin quality readings), nor conttibute 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 currentiy in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contiibution to a cumulatively considerable potential net increase in emissions tiiroughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given tiie limited emissions potentially associated with the proposed project, air quality would be essentially the same whetiier or not the proposed project is implemented. According to the CEQA Guidehnes Section 15064(h)(3), the proposed project's incremental contiibution to the cumulative effect is not cumulatively considerable. Any impact is assessed as less than significant. d) No impact. As noted above, the proposed would not result in substantial pollutant emissions or concenttations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) Less Than Significant Impact. The consttuction of the proposed project could generate fumes from the operation of consttuction equipment, which may be considered objectionable by some people. Such exposure would be short-term or tiansient. In addition, tiie number of people exposed to such ttansient impacts is not considered substantial. Any impact is assessed as less than significant. 12 Rev 06/90/10 GPA 06-03/ZC 06-02/cf 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO IV. BIOLOGICAL RESOURCES - Would tiie project: a) Have a substantial adverse effect, either directiy or tiurough habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by Cafifornia Department of Fish and Game or U.S. Fish and Wildhfe Service? b) Have a substantial adverse effect on any riparian, aquatic or wetiand habitat or otiier sensitive natiiral 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 wetiands as defined by Section 404 of tiie Clean Water Act (including but not limited to marsh, vernal pool, coastal; etc.) through direct removal, filling, hydrological interruption, or otiier means? d) Interfere substantially with tiie movement of any native resident or migratory fish or wildlife species or with estabhshed native resident or migratory wildlife corridors, or impede the use of native wildhfe nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a ttee preservation policy or ordinance? f) Conflict with tiie provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or otiier approved local, regional, or state habitat conservation plan? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • X • • • • • • • • • Kl • • Kl • • Kl • • • • a-f) Potentially Significant Unless Mitigation Incorporated. The City of Carlsbad has an adopted Habitat Management Plan (HMP), whieh is a comprehensive, citywide, program to identify how the Qty in'^coopemton w.th the federal and state wildUfe agencies, can preserve the diversity of habitat and protect seJ^^iL bMoS resources wthm the Qty while allowing for additional development consistent with the City's GenerrPl™ and i^ .S„^rrT"' '° » '^^"^ ^« P«™« authorizaS for tie mc.dental take of sensitive species in conjunction with private development projects, public projects and other rrpritLTorrs:^'**^^ Msth^irdw'^*' '"A'" P™,^ ' Standards Area (Zone 15); is located adjacent to and south of an ExisUng Hardhne Preserve Area; and mcludes a smaU finger shaped portion of Core Area 5 covering its southern half which rmis east^west following Agua Hedionda Creek). The HMP conservation goals for Zone 5 r^i^e developments to establish, enhance, and maintain a viable habitat linkage across Liricaie Area C Oocated to fte northeast) to ensure connectivity for gnatcatchers and other HMP species between Core AL sToeat^ t?S no:^) 13 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO and Core Area 5 (located south and southeast of Linkage Area C); and that they conserve the majority of sensitive habitats in or contiguous with biological core and tinkage areas, including a no-net-loss of wetland habitats and coastal sage scrub within Core Area 3 and Linkage Area C. Protection of coastal sage scrub (CSS) is of particular importance in the Standards Areas, and therefore 67% of the CSS is required to be conserved. Table 11 (Pg. D-113) of the HMP identifies mitigation ratios for impacts to habitat types identified as sensitive in the HMP, and furthermore allows for impacts to agriculture, eucalyptus, and disturbed lands to be mitigated through the payment of an in-lieu mitigation fee. A Biological Technical Report for the Rancho Milagro Study Area was prepared by RECON Environmental Inc. (dated April 27, 2011) and summary letter dated May 4, 2011, for which eleven vegetation communities were indentified within the study area. In addition, a Wetiand Delineation Study was also prepared by RECON Environmental Inc. (dated April 24, 2009), which identified jurisdictional areas belonging to both the United States Army Corp of Engineers (USACE) and the California Department of Fish and Game (CDFG). Tables No. 1 and 2 below summarize the vegetation communities, jurisdictional areas, and project related impacts, while Table No. 3 summarizes the proposed mitigation. TABLE 1: VEGETATION COMMUNITIES AND PROJECT IMPACTS Vegetation Communities Existing Conditions Vegetation Communities Rancho Milagro Terraces Mitigation Area^ Off-site Sewer Total Study Area Total Project Impacts^ Mitigation Ratio Required Mitigation Available Mitigation Areas On- site^ Wctiand/Kipariai - Fresh Water Marsh 0.21 0.21 0.21 Southern Willow Scrub 0.90 1.68 2.58 0.05 3:1 0.15 0.85 Mule Fat Scrub 0.04 0.04 3:1 0.04 - Sycamore/Oak Woodland 0.11 9.34 9.45 0.02 3:1 0.06 0.09 - Diegan Coastal Sage Scrub/Disturbed Diegan Coastal Sage Scrub^ 7.46 1.05 8.51 2.56 1:1 (no net loss) 2.56 5.95^* - Coast Live Oak Woodland 1.05 2.36 3.41 0.02 3:1 0.06 1.03 - Non-native Grassland 4.40 0.96 5.36 2.50^ 0.5:1 1.25 1.90 - Eucalyptus Woodland 0.06 0.06 ~ In-Lieu Fee In-Lieu Fee 0.06 - Agricultural Land 12.06 12.06 11.83^ In-Lieu Fee In-Lieu Fee 0.23 - Developed Land 0.98 0.91 0.06 1.95 1.18 N/A N/A 0.77 TOTAL ACRES: 27.27 16.30 0.06 43.63 18.16 11.13 for the purpose of wetland mitigation associated with the mitigation for impacts to an off-site project known as the Terraces at Suimy Creek. ^Total impacts include impacts from proposed restoration when it consists of conversion from one mapped vegetation community to coastal sage scrub or riparian scrub. ^Acres remaining within study area available for mitigation after excluding the development impact area and the area previously dedicated as open space for wetland mitigation from the development of the Terraces at Sunny Creek. Acreage is based on all coastal sage scrub present with the total study area. 14^ Rev. 06/29/10 pi GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO TABLE 2; JURISDICTIONAL AREAS AND PRQ.TECT IMPACTS Jurisdictional Areas^ Existing Conditions Rancho Milagro Terraces Mitigation Area^ Off-site Sewer Total Study Area Total Project Impacts^ Mitigation Ratio Required Mitigation Streambed - Terraces at Sunny Creek Mitigation Site^ 0.07 11.01 0.07 11.01 0.001 1:1 0.001 TOTAL ACRES: 1.27 11.01 12.28 0.071 0.211 Isolated Drainage" 0.06 0.47 0.53 0.04 The "Terraces Mitigation Area" column refers to a portion of the study area that was previously dedicated as open space for the purpose of wetiand mitigation associated witii the mitigation for impacts to an off-site project known as the Terraces at Sunny Creek. 'Total impacts include impacts from proposed restoration when it consists of conversion from one mapped vegetation community to coastal sage scrub or riparian scrub. ^Does not include jurisdictional areas in the open space dedicated for wetiand impacts on the off-site Terraces at Sunnv Creek, nor does it include drainages delineated as isolated. ^Acreage overiaps and includes USACE jurisdictional drainage. This drainage has been delineated in the report and does not appear to fall under the jurisdiction of either USACE or CDFG. TABLE 3; PROPOSED PROJECT MITIGATION Fresh Water Marsh Southern Willow Scrub Mule Fat Scrub Sycamore/Oak Woodland Upland: - Diegan Coastal Sage Scrub/ Disturbed Diegan Coastal Sage Scrub The project related Wetiand/Riparian community impacts are being mitigated as described below in the Jurisdictional Areas section of this table (please see below). The project is required to restore/create at least 2.56 acres of CSS to achieve a no-net-loss of this vegetation community. The project is creating a total of 2.94 acres of CSS on-site through the conversion of 1.50 acres of agricultural land, 0.04 acres of developed land, and 1.40 acres of non-native grasslands within the nortiiern open space lots (Lots 23 and 24). The proposed 2.94 acre restoration will result in a net gain of total CSS. Coast Live Oak Woodland Non-native Grassland - Eucalyptus Woodland Agricultural Land Through on-site preservation, the project is preserving 0.06 acres of Coast Live Oak Woodland in Open Space Lots 21. 23, and 24 Through on-site preservation, the project is preserving 1.25 acres of Non- native Grassland in Open Space Lots 21 and 23. Through on-site preservation, the project is preserving 0.06 acres of eucalyptus woodland in Open Space Lot 21 Payment of an in-heu mitigation fee = 11.83 acres of Group F habitat type. 15 t>a,, r\/;/on/in 3^ GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO TABLE 3: PROPOSED PROJECT MITIGATION (CONTINUED) Biological Resource USACE Jurisdiction Wetiand - Non-wetland Jurisdictional Waters CDFG Jurisdiction: Riparian Stieambed Impacts to wetland communities, including southern willow scrub and sycamore/oak woodland shall be mitigated at a 3:1 ratio, with a minimum 1:1 creation component that achieves the "no net loss" standard. The project is proposing to mitigate impacts to 0.05 acres of southern willow scrub through the on-site creation of 0.15 acres of southern willow scrub in preserved open space. The project is proposing to mitigate impacts to 0.02 acres of sycamore/oak woodland through the on-site creation of 0.06 acres of sycamore/oak woodland in preserved open space. A conceptual restoration plan has been prepared as part of project biotechnical report, which is proposing to convert a minimum of 0.21 acres of agricultural fields located in Open Space Lot 23 adjacent to the northern drainage to suitable wetiand/riparian habitat. The creation of 0.07 acres, representing a 1:1 mitigation ratio, will be accompHshed outside of the 100-foot wetland habitat buffer. The remaining 0.14 acre (2:1 mitigation ratio) will be located within the buffer and will serve to connect the restoration outside of the buffer to the existing drainage. Prior to issuance of a grading permit, and/or the clearing of any habitat on-site, a final wetlands/riparian restoration plan shall be approved by the City of Carlsbad Planning Department (with concurrence by the USFWS, USACE, and CDFG) to mitigate for the above impacts. In addition, impacts to USACE (Jurisdictional Wetiands and Non-Wetiand Waters of the U.S.) and CDFG (Riparian and Streambed) jurisdictional areas will require a Section 404 nationwide permit from the USACE, a 1602 Stteambed Alteration Agreement from the CDFG, and a 401 State Water Quafity Certification from the Regional Water Quality Contiol Board, all of which must be obtained prior to the issuance of a grading permit and/or the clearing of any habitat on-site. Sensitive Plant Species According to the biological technical report, three sensitive plant species were observed within the study area; California adolphia, spiny rush, and Nuttall's scrub oak. Of these, spiny rush and Nuttall's scrub oak are not impacted by the project. However, the project does propose direct impacts on approximately 15 individual California adolphia plants, a CaHfornia Native Plant Society (CNPS) List 2 species, which are located in the northern half of the study area. To mitigate this impact, a minimum of 30 individual California adolphia plants will be included in the plant palette of the proposed Diegan CSS restoration. Seeds will be collected from plants on-site and propagated in an appropriate nursery facility until they are of a sufficient size for planting. Inclusion of this species within the upland restoration that is proposed for the open space areas on-site will reduce impacts to a less than significant level. The remaining species of California adolphia identified in the report will be preserved in open space. Sensitive Wildlife Species According to the biological technical report, five sensitive bird species were observed within the study area: Cooper's hawk, northern harrier, white-tailed kite, yellow warbler, and yellow-breasted chat. Several other sensitive species were identified in the report as either being known to occur in the vicinity of the project or having a potential to be present within the study area. Of those having a potential to be present in the study area, five are state/or federally hsted species: arroyo toad, western yellow-billed cuckoo, least Bell's vireo, southwestern willow flycatcher, and coastal California gnatcatcher. Due the rarity of these species and lack of historical records in the area, the biological technical report lists the arroyo toad and western yellow-billed cuckoo 16 Rev. 06/29/10 31 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO as not expected to occur within the study area, and thus no focused protocol surveys were required. Individual focused protocol surveys were prepared for tiie least Bell's vfreo, soutiiwestern willow flycatcher, and coastal California gnatcatcher. None of the surveys detected or observed any of these species witiiin the study area. However, given tiie habitat types witiiin the study area and vicinity, the report does identify a potential, ranging from low to moderate, tiiat one or all of these species could be present on-site during the breeding season. Therefore, tiie project was designed to avoid and minimize impacts to tiie habitat on-site to tiie greatest extent possible, and nutigation measures have been incorporated into tiie project tiiat reduce the potential dkect and indu-ect impacts to tiiese species, if present. Measures include removing vegetation tiiat is critical to these species outside of tiie breeding season to avoid dkect impact to nests and establishing a protocol of surveying and monitoring to avoid indkect impacts to nests within 500 feet of consttuction activity. Botii tiie yellow warbler and yellow-breasted chat were identified witiiin the riparian habitat during tiie focused protocol surveys for least Bell's vkeo and southwestern willow flycatcher. Implementation of tiie mitigation measures for tiie least Bell's vireo and southwestern willow flycatcher will mitigate impacts to tiiese two species to a less than significant level. The entke riparian area along Agua Hedionda Creek contains hundreds of ttees and tiierefore is considered a suitable raptor nesting area. To avoid any potential direct impacts to nesting raptors, mitigation is included tiiat requkes tiie removal of any ttees to be outside of the breeding season (September 1"' to January 31'*) of local raptor species. If it is determined that ttee removal must be conducted during the breeding season (February 1'' to August 30 ), a raptor nest survey will need to be conducted by a qualified biologist prior to any removal of ttees. to determine if raptor nests are present. If active nests are discovered, a 500 foot minimum buffer will be required to be estabhshed around tiie tree until the young are independent of tiie nest site, and no consttuction activity will be allowed to occur witiiin the buffer area until a qualified biologist determines that tiie fledglings are independent of the nest. Wetlands The proposed project involves impacts to botii USFWS and CDFG jurisdictional areas and wetiand/riparian vegetation communities as illusttated above in Tables 1 and 2 with proposed mitigation iUusttated in Table 3. According to the HMP, all projects tiiat would affect HMP Type A Habitats (riparian and wetiand habitats, including vernal pools), must demonsttate that the impacts 1) cannot be avoided by a feasible alternative, 2) have been minimized to maximum extent possible, and 3) will be mitigated in ways that assure no net loss of habitat value or function. In regards to the fkst finding, tiie project proposes a single road crossing of tiie northern drainage area witii associated wetiand habkat. This crossing is necessary to assure access to tiie property, as the only developable portion of the site is landlocked between two drainages supporting riparian and wetiand vegetation. The location of tiie crossing is designed to coordinate with the ckculation system of the adjacent approved project to the north (Cantarini Ranch). Primary access to tiie site wiU be provided tiirough the extension of "K" Stteet through this residential development to the nortii. Currentiy, the primary access to the site is from the soutii along a small dirt road (Sunny Creek Road) in the soutiiwestern portion of the site. This will be converted to a utility easement and pedesttian access area, as conversion of this road to a primary access that conforms to City standards would result in larger impacts to hillsides and tiie southern drainage (Agua Hedionda Creek), which supports a larger and higher functioning riparian corridor. In regards to tiie second finding, the HMP states that road projects which "cross a wetiand must demonsttate that tiie crossing will occur at tiie narrowest and/or least sensitive location and tiiat all feasible minimization measures have been employed." Consistent with tiiis requirement, the road has been afigned to cross the narrowest section of the southern willow scrub. In addition, tiie proposed crossing will consist of a Con-Span or similar tiiree-sided 12-foot- by-5-foot product that will span tiie creek, while maintaining a soft soil bottom that will allow for natural flow of the creek beneatii tiie crossing. The buffer between tiie proposed lots and the jurisdictional areas in tiie nortiiwestern portion of the site measures a minimum 100 feet in widtii along tiie entke interface in compliance with the HMP Planning Standards for Zone 15. This site design demonsttates tiiat all feasible minimization measures were employed to reduce impacts to jurisdictional areas in the nortiiern portion of the study area and to meet tiie planning standards as identified in the HMP. 17 Rftv 06/90/10 3P GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO Additionally, tiie jack-and-bore metiiod will be used to install the sewer pipeline beneath Agua Hedionda Creek in accordance with the mitigation measure established as part of tiie approved Soutii Agua Hedionda Interceptor Sewer (SAHT IE, Phase II) project, resulting in no impacts to this jurisdictional resource. This method however has a potential to sometimes results in what is known as a "frac-out," which is when subsurface fractures conduct bentonite drilling fluid to tiie surface, creating localized surface seepage. In tiie event of a "frac-out" or any otiier unexpected impact as a result of tiie jack-and-bore method, tiie extent of tiie resultant impact will be assessed measured, and mitigated. Work will cease immediately and measures taken to contain any resultant slurry within as small of an area as possible wifi occur. A qualified biologist wifi assess impacts to tiie natural resources and contact tiie City and appropriate resource agencies within 24 hours of tiie event. Additional mitigation for impacts would be required at a ratio of at least 3:1. The location and composition of tiiis mitigation would be determined at tiie time of tiie impact, once the scope and nature of the impact; can be determined. Lastiy, in regards to tiie tiikd finding, tiie wetiand habitats present on-site are not unique (e.g., vernal pool) but are considered rare simply for tiie fact that they are wetiands which are a declining habitat type. Botii tiie nortiiern and tiie southern drainages support sensitive riparian species, such as yellow warbler and yellow-breasted chat though neither federal nor state-fisted species have been observed witiiin either drainage. The proportion of native to exotic plant species m tiie two drainages is high, indicating that tiiere are lower levels of non-native invasive species The existing levels of distiirbance within the drainages are low; though tiie adjacent upland areas are predominately agricultural, disturbed, or developed as residential. The northern drainage carries flow from upstteam riparian areas and ultimately connects to tiie Agua Hedionda watershed; however, tiie drainage ends at a culvert at tiie western boundary of tiie property and is diverted across the adjacent property, and tiius there is no direct continuation of the riparian vegetation along the northern boundary. The soutiiern drainage (Agua Hedionda Creek) supports a continuous riparian corridor tiiat runs east to west through the southern quarter of the property. In order to maintain tiie current fimctions and values of tiie wetiand and riparian habitats on-site, the impacts associated with tiie road crossing will be mitigated on-site through restoration of an approximately 0 21-acre area A conceptual restoration plan was prepared and is provided in Attachment 3 of tiie biological technical report A total of 0.21 acre of ripanan habitat is proposed to be restored in tiie nortiiern portion of the site tiirough the conversion of a 0.19 acre area of agricultural fields and a 0.02 acre area of non-native grassland. This would mitigate the project impacts within the drainage. Based on tiie above, tiie project was designed to minimize the total impact to tiie wetiand habitats on-site and to maintain the functions and values of the riparian and wetiand areas. Indirect Impacts The proposed project is located adjacent to and south of an existing HMP Hardfine Preserve Area and is proposing additional open space areas, which will ultimately become new hardline preserve areas. In order to minimize edge effects, tiie project has incorporated project features to comply with the HMP Adjacency Standards This includes the fofiowmg topics: fu:e management; erosion conttol; landscaping; fencing, signs, and hghting; and predator and exotic species conttol. 1. Fire Management: A Fure Protection Plan has been included as part of tiie project design. All fire management activities will occur completely witiiin the development boundaries and will not occur within any of tiie HMP open space conservation areas. Landscaping on these adjacent slopes wtil include low-fuel native species in compliance with the HMP. Erosion conttol: Mechanical and biological methods will be implemented to conttol potential erosion includmg engineering the manufactured slopes to maximize slope stability; choosing appropriate plants for the slopes to reduce the level of erosion of tiie slopes; implementing post-consttuction best management practices (BMPs) tiiat will ensure run-off is appropriately tteated to mininuze the potential for erosion; and implementing constiiiction-level BMPs to prevent any silt from entering any of tiie HMP open space conservation areas. Landscaping: Landscaping plans for the brush management zones and along development slopes adjacent to tiie HMP conservation areas requke the use of a native plant palette consistent with the adjacent native vegetation commumties, prohibit tiie use of ornamental invasive species, and limit the use of fertilizers to 18 33 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO prevent excess run-off from entering the open space, krigation should only be installed temporarily in order to ensure the establishment of plants and shall be conttolled to prevent runoff from spreading into tiie HMP conservation areas. In addition, tiie use of cultivars of native species shaU be prohibited to avoid genetic contamination ofthe native plant species in the preserve. Fencing, signs, and fighting: Fencing will be installed along tiie perimeter of tiie development to discourage the access of humans and limit domestic pets into the HMP open space conservation areas. Fencing placed at tiie property fines between tiie residential lots and tiie HMP open space conservation areas will consist of a minimum 5-foot-high black vinyl coated chain-link. Fencing separating the HMP open space conservation areas from tiie project boundaries along Stteet "K", Stteet "X", and tiie riparian overiook seating area (Lot 25) will consist of a minimum 42 inch high 3 rail composite wood ranch-style fence. Signage wtil be placed at consistent intervals along tiie fence lines to inform the pubfic about the presence and fiinction of the HMP open space preserve. Lighting in the residential yards and along tiie project boundaries located adjacent to tiie HMP open space conservation areas shall be of a minimum necessary for safety and security and shall be shielded or du-ected away from the HMP open space conservation areas to tiie maximum extent practicable so as to avoid increasing the nighttime light input into tiie open space preserve. ^- Predator and exotic species conttol: The perimeter fence separating residential lots located adjacent to tiie HMP open space conservation areas will consist of a minimum 5-foot-high black vinyl coated chain-link designed to hmit access of domestic and feral animals to tiie HMP open space conservation areas. Project CC&R's shall include text to educate homeowners regarding responsible pet ownership (e.g., keeping pets indoors spaying/neutermg pets, prohibiting tiie release of pets into tiie wild, etc.). Any long-term management on-site may also include development of a cowbkd ttapping program, native predator program, and exotic plant conttol program. HMP Planning Standards: Project compliance with the HMP Planning Standards are included below. The planning standard is identified in boldface type followed by an explanation of how the project complies. 1. 67% of coastal sage scrub shall be conserved overall (emphasis added) within the Standards Areas, as weU as 75 % of gnatcatchers. Some zones may conserve more or less than these percentages due to parcel size location, resources, or long-term conservation potential (HMP, Standards Area, pg. D-73). This is a citywide preservation standard and applies to many otiier properties tiian just the subject property Upon final preserve assembly, the City is responsible for ensuring that tiiere was 67% preservation of CSS within all Standards Areas. The Rancho Mfiagro project is proposing impacts to 2.56 acres (30%) of tiie existing 8 51 acres of unoccupied Diegan coastal sage scrub/ Disturbed Diegan Coastal Sage Scrub on-site, resulting in 5.95 acres (70%) remaining to be preserved in open space. In comphance witii this requkement, tiie proposed project has been designed to preserve 70% of tiie existing coastal sage scrub on-site and; therefore, conttibutes its fak share of CSS preservation to the overaU citywide standard. In addition, the project is mitigating its 2.56 acre impact as discussed above at a 1:1 ratio tiurough on-site creation of 2.94 acres of CSS, which wifi occur tiu-ough tiie conversion of 1.50 acres of agricultiu-al land, 0.04 acres of developed land, and 1.40 acres of non-native grasslands witiiin the northern open space lots (Lots 23 and 24) The proposed 2.94 acre restoration when added to tiie 5.95 acres being preserved will result in a net gain of total CSS on- site 2. Mamtam and enhance a habitat linkage across Linkage Area C and adjoining portions of Core Areas 3 and 5 that average between 500 and 1,000 feet wide, with a mimmum width of no less than 500 feet Emphasis should be on improving gnatcatcher habitat within the linkage (HMP, Zone 15 Planning Standards, pg. D-79). * This standard is not applicable to the Rancho Mfiagro project, since tiie project site is not within Linkage Area C nor is it within the adjoining portions of Core Areas 3 and 5. ' IQ GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO As additional information, there is a finger shaped portion of Core Area 5 present within tiie southern half of tiie project site that primarily encompasses tiie Agua Hedionda Creek riparian corridor. This is not dkectiy a part of tiie habitat linkage between Core Area 3, Linkage Area C, and Core Area 5, but does serve to increase tiie open space protection of Core Area 5. Witii the exception of approximately 1.9 acres that are clustered on tiie northern and western edges of the portion of Core Area 5, the project proposes to maintain afi of tiiis as preserved open space In fact, the soutiiern 16.3 acres of tiiis area is predominately riparian habitat and was previously dedicated as open space to nutigate for wetiand/riparian impacts from the adjacent Terraces at Sunny Creek project. The additional open space that wiU be added from the proposed project within Core Area 5 includes 3.67 acres of coastal sage scrub, which would increase tiie amount of potential gnatcatcher habitat within this core area. In addition to tiie portion of tiie site withm Core Area 5, the northeastern corner of tiie site abuts Linkage Area C. This nortiiern area wtil be mamtained as open space, including 1.21 acres of existing coastal sage scrub, and wifi be restored to include an additional 2.94 acres of coastal sage scrub and 0.21 acre of riparian habitat, which fiirtiier connects the Linkage Area C through hardline open space to Cantarini Ranch to the nortii. 3. Areas of upland habitat outside of the designated Linkage Area C may be taken in exchange for restoration and enhancement inside the linkage, as long as the result is no net loss of coastal sage scrub and the associated gnatcatcher population within the southern portion of the zone (HMP Zone 15 Planning Standards, pg. D-79). v , The project site is not within Linkage Area C and tiius impacts to coastal sage scrub are mitigated on-site as to meet tiie no-net-loss standard. Impacts to 2.56 acres of coastal sage scrub wtil be mitigated through tiie preservation of 5.95 acres of coastal sage scrub within tiie total project ownership and tiie conversion of 2.94 acres of agricultural fields, developed land, and non-native grassland to coastal sage scrub within tiie nortiiern open space lots. As additional information, the northern portion of tiie project is proposed as an open space area tiiat is connected to Linkage Area C via a designated hardline area on the property to the north (Cantarini Ranch). The vegetation commumties witiun the open space lot include both riparian and upland areas with a few small patches of Diegan coastal sage scrub. In addition, tiie southern open space lots (Lots 20, 21. and a portion of 23) includes several patches of coastal sage scrub to be preserved for a total of 8.89 acres of coastal sage scrub in preserved open space These areas are located witiiin Core Area 5. which connects to Linkage Area C. 4. Creation of linkage should utilize patches of existing habitat to the maximum extent practicable Creation of the linkage must utilize patches of existing habitat within the identified linkage alignment (HMP, Zone 15 Planmng Standards, pg. D-79). The nortiiern portion of the project is proposed as an open space area (Lots 23 and 24), which are connected to Linkage Area C via a designated hardfine area on the property to the north (Cantarini Ranch). This open space area includes a wetiand/riparian corridor and patches of native coastal sage scrub and coast live oak woodland The hardline open space area on Cantarini Ranch includes an upstteam portion of this drainage that is connected to tiie drainage m Linkage Area C. Preservation of this portion of tiie Rancho Mfiagro site as open space wifi increase the protection for tins drainage system. In addition, restoration is proposed for tiie nortiiern open space lots that will convert the majority ofthe agricultural fields and non-native grassland to coastal sage scrub and riparian habitats. The linkages created by tiie project utilize patches of existing habitat to tiie maximum extent practicable within the identified linkage alignment. Based on tiie evidence above, tiie project is consistent with this standard. 5. Maintain and enhance the wildlife movement potential between core areas using sensitive design of any road or utihty crossings of Linkage C (HMP, Zone 15 Planning Standards, pg. D-79). This standard is not appficable to tiie project, since the project site is not witiiin Linkage Area C and tiius has no road or utility crossings. For additional information, please see above findings for discussion of proposed open space and how it relates to Linkage Area C. 20 35 n<^/9Q/i n GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO 6. Conserve all riparian habitats on-site, and prohibit fill or development within the existing floodplain except where required for Circulation Element roads, Drainage Master Plan facilities, or other essential infrastructure (HMP, Zone 15 Planning Standards, pg. D-79). Afi on-site riparian habitat and floodplains are preserved, except where impacts are required in order to provide for essential infrastiucture, such as tiie extension of "K" Stteet into tiie site and the 16 ft. wide bridge maintenance access road. To minimize impacts, tiie proposed extension of "K" Stteet has been shifted to tiie narrowest portion of tiie riparian habitat/floodplain. The project preserves nearly all of the riparian habitat/floodplain, and project impacts on the riparian habitat/floodplain are minimal. The project conserves all riparian habitats and prohibits fiU or development within the existing floodplain on-site except where requked for Drainage Master Plan facihties and other essential access roads and infrastiucture. Based on the evidence above, the project is consistent with this standard. 7. Conserve any Narrow Endemic plant populations identified during planning (HMP, Zone 15 Planning Standards, pg. D-79). Pursuant to the biological technical report tiiat was prepared for the project, no Narrow Endemic plant populations have been identified on the project site. 8. When conversion of agricultural lands to other uses is proposed, set back all development impacts at least 100 feet from existing wetiand habitats and require habitat restoration or enhancement in the riparian and buffer areas (HMP, Zone 15 Planning Standards, pg. D-79). On the south side of the project site, adjacent to Agua Hedionda Creek, the average setback from tiie wetiand is approximately 300 feet. The exception to this is the proposed bio-filttation detention area on tiie western edge of tiie property. The stormceptor collector system associated witii tiiis bio-filttation detention area is designed to handle the 85 percentfie storms and will remove the majority of any storm-related sediment associated with those storms. This bio-filttation detention area will be inspected annually, but maintenance is not expected to be needed as tiash and sediment will be caught and removed at the stormceptor collector. This bio-filtiation detention area will have an earthen berm and bottom to allow for growth of natural vegetation as identified in the HMP. On the north side of the project site, adjacent to tiie unnamed ttibutary, the project has been designed so that the setback from the wetiand is a nunimum of 100 feet except for storm outfaUs and a small (16 ft. wide) emergency all- weather access road for bridge maintenance. In addition, the project proposes to create, restore, and enhance wetiand/riparian habitat witiiin the open space lots on-site to achieve no net loss of wetiand/riparian habitat. This is proposed on tiie west end of the project nortii of the drainage. The creation of 0.07 acres, representing a 1:1 mitigation ratio, wifi be accomplished outside of the 100-foot wetiand habitat buffer. The remaining 0.14 acre (2:1 mitigation ratio) will be conducted within the buffer and will serve to connect the restoration outside of the buffer to the existing drainage. The setback for all development impacts is at least 100 feet from existing wetiand habitats. In addition, restoration of wetiand and riparian impacts wifi occur on-site witiiin the riparian and buffer areas. Based on the evidence above, the project is consistent with this standard. 21 Va^T HA/OQ/in 3c GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO V. CULTURAL RESOURCES - Would tiie 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) Dkectiy or indkectiy destioy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • X • • • X • • • X • • • X • • a, b & d) Potentially Significant Impact Unless Mitigation Incorporated. A Cultural Resources Survey Report for tiie Rancho Milagro study area was conducted by RECON and detailed in a report dated October 27, 2010 (RECON Number 3889.1A). The results of tiie survey indicate tiiat within a 0.5-mile radius ofthe project site there are five previously recorded sites (CA-SDI-9092, CA-SDI-9698, CA-SDI-9699, CA-SDI-9701 (SDM-W-601), and CA-SDI-14339H). Of these five previously recorded sites, tiuree (CA-SDI-9698, CA-SDI-9699, and CA-'sDI- 9701 (SDM-W-601)) are located within tiie Rancho Mfiagro Study Area. A pedesttian survey of the area was conducted on August 2, 2010 by RECON archeologists, whereby tiie three previously recorded sites were located again in the field. CA-SDI-9698 and CA-SDI-9699 are described as shefi middens, and CA-SDI-9701 is described as a possible vfilage site. As currently designed, tiie proposed project wifi impact afi of CA-SDI-9698 and CA-SDI- 9699, and part of CA-SDI-9701, tiiereby significantiy impacting historical resources as defined within Section 15064.5 ofthe State CEQA Guidelines. Under CEQA, the preferred mitigation for impacts is to redesign the project to avoid the three sites. However, because of other project consttaints, avoidance is not possible. Therefore, in order to reduce impacts to a less than significant level, a mitigation program, which involves a data recovery program for CA-SDI-9698, CA-SDI-9699, and for tiie portion of CA-SDI-9701 located within the project impact area is requked, all of which is to be completed under the dkection of a qualified archeologist. in accordance with tiie Tribal Consultation Guidelines for tiie State of California (California State Senate Bill 18, Chapter 905, Statutes of 2004), and as recommended by tiie Native American Heritage Commission in a letter dated December 9, 2010, tiie City of Carlsbad sent formal requests for consultation to the Mesa Grande Band of Mission Indians, San Pasqual Band of Mission Indians, Kwaaymii Laguna Band of Mission Indians, San Luis Rey Band of Mission Indians, Ewfiaapaayp Tribal Office, Rincon Band of Mission Indians, Sycuan Band of the Kumeyaay Nation, La Jolla Band of Mission Indians, Barona Group of tiie Capitan Grande, Pauma «fe Yuima, Lipay Nation of Santa Ysabel, and the Inaja Band of Mission Indians. Of tiiose fisted, the San Luis Rey Band of Mission Indians requested a formal consultation witii tiie City of Carlsbad, which was held at tiie project site on April 6, 2011. No additional information regarding knowledge of any known archeological or cultural resources within tiie project study area was provided to staff from tiie representatives of the San Luis Rey Band of Mission Indians during the meeting, other than a request that the developer enter into a formal pre-excavation agreement prior to issuance of a grading permk and use of ttibal monitors in addition to archeological monitoring during grading activities to address any cultural resources that may be discovered given the Band's ttaditional terrkory. Therefore, tiirough implementation of the requked mitigation measures identified in the Cultural Resources Survey Report for tiie Rancho Milagro stiidy area, along with the requkements of ttibal monitoring and a formal pre- 90 31 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO excavation agreement with the San Luis Rey Band of Mission Indians, impacts to cultural resources are reduced to a less than significant level. c) Potentially Significant Unless Mitigation Incorporated. A Preliminary Geotechnical Investigation was conducted by Geotechnical Exploration, Inc. for the proposed project on April 5, 2005 and was later updated on April 27, 2009 (Job No. 04-8849). The results of the report indicate that the subject property is located in an area underlain by the undifferentiated Eocene-age Del Mar/Torrey/Santiago Formations. According to the Master Environmental Impact Report (MEIR 93-01, March 1994) covering the last General Plan update for the city, these formations have a high potential for containing significant fossil resources. In some areas, the project proposes to excavate up to 15 to 20 feet to develop level pads and improvement, which may involve disturbance of these Eocene-age formations. Desttuction of any fossils that may exist in these formations would represent a significant impact. A mitigation program, which involves the review of the grading plans and full time attendance of a qualified 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. 23 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO VL GEOLOGY AND SOILS - Would the project: a) Expose people or sttuctures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Eartiiquake 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. u. Sttong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landshdes? 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 Section 1802.3.2 of tiie California Bmlding Code (2007), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant Impact • • • • • • Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact • • K • • • • • Kl • K K • • • • • • Kl • • • • m a.i.-a.iii., and c) Less Than Sigmficant Impact. A Preliminary Geotechnical Investigation was conducted by Geotechnical Exploration, Inc. for the proposed project (April 27, 2009, Job No. 04-8849) in order to provide subsurface information and geotechnical recommendations specific to the proposed project. According to this report, the subject site is not located within any Earthquake Fault Zones as created by the Alquist-Priolo Act, nor are tiiere any known major or active faults on, or witiiin, the immediate vicinity of the site. Because of the lack of known active faults on the site, tiie potential for surface rupture at the site is considered remote. While considered remote, the main seismic hazard that may affect the site is ground shaking from one of the active regional faufis, witii the nearest known active fault being the Rose Canyon Fault Zone located approximately eight miles west and southwest of the site. Since no submerged loose sand or sik conditions exist at the site, risk of seismic-related ground failure or liquefaction is not a significant concern and unpacts are considered to be less than significant. 24 Rev. 06/29/10 31 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO a.iv.) No Impact. According to tiie Preliminary Geotechnical Investigation (Geotechnical Exploration, Inc., April 27, 2009, Job No. 04-8849) tiiat was prepared for the project, tiiere are no known or suspected ancient landslides located on the site. Therefore, no impact is assessed. b) No Impact. During finish grading, exposure of soils could lead to an increased chance for tiie erosion of soils from the site. However, tiie project's compliance with tiie standards outiined in tiie City's Excavation and Grading Ordinance, which prevent tiie erosion of sofi through slope planting and installation of temporary erosion conttol measures, will avoid substantial soil erosion impacts. Therefore, no impact is assessed. d) Potentially Significant Impact Unless Mitigation Incorporated. The Prefiminary Geotechnical Investigation (Geotechnical Exploration, Inc., April 27, 2009, Job No. 04-8849) tiiat was prepared for tiie project revealed surficial sofis of varying compaction and of very high expansion potential underiying tiie property to deptiis ranging from less tiian one foot to approximately five feet in some areas. According to the report, in thek present condition, the surficial fill sofis, cultivated and in-place topsoils, slopewash/colluviums and alluvium will not provide a stable soil base for future residential sttuctures and improvements. However, tiie report indicates that when properly prepared, moisture conditioned, and compacted, tiiese soils will have good load-bearing properties. As such, the Preliminary Geotechnical Investigation recommends that these materials be removed and re-compacted as part of tiie site preparation work prior to tiie addition of any new fill or sttuctural improvements. Through this measure and the implementation of the geotechnical design recommendations outiined within the report, development of the site is considered feasible and impacts from expansive soils are considered to be less than significant. e) No Impact. The project does not propose any septic tanks and will instead utilize tiie public sewer system. Therefore, tiiere will be no impacts involving soils tiiat support tiie use of septic tanks or alternative wastewater disposal systems. 25 p*»\/ n/i/OQ/in vn. GREENHOUSE GAS EMISSIONS - Would tiie project: GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a) Generate greenhouse gas emissions, eitiier dkectiy or I I I I K7\ I—I indirectiy, that may have a significant impact on the — — '—' environment? b) Conflict with an applicable plan, policy or regulation I I [""] K7\ I—I adopted for the purposes of reducing tiie emissions of — '—' greenhouse gases? a) Less Than Significant Impact. The project is expected to generate GHG emissions in the short-term as a resuh of constiuction emissions and in the long-term as a result of automobile ttips and energy consumption. Based on tiie GHG emission calculations contained within the Greenhouse Gas Screening Assessment prepared for tiie project by Ldn Consulting, Inc., October 25, 2010, tiie proposed project is expected to generate a total of 371.90 mettic tons of carbon dioxide equivalent emissions (COze). Of this, automobile tirips would represent 250.46 mettic tons of COje emissions, energy consumption would represent 116.1 mettic tons of CO2& emissions, and project related constiuction enussions would represent 5.34 metiic tons of COzC emissions averaged over a 30 year period. The California Ak Pollution Contiol Officers Association (CAPCOA) pubfished a white paper with a suggested significance screening tiireshold criteria of 900 mettic tons of GHGs. While tiie proposed project is expected to generate some short-term and long-term GHG emissions that could contiibute dkectiy and indkectiy to the envkonment, the total GHG emissions (371.90 COzc) generated by the project, combined with the state and federal reduction measures discussed in the Section "b" below, are not considered significant. Therefore, impacts from GHG emissions on the envkonment are considered to be less than significant. b) Less Than Significant Impact. In recognition of tiie adverse effects of global warming, GHG legislation has been adopted on both the state and federal levels. At tiie federal level, tiie federal Corporate Average Fuel Economy (CAFE) standard determines the fiiel efficiency of certain vehicle classes in the United States. In 2007, as part of the Energy and Security Act of 2007, CAFE standards were increased for new light-duty vehicles to 35 miles per gallon by 2020. In May 2009, plans were announced to increase CAFE standards to requke light duty vehicles to meet an average fuel economy of 35.5 miles per gaUons by 2016. At tiie state level. Executive Order (EO) S-3-05 calls for a reduction in GHG emissions in California to year 1990 levels by the year 2020 and for an 80-percent reduction in GHG emissions by the year 2050. AB 32 was passed by tiie state legislature to provide guidance on implementation of EO S-3-05. Under SB 32, tiie California Air Resources Board (CARB) is charged with tiie primary responsibility for determining how to achieve tiie reductions to 1990 levels by tiie year 2020. In order to quantify tiie goal, tiie CARB has established tiie year 1990 level of GHG emissions at 427 MMT C02e (CARB 2007b). The CARB estimates tiiat a reduction of 173 MMT net COje emissions below the "business as usual" (BAU) condition, defined as no change in current ttends or policies, would be requked by tiie year 2020 to meet the 1990 levels. The BAU condition is determined by the GHG levels tiiat would occur by the year 2020 without additional actions taken to reduce GHG emissions. A reduction of 173 MMT net C02e emissions represents a 15 percent reduction from today's levels and a 30-percent reduction from projected BAU levels in the year 2020. Thus, fiiture development must reduce its GHG emissions by at least 30 percent over tiie BAU condition to achieve the goal of EO S-3-05 to reduce emissions to 1990 levels by the year 2020. 