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HomeMy WebLinkAbout2014-07-22; City Council; 21703; Approving ZA 12-04 GPA 13-01 LCPA 12-04 SDP 00-06C CUP 00-06C CDP 00-09C HMP 13-02 for Construction Daybreak Community Church Poinsettia Lane, Ambrosia Lane, Fisherman DriveCITY OF CARLSBAD - AGENDA BILL 21 Introduction of Ordinance Approving Zone Change ZC 12-04, Adoption of Resolution Adopting a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum and Approving General Pian Amendment GPA 13-01, Local Coastal Program Amendment LCPA 12-04, Site Development Plan Amendment SDP 00- 06(C), Conditional Use Permit Amendment CUP 00-06(C), Coastal Development Permit Amendment CDP 00-09(C), and Habitat Management Plan Permit HMP 13-02 for the purpose of constructing a new sanctuary and expanding the parking lot at the Daybreak Community Church, comprising two properties, which are bounded by Poinsettia Lane to the north. Ambrosia Lane to the east and Fisherman Drive to the west DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council hold a public hearing and introduce Ordinance No. CS-260 approving Zone Change No. ZC 12-04, and adopt Resolution No. ?014-194 . adopting a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum and approving a General Plan Amendment No. GPA 13-01, Local Coastal Program Amendment No. LCPA 12-04, Site Development Plan Amendment No. SDP 00-06(C), Conditional Use Permit Amendment No. CUP 00-06(C), Coastal Development Permit Amendment No. CDP 00-09(C), and Habitat Management Plan Permit No. HMP 13- 02 to allow for an expansion to the existing Daybreak Community Church campus, including the addition of an 17,391 square foot, 30-foot-tall sanctuary and the construction of an additional parking lot on a 11.3-acre site, comprising two properties, which are bounded by Poinsettia Lane to the north, Ambrosia Lane to the east and Fisherman Drive to the west, within the Mello 1 and Mello 11 segments ofthe Local Coastal Program and Local Facilities Management Zones 19 and 20. DEPARTMENT CONTACT: Shannon Wernelce, 760-602-4621, shannon.werneke@caHsbadca.gov FOR CITY CLERKS USE ONLY. -Ar COUNCIL ACTION: APPROVED -Ar CONTINUED TO DATE SPECIFIC • DENIED • CONTINUEDTO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 ITEM EXPLANATION: Project Application(s) Administrative Approvals Planning Commission City Council GPA 13-01 RA X ZC 12-04 RA X LCPA 12-04 RA / SDP 00-06(C) RA X CUP 00-06(C) RA X CDP 00-09(C) RA X HMP 13-02 RA X RA = Recommended Approval X = Final City decision-making authority ^ = requires Coastal Commission approval On June 4, 2014, the Planning Commission recommended approval (4-1-1; Scully opposed; L'Heureux absent; one seat vacant) ofthe proposal by Daybreak Community Church to add a 1,010-seat sanctuary and to expand the parking lot on the vacant lot to the west. Discussion at the Planning Commission primarily focused on traffic impacts that the proposed sanctuary may have on the surrounding residential community, a staff-proposed condition to prohibit the church from allowing overflow parking onsite for offsite events, and the type of fencing around the proposed habitat preserve. A majority of the Planning Commission commented that the proposed condition to prohibit parking onsite for offsite events was unreasonable and the church should be allowed to provide this service during events which do not conflict with the primary operation hours ofthe church (i.e., Sundays). In addition, the Planning Commission indicated that the type of fencing around the habitat preserve, particularly the area adjacent to Ambrosia Lane, should complement the Aviara community. Mr. Gary Webb, Executive Pastor for Daybreak Church, indicated his support for the elimination ofthe condition as he would like to occasionally offer the parking service to the community. He also indicated that the expansion ofthe parking lot should alleviate the community's concerns with respect to traffic generated by church service on Sundays. Mr. Richard Russell, owner of residential property to the south, spoke in opposition ofthe project and expressed concerns regarding traffic impacts associated with the new sanctuary. Ms. De'Ann Weimer, president of Friends of Aviara, also spoke in opposition of the project due to traffic concerns. The Planning Commission ultimately recommended approval of the project with the requirement that Condition No. 25 of Planning Commission Resolution No. 7058 be deleted and Condition No. 8 of Planning Commission Resolution No. 7059 be modified to allow for flexibility in fencing materials around the habitat preserve along public rights-of-way. Planning Commission Resolutions No. 7058 and 7059 have been accordingly revised to address these changes. The approving resolutions, along with the Planning Commission staff report and the draft minutes of the June 4th Planning Commission meeting are attached for the Council's review. Subsequent to the Planning Commission hearing, city staff was copied on a letter (dated June 13, 2014) addressed to Daybreak Church from Epsten Grinnell & Howell, a law firm representing the Aviara Premier Collection Association. The letter indicates that the proposed improvements to the Daybreak 2 Poge3 property require approval from the Aviara Premier Collection Association. While the letter is attached for reference (Exhibit 7), the city does not enforce CC&Rs as the document is a private agreement between the Association and the homeowners ofthe Aviara community. FISCAL IMPACT: All public infrastructure required for this project will be funded and/or constructed by the developer. No fiscal impacts to the city have been identified. ENVIRONMENTAL IMPACT: Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff 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 Aesthetics, Agricultural and Forestry Resources, Biological Resources, and Noise. Mitigation measures were incorporated into the design ofthe 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. A Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper and the requisite 30-day public review period for the MND occurred from March 12, 2014 to April 10, 2014. A letter from the San Luis Rey Band of Mission Indians was received on April 10, 2014 requesting the addition of Cultural Resources Mitigation Measures as it pertains to Native American involvement in the grading activities. Consequently, an addendum has been prepared in accordance with Section 15164 of CEQA to add Cultural Resources Mitigation Measure No. Cultural-1. This revision has no new significant environmental effects and none ofthe circumstances requiring recirculation or a subsequent Mitigated Negative Declaration under CEQA Guidelines Section 15162 exist. A Notice of Determination will be filed by the City Planner upon final project approval. EXHIBITS: 1. City Council Ordinance No. CS-260 2. City Council Resolution No. 9014-104 3. Location Map 4. Planning Commission Resolutions No. 7055, 7056, 7057, 7058, and 7059 5. Planning Commission Staff Report dated June 4, 2014 6. Planning Commission Minutes dated June 4, 2014 7. Letter to Daybreak Church from Epsten Grinnell & Howell, dated June 13, 2014. EXHIBIT 1 ORDINANCE NO. CS-260 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 2 CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE FROM LIMITED CONTROL (L-C) TO ONE- 4 FAMILY RESIDENTIAL (R-l) AND OPEN SPACE (OS) ON A 4.53-ACRE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF FISHERMAN DRIVE AND POINSETTIA LANE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 7 CASE NAME: DAYBREAK COMMUNITY CHURCH CASE NO.: ZC 12-04 3 8 9 10 The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the City Council did on the 22nd day pf J"'y. 2014 ^old a duly 11 noticed 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 12-04 - DAYBREAK COMMUNITY CHURCH," dated June 4, 2014, attached hereto and made a part hereof; and WHEREAS at said public hearing, upon hearing and considering all testimony and 13 14 15 16 Ij arguments, if any, of all persons desiring to be heard, said City Council considered all factors 18 relating to the "ZC 12-04 - DAYBREAK COMMUNITY CHURCH." NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I: That section 21.05.030 of the Carlsbad Municipal Code, being the zoning map. Is amended as shown on the map marked "ZC 12-04 - DAYBREAK COMMUNITY 19 20 21 22 23 24 CHURCH," dated June 4, 2014, attached hereto and made a part hereof. 25 SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7056 shall also constitute the findings and conditions of 26 27 the City Council. 28 ] ^ 1 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days 2 after its adoption, but not until Local Coastal Program Amendment LCPA 12-04 is approved by 3 4 5 6 7 ordinance shalt not be effective within the City's Coastal Zone until approved by the Catifornia 8 Coastal Commission.) ^ INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 22nd day of July 2014, and thereafter. 17 18 19 20 23 24 25 26 27 28 the California Coastal Commission, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this 10 11 12 13 14 /// /// /// 15 /// 16 /// /// /// /// 21 /// 22 /// /// /// /// /// -2- 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the day of 2014, by the following vote, to wit: 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 AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY CEUA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk (SEAL) 28 , if Exhibit "ZC 12-04" June 4, 2014 ZC 12-04 Daybreak Community Church R-1-Q P-C R-1 OS R-1-Q P-C ..i \, lii,;...;. !^NDRrCR EXISTING R-1-Q OS POINSETTIA LN P-C NEW 'OS R-1-Q P-C '^NDRI CR LU: PROPOSED Related Case File No(s): GPA 13-01/LCPA 12-04/ SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 Zoning Designation Changes Property From: To: A. 215-080-04 L-C R-1/OS B. C. 7 EXHIBIT 2 1 4 7 14 17 18 19 20 21 RESOLUTION NO. 2014-194 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION, ^ MITIGATION MONITORING AND REPORTING PROGRAM AND ADDENDUM, APPROVING AN AMENDMENT TO THE LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT 5 OF THE GENERAL PLAN TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM) 6 TO RLM AND OPEN SPACE (OS), APPROVING AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO BRING THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL 8 PLAN, AND ZONING MAP INTO CONFORMANCE, ON A 4.53-ACRE SITE WHICH IS LOCATED ON THE SOUTHEAST CORNER OF 9 FISHERMAN DRIVE AND POINSETTIA LANE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM, AND APPROVING A 1^ SITE DEVELOPMENT PLAN AMENDMENT, CONDITIONAL USE PERMIT AMENDMENT, A COASTAL DEVELOPMENT PERMIT AMENDMENT AND A HABITAT MANAGEMENT PLAN PERMIT TO 12 ALLOW FOR AN EXPANSION TO THE EXISTING DAYBREAK COMMUNITY CHURCH CAMPUS, INCLUDING THE ADDITION OF A 13 17,391 SQUARE FOOT 30-FOOT-TALL SANCTUARY AND THE CONSTRUCTION OF AN ADDITIONAL PARKING LOT ON A 11.3- ACRE SITE, COMPRISING TWO PROPERTIES, WHICH ARE BOUNDED 15 BY POINSETTIA LANE TO THE NORTH, AMBROSIA LANE TO EAST AND FISHERMAN DRIVE TO THE WEST WITHIN THE MELLO I AND 16 MELLO II SEGMENTS OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONES 19 AND 20. CASE NAME: DAYBREAK COMMUNITY CHURCH CASE NO.: GPA 13-01/LCPA 12-04/SDP 00-06(C)/ CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 22 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 23 Commission did, on June 4, 2014, hold a duly noticed public hearing as prescribed by law to consider a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, General Plan