9/; GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO The CARB has adopted tiie Scoping Plan (CARB 2008) as directed by AB 32. The Scoping Plan proposes a set of actions designed to reduce overall GHG emissions in California to the levels requked by AB 32. The measures in the Scoping Plan approved by the Board will be in place by tiie year 2012, with fiirther implementation details and regulations to be developed, followed by the rulemaking process to meet the 2012 deadline. Measures applicable to development projects include the following: • Maximum energy efficiency building and appliance standards, including more sttingent building codes and appliance efficiency standards, and solar water heating; . • Use of renewable sources for electricity generation, such as photovoltaic solar associated with the Million Solar Roofs program; • Regional ttansportation targets, including integration of development patterns and the ttansportation network to reduce vehicle ttavel, as identified in SB 375; and • Green Building sttategy, including siting near ttansit or mixed use areas; zero-net-energy buUdings; "beyond-code" building efficiency requkements; and the use of the CECs Tier II Energy Efficiency goal. Relative to ttansportation, the Scoping Plan includes nine measures or recommended actions. One of these is measure T-3, Regional Transportation-related GHG Targets, which relies on SB 375 implementation to reduce GHG emissions from passenger vehicles through reducing vehicle miles ttaveled. The other measures are related to vehicle GHG, fiiel, and efficiency measures and would be iriiplemented statewide rather than on a project-by-project basis. The Pavely vehicle emissions standards (AB 1493) requires the CARB to set GHG emission standards for passenger vehicles, light duty ttucks, and other vehicles determined to be vehicles whose primary use is non-commercial personal ttansportation in the state, manufactured in 2009 or later. When fully phased in, the near-term (years 2009 to 2012) standards would result in a reduction of approximately 22 percent in GHG emissions compared to the emissions from the year 2002 fleet, while the mid-term (2013 to 2016) standards would result in a reduction of approximately 30 percent. AB 75 mandates that state agencies develop and implement an integrated waste management plan to reduce GHG emissions related to solid waste disposal. The bill requkes diversion of at least 50 percent of the solid waste from landfills and ttansformation facilities. SB 1368 requkes the Public Utilities Commission (PUC) to develop and adopt a "GHGs emission performance standard". The PUC adopted an interim standard on January 25, 2007, but has formally requested a delay for the local pubhcly owned electtic utihties under its regulation. These standards apply to all long-term financial commitments entered into by electtic utilities. Executive Order S-01-07 dkects that a statewide goal be established to reduce the carbon intensity of California's ttansportation fuels by at least 10 percent by 2020. It orders that a Low Carbon Fuel Standard (LCFS) for ttansportation fuels be established for California, and dkects the CARB to determine if a LCFS can be adopted as a discrete early action measure pursuant to AB 32. The CARB approved the LCFS as a discrete early action item with a regulation adopted and implemented in 2010. Based on the San Diego County Greenhouse Gas Inventory (SDCGHGI), the percent reductions in GHG emissions can be reduced by 15 percent through implementation of the Federal CAFE standard, 11 percent through LCFS, 6.6 percent through Pavley standard, and 4 percent by the fight/heavy vehicle aerodynamic efficiency/hybridization standard. GHG emissions from vehicles would, therefore, be reduced by as much as 36.6 percent as a result of state and federal programs by the year 2020. Furthermore, compliance with the California Green Building Standards (effective January 1, 2011) will ensure additional reductions in GHG enussions. The combined reductions from state and federal programs formed to target a reduction in GHG emissions would exceed tiie BAU threshold of 33 percent. Therefore, the project would not conflict with state or federal policies aimed at reducing GHG emissions. 27 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO Potentially Significant Impact Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact • • • • • • Kl • m • • • • Kl • • B m • m VIIL HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the envkonment through the routine tiansport, use, or disposal of hazardous inaterials? b) Create a significant hazard to the public or envkonment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the envkonment? 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 envkonment? 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 akport or public use akport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private aksttip, | | [ [ [ | ^ 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 sttuctures to a significant risk of [ [ ^ | | | [ loss, injury or death involving wildland fkes, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a-b) Less Than Significant Impact. The initial phase of the project consists of grading and preparation of land for single-fanuly. residential lots, public roads, and drainage improvements. Future development will include the consttuction of individual homes on nineteen (19) half-acre minimum lot sizes. During both the grading and consttuction phases of the project, heavy equipment and materials (i.e. pettoleum products, paint, oils, and solvents) typically associated with land development may be ttansported and used on-site. Upon completion of consttuction, some use of hazardous clearung products on the site may occur. Other than during this initial consttuction phase, the project will not routinely utilize hazardous substances or materials. All ttansport, handling, use, and disposal of any cleaning substances will comply with all federal, state, and local laws regulating the management and use of such 28 Rev. 06/29/10 ^2 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO materials. No exttaordinary risk of accidental explosion or release of hazardous substances is anticipated witii consttuction, development, and implementation or operation of the proposed project. It is concluded tiiat tiie minimal amount of hazardous materials utifized during tiie construction period is not significant, and tiierefore the impact to tiie public or tiie envkonment tiu-ough the routine ttansport, use, or disposal of hazardous materials is considered to be less than significant. c) No Impact. The site is not located witiiin one-quarter mile of an existing or proposed school. Therefore, no impact is assessed. d) No Impact. A Phase I Envkonmental Site Assessment was prepared for tiie project by Geotechnical Exploration, Inc (AprU 5, 2005, Job No. 04-8849). Soil samples for agricultural chemicals were coUected from tiie site witii the results published in a foUow-up letter dated April 15, 2005. According to tiie findings, no detectable quantities of agricultiiral chemical residue were found in the soU samples taken from the site. AdditionaUy, tiie California Envkonmental Protection Agency's listing of sites containing hazardous waste and substances (a.k.a. tiie Cortese List) was searched via the State's website on October 6, 2010. The results revealed that tiie project is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. Therefore, the project will not create a significant hazard to tiie public or envkonment and no impact is assessed. e) No Impact. The subject site is located approximately one mUe nortii of tiie McClellan-Palomar Akport and is subject to the Akport Land Use Compatibility Plan (ALUCP). The project was submitted to tiie San Diego County Regional Akport Autiiority (SDCRAA) on December 9, 2010 for an ALUCP Consistency Determination. A consistency determination was received from tiie SDCRAA in a letter dated March 16, 2011. In tiieir letter, the SDCRAA deterniined the project to be "conditionally compatible". The SDCRAA identifies the project site as being located within Safety Zone 6, is within an overflight notification area, is outside of tiie 60 db CNEL noise contour and is in compliance with the ALUCP akspace protection surfaces. The ALUCP identifies residential uses located within Safety Zone 6 and outside of tiie 60 db CNEL noise contour as being compatible witii au-port uses. However, because the proposed project is located within an overflight notification area, the ALUCP requkes as a condition of approval that an overflight notification be recorded with tiie County Recorder for new residential land uses. A condition to that effect wiU be applied to tiie project. As such, it is concluded that tiie project site wiU not cause a safety hazard for people residing or working within the project area. Therefore, no impact is assessed. f) No Impact. The project site is not in the vicinity of a private aksttip. Therefore, no impact is assessed. g) No Impact. The project site is located in close proximity to El Camino Real, which is one of five primary arterials designated in the General Plan as an emergency access or emergency evacuation route to move people during emergencies. A signalized intersection located at the fiitiire extension of College Boulevard (Reach A) and Stteet "A" ofthe approved Cantarini Ranch tentative map (CT 00-18) wifi provide primary access to tiie project site. This access wiU serve to provide emergency evacuation onto College Boulevard and ultimately El Camino Real if necessary The City of Carlsbad's Fke Department wUl provide all basic fure and emergency medical services to tiie project site. Specifically, the project wUl be served by Fke Station No. 3 located at 3701 Catalina Drive, and Fke Station No. 5 located at 2540 Orion Way. The project site is within a five minute response time for these fire stations. Additionally, tiie City of Carlsbad's Fke Department has agreements with other agencies, such as tiie County of San Diego, to provide additional services, including hazardous materials incident response. In tiie event of a large scale incident, tiie City of Carlsbad wiU activate its Emergency Operations Center (EOC) and provide details to residents. The proposed project wiU not impact tiie abUity to provide emergency services to the project site, nor wiU k physically interfere with an adopted emergency response plan or emergency evacuation plan. Therefore, no impact is assessed. h) Potentially Significant Impact Unless Mitigation Incorporated. The existing envkonment of tiie subject property can be generaUy characterized as rural. The development area of tiie property is largely developed m agriculture witii upland and riparian/wetiand habitats located along the northernmost and southern periphery of the property. An approximately 60-foot high, north-facing hiUside slope exists witiiin the nortiiern half of the property, and an approximately 70-foot high, south facing hillside slope exists within the soutiiern half of the property. Canyon centeriines cross the soutiieast and northeast to nortiiwest comers of tiie property. The Agua Hedionda Creek bed flows from east to west along southern portion of the property, and an unnamed ttibutary of Agua 29 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO Hedionda Creek flows from east to west along the northern portion of the property, both of which contain dense native habitat. The project proposes grading of residential pads with some uphill and downhill perimeter slopes located adjacent to natural habitat. A Fire Suppression Plan is included as part of the project exhibits, which includes the requirement of a 60 foot wide Fke Suppression Zone (FPZ) consistent with the City of Carlsbad's Landscape Manual and Fire Department standards. Reduced fure buffers have been approved by the City's Fke Marshal on Lots 4, 7, and 19. Where this has occurred, consttuction of a six (6) foot tall solid masonry wall, and/or a modified FPZ regulation has been requked in place of the 60 foot wide FPZ to mitigate impacts to a less than significant level. t|5 30 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO IX. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requkements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater 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 stieam 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 stteam or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? e) Create or conttibute runoff water, which would exceed the capacity of existing or planned storm water 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 fiood hazard area sttuctures, which would impede or redkect fiood flows? i) Expose people or sttuctures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Potentially Significant Impact • • • • • • • Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact • • • • • • • • • • • m • • K Kl • Kl • m • • • • • • Kl • Kl • Kl 31 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO a) Less Than Significant Impact. The project is requked by law to comply with all federal, state and local water quality regulations, including the Clean Water Act, California Administiative Code Titie 23, specific basin plan objectives identified in tiie "Water Quality Contiol Plan for San Diego Basin" (WQCP), and tiie city's Standard Urban Storm Water Management Plan (SUSMP). The WQCP contains specific objectives for tiie Carlsbad Hydrologic Unit, which includes the requirement to comply with National Pollutant Discharge Ehmination System (NPDES) and the use of Best Management Practices (BMPs). Constiruction activities for tiiis project are covered under state-wide constiuction permit Order No. 2009-0009-DWQ issued by tiie State Water Resource Conttol Board Permit. As part of tiie permit requkements, tiie applicant will prepare and subnut a Storm Water PoUution Prevention Plan (SWPPP) for tiie project. Through each phase of constiruction, tiie SWPPP wiU identify specific erosion conttol and storm water pollution prevention plan practices that wiU be implemented to protect downstieam water quality. Post-development activities for tiiis project are covered under Order No. R9-2007-0001 issued by the Cafifornia Regional Water Quality Conttol Board San Diego Region. As part of tiiese requkements, the applicant must prepare and submk a Storm Water Management Plan (SWMP) addressing what tteatment Best Management Practices (BMP's) wifi be consttucted to tteat the post-development runoff from the project. The SWMP will address how pollutants from this project will be reduced, captured, filtered, and/or tteated prior to discharge from the project site. Through this process, the project will not violate any water quality standards or waste discharge requirements and impacts are therefore considered to be less than significant. b) No Impact. The project does not propose to dkectiy draw any groundwater. Instead, the project wiU be served by public water disttibution lines that will be extended to the site. Therefore, no impact is assessed. c-e) Less Than Significant Impact. A prehminary Hydrology & Hydraulics Stiidy (March 11, 2009) and a preliminary Storm Water Management Plan (SWMP) (March 9, 2009, JN 1674) were prepared for the project by Manitou Engineering to address hydrology and water quality. According to these reports, existing runoff from the project's south facing slope flows directiy towards Agua Hedionda Creek, whUe the remainder drains towards a northerly intermittent watercourse that flows westerly into a small pond on the adjacent property before draining into Agua Hedionda Creek. Once in Agua Hedionda Creek, drainage flows west towards Agua Hedionda Lagoon and ultimately the Pacific Ocean. The drainage pattern on tiie site is being altered by the development and grading associated with the proposed project. However, while storm water discharge points will divert runoff from the existing condition, the ultimate discharge points wifi remain relatively the same. After being filtered through bio- swales located on individual Lots 4-8 and 10-13, and a bio-filtiation detention basin located on Lot 22, the majority of the anticipated runoff will be dkected towards several locations within tiie open space areas in an effort to reduce the locations of concentiated flow and to maintain and promote growth of the natural vegetation and wetiand habitats. AdditionaUy, project development includes spanning the nortiierly intermittent watercourse with the development of "K" Stieet. Flow at this crossing wifi be maintained via a soft-bottomed bridge stiucture that wiU span a 12 foot section of the watercourse at its narrowest section. The soft-bottom sttucture is designed to more closely replicate natural drainage flows than a standard culvert design used for drainage crossings. Through the implementation of a storm water conveyance system, individual bio-swales, and also a bio-filttation detention basin, the runoff rate exiting the site wifi be slightiy reduced when compared to tiie existing condition and therefore will not cause erosion or flooding. To address water quality for the project. Best Management Practices (BMP's) wiU be implemented during constiuction activities and post-consttuction development. Pollutants of concern are being addressed tiurough site design, source conttol, and tteatment conttol BMP's. Landscaping of slopes wUl be utilized to reduce erosion. Riprap placed in locations of storm drain outfaUs will be used to reduce velocities. Treatinent contiol BMP's, such as landscaping, bio-filtiation swales and bio-filtiation detention basins will address water quality. Through these efforts, tiie project wUl not violate any water quality standards, or otherwise substantially degrade water quality; wiU not substantiaUy alter existing drainage patterns causing substantial erosion, siltation, or fiooding; and will not significantiy impact the capacity of storm water drainage systems. Therefore, impacts are considered to be less than significant. f) Less Than Significant Impact. Consttuction of the proposed project improvements is requked by law to comply with aU federal, state and local water quality regulations, including tiie Clean Water Act and associated NPDES regulations. As mentioned above, the project includes a prefiminary SWMP, and temporary impacts associated with constiuction operation will be mitigated to a less than significant level. The project will not result in permanent or long term degradation of water quality as a resuh of the proposed pollution contiol program. up 32 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO g-h) No Impact. The 43.58-acre project site is located within a 100-year flood hazard area according to Flood Insurance Rate Map (FIRM) No. 060773C0769F. June 19. 1997 (LOMR August 29. 20021 The boundary of this flood hazard area follows Agua Hedionda Creek, which is located in the soutiiern portion of tiie property and outside of tiie development area of tiie project. Therefore, tiie project does not place any housing or sttuctures that could impede or redirect flood flows within the 100-year flood hazard area. No impact is assessed. i) No Impact. According to tiie Citv of Carlsbad Geotechnical Hazards Analvsis and Mapping Studv. Catasttophic Dam FaUure Inundation, Tsunami, and Seiche Hazard Zone Maps (September 1992V tiie southern portion of 43.58- acre project site located along Agua Hedionda Creek is witiiin a Catasttophic Dam FaUure Inundation Zone for Squkes Dam and Reservok. However, no portion of the proposed development area is located within tiiis hazards area. Therefore, tiie project wiU not expose people or stiuctures to a significant risk of loss, injury or deatii involving fiooding. No impact is assessed. j) No Impact. According to the Citv of Carlsbad Geotechnical Hazards Analvsis and Mapping Studv. Catasttophic Dam Failure Inundation. Tsunami, and Seiche Hazard Zone Maps (September 1992). tiie subject property is not located within a Tsunami and Seiche Hazard Zone. Therefore, tiie project would not be impacted or inundated by seiche, tsunami, or mudflow. No impact is assessed. 4? 33 Rev 06/90/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • • K • • Kl • • • X • X. 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 envkonmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? a) No Impact. Development of the proposed project will not physically divide an established community. Therefore, no impact is assessed. b-c) Less Than Significant Impact. The 43.58-acre Rancho Milagro project site is located within the Sunny Creek Specific Plan Area (SP 191), which was adopted by the City of Carlsbad in 1985. The existing environment of the subject property can be generally characterized as rural. The specific development area is situated on a previously disturbed portion of the property in the northern boundary, which is presently used for agriculture. Upland and riparian/wetland habitats surround this area within the northern quarter and southern half of the property. Topographically, the property ranges from approximately 80 feet above mean sea level (MSL) in the southwesterly portions of the property to approximately 200 feet above MSL in the northeasterly portions of the property. Agua Hedionda Creek flows from east to west through the southern quarter of the property and an unnamed tiibutary of Agua Hedionda Creek flows from east to west through the property's northern quarter. The surrounding environment can be generally characterized as rural, interspersed by agricultural fields, native habitat, and scattered residential estate and ranch type properties. To the nortii is the Cantarini property, which was previously developed in agriculture, but is presently fallow. This property is entitied with an approved residential subdivision known as Cantarini Ranch (CT 00-18), and will eventually be developed with 105 single-family residential lots (half-acre minimum lot sizes), an 80 unit multiple-family residential apartment complex, and several open space lots. To the south is an existing 172 small lot single-family residential development known as the Terraces at Sunny Creek (CT 96-02), a multiple-family apartment complex, and the Madonna Hill assisted living facility. To the east, the subject property is bounded by five large parcels of land, three of which are estate/ranch type properties with single-family residences, one is developed in agriculture (northeast parcel, known as the Mandana property), and the other (southeast parcel) is developed with a landscaping business (Brickman Landscaping) which takes access off of Cougar Drive near its intersection with El Camino Real. To the west is a parcel of land known as the Barlow property, which is developed with a single-family residence, several small outbuildings, horse stables, and an outdoor equestiian riding facility. The northerly portion of the subject property, where the residential development is proposed, has a General Plan Land Use designation of Residential Low-Medium Density (RLM). The remaining portion of the property, located in the general vicinity of the Agua Hedionda Creek, has a General Plan Land Use designation of Open Space (OS) over its majority, however, there are two narrow bands of property located between the Agua Hedionda Creek channel and the Terraces at Sunny Creek development that have a combination General Plan Land Use designation of Residential High Density, Commercial, and Office (RH/C/O). This RH/C/O General Plan Land Use designation is a remnant land use designation from a previously approved project (Sycamore Specific Plan, 1984), which never developed and was eventually replaced by the Terraces at Sunny Creek project. A General Plan Amendment is included with the proposal to change the existing designations of the property from RLM/OS/RH/C/O to RLM/OS in order to 1) correct a mapping error, 2) to adjust the General Plan Land Use boundaries to coincide with the Sunny M Rp,v 06/90/1 n GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO Creek Specific Plan land use type and density pattern, and 3) preserve Open Space land in a configuration tiiat coincides witii tiie City of Carlsbad Habitat Management Plan (HMP) requkements. The General Plan Amendment will include amending tiie Official Open Space & Conservation Maps to reflect tiie newly expanded open space areas. The OS designation wifi be applied to open space lots (Lots 20-25) and tiie RLM designation will be applied to tiie boundaries of tiie residential lots (Lots 1-19). The RLM General Plan Land Use designation anticipates single-family residential dwelhngs at 0 to 4 dwelling units per acre with a Growtii Management Conttol Point (GMCP) of 3.2 dweUing units per acre. The project site has a net developable area of 16.62 acreages. At tiie GMCP, the site yields 53 dwelling units. Given the requkement to develop half-acre minimum lot sizes per tiie Sunny Creek Specific Plan and tiie preservation requkements of tiie HMP, tiie project site can yield no more than 19 single-family residential lots. The 19 lot subdivision results in a density of 1.14 dweUing unks per acre, which is within tiie RLM density range of 0 to 4 dwelling units per acre and is tiierefore consistent with the General Plan. The project is compatible witii tiie City of Carlsbad Habitat Management Plan in tiiat the site is designated as a Standards Area and the site does not contain any significant natural resources that cannot be mitigated (see Section IV, Biological Resources). The project is in compliance witii the Akport Land Use CompatibUity Plan (see Section VIII, e-f) for which an Akport Land Use Commission Consistency Determination has been granted by tiie San Diego County Regional Akport Autiiority in a letter dated March 16, 2011. Therefore, impacts are considered to be less than significant. ^^^^ 35 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XL MINERAL RESOURCES - Would tiie project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Resuh in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? a-b) No Impact. There is no indication that tiie 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. • • • K • • • K 36 n<^/9Q/in GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO xn. NOISE - Would tiie project resuh in: a) Exposure of persons to or generation of noise levels in excess of standards estabhshed in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundboume vibration or groundboume noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? PotentiaUy Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact • • • Kl • • Kl • d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above • • • • • • • Kl m • • Kl • • • K ambient noise levels in uic piujc 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 akstiip, would the project expose people residing or working in the project area to excessive noise levels? a) No Impact. The project will not result in exposure of persons to or generation of noise levels in excess of standards established in the General Plan or the City of Carlsbad Noise Guidehnes Manual. The proposed project is located a distance greater tiian 500 feet from a General Plan Ckculation Element Roadway (i.e.. El Camino Real, and the future extension of College Boulevard (Reach-A)), is outside of the 60 dB(A) CNEL noise contour as indicated in the City of Carlsbad's General Plan Noise Element and Noise Guidehnes Manual (Carlsbad Future Noise Exposure Contours Map, forecast year 2010), and is outside of tiie 60 dB(A) CNEL noise contour as indicated in Exhibit III-l of tiie McClellan-Palomar Akport Land Use Compatibility Plan (ALUCP). Therefore, no impact is assessed. b & d) Less than Signiflcant Impact. The anticipated grading operations associated with the proposed project will result in a temporary and minor increase in groundborne vibration and ambient noise levels. Following the completion of grading, ambient noise level and vibrations are expected to remrn to pre-existing levels. Therefore, impacts are considered to be less than significant. c) No Impact. The Rancho Milagro project consists of 19 single-family residential lots witii half-acre minimum lot sizes. The proposal is a large-lot rural estate subdivision for tiie development of future custom single-family homes. Surrounding the project to the north is tiie approved, but not yet buih Cantarini Ranch residential subdivision consisting of 105 half-acre sized single-family residential lots and an 80-unit multiple-family residential apartinent complex. To the south are the Terraces at Sunny Creek residential subdivision, consisting of 172 small lot single- family homes, and also a multiple-family residential apartment complex. The proposed project design is consistent with the Sunny Creek Specific Plan, which estabhshes standards for the residential development of the area and is 37 Rp.v 06/9.0/10 5^ GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO intended to promote a rural estate atmosphere. The proposed project is consistent in land use and intensity with the surrounding residential development and therefore will not result in sustained ambient noise levels that would exceed the established standards. Therefore, no impact is assessed. e) No Impact The subject site is located approximately one mile north of the McCleUan-Palomar Akport and is subject to the Akport Land Use Compatibility Plan (ALUCP). The project was submitted to the San Diego County Regional Akport Authority (SDCRAA) on December 9, 2010 for an ALUCP Consistency Determination. A consistency determination was received from the SDCRAA in a letter dated March 16, 2011. In their letter, the SDCRAA determined the project to be "conditionally compatible". The SDCRAA identifies the project site as being located within Safety Zone 6, is within an overflight notification area, is outside of the 60 db CNEL noise contour, and is in compliance with the ALUCP akspace protection surfaces. The ALUCP identifies residential uses located within Safety Zone 6 and outside of the 60 db CNEL noise contour as being compatible with airport uses. However, because the proposed project is located within an overflight notification area, the ALUCP requires as a condition of approval that an overflight notification be recorded with the County Recorder for new residential land uses. A condition to that effect wiU be applied to the project. As such, it is concluded that the project site will not expose people residing or working in the project area to excessive noise levels. Therefore, no impact is assessed. f) No Impact. The project site is not within the vicinity of a private akstiip, and therefore will not expose people residing or working in the project vicinity to excessive noise levels. Therefore, no impact is assessed.. 53 38 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO Xra. POPULATION AND HOUSING - Would tiie 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 infrastiucture)? b) Displace substantial numbers of existing housing, necessitating the consttuction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the consttuction of replacement housing elsewhere? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact • • • Kl • • • K • • • Kl a-c) No Impact. The project site is located within the boundaries of the City of Carlsbad's Zone 15 Local Facilities Management Plan (LFMP). Existing land uses include agriculture mixed with upland and riparian/wetland habitats. The Zone 15 LFMP was prepared pursuant to the City's Growth Management Program, as outlined in Chapter 21.90 of the Carlsbad Municipal Code. Based on the underlying Zoning and General Plan Land Use designations, the Zone 15 LFMP anticipates that the project site (area RLM-11) would be developed with single-fanuly residential units. Using the residential build out projections, the Zone 15 LFMP identifies the necessary amount of infrastructure and services (i.e., water, sewer, park, libraries, drainage facilities, fke, open space, school, and ckculation elements) that will be required for each development. According to the Zone 15 LFMP, the anticipated number of residential dwelling units for the project site was 88 dwelling units. The proposed residential unit count for the proposed project is 19 dwelling units, representing a 78% reduction from the 88 units originally anticipated by the approved Zone 15 LFMP. Implementation of the proposed project will result in a reduction in the number of residential units and population from that anticipated by the Zone 15 LFMP. Pubhc Services and Utilities implementation of the project would not adversely impact planned or current levels of service for public facilities such as sewer, water, open space, parks, libraries, fire, and police due to the reduction in the number of units anticipated for the site. As a result, the proposed project is not anticipated to have a significant adverse impact to planned residential unit count, population, or growth patterns in the area; and furthermore, the proposed project does not displace existing housing or people. Therefore, no impact is assessed. 39 Rev. 06/29/10 54 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO XW. PUBLIC SERVICES Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 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 constiuction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the pubfic services: i) Fire protection? • • • X ii) Police protection? • • • X iii) Schools? • • • X iv) Parks? • • • X v) Other public facilities? • • • X a.i. - a.v.) No Impact. The project's size, consisting of 19 single-fanuly residential lots at a density of 1.14 dwelling units per acre, is consistent with the General Plan and Sunny Creek Specific Plan. Therefore, tiie project wUl not affect the provision and avaUabUity of pubhc facilities (fke protection, police protection, schools, parks, libraries, etc.). Furthermore, the proposed project shall be subject to the conditions and facility service level requirements within the Zone 15 LFMP. As a result, no significant public service impacts will occur as a result of this project. Therefore, no impact is assessed. 55 40 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO XV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • • X • • • s b) Does the project include recreational facilities or requke tiie consttuction or expansion of recreational facilities, which might have an adverse physical effect on the environment? a-b) No Impact. As part of the City's Growtii Management Program, a performance standard for parks was adopted. The park performance standard requkes tiiat tiu-ee acres of Conununity Park and Special Use Area per 1,000 population within a park district be provided. The project site is located within Park Disttict No. 2, which is within the Nortiiwest Quadrant of the city. All development within the Zone 15 LFMP is conditioned to pay a park- in-lieu fee to satisfy tiie performance standard established by tiie City Growth Management Program. Furtijermore, tiie project does not include any recreational facilities, nor does it require the consttuction of expansion of existing recreational facilities, which might have an adverse physical effect on the envkonment. Therefore, no impact is assessed. 41 5C0, Rev. 06/90/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO XVL TRANSPORTATION/TRAFFIC - Would tiie project: a) Conflict with an applicable plan, ordinance or poficy estabUshing measures of effectiveness for the performance of the ckculation system, taking into account all modes of ttansportation including mass ttansit and non-motorized ttavel and relevant components of the ckculation system, including but not limited to intersections, stteets, highways and freeways, pedesttian and bicycle paths, and mass ttansit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and ttavel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in ak ttaffic patterns, including either an increase in ttaffic 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) Conflict with adopted policies, plans, or programs regarding pubfic ttansit, bicycle, or pedesttian . facilities, or otherwise decrease the performance or safety of such facUities? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • X • • • • • • • s • • • • • • • • • m K K Kl a) Less Than Signiflcant Impact. The 19 lot single-family residential subdivision witii minimum half-acre sized lots wifi generate 228 Average Daily Trips (ADT). This tiaffic wiU utifize College Boulevard and El Camino Real tiirough the extension ofthe approved College Boulevard Reach A once constiucte4 While the increase in tiaffic from the proposed project may be slightiy noticeable, the stieet system is designed and sized to accommodate tiaffic from this project along witii cumulative development witiiin tiie city of Carlsbad. The proposed project wUl not cause an increase in tiaffic that is substantial in relation to tiie existing ttaffic load and capacity ofthe stteet system. Therefore, impacts from the proposed project are considered to be less than significant. b) Less Than Signiflcant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Canuno Real, and Palomar Akport Rd.) and one highway segment in Carlsbad as part ofthe regional ckculation system. The existing LOS on these designated roads and highway in Carlsbad are as follows: 42 Rev. 06/29/10 5*7 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO LOS Rancho Santa Fe Road "A-D" El Camino Real "A-D" Palomar Akport Road "A-D" SR78 "F" The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if tiiat was tiie 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 sttategies. Based on the design capacities of the designated roads and highway and implementation of the CMP sttategies, they will function at acceptable level(s) of service in the short-term and at build-out. c) No Impact. The proposed project does not include any aviation components. The project is consistent with the Akport Land Use Compatibility Plan (ALUCP) for McClellan-Palomar Akport. It would not, tiierefore, resuh in a change of ak ttaffic patterns or result in substantial safety risks. Therefore, no impact is assessed. d) No Impact. All project ckculation improvements will be designed and consttucted to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City's General Plan and Zoning. Therefore, it would not increase hazards due to an incompatible use. No impact is assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requkements of the Fke and Police Departments. Therefore, no impact is assessed. f) No Impact. The project site is located approximately one half-mile northeast of the El Camino Real and CoUege Boulevard intersection. A signalized intersection located at the future extension of College Boulevard (Reach-A) and Stteet "A" of the approved Cantarini Ranch tentative map (CT 00-18) wUl provide primary access to the project site. The future extension of College Boulevard Reach-A will connect El Camino Real and Cannon Road. College Boulevard, El Camino Real, and Cannon Road are each served by pubfic ttansportation (North County Transit Disttict). College Boulevard Reach-A is designed and approved to include bus stops as weU. Bus routes from around North County, as well as bus service to and from the Coaster and Sprinter stations are available. Therefore, no impact is assessed. 43 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO XVIL UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater tteatment requirements of tiie applicable Regional Water Quafity Conttol Board? b) Requke or result in the consttuction of new water or wastewater tteatment facilities or expansion of existing facilities, the consttuction of which would cause significant envkonmental effects? c) Requke or result in the consttuction of new storm water drainage facihties or expansion of existing facilities, tiie consttuction of which could cause significant environmental effects? d) Have sufficient water supplies avaUable to serve the project from existing entitiements 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 tiiat 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 sohd waste? Potentially Significant Impact • • • • PotentiaUy Significant Unless Mitigation Incorporated • • Less Than Significant No Impact Impact • Kl • m • • • • • K • E • Kl • • • m • • • K a-g) No Impact. The proposed residential development will be required to comply with all Regional Water Quality Conwl Board requirements In addition, the Zone 15 LFMP anticipated that the subject project site would eventuaUy be developed with residential uses at a higher density of 3.2 du/ac compared to 1.14 du/ac bdng proposed and therefore wastewater treatment facilities were planned and designed to accommodate future residenud uses on this s.te. All public facilities, including water facilides. wastewater treatment facihties Z drainage facJiUes have been planned and designed to accommodate the growth projections for the City at build-out The proposed development is anticipated to increase the demand for these facilities; however, lhe proposed density 1.14 du/ac) IS less than what was originally anticipated (3.2 du/ac at the Growth Management Conirol Point) for flus site, and thus wiU not result in an overall increase in the City's growth projection in the northeast quadrant Therefore die project does not create development that wiU result in a significant need to expand or consttuct new water faciUties/supplies, wastewater tt-eatment, or storm water drainage facilities. No impact is assessed 44 Rp.v fW/OQ/in 5' GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO XVra. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the envkonment, 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 conimunity, reduce the number or resttict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indkectiy? PotentiaUy Significant Potentially Unless Less Than Significant Mitigation . Significant No Impact Incorporated Impact Impact • X • • • • Kl • • • • Kl a) Potentially Significant Unless Mitigation Incorporated. The proposed project's requked mitigation, as outlined in the Biological Resources section of this report, wiU ensure tiiat tiiere is no degradation of the environment or substantial reductions of habkat and wUdlife species. Cumulative impacts to sensitive plant and wUdlife species within the Multiple Habitat Conservation Plan, (MHCP) Subarea would occur through the proposed project, in absence of the implementation of the HMP, and specifically tiie adjacent preserve system. However, tiie implementation of the HMP provides mitigation for tiiese cumulative impacts because tiie plan has anticipated region-wide impacts and has adopted a preserve system that mitigates for these impacts. The project is consistent with tiie MCHP guidehnes and the HMP regional planning efforts in the City of Carlsbad. Therefore, there will be no cumulative impacts to sensitive upland or wetiand/riparian habitats, and/or fish and wildlife species. Furthermore, the project's requked mitigation as outlined in the Cultural Resources section of this report will preclude any elimination of important examples of major periods of California history or prehistory, tiius reducing impacts to less than significant. b) Less Than Signiflcant Impact. The San Diego Association of Governments (SANDAG) projects regional growth for tiie 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 conttol, ak quality standards, habitat conservation, congestion management standards, etc.. are established to reduce the cumulative impacts of development in the region. AU 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, ttaffic 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 ak quality and regional ckculation. As described above, tiie project would conttibute to a cumulatively considerable potential net increase in emissions throughout the ak basin. However, the ak quality would be essentially the same whether or not the development is implemented. 45 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of tiie regional ckculation system The CMA had determined, based on tiie City's growtii projections in the General Plan, that these designated roadways will fiinction at acceptable levels of service in the short-term and at build-out. The project is consistent with tiie City's growtii projections, and tiierefore, the cumulative impacts from the project to tiie regional ckculation system are less than significant. Witii regard to any other potential impacts associated witii tiie project. City standards and regulations wUl ensure tiiat development of tiie site will not resuh in any significant cumulatively considerable impacts. c) No Impact. Based upon tiie residential nature of the project and tiiat ftiture development of the site will comply with City standards, the project will not result in any dkect or indkect substantial adverse environmental effects on human beings. No impact assessed. 46 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO XVni. EARLIER ANALYSES Earlier analyses may be used where, pursuant to tiie tiering, program EIR, or otiier 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 foUowing on attached sheets: a) Earlier analyses used. Identify earher analyses and state where tiiey 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 tiiat 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. Cp5 47 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in tiie City of Carlsbad Planning Division located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Envkonmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Division. March 1994. 2. Carlsbad General Plan. City of Carlsbad Planning Division. March 1994. 3- Citv of Carlsbad Municipal Code. Title 21 Zoning. City of Carlsbad Planning Division, as updated. 4- Habitat Management Plan for Natural Communities in the Citv of Carlsbad. City of Carlsbad Planning Division. November 2004. 5- Biological Technical Report for tiie Rancho Milagro Studv Area. Carisbad. California (RECON Number 3889.1B). RECON Environmental Inc. April 27, 2011. 6- Rancho Milagro Compliance with HMP Zone 15 Planning Standards Letter. RECON Envkonmental Inc May 4, 2011. 7. Wetiand Delineation Report for tiie Rancho Milagro Studv Area. Carlsbad. California (RECON Number 3889B). RECON Environmental Inc. AprU 24, 2009. 8. California Envkonmental Protection Agency Website: "Cortese List Data Resources". http://www.calepa.ca.gov/SiteCleanup/CorteseList/. Accessed October 6, 2010. 9. Cultural Resources Survev Report for tiie Rancho Milagro Studv Area. Carlsbad. California (RECON Number 3889-lA). RECON Envkonmental Inc. October 27. 2010. 10- Rancho MUagro FarnUand Mapping and Monitoring Program Lands (RECON Number 3889-lB). RECON Envkonmental Inc. November 19, 2010. 11- Rancho Milagro Greenhouse Gas (GHG) Screening Letter. Ldn Consulting. Inc. October 25, 2010. 12. Phase I Envkonmental Site Assessment. Rancho MUagro Development. Geotechnical Exploration, Inc AprU 5. 2005 (Job No. 04-8849). 13. Update Report of Geotechnical Investigation. Rancho MUagro Residential Development. Geotechnical Exploration. Inc. April 27, 2009 (Job No. 04-8849). 14. Storm Water Management Plan for Citv of Carlsbad Tract No. 06-04. Rancho Milagro. Manitou Engineering Company. March 9, 2009 (JN 1674). 15. Preliminarv Hvdrologv & Hydraulics for Citv of Carlsbad Tract No. 06-04. Rancho MUagro. Manitou Engineering Company. March 11, 2009. 16. Flood Insurance Rate Map (FIRM) No. 060773C0769F. June 19, 1997 (LOMR August 29, 2002). 17. Citv of Carlsbad Geotechnical Hazards Analvsis and Mapping Studv. Catasttophic Dam Failure Inundation. Tsunami, and Seiche Hazard Zone Maps. City of Carlsbad Planning Division. September 1992. 18. Citv of Carlsbad Noise Guidelines Manual. City of Carlsbad Planning Division. September 1995. 63 48 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO 19. McClellan-Palomar Airport Land Use Compatibilitv Plan. Akport Land Use Conunission, San Diego County. March 4, 2010. 20. Airport Land Use Commission Consistency Determination - Rancho Milagro Tract. Citv of Carlsbad. San Diego County Airport Authority. March 16, 2011. 49 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. To avoid any impacts to potentially active least BeU's vireo nests, all grading and vegetation clearing activities within 500 feet of riparian habitat shall be conducted outside of tiie breeding season (September 16* to March 14 ). Indirect noise impacts could occur if active nests are located within 500 feet of constiuction during the breeding season. If tiiis condition arises, a qualified biological monitor shall be requked to be on-site during constiuction activities. 2. To avoid any impacts to potentially active southwestern willow flycatcher nests, aU grading and vegetation clearing activities witiiin 500 feet of riparian habitat shall be conducted outside of the breeding season (September 16 to April 31"). Indirect noise impacts could occur if active nests are located within 500 feet of consttuction during the breeding season. If this condition arises, a qualified biological monitor shall be required to be on-site during consttuction activities. 3. To avoid any impacts to potentiaUy active coastal California gnatcatcher nests, all grading and vegetation clearing activities within or adjacent to suitable habitat shall be conducted outside of tiie breeding season (August 16 to February 28*). Indkect noise impacts could occur if active nests are located within 500 feet of consttuction during tiie breeding season. If this condition arises, a quahfied biological monitor shall be required to be on-site diuring consttuction activities. 