Amendment 13-01, according to Exhibit "GPA 13-01" attached to Planning Commission Resolution No. 7056, Local Coastal Program Amendment LCPA 12-04, Site 24 25 26 27 28 Development Plan Amendment SDP 00-06(C), Conditional Use Permit Amendment CUP OO 1 06(C), Coastal Development Permit Amendment CDP 00-09(C), and Habitat Management Plan 2 Permit HMP 13-02 according to Exhibits "A-S" dated June 4, 2014; and WHEREAS, the City Council of the City of Carlsbad, on the 22nd day of July 2014, held a duly noticed public hearing to consider said Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, General Plan 7 Amendment, Local Coastal Program Amendment, Site Development Plan Amendment, 8 Conditional Use Permit Amendment, Coastal Development Permit Amendment and Habitat 9 Management Plan Permit; and 10 WHEREAS, at said public hearing, upon hearing and considering all testimony and 11 arguments, if any, of all persons desiring to be heard, the City Council considered all factors 12 j2 relating to the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program 14 and Addendum, General Plan Amendment, Local Coastal Program Amendment, Site 15 Development Plan Amendment, Conditional Use Permit Amendment, Coastal Development Permit Amendment and Habitat Management Plan Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 16 17 18 19 20 23 21 2. That the application for a General Plan Amendment (GPA 13-01) to the amend the Land Use Element and the Open Space and Conservation Element of the General 22 Plan to change the General Plan Land Use designation from Residential Low-Medium Density (RLM) to RLM and Open Space (OS), as shown in Planning Commission Resolution No. 7056, is hereby accepted and approved and shall not be effective until LCPA 12-04 is approved by the 24 California Coastal Commission and the California Coastal Commission's approval becomes effective, that the findings and conditions of the Planning Commission contained in Planning 25 Commission Resolution No. 7056, on file with the City Clerk, are incorporated herein by reference, and are the findings and conditions ofthe City Council. 26 27 28 -2- 1 3. That the approval of LCPA 12-04 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's 2 approval becomes effective. 3 4. That the approval of General Plan Amendment GPA 13-01 shall not 4 become effective until LCPA 12-04 is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 5 5. That the recommendation of the Planning Commission for the adoption ^ of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and 7 Addendum, and approval of the General Plan Amendment (GPA 13-01), Local Coastal Program Amendment (LCPA 12-04), Site Development Plan Amendment (SDP 00-06(C)), Conditional Use 8 Permit Amendment (CUP 00-06(C)), Coastal Development Permit Amendment (CDP 00-09(C)), and Habitat Management Plan Permit (HMP 13-02) are adopted and approved, and that the ^ findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 7055, 7056, 7057, 7058, and 7059, respectively, on file with the City Clerk, are incorporated herein by reference, and are the findings and conditions ofthe City Council. 10 11 12 13 16 19 20 23 24 25 26 27 28 "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of 14 Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on 15 which this decision becomes final; however, if within ten days after the decision becomes final a 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 17 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 18 request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. /// 21 /// 22 /// /// /// /// /// -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 22nd day of July 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. ^^^^ MATT HALL, Mayor ATTEST: BARBARA ENGLESON ^ty Cl erk •z o ;4 EXHIBITS \ > L / %V—.^^/>f It .-Jrr— -A \\ ft \ \ I N NOT TO SCALE SITE MAP Daybreak Comnnunity Church GPA 13-01 / ZC 12-04 /LCPA 12-04 / SDP 00-06(C) CUP 00-06(C) / CDP 00-09(C) / HMP 13-02 EXHIBIT 4 7 8 9 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 7055 1 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING 4 PROGRAM AND ADDENDUM, TO ALLOW FOR AN EXPANSION TO THE EXISTING DAYBREAK COMMUNITY CHURCH CAMPUS, INCLUDING THE 5 ADDITION OF A 17,391 SQUARE FOOT, 30-FOOT-TALL SANCTUARY AND THE CONSTRUCTION OF AN ADDITIONAL PARKING LOT ON A 11.3-ACRE ^ SITE, COMPRISING TWO PROPERTIES, WHICH ARE BOUNDED BY POINSETTIA LANE TO THE NORTH, AMBROSIA LANE TO THE EAST AND FISHERMAN DRIVE TO THE WEST, WITHIN THE MELLO I AND MELLO 11 SEGMENTS OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONES 19 AND 20. CASE NAME: DAYBREAK COMMUNITY CHURCH CASE NO.: GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/ CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 11 WHEREAS, Daybreak Community Church of Coastal North County, "Owner/Developer," 12 has filed a verified application with the City of Carlsbad regarding property described as 13 Eastern Parcel. APN 215-841-07 Lot 8 of City of Carlsbad Tract No. 92-3, in the City of Carlsbad, County 14 of San Dlego, State of California, according to Map thereof No. 13434, filed in the Office of the County Recorder of San Dlego County, June 15 23,1997 1^ Western Parcel. APN 215-080-04 East Vl of the northeast quarter of the southwest quarter of the southeast quarter of Section 22, Township 12 South, Range 4 West San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, as shown on Record of Survey 17470 ("the Property"); and WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum were prepared in conjunction with said project; and WHEREAS, the Planning Commission did on June 4, 2014, 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 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 Declaration and Mitigation Monitoring and Reporting Program and Addendum. 21 22 23 24 25 26 27 28 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 4 hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit "MND," according to Exhibits 5 "Notice of Intent (NOI)," and "Environmental Impact Assessment Form - Initial Study (EIA)," and Addendum, Exhibit "ADDM" attached hereto and made a part hereof, based ^ on the following findings: Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: 7 8 9 it has reviewed, analyzed, and considered the Mitigated Negative Declaration and IQ Mitigation Monitoring and Reporting Program and Addendum for DAYBREAK COMMUNITY CHURCH- GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00- 11 06(C)/CDP 00-09(C)/HMP 13-02, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; 12 and 13 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum has been prepared in accordance with requirements of the California 14 Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 15 16 17 18 19 it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 2. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to 2Q mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 7055 -2- 1 2 3 4 5 6 7 8 9 13 PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission of the City of Carlsbad, California, held on June 4, 2014, by the following vote, to wit: AYES: Chairperson Black, Commissioners Anderson, Segall and Siekmann NOES: Commissioner Scully ABSENT: Commissioner L'Heureux ABSTAIN: ruJ ^.^^t.^ IQ NEIL BLACK, Chairperson CARLSBAD PLANNING COMMISSION 11 12 ATTEST: L2i 14 DON NEU City Planner 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7055 -3- <^ ^yl"' CiTY OF '^CARLSBAD Community & Economic Development www.carisbadca.gov MITIGATED NEGATIVE DECLARATION PROJECT NAME: DAYBREAK COMMUNITY CHURCH PROJECT NO: GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00- 09(C)/HMP 13-02 PROJECT LOCATION: €515 Ambrosia Lane; APNs 216-124-16. -17 PROJECT DESCRIPTION: The proposed Daybreak Community Church project consists of the expansion of an existing church campus with the addition of a 17,391 square foot (SF), 30-foot-tall assembly building. The new assembly building is proposed to accommodate up to 1,010 seats. A total of 53 parking spaces are proposed to be removed from the existing parking lot and a total of 221 parking spaces will be added (i.e., net gain of 168 parking stalls) on the vacant parcel to the west (APN 215-080-04) . The total number of parking spaces which will exist following the parking lot expansion will be 368. A 1,908 square foot outdoor storage area is also proposed at the southwest corner of the expanded parking lot and will be screened with a 6'8"masonry wall. Access to the site will be provided by an existing driveway located off of Ambrosia Lane and a new driveway proposed off of Fisherman Drive. Grading for the development of the proposed project includes 5,150 cubic yards of cut and 2,150 cubic yards of fill, resulting in a total of 3,000 cubic yards of exported material. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the Initial Study identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: ^ Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on 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 earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). • Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the Initial Study documenting reasons to support the Mitigated Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, Caiifornia 92008. ADOPTED: fCUCK HERE datei pursuant to [CLICK HERE Administrative Approval, PC/CC Resolution No., or CC Ordinance No.l ATTEST: DON NEU City Planner Planning Division 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax <^ CITY OF CARLSBAD Community & Economic Development www.carisbadca.gov NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION PROJECT NAME: DAYBREAK COMMUNITY CHURCH PROJECT NO: GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 PROJECT LOCATION: Two parcels bound by Poinsettia Lane to the north. Ambrosia Lane to the east and Fisherman Drive to west, addressed as 6515 Ambrosia Lane, APNs 216-124-16, -17. PROJECT DESCRIPTION: The proposed Daybreak Community Church project consists of the expansion of an existing church campus with the addition of a 17,391 square foot (SF), 30-foot-tall assembly building. The new assembly building is proposed to accommodate up to 1,010 seats. A total of 53 parking spaces are proposed to be removed from the existing parking lot and a total of 221 parking spaces will be added (i.e., net gain of 168 parking stalls) on the vacant parcel to the west (APN 215-080-04) . The total number of parking spaces which will exist following the parking lot expansion will be 368. A 1,908 square foot outdoor storage area is also proposed at the southwest corner of the expanded parking lot and will be screened with a 6'8"masonry wall. Access to the site will be provided by an existing driveway located off of Ambrosia Lane and a new driveway proposed off of Fisherman Drive. Grading for the development of the proposed project includes 5,150 cubic yards of cut and 2,150 cubic yards of fill, resulting in a total of 3,000 cubic yards of exported material. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the Initial study 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 Mitigated 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 bythe City of Carlsbad Planning Commission. AVAILABILITY: A copy of the Initial Study documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008 and is available online at: http://www.carlsbadca.gov/planning-notices.aspx. COMMENTS: 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. Written comments regarding the draft Mitigated Negative Declaration should be directed to Shannon Werneke, Associate Planner, at the address listed below or via email to Shannon.Werneke(5)carlsbadca.gov. Comments must be received 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 Planning Commission. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Shannon Werneke in the Planning Division at (760) 602-4621. PUBLIC REVIEW PERIOD March 12. 2014-April 10. 2014 PUBLISH DATE March 12. 2014 j% Planning Division ^' 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-502-4600 I 760-602-8558 fax \1 4^ CITY OF initial Study ^ CARLSBAD 1. PROJECT NAME: Daybreak Community Church 2. PROJECT NO: GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/ HMP 13-02 3. LEADAGENCY: 4. PROJECT APPUCANT: City of Carlsbad Hofman Planning 1635 Faraday Avenue Bill Hofman Carlsbad, CA 92008 3156 Lionshead Avenue, Suite 1 Carlsbad, CA 92010 5. LEAD AGENCY CONTACT PERSON: Shannon Werneke, Associate Planner, (760) 602-4621 6. PROJECT LOCATION: Two contiguous parcels (APNs 215-080-04 and APN 215-841-07) located on the south side of Poinsettia Lane, between Ambrosia Lane to the east and Fisherman Drive to the west, within the Mello 1 and Mello 11 Segments of the Local Coastal Program and Local Facilities Management Zones 19 and 20. 7. GENERAL PLAN LAND USE DESIGNATION: APN 215-080-04: RLM (Residential Low-Medium Density, 0-4 du/ac), APN 215-841-07: RM/OS (Residential Medium Density, 4-8 du/ac and Open Space). 8. ZONING: APN 215-080-04: L-C (Umited Control)/Zone 20 Specific Plan, APN 215-841-07: P-C (Planned Community), MP 177 (Aviara Master Plan). 9. PROJECT DESCRIPTION: The proposed Daybreak Community Church project consists of the expansion of an existing church campus with the addition of a 17,391 square foot (SF), 30-foot-tall assembly building. The new assembly building is proposed to accommodate up to 1,010 seats. A total of 53 parking spaces are proposed to be removed from the existing parking lot and a total of 221 parking spaces will be added (i.e., net gain of 168 parking stalls) on the vacant parcel to the west (APN 215-080-04). The total number of parking spaces which will exist following the parking lot expansion will be 368. A 1,908 square foot outdoor storage area is also proposed at the southwest corner of the expanded parking lot and will be screened with a 6'8"masonry wall. Access to the site will be provided by an existing driveway located off of Ambrosia Lane and a new driveway proposed off of Fisherman Drive. Grading for the development of the proposed project includes 5,150 cubic yards of cut and 2,150 cubic yards of fill, resulting in a total of 3,000 cubic yards of exported material. The project site comprises two parcels; the western parcel is vacant while the eastern parcel is developed with the existing Daybreak Community Church. The 11.3-acre infill site is located in the southwest quadrant of the city of Carlsbad and is bound by Poinsettia Lane to the north. Ambrosia Lane to the east and Fisherman Drive to the west. The eastern parcel (APN 215-841-07), 6.77 acres in size, is located on the southwest corner of Poinsettia Lane and Ambrosia Lane. The property has a General Plan Land Use designation of Residential Medium Density (RM, 4-8 du/ac) and Open Space (OS), and a Zoning designation of P-C, Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 Planned Community. The parcel is also located within the Mello 1 Segment of the Local Coastal Program and the boundaries of the Aviara Master Plan (MP 177). The property is currently developed with a 11,600 SF church, 6,200 SF accessory classroom/administrative office building and an associated parking lot. A 9,000 SF addition to the accessory building, which was approved in 2012, is currently under construction. The vacant western parcel (APN 215-080-04) is 4.53 acres in size and is located on the southeast corner of Poinsettia Lane and Fisherman Drive. The parcel has a General Plan Land Use designation of Residential Low-Medium Density (RLM, 0-4 du/ac) and a Zoning designation of L-C, Limited Control, which is a holding zone for undeveloped properties. The property is also located within the Mello 11 Segment of the Local Coastal Program and the boundaries of the Zone 20 Specific Plan. The project applications include a General Plan Amendment (GPA 13-01), Zone Change (ZC 12-4), Local Coastal Program Amendment (LCPA 12-04), Site Development Plan Amendment (SDP 00- 06(C)), Conditional Use Permit Amendment (CUP 00-06(C)), Coastal Development Permit Amendment (CDP 00-09(C)), and a Habitat Management Plan Permit (HMP 13-02). The General Plan Amendment is proposed for the western parcel (APN 215-080-04) and is intended to create consistency between the Open Space portions of both the western and eastern properties. The existing General Plan Land Use designation for the western parcel is RLM and the proposed designations are RLM and OS. The RLM General Plan Land Use designation will comprise the northern half of the property and is consistent with the proposed R-l zone. The new OS General Plan Land Use designation will permanently preserve the native upland habitat located on the southern half of the property as open space on a separate parcel (to be combined with eastern parcel open space as one parcel), as required pursuant to the city's Habitat Management Plan (HMP) as well as the city's General Plan. The Zone Change is also proposed forthe western parcel (APN 215-080-04), which is currently zoned L-C, Limited Control. The proposed zoning for the northern half of the property is R-l, One-Family Residential. The R-l zone implements the RLM General Plan Land Use designation. As with the General Plan Amendment, the southern half of this property (to be re-configured per the Lot Line Adjustment component of the