4. To avoid any impacts to potentially active raptor nests, ttees shall be removed outside of the breeding season (September T' to January 31'*) of local raptor species. If it is determined that ttees must be removed during tiie breeding season (February T* to August 30*), a raptor nest survey shall be conducted by a qualified biologist prior to the removal of any ttees to determine if raptor nests are present. If active nests are discovered, a 500 foot minimum buffer shall be established around tiie ttee untU the young are independent of tiie nest site. No consttuction activity shall be allowed to occur within the buffer area until a qualified biologist has determined that the fledglings are independent of the nest. 5. Impacts to wetiand communities, including southern willow scrub and sycamore/oak woodland shall be mitigated at a 3:1 ratio, with a minimum 1:1 creation component that achieves the "no netToss" standard. Impacts to 0.05 acres of southern willow scrub shall be mitigated by the on-site creation of 0.15 acres of southern willow scrub in preserved open space. Impacts to 0.02 acres of sycamore/oak woodland shall be mitigated by tiie on-site creation of 0.06 acres of sycamore/oak woodland in preserved open space. A conceptual restoration plan has been prepared as part of project biotechnical report, which is proposing to convert a minimum of 0.21 acres of agricultural fields located in Open Space Lot 23 adjacent to tiie northern drainage to suitable wetiand/riparian habitat. The creation of 0.07 acres, representing a 1:1 mitigation ratio, shall be accomplished outside of tiie 100-foot wetiand habkat buffer. The remaining 0.14 acre (2:1 mitigation ratio) shaU be located within the buffer and shall serve to connect the restoration outside of the buffer to the existing drainage. Prior to issuance of a grading permit, and/or the clearing of any habitat on-site, a final wetiands/riparian restoration plan shaU be approved by the City of Carlsbad Planning Department (with concurrence by the USFWS, USACE, and CDFG) to mitigate for the above impacts. Additionally, impacts to USACE (Jurisdictional Wetiands and Non-Wetiand Waters of the U.S.) and CDFG (Riparian and Stteambed) jurisdictional areas shall requke a Section 404 nationwide permit from the USACE, a 1602 Stteambed Alteration Agreement from tiie CDFG, and a 401 State Water Quality Certification from the Regional Water Quality Conttol Board, which shall be obtained prior to tiie issuance of a grading permit and/or the clearing of any habitat on-site. 6. To avoid any potential impacts to vegetation communities in tiie event of a "frac-out" (escape of bentonite slurry into the envkonment) or any other unexpected impact as a result of the jack-and-bore process associated with tiie installation of a sewer pipeline beneath Agua Hedionda Creek, tiie project developer/conttactor shaU submit an Emergency Frac-Out Containment Plan to the satisfaction of the Planning Dkector and City Engineer prior to. the start of consttuction. The plan shall outiine actions to be taken in the event of a frac-out. The plan shall include a requkement to immediately notify a qualified biologist (to be named) who will assess impacts to the natural resources and contact the City and appropriate resource agencies within 24 hours of the event. Any mitigation for impacts shall be requked at a ratio of at least 3:1. The location and composition of tiiis 50 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO mitigation shall be determined at the time of the impact, once the scope and nature of the impact can be determined. 7. The project shall preserve a minimum 67% (5.70 acres) of existing coastal sage scrub in open space. 8. Dkect impacts to 2.56 acres of unoccupied Diegan Coastal Sage Scrub/Disturbed Diegan Coastal Sage Scrub (HMP Habitat Group D) shall be mitigated at a 1:1 ratio. The impacts shall result in no net loss of coastal sage scrub as provided in the HMP. Impacts to 2.56 acres of unoccupied Diegan Coastal Sage Scrub/Disturbed Diegan Coastal Sage Scrub shaU be mitigated by the on-site creation of a ininimum 2.56 acres of Diegan Coastal Sage Scrub in preserved open space. A conceptual restoration plan has been prepared as part of project biotechnical report, which proposes to convert 1.50 acres of agricultural lands, 0.04 acres of developed lands, and 1.40 acres of non-native grassland to Diegan coastal sage scrub. The restoration will occur in Open Space Lots 23 and 24. Prior to issuance of a grading permit, and/or the clearing of any habitat on-site, whichever occurs first, a final restoration plan shall be approved by the City of Carlsbad Planning Department (with concurrence by the USFWS and CDFG) to mitigate for the above impacts. 9. Impacts to 15 California adolphia (California Native Plant Society List 2 species) shall be mitigated through the on-site creation of 30 California adolphia, which shall be included in the plant palette of the requked Diegan coastal sage scrub restoration. Seeds shall be collected from the plants on-site and propagated in an appropriate nursery facility until they are of sufficient size for planting. Prior to issuance of a grading permit, and/or the clearing of any habitat on-site, whichever occurs fkst, a final restoration plan shall be approved by the City of Carlsbad Planning Department (with concurrence by the USFWS and CDFG) to mitigate for the above impacts. 10. Impacts to 2.50 acres of non-native grassland (HMP Habitat Group E) shall be mitigated at a ratio of 0.5:1 through the on-site preservation of 1.25 acres of non-native grassland. 11. Prior to issuance of a grading permit, and/or the clearing of any habitat, whichever occurs fkst, mitigation for impacts to 11.83 acres of agricultural lands (HMP Habitat Group F) shall be mitigated through the payment of an in-lieu mitigation fee. 12. Prior to issuance of a grading permit, and/or the clearing of any habitat on-site, whichever occurs fkst, the Developer shall take the following actions to the satisfaction of the Planning Dkector in relation to Open Space Lots 20, 21, 23, and 24, which are being conserved for natural habitat in conformance with the City's Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the requkements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the Planning Dkector and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. d. Record a Conservation Easement over the open space lot(s). e. Prepare a Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity. 13. Fke Management: A Fke Protection Plan has been included as part of tiie project design. All fke management activities shall occur completely within the development boundaries and shall not occur within any of the HMP open space conservation areas. Landscaping on these adjacent slopes shall include low-fuel native species in compliance with the HMP. 51 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO 14. Erosion conttol: Prior to issuance of a grading permit, Developer shall obtain approval of an erosion conttol plan. The plan shall identify areas susceptible to erosion on tiie property and immediately adjacent to tiie HMP open space conservation areas. Mechanical and biological metiiods shall be implemented to conttol any potential erosion, including engineering the manufactured slopes to maximize slope stability; choosing appropriate plants for tiie slopes to reduce the level of erosion of the slopes; implementing post-consttuction best management practices (BMPs) that shaU ensure run-off is appropriately treated to minimize tiie potential for erosion; and implementing constiiiction-level BMPs to prevent any silt from entering any of the HMP open space conservation areas. Landscaping Resttictions: The Final Landscape plans for the bmsh management zones and along development slopes adjacent to the HMP open space conservation areas shall require the use of a native plant palette consistent with the adjacent native vegetation communities, prohibit tiie use of ornamental invasive species, and limit tiie use of fertiUzers to prevent excess run-off from entering the HMP open space conservation areas.' The project shaU conttol krigation of landscaping adjacent to tiie HMP conservation areas so as to prevent runoff from spreading into the preserve. In addition, tiie use of cultivars of native species shall be prohibited to avoid genetic contamination of the native plant species in the preserve. 16. Fencing and Signs: Prior to tiie release of grading securities or tiie issuance of a building permit for any homes, whichever occurs furst, fencing shall be installed. along the perimeter of the development to discourage the access of humans and limit domestic pets into tiie HMP open space conservation areas. Fencing placed at tiie property line between tiie residential lots and the HMP open space conservation areas shall consist of a minimum 5-foot-high black vinyl coated chain-link. Fencing separating the HMP open space conservation areas from tiie project boundaries along Stteet "K", Stteet "X", and the riparian overiook seating area (Lot 25) shaU consist of a minimum 42 inch high 3 rail composite wood ranch-style fence. Signage shaU be placed at consistent intervals along these fence lines to inform the public and individual homeowners about the presence and function ofthe HMP open space conservation areas. 17. Lighting Resttictions: Exterior lighting in the residential yards and along the project boundaries located adjacent to tiie HMP open space conservation areas shall be of a minimum necessary for safety and security and shall be shielded or directed away from the HMP open space conservation areas to the maximum extent practicable so as to avoid increasing tiie nighttime light input into tiie open space preserve. Project CC&Rs shall include such lighting restrictions. Predator and exotic species conttol: The perimeter fence separating residential lots located adjacent to tiie HMP open space conservation areas shall consist of a minimum 5-foot-high black vinyl coated chain-link designed to limit access of domestic and feral animals to the open space areas. Project CC&Rs shall include text to educate homeowners regarding responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, prohibiting tiie release of pets into the wild, etc.). Any long-term management on-site may also include development of a cowbird ttapping program, native predator program, and exotic plant conttol program. 19. Archeological mitigation measures shall be implemented as foUows: a. Prior to the issuance of grading permits, tiie owner/developer shall retain tiie services of a qualified archeologist to oversee and implement the cultural resources mitigation measures as discussed herein. Verification shall be documented by a letter from the developer and tiie archeologist to the City ofCarlsbad Planning Director. b.' Prior to the issuance of grading permits, tiie collection and documentation of a valid sample of tiie significant scientific data contained witiiin CA-SDI-9698, CA-SDI-9699, and the portion of CA-SDI-9701 impacted by the project shall be performed. The collection and documentation shall involve tiie following actions: 1) preparation of a research design; 2) excavation of a phased sample (tiie size of tiie samples shall be sufficient to recover tiie scientific data for which tiie resources were determined significant); 3) catalogue and report results of the field work; and 4) curation of all cultiiral materials, including original maps, field notes, catalog information, and final report with an appropriate institution consistent with state and federal standards. All work shall be completed under tiie dkection of a qualified archeologist and to tiie satisfaction of tiie City of Carlsbad Planning Dkector. 52 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO c. Prior to conunencement of grading, a qualified archeologist shaU be present at the pre-consttuction meeting to consult with the grading and excavation conttactors. d. Prior to conunencement of grading, the owner/developer shaU 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 tiie requkement of ttibal monitoring and to formalize procedures for tiie tteatment of Native American human remains and burial, ceremonial, or culmral items that may be uncovered during any ground disturbance activities. e. In the event that any cultural resources, concentiation of artifacts, or culturally modified soil deposits are discovered within the project area at any time during bmshing, grading, and/or consttuction activities, tiie archeologist 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. f. The discovery of any resource shall be reported to the City of Carlsbad Planning Dkector prior to any evaluation testing. g. If any deposits are evaluated as significant under CEQA, mitigation may be requked as recommended by the archeologist. 20. Paieontological mitigation measures shall be implemented as follows: a. The owner/developer shaU conttact with a Quahfied Paleontologist to be on-site at the time of the initiation of project grading, and a report of the findings shall be submitted to the City of Carlsbad Planning Dkector following completion of excavation. b. Prior to tiie issuance of a grading permit, tiie owner/developer shaU provide a letter stating tiiat a Quahfied Paleontologist has been retained to implement the monitoring program described herein. A QuaUfied Paleontologist is defined as any person holding an advanced degree in paleontology, or closely related discipfine such as geology or paleobiology, and also having at least four (4) years of experience with the geological formations of San Diego County. The Quahfied Paleontologist shall supervise Paieontological Field Monitors to be utilized during the project. Minimum qualifications for Paieontological Field Monitors shall be a Bachelors degree in paleontology, plus one (1) year of experience with the geological formations of San Diego County. c. All persons involved in the paieontological monitoring of tiiis project shall be approved by City staff prior to the start of consttuction excavation. The owner/developer shall notify City staff of the start and end of the consttuction. d. The Qualified Paleontologist shaU attend any preconsttuction meeting to make conunents and/or suggestions concerning the monitoring program as it specificaUy relates to the consttuction plans and schedule. All areas requiring monitoring shall be noted on the grading plans of the job foreman and the Paieontological Field Monitor. It is the job foreman's responsibility to notify the Qualified Paleontologist 24-hours prior to grading areas where monitoring is required. e. The Qualified Paleontologist or Paieontological Field Monitor shall be present on-site fuU-time during excavations in moderately or highly sensitive geological formations. In the event that fossils are encountered, the Qualified Paleontologist or Paieontological Field Monitor shall notify the job foreman and shall have the authority to divert, re-dkect, or temporarily stop ground disturbing activities in the area of discovery to aUow an initial assessment of the deposit as well as to recover samples. A fossil discovery may be of a caliber that the Qualified Paleontologist must evaluate its significance to determine if a larger " salvaging program is requked to mitigate adverse impacts. All discovered fossil sites shall be recorded at the San Diego Natural History Museum in conformance with tiiek standard procedures. f. If tiie Qualified Paleontologist determines that a discovery is significant, then he or she will prepare a salvage plan that specifies techniques to be used for the recovery of fossils in a timely fashion. City staff 53 Rev. 06/29/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO must review and approve the salvage plan prior to its implementation and prior to the resumption of excavation anywhere near the discovery locale. g. AU fossU remains recovered during the monitoring program shaU be cleaned, sorted, repaked and cataloged. Specialized studies such as palynology, grain-size, or radiomettic analyses shaU be conducted as appropriate Ultimately, aU recovered specimens, field notes, photographs, sketches, catalogs, special studies, and related items wUl be prepared for curation in an appropriate institution. The owner/developer shall curate all collections to the receiving institution and shaU provide a copy of the letter of acceptance from the qualified curation facUity in an appendix to tiie final monitoring report. h. The Qualified Paleontologist shaU be responsible for preparing an appropriate technical report to fiiUy docunient tiie results of the monitoring program. MinimaUy, negative monitoring reports must briefly describe tiie constiuction project, hst tiie personnel utiUzed, and specify tiie dates monitoring was performed. The field methods used must be identified and a summary of the observed stiatigraphy shaU also be provided. o t- j i. If fossUs are encountered and coUected during tiie monitoring program, tiie monitoring report shall include some or aU ofthe foUowmg information as appropriate. The methods discussion shaU include techniques used m tiie salvage effort in addition to a complete description of tiie various laboratory methods used mcluding any special studies undertaken. The stiatigraphy of each collecting locality shall be described and a fuU descnption of aU invertebrates, reptUes, birds and mammals collected or observed shaU be provided. The results of any special studies shaU be presented along with a discussion ofthe importance of tiie total coUection to expanding knowledge ofthe prehistoric past. Prior to tiie addition of any new fill or stiuctural improvements on-site, the developer shall remove and re- compact expansive soUs m accordance with tiie recommendations identified in tiie "Preliminary Geotechnical Investigation" prepared by Geotechnical Exploration Inc. (April 27, 2009, Job No. 04-8849). 22. A portion of tiie northeasteriy boundary of Lot 7, as shown on the conceptual landscape plans, shall be restticted by a modified 30-fGot wide Fire Protection Zone A-1 standard, aU to tiie satisfaction ofthe City ofCarlsbad Fire Marshall and Planning Dkector. 23. A portion of tiie southeasterly boundary of Lot 4, as shown on the conceptiial landscape plans, shaU be restticted by a modified 40-foot wide Fire Protection Zone A-1 standard and a solid 6 foot high masonry fire protection waU, all to tiie satisfaction of tiie City ofCarlsbad Fke Marshall and Planning Dkector. 24. A portion of the nortiierly boundary of Lot 19, as shown on tiie concepmal landscape plans, shall be restticted by a modified 40-foot wide Fke Protection Zone A-1 standard and a solid 6 foot high masom-y fire protection wall, all to the sattsfaction of the City of Carlsbad Fire Marshall and Planning Director 21, 54 Rev. 06/99/10 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 RANCHO MILAGRO APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATDSTG MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date 55 Rev. 06/29/10 1 ^ - o =• -D 9: >'2. 2 n » § » « a o 3 n „ ^ S- - ^ O i - -M (D D}. r* 0) S ^ o" o 5-C 3 =i Z9 § o §• 3 S f2 (D w w i; £ O 3 (5 - <3 S ^. » =^ i 0) o O W 3 3 2 M :5 (D g 3 g w =•--I S^o ° i "T (0 3 w O OL 3 3. S" 5 " • • cc 3" =: C_ Z. «• cr 9» S ® 3 o o_ -. 3 3 3 cr.<Q 0) 3 u nS • =0)1: o- 3 3 <D Q- <D -. Q. 0) 3 0) M i^i <D • Q. 0) 3 Q. Q. 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Q) 3- 3. o dl. 0 fl) 3 CrCQ ^ ' CQ o fl) fl) •o 0 fl) 3 3 3 CQ (Q fi) o' 3 0 fi) (0 Sill 3 <CQ D 0 fl) q.| CO 3 3 < ro S 3' 0) o" 3 Page 4 of 17 Mitigation-Measure 6. To avoid any potential impacts to vegetafion communities in the event of a "frac-out" (escape of bentonite slurry Into the environment) or any other unexpected impact as a result of the jack-and-bore process associated with the installation of a sewer pipeline beneath Agua Hedionda Creek, the project developer/contractor shall submit an Emergency Frac- Out Containment Plan to the satisfaction of the Planning Director and City Engineer prior to the start of construction. The plan shall outiine actions to be taken in the event of a frac-out. The plan shall include a requirement to immediately notify a qualified biologist (to be named) who will assess impacts to the natural resources and contact the City and appropriate resource agencies within 24 hours of the event. Any mitigation for impacts shall be required at a ratio of at least 3:1. The location and composition of this mitigation shall be determined at the time of the impact, once the scope and nature of the impact can be determined. Monitoring Type^ Prior to the start of construction. Monitoring. • Department Planning and Engineering Shown on Plans Verified Implementation Remarks 7. The project shall preserve a minimum 67% (5.70 acres) of existing coastal sage scrub in open space. Prior to issuance of a grading permit, and/or the clearing of any habitat on-site. Planning 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. Page 5 of 17 MJtigation Measure Monitoring Jm Monitoring Department Shown on Plans Verified " Implementation Remarks' Direct impacts to 2.56 acres of unoccupied Diegan Coastal Sage Scrub/Disturbed Diegan Coastal Sage Scrub (HMP Habitat Group D) shall be mitigated at a 1:1 ratio. The impacts shall result in no net loss of coastal sage scrub as provided in the HMP. Impacts to 2.56 acres of unoccupied Diegan Coastal Sage Scrub/Disturbed Diegan Coastal Sage Scrub shall be mitigated by the on-site creation of a minimum 2.56 acres of Diegan Coastal Sage Scrub in preserved open space. A conceptual restoration plan has been prepared as part of project biotechnical report, which proposes to convert 1.50 acres of agricultural lands, 0.04 acres of developed lands, and 1.40 acres of non- native grassland to Diegan coastal sage scrub. The restoration will occur in Open Space Lots 23 and 24. Prior to issuance of a grading permit, and/or the clearing of any habitat on-site, whichever occurs first, a final restoration plan shall be approved by the City of Carlsbad Planning Department (with concurrence by the USFWS and CDFG) to mitigate for the above impacts. Prior to issuance of a grading permit, and/or the clearing of any habitat on-site. Planning 9. Impacts to 15 California adolphia (California Native Plant Society List 2 species) shall be mitigated through the on-site creation of 30 California adolphia, which shall be included in the plant palette of the required Diegan coastal sage scrub restoration. Seeds shall be collected from the plants on-site and propagated in an appropriate nursery facility until they are of sufficient size for planting. Prior to issuance of a grading permit, and/or the clearing of any habitat on-site, whichever occurs first, a final restoration plan shall be approved by the City of Carlsbad Planning Department (with concurrence by the USFWS and CDFG) to mitigate for the above impacts. Prior to issuance of a grading permit, and/or the clearing of any habitat on-site. Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Pians = When mitigation measure is shown on plans, this column will be initialed and dated. •j-JVerlfied implementation = When mitigation measure has been implemented, this column will be initialed and dated. VjVlemarlcs = Area for describing status of ongoing mitigation measure, or for other infonnation. RD - Appendix P. Page 6 of 17 ' Mitigation Measure. Monitoring. Type Monitoring Department Shown on Plans .'Verified Implementation Remarks 10. Impacts to 2.50 acres of non-native grassland (HMP Habitat Group E) shall be mitigated at a ratio of 0.5:1 through the on-site preservation of 1.25 acres of non- native grassland. Prior to issuance of a grading permit, and/or the clearing of any habitat on-site. Planning 11. Prior to issuance of a grading permit, and/or the clearing of any habitat, whichever occurs first, mitigation for impacts to 11.83 acres of agricultural lands (HMP Habitat Group F) shall be mitigated through the payment of an in-lieu mitigation fee. Prior to issuance of a , grading permit, and/or the clearing of any habitat on-site. Planning 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. ^D^ Remarics = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Page 7 of 17 Mitigatipn Measure Monitoring Type Monitoring: Department Shown :Qn- Plans verified " r"^^.- Implementation'^ fRemarks 12. Prior to issuance of a grading permit, and/or the clearing of any habitat on-site, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to Open Space Lots 20, 21, 23, and 24, which are being conserved for natural habitat in conformance with the City's Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. c. Based on the results of the PAR, provide a non- wasting endowment or other financial mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. d. Record a Conservation Easement over the open space lot(s). e. Prepare a Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity. Prior to issuance of a grading permit, and/or the clearing of any habitat on-site. Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Pians = 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 infonnation. RD - Appendix P. Page 8 of 17 Mitigation Measure. Monitoring Monitoring Department Shown on Plans Verified- Implementation Remarksf'^'^^ 13>Fire Manaqement: A Fire Protection Plan has been included as part of the project design. All fire management activities shall occur completely within the development boundaries and shall not occur within any of the HMP open space conservation areas. Landscaping on these adjacent slopes shall include low-fuel native species in compliance with the HMP. Prior to issuance of a grading permit. Ongoing condition. Planning and Fire 14. Erosion control: Prior to issuance of a grading permit. Developer shall obtain approval of an erosion control plan. The plan shall identify areas susceptible to erosion on the property and immediately adjacent to the HMP open space conservation areas. Mechanical and biological methods shall be implemented to control any potential erosion, including engineering the manufactured slopes to maximize slope stability; choosing appropriate plants for the slopes to reduce the level of erosion of the slopes; implementing post- construction best management practices (BMPs) that shall ensure run-off is appropriately treated to minimize the potential for erosion; and implementing construction-level BMPs to prevent any silt from entering any of the HMP open space conservation areas. Prior to issuance of a grading permit. Ongoing condition. Planning and Engineering Explanation of Headings: Type = Projecft, ongoing, cumulative. 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O P a S O cr CQ O c 3 0 a fl) fl) 0 =i to s ? z = O' r- 0 W to 0. O 0 0 to Z CO CO O CD CD q O) m O CD 2. -I 3 ' O =j 3 > Z"D I CD fl) CO o a O O 0 -5-(D CL CD O CD rr CO O 5^ CD =r O 0 a C2.2 (Q cr 3 o 8 ^ a Q-CO Q. Q o 0' p |i 3-0 (Q fi) O 3 f fi) tn c !rr*¥\^r-»-rt^- 0_n\ fl) -D "O 5 ll 0 0) Cl cr. CO o fl) -3 3 •g. 0 0) CL 0 CL CL rt; O "O ^ O 0 3 0"E 2 a I Sco § ii:a Q. Q) rt-fl) o o 3 a o 0' ^'CQ as Cl ;:r fl) rt 3 CQ TJ 0 <: w> rt rt-- fi) 3 3- q rt--rt ".3 CO • CO 3-fi) ^5 0 T ^ Z O CD > o 3-0 CD i- O 0 o TJ 3 fi) rt-- q- o §CQ CO ^ o 3 q < CD Z 3- CD 3 .0 3 «Q. 0 .3 rt-fi) cr I o" 3 73 0 3 0) -1 CO Page 12 of 17 Mitigation i\/leasure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Rennarks 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 brushing, grading, and/or construction activities,, the archeologist 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. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. If any deposits are evaluated as significant under CEQA, mitigation may be required as recommended by the archeologist. 20. Paieontological mitigation implemented as follows: measures shall be The owner/developer shall contract with a Qualified Paleontologist to be on-site at the time of the initiation of project grading, and a report of the findings shali be submitted to the City of Carlsbad Planning Director following completion of excavation. Prior to the issuance of a grading permit. Monitoring throughout grading activities. Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept = Department, or Agency, responsible fqr monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. v^)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 13 of 17 IM itigation {Measure Monitoring Monitoring/ Department- Shown on Plans Verified. - Implementation^ .Remarks b. Prior to the issuance of a grading permit, the owner/developer shall provide a letter stating that a Qualified Paleontologist has been retained to implement the monitoring program described herein. A Qualified Paleontologist is defined as any person holding an advanced degree in paleontology, or closely related discipline such as geology or paleobiology, and also having at least four (4) years of experience with the geological formations of San Diego County. The Qualified Paleontologist shall supervise Paieontological Field Monitors to be utilized during the project. Minimum qualifications for Paieontological Field Monitors shall be a Bachelors degree in paleontology, plus one (1) year of experience with the geological formations of San Diego County. c. All persons involved in the paieontological monitoring of this project shall be approved by City staff prior to the start of construction excavation. The owner/developer shall notify City staff of the start and end of the construction. d. The Qualified Paleontologist shall attend any preconstruction meeting to make comments and/or suggestions concerning the monitoring program as it specifically relates to the construction plans and schedule. All areas requiring monitoring shall be noted on the grading plans of the job foreman and the Paieontological Field Monitor. It is the job foreman's responsibility to notify the Qualified Paleontologist 24-hours prior to grading areas where monitoring is required. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Pians = 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. \ji)Remarks = Area for describing status of ongoing mitigation measure, or for other infonnation. RD - Appendix P. Page 14 of 17 IMitigation IMeasure Monitoring Im Monitoring Department Shown on Plans Verified Implementation Remarics The Qualified Paleontologist or Paieontological Field Monitor shall be present on-site full-time during excavations in moderately or highly sensitive geological formations. In the event that fossils are encountered, the Qualified Paleontologist or Paieontological Field Monitor shall notify the job foreman and shall have the authority to divert, re-direct, or temporarily stop ground disturbing activities in the area of discovery to allow an initial assessment of the deposit as well as to recover samples. A fossil discovery may be of a caliber that the Qualified Paleontologist must evaluate its significance to determine if a larger salvaging program is required to mitigate adverse impacts. All discovered fossil sites shall be recorded at the San Diego Natural History Museum in conformance with their standard procedures. If the Qualified Paleontologist determines that a discovery is significant, then he or she will prepare a salvage plan that specifies techniques to be used for the recovery of fossils in a timely fashion. City staff must review and approve the salvage plan prior to its implementation and prior to the resumption of excavation anywhere near the discovery locale. 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. jCRemarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Page 15 of 17 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified"' Implementation Remarks , ' 'Ss" g. All fossil remains recovered during the monitoring program shall be cleaned, sorted, repaired, and cataloged. Specialized studies such as palynology, grain-size, or radiometric analyses shall be conducted as appropriate. Ultimately, all recovered specimens, field notes, photographs, sketches, catalogs, special studies, and related items will be prepared for curation in an appropriate institution. The owner/developer shall curate all collections to the receiving institution and shall provide a copy of the letter of acceptance from the qualified curation facility in an appendix to the final monitoring report. h. The Qualified Paleontologist shall be responsible for preparing an appropriate technical report to fully document the results of the monitoring program. Minimally, negative monitoring reports must briefly describe the construction project, list the personnel utilized, and specify the dates monitoring was performed. The field methods used must be identified and a summary of the observed stratigraphy shall also be provided. 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. Page 16 of 17 Mitigation Measure Monitoring iType : ' Monitonng Department Shown on Plans Verified Implementation • Remarks i. If fossils are encountered and collected during the monitoring program, the monitoring report shall include some or all of the following information as appropriate. The methods discussion shall include techniques used in the salvage effort in addition to a complete description of the various laboratory methods used including any special studies undertaken. The stratigraphy of each collecting locality shall be described and a full description of all invertebrates, reptiles, birds and mammals collected or observed shall be provided. The results of any special studies shall be presented along with a discussion of the importance of the total collection to. expanding knowledge of the prehistoric past. 21. Prior to the addition of any new fill or structural improvements on-site, the developer shall remove and re-compact expansive soils in accordance with the recommendations identified in the "Preliminary Geotechnical Investigation" prepared by Geotechnical Exploration Inc. (April 27, 2009, Job No. 04-8849). Prior to the addition of any new fill or structural improvements on-site. Planning and Engineering 22. A portion of the northeasterly boundary of Lot 7, as shown on the conceptual landscape plans, shall be restricted by a modified 30-foot wide Fire Protection Zone A-1 standard, all to the satisfaction of the City of Carisbad Fire Marshall and Planning Director. Prior to the issuance of a grading permit. On-going condition. Planning and Fire 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. CReniarks = Area for describing status of ongoing mitigation measure, or for other infomiation. • RD - Appendix P. Page 17 of 17 Mitigation Measure Monitoring Type Monitoring' Department ' -Shown on •Plans Verified Implementation Remarks ' 23. A portion of the southeasteriy boundary of Lot 4, as shown on the conceptual landscape plans, shall be restricted by a modified 40-foot wide Fire Protection Zone A-1 standard and a solid 6 foot high masonry fire protection wall, ail to the satisfaction of the City of Carisbad Fire Marshall and Planning Director. Prior to the issuance of a grading permit. On-going condition. Planning and Fire 24. A portion of the northerly boundary of Lot 19, as shown on the conceptual landscape plans, shall be restricted by a modified 40-foot wide Fire Protection Zone A-1 standard and a solid 6 foot high masonry fire protection wall, all to the satisfaction of the City of Carlsbad Fire Marshall and Planning Director. Prior to the issuance of a grading permit. On-going condition. Planning and Fire Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Pians = 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. <>^emarks = Area for describing status of ongoing mitigation measure, or fpr other information. RD - Appendix P. Ac,„o, FILECOPY V(CARLSBAD Planning Division www.carlsbadca.gov February 1, 2012 VIA E-MAIL AND U.S. MAIL Preserve Calavera Attn: Diane Nygaard 5020 Nighthawk Way Oceanside, CA 92056 SUBJECT: RESPONSE TO PRESERVE CALAVERA COMMENTS REGARDING NOTICE OF INTENT TO ADOPT A MitlGATED NEGATIVE DECLARATION FOR THE RANCHO MILAGRO - PROJECT NO. GPA 06-03/ZC 06-02/CT 06-04/SUP 06- 05/HDP 06-01/HMP 09-01 Dear Ms. Nygaard, This letter replaces our January 5, 2012 response to comments letter, which has been revised to reflect your meeting with the developer's representative Jack Henthorn of Jack Henthorn and Associates. As previously noted, thank you for your comment letter dated September 26, 2011 responding to the Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the Rancho Milagro project, which is proposed on a site generally located approximately one half- mile northeast of the intersection of College Boulevard and El Camino Real, within the northeast quadrant of the City of Carisbad, County of San Diego, State of California, Assessor's Parcel Number 209-060-61 and a portion of 209-060-23. Staff has subdivided this response letter into the three issue areas (i.e.. Biological Resources, Hydrology, and Traffic) identified in your letter. Each comment of yours is identified below in italic text followed by staff response. Biological Resources: -The project fias eliminated impacts to tfie wetlands and 100' buffer except for tfie single road crossing which is consistent with the provisions of the HMP. However, the MND does not specify that the buffer is being restored to acceptable conditions. Full HMP consistency requires that this buffer is restored. We believe this should be to coastal sage scrub but other habitat types could be considered in consultation with the wildlife agencies. RESPONSE: The project is proposing to restore ali of the wetiand buffer area in question by converting all of remaining agricultural lands and most of the non-native grassland to coastal sage scrub in the 100 foot buffer area ofthe wetiands (i.e.. Open Space Lots 23 and 24). The only area not proposed for conversion is the western most area of non-native grassland. This area contains the dirt access road that serves the adjacent properties, and thus through discussions with the Wildlife Agencies, was not identified as a reasonable site for restoration. Mitigation Measure No. 8 addresses this area of comment concern. -The road crossing over Agua Hedionda does not specify the height of the Conspan bridge. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 65 RANCHO MILAGRO MND - PRESERVE CALEVERA RESPONSE LETTER February 1,2012 Page 2 The Biological Resources technical study identified, and we confirm, the presence of deer in this area. Adequate undercrossings for deer require 8' height. Please clarify the height of this undercrossing and explain what additional measures will be used to assure this crossing supports the movement of deer. This should include consideration of appropriate fencing and signage. RESPONSE: Please be aware that in consultation with the Wildlife Agencies, the applicant was advised that an openness factor (height x width/distance) of greater than 0.6 should be used for the design of the Con-span bridge crossing. The EIA states, and is confirmed by the plans, that the Con-span bridge crossing is 5 ft. in height and 12 ft. in width, for a distance of 75 ft., resulting in an openness factor of 0.8 and exceeding the minimum requirements recommended by the Wildlife Agencies. Staflf has conferred with the developer, and they have agreed that at final design they will analyze any grading constraints and increase the height of the bridge opening as close to eight (8) feet as is practical, but not less than five (5) feet in height or 12 feet in width. Also, the 16 foot wide all weather maintenance access road leading down into the northern drainage adjacent to the bridge will be gated in a manner to discourage pedestrian encroachment into the preserve and furthermore to discourage wildlife movement onto or across "K" Street. Conditions will be added to the project to reflect these revisions -There is a small area of eucalyptus woodland that will be located within the southern hardline preserve. Since eucalyptus do not support understory native plants, support very limited native wildlife, and change soil chemistry we request that the PAR and management plan for the hardline preserve include restoring this eucalyptus woodland to the appropriate native habitat. RESPONSE: Many factors go into the decision to remove eucalyptus within the preserve area including cost/benefit, potential use of trees by raptors, and aesthetics. These factors are considered by the biologist and future preserve manager when preparing the Preserve Management Plan and PAR. Even if not removed, limiting the expansion of the exiisting eucalyptus stand is always included in the management plan. -The MND includes that the management plan will include monitoring for cowbirds, but there are no provisions for trapping/removal when they are found to be present. They are already present in the area and since this is formally designated as an equestrian area it should be assumed that they will continue to be present. Monitoring without a plan for trapping/removal is meaningless. It also is not possible to have an effective removal program that only addresses the boundaries of this single project when cowbirds are present throughout the area. There needs to be a broader area-wide program, not just for cowbird monitoring, but for trapping and removal. The management endowment for all projects in the area needs to include a portion of the costs needed for such a program. RESPONSE: The long-term management plan still needs to be developed. The need to trap cowbirds will be assessed and if warranted, trapping will be included in the Preserve Management Plan and PAR. A condition will be added to the project requiring that during the preparation of the Preserve Management Plan, the Preserve Manager will evaluate the need for cowbird trapping within the Rancho Milagro preserve and any necessary coordination with the City's Preserve Steward on any cowbird trapping activities in the immediate vicinity. -There is a 5' wide meandering trail through the project site that connects to Cantarini/Holly springs on one end and to Mandana on the other. Our concern is that providing a section of trail ^ RANCHO MILAGRO MND - PRESERVE CALEVERA RESPONSE LETTER February 1, 2012 Page 3 that ends in what is currently open space on each end will encourage increased public use of these adjacent lands and nearby hardline prese/ves, potentially adding to ongoing problems of habitat loss from unauthorized trail building use. This continues to be a significant problem in the Calavera Highlands and Lake Calavera areas that connect to this area. There needs to be specific provisions to limit public access at both ends of this trail until there is trail continuation through the adjacent projects. This needs to include some reasonable level of monitoring and enforcement to restrict unauthorized public access. RESPONSE: The proposed project cannot be built until the circulation roads that connect through Cantarini Ranch have been constructed. Thus the northern end of the meandering 5-ft. trail would not end on unregulated open space. The eastern end ofthe trail ending at the Mandana property will need to be physically closed (e.g. fenced) and/or signed to warn of illegal trespass. While these factors will be considered by the biologist and future preserve manager when preparing the Preserve Management Plan and PAR, a condition will be added to the project requiring the installation of a fence at the subdivision boundary adjacent to the Mandana property, which will be designed to discourage pedestrian access onto private property. -It is not clear what level/type of management will be provided on the two open space lots that are designated as HOA lands. Please clarify what management will be done on those two lots and include provisions that they will meet all edge effect conditions per the MHCP/HMP including invasives removal, trash control, and night lighting. RESPONSE: These issues will be addressed as provisions of the required project Covenants, Conditions and Restrictions (CC&Rs) as normally required through the conditions of project approval. Hvdrologv: -The MND specifies the process that will be used if there are additional impacts associated with fracturing from the drilling for the sewer line under Agua Hedionda. Nowhere does this mention any public reporting or opportunity for the public to review the impacts and proposed mitigation if this should occur. Please clarify how the public will be able to be involved for the mitigation for any such future impacts that are not known at this time. We would request that this specifically include notification to Preserve Calavera and the Agua Hedionda Lagoon Foundation. RESPONSE: The procedures for mitigating the impacts of fracturing as outlined in the MND include an assessment by a qualified biologist who will notify the City and appropriate agencies within 24 hours. Mitigation for any impacts will be performed at a ratio of not less than 3:1 (mitigation to impact). All reports and plans will be available as public records through the City of Carisbad. -The mitigation measures (MM) specify there will be restrictions to limit the amount of fertilizer used on the land adjacent to the hardline preserve, but there are numerous common chemicals used that should have similar restrictions, for example, herbicides, and insecticides. Please modify the MM to include a broader range of chemicals. RESPONSE: Per your request, we have revised Mitigation Measure No. 15 to address your concern. An addendum to the MND will be prepared to reflect this revision and the Mitigation Monitoring & Reporting Program will be revised accordingly. The change is reflected below in underiined text: 90 RANCHO MILAGRO MND - PRESERVE CALEVERA RESPONSE LETTER February 1, 2012 Page 4 15. Landscaping Restrictions: The Final Landscape plans for the brush management zones and along development slopes adjacent to the HMP open space conservation areas shall require the use of a native plant palette consistent with the adjacent native vegetation communities, prohibit the use of ornamental invasive species, and limit the use of fertilizers, pesticides, and herbicides to prevent excess run-off from entering the HMP open space conservation areas. The project shall control irrigation of landscaping adjacent to the HMP conservation areas so as to previent runoff from spreading into the preserve. In addition, the use of cultivars of native species shall be prohibited to avoid genetic contamination of the native plant species in the preserve. Traffic: -The settlement agreement between Preserve Calavera and the City of Carlsbad for the Cantarini Ranch/Holly Springs Project includes a condition related to increasing traffic volumes above 2,615 on "P" street. This project connects through Cantarini/Holly Springs and presumably will result in a minor increase in traffic on the roads in this adjacent project. However in addition to these minor increases the city is also processing an application for another project that will increase traffic volumes through Cantarini/Holly Springs. Please clarify how the city will determine these cumulative impacts on the proposed roads through Cantarini/'Holly Springs in order to verify if total traffic volumes remain below 2,615 ADT or, if not, what further action will be taken to protect the secondary wildlife movement corridor through this area. RESPONSE: Trafl^ic from Rancho Milagro is served by 'K' Street. 'A' Street and College Avenue. 'P' Street is located on the opposite side of the development serving the Holly Springs project (CT 00-21). Therefore, the Rancho Milagro project would not impact traffic to 'P' Street. In reviewing the traffic study prepared for the Cantarini/Holly Springs project (EIR 02-02) certain development activity and land use assumptions were made for projects within Zone 15. Land use assumptions for Rancho Milagro were drawn from the Local Facilities Management Plan (Zone 15), which are projected at 88 dwelling units. Since this project is constructing less than 88 dwelling units (19 proposed), the projected traffic from the analysis is expected to be less than originally anticipated. Therefore, no further analysis is required regarding this issue. We thank you for taking the time to provide us with comments on the Rancho Milagro project and hope that we have addressed all of your concerns. If you have any further questions, please do not hesitate to contact me at (760) 602-4643, or via email at iason.goff@carisbadca.qov. Sincerely, JASON GOFF Associate Planner c: Jack Henthorn & Associates, PO Box 237, Carisbad, CA 92018 Don Neu, City Planner Chris DeCerbo, Principal Planner Jeremy Riddle, Project Engineer File copy 91 CITY OF f'LE C' V ICARLSBAD Planning Division www.carlsbadca.gov January 5, 2012 Tribal Legal Council Attn: Merri Lopez-Keifer San Luis Rey Band of Mission Indians 1889 Sunset Drive Vista, CA 92081 SUBJECT: RESPONSE TO COMMENT ON THE NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE RANCHO MILAGRO PROJECT NO. - GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 Dear Ms. Lopez-Keifer, Thank you for your comment letter dated October 7, 2011 responding to the Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the Rancho Milagro project, which is proposed on a site generally located approximately one half-mile northeast of the intersection of College Boulevard and El Camino Real, within the northeast quadrant of the City of Carisbad, County of San Diego, State of California, Assessor's Parcel Number 209-060-61 and a portion of 209-060-23; Per your request, we have revised Cultural Resources Mitigation Measure No. 19a - 19f to address the four items of concern raised in your comment letter. The changes are reflected below in underiined text. An addendum to the MND will be prepared to reflect this revision and the Mitigation Monitoring & Reporting Program will be revised to include the following measure: 19, Archeological mitigation measures shall be implemented as follows: a. Prior to the issuance of grading permits and/or initiation of the data recovery proqram discussed below, the owner/developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. Veriflcation shall be documented bv a letter from the propertv owner/developer and the San Luis Rev Band of Mission Indians to the Citv of Carisbad Citv Planner. 