project description outlined below) is proposed to be zoned O-S to permanently preserve the sensitive upland habitat on a separate parcel. As APN 215-080-04 is located in the Mello 11 segment of the coastal zone and a General Plan Amendment and a Zone Change are proposed, a Local Coastal Program Amendment is also proposed to provide consistency between the two land use documents. Approval from the California Coastal Commission will be required forthe LCPA. Amendments to the Site Development Plan, Conditional Use Permit and the Coastal Development Permit are required for the proposed expansion to the church campus and the associated parking lot. The proposed amendments represent the 3''' amendment to the original permits. Each of these permits will be analyzed for consistency with the Zoning Code and the existing Master and Specific Plans. To facilitate the long-term preservation of the sensitive upland habitat located on the southern portion of each lot, the project also proposes a Lot Line Adjustment to allow for the natural open space to be placed in a separate lot. Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 Finally, as the western parcel is located in a Standards Area pursuant to the city's Habitat Management Plan (HMP), Consistency Findings as well as a Habitat Management Plan Permit are required to permanently preserve the sensitive upland habitat as open space. 10. ENVIRONMENTAL SETTING/SURROUNDING LAND USES: The existing environmental setting of the subject properties can be generally characterized as suburban. Surrounding land uses include a public park to the north, single family homes to the south, apartments to the east and a church (Redeemer by the Sea) and single-family homes to the west. The southern half of both properties is vegetated with native upland habitat. Topographically, the property ranges from a high point of 330 feet above mean sea level (MSL) to 265 feet above MSL. The areas proposed to be developed are predominantly flat; as a result, only a limited amount of grading will be required. A 100-foot-wide SDG&E easement bisects the site diagonally in a northwest/southeast direction. 11. OTHER REQUIRED AGENCY APPROVALS (i.e., permits, financing approval or participation agreements): California Department of Fish and Game, U.S. Fish and Wildlife Service, California Coastal Commission 12. PREVIOUS ENVIRONMENTAL DOCUMENTATION: N/A Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 13. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. ^ Aesthetics 1^ Agriculture & Forestry Resources • Air Quality IS Biological Resources n Cultural Resources • Geology/Soils Greenhouse Gas Emissions D Hazards/Hazardous Materials • Hydrology/Water Quality • Land Use & Planning D IVIineral Resources IE! Noise Population & Housing D Public Services • Recreation n Transportation/Traffic D Utilities & Service Systems D Mandatory Findings of Significance 14. PREPARATION: The Initial Study for the subject project was prepared by: Shannon Werneke, Associate Planner Date -4-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 15. DETERMINATION: (to be completed by Lead Agency) On the basis ofthis initial evaluation: • I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 13 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described herein have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. • 1 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. • 1 find that the proposed project MAY have a "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 herein. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. • 1 find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. 16. ENVIRONMENTAL DETERMINATION: The initial study for this project has been reviewed and the /ironmental determination, indicated above, is hereby approved. environmental aetei 3-C-/V DON NEU, City Planner Date 17. APPLICANT CONCURREJiCE WITH MITIGATION MEASURES: This is to certify that 1 have reviewed the mitigation mej^afes in the Initial Study and concur with the addition of these measures to the project. Date Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions forthe project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The explanation of each issue should identify: a. The significance criteria or threshold, if any, used to evaluate each question; and b. The mitigation measure identified, if any, to reduce the impact to less than significant. Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 1. AESTHETICS Would the project: Potentially Signiflcant Impact Less than Significant with IVIit. Incorporated Less than Significant Impact No Impact a) Have a substantial adverse effect on a scenic vista? • • • m b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? • • • c) Substantially degrade the existing visual character or quality of the site and its surroundings? • • • d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? • m • • a-b) No Impact. The project site, comprised of two lots, one of which is vacant (i.e.. West parcel), is bound by Poinsettia Lane to the north. Ambrosia Lane to the east and Fisherman Drive to the west. Surrounding land uses include a public park to the north, apartments to the east and single-family homes to the south and west. Topographically, the property ranges in elevation from 330 feet above mean sea level (MSL) to 265 feet above MSL. A 100-foot-wide SDG&E easement bisects the site diagonally in a northwest/southeast direction. The East parcel is currently developed with a church, an accessory structure and a parking lot. The southern half of each of the lots comprises sensitive upland habitat, all of which is proposed to be permanently preserved in a separate parcel as open space. There are no public scenic vistas available from the project