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 the issuance of grading permits, the propertv owner/developer shall retain the services of a qualified archeologist to oversee and implement the cultural resources mitigation measures as discussed herein. Verification shall be documented by a letter from the propertv owner/developer and the archeologist to the City of Carisbad City Planner. c. Prior to the issuance of grading permits, the collection and documentation of a valid sample of the signiflcant scientific data contained within CA-SDI-9698, CA-SDI-9699, 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 0 RANCHO MILAGRO MND - SAN LUIS REY BAND OF MISSION INDIANS RESPONSE LETTER JANUARY 5, 2012 PAGE 2 and the portion of CA-SDI-9701 impacted by the project shall be performed. The collection and documentation shall involve the following actions: 1) preparation of a research design; 2) excavation of a phased sample (the size of the samples shall be sufficient to recover the scientific data for which the resources were determined significant); 3) catalogue and report results of the field work; and 4) curation of all cultural materials, including original maps, field notes, catalog information, and final report with an appropriate institution, or as mav be stipulated in the pre-excavation agreement entered into with the San Luis Rev Band of Mission Indians, consistent with state and federal standards. All work shall be completed under the direction of a qualified archeologist and to the satisfaction ofthe City of Carisbad City Planner. A copy of the final data recovery findinqs report shall be provided to the San Luis Rev Band of Mission Indians. d. Prior to commencement of grading, a qualified archeologist and Native American Monitor and/or representative of the San Luis Rev Band of Mission Indians shall be present at the pre-construction meeting to consult with the grading and excavation contractors. e. 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 brushing, grading, and/or construction activities, the archeologist 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. f. The discovery of any resource shall be reported to the City of Carisbad City Planner prior to any evaluation testing. g. If any deposits are evaluated as significant under CEQA, mitigation may be required as recommended by the archeologist in coordination with the Native American Monitor. We thank you for taking the time to provide us with comments on the Rancho Milagro project and hope that we have addressed all of your concerns. If you have any further questions, please do not hesitate to contact me at (760) . 602-4643, or via email at jason.gofl'@carisbadca.gov. Sincerely, JASON GOFF Associate Planner c: Jack Henthorn & Associates, PO Box 237, Carlsbad, CA 92018 Don Neu, City Planner Chris DeCerbo, Principal Planner File copy EXHIBIT "ADDM" ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR RANCHO MILAGRO GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 The purpose of this Addendum to the Mitigated Negative Declaration is to describe revisions to the Mitigation Monitoring and Reporting Program associated witii the Rancho Milagro 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 tiie Califomia Environmental Quality Act (CEQA) have occurred, and that a subsequent Mitigated Negative Declaration is not required. The revisions contained in this addendum revise Mitigation Measures No. 15 and No. 19a-f of the Mitigation Monitoring and Reporting Program. The revised mitigation measures shall apply as follows: 15. Landscapins Restrictions: The Final Landscape plans for the brush management zones and along development slopes adjacent to the HMP open space conservation areas shall require the use of a native plant palette consistent with the adjacent native vegetation communities, prohibit the use of ornamental invasive species, and limit the use of fertilizers, pesticides, and herbicides to prevent excess run-off from entering the HMP open space conservation areas. The project shall control irrigation of landscaping adjacent to the HMP conservation areas so as to prevent runofffrom spreading into the preserve. In addition, the use of cultivars of native species shall be prohibited to avoid genetic contamination of the native plant species in the preserve. 19. Archeological mitigation measures shall be implemented as follows: a. Prior to the issuance of grading permits and/or initiation of the data recovery program discussed below, the owner/developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. Verification shall be documented by a letter from the property owner/developer and the San Luis Rey Band of Mission Indians to the City of Carlsbad City Planner. 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 the issuance of grading permits, the property owner/developer shall retain the services of a qualified archeologist to oversee and implement the cultural resources mitigation measures as discussed herein. Verification shall be documented by a letter from the property owner/developer and the archeologist to the City of Carlsbad City Planner. c. Prior to the issuance of grading permits, the collection and documentation of a valid sample of the significant scientific data contained within CA-SDI-9698, CA-SDI-9699, and the portion of CA-SDI-9701 impacted by the project shall be performed. The collection and documentation shall involve the following actions: 1) preparation of a research design; 2) excavation of a phased sample (the size of the samples shall be sufficient to recover the scientific data for which the resources were determined significant); 3) catalogue and report results of the field work; and 4) curation of all cultural materials, including original maps, field notes, catalog information, and final report with an appropriate institution, or as may be stipulated in the pre-excavation agreement entered into with the San Luis Rey Band of Mission Indians, consistent with state and federal standards. All work shall be completed under the direction of a qualified archeologist and to the satisfaction of the City of Carlsbad City Planner. A copy of the final data recovery findings report shall be provided to the San Luis Rey Band of Mission Indians. d. Prior to commencement of grading, a qualified archeologist and Native American Monitor and/or representative ofthe San Luis Rey Band of Mission Indians shall be present at the pre-construction meeting to consult with the grading and excavation contractors. 9^ EXHIBIT "ADDM" e. 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 brushing, grading, and/or construction activities, the archeologist 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. f. The discovery of any resource shall be reported to the City of Carlsbad City Planner prior to any evaluation testing. g. If any deposits are evaluated as significant under CEQA, mitigation may be required as recommended by the archeologist in coordination with the Native American Monitor. These revisions are not considered substantial or significant as it relates to the environmental effects associated with the project, or tiie conditions contained in Section 15162 of CEQA, and a subsequent Mitigated Negative Declaration is not required. 2.'Z-/Z. Date: Don Neu City Planner 5 8 ^ PLANNING COMMISSION RESOLUTION NO. 6861 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE MAP ^ AND OFFICIAL OPEN SPACE & CONSERVATION MAP OF THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATIONS FROM RESIDENTIAL LOW-MEDIUM 6 DENSITY (RLM, 0-4 DU/AC), RESIDENTIAL HIGH DENSITY (RH, 15-23 DU/AC), OPEN SPACE (OS), COMMERCLVL (C), 7 AND OFFICE (O) TO RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) AND OPEN SPACE (OS) ON A 43.58 ACRE PROPERTY GENERALLY LOCATED 9 APPROXIMATELY ONE HALF-MILE NORTHEAST OF THE INTERSECTION OF COLLEGE BOULEVARD AND EL 10 CAMESrO REAL, IN THE SUNNY CREEK SPECIFIC PLAN (SP 191) AND LOCAL FACILITIES MANAGEMENT ZONE 15. 11 CASE NAME: RANCHO MILAGRO j2 CASE NO: GPA 06-03 13 WHEREAS, Warren C. Lyall, "Developer," has filed a verified application with 14 the City of Carisbad regarding property owned by Lyall Enterprises, Inc., "Owner," described as: Remainder Parcel "A" of Carlsbad Tract 96-02 according to 17 map thereof No. 11242, filed in the office of the County Recorder of San Diego County on October 27, 2000 all in the 18 City of Carlsbad, County of San Diego, State of California, and 19 20 21 "K" Street Remainder Parcels of Carlsbad Tract 00-18 ("the Property"); and WHEREAS, said verified applicafion constitutes a request for a General Plan 22 22 Amendment as shown on Exhibit "GPA 06-03" dated February 15, 2012, attached hereto and 24 on file in the Carisbad Planning Division, RANCHO MILAGRO - GPA 06-03, as provided in 25 Govemment Code Section 65350 et. seq. and Section 21.52.150 of the Carisbad Municipal Code and 26 27 28 WHEREAS, the Planning Commission did, on February 15, 2012, hold a duly noticed public hearing as prescribed by law to consider said request; and ^ WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the General Plan Amendment. 4 ^ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 5 Commission of the City of Carlsbad, as follows: 7 A) • That the above recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission g RECOMMENDS APPROVAL of RANCHO MILAGRO - GPA 06-03, based on the following findings: 10 Findings: 11 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan and Sunny Creek Specific ^2 Plan (SP 191) based on the facts set forth in the staff report dated February 15, 2012 including, but not limited to the following: that the proposed change in General Plan 14 Land Use designations Residential Low-Medium Density (RLM, 0-4 du/ac). Residential High Density (RH, 15-23 du/ac). Open Space (OS), Commercial (C), and 15 Office (O) to Residential Low-Medium Density (RLM, 0-4 du/ac) and Open Space (OS) are compatible with the surrounding land uses; that the RLM General Plan Land Use designation implements the Sunny Creek Specific Plan (SP 191) densities 17 of 1-2 du/ac and minimum lot size requirements of a Vi-acre; and that the land use change to OS is based on environmental constraints of the property and is 18 environmentally appropriate for the site in that the habitat areas on Lots 20, 21, 23, and 24 will be included in an open space habitat preserve area whereby the Habitat 1^ Management Plan requires high-priority resource areas to be designated as Open 2Q Space at the time of development. 21 2. That the proposed open space area: 22 a. is equal to or greater than the area depicted on the Official Open Space and Conservation Map, in that the proposed boundaries will increase the acreage designated as OS in Rancho Milagro from approximately 16.30 acres to 29.3 24 acres (Lots 20, 21, 23, and 24); and 25 b. is of environmental quality equal to or greater than that depicted on the Official Open Space and Conservation Map in that the opens space adjustment wUl eliminate the 26 RLM land use designation on the open space preserve areas and will preserve additional acres of open space within critical wildlife habitat corridor; and 27 2g c. is contiguous or within close proximity to open space as shown on the Official Open Space and Conservation Map, in that the proposed amendment will change and increase the acreage of open space with the Rancho Milagro project boundary PC RESO NO. 6861 -2- 5 by approximately 13 acres. The additional open space is contiguous with existing open space. 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 RANCHO MILAGRO - GPA 06-03, ZC 06-02, CT 06-04, SUP 06-05, HDP 06-01, and HMP 6 09-01, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Division, prior to 7 RECOMMENDING APPROVAL ofthe project; and b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting g Program and Addendum have been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State Guidelines and the 10 Environmental Protection Procedures of the City of Carlsbad; and 11 c. they reflect the independent judgment of the Planning Commission of the City of j2 Carlsbad; and 13 d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the 14 environment. 15 4. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 17 degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 2Q 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 21 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 22 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 24 or a successor in interest by the City's approval of this General Plan Amendment. 23 25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment documents, as necessary to make 26 them intemally consistent and in conformity with the final action on the project. 2y Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 28 Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. PC RESO NO. 6861 8 If any condition for constmction of any public improvements or facilities, or the payment 2 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Govemment Code 3 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 4 with all requirements of law. ^ " " Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 5 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 7 and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this General Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or g nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 10 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 11 survives until all legal proceedings have been concluded and continues even if the City's j2 approval is not validated. 13 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum and ZC 06-02 14 and is subject to all conditions contained in Planning Commission Resolutions No. 6860 ^ ^ and 6862 for those other approvals incorporated herein by reference. . ^ 7. Developer shall implement, or cause the implementation of, the RANCHO MILAGRO - GPA 06-03, ZC 06-02, CT 06-04, SUP 06-05, HDP 06-01, and HMP 09-01 project 17 Mitigation Monitoring and Reporting Program and Addendum. 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6861 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on February 15, 2012, by the following vote, to wit: ^ AYES: Chairperson Schumacher, Commissioners Arnold, Black, L'Heureux, Nygaard, Scully and Siekmann 6 " 7 8 9 10 11 ^ ^ MICHAEL SCHUMACHER, Chairperson 13 CARLSBAD PLANNING COMMISSION NOES: ABSENT: ABSTAIN: ATTEST: 14 15 16 17 DON NEU 18 City Planner 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6861 Exhibit "GPA 06-03" February 15, 2012 GPA 06-03 Rancho Milagro EXISTING PROPOSED Related Case File No(s): ZC 06-02 / CT 06-04 / SUP 06-05 / HDP 06-01 HMP 09-01 General Plan Land Use Designation Changes Property From: To: A. 209-060-61-00 RLM/RH/C/O/OS RLM/OS B. C. IOI 8 ^ PLANNING COMMISSION RESOLUTION NO. 6862 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM LIMITED 4 CONTROL (L-C), ONE-FAMILY RESIDENTIAL-20,000 SQUARE FOOT MINIMUM LOT SIZE (R-1-20,000), AND OPEN SPACE (OS) TO ONE-FAMILY RESIDENTIAL-0.5 6 ACRE MINIMUM LOT SIZE-QUALIFIED DEVELOPMENT OVERLAY (R-1-0.5-Q) AND OPEN SPACE (OS) ON 7 PROPERTY GENERALLY LOCATED APPROXIMATELY ONE HALF-MILE NORTHEAST OF THE INTERSECTION OF COLLEGE BOULEVARD AND EL CAMINO REAL, IN THE 9 SUNNY CREEK SPECIFIC PLAN AREA (SP 191) AND LOCAL FACILITIES MANAGEMENT ZONE 15. 10 CASE NAME: RANCHO MILAGRO CASE NO: ZC 06-02 11 j2 WHEREAS, Warren C. Lyall, "Developer," has filed a verified application with 13 the City of Carisbad regarding property owned by Lyall Enterprises, Inc., "Owner," described 14 as: Remainder Parcel "A" of Carlsbad Tract 96-02 according to 1^ map thereof No. 11242, filed in the office of the County Recorder of San Diego County on October 27, 2000 all in the 17 City of Carlsbad, County of San Diego, State of California, and 18 «K" Street Remainder Parcels of Carlsbad Tract 00-18 ("the property"); and 20 21 22 22 Division, RANCHO MILAGRO - ZC 06-02, as provided by Chapter 21.52 of the Carisbad 24 Municipal Code; and 25 WHEREAS, the proposed Zone Change is set forth in the draft City Council Ordinance, EXHIBIT "X" dated February 15, 2012, and attached hereto as RANCHO MILAGRO - ZC 06-02; and 26 27 28 WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit "ZC 06-02" dated February 15, 2012, attached hereto and on file in the Planning WHEREAS, the Planning Commission did on February 15, 2012, hold a duly noticed public hearing as prescribed by law to consider said request; and po) 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 relating to the Zone Change. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 5 Commission as follows: 7 A) That the foregoing recitations are tme and correct. 9 10 11 12 ^ B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of RANCHO MILAGRO - ZC 06-02, based 18 19 21 22 23 on the following findings and subject to the following conditions: Findings; That the proposed Zone Change fi-om L-C, R-1-20,000, and OS to R-1-0.5-Q and OS is consistent with the goals and policies of the various elements of the General Plan, in that 13 the R-1-0.5-Q and OS zoning designations replaces the L-C zone (which is intended to be an interim zoning designation), and implements the proposed Residential Low- 14 Medium Density (RLM, 0-4 du/ac) and Open Space (OS) General Plan Land Use designations respectively and Specific Plan 191. 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by Califomia state law and the City of Carlsbad General Plan Land Use 17 Element, in that the zoning designations shown on Exhibit "ZC 06-02" attached hereto, implement the General Plan Land Use designations of RLM and OS. 3. That the Zone Change is consistent with the public convenience, necessity, and general welfare, and is consistent with sound planning principles in that residential and open 2Q space uses allowed by the proposed zone change are compatible with the adjacent and future residential and open space uses. 4. The Planning Commission of the City of Carlsbad does hereby find: it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for RANCHO 24 MILAGRO - GPA 06-03, ZC 06-02, CT 06-04, SUP 06-05, HDP 06-01, and HMP 09-01, the environmental impacts therein identified for this project and said 25 comments thereon, and the Program, on file in the Plarming Division, prior to RECOMMENDING APPROVAL ofthe project; and 26 " 2y b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum have been prepared in accordance with requirements of 28 the Califomia Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and PC RESO NO. 6862 -2- ^ - they reflect the independent judgment of the Planning Commission of the City of 2 Carlsbad; and 3 d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the 4 environment, ^ ' The Planning Conmiission has reviewed each of the exactions imposed on the Developer 6 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 7 degree of the exaction is in rough proportionality to the impact caused by the project ^ Conditions: 9 If any of the following conditions fail to occur, or if they are, by their terms, to be 10 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 11 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 13 property titie; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 14 or a successor in interest by the City's approval of this Zone Change. ^ ^ 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 1^ and modifications to the Zone Change documents, as necessary to make them intemally consistent and in conformity with the final action on the project. Development shall 17 occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 18 19 20 Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for constmction of any public improvements or facilities, or the payment 21 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 Govemment Code 22 Section 66020. If any such condition is determined to be invalid, this approval shall be 23 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 24 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 25 harmless the City of Carisbad, its Council members, officers, employees, agents, and representatives, fi-om and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attomey's fees incurred by the City arising, directly 27 or indirectiy, fi-om (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, 28 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 PC RESO NO. 6862 -3- ^ energy waves or emissions. This obligation survives until all legal proceedings have 2 been concluded and continues even if the City's approval is not validated. 3 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum and GPA 06-03 ^ and is subject to all conditions contained in Planning Commission Resolutions No. 6860, ^ and 6861 for those other approvals incorporated herein by reference. 6 7. Developer shall implement, or cause the implementation of, the RANCHO MILAGRO GPA 06-03, ZC 06-02, CT 06-04, SUP 06-05, HDP 06-01, and HMP 09-01 project 7 Mitigation Monitoring and Reporting Program and Addendum. 8 9 10 12 13 14 15 16 17 PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission of the City of Carlsbad, held on February 15, 2012, by the following vote, to wit: AYES: Chairperson Schumacher, Commissioners Amold, Black, 11 L'Heureux, Nygaard, Scully and Siekmann NOES: ABSENT: ABSTAIN: ATTEST: 18 MICHAEL SCHUMACHER, Chairperson ^ ^ CARLSBAD PLANNING COMMISSION 20 21 22 DON NEU 24 City Planner 25 26 27 28 PC RESO NO. 6862 /OS Exhibit "ZC 06-02' February 15, 2012 ZC 06-02 Rancho Milagro HU^ R-1-0.5Q Ji EXISTING PROPOSED Related Case File No(s): GPA 06-03 / CT 06-04 / SUP 06-05 / HDP 06-01 HMP 09-01 General Plan Land Use Designation Changes Property From: To: A. 209-060-61-00 R-1-20000/O-S/L-C R-1-.5-Q/0-S B. C. 10^ 1 PLANNING COMMISSION RESOLUTION NO. 6863 8 9 10 11 12 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING 3 CARLSBAD TRACT 06-04 TO ALLOW FOR THE SUBDP/ISION OF A 43.58 ACRE SITE INTO 25 LOTS (19 4 RESIDENTIAL LOTS AND 6 OPENS SPACE LOTS) ON PROPERTY GENERALLY LOCATED APPROXIMATELY ONE HALF-MILE NORTHEAST OF THE INTERSECTION OF 6 COLLEGE BOULEVARD AND EL CAMINO REAL, IN THE SUNNY CREEK SPECIFIC PLAN (SP 191) AND LOCAL 7 FACILITIES MANAGEMENT ZONE 15. CASE NAME: RANCHO MILAGRO CASE NO.: CT 06-04 5 18 19 20 21 22 25 26 27 28 WHEREAS, Warren C. Lyall, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Lyall Enterprises, Inc., "Owner," described as: 13 Remainder Parcel "A" of Carlsbad Tract 96-02 according to map thereof No. 11242, filed in the office of the County 14 Recorder of San Diego County on October 27, 2000 all in the City of Carlsbad, County of San Diego, State of California, and 16 "K" Street Remamder Parcels of Carlsbad Tract 00-18 17 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits "A" - "Y" dated February 15, 2012, on file in the Planning Division RANCHO MILAGRO - CT 06-04, as provided by Chapter 20.12 ofthe Carisbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on February 15, 2012, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. loi 24 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are tme and correct. c B) That based on the evidence presented at the public hearing, the Commission APPROVES RANCHO MILAGRO - CT 06-04, based on the following 6 findings and subject to the following conditions: 7 Findings: 1. That the proposed map and the proposed design and improvement of the subdivision as 9 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 10 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 11 staff report; is consistent with all minimum requirements of Title 20 and 21 ^2 governing lot size and configuration; and has been designed to comply with all applicable City regulations including the Sunny Creek Specific Plan (SP 191). 13 That the proposed project is compatible with the surrounding future land uses since 14 surrounding properties are designated for residential and open space development on the General Plan with comparable densities. 15 That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density 17 proposed, in that all required development standards and design criteria required by the applicable zoning ordinances and the Sunny Creek Specific Plan (SP 191) are 18 incorporated into the project without the need for variances from development standards. 19 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 21 public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts 22 with established easements. 23 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that lots are oriented to 26 allow for solar exposure and take advantage of prevailing breezes. 27 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of thei region, and balanced those housing needs 28 against the public service needs of the City and available fiscal and environmental resources. PC RESO NO. 6863 -2- ' ^ ° That the design of the subdivision and improvements are not likely to cause substantial 2 environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the residential development is clustered on the least environmentally 3 sensitive portions of the site in an area historically used for agricultural production; provides a 100 foot buffer from wetlands; and minimizes edge effects at the 4 development interface with the open space preserve areas in that the following HMP ^ adjacency standards have been conditioned for the project to reduce indirect impacts: Fire Management; Erosion Control; Landscaping Restrictions; Fencing, 6 Signage, and Lighting Restrictions; and Predator and Exotic Species Control. Furthermore, the project will implement all required mitigation measures contained within the Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program and Addendum that were prepared for the project. 7 9 9. That the discharge of waste from the subdivision will not result in violation of existing Califomia Regional Water Quality Control Board requirements, in that the project has 10 been designed in accordance with the City's Stormwater regulations. It has been conditioned to implement Best Management Practices for water quality protection 11 and to comply with the City of Carlsbad's Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the California Regional Water Quality Control Board for the San Diego Region, and with the City of Carlsbad's 13 Municipal Code. 12 19 14 10. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan and Sunny Creek Specific 15 Plan (SP 191) based on the facts set forth in the staff report dated February 15, 2012 J ^ including, but not limited to the following: 17 a. Land Use - The northern half of the subject property, where the single-family residential development is proposed, has a General Plan Land Use designation of 18 Residential Low-Medium Density (RLM). The majority of the southern half has a General Plan Land Use designation of Open Space (OS) with the exception of two narrow portions of the property located along the southern boundary, which 20 have a combination Residential High Density, Commercial, and Office (RH/C/O). These existing RH/C/O General Plan Land Use designations are 21 remnant designations from a previously approved project (Sycamore Specific Plan, 1984), which never developed and was eventually replaced by the Terraces 22 at Sunny Creek project. 23 A General Plan Amendment is proposed to change the existing land use 24 designations of the property from RLM/OS/RH/C/O to RLM/OS in order to 1) correct the remnant mapping error discussed above, 2) adjust the General Plan 25 Land Use boundaries to coincide with the Sunny Creek Specific Plan land use type and density pattern, and 3) preserve sensitive habitat in a configuration that is consistent with the City of Carlsbad Habitat Management Plan (HMP) 27 preservation requirements. The City's HMP requires designation of the project's open space habitat preserve areas as Open Space (OS) on the General 28 Plan Land Use Map and also the Official Open Space & Conservation Map concurrent with development. Additionally, the property is subject to the PC RESO NO. 6863 26 11 preservation standards of the HMP, and is subject to additional HMP 2 conservation standards. The RLM designation will be applied to the Lots 1-19, while the OS designation will be applied to Lots 20-25. As designed, the project 3 complies with the HMP conservation standards and results in the need to amend the General Plan to reflect the preservation of sensitive habitat within Open Space Conservation Lots 20, 21, 23, and 24, which total approximately 29.3 acres and represents approximately 67% of the total property acreage. This action is consistent with the General Plan Open Space Element and is in accordance with 6 the intent and purpose of the OS Zone to designate high-priority resource areas as OS at the time of development. 7 g The RLM designation allows low to medium density residential development (0 to 4 du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac; 9 which is also used for the purposes of calculating the City's compliance with Government Code Section 65584. According to the constraints analysis used for 10 density calculations, 53 dwelling units could be located on the site based on 16.62 net developable acres. However, given the Sunny Creek Specific Plan's requirement for larger Vi-acre minimum sized lots, a total of only 19 dwelling 12 units with an overall density of 1.14 du/ac could be accommodated on the site, which is 34 units below the GMCP. Pursuant to Government Code Section 13 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 14 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 16 remaining sites identified in the Housing Element are adequate to accommodate the City's share of the regional housing need pursuant to Government Code 17 Section 65584. 18 The project is consistent with the City's General Plan, in that the proposed 19 density of 1.14 du/ac is within the RLM density range of 0-4 du/ac as specified for the site. The project's proposed density of 1.14 du/ac is below the Growth 20 Management Control Point density (3.2 du/ac) used for the purposes of calculating the City's compliance with Government Code Section 65584. 21 However, consistent with Program 3.2 of the City's Certified Housing Element, 22 aU of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in 23 approved projects are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, 24 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 26 the regional housing need. 27 b. Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance in that the developer has been conditioned to enter into an Affordable Housing Agreement to purchase three PC RESO NO. 6863 -4- H9 25 5 ^ (3) credits in a combined inclusionary housing project or construct three (3) 2 inclusionary housing units on-site in the form of second dwelling units. 3 c. Noise - The project will not result in exposure of persons to or generation of noise levels in excess of standards established in the General Plan or the City of 4 Carlsbad Noise Guidelines Manual in that the proposed project is located a distance greater than 500 feet from a General Plan Circulation Element roadway (i.e.. El Camino Real, and the future extension of College Boulevard (Reach-A)), ^ and is outside of the 60 dB(A) CNEL noise contour as indicated in the City of Carlsbad's General Plan Noise Element and Noise Guidelines Manual (Carlsbad 7 Future Noise Exposure Contours Map, forecast year 2010). o d. Public Safety - The project includes or has been conditioned to provide facilities 9 to ensure that the development proposal complies with the required Fire Suppression Zones, emergency access, fire hydrant locations, and fire flow 10 requirements. Where the Fire Department has allowed for a reduced Fire Protection Zone on Lots 4, 7, and 19, mitigation measures have been included to 11 require a modified Fire Protection Zone A-1 Standard, and in the case of Lots 4 j2 and 19, the construction of a 6 foot high masonry fire protection wall at the development interface where the buffer has been reduced. 13 e. Circulation - The project provides adequate circulation infrastructure to serve 14 the projected population; and provide a circulation system that promotes safety and livability of residential neighborhoods while maintaining adequate emergency access in that, primary local access to the site will be provided via 1^ Streets "A" and stubbed Street "K" of the approved Cantarini Ranch tentative tract map (CT 00-18), and also through the extension of College Boulevard 17 (Reach-A), a Circulation Element roadway, which will extend from its southern terminus at Sunny Creek Road to is northern terminus at the College Boulevard 1^ and Cannon Road intersection. The circulation system has been designed in J 9 conformance with Engineering and Fire Department design standards to ensure safety and livability of the residential neighborhoods, while maintaining 20 adequate access for emergency service providers and prompt evacuation capabilities for residents. All roadways (including curb, gutter, sidewalks, and 21 decomposed granite trail) 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 23 dwelling units and complies with all applicable City design standards. 24 f Open Space & Conservation - The project preserves, protects and enhances those areas of the City that provide unique and special open space functions, 25 including, but not limited to, cultural and visual amenities, active and passive 2^ recreational uses, landmarks, buffers between incompatible land uses, wildlife habitats, and unique and desirable vegetation, in that approximately 30 acres, or 27 69% of the total property area, is being set aside in open space. For purposes of habitat protection, the project is preserving sensitive habitat within open space 28 conservation Lots 20, 21, 23, and 24. All development has been setback a minimum of 100 feet from all wetland habitat areas. Areas within the buffer PC RESO NO. 6863 -5- 15 22 previously disturbed are being restored to native habitat. Active and passive 2 public recreational uses are provided in the form of a riparian overlook seating area within Lot 25, and a meandering decomposed granite pedestrian trail along 3 the perimeter of the development envelope. These amenities have been designed with the intent of bringing pedestrians and residents of this and the surrounding 4 community closer with the natural environment. 5 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 6 Facilities Management Plan for Zone 15 and all City public facility policies and ordinances. The project includes elements or has been conditioned to constmct or provide 7 funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; govemment administrative facilities; and open space, related to the 9 project will be installed to serve new development prior to or concurrent with need. Specifically, 10 11 12 15 a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be 13 collected prior to issuance of building permit. 14 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. 16 12. The project has been conditioned to pay any increase in public facility fee, or new constmction tax, or development fees, and has agreed to abide by any additional 17 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. 19 13. This project has been conditioned to comply with any requirement approved as part of the 20 Local Facilities Management Plan for Zone 15. 21 14. That all necessary public facilities required by the Growth Management Ordinance will 22 be constmcted or are guaranteed to be constmcted concurrently with the need for them created by this project and in compliance with adopted City standards. 23 15. The project is consistent with the adopted McClellan-Palomar Airport Land Use 24 Compatibility Plan (ALUCP) (adopted January 25, 2010, amended March 4, 2010) in that: 25 26 a. The project site is located outside of the 60 dB CNEL noise contour range per Exhibit III-l - Compatibility Policy Map: Noise. Therefore, the proposed 27 residential use is considered compatible with the McClellan-Palomar Airport uses. 28 PC RESO NO. 6863 -6- '^^ ' The project site is located within Safety Zone 6 - Traffic Pattern Zone per 2 Exhibit III-2 - Compatibility Policy Map: Safety. Therefore, the proposed residential use is considered compatible with McClellan-Palomar Airport uses. 3 c. The project site is located within the 481' MSL horizontal surface elevation 4 contour of Exhibit III-3 - Compatibility Policy Map: Part 77 Airspace ^ Protection. The highest finished pad grade in the subdivision is residential Lot 1 proposed at 215' above MSL. Coupled with a maximum building height of 35', 6 the highest residential lot will not penetrate the 481 MSL' horizontal surface elevation contour of the Part 77 Airspace Protection Map. Therefore, the 7 proposed residential project is compliant with the airspace protection surfaces. g The project site is located within the Overflight Notiflcation Area per Exhibit 9 III-4 - Compatibility Policy Map: Overfilight. As such, the recordation of an overflight notification document is required. 10 11 e. The project site is located within Review Area #2 of the Airport Influence Area per Exhibit III-5 - Compatibility Policy Map: Airport Influence Area. Review 12 Area #2 consists of locations beyond Review Area #1, but within the airspace protection and/or overflight notiflcation area. As discussed above in subsection 13 a-d, the proposed residential project is considered compatible with no restrictions or special requirements required other than the recordation of the 14 overflight notification document. 15 f The project site is located outside of the Avigation Easement Area, but is within 16 the Overflight Notification Area per Exhibit III-6 - Compatibility Policy Map: Avigation easement Area and Overflight Notification Areas. As a result, no 17 avigation easement is required, but an overflight notification document is required; and 18 19 g. In accordance with the McClellan-Palomar ALUCP Chapter 2 - Policy 2.6.2(a), the project obtained a Determination of Consistency on March 16, 2011 from the 20 Airport Land Use Commission (ALUC). The ALUC determined the project to be "conditionally compatible" with a requirement to record an overflight 21 notification document with the County Recorder. A condition to this effect has 22 been applied to the project. 23 16. That the project is consistent with the City's Landscape Manual (Carisbad Municipal Code Section 14.28.020 and Landscape Manual Section IB). 24 17. That the property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land 26 development, or lot configuration, in that the panhandle lot configuration is desired to reduce grading impacts to sensitive vegetation communities, to maintain the natural 27 topography and ridgelines of the property, and to provide a rural estate character in accordance with the Sunny Creek Specific Plan. 28 PC RESO NO. 6863 -7- '^'^ That subdivision with panhandle lots will not preclude or adversely affect the ability to 2 provide full public street access to other properties within the same block of the subject property, in that the proposed public street provides access to the adjacent property 3 and the lot sizes are such that no future subdivisions will occur. 4 19. That the buildable portion of Lot 4, excluding the panhandle, consists of 27,516 square ^ feet, which exceeds the half-acre minimum lot size requirement and meets the requirements of Section 21.10.100(C) of the Carlsbad Municipal Code; 6 7 11 28 20. That the front, side, and rear property lines of the buildable lot, for purposes of determining required yards, are as shown on the plans. 21. That any panhandle lot hereby approved satisfies all the requirements of Section 9 21.10.100(D) of the Carisbad Municipal Code. 10 22. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and 12 provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth 13 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 ^4 the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastmcture that, in 16 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 17 Habitat Management Plan. 23. The Planning Commission of the City of Carlsbad does hereby find: 18 19 .. it has reviewed, analyzed, and considered Mitigated Negative Declaration and 20 Mitigation Monitoring and Reporting Program and Addendum for RANCHO MILAGRO - GPA 06-03, ZC 06-02, CT 06-04, SUP 06-05, HDP 06-01, and HMP 09-01, the environmental impacts therein identified for this project and said 22 comments thereon, and the Program, on file in the Planning Division, prior to RECOMMENDING APPROVAL ofthe project; and 23 the Mitigated Negative Declaration and Mitigation Monitoring and Reporting ^4 Program and Addendum have been prepared in accordance with requirements of the 25 Califomia Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 26 they reflect the independent judgment of the Planning Commission of the City of 27 Carlsbad; and PC RESO NO. 6863 -8- d. based on the EIA Part II and comments thereon, the Planning Conmiission, finds that 2 there is no substantial evidence the project will have a significant effect on the environment. 3 24. The Planning Commission has reviewed each of the exactions imposed on the Developer 4 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. 23 Conditions: 5 6 7 .. Note: Unless specifically stated in the condition, all of the following conditions, upon the 8 approval of this proposed subdivision, must be met prior to approval of a final map, building, or grading permit, whichever occurs first. y 10 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 11 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy J 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 14 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map. 15 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 17 , intemally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, 18 different from this approval, shall require an amendment to this approval. ^ Developer shall comply with all applicable provisions of federal, state, and local laws and 20 regulations in effect at the time of building permit issuance. 21 4. If any condition for constmction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 22 challenged, this approval shall be suspended as provided in Govemment Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with 24 all requirements of law. 25 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 27 and costs, including court costs and attomey's fees incurred by the City arising, directiy or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, 28 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and PC RESO NO. 6863 -9- (c) Developer/Operator's installation and operation of the facility permitted hereby, 2 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 3 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 4 5 6. Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the Tentative Tract Map reflecting the conditions approved by the final decision-making 6 body. '7 7. Prior to the issuance of a building permit, the Developer shall provide proof to the City g Planner from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 9 8. This project shall comply with all conditions and mitigation measures which are required 10 as part of the Zone 15 Local Facilities Management Plan and any amendments made to J ^ that Plan prior to the issuance of building permits. 12 9. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, GPA 06-03, ZC 13 06-02, SUP 06-05, HDP 06-01, and HMP 09-01 and is subject to all conditions contained in Planning Commission Resolutions No. 6860, 6861, 6862, 6864, 6865, and ^4 6866 for those other approvals incorporated herein by reference. 15 10. Developer shall implement, or cause the implementation of, the RANCHO MILAGRO - 16 GPA 06-03, ZC 06-02, CT 06-04, SUP 06-05, HDP 06-01, AND HMP 09-01 Project Mitigation Monitoring and Reporting Program and Addendum. 17 . 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 19 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 20 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 22 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new constmction imposed by Carlsbad Municipal Code Section 23 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carisbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 15, pursuant to Chapter 21.90. All such 25 taxes/fees shafl 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. 26 13. Prior to the approval of the final map or issuance of grading permits, whichever 2'7 occurs first. Developer shall submit to the City a Notice of Restriction executed by the 2g 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract PC RESO NO. 6863 -10- \\\JL 24 Map, Special Use Permit, Hillside Development Permit, and Habitat Management 2 Perniit by Resolutions No. 6863, 6864, 6865, and 6866 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete 3 project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to 4 execute and record an amendment to the notice which modifies or terminates said notice 5 upon a showing of good cause by the Developer or successor in interest. 7 6 14. Prior to the approval of the final map for any phase of this project, the Developer shall enter into an Affordable Housing Agreement with the City to purchase three (3) inclusionary housing credits from a combined inclusionary housing project located in the Northeast Quadrant or provide three (3) affordable second dwelling units onsite in accordance with the requirements and process set forth in Chapter 21.85 of the 9 Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the request to final the map. The 10 recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 11 12 15. Developer shall constmct the required inclusionary units concurrent with the project's market rate units, unless both the final decision-making authority of the City and the 13 Developer agree within an Affordable Housing Agreement to an altemate schedule for development. 14 15 16. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 16 the City's Landscape Manual. Developer shall constmct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving 17 condition, free from weeds, trash, and debris. ^° 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 19 landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 20 Final Landscape Plans shall include standard design details and elevations for all 21 proposed retaining walls subject to the City Planners approval. At a minimum, the 22 retaining walls shall be of a plantable design and consist of a natural earth-tone color(s) to assist in visually blending with the natural environment. 23 19. Landscaping shall be provided in the bottom of the bio-filtration detention basin as 24 approved by the City Planner. 25 20. The Zone 3 plantings as shown on the Planning Commission conceptual landscape 26 exhibits shall be revised on the Final Landscape Plans to specify native plantings that will perform appropriately in areas where irrigation will ultimately be turned 27 off as approved by the City Planner. 28 PC RESO NO. 6863 -11 111 21. Temporary irrigation shall be required to provide full establishment (i.e., 90% 2 vegetative cover) of the non-irrigated grasses prior to the City's final approval of the completed and developed project, subject to the approval of the City Planner. 3 22. Prior to issuance of a grading perinit, developer shall submit detailed design plans 4 of proposed streetlights, street signs, bus shelter/benches, and all other street 5 furniture consistent with the "rustic character" design requirement of SP 191 subject to the approval of the City Planner. Design of these features should be 6 consistent with other surrounding projects already approved within SP 191. 8 7 23. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner a digital copy of the biology report exhibits in Autocad DWG or ESRI-Shape- File Format registered to CCS zone 6 NAD 83. The City Planner has the discretion to 9 waive this condition based on factors such as the scope of the study and the format in which the exhibits were prepared. 10 24. Developer shall establish a homeowner's association and corresponding covenants, ^ ^ conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved j2 by the City Planner prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Division with a recorded copy of the official 13 CC&Rs that have been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following provisions: 14 15 a. General Enforcement bv the Citv. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor 1 ^ of, or in which the City has an interest. 22 17 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right ^ ^ to disapprove. A copy of the final approved amendment shall be transmitted to City j9 within 30 days for the official record. 20 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 21 Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the 23 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 24 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 2^ period specified by the City's notice, the City shall be entitied to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the 27 Owners as provided herein. 28 d. Special Assessments Levied bv the Citv. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, PC RESO NO. 6863 -12- the City shall submit a written invoice to the Association for all costs incurred by the 2 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 3 Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in 4 the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, 6 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 law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment 9 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 10 land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot 12 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 13 in accordance with the procedures set forth in Article of this Declaration. 14 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit 5 11 18 15 16 f An exhibit shall be prepared for each residential lot and provided to future property owners showing the locations of the Fire Suppression Zones, fire 17 deflection walls, water quality bio-swales j open space easements, maintenance responsibility areas, and approved fence locations. In addition to the above, the exhibits shall identify those lots subject to the Hillside Development Regulations 19 (C.M.C. Chapter 21.95) and the Hillside Development & Design Guidelines. 20 g. Fire Suppression Zones: A disclosure shall be included identifying all lots where Fire Suppression Zones extend into private yard areas. The disclosures shall 21 include a site plan of the lot, location of the Fire Suppression Zones, and the fuel 22 modiflcation standards required for the various zones. 23 Additionally, where a Fire Suppression Zone intrudes to within 10 feet of a structure envelope, the following shall be required to the satisfaction of the City 24 of Carlsbad Fire Marshall: 25 1. The lot shall have no exterior flame producing device(s), outdoor flre 26 place(s), outdoor fire pit(s), and/or open flame torch(es). 27 ii. Patio covers shall be constructed of an ignition resistant material of the same rating as the structure wall that it is being attached to. 28 1 PC RESO NO. 6863 -13- ' 5 8 11 h. Aircraft Noise Disclosure: A disclosure shall be included that this project is 2 subject to overflight, sight and sound of aircraft operating from McCleUan- Palomar Airport. 3 25. This project has been found to result in impacts to wildlife habitat or other lands, such as 4 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 6 Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of 7 vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the 9 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 10 occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with the City's Habitat Management Plan (HMP) and the biological study (RECON, April 27, 2011), for impacts to 11.83 acres of Agricultural Land (HMP Habitat 12 Group F). If the In-lieu Mitigation Fee for this project is not paid, this project win not be consistent with the Habitat Management Plan and the General Plan and any and all 13 approvals for this project shall become null and void. 14 26. Prior to approval of the final map, the Developer shaU: 1) consult with the United States Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and 2) obtain any permits required by the USWFS. 16 27. If a grading permit is required, all grading activities are prohibited from (Febmary 1st for 17 gnatcatcher or March 1st for vireo) to (September 15th for gnatcatcher or October 1st for vireo). All erosion control measures must be installed prior to the initial grading. Any grading extensions into the grading prohibition period must receive written approval of 19 the City Engineer and the responsible wildlife agencies (Califomia Department of Fish and Game/United States Fish and Wildlife Service). 20 28. Developer shall submit a street name list consistent with the City's street name policy 21 subject to the City Planner's approval prior to final map approval. 22 29. Prior to occupancy of the first dwelling unit, the Developer shall provide all required 23 passive and active recreational areas per the approved plans, including landscaping and recreational facilities. 24" 25 30. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the 2^ telecommunications provider, or any transfer in ownership of the site. 27 31. Developer shall display a current Zoning and Land Use Map, or an altemative, suitable to the City Planner, in the future sales office at all times. All sales maps that are distributed 2^ or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. ^ PC RESO NO. 6863 -14- 32. Developer shall post a sign in the future sales office in a prominent location that 2 discloses which special districts aiid school district provide service to the project. Said sign shall remain posted until ALL of the units are sold 3 33. Prior to the recordation of the first final tract map or the issuance of building permits, 4 whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the City Planner and the City Attomey (see 6 Noise Form #2 on file in the Planning Division) 5 11 7 34. If satisfaction of the school facility requirement involves a Mello-Roos Community g 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, 9 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 10 existence ofthe 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 City Planner and shall at least include a handout and a sign inside the sales facility stating the 12 fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 13 35. Developer shall dedicate, on the final map, an open space easement for those portions of ^4 lots 4, 5, 6, 7, 8, 10, 11, and 12 which are (in slopes, wetiands, coastal sage scmb, or J 5 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 16 fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, as shown on Exhibit(s) "A" - "Y" dated February 15, 2012. 17 ^g 36. Removal of native vegetation and development of Open Space Lots 20, 21, 23, and 24, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, 19 and landscaping, other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit(s) "A" 20 - "Y" dated February 15, 2012, is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the City Planner, and (Califomia Coastal Commission if in Coastal Zone), based upon a 22 request from the Homeowners Association accompanied by a report from a qualified arborist^otanist indicating the need to remove specified trees and/or plants because of 23 disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation, the report required to accompany the request shall be prepared by a 24 qualified biologist, 25 37. Prior to approval of the final map, the Developer shall provide an irrevocable offer of 2^ dedication to the City of Carlsbad for a trail easement for trail(s) shown on the tentative map within Open Space Lot(s) 20 and 22. If the City of Carisbad accepts dedication of 27 the trail easement, the trail shall be constmcted by the applicant at its expense as a public trail and will be maintained by of the City of Carisbad. Ifthe City of Carisbad does not 2^ accept dedication of the trail easement, the trail shall still be constmcted by the applicant PC RESO NO. 6863 -15- \ ^^- but it shall be constmcted as a private trail and shall be the maintenance responsibility of the applicant or its successor in interest (i.e. Master Homeowners Association). 3 38. Prior to the approval of a flnal map the Developer shall pay to the City a Trail Plan Check fee and inspection fee in accordance with the current city fee schedule, ^ 39. The 16 ft. wide all-weather access road servicing the northern drainage shall be gated at the southern terminus of the retaining wall and designed to discourage 6 pedestrian access into Open Space Lot 24 and to further prevent wildlife from crossing at "K" Street. The location of said gate and design shall be detailed on the 7 final landscape and grading plans to the satisfaction of the City Planner, City Engineer, and Fire Marshal. 9 40. Developer shall install a gate at the southern terminus of "X" Street at the subdivision boundary designed to discourage pedestrian access into the adjacent 10 private property. The location of said gate and design shall be detailed on the final landscape and grading plans to the satisfaction of the City Planner, City Engineer, 11 and Fire Marshal. 12 41. The dimension of the Con-Span or similar three-sided product bridging the 13 northern drainage at "K" Street shall be determined at final design to the satisfaction of the City Planner and City Engineer. The flnal height of the opening 14 shall be as close to eight (8) feet as is practical, but not less than five (5) feet. The ^ ^ opening shall maintain a minimum width of 12 feet. 16 Engineering: 17 Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a final map, 1 ^ building, or grading permit, whichever occurs first. General 19 20 .. 42. Prior to hauling dirt or constmction materials to or from any proposed constmction site 21 within this project, developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 23 43. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has 24 determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 25 2^ 44. Developer shall submit to the City Engineer an acceptable instmment, via CC&R's and/or other recorded document, addressing the maintenance, repair, and replacement of 27 mutually benefitting private improvements within this subdivision, including but not limited to private water quality treatment control measures, low impact development 28 features, water quality basin facilities, etc. located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this PC RESO NO. 6863 -16- ^ subdivision. 2 45. Developer shall prepare, submit and process for City Engineer approval a final map to 3 subdivide this project. There shall be one Final Map recorded for this project. 4 46. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 5 6 47. This project is subject to all applicable conditions of Cantarini Development (CT 7 00-18) related to this project as determined by the City Engineer, City Planner and Fire Marshal. 8 9 48. The final map for this project shall not record in advance of the final map for Cantarini development (CT 00-18) as the adjacent offsite development 10 improvements for this project are contingent on the developer for CT 00-18 constructing them, unless otherwise approved by the City Engineer and Fire 11 Marshal. 12 49. No final map, grading or improvement plans shall be approved until the offsite 13 public street and public utility improvements that serve this project are dedicated and constructed to the satisfaction of the City Engineer and Fire Marshal. These 14 improvements consist of, but are not limited to. College Boulevard core street and public utility improvements from its existing terminus near El Camino Real to Cannon Road, College Boulevard bridge. Basin BJ, 'A' Street and 'K' Street all as 1^ shown on the Tentative Map for Cantarini development (CT 00-18). If these offsite improvements are not constructed to the satisfaction of the City Engineer and Fire 17 Marshal, the developer may post security in accordance with C.M.C. Section 20.16.070 to assure the offsite improvements are completed to the satisfaction of the City Engineer and Fire Marshal. 22 Fees/Agreements 18 19 20.. 50. Prior to final map approval, the Developer shall develop and agree to the formation 21 of a comprehensive financing program guaranteeing the construction of the core improvements for Cannon Road Reach 4A in accordance with the requirements of the amended Zone 15 Local Facilities Management Plan (LFMP). Cannon Road 23 Reach 4A extends east from the intersection with College Boulevard approximately 900 feet. The core improvements consist of full width grading, two 18-ft paved lanes, 24 median curbs, drainage facilities required to protect the roadbed, and transition improvements to full City standard intersection improvements at the intersection 25 with College Boulevard. The financing program guarantee must also address the 2^ acquisition of the right-of-way (ROW) for the road, slope and drainage easement in addition to the design, construction and environmental mitigation measures. 27 51. Developer shall cause property owner to execute and submit to the City Engineer for 28 recordation, the city's standard form Geologic Failure Hold Harmless Agreement. PC RESO NO. 6863 -17-133 5 ^ 52. Developer shall cause property owner to execute and submit to the City Engineer for 2 recordation the city's standard form Drainage Hold Harmless Agreement. 3 53. Certain lots contain permanent water quality treatment features that must be maintained by the property owners. Developer shall cause property owner to process, 4 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 6 control, post-constmction permanent Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a final map, whichever occurs 7 first for this project. 8 54. Developer shall cause property owner to apply for, execute, and submit, to the City 9 Engineer for recordation, an Encroachment Agreement covering the private HOA maintained stormwater treatment device (i.e.: stormceptor) located within the 10 proposed public easements as shown on the tentative map. Developer shall pay ^ ^ processing fees per the city's latest fee schedule. 12 55. 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 13 map for this project, developer shall cause owner to execute an Agreement to annex the subject property into SL&LD #2. The Agreement shall be in a form approved by the 14 assistant city finance director. Developer shall pay all fees necessary to annex the J ^ property into SL&LD #2. 16 56. Developer shall cause property owner to execute and submit to the City Engineer for recordation the city's standard form Street Tree Maintenance Agreement. 17 " 18 21 22 25 Grading 19 57. 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 20 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. 58. Developer shall apply for and obtain a grading permit from the City Engineer. Developer shall pay all applicable grading permit fees per the city's latest fee schedule and shall post 23 security per City Code requirements. 24 59. Supplemental grading permits may be required for individual precise grading associated on the lots within this project as determined by the City Engineer. If required, developer shall prepare, and submit for approval, grading plans for the precise grading all subject to 2^ City Engineer approval. 27 60. This project requires offsite grading/improvements. No grading for private improvements shall occur outside the project unless developer obtains, records, and submits a recorded 2^ copy, to the City Engineer, a temporary grading, constmction or slope easement or agreement from the owners of the affected properties. If developer is unable to obtain the PC RESO NO. 6863 -18- P4 temporary grading or slope easement, or agreement, no grading permit will be issued. In 2 that case developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a 3 finding of substantial conformance and/or consistency determination from both the City Engineer and City Planner. 4 5 61. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include 6 but are not limited to pollution control practices or devices, erosion control to prevent silt mnoff during constmction, general housekeeping practices, pollution prevention and 7 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall 9 notify prospective owners and tenants of the above requirements. 8 15 18 10 62. Prior to the issuance of a grading permit, developer shall submit to the City Engineer receipt of a Notice of Intent from the State Water Resources Control Board. 11 j2 63. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan 13 I (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City 14 of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant mnoff during constmction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection 16 fees per the city's latest fee schedule. 17 64. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to City Engineer approval, to demonstrate how this project meets current storm water treatment 19 requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the 20 SUSMP, the developer shall use low impact development (site design) approaches to ensure that mnoff from impervious areas (roofs, pavement, etc.) are drained through 21 landscaped (pervious) areas prior to discharge. Developer shall pay all appHcable SWMP 22 plan review and inspection fees per the city's latest fee schedule. 23 65. Developer acknowledges this project is subject to hydromodification (mnoff reduction) requirements that impact how this project treats and/or retains storm mnoff 24 Hydromodification involves detailed site design and analysis to reduce the amount of post-development mn-off by mimicking the natural hydrologic function of the site, preserving natural open-spaces and natural drainage channels, minimizing use of new 2^ impervious surfaces, and promoting onsite infiltration and evaporation of mn-off. During final design, developer shall demonstrate compliance with storm water requirements to 27 the satisfaction of the City Engineer. 28 66. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, PC RESO NO. 6863 -19- P3 25 treatment control BMP, applicable hydromodification measures, and Low Impact Design 2 (LID) facilities. 3 Dedications/Improvements 4 5 11 12 16 19 67. Developer shall cause owner to submit to the City Engineer for recordation covenants of easements for private drainage purposes as shown on the tentative map. Developer shall pay processing fees per the city's latest fee schedule. 6 .. 68. Developer shall install a barricade at the end of 'X' Street. A sign shall be placed on said 7 barricade informing the public that the dead end is temporary. Specifications for said g barricade and sign are subject to the City Engineer's approval. 9 69. Developer shall cause owner to make an Irrevocable Offer of Dedication to the city and/or other appropriate entities for drainage purposes over the proposed bioretention 10 basin on a portion of lot 22. The offer shall be made by a certificate on the final map. Afl land so offered shall be free and clear of all liens and encumbrances and without cost to the city. 70. Developer shall cause owner to dedicate to the city and/or other appropriate entities 13 easements for public street & public utility, access, trail, and utility purposes as shown on the tentative map. The offer shall be made by a certificate on the final map. All land so ^4 offered shall be free and clear of all liens and encumbrances and without cost to the city. 15 Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the City Engineer. 71. Developer shall design the private drainage systems, as shown on the tentative map to the 17 satisfaction ofthe City Engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement ^ ^ plan check and inspection fees for private drainage systems. 72. Developer shall prepare and process public improvement plans and, prior to City 20 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 21 for public improvements shown on the tentative map. Said improvements shall be 22 installed to city standards to the satisfaction of the City Engineer. These improvements include, but are not limited to: 23 A. Public road and utility improvements for "K" Street, "X" Street, and "Y" Street 24 as shown on the tentative map. B. Off-street public sewer, storm drain, access and trail improvements as shown on 2^ the tentative map. 27 Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constmcted within 36 months of approval of the 28 subdivision or development improvement agreement or such other time as provided in said agreement. PC RESO NO. 6863 -20- PCCL 73. Prior to issuance of building permits, developer shall install separate sewer services to 2 each unit proposed by this tentative parcel map. Sewer services shall be provided to the satisfaction of the City Engineer. 3 74. Developer shall provide all-weather maintenance access roads to the public drainage 4 facilities for this project to the satisfaction of the City Engineer. Non-Mapping Notes 75. Add the following notes to the final map as non-mapping data: 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 9 improvements shown on the tentative map. These improvements include, but are not limited to: 1) Public road and utility improvements for "K" Street, "X" Street, and "Y" Street as shown on the tentative map. 10 11 12 2) Off-street public sewer, storm drain, access and trail improvements as shown 13 on the tentative map. 14 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. 16 C. Geotechnical Caution: 17 1) The owner, of this property on behalf of itself and afl of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action 18 that may arise through any geological failure, ground water seepage or land j9 subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its constmction, operation or maintenance. 20 D. No stmcture, fence, wall, tree, shmb, sign, or other object may be placed or 21 permitted to encroach within the area identified as a sight distance corridor as defined by City of Carisbad Engineering Standards or line-of-sight per Caltrans standards. 23 E. The owner of this property on behalf of itself and all of its successors in interest 24 has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow 25 of surface waters or drainage, or the concentration of surface waters or drainage 2^ froni the drainage system or other improvements identified in the city approved development plans; or by the design, constmction or maintenance ofthe drainage 27 system or other improvements identified in the city approved development plans for this project. 28 PC RESO NO. 6863 -21- P7 Utilities 1 2 76. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire 3 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by 4 public water mains to the satisfaction of the district engineer. 5 77. Developer shall design and constmct public facilities within public right-of-way or within 6 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 7 maintenance, access and/or joint utility purposes. g 78. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges 9 for connection to public facilities. 10 79. 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 Division ^ ^ for processing and approval by the district engineer. 12 80. Developer shall install potable water and/or recycled water services and meters at 13 locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 14 15 16 82. The developer shall design and constmct public water, sewer, and recycled water 17 facilities substantially as shown on the tentative map to the satisfaction of the district ^ ^ engineer and City Engineer. 19 83. The developer shall provide separate potable water meters for each separately owned unit within this subdivision. 20 21 22 23 81. The developer shall install sewer laterals and clean-outs at locations approved by the City Engineer. The locations of sewer laterals shall be reflected on public improvement plans. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 84. Approval of this request shall not excuse compliance with all applicable sections of the 24 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 2^ 85. 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. 27 86. Developer shall pay a landscape plancheck and inspection fee as required by Section 28 20.08.050 ofthe Carisbad Municipal Code. PC RESO NO. 6863 -22- I ^ 87. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 2 Code Section 18.04.320. 3 88. 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 City Planner 4 prior to installation of such signs. 89. This tentative map shall expire two years from the date on which the Planning 6 Commission voted to approve this application. 8 7 90. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the city nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. 9 The developer shall immediately initiate negotiations to acquire such property. The developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, 10 developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carisbad Municipal Code Section 20.16.095 to notify and enable the ^ ^ city to successfully acquire said property by condemnation. 12 91. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 13 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 14 are for planning purposes only. 15 16 17 18 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." 19 You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Govemment Code Section 20 66020(a), and file the protest and any other required information with the City Manager for 2j 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 22 annul their imposition. 23 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 25 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 26 expired. 27 28 PC RESO NO. 6863 -23- 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission of the City of Carlsbad, Califomia, held on February 15, 2012, by the following vote, to wit: 5 AYES: Chairperson Schumacher, Commissioners Amold, Black, L'Heureux, Nygaard, Scully and Siekmann NOES: ABSENT: ABSTAIN: 7 8 9 10 12 "-^^HMJ^,^^ MICHAEL SCHUMACHER, Chairperson 13 CARLSBAD PLANNING COMMISSION ATTEST: DONNEU City Planner PC RESO NO. 6863 -24- ! 30 5 ^ PLANNING COMMISSION RESOLUTION NO. 6864 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING OF A FLOODPLAIN SPECIAL USE PERMIT TO CONSTRUCT 4 BOTH ON-SITE AND OFF-SITE SEWER AND DRAES[AGE IMPROVEMENTS AND ALSO A DECOMPOSED GRANITE MAINTENANCE ACCESS ROAD/PEDESTRIAN TRAIL ON 6 PROPERTY GENERALLY LOCATED APPROXIMATELY ONE HALF-MILE NORTHEAST OF THE ESfTERSECTION OF 7 COLLEGE BOULEVARD AND EL CAMINO REAL, IN THE SUNNY CREEK SPECIFIC PLAN (SP 191) AND LOCAL FACILITIES MANAGEMENT ZONE 15. 9 CASE NAME: RANCHO MILAGRO CASE NO: SUP 06-05 10 " 11 J 2 the City of Carlsbad regarding property owned by Lyall Enterprises, Inc., "Owner," described 13 as: WHEREAS, Warren C. Lyall, "Developer," has filed a verified application with 'K" Street Remainder Parcels of Carlsbad Tract 00-18 14 Remainder Parcel "A" of Carlsbad Tract 96-02 according to map thereof No. 11242, filed in the office of the County Recorder of San Diego County on October 16 27, 2000 all in the City of Carlsbad, County of San Diego, State of California, and 17 18 j9 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Floodplain 21 Special Use Permit as shown on Exhibits "A" - "Y" dated February 15, 2012, on file in the 22 Planning Division, RANCHO MILAGRO - SUP 06-05, as provided by Chapter 21.110 of the 23 Carlsbad Municipal Code; and 24 2^ WHEREAS, the Planning Commission did on February 15, 2012, hold a duly 26 noticed public hearing as prescribed by law to consider said request; and 27 WHEREAS, at said public hearing, upon hearing and considering all testimony 28 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Floodplain Special Use Permit. |31 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are tme and correct. ^ B) That based on the evidence presented at the public hearing, the Commission APPROVES RANCHO MILAGRO - SUP 06-05, based on the following 6 findings and subject to the following conditions: Findings: The site is reasonable safe from flooding in that the proposed sewer and drainage improvements, which are subterranean; and the proposed decomposed granite 9 maintenance access road/pedestrian trail, which are at grade and follow the existing topography; are adequately flood-proofed; will not cause any obstructions and/or 10 alteration to the existing flood course; and will not adversely affect the public ^ ^ health, safety, or general welfare. 12 2. The project as proposed has been designed to minimize the flood hazard to the habitable portions of the stmcture in that there are no habitable structures proposed within the 13 100-year flood plain. 14 3. The proposed project does not create a hazard for adjacent or upstream properties or J ^ stmctures in that the proposed sewer and drainage improvements are subterranean, while the proposed decomposed granite maintenance access road/pedestrian trail 16 are at grade and follow the existing topography. 17 4. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or stmctures in that the proposed sewer and drainage improvements are subterranean, while the proposed decomposed granite maintenance access road/pedestrian trail are at grade and follow the existing topography. 18 19 20 5. The proposed project does not reduce the ability of the site to pass or handle a base flood 21 ofl 00-year frequency. 22 „ The proposed project taken together with all the other known, proposed, and anticipated 23 projects will not increase the water surface elevation of the base flood more than one foot at any point. 24 25 26 27 28 7. All other required state and federal permits have been or will be obtained prior to commencement of construction. 8. 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 RANCHO MILAGRO - GPA 06-03, ZC 06-02, CT 06-04, SUP 06-05, HDP 06-01, and HMP PC RESO NO. 6864 -2- 13^ ^ 09-01, the environmental impacts therein identified for this project and said 2 comments thereon, and the Program, on file in the Planning Division, prior to RECOMMENDING APPROVAL ofthe project; and 3 •' 4 5 6 7 10 11 13 14 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum have been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the ELA Part II and comments thereon, the Planning Commission, finds that 9 there is no substantial evidence the project will have a significant effect on the environment. 9. 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 12 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree ofthe exaction is in rough proportionality to the impact caused by the project. Conditions: j5 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the approval of the flnal map or issuance of grading permits, whichever occurs first. 16 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 1^ 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 19 fixture 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 20 property titie; 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 Special Use Perinit. 22 Staff is authorized and directed to make, or require the Developer to make, all corrections 23 and modifications to the Special Use Perinit documents, as necessary to make them intemally consistent and in conformity with the final action on the project. Development 24 shall occur substantially as shown on the approved Exhibits. Any proposed development, 25 different from this approval, shall require an amendment to this approval. 26 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 27 4. If any condition for constmction 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 Govemment Code Section PC RESO NO. 6864 -3- |33 27 Developer shall implement, or cause the implementation of, the Rancho Milagro Project Mitigation Monitoring and Reporting Program and Addendum. 66020. If any such condition is determined to be invalid, this approval shall be invalid 2 unless the City Council determines that the project without the condition complies with all requirements of law. 3 4 5 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 6 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 attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Special Use Perinit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 9 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 10 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. 12 7. This approval is granted subject to the approval of the Mitigated Negative Declaration 13 and Mitigation Monitoring and Reporting Program and Addendum, GPA 06-03, ZG 06-02, CT 06-04, HDP 06-01, and HMP 09-01 and is subject to all conditions contained 14 in Planning Commission Resolutions No. 6860, 6861, 6862, 6863, 6865, and 6866 for J 5 those other approvals incorporated herein by reference. 16 8. This approval shall become null and void if grading permits are not issued for this project within 24 months from the date of project approval. 17 18 NOTICE 19 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." 21 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 22 you protest them, you must follow the protest procedure set forth in Govemment Code Section 66020(a), and file the protest and any other required information with the City Manager for 23 processing in accordance with Carisbad Municipal Code Section 3.32.030. Failure to timely 2^ follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 25 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 26 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 2g NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 6864 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, Califomia, held on February 15, 2012 by the following vote, to wit: 5 AYES: Chairperson Schumacher, Commissioners Arnold, Black, L'Heureux, Nygaard, Scully and Siekmann 6 " 7 8 9 10 11 ^ ^ MICHAEL SCHUMACHER, Chairperson 13 CARLSBAD PLANNING COMMISSION NOES: ABSENT: ABSTAIN: ATTEST: DON NEU City Planner PC RESO NO. 6864 -5- |3S 5 ^ PLANNING COMMISSION RESOLUTION NO. 6865 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON 4 PROPERTY GENERALLY LOCATED APPROXIMATELY ONE HALF-MILE NORTHEAST OF THE fl^TERSECTION OF COLLEGE BOULEVARD AND EL CAMINO REAL, IN THE 6 SUNNY CREEK SPECIFIC PLAN (SP 191) AND LOCAL FACILITIES MANAGEMENT ZONE 15. 7 CASE NAME: RANCHO MILAGRO CASE NO: HDP 06-01 8 9 WHEREAS, Warren C. Lyall, "Developer," has filed a verified application 10 with the City of Carlsbad regarding property owned by Lyall Enterprises, Inc., "Owner,' 11 described as: 12 Remainder Parcel "A" of Carlsbad Tract 96-02 according to 13 map thereof No. 11242, filed in the office of the County Recorder of San Diego County on October 27, 2000 all in the 14 City of Carlsbad, County of San Diego, State of California, and 1 ^ "K" Street Remainder Parcels of Carlsbad Tract 00-18 16 17 18 19 20 Carlsbad Planning Division, RANCHO MILAGRO - HDP 06-01, as provided by Chapter 21 21.95 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did on February 15, 2012, consider said request; and 24 WHEREAS, at said hearing, upon hearing and considering all testimony and 25 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 " 27 relating to the Hillside Development Permit 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: ("the Property"); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits "A" - "Y" dated February 15, 2012, on file in the 12 16 20 23 26 27 A) That the foregoing recitations are tme and correct. 1 2 B) That based on the evidence presented at the public hearing, the Commission 3 RECOMMENDS APPROVAL of RANCHO MILAGRO - HDP 06-01 based on the following findings and subject to the following conditions: 4 5 Findings: 6 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 7 That undevelopable areas of the project, i.e., slopes over 40% that have all of the 8 following criteria 1) an elevation differential of greater than 15 feet, 2) a minimum 9 area of 10,000 square feet, and 3) comprise of a prominent land form feature, have been properly identified on the constraints map. 10 3. That the development proposal is consistent with the intent, purpose, and requirements of 11 the Hillside Ordinance, Chapter 21.95, in that the hillside conditions are properly identified and are incorporated in the design of the subdivision; the project is designed to relate to the slope of the land; the alteration of the natural hillsides will 13 be developed in an environmentally sensitive manner to preserve steep slopes and wildlife habitat to the maximum extent practicable; and both mechanical and 14 biological methods will be implemented to control potential erosion, including engineering the manufactured slopes to maximize slope stability; choosing 15 appropriate plants for the slopes to reduce the level of erosion of the slopes; implementing post-construction best management practices (BMPs) that will ensure run-off is appropriately treated to minimize the potential for erosion; and 17 implementing construction-level BMPs to prevent any silt from entering any of the HMP open space conservation areas. 18 ,. 4. That the project design substantially conforms to the intent of the concepts illustrated in 1^ the Hillside Development Guidelines Manual, in that on-site grading is within the acceptable quantity range with 7,928 cubic yards per acre; none of the proposed manufactured slopes being created as a result of the proposed grading scheme 21 extend to or exceed 40 feet in height; all manufactured slopes, except for those perimeter slopes adjacent to the open space preserve that will be planted with 22 naturalizing species to avoid the introduction of invasive plant species to adjacent natural areas, will be landscaped in accordance with the City's Landscape Manual; lots requiring a slope edge building setback from the top of slope for future 24 residential construction have been identified on the tentative map; and the proposed circulation system exhibits a curvilinear street design which follows the natural 25 undulating topography, avoids large notches in ridgelines, and does not greatly alter the physical and/or visual character oif the hillsides. 5. That the project design and lot configuration minimizes disturbance of hillside lands, in that the significant slope and sensitive habitat areas are being preserved in open 28 space. PC RESO NO. 6865 15^ 8 6. That the site has unusual geotechnical or soil conditions that necessitate corrective work 2 that may require significant amounts of grading, in that the site contains expansive soils which require corrective grading measures. 3 7. That the proposed modification (e.g. allowing a combination retaining wall/bridge 4 structure with a maximum wall height of 18.2 feet (directly over the channel) on the ^ west side of Street "K" and 17.2 feet on the east side; a retaining wall located on the south side of Street "X" east of Lot 25 with a maximum wall height of 9.3 feet; and a 6 retaining wall located on the south side of Street "X" west of Lot 6 with a maximum wall height of 18 feet) will result in significantly more open space or undisturbed area 7 than would a strict adherence to the requirements of the ordinance, in that alternatives showing a design using a maximum 6 foot high retaining wall were submitted and reviewed with the development proposal. The reduced wall height alternative for 9 the area where Street "K" crosses the northern drainage channel resulted in an increased impact to wetlands habitat of 7,388 square feet. For the area south of 10 Street "X", the reduced wall height alternative resulted in an additional 5,924 square feet of impacts to sensitive vegetation communities. In these instances, a 11 modification is allowed since the design using the higher retaining walls would result in more open space and would reduce disturbance to wetland habitats and impacts to other sensitive vegetation communities. Given that the walls are located 13 below the roadways and are not situated in highly visible areas, allowing an increase in wall height to offset impacts to sensitive vegetation communities is warranted. 14 The project is conditioned to use a natural earth-tone block for the walls, and will be of a plantable design with native species that are compatible with the adjacent 15 native habitat species. Lastly, views of the walls will be obscured and minimized by the adjacent wetland plant species near Street "K", which are generally characterized by lush dense growth, and also by the dense upland and riparian 17 habitats existing in the open space areas south of Street "X". 12 16 18 Findings pursuant to Sunnv Creek Specific Plan (SP 191) regarding development of slopes of 25% or greater: 20 8. A soils investigation conducted by a licensed soils engineer has determined the subject slope area to be stable and grading and development impacts mitigatable for at least 75 21 years, or the life of the stmcture in that, Geotechnical Exploration Inc. (GEI), a licensed geotechnical firm, conducted a preliminary geotechnical report and update 22 for the project. The report included slope stability analyses and concluded that the 22 on-site soils would support the proposed slopes with a stability factor of at least 1.5, which is considered the industry standard of practice. In addition, GEI provided a 24 subsequent letter stating that subject to certain conditions being maintained on-site during and after construction, the slopes will remain stable for at least 75 years, or 25 for the useful life of the proposed structures. 9. Grading of the slopes is essential to the development intent and design in that, the intent 27 of the proposed project is to develop a residential project exhibiting a rural character, while preserving environmentally constrained areas. This is being 28 accomplished by limiting the development envelope primarily to those areas of the site which have historically been used for agricultural purposes. In this manner, the natural setting can be maximized and areas predominated by steep slopes can be PC RESO NO. 6865 -3- 5 ^ preserved in open space. The point of ingress for the main access road was 2 established by the previously approved Cantarini Ranch project entry point, while egress to the adjacent Mandana property is fixed pursuant to HMP exhibits. The 3 intervening alignment between these two points was set to meet engineering design standards and minimize disturbance of the natural areas, while also providing an 4 opportunity for residents to enjoy the natural, rural surroundings from the proposed decomposed granite trail and riparian overlook seating area forming the perimeter of the development envelope. Additionally, in order to maintain gravity 6 flow of sewer, the elevation of the site dictates that sewer connection must be made at the Sunny Creek sewer main. This necessitates disturbance of a limited amount 7 of the subject slope areas. In order to accomplish the stated desires of the specific plan to create a rural character, care has been taken to cluster lots in areas that ^ would otherwise be disturbed by grading for access or utilities. This approach has 9 been used to reduce grading quantities and contribute to a rural design character in accordance with the design guidelines of the speciflc plan. The project design 10 preserves critical habitat areas and linkages in accordance with the HMP. Lastly, slope area and habitat impacts are minimized by designing a residential lot layout to 11 overlap grading impacts necessary to accommodate area wide circulation and infrastructure extension. 12 13 10. Slope disturbance will not result in substantial damage or alteration to major wildlife habitat or native vegetation areas in that, RECON prepared a Biological Technical 14 Report (BTR) for the project, which demonstrates that the proposed development will not result in substantial damage or alteration to major wildlife habitat or native 15 vegetation. Speciflcally, the BTR demonstrates that the proposed project, while not j^ located within a core area, will however enhance core or linkage areas in the area and will contribute to implementation of the HMP through the preservation of more 17 than 67% of the on-site coastal sage scrub while minimizing impacts to other habitats. 18 11. If the area proposed to be disturbed is predominated by steep slopes and is in excess of 10 acres, no more than one-third of the total steep slope area shall be subject to major grade changes in that, the area of the project to be graded is 14.24 acres in size with 1.87 acres (13.1%) consisting of steep slopes with a slope gradient of 25% or greater. 21 Grading for the main access road, decomposed granite trail areas, and other public improvements account for 0.97 acres of impact to this slope category, while grading 22 for the residential pads account for 0.90 acres. As evidenced here and on the 22 Hillside Development Constraints Map included as part of the project exhibits, the area to be disturbed is not predominated by steep slopes. 24 12. If the area proposed to be disturbed is predominated by steep slopes and is less than 10 25 acres, complete grading may be allowed only if no intermption of significant wildlife corridors occurs in that, as demonstrated above the disturbed area of the site is not 26 predominated by steep slopes, and the project will not interrupt any wildlife 2y corridors. 28 13. Because north-facing slopes are generally more prone to stability problems and in many cases contain more extensive natural vegetation, no grading or removal of vegetation from these areas will be permitted unless all environmental impacts have been mitigated. PC RESO NO. 6865 -4- 13^ 20 As illustrated in the RECON prepared Biological Technical Report and Hillside 2 Development Constraints Map, no grading or removal of natural vegetation will occur on north facing slopes. 3 4 26 27 14. 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 RANCHO 6 MILAGRO - GPA 06-03, ZC 06-02, CT 06-04, SUP 06-05, HDP 06-01, and HMP 09-01, the environmental impacts therein identified for this project and said 7 comments thereon, and the Program, on file in the Planning Division, prior to RECOMMENDING APPROVAL ofthe project; and o 9 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum have been prepared in accordance with requirements of 10 the Califomia Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 11 12 13 based on the EIA Part II and comments thereon, the Planning Commission, finds 14 that there is no substantial evidence the project will have a significant effect on the environment. 15 J ^ 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 17 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree ofthe exaction is in rough proportionality to the impact caused by the project. 18 19 they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and Conditions: 20 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the approval of the flnal map or issuance of grading permits, whichever occurs flrst. 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 23 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 titie; 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 Hillside Development Perinit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 28 and modifications to the Hillside Development Perinit documents, as necessary to make them intemally consistent and in conformity with the final action on the project. PC RESO NO. 6865 jLjO ^ Development shall occur substantially as shown on the approved Exhibits. Any proposed 2 development, 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 constmction 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 Govemment 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. 9 5. Developer shall implement, or cause the implementation of, the Rancho Milagro Project Mitigation Monitoring and Reporting Program and Addendum. 10 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 11 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attomey's fees incurred by the City arising, directly 13 or indirectly, from (a) City's approval and issuance of this Hillside Development Perniit, (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. 12 19 18 7. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, GPA 06-03, ZC 06-02, CT 06-04, SUP 06-05, and HMP 09-01 and is subject to all conditions 20 contained in Planning Commission Resolutions No. 6860, 6861, 6862, 6863, 6864, and 6866 for those other approvals incorporated herein by reference. 21 This approval shall become null and void if grading permits are not issued for this 22 project within 24 months from the date of project approval. 23 24 25 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 2^ "fees/exactions." 27 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 Govemment Code Section 28 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 PC RESO NO. 6865 ^ follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or 2 annul their imposition. 3 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, 4 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 5 6 expired. 