site. In addition, no scenic resources, including trees or rock outcroppings or historic buildings within a State scenic highway will be impacted by the proposed expansion to the church. Therefore, no impact is assessed. c) Less than Significant Impact. The project is subject to various site design and architectural standards outlined within the Aviara Master Plan (MP 177) and the Zone 20 Specific Plan; these documents are intended to result in the development of aesthetically-appealing projects. The proposed expansion to the church campus will be consistent with these documents. The proposed Spanish/Mediterranean architecture will complement the existing design of the church as well as the architecture of the surrounding single-family and multi-family uses in the Aviara community. In addition to landscaping proposed around the perimeter of the project, a 140' long masonry screen wall ranging in height from 3'6" to 6'8" is proposed adjacent to the southwestern perimeter of the parking lot. This wall will provide a solid screen of the vehicles as viewed from the single-family residential neighborhood to the southwest of the proposed parking lot expansion. In addition, a 6'8" tall masonry wall is proposed around the perimeter of a 1,908 square foot outdoor storage area adjacent to the southwest corner of the new parking lot. Landscaping will be planted in front ofthe walls to soften the view. Therefore, the proposed project's impact on the visual character of the site as well as the surroundings would be less than significant. Short-term construction-related impacts would consist primarily of grading and building activities, including the presence of construction equipment, truck traffic, construction debris, and temporary safety signage. No valuable aesthetic resources would be destroyed as a result of construction-related activities. These short-term impacts (approximately 12 months) are temporary and would cease upon -7-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 project completion. Thus, the construction-related impacts to the site's visual character would be less than significant. d) Potentially Significant Impact Unless Mitigation Incorporated. The eastern parcel (APN 215-841-07) is currently developed with a church, accessory classroom/office building and a parking lot. The existing structures and parking lot are elevated above the surrounding streets and land uses to the east by approximately 50 feet. At the closest point, the existing church is located approximately 380 feet from the apartments to the east and 580 feet from the single-family residential subdivision to the west. Based on the distance ofthe separation between the existing uses, there are no light or glare impacts. The proposed project entails the addition of a new assembly building on the eastern parcel as well as an expansion of the parking lot on the adjacent vacant parcel to the west (APN 215-080-04). The new parking lot and assembly building will be located approximately 100 feet (at closest point) and 410' from the adjacent single-family residential subdivision to the west (off of Fisherman Drive), respectively. In addition, the elevation of the parking lot will be at approximately the same elevation (within 5 feet) of the elevation of two adjacent homes to the west. As parking lot lighting will be incorporated into parking lot design, mitigation measures have been included to reduce any impacts to the adjacent residences to the west. Compliance with mitigation measure AESTHETlC-1 would reduce the potential impacts to the residential subdivision to the west to a less than significant level. A less than significant impact is assessed to the residential land uses to the east as the existing church and accessory building will shield the new parking lot and assembly building. Mitigation Measure: AESTHETICS 1: Prior to the issuance of building permits for the proposed parking lot on the subject West parcel (APN: 215-080-04), the applicant shall submit a lighting plan to the City Planner for approval. The lighting plan shall indicate the location of proposed light standards (in exhibit form), along with detailed information outlining illumination and lighting fixture design with the objective of providing adequate and safe parking lot lighting that does not impact residential properties or native upland habitat adjacent to the project. Specifically, the lights shall be shielded downward (i.e., away from the adjacent native habitat and residential uses), shall be low pressure sodium, and shall be on a timer such that the lighting is turned off no later than 9:30 p.m. -8- Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 II. AGRICULTURAL AND FOREST RESOURCES* ' Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact 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 ofthe California Resources Agency, to non-agricultural use? • m • • b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? • • • c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? • • • In determining whether Impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources are significant environmental 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.) a) Potentially Significant Impact Unless Mitigation Incorporated. The project site (eastern and western parcels) is not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (California State Department of Conservation, June 1990). Pursuant to Map X of the Local Coastal Program, the western parcel (APN 215-080-04) is identified as an area of non-prime agricultural land in the Mello 11 Segment ofthe Local Coastal Program (LCP). Although the property is not currently being utilized for agricultural purposes, it was historically used as such. As a result, the conversion of the