7 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning ^ Commission of the City of Carisbad, Califomia, held on February 15, 2012, by the following 9 vote, to wit: 10 AYES: Chairperson Schumacher, Commissioners Amold, Black, 11 L'Heureux, Nygaard, Scully and Siekmann 12 13 14 15 16 17 NOES: ABSENT: ABSTAIN: ATTEST: 18 MICHAEL SCHUMACHER, Chairperson CARLSBAD PLANNING COMMISSION 19 20 21 22 DONNEU 24 City Planner 25 26 27 28 PC RESO NO. 6865 -7- /^S 5 ^ PLANNING COMMISSION RESOLUTION NO. 6866 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNL\, APPROVING A HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE 4 INCIDENTAL TAKE OF SPECIES OF CONCERN FOR THE RANCHO MILAGRO PROJECT, ON PROPERTY GENERALLY LOCATED APPROXIMATELY ONE HALF- 6 MILE NORTHEAST OF THE INTERSECTION OF COLLEGE BOULEVARD AND EL CAMINO REAL, IN THE SUNNY 7 CREEK SPECIFIC PLAN (SP 191) AND LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: RANCHO MILAGRO 9 CASE NO: HMP 09-01 10 WHEREAS, Warren C. Lyall, "Developer," has filed a verified application with 11 the City of Carlsbad regarding property owned by LyaU Enterprises, Inc., "Owner," described 12 as: 13 Remainder Parcel "A" of Carlsbad Tract 96-02 according to 14 map thereof No. 11242, flled in the offlce of the County Recorder of San Diego County on October 27, 2000 all in the City of Carlsbad, County of San Diego, State of California, and "K" Street Remainder Parcels of Carlsbad Tract 00-18 ("the Property"); and 15 16 17 18 j9 WHEREAS, the City of Carlsbad has received authorization to issue permits to 20 impact various sensitive species and habitats, including species listed as Threatened or 21 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and 99 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; 23 and 24 WHEREAS, the authority stated above is based on a plan titied Habitat 2^ Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 27 9, 2004, referred to as the HMP, and approval of all projects is contingent on a finding of 28 consistency with the HMP; and H3 WHEREAS, said verified application by Developer constitutes a request for a Habitat Management Plan Permit pursuant to the City's authority as contained in Chapter 21.210 of the Zoning Ordinance, on file in the Planning Division; and WHEREAS, the Planning Commission did on February 15, 2012, consider said 6 request; and 7 WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Habitat Management Plan Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 8 9 10 11 12 13 A) That the foregoing recitations are tme and correct 14 B) That the RANCHO MILAGRO project is consistent with the HMP as described J ^ in the following findings. 1^ C) That based on the evidence presented at the hearing, the Commission APPROVES the Habitat Management Plan Permit, HMP 09-01, for RANCHO 17 MILAGRO based on the following findings and subject to the following conditions: i; 19 Findings: 20 1. That the Rancho MUagro project site is shown in Figure 28 of the approved HMP as a 'Proposed Standards Area". 21 22 2. That authorization to impact sensitive habitats through the removal of 0.05 acres of Southern Willow Scrub (Group A), 0.02 acres of Sycamore/Oak Woodland (Group 23 A), 2.56 acres of Unoccupied Diegan Coastal Sage Scrub/Disturbed Diegan Coastal Sage Scrub (Group D), 0.02 acres of Coast Live Oak Woodland (Group A), 2.50 24 acres of Non-Native Grassland (Group E), and 11.83 acres of Agricultural Land (Group F) is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP),- the Citywide 26 Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. 27 That authorization to impact sensitive habitats is subject to continuous compliance with ^8 all mitigation measures as stated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, GPA 06-03, ZC 06-02, CT 06- PC RESO NO. 6866 -2- 25 04, SUP 06-05, and HDP 06-01 and is subject to all conditions contained in Planning 2 Commission Resolutions No. 6860, 6861, 6862, 6863, 6864, and 6865 for those other approvals, including but not limited to recordation of conservation easements over all 3 conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 4 5 11 The Planning Commission of the City of Carlsbad does hereby find: 6 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for RANCHO 7 MILAGRO - GPA 06-03, ZC 06-02, CT 06-04, SUP 06-05, HDP 06-01, and HMP g 09-01, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Division, prior to 9 RECOMMENDING APPROVAL ofthe project; and 10 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum have been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State Guidelines and the Environmental 12 Protection Procedures of the City of Carlsbad; and 13 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 14 15 d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the 16 environment. 1^ 5. That authorization to impact sensitive habitats is subject to continuous compliance with J g the provisions of Volumes I, II and III of the Multiple Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened 19 and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 20 21 22 That the project design as approved by the City of Carlsbad has avoided and minimized 23 impacts to wildlife habitat and species of concem to the maximum extent practicable in that the residential development is clustered on the least environmentally sensitive ^4 portions of the site in an area historically used for agricultural production; provides 25 a 100 foot buffer from wetlands; the bridge crossing over the northern drainage is aligned to cross at the narrowest section of the southern wiUow scrub and will 26 consist of a Con-Span or similar three-sided 12-foot (width) by 5-foot (height) product type that will span a 75 foot long section of the creek whUe maintaining a 27 soft soil bottom to allow for natural flow of the creek beneath the crossing; sensitive 2g upland and wetland habitats will be preserved in perpetuity in open space conservation Lots 20, 21, 23, and 24 via a biological conservation easement; and mitigation measures have been included which prevent negative effects on the PC RESO NO. 6866 -3- .145 That air impacts to habitat and all take of species will be incidental to otherwise lawful activities related to constmction and operation of the RANCHO MILAGRO project. ^ adjacent sensitive habitat and open space conservation lots which include: fire 2 management; erosion control; landscaping; fencing, signage, and lighting; and predator and exotic species control. 3 That adequate funding has been provided to address changed circumstances and adaptive 4 management needs that may be reasonably anticipated in the future, consistent with the ^ HMP Implementing Agreement. 6 9. That the authorization to impact sensitive habitats as a result of the project will not appreciably reduce the likelihood of survival and recovery of the species in the wild due 7 to compliance with all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. 8 9 10. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and 10 implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while 11 continuing to allow compatible development in accordance with Carlsbad's Growth j2 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 13 the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each 14 new development will contribute to the need for additional regional infrastmcture that, in tum, 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 15 1 g Habitat Management Plan. 17 HMP flndings regarding Zone 15 Planning Standards: 1* 11. 67% of coastal sage scmb shall be conserved overall (emphasis added) within the j9 Standards Areas, as well as 75% of gnatcatchers. Some zones may conserve more or less than these percentages due to parcel size, location, resources, or long-term conservation 20 potential (HMP, Standards Area, pg. D-73), in that this is a citywide preservation standard and applies to many other properties than just the subject property. Upon 21 final preserve assembly, the City is responsible for ensuring that there was 67% preservation of CSS within aU Standards Areas. The Rancho Milagro project is proposing impacts to 2.56 acres (30%) of the existing 8.51 acres of unoccupied 23 Diegan coastal sage scrub/ Disturbed Diegan Coastal Sage Scrub on-site, resulting in 5.95 acres (70%) remaining to be preserved in open space. In compUance with this 24 requirement, the proposed project has been designed to preserve 70% of the existing coastal sage scrub on-site and; therefore, contributes its fair share of CSS preservation to the overall citywide standard. 26 In addition, the project is mitigating its 2.56 acre impact as discussed above at a 1:1 27 ratio through on-site creation of 2.94 acres of CSS, which will occur through the conversion of 1.50 acres of agricultural land, 0.04 acres of developed land, and 1.40 acres of non-native grasslands within the northern open space lots (Lots 23 and 24). 22 28 PC RESO NO. 6866 -4- ^ The proposed 2.94 acre restoration when added to the 5.95 acres being preserved 2 will result in a net gain of total CSS on-site. 3 12. Maintain and enhance a habitat linkage across Linkage Area C and adjoining portions of Core Areas 3 and 5 that average between 500 and 1,000 feet wide, with a minimum width 4 of no less than 500 feet. Emphasis should be on improving gnatcatcher habitat within the linkage (HMP, Zone 15 Planning Standards, pg. D-79), in that this standard is nof appUcable to the Rancho MUagro project, since the project site is not within 6 Linkage Area C, nor is it within the adjoining portions of Core Areas 3 and 5. 5 7 As additional information, there is a flnger shaped portion of Core Area 5 present within the southern half of the project site that primarily encompasses the Agua Hedionda Creek riparian corridor. This is not directly a part of the habitat linkage 9 between Core Area 3, Linkage Area C, and Core Area 5, but does serve to increase the open space protecfion of Core Area 5. With the exception of approximately 1.9 10 acres that are clustered on the northern and western edges of the portion of Core Area 5, the project proposes to maintain all of this as preserved open space. In fact, 11 the southern 16.3 acres of this area is predominately riparian habitat and was j2 previously dedicated as open space to mitigate for wetland/riparian impacts from the adjacent Terraces at Sunny Creek project. The additional open space that will 13 be added from the proposed project within Core Area 5 includes 3.67 acres of coastal sage scrub, which would increase the amount of potential gnatcatcher 14 habitat within this core area. In addition to the portion of the site within Core Area 5, the northeastern corner of the site abuts Linkage Area C. This northern area will be maintained as open space, including 1.21 acres of existing coastal sage scrub, and 15 will be restored to include an additional 2.94 acres of coastal sage scrub and 0.21 acre of riparian habitat, which further connects the Linkage Area C through 17 hardline open space to Cantarini Ranch to the north. ^8 13. Areas of upland habitat outside of the designated Linkage Area C may be taken in J 9 exchange for restoration and enhancement inside the linkage, as long as the result is no net loss of coastal sage scmb and the associated gnatcatcher population within the 20 southem portion of the zone (HMP, Zone 15 Planning Standards, pg. D-79), in that the project site is not within Linkage Area C and thus impacts to coastal sage scrub are 21 mitigated on-site as to meet the no-net-loss standard. Impacts to 2.56 acres of coastal sage scrub will be mitigated through the preservation of 5.95 acres of coastal sage scrub within the total project ownership and the conversion of 2.94 acres of 23 agricultural flelds, developed land, and non-native grassland to coastal sage scrub within the northern open space lots. 15 22 24 25 As additional information, the northern portion of the project is proposed as an open space area that is connected to Linkage Area C via a designated hardline area 25 on the property to the north (Cantarini Ranch). The vegetation communities within the open space lot include both riparian and upland areas with a few small patches 27 of Diegan coastal sage scrub. In addition, the southern open space lots (Lots 20, 21, and a portion of 23) includes several patches of coastal sage scrub to be preserved for a total of 8.89 acres of coastal sage scrub in preserved open space. These areas are located within Core Area 5, which connects to Linkage Area C. PC RESO NO. 6866 -5- 28 8 ^ 14. Creation of linkage should utilize patches of existing habitat to the maximum extent 2 practicable. Creation of the linkage must utilize patches of existing habitat within the identified linkage alignment (HMP, Zone 15 Planning Standards, pg. D-79), in that the 3 northern portion of the project is proposed as an open space area (Lots 23 and 24), which are connected to Linkage Area C via a designated hardline area on the 4 property to the north (Cantarini Ranch). This open space area includes a 5 wetland/riparian corridor and patches of native coastal sage scrub and coast live oak woodland. The hardline open space area on Cantarini Ranch includes an 6 upstream portion of this drainage that is connected to the drainage in Linkage Area C. Preservation of this portion of the Rancho Milagro site as open space will 7 increase the protection for this drainage system. In addition, restoration is proposed for the northern open space lots that will convert the majority of the agricultural flelds and non-native grassland to coastal sage scrub and riparian 9 habitats. The linkages created by the project utilize patches of existing habitat to the maximum extent practicable within the identifled linkage alignment. 10 15. Maintain and enhance the wildlife movement potential between core areas using sensitive 11 design of any road or utility crossings of Linkage C (HMP, Zone 15 Planning Standards, 22 pg. D-79), in that this standard is not applicable to the project, since the project site is not within Linkage Area C and thus has no road or utility crossings. For 13 additional information, please see above flndings for discussion of proposed open space and how it relates to Linkage Area C. 14 16. Conserve all riparian habitats on-site, and prohibit fill or development within the existing floodplain except where required for Circulation Element roads. Drainage Master Plan 16 facilities, or other essential infrastmcture (HMP, Zone 15 Planning Standards, pg. D-79), in that all on-site riparian habitat and floodplains are preserved, except where 17 impacts are required in order to provide for essential infrastructure, such as the extension of "K" Street into the site and the 16 foot wide bridge maintenance access road. To minimize impacts, the proposed extension of "K" Street has been shifted 19 to the narrowest portion of the riparian habitat/floodplain. The project preserves nearly all of the riparian habitat/floodplain, and project impacts on the riparian 20 habitat/floodplain are ininimal. The project conserves all riparian habitats and prohibits flU or development within the existing floodplain on-site except where 21 required for Drainage Master Plan facilities and other essential access roads and 22 infrastructure. 23 17. Conserve any Narrow Endemic plant populations identified during planning (HMP, Zone 15 Planning Standards, pg. D-79), in that pursuant to the biological technical report 24 that was prepared for the project, no Narrow Endemic plant populations have been 2^ identifled on the project site. 25 18. When conversion of agricultural lands to other uses is proposed, set back all development impacts at least 100 feet from existing wetland habitats and require habitat restoration or 27 enhancement in the riparian and buffer areas (HMP, Zone 15 Planning Standards, pg. D- 79), in that on the south side of the project site, adjacent to Agua Hedionda Creek, 28 the average setback from the wetland is approximately 300 feet. The exception to this is the proposed bio-filtration detention area on the western edge of the property. PC RESO NO. 6866 -6- 18 1 The stormceptor coUector system associated with this bio-filtration detention area is 8 2 designed to handle the 85 percentile storms and will remove the majority of any storm-related sediment associated with those storms. This bio-filtration detention 3 area will be inspected annually, but maintenance is not expected to be needed as trash and sediment wUl be caught and removed at the stormceptor collector. This 4 bio-filtration detention area wUl have an earthen berm and bottom to allow for 5 growth of natural vegetation as identified in the HMP. 6 On the north side of the project site, adjacent to the unnamed tributary, the project has been designed so that the setback from the wetland is a minimum of 100 feet 7 except for storm outfalls and a small (16 foot wide) emergency aU-weather access road for bridge maintenance. In addition, the project proposes to create, restore, and enhance wetland/riparian habitat within the open space lots on-site to achieve 9 no net loss of wetland/riparian habitat. This is proposed on the west end of the project north of the drainage. The creation of 0.07 acres, representing a 1:1 10 mitigation ratio, wiU be accomplished outside of the 100-foot wetland habitat buffer. The remaining 0.14 acre (2:1 mitigation ratio) will be conducted within the buffer and will serve to connect the restoration outside of the buffer to the existing 22 drainage. 13 The setback for all development impacts is at least 100 feet from existing wetland habitats. In addition, restoration of wetland and riparian impacts wUl occur on-site 14 within the riparian and buffer areas. ^ ^ 19. The Planning Commission has reviewed each of the exactions imposed on the Developer 16 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 17 degree of the exaction is in rough proportionality to the impact caused by the project. 22 Conditions: 18 19 If any of the following conditions fail to occur; or if they are, by their terms, to be 20 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 21 revoke or modify all approvals herein granted; deny or further condition issuance of all fiiture 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 23 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 24 or a successor in interest by the City's approval of this Habitat Management Plan Permit. 25 25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Habitat Management Plan Permit documents, as necessary to 27 make them intemally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed 28 development different from this approval, shall require an amendment to this approval. PC RESO NO. 6866 -7- 3. If any condition for constmction of any public improvements or facilities, or the payment 2 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Govemment Code Section 3 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with 4 all requirements of law, 5 Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabihties, losses, damages, demands, claims and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Habitat Management Plan Perinit, (b) City's approval or issuance of any permit or action, whether discretionary or 9 non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including 10 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. 11 12 18 13 5. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, GPA 06-03, ZC 14 06-02, CT 06-04, SUP 06-05, and HDP 06-01 and is subject to all conditions contained 25 in Planning Commission Resolutions No. 6860, 6861, 6862, 6863, 6864, and 6865 for those other approvals incorporated herein by reference. 16 As a condition of this approval, applicant must comply with the requirements of all 1'7 regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Govemment Code section 65871 and Carisbad Municipal Code Titie 20, Chapter 20.04, section 20.04.140 applicant 19 shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable 20 populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan, 21 22 '7- Developer shall implement, or cause the implementation of, the RANCHO MILAGRO GPA 06-03, ZC 06-02, CT 06-04, SUP 06-05, HDP 06-01, AND HMP 09-01 Project 23 Mitigation Monitoring and Reporting Program and Addendum. 24 8. This approval shall become null and void if grading permits are not issued for this 25 project within 24 months from the date of project approval. 26 9. Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the Developer shall take the following actions to the satisfaction of the City Planner in 27 relation to the open space lot(s) which are being conserved for natural habitat in conformance with the City's Habitat Management Plan: 28 PC RESO NO. 6866 ISO ^ a. Select a conservation entity, subject to approval by the City, that possesses 2 qualifications to manage the open space lot(s) for conservation purposes. 3 b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in 4 perpetuity in accordance with the requirements of the North County Multiple Habitats 5 Conservation Plan and the City's Open Space Management Plan. 6 c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the City Planner and conservation entity, if any, in an ^ amount sufficient for management and monitoring of the open space lot(s) in perpetuity. 8 9 d. Record a Conservation Easement over the open space lot(s). 10 e. Prepare a Preserve Management Plan which win ensure adequate management of the ^ ^ open space lot(s) in perpetuity. 22 10. 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 13 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 14 Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has 16 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 ofthe 17 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 shaU pay habitat in-Ueu mitigation fees, consistent with 19 the City's Habitat Management Plan (HMP) and the biological study (RECON, AprU 27, 2011), for impacts to 11.83 acres of Agricultural Land (HMP Habitat 20 Group F). 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 21 approvals for this project shall become null and void. 22 11. Prior to approval of the final map, the Developer shall: 1) consult with the United States 23 Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and 2) obtain any permits required by the US WF S. 24 12. If a grading permit is required, all grading activities are prohibited from (Febmary 1st for gnatcatcher or March 1st for vireo) to (September 15th for gnatcatcher or October 1st for 25 vireo). All erosion control measures must be installed prior to the initial grading. Any grading extensions into the grading prohibition period must receive written approval of 27 the City Engineer and the responsible wildlife agencies (Califomia Department of Fish and Game/United States Fish and Wildlife Service). 15 18 28 PC RESO NO. 6866 -9-151 13. In preparation of the Preserve Management Plan, the Preserve Manager shall 2 evaluate the need for cowbird trapping within the Rancho Milagro preserve and any necessary coordination with the City's Preserve Steward on any cowbird 3 trapping activities in the immediate vicinity. 10 NOTICE 4 5 .. Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 6 reservations, or other exactions hereafter collectively referred to for convenience as ^ "fees/exactions." g 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 Govemment Code Section 9 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 2 2 annul their imposition. 12 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, 13 zoning, grading or other similar application processing or service fees in connection with this 2^ 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 15 expired. 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6866 -10-155 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City ofCarlsbad held on February 15, 2012, by the following vote, to wit: AYES: Chairperson Schumacher, Commissioners Amold, Black, 4 L'Heureux, Nygaard, Scully and Siekmann NOES: ABSENT: ABSTAIN: 5 6 7 8 9 11 MICHAEL SCHUMACHER, Chairperson 2 2 CARLSBAD PLANNING COMMISSION 13 14 15 16 ATTEST: DONNEU 17 City Planner 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6866 -11- \^ EXHIBIT 5 The City of Garlsbad Plannhig Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: N/A P.C. AGENDA OF: Febmary 15, 2012 Project Planner: Jason Goff Project Engineer: Jeremy Riddle SUBJECT: I. GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO - 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, and Hillside Development Permit; and a request for approval of a Tentative Tract Map, Floodplain Special Use Permit, and Habitat Management Plan Permit for the subdivision and grading of a 43.58-acre site into 25 lots (19 single-family residential and 6 open space) on property generally located approximately one half-mile northeast of the intersection of College Boulevard and El Camino Real, in the Sunny Creek Specific Plan Area (SP 191) and Local Facilities Management Zone 15. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6860, RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum; ADOPT Planning Commission Resolutions No. 6861, 6862, and 6865, RECOMMENDING APPROVAL of a General Plan Amendment (GPA 06-03), Zone Change (ZC 06-02), and Hillside Development Permit (HDP 06-01); and ADOPT Planning Commission Resolutions No. 6863, 6864, and 6866, APPROVING a Tentative Tract Map (CT 06-04), Floodplain Special Use Permit (SUP 06-05), and Habitat Management Plan Permit (HMP 09-01), based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project involves a General Plan Amendment (GPA), Zone Change (ZC), Tentative Tract Map (CT), Floodplain Special Use Permit (SUP), Hillside Development Permit (HDP), and Habitat Management Plan Permit (HMP) to allow for the subdivision and grading of a 43.58-acre parcel with 25 lots (19 single-family residential and 6 open space) on property generally located approximately one half-mile northeast of the intersection of College Boulevard and El Camino Real, in the Sunny Creek Specific Plan Area (SP 191) and Local Facilities Management Zone 15. The GPA, ZC, and HDP require approval of the City Council. City Council approval ofthe HDP is required pursuant to SP 191. Approval of the CT, SUP, and HMP are final at the Planning Commission. 0 \5H GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15,2012 PAGE 2 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. HI. PROJECT DESCRIPTION AND BACKGROUND The project site is a 43.58-acre parcel located in the northeast quadrant of the City of Carlsbad, approximately one half-mile northeast of the intersection of College Boulevard and El Camino Real. The property is currently accessed by a private dirt road extending east from Sunny Creek Road. The site is within Local Facilities Management Zone 15 and the Sunny Creek Specific Plan Area (SP 191). The Specific Plan, adopted by the City of Carlsbad in 1985, was created to establish development standards for the residential development of the area in a maimer which promotes a mral estate atmosphere and preserves the unique environmental resources of the area. The existing environment of the subject property can be characterized as mral. The proposed development area of the property is clustered on a previously disturbed area in the northem portion of the site, which has historically been used for agricultural purposes. Upland and riparian/wetland habitats surround this area along the northernmost and southem periphery of the property. The site is included as a "Standards Area" in the City's Habitat Management Plan (HMP). Topographically, the property ranges from approximately 80 feet above mean sea level (MSL) in the southwesterly portions of the property to approximately 200 feet above MSL in the northeasterly portions of the property. Agua Hedionda Creek flows from east to west along the southem boundary of the property, while an unnamed tributary of Agua Hedionda Creek flows from east to west along the property's northem boundary, hereon described as "the northem drainage". The surrounding environment can also be generally characterized as mral, interspersed by agricultural fields, native habitat, and scattered residential estate and ranch type properties. More specifically, the project site is bounded to the north by the Cantarini property, a 157-acre ranch property that was previously developed in agriculture, but is presently fallow. This property is approved for 105 half-acre single-family residential lots, an 80-unit multiple-family residential apartment complex, and several open space lots (Cantarini Ranch, CT 00-18). Immediately to the south is an existing multiple-family apartment complex, a 172-lot single-family residential development known as the Terraces at Sunny Creek, and the Madonna Hill residential care facility. To the east, the subject property is bounded by five large parcels of land, three of which are mral estate/ranch type properties with single-family residences, one (northeast Mandana property) is developed in agriculture, and the other (southeast parcel) is developed with a landscaping business (Brickman Landscaping), which takes access off of Cougar Drive near its intersection with El Camino Real. To the west is the Barlow property, which is developed with a single-family home, several small outbuildings, horse stables, and an outdoor equestrian facility. The proposed project consists of developing the 43.58-acre parcel with 19 single-family residential lots, four (4) open space conservation lots, and two (2) homeowner's association maintained open space lots. Residential Lots 1-19 range in size from 21,780 square feet (0.5 acres) to 27,050 square feet (0.621 acres). Open Space Lot 22 is approximately 29,248 square feet (0.671 acres) in size and will include a water quality detention basin for the project. Open Space Lot 25 is approximately 5,023 square feet (0.11 acres) in size and will include a riparian overlook seating area. Open Space Conservation Lots 20, 21, 23, and 24 total approximately 1^ GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15, 2012 PAGE 3 29.3 acres. In total, the proposed open space lots account for approximately 30 acres, or 69% of the total property acreage. Primary access to the site will be provided via Streets "A" and stubbed Street "K" of the approved Cantarini Ranch tentative tract map (CT 00-18), and also through the extension of College Boulevard (Reach-A), a Circulation Element roadway, which will extend from its southem terminus at Sunny Creek Road to its northem terminus at the College Boulevard and Cannon Road intersection. Primary access to the site includes constmction of a bridge over the northem drainage that crosses the site at the narrowest section. The proposed crossing will consist of a Con-Span or similar three-sided 12-foot (width) by 5-foot (height) product that will span a 75 foot long section of the creek. The Con-Span or similar three-sided product maintains a soft soil bottom allowing for the natural flow of the creek beneath the crossing. Development includes constmcting the extension of a sewer line across Agua Hedionda Creek, in accordance with the approved South Agua Hedionda Interceptor Sewer project. An offsite sewer and trail easement is proposed across a small portion of the neighboring property adjacent to the west to accommodate this connection. Project grading requires 112,900 cubic yards of cut and 85,100 cubic yards of fill. Remedial grading, which will result in a balanced grading operation, involves over excavation and re- compaction ofthe disturbed areas of the site historically used for agricultural purposes. The development proposal will require the following discretionary permits: (1) General Plan Amendment 06-03 changes the existing land use designations of the property from RLM, OS, RH, C, and O to RLM and OS in order to 1) correct a mapping error, 2) adjust the General Plan Land Use boundaries to coincide with the Sunny Creek Specific Plan land use type and density pattem, and 3) preserve Open Space in a configuration that coincides with the conservation requirements of the City of Carisbad Habitat Management Plan (HMP); (2) Zone Change 06-02 rezones the existing zoning classifications ofthe property from R-1- 20,000, OS, and L-C to R-1-0.5-Q and OS in order to be consistent with the proposed General Plan Land Use designations, HMP, and Sunny Creek Specific Plan (SP 191); (3) Tentative Tract Map 06-04 subdivides the 43.58-acre parcel into 19 single-family residential lots, four (4) open space conservation lots, and two (2) homeowner's association maintained open space lots in confonnance with the Subdivision Ordinance (Titie 20) of the Carisbad Municipal Code (C.M.C); (4) Floodplain Special Use Permit 06-05 is required to regulate development (i.e., installation of a new sewer and storm drain line) within an area of special flood hazard (i.e., Agua Hedionda Creek) in accordance with the Flood Plain Management Regulations (CM C Chapter 21.110); (5) Hillside Development Permit 06-01 is required to regulate hillside grading in accordance with the Hillside Development Regulations (C.M.C. Chapter 21.95). Pursuant to the 15^ GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15, 2012 PAGE 4 Sunny Creek Specific Plan, special findings must be made by the City Council for impacts to slopes with slope gradients of 25% or greater. (6) Habitat Management Plan Permit 09-01 is required to regulate development in accordance with the Habitat Preservation and Management Requirements (C.M.C. Chapter 21.210). IV. ANALYSIS The project is subject to the following plans, ordinances, standards, and policies: A. Carlsbad General Plan Residential Low Medium Density (RLM) and Open Space (OS) Land Use designation regulations; B. One-Family Residential, 0.5-acre minimum lot size. Qualified Development Overlay (R- 1-0.5-Q) Zone (C.M.C. Chapters 21.10 and 21.06); and Open Space (OS) Zone (C.M.C. Chapter 21.33); C. Sunny Creek Specific Plan (SP 191); D. Subdivision Ordinance (C.M.C. Titie 20); E. Hillside Development Regulations (C.M.C. Chapter 21.95); F. Floodplain Management Regulations (C.M.C. Chapter 21.110); G. Habitat Preservation and Management Requirements (C.M.C. Chapter 21.210); H. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP); I. Inclusionary Housing (C.M.C. Chapters 21.85); and J. Growth Management Ordinance (C.M.C. Chapter 21.90) and the Zone 15 Local Facilities Management Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in the sections below. A. Carlsbad General Plan Residential Low Medium Density (RLM) and Open Space (OS) Land Use Designation Regulations The northem half of the subject property, where residential development is proposed to occur, has a General Plan Land Use designation of Residential Low-Medium Density (RLM). The majority of the southem half has a General Plan Land Use designation of Open Space (OS) with the exception of two narrow portions of the property located along the southem boundary, which have a combination of Residential High Density, Commercial, and Office (RH/C/O). These existing RH/C/O General Plan Land Use designations are remnant designations from a previously approved project (Sycamore Specific Plan, 1984), which never developed and was eventually replaced by the Terraces at Sunny Creek project. A General Plan Amendment is proposed which will change the existing land use designations of the property from RLM/OS/RH/C/O to RLM/OS in order to 1) correct the remnant mapping error discussed above, 2) adjust the General Plan Land Use boundaries to coincide with the Sunny Creek Specific Plan land use type and density pattem, and 3) preserve sensitive habitat in a configuration that is consistent with the City of Carlsbad Habitat Management Plan (HMP) preservation requirements. The City's HMP requires designation of the project's open space GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15,2012 PAGE 5 habitat preserve areas as Open Space (OS) on the General Plan Land Use Map and also the Official Open Space & Conservation Map concurrent with development. Additionally, the property is subject to the preservation standards of the HMP, and is subject to additional HMP conservation standards. The RLM designation will be applied to the Lots 1-19, while the OS designation will be applied to Lots 20-25. As designed, the project complies with the HMP conservation standards and results in the need to amend the General Plan to reflect the preservation of sensitive habitat within Open Space Conservation Lots 20, 21, 23, and 24, which total approximately 29.3 acres and represents approximately 67% of the total property acreage. This action is consistent with the General Plan Open Space Element and is in accordance with the intent and purpose of the OS Zone to designate high-priority resource areas as OS at the time of development. The RLM designation allows low to medium density residential development (0 to 4 du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac; which is also used for the purposes of calculating the City's compliance with Govemment Code Section 65584. According to the constraints analysis used for density calculations, 53 dwelling units could be located on the site based on 16.62 net developable acres. However, given the Sunny Creek Specific Plan's requirement for larger Va-acre minimum sized lots, a total of only 19 dwelling units with an overall density of 1.14 du/ac could be accommodated on the site, which is 34 units below the GMCP. Pursuant to Govemment Code Section 65863, the City may not reduce the residential density on any parcel below that which was used by the Califomia 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 Govemment Code Section 65584. The project is consistent with the City's General Plan since the proposed density of 1.14 du/ac is within the RLM density range of 0-4 du/ac as specified for the site. The project's proposed density of 1.14 du/ac is below the Growth Management Control Point density (3.2 du/ac) used for the purposes of calculating the City's compliance with Govemment Code Section 65584. However, consistent with Program 3.2 of the City's Certified Housing Element, all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. Accordingly, 34 dwelling units will be deposited into the City's excess dwelling unit bank. In addition to the above, the project complies with all elements of the General Plan as illustrated below in Table A: GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15,2012 PAGE 6 TABLE A - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use The site is designated as RLM (Residential Low-Medium Density; 0-4 du/ac with a GMCP of 3.2 du/ac). 53 single-family dwelling units could be constmcted on the site at the GMCP. 19 single-family dwelling units are being proposed. The project's density of 1.14 du/ac is within the RLM density range of 0-4 du/ac and 34 dwelling units will be deposited into the City's Excess Dwelling Unit Bank. The disparity (34 dwelling units) between what could be theoretically constmcted onsite (53 dwelling units) and what could be physically accommodated onsite (19 dwelling units) is a result of the Sunny Creek Specific Plan's zoning requirements for larger V2-acre minimum sized lots and sensitive grading schemes, as well as other HMP constraints (i.e., 100 ft. wide wetiand buffer areas and preservation of sensitive habitats). A total of no more than 19 single-family lots could be accommodated on the site. Yes Contribute to and/or extend existing systems of pedestrian or bicycle path, equestrian trails, and/or greenbelts as provided in the various elements of the General Plan (Overall Land Use Pattern - Pohcy C.7.5). The project includes a five foot wide meandering decomposed granite trail along one side of proposed public Street "X" connecting with the approved Cantarini Ranch project to the north at stubbed Street "K". This trail connection will contribute to and extend a multi- use trail system that has been established within the Sunny Creek Specific Plan area through the approved Cantarini Ranch project. Yes 15^ GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15,2012 PAGE 7 TABLE A - GENERAL PLAN COMPLIANCE (CONTINUED) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use (continued) Pedestrian and bicycle linkages should connect with major transportation corridors and the Carlsbad Trail System (Residential - Policy Cll). Protect and conserve natural resources and fragile ecological areas (Enviromnental - Goal A). Connection with the trail system approved as part of the Cantarini Ranch project to the north will provide the necessary pedestrian and bicycle linkages with the major transportation corridors and the Carlsbad Trail System Yes The project protects and conserves natural resources and fragile ecological area by limiting development to the least environmentally sensitive areas of the property, bridging the creek channel at its narrowest section, and preserving approximately 67% (29.3 acres) ofthe property in open space. Yes Restore and enhance the City's degraded natural resources (Environmental - Policy Cll). Where the property was previously disturbed or utilized for agriculture, the project will be converting with natural vegetation that is consistent with the surrounding native habitats. Yes Circulation Provide adequate circulation infrastructure to serve the projected population; and provide a circulation system that promotes safety and livability of residential neighborhoods while maintaining adequate emergency access (Streets and Traffic Control - Goals A.2/A.l). Primary local access to the site will be provided via Streets "A" and stubbed Street "K" of the approved Cantarini Ranch tentative tract map (CT 00-18), and also through the extension of College Boulevard (Reach-A), a Circulation Element roadway, which will extend from its southem terminus at Sunny Creek Road to is northem terminus at the College Boulevard and Cannon Road intersection. The circulation system has been designed in conformance with Engineering and Fire Department design standards to ensure safety and livability of the residential neighborhoods, while maintaining adequate access for emergency service providers and prompt evacuation capabilities for residents. Yes GO GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15,2012 PAGE 8 TABLE A - GENERAL PLAN COMPLIANCE (CONTINUED) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Noise Ensure that land uses are not significantly impacted by noise and enforce the City's policies regarding acceptable noise levels for residential development (Land Use - Goal A.l/PolicyC.5). The proposed project is located a distance greater than 500 feet from a General Plan Circulation Element roadway (i.e.. El Camino Real, and the future extension of College Boulevard (Reach-A)), and is outside of the 60 dB(A) CNEL noise contour as indicated in the City of Carlsbad's General Plan Noise Element and Noise Guidelines Manual (Carlsbad Future Noise Exposure Contours Map, forecast year 2010). Therefore, the project will not result in exposure of persons to or generation of noise levels in excess of standards established in the General Plan and/or the City of Carlsbad Noise Guidelines Manual for residential development. Yes Housing Require affordability for lower income households of a minimum 15 percent of all units approved for a qualified subdivision as defined in the Inclusionary Housing Ordinance (Policy 3.1). The project has been conditioned to enter into an Affordable Housing Agreement prior to approval of the final map to purchase three (3) credits in a combined inclusionary housing project or constmct three (3) inclusionary housing units on-site in the form of second dwelling units. The Affordable Housing Agreement is approved by City Council. Yes GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15,2012 PAGE 9 TABLE A - GENERAL PLAN COMPLIANCE (CONTINUED) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Open Space & Conservation To preserve, protect and enhance those areas of the City that provide unique and special open space functions, including, but not limited to, cultural and visual amenities, active and passive recreational uses, landmarks, buffers between incompatible land uses, wildlife habitats, and unique and desirable vegetation (Open Space Planning and Protection - Objective B.l). Approximately 30 acres, or 69% ofthe total property area, is being set aside in open space. For purposes of habitat protection, the project is preserving sensitive habitat within open space conservation Lots 20, 21, 23, and 24. Afl development has been setback a minimum of 100 feet from all wetland habitat areas. Areas within the buffer previously disturbed are being restored to native habitat. Active and passive public recreational uses are provided in the form of a riparian overlook seating area within Lot 25, and a meandering decomposed granite pedestrian trail along the perimeter of the development envelope. These amenities have been designed with the intent of bringing pedestrians and residents of this and the surrounding community closer with the natural environment. Yes Control storm water pollutants and design storm water conveyance systems which do not adversely impact sensitive environmental resources (Water Quality - Objectives B.l and B.2. The project has been designed in accordance with the City's Stormwater regulations. It has been conditioned to implement Best Management Practices for water quality protections; and to comply with the City of Carlsbad's Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the Califomia Regional Water Quality Control Board for the San Diego Region, and with the City of Carlsbad's Municipal Code. Yes cap GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15, 2012 PAGE 10 TABLE A - GENERAL PLAN COMPLIANCE (CONTINUED) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Public Safety Require a Special Use Permit (SUP) for all development proposed within the 100-year floodplain; review all such proposals to ensure that all building elevations are higher than peak flow level of a 100- year flood and not adversely impact other properties (Flood Hazard - Policy C.2). A SUP is included as part of the project applications for the installation of a new sewer and storm drain system within a 100-year floodplain area along Agua Hedionda Creek. All proposed building pads are located higher than the peak flow level of a 100-year flood. The sewer and storm drain improvements are subterranean and will not affect conveyance of storm water through the Agua Hedionda Creek channel. Therefore, the project will not impact surrounding properties as a result of flooding. Yes Require all drainage facilities to comply with the City's "Standard Design Criteria" and ensure compliance with Tities 18 and 20 pertaining to drainage and flood control stmctures (Flood Hazards - PoUcies C.3/C.5). The project is required to install properly sized drainage facilities to handle the 100-year flood conditions and to ensure compliance with Tities 18 and 20 pertaining to drainage and flood control stmctures. Yes Review new development proposals to consider emergency access, fire hydrant locations, fire flow requirements, and wildland fire hazards (Fire and Emergency Medical Services - Pohcy C.3). The project has been reviewed with respect to emergency access requirements, fire hydrant locations, fire flow requirements, and wildland fire hazards. Future residences will be required to install fire sprinkler systems, and fire protection buffers will be required between development and wildland areas. Yes B. One-Family Residential, 0.5-Acre Minimum Lot Size, Qualified Development Overlay (R-1-0.5-Q) Zone (C.M.C. Chapters 21.10 and 21.06); and Open Space (OS) Zone (C.M.C. Chapter 21.33) The site is currently zoned One-Family Residential, 20,000 square foot minimum lot size (R-1- 20,000), Open Space (OS), and Limited Control (L-C). The intent and purpose of the L-C GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15,2012 PAGE 11 zoning classification is to provide an interim zone for areas where planning for future land uses has not been completed. After proper planning or plan approval has been completed, properties zoned L-C may be rezoned in accordance with Titie 21 of the C.M.C. The proposed project includes a Zone Change from R-1-20,000, OS, and L-C to One-Family Residential, 0.5-acre minimum lot size, Qualified Development Overlay (R-1-0.5-Q) and OS. The proposed single-family residential zoning classification of R-1-0.5-Q is the implementing zone for the RLM General Plan Land Use designation and further identifies the property as requiring a half-acre minimum lot size in accordance with Sunny Creek Specific Plan (SP 191). The Qualified Development Overiay Zone ("Q" Overiay) is intended to be applied to properties with unique circumstances such as those proposed to be developed as hillside development or other physically sensitive areas. The "Q" Overiay supplements the underiying zoning by providing additional regulations for development and will insure that the fiiture residences of Rancho Milagro are consistent with SP 191. The "Q" Overiay will require submittal ofa Site Development Plan (SDP) for the development of future production homes in order to review architectural design and plotting. However, it is important to note that single-family homes on custom lots would not require any additional review. It is also important to note that the R-l zoning regulations would allow a three-story, 35-foot maximum building height for lots designated as having a minimum lot size of 20,000 square feet or greater. This provision of the code is consistent with SP 191. Lots 20, 21, 23, and 24, consisting of sensitive native habitat and wetiand buffer areas, will be dedicated as permanent open space in accordance with the City's HMP and will be rezoned to OS in order to be consistent. Additionally, Lots 22 and 25, consisting of a decomposed granite maintenance access road/pedestrian trail, public utility easement, drainage basin, and riparian overiook seating area will be rezoned to OS. The development proposal requires compliance with the provisions of the OS zone and with the City's HMP. The HMP requires a conservation easement to be dedicated over Lots 20, 21, 23, and 24 to preclude any use ofthe open space area beyond the proposed decomposed granite maintenance access road/pedestrian trial, all-weather access road (within the northem drainage), public utility easements; and four private storm drain easements (one in Lot 21 and three in Lot 24). The proposed rezone of approximately 13.5 acres to the R-l-O.5-Q zone and approximately 30 acres to the OS zone will ensure consistency between the General Plan and Zoning since the proposed zone boundaries are consistent with the proposed adjustment to the RLM and OS General Plan designation boundaries. Additionally, the project is consistent with and satisfies all requirements of Titie 21 (Zoning Ordinance) with respect to minimum lot size requirements and development standards. The proposed R-1-0.5-Q zone requires a minimum half-acre (21,780 square foot) lot size with a minimum lot width of 80 feet as measured at the front yard setback for standard lots, or 33 feet for cul-de-sac lots as measured at the public right-of-way line. Each of the proposed single- family lots meets or exceeds the minimum lot size and lot width requirements. A panhandle lot is proposed on Lot 4 in order to reduce grading quantities, reduce impacts to sensitive vegetation communities, and to maintain the natural topography and ridgelines ofthe property in accordance with the design requirements of the specific plan. The provision of panhandle lots does not preclude or adversely affect the ability to provide full public street GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15, 2012 PAGE 12 access to other properties within the subdivision; the lot size (32,022 square feet) is such that no future subdivisions will occur on the lot; and the panhandle dimensions are such that the length does not exceed 150 feet, and the access width is not less than the required 20 foot minimum. In addition, the buildable portions of the panhandle lot (27,516 square feet) excluding the panhandle area exceeds the 21,780 square foot minimum requirement; and the front, side, and rear property lines of the lot, for purposes of determining required yards, are appropriately indicated on the tentative map exhibits. The proposed OS zone has no minimum requirements. The detention basin, maintenance access roads/pedestrian trail, and drainage facilities located within open space Lots 20, 21, 22, and 24 are permitted within the OS zone. C. Sunny Creek Specific Plan - SP 191 The Sunny Creek Specific Plan (SP 191) was approved in 1985 to establish standards for development in the area which promotes a mral estate atmosphere. The specific plan area encompasses approximately 570 acres. The northem boundary of this area is the ridgeline south of the future alignment of Cannon Road (Reach 4) and the Ocean Hills development located in the city of Oceanside. The westem boundary of the specific plan is the new alignment of College Boulevard (Reach-A) and the eastem boundary is the Dawson/Los Monos Preserve. The southem boundary includes the Sunny Creek drainage basin, which follows the Agua Hedionda Creek. The specific plan was developed primarily to ensure protection of the environmental features ofthe area, and to maintain a mral estate type character consistent with the Sunny Creek area. To achieve these goals, the specific plan includes project density standards, development regulations, and some additional design standards. The specific plan allows for a transition of density from lowest to highest in an east to west and a south to north direction with half-acre minimum lot sizes in the highest density areas and one- acre minimum lot sizes in the lowest density areas. The Rancho Milagro subdivision is located in an area of highest density, which requires the half-acre minimum lot size and a density of one to two dwelling units per acre. The proposed subdivision is consistent with this requirement in that the proposed density is within the allowed range (1.14 dwelling units per acre) and each of the proposed residential lots meets or exceeds the half-acre (21,780 square foot) minimum lot size. In addition to the large lot sizes, the development regulations of the specific plan require that homes located along local, cul-de-sac, and loop streets include 35-foot front yard setbacks, 25- foot street-side setbacks, 20-foot interior-side setbacks, and 30-foot rear yard setbacks. Street "X" is considered a local street, while Street "Y" is a cul-de-sac. Future homes would be permitted to reach a maximum building height of 35 feet. While the plotting and architectural design of production homes is not made part of this current proposal, they will be reviewed subsequently through the SDP process due to the inclusion of the "Q" Overlay on the zoning designation. However, it is important to note that individual custom single-family homes would not require any additional review other than a building permit. The specific plan states that in addition to the findings required by Titie 20 and the Subdivision Map Act, the subdivision must also be found consistent with the Sunny Creek development regulations. These standards include: 1) preserving the mral and natural characteristics ofthe GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15,2012 PAGE 13 area; 2) designing property lines in keeping with the terrain by following natural drainage courses, ridge lines, and tops of graded slopes wherever practicable; and 3) creating buildable lots with usable access without undue alteration of the terrain. The project has been designed to preserve the mral and natural characteristics of the area in a number of ways. Foremost, the project has been designed to preserve the critical habitat areas in accordance with the HMP and is clustering development on the least environmentally sensitive portions of the property where land has historically been used for agricultural purposes. In this manner, the natural setting has been maximized. This has resulted in 67% of the property being placed into open space preserve and achieving a fully restored 100-foot wide wetland buffer along the northem drainage. To fiirther assist in maintaining a mral and natural character, the subdivision has been designed to generally utilize a single-loaded circulation system adjacent to the preserve area in order to maintain and preserve public views out into the open space area to the maximum extent practicable. Where feasible, a five-foot wide meandering decomposed granite trail has been proposed within the public right-of-way of Street "X" located adjacent to the open space area, along with a riparian overlook seating area within Lot 25, which have been designed with the intent of bringing pedestrians and residents of this and the surrounding community closer with the natural environment. The landscape design exhibits a mral flavor with randomly spaced trees, informal groupings of shmbs and groundcovers, and will utilize topographic mounding and boulders where practical. Due to the topography of the site and also the desire to maintain a mral and natural character, a curving street system and cul-de-sac have been used rather than imposing an artificial grid pattem. Residential pad designs are terraced on the hillside in a manner that is generally consistent with and follows the original topography and natural drainage courses of the site. A panhandle lot has been used in one instance (Lot 4) to assist in reducing grading quantities and to generally maintain the natural topography of the development area. Lastly, each lot has been designed with adequate access and a usable pad area without undue alteration of the natural terrain. Design standards related to grading, building orientation, and streetscapes also apply to the proposed subdivision. Building orientation will be reviewed in conjunction with a future SDP for architecture and plotting of production homes. Streetscape elements such as streetlights, street fumiture, fencing, and nei^borhood entry signage are designed or have been conditioned where possible to be consistent with the mstic mral character design theme required by the specific plan. In addition, the bridge stmcture spanning the northem drainage will have a soft bottom to promote natural conditions, incorporates a stone veneer with a three rail wood fence railing to be consistent with the mral character design theme, and the retaining walls supporting the main access road is of a plantable design to assist it in blending in with the natural surroundings. In general, grading has been designed to blend with the natural topography where practicable, and the areas proposed for grading and development of the subdivision have been limited primarily to the areas historically used for agriculture. Through this process, unique features of the site, such as mature trees, rock outcroppings, mounds, etc., are being preserved in the open space areas outside of the development footprint. Despite these efforts, the project will still impact some steep slope areas with slope gradients of 25% or greater, which the specific plan generally prohibits except for providing public or private streets. The specific plan allows the GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15,2012 PAGE 14 City Council, on a case by case basis, to make exceptions to this restriction provided that certain findings can be made. These findings with justification for each are contained in the Planning Commission Resolution No. 6865 associated with the Hillside Development Permit. This section summarizes the necessary findings and provides support for each. 1. A soils investigation conducted by a licensed soils engineer has determined the subject slope area to be stable and grading and development impacts mitigatable for at least 75 years, or the life of the structure. Geotechnical Exploration Inc. (GEI), a licensed geotechnical firm, conducted a preliminary geotechnical report and update for the project. The report included slope stability analyses and concluded that the on-site soils would support the proposed slopes with a stability factor of at least 1.5, which is considered the industry standard of practice. In addition, GEI provided a subsequent letter stating that subject to certain conditions being maintained on-site during and after constmction, the slopes will remain stable for at least 75 years, or for the useful life of the proposed stmctures. 2. Grading of the slopes is essential to the development intent and design. The intent of the proposed project is to develop a residential project exhibiting a mral character while preserving the environmentally constrained areas. This is being accomplished by limiting the development envelope primarily to those areas of the site which have historically been used for agricultural purposes. In this manner, the natural setting can be maximized and areas predominated by steep slopes can be preserved in open space. The point of ingress for the main access road was established by the previously approved Cantarini Ranch project entry point, while egress to the adjacent Mandana property is fixed pursuant to HMP exhibits. The intervening alignment between these two points was set to meet engineering design standards and minimize disturbance of the natural areas, while also providing an opportunity for residents to enjoy the natural, mral surroundings from the proposed decomposed granite trail and riparian overlook seating area fomiing the perimeter of the development envelope. Additionally, in order to maintain gravity flow of sewer, the elevation of the site dictates that sewer connection must be made at the Sunny Creek sewer main. This necessitates disturbance of a limited amount of the subject slope areas. In order to accomplish the stated desires ofthe specific plan to create a mral character, care has been taken to cluster lots in areas that would otherwise be disturbed by grading for access or utilities. This approach has been used to reduce grading quantities and contribute to a mral design character in accordance with the design guidelines of the specific plan. The project design preserves critical habitat areas and linkages in accordance with the HMP. Lastiy, slope area and habitat impacts are minimized by designing a residential lot layout to overlap grading impacts necessary to accommodate area wide circulation and infrastmcture extension. 3. Slope disturbance will not result in substantial damage or alteration to major wUdlife habitat or native vegetation areas. RECON prepared a Biological Technical Report (BTR) for the project, which demonstrates that the proposed development will not result in substantial damage or GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15, 2012 PAGE 15 alteration to major wildlife habitat or native vegetation. Specifically, the BTR demonstrates that the proposed project, while not located within a core area, will however enhance core or linkage areas in the area and will contribute to implementation of the HMP through the preservation of more than 67% of the on-site coastal sage scmb while minimizing impacts to other habitats. 4. If the area proposed to be disturbed is predominated by steep slopes and is in excess of 10 acres, no more than one-third of the total steep slope area shaU be subject to major grade changes. The area of the project to be graded is 14.24 acres in size with 1.87 acres (13.1%) consisting of steep slopes with a slope gradient of 25% or greater. Grading for the main access road, decomposed granite trail areas, and other public improvements account for 0.97 acres of impact to this slope category, while grading for the residential pads account for 0.90 acres. As evidenced here and on the Hillside Development Constraints Map included as part of the project exhibits, the area to be disturbed is not predominated by steep slopes. 5. If the area proposed to be disturbed is predominated by steep slopes and is less than 10 acres, complete grading may be aUowed only if no mterruption of significant wildlife corridors occurs. As demonstrated above in Findings No. 3 and 4, the disturbed area of the site is not predominated by steep slopes, and the project will not intermpt any wildlife corridors. 6. Because north-facing slopes are generally more prone to stability problems and in many cases contain more extensive natural vegetation, no grading or removal of vegetation from these areas wiU be permitted unless aU environmental impacts have been mitigated. As illustrated in the RECON prepared Biological Technical Report and Hillside Development Constraints Map, no grading or removal of natural vegetation will occur on north facing slopes. D. Subdivision Ordinance The Land Development Engineering Division has reviewed the development proposals and has concluded that the subdivision complies with all applicable requirements ofthe Subdivision Map Act and the City's Subdivision Ordinance. All major subdivision design criteria have been complied with including the minimum lot depth of 90 feet, provision of public access, required street frontage, and minimum lot area. The developer will be required to offer various dedications (e.g., drainage and sewer easements, street right-of-way, trails) and will be required to install street and utility improvements, including but not limited to, curbs, gutters, sidewalks, sewer facilities, drainage facilities, fire hydrants, and street lights. The project will require 112,900 cubic yards of cut, 85,100 cubic yards of fill, and some remedial grading, which will result in a balanced grading operation for the project. All required infrastmcture improvements including the constmction of a bridge over the northem drainage, installation of sewer and water lines, and all drainage and flood control facilities will be installed concurrent with development. GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15,2012 PAGE 16 E. HiUsidie Development Regulations A Hillside Developnient Permit is required for the subdivision because the property contains slopes of 15 percent and greater with elevation differentials greater than 15 feet. The purpose of this permit is to review the proposed development for conformance with the Hillside Development Regulations (C.M.C. Chapter 21.95). The development proposal is in conformance with the purpose and intent of this chapter as well as the other provisions of the regulations. Development of Natural Slopes Over Fortv Percent Gradient The hillside slope conditions have been identified on the project constraints map for the subdivision. Approximately 5.22 acres (12%) of the total 43.58 acre property is comprised of natural slopes having a slope gradient of 40% or greater. The majority of these slope areas are located within proposed Lots 20, 21, 23, and 24, which are being preserved in open space as part of development. However, grading for the main access road will impact a small area south of Lots 15-18 consisting of this slope category. Under the Hillside Development Regulations these types of natural slopes are generally protected. However, in order to be considered undevelopable, the slope must contain all of the following: 1) a slope gradient of greater than 40%, 2) an elevation differential of greater than 15 feet, 3) a minimum area of 10,000 square feet, and 4) comprise of a prominent land form feature. The subject slope area has three of the four specific criteria; however the slope does not comprise of a prominent land form feature. Therefore, this slope area does not qualify as undevelopable imder the Hillside Development Regulations and can be graded to accommodate the main access road through the site. Volume of Grading The standards require that volumes of grading be minimized. The relative acceptability of hiflside grading volume falls into the following three categories: 1) Acceptable: 0 - 7,999 cubic yards per acre (cu/ac), 2) Potentially Acceptable: 8,000 - 10,000 cy/ac, and 3) Unacceptable: greater than 10,000 cy/ac. Grading quantities for project are balanced and result in an acceptable grading volume of 7,928 cy/ac. Slope Height Manufactured slopes may not exceed 40 feet in height, unless an exclusion is provided pursuant to C.M.C. Section 21.95.130, or a modification is granted pursuant to C.M.C. Section 21.95.140. The project complies with this standard in that none of the proposed manufactured slopes extend to or exceed 40 feet in height. Contour Grading The Hillside Development Regulations require that all manufactured slopes which are greater than 20 feet in height and two hundred feet in length and which are located adjacent to or are substantially visible from a circulation element roadway, collector street, or useable public open space a.rea shall be contour graded. The project complies with this standard in that none of the proposed manufactured slopes are greater than 20 feet in height and two hundred feet in length. GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15,2012 PAGE 17 Screening Manufactured Slopes The Hillside Development Regulations require that all manufactured slopes be landscaped in accordance with the City's Landscape Manual. With the exception of the perimeter slopes adjacent to the open space preserve, which will be planted with naturalizing species to avoid the introduction of invasive plant species to adjacent natural areas, all manufactured slopes will be landscaped in accordance with the City's Landscape Manual. Roadwav Design The Hillside Development Regulations require that hillside roadway design be consistent with the City's Hillside Development Guidelines. Accordingly hillside roadways should follow the natural hillside landform and avoid large notches in ridgelines, or by defining wide, straight alignments. For this project, the point of ingress for the main circulation access road is established by the previously approved Cantarini Ranch project at stubbed Street "K", while the egress point to the easterly adjacent Mandana property is established pursuant to exhibits within the City's HMP. The intervening alignment was set to meet engineering design standards and minimize disturbance of natural areas to the maximum extent practicable whfle providing an opportunity for the public and local residents to enjoy the natural mral surroundings of the site from the vantage point of the proposed trail system forming the perimeter of the development envelope. Because of the unique character of the site, a short cul-de-sac (Street "Y") is proposed to reduce additional grading quantities that would be associated with providing an interconnected street system. In general, the proposed circulation system exhibits a curvilinear street design which follows the natural undulating topography, avoids large notches in ridgelines, and does not greatly alter the physical and/or visual character of the hillsides. Hillside Drainage The project incorporates undulating graded slopes and a curvilinear street design which reduces the effects of the proposed grading on the drainage pattem. The natural hillside drainage networks will be utilized and enhanced, in that the majority of the anticipated mnoff will be directed to several locations within the open space areas in an effort to reduce the locations of concentrated flow and to maintain and promote growth of the natural vegetation. Modification to Development and Design Standards The Hillside Development Regulations allow for a maximum retaining wall height of 6 feet, unless a modification to the development and design standards is granted pursuant to C.M.C. Section 21.95.140. There are three instances where proposed retaining walls exceed the height limit. The first is located where Street "K" is built up to bridge the northerly drainage channel and wetland habitat area. In this area, the project proposes a combination retaining wall^ridge stmcture with a maximum wall height of 18.2 feet (directiy over the channel) on the west side of Street "K" and 17.2 feet on the east side. The other two walls are located on the south side of Street "X" east of Lot 25 and west of Lot 6. In the area east of Lot 25, the maximum wall height is 9.3 feet, while the area west of Lot 6 is 18 feet at its maximum. Altematives showing a design using a maximum 6 foot high retaining wall were submitted and reviewed with the development proposal. The reduced wall height altemative for the area where Street "K" crosses the northem drainage channel resulted in an increased impact to wetiands habitat of 7,388 square feet. For po GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15,2012 PAGE 18 the area south of Street "X", the reduced wall height altemative resulted in an additional 5,924 square feet of impacts to sensitive vegetation communities. In these instances, a modification is allowed since the design using the higher retaining walls would result in more open space and would reduce disturbance to wetland habitats and impacts to other sensitive vegetation communities. Given that the walls are located below the roadways and are not situated in highly visible areas, allowing an increase in wall height to offset impacts to sensitive vegetation communities is warranted. Views of the walls will be obscured and minimized by the adjacent wetiand plant species which are generally characterized by lush dense growth, and also the dense upland and riparian habitats existing in the open space areas south of Street "X". To reduce the potential for any visual impacts, the project is being conditioned to use a natural earth-tone block for all retaining walls, consisting of a plantable design and planted with plant species that are compatible with the adjacent native habitat. Additional Standards The future residential developments will be required to comply with the remaining standards of the Hillside Development Regulations including hillside and hilltop architecture and slope edge building setback requirements. These items will be reviewed with the future SDP that is required to review the plotting and architectural design of production homes. Custom home lots will be reviewed for compliance with these standards during each building plan check. F. Floodplain Regulations The project proposes to constmct sewer and drainage improvements, as well as a decomposed granite maintenance access road/pedestrian trail in an area subject to the City's Floodplain Regulations. Drainage improvements include extending a 12-inch storm drain line from the outlet of the bio-retention swale to Agua Hedionda Creek. Sewer improvements include extending an existing 18-inch diameter sewer line across Agua Hedionda Creek in accordance with the approved South Agua Hedionda Interceptor Sewer (SAHT IE Phase II) project, which was designed to provide sewer accommodations to the Sunny Creek area. This portion of the project was previously analyzed and mitigated for in EIA 97-05 and will be constmcted in accordance with City approved DWG#361-6E. The crossing will occur in the location where Sunny Creek Road crosses the Agua Hedionda Creek channel. The method of constmction for this segment will be to "jack-and-bore" undemeath the creek so there is no blockage of stream flows and no disturbance of surface waters. On the north side of the creek channel, the Rancho Milagro residential project will connect a new 8-inch diameter sewer line to the newly stubbed segment ofthe South Agua Hedionda Interceptor Sewer project. The decomposed granite access road/pedestrian trail will be located above these improvements. The proposed improvements are subject to the provisions of the Floodplain Special Use Permit. The purpose of these regulations is to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions. This area is located within areas which would be inundated by a 100-year flood. A 100-year flood is defined as a flood which has a one percent annual probability of being equaled or exceeded. A Special Use Permit (SUP) is required to be obtained in addition to any other required permits or entitlements before constmction or development begins within an area inundated by a 100-year flood. GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15,2012 PAGE 19 The proposed sewer and drainage improvements are subterranean, while the proposed decomposed granite maintenance access road/pedestrian trail follows the existing grades within the area inundated by a 100 year flood. Therefore, the proposed improvements are adequately flood-proofed; will not cause any obstmctions and/or alteration to the existing flood course; and will not adversely affect the public health, safety, or general welfare. G. Habitat Preservation and Management Regulations 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 cit5wide 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. The HMP identifies the subject property as a Standards Area (Zone 15); is located adjacent to and south of an Existing Hardline Preserve Area; and includes a small finger shaped portion of Core Area 5 covering its southem half (which mns east/west following the Agua Hedionda Creek). The HMP conservation goals for Zone 15 require developments to establish, enhance, and maintain a viable habitat linkage across Linkage Area C (located to the northeast) to ensure connectivity for gnatcatchers and other HMP species between Core Area 3 (located to the north) and Core Area 5 (located south and southeast of Linkage Area C); and that they conserve the majority of sensitive habitats in or contiguous with biological core and linkage areas, including a no-net-loss of wetiand habitats and coastal sage scmb within Core Area 3 and Linkage Area C. Protection of coastal sage scmb (CSS) is of particular importance in the Standards Areas, and therefore 67% of the CSS is required to be conserved. The HMP identifies mitigation ratios for impacts to habitat types identified as sensitive, and flirthermore allows for impacts to agriculture, eucalyptus, and disturbed lands to be mitigated through the payment of an in-lieu mitigation fee. A Biological Technical Report for the Rancho Milagro Study Area was prepared by RECON (dated April 27, 2011) along with a summary letter dated May 4, 2011, for which eleven vegetation communities were identified within the project study area. In addition, a Wetland Delineation Study was also prepared by RECON (dated April 24, 2009), for which jurisdictional areas belonging to both the United States Army Corp of Engineers (USACE) and the Califomia Department of Fish and Game (CDFG) were identified. Extensive analysis of the project's consistency with the HMP, disclosure of the biological impacts (both direct and indirect), and inclusion of mitigation measures to reduce the associated project impacts are fully discussed and included within the Environmental Impact Assessment Form - Initial Study (EIA) (see pages 13- 21) attached to Planning Commission Resolution No. 6860. Because the project site is located within a proposed Standards Area, concurrence from the Califomia Department of Fish and Game (DFG) and the United States Fish and Wildlife Service (USFWS), collectively referred to as the Wildlife Agencies, is required. It is important to recognize that the final design of the project was reached with extensive involvement and input by the Wildlife Agencies; and that an HMP Consistency Determination from them was received on September 27, 2011 acknowledging the project's consistency with the HMP. IP GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15, 2012 PAGE 20 Therefore, as demonstrated in the attached Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and Addendum; and further supported by the Wildlife Agencies determination of consistency; the project does not conflict with the provisions of the HMP and all findings to support the Habitat Management Plan Permit (HMP 09-01) can be made. H. McCleUan-Palomar Airport Land Use CompatibUity Plan (ALCUP) The proposed project falls within the boundaries of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The ALUCP was adopted on March 4, 2010 and all projects within its boundary are required to be reviewed for consistency with its goals and policies. The ALUCP identifies four types of airport impacts that must be considered for each development: Noise, Safety, Airspace Protection, and Overflight. Noise Compatibilitv The purpose of the ALUCP noise compatibility policies are to avoid the establishment of new incompatible land uses and exposure of the users to levels of aircraft noise that can dismpt the activities involved. Noise compatibility is evaluated pursuant to the policies and noise contours as set forth in the ALUCP, Section 3.3 Noise Compatibility Policies for McClellan-Palomar Airport. The proposed project is located outside of the 60 dB CNEL Noise Exposure Range pursuant to Exhibit III-l of the ALUCP. The ALUCP identifies residential uses located outside the 60 dB CNEL Noise Exposure Range as compatible with airport uses. Safety Compatibilitv The purpose of the Safety compatibility policies is to minimize the risks of an off-airport aircraft accident or emergency landing to people and/or property on the ground close to the airport and to people on board an aircraft. Safety criteria relates primarily to "usage intensity" of people on a site as projected by a particular land use type. "Usage intensity" is defined as the maximum number of people per acre that can be in a given area at any one time. If a proposed use exceeds the maximum intensity, then it is considered inconsistent with the safety compatibility policies of the ALUCP. Six separate safety zones (Zones 1-6) are defmed by the ALUCP. Each zone has maximum intensity levels for each zone. Zone 1 is the boundary of the Runway Protection Zone (RPZ) and is the most restrictive of the safety zones. Increased intensity is permitted with each higher safety zone with Zone 6 being the least restrictive. The proposed project is located within Zone 6. The ALUCP identifies residential uses located within Zone 6 as compatible with airport uses. Airspace Protection Compatibilitv The purpose of the Airspace Protection compatibility policies is to ensure that stmctures and other uses of the land do not cause hazards to aircraft in flight v/ithin the airport vicinity. Hazards to flight include: physical obstmctions to the navigable airspace; wildlife hazards such as bird strikes; and land uses that create visual or electronic interference with aircraft navigation or communication. The airspace protection policies of the ALUCP rely primarily upon regulations enacted by the Federal Aviation Administration (FAA) and the State of Califomia. The regulations require notification of the FAA of any proposed constmction that could interfere n3 GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15, 2012 PAGE 21 with aircraft flight pattems. A component of a project containing any stmcture or objects that may exceed the height standards defined in the FAA's Part 77, Subpart C, must submit notification of the proposal to the FAA. The proposed project is within the boundaries of the notification area pursuant to Exhibit III-3 of the ALUCP incorporated herein by reference. As part of the General Plan Amendment associated with this project, the San Diego County Regional Airport Authority (SDCRAA), acting in its capacity as the San Diego County Airport Land Use Commission (ALUC) reviewed the project for consistency with the ALUCP. In a letter dated March 16, 2011, the ALUC determined the proposed project to be in compliance with the ALUCP airspace protection surfaces because the maximum potential height of the stmctures would not exceed the 35 foot height limit as specified by the ALCUP. As such, the project meets all requirements of the Airspace Protection policies of the ALUCP. Overflight Compatibilitv The purpose of the Overflight Compatibility policies of the ALUCP is to help notify people about the presence of aircraft overflights near airports so that they can make an informed decision regarding acquisition or leasing of property, especially residential properties, in the affected area. The overflight policies are contained in Section 3.6 and the Notification Area is depicted on Exhibit III-4 of the ALUCP. The proposed project is located within the Airport Overflight Notification Area, as is the majority of the City of Carlsbad. Therefore, the ALUC determined the project to be "conditionally compatible" with the ALUCP and has required as a condition of approval that an overflight notification be recorded for the project with the County Recorder. A condition to this affect has been added to the project, which can be found in Planning Commission Resolution No. 6863. I. Inclusionary Housing Since the application is proposing 19 lots for future single-family dwelling units. Chapter 21.85 (Inclusionary Housing Ordinance) requires that the project offset its impact on housing by providing 15% of the total on-site residential units as affordable to lower income households. Satisfaction of the on-site housing requirement may also be satisfied through the purchase of affordable housing credits in an existing development. This project has been conditioned to enter into an Affordable Housing Agreement prior to approval of the final map, subject to City Council approval, to purchase three (3) housing credits in lieu of providing affordable housing on site. The first choice is to secure credits in the approved, but not yet built, Cantarini Ranch/Holly Springs affordable housing project. If that cannot be secured, two other altematives exist which are to either purchase credits in the Glen Ridge affordable housing project located in the Robertson Ranch Master Plan development, or instead provide the affordable housing on-site in the form of three (3) second dwelling units (SDU). It is important to highlight that pursuant to Section 21.53.120 of the Carlsbad Municipal Code, a request to satisfy Inclusionary Housing through the development of SDUs on-site would require the approval of a Site Development Plan (SDP) in the future, and Section 21.85.070 requires that the City Council be the final decision making body. GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 Febmary 15,2012 PAGE 22 RANCHO MILAGRO J. Growth Management The proposed project is located within Local Facilities Management Zone 15 in the northeast quadrant ofthe City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized below in Table E. TABLE E - GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLY City Administration 66.06 sq. ft. Yes Library 35.23 sq. ft. Yes Waste Water Treatment 19 EDU Yes Parks 0.13 acres Yes Drainage 35 CFS / Drainage Basin "B" Yes Circulation 228 ADT Yes Fire Fire Stations 3 and 5 Yes Open Space Acres Provided = 30 acres Yes Schools (Carlsbad) Elementary = 6.46 Middle School = 2.25 High School = 1.96 Yes Sewer Collection System 19 EDU Yes Water 10,450 GPD Yes The proposed project is 34 units below the Growth Management Control Point (GMCP) for RLM properties. These units will be deposited in the City's Excess Dwelling Unit Bank. The unit yield of the property at the RLM GMCP (3.2 du/ac) is 53 dwelling units and 19 units are proposed. V. ENVIRONMENTAL REVIEW Pursuant to the Califomia Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Titie 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to biological resources, cultural resources, geology and soils, as well as exposure of people or stmctures to wildland fire. Mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. Consequentiy, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper and sent to the State Clearinghouse (SCH#2011081091) for public agency review. Two public comment letters were received during the 30-day public review period from August 25, 2011 to September 26, 2011, along.with a request from the San Luis Rey Band of Mission Indians for 10 additional days to review and comment. The comment letter from the Native American Heritage Commission (NAHC) was received on September 22, 2011. No response to comments was necessary, as compliance with all points of the NAHC comment letter had already been addressed through compliance with Senate Bill 18 procedures pertaining to Native American Consultation. The comment letter from GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO Febmary 15,2012 PAGE 23 Preserve Calavera was received on September 26, 2011. Comments were raised relating to Biological Resources, Hydrology, and Traffic. Following closure of the 30-day public review period, a joint comment letter/HMP Consistency Determination from the United States Fish & Wildlife Service (USFWS) and the Califomia Department of Fish & Game (DFG), collectively referred to as the Wildlife Agencies, was received on September 27, 2011 acknowledging that the project was consistent with the City of Carlsbad's HMP. No response letter was necessary. Comments were later received by the San Luis Rey Band of Mission Indians on October 7, 2011 requesting minor changes to Cultural Resources Mitigation Measure No. 19 a-f as it pertains to Native American involvement. A response letter addressing the concems of the San Luis Rey Band of Mission Indians was sent on January 5, 2012, while a response letter to Preserve Calavera was sent on Febmary 1, 2012. Both letters are included as attachments to the back of the MND. An addendum has also been prepared in accordance with Section 15164 of CEQA to include a revision to Biological Resources Mitigation Measure No. 15 and Cultural Resources Mitigation Measure No. 19 a-f These revisions have 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. 6860 (MND) 2. Planning Commission Resolution No. 6861 (GPA) 3. Planning Commission Resolution No. 6862 (ZC) 4. Planning Commission Resolution No. 6863 (CT) 5. Planning Commission Resolution No. 6864 (SUP) 6. Planning Commission Resolution No. 6865 (HDP) 7. Planning Commission Resolution No. 6866 (HMP) 8. Location Map 9. Background Data Sheet 10. Local Facilities Impact Assessment Form 11. Disclosure Statement 12. Reduced Exhibits 13. Full Size Exhibits "A" - "Y" dated Febmary 15, 2012 \1U SITEMAP NOT TO SCALE Rancho Milagro GPA 06-03 / ZC 06-02 / CT 06-04 SUP 06-05 / HDP 06-01 / HMP 09-01 17 BACKGROUND DATA SHEET CASE NO: GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 CASE NAME: RANCHO MILAGRO APPLICANT: Lvall Entemrises. Inc. 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 and Zone Change, and a request for approval of a Tentative Tract Map, Floodplain Special Use Permit, Hillside Development Permit, and Habitat Management Plan Permit for the subdivision and grading of a 43.58-acre site into 25 lots (19 single-familv residential and 6 open space) on propertv generallv located approximatelv one half-mile northeast of the intersection of College Boulevard and El Camino Real in the Sunnv Creek Specific Plan Area (SP 191) and Local Facilities Management Zone 15. LEGAL DESCRIPTION: Remainder Parcel "A" of Carlsbad Tract 96-02 according to map thereof no. 11242, filed in the Office of the Countv Recorder of San Diego Countv on October 27, 2000 all in the citv of Carisbad, countv of San Diego, state of Califomia, and "K" Street remainder parcels of Carlsbad Tract 00-18. APN: 209-060-61 and portion of APN 209-060-23 Acres: 43.58 Proposed No. of Lots/Units: 25 lots (19 single-familv residential and 6 open space) GENERAL PLAN AND ZONING Existing Land Use Designation: RLM, OS, RH, C, and O Proposed Land Use Designation: RLM and OS Density Allowed: 0-4 du/ac. Density Proposed: 1.14 du/ac Existing Zone: R-1-20.000. OS, and L-C Proposed Zone: R-l-O.5-0 and OS Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use East West R-1-20,000/OS/L-C RLM/OS/RH/C/O Open space and agricultural land. R-1-0.5-Q/OS RLM/OS Fallow agricultural land and open space. RD-M/OS RM/OS Single-family homes, multi-family apartment complex, a residential care facility, and open space. M-Q/R-A-10,000/L-C/ R-A-2.5/ R-E PI/OS/RLM/RL Single-family homes, agricultural land, and a landscape business. L-C RLM/OS Single-family home, equestrian facilities, and open space. LOCAL COASTAL PROGRAM Coastal Zone: [~] Yes ^ No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: • Yes No Coastal Development Permit: • Yes ^ No Local Coastal Program Amendment: Q Yes |3 No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 19 EDU ENVIRONMENTAL IMPACT ASSESSMENT r~l Categorical Exemption, Mitigated Negative Declaration, issued August 25, 2011. and Addendum, dated Febmarv 2, 2012. n 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: Rancho Milagro - GPA Q6-03/ZC 06-02/CT 06-04/SUP 06-Q5/HDP 06- 01/HMP 09-01 LOCAL FACILITY MANAGEMENT ZONE: 15 GENERAL PLAN: RLM, OS. RH. C. and O ZONING: R-1-20.0Q0. OS, and L-C DEVELOPER'S NAME: Lvall Entemrises. Inc. ADDRESS: 15529 Highwav 76. Pauma Vallev. CA 92061 PHONE NO.: (760) 742-3256 ASSESSOR'S PARCEL NO.: 209-060-61. 209-060-23 (portion) QUANTITY OF LAND USE/DEVELOPMENT (AC, SQ. FT., DU): 43.58 AC ESTIMATED COMPLETION DATE: Unknown A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = 66.06 sq. ft. Library: Demand in Square Footage = 35.23 sq. ft. Wastewater Treatment Capacity (Calculate with J. Sewer) 19 EDU Park: Drainage: Circulation: Fire: Open Space: Schools (Carlsbad): Sewer: Water: Demand in Acreage = Demand in CFS = Identify Drainage Basin = Demand in ADT = Served by Fire Station No. = Acreage Provided = Demands in EDU Identify Sub Basin = Demand in GPD = 0.13 acres 35 CFS Basin "B" 228 ADT 3 and 5 30 acres Elementarv = 6.46 Middle = 2.25 High = 1.96 19 EDU 15B 10,450 GPD The project is 34 units below the Growth Management Dwelling unit allowance. 1^ Citv of CarlsbatP^^ Planning Department DISCLOSURE STATEMENT Applicanfs statement or disdosure of certain ownership Interests on aii applications wliich will require discretionary action on the part of tiie City Council or any appointed Board, Commission or Committee. The foilowing information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this Information is completed. Please print cpirf)oraftqiii;e^^ 'dttier/pblitbaj^M A^ienisfmaif i^iB ifi ippferii artd; isrbperty owner must be proyiaeq.oelpwi^^ : .v t APPLICANT (Not the applicant's agent) Sf^^ Arr^^C4i^t^<^^ir^' Provide the COMPtETE. 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 ail indivlduais owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation. Include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person UJACU^A) t. L^/\^u^ Corp/Pert ^y^^(- B/ure^^ fli$e.i^ IAJC * Title \/iiJL ^f^BSi t>£^\r' Title Address / S'TZ-^ hh>i Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership' Interest in the property Involved, Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership inciudes a corporation or partnership, include the names, title, addresses of afl 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person S> Title Title Address ' Address 1635 Faraday Avenua • Carlsbad, CA 92008*7314 • (760) 602-4600 • FAX {760) 602-S559 • www.d.carisbad.ca.u5 ^ I'll 3. NON-PROFIT ORGANIZATION OR TRUST %^E, ArTm^^M^Mt' If any person identified pursuant to (1) or (2) above is a nonprofit orQanization 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 $500 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person<s):. NOTE: Attach addttional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/dafe Signature of applicant/aate Print or type name of owner Print or type name of applicant Signalure of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMtN\COUNTER\DlSCLOSURE STATEMENT 12/OS Page 2 of 2 1%^ ^ ' RECEIVED APR 1 1 200^ LyaU Enterprises, Inc. 15529 Hwy 76 CITY OF CARLSBAD Pauma Valley, CA 92061 PLANNING DEPT Attachment to: City of Carlsbad Disclosure Statement Persons holding more than ten percent ownership of Lyall Enterprises, Inc. Warren C and Janice R. Lyall 15524 Hwy76 Pauma Valley, CA 92061 Charles A. and G. Kathleen Lyall Tmstees of the Lyall Family Tmst 15529 Hwy 75 Pauma Valley, CA 92061 William F. and Brenda K. Eisemann Co-tmstees of the Eisemann Family Revocable Tmst 41810 Calle Cerro Temecula, CA 92592 end RESOLUTIONS ADOPTED BY THE DIRECTORS OF LYALL ENTERPRISES, INC AT THE DECEMBER 24, 2007 ANNUAL MEETING Resolved, to elect as Corporate Officers: Charles A. Lyall, President Warren C Lyall, Vice President & General Manager G, Kathleen Lyall, Secretary Brenda K. Eisemann, Treasurer Gficer compensation will be unchanged from previous year. Resolved, all actions taken by tiie Officers of the Corporation since the December 28, 2006 meeting ofthe Directors are hereby approved and ratified in all respects. Dated: December 24, 2007 Charles A. Lyall, Dire/tor President Warren C Lyall, Director Vice President, General Manager G/Katyeen Lyall, Directo Secretaiy Brenda K. Eisemaim, Director Treasurer William F. Eisemaiin, Director A Ji faomi R. Lyall, Piisbctor Timothy P. Lyall, Director Sfe LMlk oily J. Co^, pire^itor j'anice R. Lyall, Directo Aiidr^w W Lyall, l)irec/or Amy K. Caudill, Director •hi ll fCytie A. Eisemaim, Director LEGAL DESCRIPTION BONO * SUBDMSION OF REMAINOER PARCa '*' OF C*KlSe-U TBACT 90-02 ACCORDING TO MAP THEREC" NO. 112«. n^EO- IN TWE OFFICE OF THE COUNTY BECWDER OF SAN C'ECO . COUNTY ON OCTOBER 27. 2000 Aa ••. THE CITY OF (WILSBAO. COUNTY OF SAN DIEGO. STATI CF CALIFOPr,.A. ANO >• STREET REMAINDER PARCELS PE^ CT-0018. lANP USE gUMMARY 19 - fi-1 SINOLE FAMLY LOTS 21.780 So Ft 4- - SPACE / CONSERVATION LOT Z - t-a* MAINTAINED LOTS ASSEjSSOR PARCEL NUMBERS 209-06C-61 » A Pom-ION OF 209-070-01 APPLICANT ADDRESS RANCHO MIlACfTO 15529 ^•?HWAY 76 PAUMA VA-L£y. CA 93061 05^£RS RANCHD MILAGRO LYALL tk'ERPRISES NC 15S2e l-5HV»AY 76 PAUMA li±EY. CA 92061 QRAPING QUANTITIE? 118,900 Sl) Vd. CUT SHRINK^;;E O 12.SX - 14.100 Cu Yds BS.IOO iu Yd. nLL 7,9S8 Yd. PER ACRE (ONSITE ONLY) RE>ini(tj. QUANTITIES 8,*5« v.. Yds cur 10,liw tu Yds FILL I2,t!0« III Yds FILL - SUBSIDENCE (AORICULTURA.I, *1EA) SASCB ;;H THE ABOVE OUANTITIES THE SITE BALAHWS OUANTOItS REFLECT U.2J ACRES OF GRADED ARW. TENTATIVE MAP - CARLSBAD TRACT 06-04 RANCHO MILAGRO CARLSBAD, CALIFORNIA \ \ J SHggT INDEX SHFrr yscRPnoN IfTLE SHEET « NOTES ,0T EXHBR' It DETAILS -OITATIVE MAP GRADINO, LOTS 17-22 -ENTAIM MAP ORADING. LOTS 1-18 ,0T UNES * BUtOHO SETBACKS LOT i; ,0T LINES a BUILDINO SETBACKS LOT 1- ?IOLOOIC«. EXHIBIT INDEX SIOLOOICAL EXHIBIT. LOTS 17-22 SKJLOCICAL EXHIBIT. LOTS 1-16 PROPOSED STREET CL PROFILES PROPOSED ORAOWO EXHIBIT SPECIAL SEV , THE SEWER MAIN W K" STREET IS LOMIED SUCl THAT IT ' CAW BE EXTENDED EASTERLY INTO THE MANDANH I:-?0PERTY TO -Jf: NATURAL ORAOE BREAK APPROXIMATELV SW FEET EAST (If THE PROJECT'S EAST BOUNDARY, J A TMIfllV FOOT (30') 'UBUC UTILITY ANC ACSlSf PASEMENT ' IS PpriPOSED ALONO SUNNV CREEK ROAO TO fifHiNO PUBLIC SEfMJES. INCLUDINO SEWER, TO THE SOUTHERLV 5ND OF THE MANfcjlN* PROPERTY. THIS EASEMENT ANO ffWK IMPROVEMENTS CAN afWDE SEWER FOB AU THE DEVELOPABLE 'TOPERTY (WITHIN THE CTV OF CARLSBAO) TQ THE EAST ANO N0RTI-3AST. SEE SSWEB STUDV PREPARED BY MANITOU ENQINE gRINO COMPANY AND FILED WTH THIS TENTATIVE WAP. VICINITY MAP NO SCALE REVISIONS DATE T NTIAL tNONEEB OF WORK TRAIL PROFILE SCALE: r-20' PREPARED FOR LYALL ENTERPRISES. LLC PLANNING CONSULTANT I i£ ASSOCWTES GENERAL NOTES LAND USE NUMBER OF LOTS (RESIDENTIAL) SEWER DBTWCT ftYCBMiT SEWER DEIiWIO (19 UMTS « 220 OPD/UNfT) WATER DISTRICT AVERAGE POTABLE WATER DEMAND PEAK POTABLE WATER DEMAND (RRE) SCHOOL DISTRICT ELECTRIC TELEPHONE CABLE TELEVISION DRAINAGE FIRE AVFRAGF TUIIY TRAFFIC F.FHFRATFD (19 UNTO « 12 AOT/UNIT) PROPOSED DENSITY (725.970±/16.$2± SF/ACRES OF DMLOPABlf .ARE:*) EXISTING ZONING PROPOSED ZONING EXISTING CENERAL PUN OESIONATION PROPOSED CENERAL PUN I SITE ACREAGE PROJECT PHASING AEPIAL SURVEY ff/ VACANT/AGRICULTURAL cnv OF CARLSBAO CT 06-04 HDP 06-01 ZC 06-02 GPA 06-03 SUP 06-05 HMP 09-01 4.180 O.P.O. RESIDENTIAL CARLSBAD MUNICIPAL WATER DISTRICT 9.200 G.P.D. 1.500 O.P.U. CARLSBAD UNIFIED SCHOOL DISTRICT SAN DIEGO CMS ± ELECTRIC SBC TELEPHONE OOMPANY ADELPHIA CITY OF CARLSBAD CITY OF CARLSBAO R-1-20.000/0-S R-1 -as-o./o-s RLM/RH/C/O/OS/RM LEGEND PROPOSED EXISTING • / FILL SUBDIVISION BOUNttARY LOT LINE RIOHT Of WAV CORNER SIGHT DISTANCE UNE BUILOING SET BACK UNE RETAINING WAU (WALLS 6' IN HEIOKT ANO LOWER) PIANTABIE AinK;UUTED WAU. (WAU.S WER B' PEDESTRIAN RAIL • TOP OF WALLS ALONO ROW CURB, GLITTER, SIDEWALK, DRIVEWAY METAL BEAM GUARD RAIUNG PER SORSD M-36 SEE PEDESTRIAN FENCING NOTE AND DETAIL ON LANOSCAPE PLAN DATLIGHT LINE GRADED SLOPES ; CONTOURS VEGETATION UNE LOT NUMBER PAD ELEVATION STREET UCHI EASEMENTS U'xS' PRECAST STORM DRAW CU.VERT 18" STORM DRAIN il CLEAN OUT :. DITCH RIP-RAP ENEHOV DISSIPATOR (D-405 njEL HOOIFICATION 20NE SEE SHEETS 3*4 lOO-VU FLOOD PLAIN UMITS PER STUDV BS' DR. HOWARD CHANG EXISTWG lOO-VR FLOOD PUIN LIMITS GRASS LINED BIO-SWALE PROPOSED TRAH. IMPRWEMENTS EXISTINO LMITS OF RIPARIAN HABITAT HILSIOE DEVELOPMENT REGULATTONS (CHAPTER 21.95 OF GMC) ft THE HILLSIDE DEVELOPMENT * 0E9GN GUIOeLINES EXPOSED AGGREOATE CONCRETE SIDOVALK (FRONRNC LOT 1-6) TITLE SHEET V V V V SHEET 1 OF 11 SHEETS ENGINEER OF WORK: UANtrOU EMGINECRIHO COMPANY m l^.artmw> • CONSULTINO CNdNCPtiNC ' 9URvrrtN« OeSICWEn Sf: r.W.F. MTF: 08-07-06 DRAWN Fri- p.MoK. ^rAI F; AS IWnWN PROJECT M^iR.- rW.F. JOB NO" 167i \\Jufroliiljf.or.\Und(»-oJ«*«3\aiC2-l&74Sdi.g\V-TMS-;TUlY7J.,9 lO/a/sao 4,19.47 PM PDT LOT EXHIBIT, AREA TABLE, SUMMARY & DETAILS RANCHO MILAGRO CARLSBAD, CALIFORNIA CT 06-04 HDP 06-01 ZC 06-02 GPA 06-03 SUP 06-05 HMP 09-01 LOT AREA TABLE LOT NUMBER GROSS AREA (AC) NET AREA (AC) AREA (SF) PANHANDLE (SF) 0 554± 14.670± 2 0.551± 10.275± 0.560± 14.644± 0.735± 0.631* 2.838± 5 ' 0 502± 14.B77± 0.601* 11,861± 7 • O.SOO± 12.4«5d 0.500± 14.274* 9 0 500± 19.098± 10 • 0.54a± O.S1J± 12.506± 12 * 0.564± 13.8J6± U 0.50 J± 19.0O2± 0529± 19,382* 16 0541± 17.069± IS 12.775± 0.SS61 13,119± ie 0.5241 15.9*1 ± IS 0.621± 12.B60* 20 ie.440± S.86»l 0.6711 2} •' 2.042± 24 .. *976± O.II5± 3.060± PUBUC STREETS -LffiS - ^ OTS MARKED * ARE SU BJECT TO HILLSIDE SLOPE SETBRr:kS. LOTS MARKED '* ARE OPEN SPACE CONSERVATION LOTS • ARE HOA MAJNTAINED STREET CUkSSIFlCATION TABLE CLASSIFICATION RIGHT-OF-WAY CURB - CURB DESIGN « 'aD »rU££rE - REDUCED PER HLLSOE CONSTRAINTS EASEMENTS 4083, 0,R, (TO REMAIN) 1951, IN PAOE 117 OF BOOK AN EASEMENT IN FAVOR OF DANIELS CABLEVISION, RECORDED 1. 2001. AS INSTRUMENT NUNBER 2001-0271288 .O.R (TO REMAIN) AN EASEMENT FOR PUBLIC UTIUTIES. PER MAP NUMBER 1406O. i CITY OF CARLSBAO COVENANT FOR EASEMENT, RECOPfiB) MARCH 27. 2001, AS INSTRUMENT NUMBER 2001-01 ?6;.'4 OR. (TO REMAIN) A 12' EASEMENT IN FAVOR OF SAH WEGO GAS U ELE^ 'ilC OOMPANY, RECORDED DECEMBER 7. 2000, AS INSTRUMSf.' NUMBER 2000-0665575 O.R. (JO REMAIN) NOTES PROPOSEC PROPOsa PROJECT. C.T.No. 00-18 APPROVED) (D AU. PROPOSED SLOPES (CUT & RLL) 2:1 (MAX). y.SARO FUO Its' BaOW STREET GRADE LOT DRAINAGE DFTAII R NO SCALE ALL STRUCTURE ENHANCEMENTS FOR VERY HIGH FIRE AREAS. FOUND IN THE 2007 CALIFORNIA BUILDING COOE CHAPTER 7A. JANUARY 2009 SUPPLEMENT WTLL BE APPUCABLE. THESE STANDARDS WIU. APPLY TO ALL 19 OTS. THE STANDARDS SHALL BE APPLED TD THE ENTIRE STRJKIURE NOT JUST THE PORTIONS FACING THE WILDLAND WTERFAvE. IN ADDITION. THE ENTIRE DEVELOPMENT MUST HAVE NFPA • 3D RESIDENTIAL SPRINKLES SYSTEMS INSTAUED. LOT EXHIBIT SHEET 2 OF 11 SHEETS DESIGNED BY: F.W.F DRAWN BY; C.McK. _OATE: _ SCALE; AS SHOWH PROJECT MCR; F.W.F. \\8u<'f»loNshor«Mor»(tpr9jrc-t»3\S1)02-1674\dwg\v-THe-STUDY7.e»i.8 llVOl/EOlO CT 06-04 HDP 06-01 ZC 06-02 GPA 06-03 SUP 06-05 HMP 09-01 NOTE: K STREET TO JOIN EXISTINO GRADING AND IMPROVEMENTS CONSTRUCTED BY CT 00-18 SLOPE EASEMENTS TO BE GRANTED TO OTTY WITH nNAL MAP FDR CT 00-18 SHEET 4 T.M. GRADING - LOTS 17-22 SHEET 3 OF 11 SHEETS 40 80 120 160 GRAPHIC SCALE REVISIONS OATE INITIAL ENGINEER OF WORK REMSCN DESCRtPTlON DATE INITtAL DATE INITIAL cnv APPROVAL PREPARED FOR PUNNING CONSULTANT LYALL ENTERPRISES. LLC JACK HENTHORN & ASSOCIATES ENGINEER OF WORK: ADOLFO MOTA. R.C.E. 70787 DATE: I MANITOU ENGINEERING COMPANY OESCNED SY: F.W.F DRAWN BY: C.McK. _ DATE: 08-07-06 _ SCALE: AS SHOWN PROJECT MCR.;JJ!li-_JOB NO; 11174 \\fluffoloS5horeMonJprsJec-ts3\EOO2-1674MisO\V-TH2-STU0Y7jJwQ 10/31/8010 4^18-47 PM PDT SHEET 3 CT 06-04 HOP 06-01 \ . ZC 06-02 -V'" GPA 06-03 \ SUP 06-05 /g !\ 1 HMP 09-01 •pRIVAfF;/Rr)An. >^2S,0Si ^"A^f^yFMT T.M. GRADING - LOTS 1-16 SHEET 4. OF 11 SHEETS GRAPHIC SCALE REVISIONS DATE I I'lITIAL ENGINEER 0' WORK DATE INITIAL OTHER APPROVAL CITY APPPCJAL PREPARED FOR LYALL ENTERPRISES. LLC PLANNING CONSULTANT dACK HENTHORN & ASSOCW-.^TS ENGINEER OF *0R<; ADOLFO MOTA, R,C.S. 70787 DATE; PROJECT M0R.;ie, .M.S.... - fl,Mc DATF; SCAIF; 08-n7-0fi AS SHOWN JOR nn 1B74 \\Birfl'olo\shar«MaiK^)roJ«:ts3'>aO(E-1674'\((»o"^V-TM£-STUJY7.<J«o 1 CT 06-04 HDP 05-01 ZC 06-02 GPA 06-03 SUP 06-05 ORAPHC SCALE REVISIONS EHGIhEER OF WORK SHEET 6 REVISION DESCRpnON OTHER APRggVAl LOT UNES k BLDG SETBACKS - LOTS 17-22 SHEET 5 OF 11 SHEETS PREPARED FOR LVALL ENTERPRISES. LLC PUNNING CONSULTANT JACK HENTHORN £ ASSOCIATES \\8uF#fttoNshoi-«Mo™*roJ.cts3Sa002-1674Nd1ro\V-TMS-STUDV7_5-6_SCRECNd*Q 10/31/2010 4.11i40 f ENGINEER OF WORK; AOOIFO MOTA R.C.E, 70767 OATE; ••IIMANiTou E:NCINEERING COMPANY m PUNHWC ' OESIONED BY; F W F DRAWN BY; G.McK. PROJECT M0R.:£lt£_ .DATE; 08-07-06 .SCALE: ta SHOWN SH£ET 3 so 120 CT 06-04 , .HOP 06-01 )* ZC 06-02 V / ^ \ GPA 06-03 ' /- \ SUP 06-05 V CRM>HIC SCfiLE '.\Buffc{o\shareManolproJerts3veCOe-1674\(*io\V-THS-STUOV7_5-6_SCREEII,dr^ 10/31/2018 4'U-40 PM POT REVISIONS DATE mlTlA. REVISION DESCRPnoN WTE WIAL DATE INITIAL ENGINEER QF W^W REVISION DESCRPnoN OTHER APPROVAL CITY APPRCN'Al, PREPARED FOR LYAU. EMIERPRISES. LLC PLANNING CONSULTANT JACK HENTHORN « ASSOCIATES LOT UNES k BU)6 SETBACKS - LOTS 1-16 SHEET 6 OF 11 SHEETS ENGINEER OF IV'i*! ADOLFO MOTA P,5.E. 70787 DATE: DESIGNED BY; Xiii- DRAWN Btr PROJECT MOB.;JLiJi- .OAIE; l»-tl7-« .SCALE; AS SHOWN .JOB NO: J4Z1 o TENTATIVE MAP - CARLSBAD TRACT 06-04 RANCHO MILAGRO BIOLOGICAL EXHIBIT MANDANA HMP OPEN SPACE PRESERVE CT 06-04 HDP 06-01 ZC 06-02 GPA 06-03 SUP 06-05 HMP 09-01 ENGINEER OF WORK: ••I^MAMITOU ENCINEIERING COMPANY lo-rL„.— ADOLFO MOTA. R.C.E. 70767 D.ATE; OFSIGNFf) RV: F.W.F. rUTF: OS-OJ-rifi DRAWN RY- CMcK, <;rai,E; AS SWC-tfH'J PROJFCT MnR.: F.W.F. .IOB NO: 1674 -0 CT 06-04 HDP 06-01 ZC 06-02 GPA 06-03 SUP 06-05 HMP 09-01 REVISIONS DATE INITIO RC^ISIDN DESCRIPTFON QTVIER APPROVAL SHEET 7 PREPARED FOR BIOLOGICAL EXHIBIT - LOTS 17-22 SHEET 8 OF 11 SHEETS PUNNING CONSULTANT JACK HENTHORN & ASSOCIATES ENGINEER OF WORK: MANITOU ENGINETERING COMPANY ENGINEER OF WORK: DFi;iOt-Fn BV; F.W.F DATF: f)R-n7-0fi DRAWN RY- G.McK. SCAIE: A.*! *tHOMJ ENGINEER OF WORK: PROJFCT MGR.; F.W.F .lOR NO: 1fl74. X) SHEET 6 CT 06-04 HDP 06-01 ZC 06-02 GPA 06-03 SUP 06-05 HMP 09-01 PRI\/ATP Pr^An fTAQCN/lcrMT REVISIONS ENGINEER OF 1 PEVlSiON DESCRPTION BIOLOGICAL EXHIBIT - LOTS 1-16 SHEET 9 OF 11 SHEETS PREPARED FOR LYALL ENTERPRISES. LLC PUNNING CONSULTANT 1 ASSOCIATES ENGINEER Of WORK: ADOLFO MOTA. R.C.E. 70787 ra MANITOU ENGINEERIMG COMPANY DESIGNED aV: F.W.F . DATE: QS-Q7- DRAWN BY: C.Mc^ _ 3CALE: AS SHOWN PROJECT MGR.: F.W.F OFF-SITE CT 00-18 "K" STREET STA 7+38.70 - 10+00.00 ON-SITE "X" STREET STA 10+00.00 - 20+00.00 CT 06-04 HDP 06-01 ZC 06-02 GPA 06-03 SUP 06-05 HMP 09-01 ON-SITE "X" STREET STA 20+00.00 - 30+10.28 OFF-SITE FUTURE CONNECTION STA 30+10.28 - 33+00.00 "Y" STREET : STA 10+00 - 11+84 HORIZ. SCALE: 1' VERT. SCALE: 1" 50' 50' GRAPMIC SCALE REVISIONS DATE I INITIAL ENGINEER OF WORK, \VBwFfalo\«hor»\l(irwlpro>cts3\2(l08-1674\cl«o\V-TI«-STUDY7.d«o 10/31/WIO REVEtON DESCRIPTON DATE MNITlAl OTHER APPROVAL CfTY APPROVAL PREPARED FOR LYALL ENTERPRISES. LLC PLANNING CONSULTANT JACK HENTHORN & ASSOCIATES PROPOSED STREET CL PROFILES SHEET 10 OF 11 SHEETS ENGINEER OF WORK: ADOLFO MOTA R.C.E. 70787 DATE: DESIGNED BY: F.W.F DRAWN BY: G.Mcl PROJECT MGR.: F W F. _ SCALE: AS SHOWN _ JOB NO: 1674 TENTATIVE MAP - CARLSBAD TRACT 06-04 RANCHO MILAGRO PROPOSED GRADING EXHIBIT PROPOSED BRIDGE " ^ li II ^ I // /( / / / / /. / / ^ / / / / / / / # / <? ' ^ / / / GRAPHIC SCALE V : MANDANA SR«E'*PRESERVE POSSIBLE FOTURE GRADING r^oSs EXISTING GROUND FUTURE CONNECTION TO MANOANA PROPERTY SEE PROFILE SHEET 10 GRADING QUANTITIFS 112,900 Cu Yds CUT SHRINKAGE O 12.SX - 14.100 Cu Yds 85,100 Cu Yds FILL 7,928 Cu Yds PER ACRE (ONSITE ONLY) REUFDIAL QUANTITIES 8.400 Cu Yds CUT 10.100 Cu Yds FILL 12,000 Cu Yds FILL - SUBSIDENCE (AGRICULTURAL AREA) BASED ON THE ABOVE OUANTfTIES THE SITE BALANCES QUANTITIES REFLECT 14.24 ACRES OF GRADED AREA, CT 06-041 HDP 06-01 ZC 06-02 GPA 06-03 SUP 06-05 HMP 09-01 PROPOSED GRADING EXHIBIT SHEET 11 OF 11 SHEETS ENGINES OF WORK: ADOLFO MOTA. R.C.E. 70787 OATE: ra MANITOU ENGINEERING COMPANY DESIGNED BY: FWF DATE: Qa-07-nfi DRAWN BY: G.McK. SCALE; AS SHOWM PROJECT MGR.: FWF JOB NO: 1674 _0 HILLSIDE DEVELOPMENT PERMIT HDP 06-01 / CONSTRAINTS MAP RANCHO MILAGRO CITY OF CARLSBAD, CALIFORNIA SHEET INDEX SHEET DESCRIPTIOH KEY WAP S NOTES CROSS SEOTICflS OUT / FILL MAP SLOPE .ANALYSIS EASEMENTS m m m s m m m a •31APHIC SCALE SSSiSRDED APRIL THE E'ilSTIHO SLOPE AREAS 'WITHIN OPEN SPACE LOT 20 ABE EASEMENT FOR Pua.l« LTnUTES. PER UAP NUMBER HOfO, (TU (ijWUN) HILLSIDE ORDINANCE/ SUNNYCREEK SP 191 SLOPE ANALYSIS SLOPES >25!t IMPACTED SLOPES >26% i! MPACTED 19. 2001, A» (JJIWlMEW DENSITY CALCUUTIONS*** TOTAL GROSS Acres QP CATEC. SPACE (LOT 20) OP CATEO. RLii SOO&E BCACMES WATER TMAN 40S [3; MAJOR EXlSTiHC ClffCULATIOf fUlLROAD ES. CONSV. <i) RIPARIAN OB WOOPLWIDS ft) WETLANDS ACRES (JROWTH cowrpoL POtNT*' UHrrs 43.58 18 44 27.14 O.CO 0.00 0.00 2.70 5.45 000 0.0Q 0.00 I-M 1.15 I 2.88 48.0 D.L'.i 0)°^ (S^SY'oflLCOuSS^K^ ™ ^ RESTmcnVE CONSTRAINT. (2X.J) a.OPE CALCULATIONS EXOLIK ACREAGES ALREADY COUNT0? WITHIN GEHERAL PLAN OS ft CONSERVATION CASEMENT. " BASED ON THE ZONE tfi MAMACEMENT PLAN, THE RLU OENSnv FOR PARCEL FUA~^1 fS SHOWN AS 2.08 D.U./MS. FOR HON-COWSnfAINEO LAND. CROWTH CONTflffl. PCMNT 2.88 D.L1./*C. » 16.62 AC. - 48,0 D.U.d. THE NUMBER OF UNfTS PROPOSED - 19. LEGEND CONSTRAINTS NOTES MAIOR RIDOC LWES DISTANT VIEWS INTERNAL 'JIEWS RIPARIAN OR WOODUNDS INTERMITTENT DRAINAGE COURSE IBS - 40» SLOPES (SEE LEOENDl SLOPES GREATER THAN 40% (SEE LEOERDi KAJOR ROCK OUTSfiOPPWO EA3EMCWS FLOOOPuuNS .ARCMEOLOSHOAL SITES SFEOSAL PLANNINO .«EA BIIXOOICkL KiBTATS BEACHES PERMAI-€NT aooes OF WATER WETLANDS MAJOR POWER TRANSMISSION EASEHENT3 RAILROaO TR».CK BEDS CIRCULATION ELEMENT ROADWAYS GRADING NOTES FOR NOTES AND CUT./na ASEAS SEE SHEET 3 OF i CT 06-04 HDP 06-01 ZC 06-02 GPA 06-03 SUP OS-05 INTEPHAL VIEWS CUT AREAS (SHEET 3) FU AREAS (SHEET 3) SLOPES LESS THAN 151! (SHEET 4) SLOPES 181! - 25S (SHEET *i SLOPES 25!1 - *n (SHEET 4) aOPES OREATER THAN 40S (SHEET •) HlLLSOE 0Evn.OPMENT PERMIT SLOPE PflOFlLE LOCATKJN NONE NONE AS SHOWN AS SHOWN IN BIOLOOY REPORT AS SHOWN A5-5HO'«H AS-SHOWN AS-JHO'«N AMHOiVN NONE SP-191 AS SHOWN IN BIOLOOV REPORT NONE NONE AS SHOWN NONE NONE NONE a-IQlNEER OF WSSif REVISIONS HITIAL REVISKIN OESCRIPTION ENGINEER OF WORK; OATI I INITW. I OATE I IRlTgr OTHER APPROVAL I CITT APPpgt DESONED BYI FW.F. DRAWN BY: CMoK. PROJECT HOR,;il(i. . OATEl 08-07-06 .SCALE; AS SHOWN .JOB NO; 1674 HILLSIDE DEVELOPMENT PERMIT CONSTRAINTS MAP - STUDY 7 RANCHO MILAGRO CITY OF CARLSBAD, CALIFORNIA SHEET 1 OF 4 SECTION A-A CT 06-04 HDP OS-01 ZC 08-02 GPA 06-03 SUP 06-05 SECTION B-B 1 ! » -1"' 1 * ? I 1 ? 5 ? ^ s « : s s t s a i I 1 ^ S s OBTIKOtUV. i ? K 1 ! c 3 e i g a a s —q ^» e ^ B i iii is ™^' SI i i 1 i i ? S % 1 1 1 i SECTION C-C HORfZ. SCALE : = l" = 50' VERT. SCALE i 1" = 50' CROSS SECTIONS i 2 I f REVISIONS ITIAL JjQINEER 0F'i^5|?|t' REVISION DESCRIPTKIN ENGINEER OF WORKl DATE I imrlAL I DATE I iNlTltl OTHER APPROVAL I On .mwil^' DESKJNED BY: F.W.F DRAWN BY; .SiHfilS:- - DATE: 08-07-06 PROJECT HOR.;i:.a£. .SCALE; AS SHOffN ,, .JOB NO: 1674 HILLSIDE DEVELOPMENT PERMIT CONSTRAINTS MAP - STUDY 7 RANCHO MILAGRO CITY OF CARLSBAD, CALIFORNIA SHEET 2 OF 4 CT 06-04 HDP 06-01 ZC 06-02 GPA 06-03 SUP 05-05 GRADING QUANTITIES 112.900 Cu Yth CUT SHRINKAGE • 12.SX - 14.100 Cu Yds 85.100 Cu Yds RLL 7,828 Ou Vd» PER ACRE (ONSITE ONLY) RFMFHAI OIIAMTmr<! 8,400 Cu Yds CUT 10,100 Cu vm FILL 12,000 Cu raj FILL - SUBSIDENCE (AORIOULTIJSAI, AREA) BASED ON THE ABOVE QUANTmES THE SITE 8ALA«;;ES OUANTIIIES REFLECT 14.24 ACRES OF GRADED rSl'. CUT AREAS (8,76 pt) FIU. AREAS (i,5i AC) CUT / FILL MAP ENGINEER OF WORK 100 200 300 GRAPHIC SCALE REVISIONS REVISION DESCRIPTION ENGINEER OF WORK: OTHER APPROVAL iNiTw. ""WE I'lWk' CITT APPBfilSf DESKJNED BVl JM N BT: iJJfiL. PROJECT MOI!,;X»£- .OATE; 08-07-06,. .SCALE- AS SHOWN .JOB NO: 1674 HILLSIDE DEVELOPMENT PERMIT CONSTRAINTS MAP - STUDY 7 RANCHO MILAGRO CITY OF CARLSBAD. CALIFORNIA SHEET 3 OF 4 to cfl to to Ifi OOOOO K a. o < a. OCIMQ.3 X 0(/5 LANDSCAPE ARCHITECTURAL CONCEPT PLAN: c\Ty or <::.ARLSBAP, CA HIGHWAY j.-_?S VIGINITT MAP NTS SHEET INPEX SHEET DESCRIPTION SHEET HO. TITLE SHEET | CON<SEPTUAL PLANTING, FENCINS, ANP FIRE PRCJTECTICPN ZONE PLAN 2-3 PLANTINS, FENOINfS ANP FIRE PROTECTION LESEND « NOTES 4 CONCEPTUAL FENCIN& AND ENTRY DETAILS 5 CONCEPTUAL mTER CONSERVATION PLANS b-1 CONCEPTUAL RECLAIMED tNATER PLANS &-q CONCEPTUAL MAINTENANCE RESPONSIBILITY PLAN 10 PLANS PREPARED FOR= LYALL ENTERPRISES, INC. ISSS"^ Hlc=.HlAlAr lb PAUMA VALLEY, CA '=12061 PLANS PREPARED BY: (S-ILLESPIE MOODY PATTERSON, INC. 4125 SORRENTO VALLEY DLVP., SUITE O SAN PIE(5-0, CA =^2121 T e>56.55&.&'m F e'5&.55£>.<=ll&& 4125Soasf*>VAyBbtl. SdtoO SanOego RANCHO MILAGRO City of Carlsba(d, California SHEET 1 OF 10 TIC FOLLOHINS RESIRIGTIOH MIST BC INCLUDED D PRO.ECT CC1R». nSRE A FRE PROTECTION ZONE imFUDES TO mum 10 FT. OP WE SIRICIUiE EWEU5PE, Tl€ LOT SHAU. HAVE NO EXTERIOR PlAre PROBUGINS OeVICBa, OUTDOOR FIR£ aAtBfS OUroOOR FIR PIT(5), Alt) OFW FLAME TCKKSI. PATW COVERS WU BE MNSTRUGIB? OF £NTUN RESBTANT MATERIAL OP THE 5A« RAIllte AS Tie STRUCTURE mx. IT 15 Bei» UnWlfB TO. SEE SHEETS I SHEET 2-3 SEE SHEET 4 SEE SHEBT 5 SEE SHEETS 6-1 SEE SHEETS t>-<\ SEE SHEET IO FOR TITLE SHEET FOR PLANTIN6 AND PENCIN6 CONC-EPT PLAN FOR PLANT, FENCE « FIRE PROTECT. L.E6ENDS FOR FENCINS AND CONSTRUCTION DETAILS FOR mTER CONSERVATION PLAN FOR RECLAIMED WATER PLAN FOR MAINTENANCE RESPONSIBILITY EXHIBIT tfABtEIWllDEfAILF.a ?am.^a^mf??iiTj-FVANTIN6 ZOIt 3 • NAlURALIZINlS LAWSCAB (OmiDE OF ff25 OttTT^ IM ACRES OF TOTAL PROPOSED LAIC9£AFE AREA 3,T» OF TH TOTAL SITE AREA "Wth mnanoncnoinaf aeootftmVTO. rLANTM» JOC 9 IUn» AmKMU NIHN nc nVIKTKM AITROPRIAIE ID ITO/IDE fOL ESTABLBWBIT. NOTE; SEE SHEET 4 FOR DETAIEP PLANTINS5 Ate cesCHPnote OF EACH LAtPSCATE ZOK AISSdrsnbViiqeM. SuieD SanOtogo TdS58S58 8977 I Fw8SeS»91ll8 RANCHO MILAGRO City of Carlsbad, California 10 Ski SEE SHEETS I SEE SHEET 2-3 SEE SHEET 4 SEE SHEET 5 SEE SHEETS 6-1 SEE SHEETS B-q SEE SHEET IO FOR TITLE SHEET FOR PLANTINS AND FENCIN& CONCEPT PLAN FOR PLANT, FENCE I FIRE PROTECT. LESENDS FOR FENCIN& AND CONSTRUOTION DETAILS FOR mTER CONSERVATION PLAN FOR RECLAIMED WATER PLAN FOR MAINTENANCE RESPONSIBILITT EXHIBIT ///, WIDTHS OF THE PIRE ZONES, AS SHOINN HEREON ARE PER THE DECEMBER 15, 200<I MEETIN& WITH A FIRE DEPARTME^^• REPRESENTATIVE, THROU6H THIS MEETING IT WAS ASREEP THAT ALL BUILDINGS WILL HAVE FIRE SPRINKLERS, AND THE SPECIAL CONSTRUCTION RE&ULATIONS OF THE URBAN-WILDLAND INTERFACE FIRE COOE WILL BE APPLIED TO ALL BUILDINISS MHICH FACE NATIVE OPEN SPACE. SPECIAL NOTES TO THIS EFFECT ARE INCLUDED HEREON, /AREAS SHADED FLATTER THAN 6:1 RESUIRE STANDARD •! (COVER CROP) MKEN THEY HAVE Of£ OR MORE OF TieFOLLOMIN6 CONDITIOHS, A. - SHEET SRADED PADS NOT SOCDULED FOR IMPROVEKCNTS WITHIN 6 H3NTHS OP COMPLETION OF ROUSH SRADINlS. B. - A POTENTIAL EROSION PROBLEM AS DETERMINED Bf THE CITT. C. - IDENTIFIED BY THE CITT AS HI6HLr VISIBLE AREAS TO THE PIBLIC OR HAVE SPECIAL CONDITIONS THAT WARRANT IMVEDIATE TREATVENT. I www.9siplsti4arcl..cD 5Sonvt*iVAy6M. I SuHeO SanDfego I Cmonit 92121 I T*tstsssmi I Fn65eS5S91118 CONCEPTUAL PLANTING AND FENCING PLANS RANCHO MILAGRO City of Garlsbad, California SHEET 3 OF 10 PLANTINSi LE(SENP RESIDENTIAL STREETS AND PAR<INAYS SIZE APPROX. SPACING TREES CASSIA LEPTOPHYLLA CHITALPA TASH<ENTENSI5 LA6ERSTROMIA INDICA FECC3S' JACARANDA MIMOSIFOLIA UMBELLULARIA CALIFORNICA SHRUBS BOU&AINVILLEA SPECIES CEANOTHUS SPECIES SALVIA &RE&II SALVIA LUECANTHA ALOE ARBORESCENS ROSA BANKSIAE 6ROLINDCOVERS ACACIA REDOLENS MYOPORUM PARVIFOLIUM 'PROSTRATUM' ROSEMARINUS OFFICINALIS 24" BOX 24" BOX 24" BOX 24" BOX 24" BOX I SAL I SAL I SAL I SAL I SAL I S,AL I &M. FLATS I (SAL OPEN SPACE AND STREET RELATED SLOPES o HETEROMELES ARBUTIFOLIA QUERCUS ASRIFOLIA RHUS LANCEA TRISTANIA CONFERTA TURF (onllj) MARATHON III 15 tSAL 15 SAL 15 SAL 15 SAL 5 SAL 5 SAL 5 SAL 5 SAL 5 SAL 5 SAL AS SHOHN AS SHOW AS SHOINN AS SHOWN AS SHOWN 6' O.C. S' O.C. 3' O.C. 6' O.C. 6' O.C. 6' O.C. 6' O.C. I2' O.C. 3' D.C. PITTOSPORUM TOBIRA "WHEELERI" RAPHIOLEPIS INDICA PHORMIUM TENAX SALVIA SRE6II SALVIA LUECANTHA ALOE ARBORESCENS SROUNDCOVER5 ZONE 3 (OCCURINS OUTSIDE OF FIRE PROTECTION ZONES ONLY> SHRUBS CEANOTHUS SPECIES I SAL HETEROMELES ARBUTIFOLIA I SAL RHUS OVATA I SAL RHUS INTESRIFOLIA I sAL SIMMONDSIA CHINENSIS I SAL 6ROUNDCOVER5 BACCHARIS PILULARIS I SAL •MYOPORUM PARVIFOLIUM PROSTRATUM' FLATS VINES g CRIB WALL VITIS CALIFORNICA 'ROSER'S RED' I SAL •NOTE; WILL NOT BE USED IN TEMPORARILY IRRISATED ARE,AS ZONE 4 UNDISTURBED NATIVE VESETATION 4' 0,C, 4' O.C. 4' 0,C. 6' O.C. 6' O.C. 6' O.C. 6' O.C. 6' O.C. 8' O.C. 8' O.C. IN EACH PLANTABLE CELL LANDSCAPE PERCENTA&ES FIRE FROTECTIOH ZCNE LEOEHO AREA CALCULATED TOTAL PROPERTY SIZE - 43.3 AC A. AREA USED FOR NEW DEVELOPMENT (INCLUDINS PADS, ROADS, REPLANTED SLOPES AND REPLANTED BM ZONES; - 15.45 AC RETAINED UNDISTURBED OPEN SPACE -2T.I AC PERCENTA&E 36% 62* B. PERCENT OF TOTAL SITE USED FOR NEW LANDSCAPINS - 4 AC PERCENT OP LANDSCAPE AREA PER ZONE. 1. PAR<WAY AREA 2. ZONE 2 3. ZONE 3 I2»> 3S* SO* PIRg PROTECTION ZONE A- " IRRIAATEP " PIRE RETARDANT PLAKTIN* • NO TREES OR SHRUBS frRCVNCfriy/ER? BA^HARIS PILULARIS MYOPORUM PARVIFOLIUM FR£>STRATUM' SIZE I 6AL FLATS IRRIGATED PIRE RETARDANT PLANTIN* NO TREES OR SHRUBS REMOVAL OF HI*H FUEL SPECIES SPACIN6 4' O.C. I2' O.C. 27.1 ACRES OR 64* DF THE TOTAL SITE ACREASE NOTE: ALL PLANS SHALL COMPLY WITH THE LANDSCAPE MANUAL SLOPE REVESETATION/ERDSION CONTROL REOUIREMENTS PIRg PROTTiCTION ZONE A-3 • IRRIGATED • LOM FUEL PLANrriN* • NATURALIZING TEMPORARY IRRIGATION LOfN FUEL SPECIES eo» SELECTIVE PRWINiS REMOVAL OF HI*H PUEL SPECIES HYDROSEED SPECIFICATIONS I. HYDR(3SEEDIN<& MIXTURES AND RATES OF APPLICATION fIN NON-IRRISATED LOCATIONS, THESE MIXES SHALL BE HYDROSEEDED ONLY DURINS THE PERIOD OF OCT. I THRU JAN. I, OR ESTABLISHED THROUSH AN ALTERNATIVE APPROVED MEANS OF IRRI&ATION) MINIMUM * HYDROSEED MIX "A" POUNDS/ACRE PURITY/SERM. ALYSSUM 'CARPET DF SNOW' 3 18/60 &AZANIA RISENS FIESTA RED' ID HO/bO ALYSSUM 'ROYAL CARPET' 3 18/80 6ROUNDCOVERS SOS BACCHARIS PILULARIS I SAL PARVIFOLIUM T»ROSTRATUM' FLATS CEAN£7THUS SPECIES HETBSOMELES ARBUTIFOLIA RHUS OVATA SIt-MONPSIA CHINENSIS II. HYDROSEEDINS SUSPENSION OR SLURRY COMPOSITION SREEN WOOD MULCH FERTILIZER (16-16-16; AZ-TAC BINDER FERROUS SULFATE OR IRON CHELATE FIRE SUPPRESSION MAINTENANCE PROSRAM 2,250.0 LB./AC. 400.0 LB^AC. I50.0 LByAC. 2.8 SALS./AC. FIRE PROTECTION ZONE A-3 " IRRIGATED • LOW FUEL PLANTING • NATURALIZING • TREES MIN 20' APART NO IRRIGATION 40» SELECTIVE PRUNING . OP HIGH FUEL SPECIES THE FOLLOWINS MEASURES SHALL BE FOLLOWED IN MAINTAININS FIRE PROTECTION LANDSCAPE ZOUES- 2. RESULAR FWNINS SHALL BE RECIUIRED FOR TREES AND LARSE SHRUBS IN ZONES TWO AND THREE TO PROVIDE CLEARANCE EOUAL TO THREE TIMES THE HEISHT OF THE SURROUNDINS UNDERSTORY PLANT MATERIAL OR 6', WHICHEVER IS HI&HER, DEAD AND EXCESSIVELY TWI&SY SROWTH SHALL ALSO. BE REMOVED. 4. RESULAR REMOVAL OF UP TO 60* OF THE VOLUME OF THE 'MODERATE FUEL SPECIES' IS REQUIRED IN ZONE TWO NATIVE SLOPE AREAS. RESULAR REMOVAL OF UP TO 40* OF THE VOLUME OF THE 'MODERATE FUEL SPECIES' IS REQUIRED IN ZONE THREE OF NATIVE SLOPE AREAS. 5. DEBRIS AND TRIMMINSS PRODUCED BY THINNINS SHALL BE REMOVED FROM THE SITE OR SHALL BE CONVERTED TO MULCH AND EVENLY DISPERSED OVER THE AREA TO A MAXIMUM DEPTH OF 4". 6. ALL BUILDINSS SHALL BE SPRINKLERED. BUILDINSS ON LOTS 1,2^4, IO, 20, 21 S 22 MUST COMPLY WITH THE SPECIAL BUILDINS CONSTRUCTION RESULATIONS OF THE URBAN-WILDLAND INTERFACE CODE AND THE CA BUILDINS CODE POR ONE HOUR FIRE RESISTIVE CONSTRUCTION ON THOSE WALLS THAT FACE THE FPZ'S. 8, ALL SLOPES AND FIRE ZONES DN HOME OWNER LOTS SHALL BE MAINTAINED BY THE HOME DWNER. • 'HISH FUEL SPECIES' AND 'MODERATE FUEL SPECIES' AS LISTED IN THE CITY OF CARLSBAD LANDSCAPE MANUAL. MYOPORUM PARVIFOLIUM SHRUBS CEANOTHUS SPECIES HETEROKCLES ARBUTIFOLIA RHUS OVATA SIMMONDSIA CHIKCNSIS HETEROMELES ARBUTIFOLIA OtCRCUS AGRIFOLIA PLATAMJS RACEMOSA RHUS LANCEA I GAL 15 GAL I GAL I GAL 15 GAL IB GAL 15 GAL 15 GAL NOTE; ON SLOPES, SHRUBS TO BE UNDERPLANTED WITH MYOPORUM PARVIFOLIUM PROSTRATUM' FROM FLATS 6 12" O.C. NOTE, APPROVAL OF THE HODIFIED DESISN OF THE FIRE PROTECTION ZONES AND REDUCED WIDTHS OF THE FIRE ZONES, AS SHOWN ^CREON ARE PER THE DECEMBER 15, 200R MEETINS WITH A FIRE DEPARTMENT REPRESENTATIVE. THROUSH THIS MEETINS IT WAS ASRKD THAT ALL BUILDIN*S WILL HAVE FIRE SPRINKLERS, AND THE SPECI/M. CONSTRUCTION RE&ULATIONS OF THE URBAN-WILr>LAND INTERFACE FIRE COOE MILL BE APPLIED TO ALL BUILDINGS -WHICH FACE NATIVE OPEN SPACE. SPECIAL NOTES TO THIS EFFECT ARE INCLUDED HEREON. SEE SHEETS I FOR TITLE SHEET SEE SHEET 2-3 FOR PLANTINS AND FENCINS CONCEPT PLAN SEE SHEET 4 FOR PLANT, FENCE « FIRE PROTECT. LBSENDS SEE SHEET 5 FCJR FENCINe AND CONSTRUCTION DETAILS SEE SHEETS 6-1 FOR WATER CONSERVATION PLAN SEE SHEETS 8-H FOR RECLAIMED WATER PLAN SEE SfCET IO FOR MAI^fTENANCE RESPONSIBILITY EXHIBIT THE PLANTINS CHARACTER AND OVERALL APPEARANCE OF THE LANDSCAPE IS TO BE RURAL IN NATURE. THIS SITE IS DOMINATED BY NATIVE OPEN SPACE AND THE NEW LANDSCAPE PLANTINS SHOULD FIT INTO THIS PALETTE. THE PROPOSED PLANTS ARE TO B£ DROUSHT TOLERANT AND CREATE A RUSTIC AND RURAL APPEARANCE NATIVE PLANTS SHALL BE USED TO THE SREATEST EXTENT FEASIBLE IN THE AREAS ADJACENT TO THE OPEN SPACE AREAS. NO INVASIVE EXOTIC PLANTS/SEEDS SHALL BE INTRODUCED TD THE LANDSCAPE AREAS ADJACENT TO AND/OR NEAR OPEN SPACE AREAS. EXOTIC PLANT SPECIES NOT TO BE USED INCLUDE THOSE SPECIES LISTED ON LIST A « B OF THE CALIFORNIA EXOTIC PEST COUNCIL'S LIST OF EXOTIC PLANTS OF SREATEST ECOLOSICAL CONCERN IN CALIFORNIA A3 OP OCTOBER H<?1. REFER TO FIRE 5KTION5 F,2H AMO F2-2 OITY OF CARLSBAD LAtCSCAPE HAWIAL IPREPARED BY: I wivw.|in|ilaiM(M'eb.c PLANTING, FENCING AND FIRE PROTECTION LEGENDS RANCHO MILAGRO City of Carlsbad, California SHEET 4 OF 10 ^A)CHAIN LINK FEUcW PgTAIL LEftgMP I. INSTALL TO MWA61llRDl'5 (iJPERMAUK OEAHLM AUMIMIM (3)T0P,0F ED6m W BE MAXIMM (•)DeC0in;!B7 6ltAMTE ^ ^uerALW OC0MRA6T 6RA0ed ADJACENT TO TO AVDIP 5EmiN6 ©12" &ysm AUMMJM MAKES TO LfiCKJMTO PREFORMED LOOPS ON NOTES. I. IfBTAL KECCWEWAHON NeUDELIffiS* j)*IrliraHw«I2iHJM STAKES. 4. \b--Or IAB& MJ StTIONS TO M STAKES. £ORtCRS - iFMAY SCORfeR. 6. PERKALOi. CLEAM-DC AS MANUFA07URQ7 BT PERHM^ CORPOtATKM, taoo) sat-<w>o. f6W WMWO &3(nHA6TORS WTTE. P— INOlOEi; cm BME W6W6 UP HALFIiAY P)ALUMINUM EV6\H& VISIT.) .. >PEW-1AUXJ60M PgTAIL Lg&gMP (7)DECCt»0SEP lOkDEiSOMROSeD 6RAMTE SEATttt ©AUMRUM B76IN6 ^ OETNL D TH»9«T (?kDEK>ES - TO BE Sae&TGP BY f7\TRASH RUCEFTAOJE - TO BE '^^SEL££TEO BY DEVELOPR (T^ZOW 9 OAOTIHS (SH SKT. 2 rOR ^TREELCCATOtf (T^ZONE^ PAJWmY f^JWriMS (SCE SEAT! Nts AREA ENLARGEMENT"""" LANPSCAPED ATOAS. CEHTERIIW Cff TRAI. SPLICES T( P. KAILS TO BE SALV. comm HAIS-UAL AS fCOMSP FCK SOUO NftTALLATlON. E- ON nW6 AW? C««9, FOR BOCER BOARDSr^'DEm* WPLACEOf 3X4 stwj.ee use?. r. KCTAa 2" KPe MIICH MA»CIB<AMa AREA OH BOTH StPES OF TRAIL ( OMTT M NATIVE OnNSPAa/AEASil. SS 6RA0(N6(IAH& iSTABALIZEO D6. TRAL. SEE PLAta FOR MOTH. JT» FOOT(29 TOE MULCH '^KWHIEHAttX &W(EXCEPT M NATIVE OI°EN SPACO, OH.Y IH LWSCAPEO AREAS. HO RRMATION HEADS 9H*iLL BE FlACeOH THIS ZONE. LON 0D6.r R LESS MAY EE ALLOrCD. 1 siaMrr SA^TLE TO ortcR P6. a»rA&T TOP COURSE » ACCORDMCE WH CITY OF CARLSBAD K ON SRAMS fiREATGR THAN efe, TRAIL MATERIALS SHAU. RECEVE A TOflOAt APPUCATION OP POLY PAVE TO SATUWTE>i' OSPTH CP D*. AFTER Fim. FWCEKHT OF DJS. "S) STABILIZED DECOMPOSED 6RANITE TRAIL _ *A CCHPACTED NATIVE SOI. (S^SALVMZEP NAILS CHAMV CUT. INSTALL f OC! AND IWC THO aOMlDS ^CET. HAREA OROP» NTH HEADER BOAR 1/4' TOLWANCE, OW,Y IH AREAS HOT ADJA6WT TO WOVC HABfTAT PETAIL l.E(&RNP aPBCIFICAT10»6 I WSTALLATkM '^C^)ARTI0ULATED RETAINING l^ALL PgTAIL LgAgMP C^HCN-RRWATID NATIVE SRA36 -^AdROSTlS PALLOe - SAH plESO BAIK 5RA56 iHfOROSEa?; (^COMPACTED SiefiRADE (^FINISHED SURFACE NOTE: N0rMRRI6ATED 6RASS SHAa EE FIU.Y ESTABLISfEO PRICR TO crrr WICCFTAHCE OF T»C PBO^&T AHD TEMPOBAPrr RRI&vnpH SMAU. BE PROVIPED AS APPROPRIAIE TO PK^VIPE H)BIO-SWALE SECTION PgTAII I F^FNira DEa», S' oc. UKESS OfgS^i HOTB7 PRE-MDLDB? EXP. JJINTJi' RAC ^TOOLED EOfiE. Xf OC. Utfefi I H01B7, CAULK TO MATCH PAVW6 CaC PAVtHS.E»S3S£P (sjAaWEflA-re FWBH. COLOR TO Bt FMSH 6RA0E 1* • TWP, 3' • iSMtLB AREAS fERFLANS SAND BASE DR Afi FQ% _ ,__ THICIoeSS SWLL K DeTWMneD BY SOIS RBWr C<C)C0N0RETE PAVING PgTAIL LgAgMP SHLATED H ©3'Kb' SiMULATBD nOOD MAilERIM. POST RALS Vi/COM"ACTED « 10* ©BtTT JOMTS SCCVra RAH. NTH 3DP 6ALVAMZE0 HALS (DraroRr'^ SUBSRADE PER SOItS (^STMLIZED D» TRAL iCCWCRETE POOnHS.SLCre TOP 'MR^AMAY PROri POST LATBt OF %' CRUaCD ROiX IRETANIHS miL OR AATICULATB7 BLOCK rwe OCORS TERMWAL POST HOLES ON OfC Be USED AT TW WP OP f)42" 3 RAIL COMPOSITE RANCH FENCE mH CHAIN LINK DETAIL LEi&SND 0)SPLIT FACE BLOCK muT "K^BTOironso—Ids: REfER TO FIRE SKTCNS F2-I AIC F.2-2 tnt OP 6ARL5BAO LAtPSCAPE MAWAL. SEE SHEETS I FOR TITLE StCET SEE SHEET 2-3 FOR PLANTINS AND FENCIN& CONCEPT PLAN SEE SHEET 4 FOR PLANT, FENCE < FIRE PROTECT, LESENDS] SEE SHEET 5 FOR FENCINS AND CONSTRUCTION DETAILS SEE SHEETS 6-1 FOR HATER CONSERVATION PLAN SEE SHEETS B-'l FOR RECLAIMED WATER PLAN SEE SHEET IO FOR MAINTENANCE RESPONSIBILITY EXHIBIT «12S$Qfr«nb Valey BM. SUIBO SmOlsgo CaHomia 92121 Tel BSft 558 8977 FaKBH5M91S8 CONCEPTUAL FENCE DETAILS RANCHO MILAGRO City of Carlsbad, California SHEET 5 OF 10 WATER CONSERVATION LESEND SEE SHEETS, I SEE SHEET 2-3 SEE SHEET 4 SEE SfCET 5 SEE SI«ETS 6-1 SEB SHEETS B-^ SEE SI«ET IO FDR TITLE SHEET FOR PLANTINS AND FENCING CONCEPT PLAN FOR PLANT. FENCE < FIRE PROTECT. LESEN FOR FENCINS AND CONSTRICTION DETAILS FOR WATER CONSERVATION PLAN FOR RECLAIMED WATER PLAN FOR MAINTENANCE RESPONSIBILITY EXHIBIT City of Carlsbad, California o SEE SHEETS I FOR TITLE SHEET SEE StCET 2-3 FOR PLANTINS AND FENCINS CONCEPT PLAN SEE SHEET 4 FOR PLANT, FENCE « FIRE PROTECT. LESENDS see SHEET 5 FOR FENCINS AND CONSTRUCTION DETAILS SEE SHEETS 6-1 FOR WATER CONSERVATION PLAN SEE SHEETS 8-« FOR RECLAIMED WATER PLAN SEE SHEET IO FOR MAINTENANCE RESPONSIBILITY EXHIBIT IPREPARED BY: mp I WNW.§mplm4arfit.t CONCEPTUAL WATER CONSERVATION PLANS RANCHO MILAGRO City of Carlsbad, California SHEET 7 OF 10 3 LANDSCAPE IRRIGATION LESEND RECLAIMED WATER SEE SHEETS I FOR TITLE SHEET SEB SHEET 2-3 FOR PLANTINS AND FENCINS CONCEPT PLAN SEE SHEET 4 FOR PLANT, FENCE « FIRE PROTECT. LESENDS SEE SHEET 6 FOR FENCINS AND CONSTRUCTION DETAILS SEE SHEETS 6-1 FOR WATER CONSERVATION PLAN SEE SHEETS 6-<1 FOR RECLAIMED WATER PLAN SEE SHEET IO FOR MAINTENANCE RESPONSIBILITY EXHIBIT City of Carlsbad, California 0^ MAINTENANCE RESPONSIBI LITY LE&ENP - VP 00-0' PRIVATE HOME OWNER MAINTENANCE THE TERRACES AT SUNNY CREE< HOME OWNERS ASSOCIATION/OPEN SPACE MANASER RANCHO MILASRO HOA NOTE: ALL PUBLIC STREETS TO BE MAINTAINED BY THE CITY OF CARLSBAD UNLESS OTHERWISE NOT^D, REFER TO FIRE SECTIONS F.2-1 AND F 2-2 CITY OF 0ARL5BABI LANDSCAiBoMANIJALeoo' SEE SHEETS I FOR TITLE SHEET SEE SHEET 2-S FOR PLANTINS AND FENCINS CONCEPT PLAN SEE SHEET 4 FOR PLANT. FENCE « FIRE PROTECT LESENDS SEE SHEET 5 FOR FENCINS AND CONSTRLCTIDN DETAILS SEE SHEETS 6-1 FOR WATER CONSERVATION PLAN SEE SHEETS S-l FOR RECLAIMED WATER PLAN SEE SHEET IO FOR MAINTENANCE RESPONSIBILITT EXHIBIT I wwnr.gmplandarch.c 4135 Sorrenlo Valey Blvd. Suile D SanOtsgo CaHfomia 92121 Td 858 558 8977 MAINTENANCE RESPONSIBIUTY EXHIBIT RANCHO MILAGRO City of Carlsbad, California SHEET 10 OF 10 O EXHIBIT 6 Planning Commission Minutes February 15,2012 Page 2 PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PLANNING COMMISSION PUBLIC HEARING Chairperson Schumacher asked Mr. Neu to introduce the first item. 1. GPA 06-03/ZC 06-02/CT 06-04/SUP 06-05/HDP 06-01/HMP 09-01 - RANCHO MILAGRO - 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, and Hillside Development Permit; and a request for approval of a Tentative Tract Map, Floodplain Special Use Permit, and Habitat Management Plan Permit for the subdivision and grading of a 43.58-acre site into 25 lots (19 single-family residential and 6 open space) on property generally located approximately one half-mile northeast of the intersection of College Boulevard and El Camino Real, in the Sunny Creek Specific Plan Area (SP 191) and Local Facilities Management Zone 15. Mr. Neu introduced Agenda Item 1 and stated Associate Planner Jason Goff would make the staff presentation assisted by Associate Engineer Jeremy Riddle. Chairperson Schumacher opened the public hearing on Agenda Item 1. Mr. Goff gave a detailed presentation and stated he would be available to answer any questions. Chairperson Schumacher asked if there were any questions of Staff. Commissioner Black stated he is concerned with the traffic on College Boulevard and asked how many traffic lights will be installed and the proposed speed limit. Jeremy Riddle, Associate Engineer, stated the road is designed for a speed limit of 50 mph. There is a traffic signal at the intersection Cannon Road and College Boulevard, and there will be traffic signals at "Street C" and College Boulevard and "Street A" and College Boulevard. Commissioner Siekmann asked how this project will be affected by the recent revisions to the Landscape Manual. Mr. Goff stated this project was reviewed under the current landscape manual and was found to be consistent. Most likely the landscape plans for this project will be reviewed under the new Landscape Manual and will need to comply with the water efficiency standards. Commissioner Siekmann asked about the wall which is along the 18 foot slope and is adjacent to the open space. Mr. Goff stated the landscape plans show a wood split rail fence backed with chain link fence along the retaining wall. Commissioner L'Heureux asked about the retaining walls for the project. Mr. Goff stated there are several retaining walls throughout the project. Commissioner L'Heureux stated he is concerned with the potential for the large 18 foot tall retaining wall being an eyesore. Mr. Goff stated the wall will not be visible from any of the public rights-of-way and it will be a plantable wall with a naturalized look and earthtone colors. Commissioner Scully inquired about the height and the access for the gates proposed for the open space areas. Mr. Goff stated there is an added condition on the project that there will be a 6 foot high gate to preclude the trespass of people going into the open space as well as to keep any wildlife from attempting to cross the road. The city's Utilities and Fire Departments along with the habitat preserve entity will have access. Commissioner Nygaard asked if the community will be gated. Mr. Goff stated no. Commissioner Arnold asked if "Street A" will be the only access to the project. Mr. Goff stated yes. Commissioner Arnold asked if there is a timetable for development to begin if the project is approved. Mr. Goff stated no. Planning Commission Minutes February 15,2012 Page 3 Chairperson Schumacher asked about the drainage from the nearby Dos Colinas project and if there will be any impacts on this project. Mr. Riddle stated there will not be any drainage impacts as there is no connection between those projects. Chairperson Schumacher asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Jack Henthorn, Jack Henthorn and Associates, PO Box 237, Carlsbad, gave a brief presentation and stated he would be available to answer any questions. Chairperson Schumacher asked if there were any questions of the applicant. Seeing none. Chairperson Schumacher asked if there any were members of the audience who wished to speak on Agenda Item 1. Diane Nygaard, 5020 Nighthawk, Oceanside, representing Preserve Calavera stated initially they had a number concerns regarding the project; however after working with the developer the issues have been resolved except for the height of wildlife undercrossing. She requested that the undercrossing be at least 8 feet high. She also suggested the City should work on the standards for wildlife undercrossings. Commissioner L'Heureux asked where the undercrossing is for this project. Mr. Goff indicated the location on the slide. Commissioner Arnold asked if the City uses a consulting biologist for wildlife issues. Ms. Nygaard stated there is a consulting biologist that prepares guidelines for specific projects. Karen Merrill, 3681 Seaflower Lane, Oceanside, leader of the Preserve Calavera tracking team, requested that the wildlife undercrossing be increased to 8 feet high as most deer in the area are at least 5 feet. She stated an undercrossing that is only 5 feet high will be inadequate. Commissioner Scully asked how many documented deer are in the area. Ms. Merrill estimated there are about 4 or 5 deer. Chairperson Schumacher asked if there were any other members of the audience who wished to speak on the item. Seeing none, he asked if the applicant wished to address the issues raised during public testimony. Mr. Henthorn commented there was an opportunity to work with the wildlife interests to develop a solution to the issue and he took advantage of it. He asked that the Commission take the action as recommended by Staff. Chairperson Schumacher asked if there were any questions of the applicant. Commissioner Siekmann asked if the fencing is set up to guide the wildlife to the undercrossing. Mr. Henthorn stated that fencing will be provided to eliminate the potential of wildlife getting around the opening. The top of the undercrossing will be fenced. Commissioner Nygaard asked about the height of the undercrossing. Mr. Henthorn stated it is currently designed at 5 feet; however a commitment cannot be made but the culvert could possibly be built to be 7 or 8 feet. He stated he is committed to building it to be a minimum of 5 feet high. Commissioner Scully asked at what point the topographic information will available to make the determination of the height of the undercrossing. Mr. Henthorn stated it will be available prior to the final map. Commissioner Scully asked if there will be any notice or correspondence of keeping the commission apprised of the construction. Mr. Henthorn stated he will make sure Preserve Calavera is notified. He further stated he will do everything he can to make the crossings as tall possible. Don Neu, City Planner, referred the Commission to Condition No. 41 of Resolution No. 6863. The condition refers to the final design of the height of the undercrossing subject to the review by Planning and Engineering staff. Planning Commission Minutes February 15,2012 Page 4 Chairperson Schumacher asked if the standard width for the wildlife undercrossing is 12 feet. Mr. Neu stated yes. Commissioner Siekmann asked about the soft bottom of the culvert and if it can fill up over the years. Mr. Henthorn stated a maintenance road is kept in the area because the sizing of the culvert has to do with the drainage. It will be necessary to remove debris from the culvert, and there will be an ongoing effort to maintain the bottom of the culvert. Commissioner L'Heureux asked who will be responsible for maintaining the culvert. Staff responded that the culvert will be maintained by the City. Chairperson Schumacher closed the public testimony. Chairperson Schumacher asked if there were any further questions of Staff. Seeing none, he asked Staff to respond to those issues raised during public testimony. Chairperson Schumacher asked if there were any further questions of Staff. Commissioner L'Heureux asked about the barrier or gate at "Street X" and its terminus at the Mandana property. Mr. Goff stated it will be a wood barrier with a posted sign as well as a gate. Commissioner L'Heureux asked what the sign will say. Mr. Riddle stated the typical text on those signs is "Future Street Extension." Commissioner L'Heureux asked if the City ever goes out to maintain those signs. Mr. Riddle stated it would be the City that maintains those signs. Commissioner Nygaard asked about the construction of College Boulevard and if this will help move that project forward. Mr. Riddle explained that all the developers have to work together to create a financing plan which would be approved by City Council. Each project in Zone 15 has been conditioned to provide security for the construction of College Boulevard. Since the improvements are a condition of development, the schedule for construction is developer driven. Commissioner L'Heureux asked how much of "Street A" would have to be built if construction started from the south to the north, Mr. Riddle responded that while there are provisions for phasing, they are limited by the Fire Code and city standards and no specific proposal for phasing has been proposed or approved. DISCUSSION Commissioner Nygaard thanked Staff for their diligence with this project. She also thanked the applicant. Preserve Calavera and wildlife agencies for working together. Commissioner Nygaard stated she can support the project. Commissioner L'Heureux stated that he is concerned that the project has only one way in and one way out until the adjacent projects develop. He stated he can support the project. Commissioner Arnold thanked Preserve Calavera for their efforts throughout the City. He stated this is a wonderful project and that he can support it. Commissioner Black stated he can also support the project. Commissioner Scully stated her concurrence with her fellow Commissioners. She stated she is happy that there will be a great deal of open space, and she can support the project. Commissioner Siekmann stated it is refreshing to have an applicant that is willing to work with Staff and the wildlife agencies. She also stated she can support the project. Chairperson Schumacher also thanked Staff for their hard work and effort on this project as well as the applicant. He also stated he can support the project. <PI3 Planning Commission Minutes February 15,2012 Page 5 MOTION ACTION: Motion by Commissioner Siekmann, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6860, recommending adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum; adopt Planning Commission Resolutions No. 6861, 6862, and 6865, recommending approval of a General Plan Amendment (GPA 06-03), Zone Change (ZC 06-02), and Hillside Development Permit (HDP 06- 01); and ADOPT Planning Commission Resolutions No. 6863, 6864, and 6866, APPROVING a Tentative Tract Map (CT 06-04), Floodplain Special Use Permit (SUP 06-05), and Habitat Management Plan Permit (HMP 09-01), based on the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson Schumacher, Commissioner Arnold, Commissioner Black, Commissioner L'Heureux, Commissioner Nygaard, Commissioner Scully and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Schumacher closed the public hearing on Agenda Item 1 and thanked Staff for their presentation. COMMISSION COMMENTS Commissioner L'Heureux inquired about the potential for residential on the Westfield site. Mr. Neu stated that currently work with Westfield is focused on the eastern end. This will be a multi-phase project and residential would not be included in phase 1; however there will be an opportunity for residential on the western end in later phases. CITY PLANNER COMMENTS Mr. Neu commented that the Commission received a copy of a letter and FAQs regarding a potential apartment complex in Bressi Ranch. The document has been mailed to all of the residents of Bressi Ranch and is also posted on the City's website. Mr. Neu reminded the Commission that there will not be any Planning Commission meetings in March. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting ofthe Planning Commission of February 15, 2012, was adjourned at 7:06 p.m. DON NEU City Planner Bridget Desmarais Minutes Clerk •eserve Galayera Coastal NaiUi Sm I>i^?Cairnty AfMdtltMliJ^ For the memben of tht: aTYGOUNCIL March 26, 2012 Honorable Mayor and City Council City of Carlsbad 1200 CBV Dr Carlsbad, CA Honorable Mayor and City Council: Subject: Rancho Milagro I am sure you agree that designing projects for our natural environment is just as important as designing for the built environment. Initially we had a number of concerns about the impacts of the Rancho Milagro project on our natural environment. But we very much appreciate the developer's s willingness to work with us and resolve these issues. There is only one area that has not been fully addressed yet- and that is the height of the wildlife undercrossing. The developer has agreed they will work to achieve as close to the full 8' height that is desired. We assume that they are honorable people and will keep their word. But we also would like a commitment from city staff that they will work to improve both this undercrossing- but more importantly the city standards for undercrossings. We all need to do a better job of designing wildlife undercrossings. The WLA's and city need better standards- and developers need to pay more attention to this in their design. We will continue to work with the Wildlife Agencies and city staff to achieve that. This is particularly important in areas like this where deer have now returned to our natural lands. A collision with a deer is never good for the deer, but can cause serious damage and injury to autos and their occupants also. We need better design and monitoring- and we can co-exist with our local wildlife - in a way that enriches all of our lives. We appreciate this developer's willingness to modify their project to address this important issue. Sincerely, Diane Nygaard On Behalf of Preserve Calavera 5020 Nighthawk Way - Oceanside, CA www .preservecalavera. org Nonprofit 501(c)3 ID#33-0955504 9i; Date: ^S^j//^ DittribirtibiK City Clerk Aest. City Clerk Deputy Clerk Book PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego Proof of Publication of 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: March 17*, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. NlfflCE OF PUBUC HiAR^ ^H^l^^ IB MPI^^^®'^^'^ *° yo*^' because your interest may be h^=>rin^ ^'^y °' Ci^y 0' Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad Cal- MS.H M °°*? '^n°"7"^-"^^y' '^^'•^^ 27, 2012, to consider adoptbn of a Mitigated Negative Declaration and Mitigation Monitoring and Reportinq Pro-gram and Addendum and approval of a General Plan Amendment Zone nil; f"*^ "^'"u If Development Permit on property generally located ap-proxmately one half-mile northeast of the intersection of College Boulevard I" . J Camino Real, in the Sunny Creek Specific Plan Area (SP 191) and Local Facilities Management Zone 15 and more particularly described as: u^^y^nl'J",^?^! °' 9i"^^o^'' ^^-O^ according to map thereof No. 11242 Wed in the office of the County Recorder of San Diego County on Oc- Calffornfa ISd °' Carlsbad, County of San Diego State of "K" street Remainder Parcels of Carlsbad Tract 00-18 Whereas, on February 15, 2012 the City of Carlsbad Planning Commission voted 7-0 to recommend adoption of a Mitigated Negative Declaration and Mit-igation Monitonng and Reporting Program and Addendum; recommend approval of a General Plan Amendment, Zone Change, and Hillside Develop-ment Permit; and to approve a Tentative Tract Map, Floodplain Special Use Perniit, and Habitat Management Plan Permit for the subdivision and qradina of a 43.58-acre site irtto 25 lots (19 single-family residential and 6 open space) on property generally located approximately one half-mile northeast of the in-tersection of College Boulevard and El Camino Real, in the Sunny Creek Specific Plan Area (SP 191) and Local Facilities Management Zone 15. 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 March 23, 2012. If you have any questions, please contact Jason Gott in the Planning Division at 760-602-4643 or iason.qoff ©carlsbadca.aov. If you challenge the General Plan Amendment, Zone Change and/or Hillside Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 06-03/ZC 06-02/HDP 06-01 CASE NAME: RANCHO MILAGRO CITY OF CARLSBAD CITY COUNCIL PUBLISH: March 17, 2012 net 2311733 Dated at Escondido, California On this 19*^ day Marc^ Jane Allshouse NORTH COUNTY TIMES Legal Advertising Easy Peel Labels Use Avery® TEtVIPUTE 5160® J^Feed Paper See Instruction Sheet j for Easy Peel Feature i CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 iAVBRY®5i60® ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 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 SANDIEGO CA 92182-4505 STATE OF CALIFORNIA DEPT OF FISH AND GAME 3883 RUFFIN ROAD SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKYPARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 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 ATTN TONI ROSS STE 103 7575 METROPOLITAN DR SANDIEGO CA 92108-4402 AIRPORT LAND USE COMMISSION SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 JACK HENTHORN PO BOX 237 CARLSBAD CA 92018 HAGAMAN FAMILY SURVIVORS TRUST 1999 5320 SUNNY CREEK RD CARLSBAD CA 92010 DIANE NYGAARD PRESERVE CALAVERA 5020 NIGHTHAWK WY OCEANSIDE CA 92056 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER MICHAEL MCSWEENEY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes faciles k peler Utilisez le aabarit AVERY® 5160® Sens de chargement Consultez la feullle d'instructlon www.avery.com 1-800-GO-AVERY AM3AV-OD-008-I. 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siaqei ®|aad Aseg I AM3AV-O9-008-1 I ulOI^'AjdAe'AAAAM [ 3„dn-dod pJoqaj aj jaiaA^j iuamaBjeqa [ ap ujjB ajni]3Bq B| f zandan Dw09l8/®091S ®AVi3AV )ueqe6 a| zasjipn jaiad ^ sd|pe^ sauanbil^ SHANNON K WHEATLEY 5486 WOLVERINE TER CARLSBAD, CA 92010-7159 DONALD H Sc KERRY HALLAS 5478 WOLVERINE TER CARLSBAD, CA 92010-7159 DO-HUYNH 5474 WOLVERINE TER CARLSBAD, CA 92010-7159 ANDREW T Sc AMEE CRAMOND CHRISTOPHER M Sc JULIE FULLER BRYAN T Sc ELIZABETH GRAVES 5470 WOLVERINE TER CARLSBAD, CA 92010-7159 5466 WOLVERINE TER CARLSBAD, CA 92010-7159 5460 WOLVERINE TER CARLSBAD, CA 92010-7159 THERESA A DEROO KYLE Sc CARRIE HANSEN LEO NOVIELLO 5456 WOLVERINE TER CARLSBAD, CA 92010-7159 5452 WOLVERINE TER CARLSBAD, CA 92010-7159 5448 WOLVERINE TER CARLSBAD, CA 92010-7159 JAY WARD TERRACES AT SUNNY CREEK L L C SUSAN M DEAN 5444 WOLVERINE TER CARLSBAD, CA 92010-7159 2006 PALOMAR AIRPORT RD 113 CARLSBAD, CA 92011-4419 1405 OCEAN CREST AVE CARLSBAD, CA 92011-2644 DEFOREST-MEHAN STANLEY Sc ELEANOR THOMAS SALK OWNERS ASSOCIATON 7437 MAGELLAN ST CARLSBAD, CA 92011-5412 1574 MARITIME DR CARLSBAD, CA 92011-4032 1049 CAMINO DEL MAR I DEL MAR, CA 92014-2652 CHAI CHOW DWIGHT Sc DAWN VALLELY RANDAL B HOPWOOD PO BOX 963 CARLSBAD, CA 92018-0963 PO BOX 1548 CARLSBAD, CA 92018-1548 PO BOX 2303 83 ENCINITAS, CA 92 023-03 83 SHAWN BENGTSON MARTIN E GOLD ATTILA Sc KATHY SZABO PO BOX 231694 ENCINITAS, CA 92023-1694 267 SEA VIEW CT ENCINITAS,, CA.;92 024 1230 CALLE CHRISTOPHER ENCINITAS, CA 92024-5517 LEVY GOLD CARLSBAD GATEWAY CENTER L L ( 129 JUPITER ST E ENCINITAS, CA 92024-1455 267 SEA VIEW CT ENCINITAS, CA 92024-7718 PO BOX 256 LA JOLLA, CA 92038-0256 KEVIN D Sc MONICA LYON TERRACES AT SUNNY CREEK L L C JOSEPH M LAUER PO BOX 462426 ESCONDIDO, CA 92046-2426 PO BOX 1310 OCEANSIDE, CA 92051-1310 3910 GENINE DR OCEANSIDE, CA 92056-4330 LYALL ENTERPRISES INC MCCRIGHT Sc'j BYTOMSKI FAMILY HOLMES DYNASTY L P 15529 HIGHWAY 76 PAUMA VALLEY, CA 92061-9547 T !m0i^Z9(i)AUaAV 13917 SAGEWOOD DR POWAY, CA 92064-1405 ^ wia6p3 dn-dod asodxa I Ol au!| Buo|B puag PO BOX 1683 RANCHO SANTA CA 92067-1683 jaded paai \ wi0918/®091S a*B|duiai <g>AjaAV asn • I siaqei ^|aad Aseg Rancho MilagroGPA 06‐03/ZC 06‐02/HDP 06‐01 Location MapSUNNY CREEK RDCOLLEGE BLEL CAMINO REALFOXTAIL LPCOYOTE CTPALMER WYBADGER LNFERMI CTCOUGAR DR43.58 AC SUNNY CREEK RDCOLLEGE BLFOXTAIL LPEL CAMINO REALCOYOTE CTPALMER WYBADGER LNFERMI CTWOLVERINE TERRACE0400200FeetGPA 06-03 / ZC 06-02 / CT 06-04SUP 06-05 / HDP 06-01 / HMP 09-01Rancho Milagro General PlanAmendmentExistingProposed ZoneChangeProposedExisting Planning Commission Action• On February 15, 2012 – Planning Commission conducted a public hearing for the Rancho Milagroproject.• Two members from Preserve Calavera spoke.• Planning Commission voted 7-0 to recommend adoption of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and Addendum; and approval of a General Plan Amendment, Zone Change, and Hillside Development Permit.8 RecommendationCity Council introduce Ordinance CS-177:• ZC 06-02 City Council adopt Resolution 2012-076:• Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and Addendum• GPA 06-03• HDP 06-01