property to urban development is permitted subject to the payment of an Agricultural Conversion Mitigation fee as specified in Policy 2-1 ofthe Mello 11 Segment ofthe LCP. The Agricultural Conversion Mitigation fee is only applicable to the area that will be developed (2.26 acres); any area that is permanently preserved or which will require the payment of a Habitat Mitigation fee will not be subject to the Agricultural Conversion Mitigation Fee. With the incorporation of the following mitigation measures, impacts to agricultural resources will be reduced to a less than significant level. Mitigation Measure: AGRICULTURAL 1: Prior to the issuance ofthe grading permit, an Agricultural Conversion Mitigation Fee shall be paid for the conversion of 2.26 acres of non-prime agricultural land on APN 215-080-04 to urban uses. b) No Impact. The existing zoning for the eastern parcel. Planned Community (P-C), as implemented through MP-177, and the proposed zoning for the western parcel, One-Family Residential (R-l), allow for conditional uses such as a church. In addition, the subject site is not encumbered by a Williamson Act contract. Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 c) No Impact. The project would not conflict with the existing zoning or land uses within the project area or in adjacent areas. The project is not proposed within a forestry or timber zone, nor is any part of the project area used for forestry or timber purposes. As a result, no impacts will occur related to the rezoning of forest land, timberland, or timberland production. In addition, as discussed above, the conversion of non-prime agricultural land to urban uses shall require the payment of an Agricultural Conversion Mitigation Fee. in. AIR QUALITY* Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less Than Significant Impact No Impact a) Conflict with or obstruct implementation ofthe applicable air quality plan? • • • la b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? • • K • c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? • • Kl • d) Expose sensitive receptors to substantial pollutant concentrations? • • 13 • e) Create objectionable odors affecting a substantial number of people? • • • K * Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. a) No Impact. The project site is located in the San Diego Air Basin which is currently designated as a nonattainment area for the state standard for PMio, PM2.5,1-Hour and 8-Hour ozone, and the Federal 8- Hour Standard for ozone. The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). The RAQS outlines the APCD's plans and regulatory control measures designed to attain state air quality standards for ozone. The RAQS, which was initially adopted in 1991, is updated on a triennial basis with the most recent update occurring in April 2009. The APCD has also developed the SDAB's input into the State Implementation Plan (SIP) which is required under the Federal Clean Air Act (CAA) for pollutants that are designated as being in nonattainment of national air quality standards for the air basin. The SIP relies on the same information from SANDAG to develop emission inventories and emission control strategies that are included in the attainment demonstration forthe air basin. -10-Initial Study r, Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. As discussed in Section X (Land Use & Planning) below, the proposed project is consistent with the General Plan; therefore, the project would not have an adverse regional air quality impact. Section 15125(d) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part ofthe RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions in the regional air quality plan and will in no way conflict with or obstruct implementation ofthe regional plan. b) Less than Significant Impact. The closest air quality monitoring stations to the project site are at Camp Pendleton and Escondido (E. Valley Parkway). Data available for these monitoring sites from 2009 through 2011, indicate that the most recent air quality violations recorded were as follows: the 1-Hour ozone concentration did not exceed the state standard any time during the years 2009 through 2011; the 8-Hour ozone concentration exceeded both the state and federal standard in 2009 and 2010 and the state standard was exceeded twice in 2011; the daily PMio concentration exceeded the state standard in 2009, but not in 2010 or 2011; and the federal standard for PMio and the federal 24-Hour PM2.5 standard was not exceeded during the 2009 through 2011 time period. No other violations of any air quality standards have been recorded during the years 2009 through 2011. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures and Best Management Practices (BMPs) that would reduce fugitive dust emissions and other criteria pollutant emissions during construction. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Z.ess than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15064(h)(3), the -11-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 proposed project's incremental contribution to the cumulative effect is not cumulatively considerable. Any impact is assessed as less than significant. d) iess than Significant Impact. Redeemer by the Sea, an existing church which includes a preschool, is located approximately 1/4 mile to the west ofthe Western parcel ofthe proposed project. As discussed above, the proposed project would not result in substantial pollutant emissions or concentrations. Therefore, a less than significant impact is assessed. e) Wo Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. IV. BIOLOGICAL RESOURCES entially lificant Impact :than lificant with . Incorporated ithan lificant Impact Impact Would the project: Pot Sigr Les! Sigr Mit Less Sigr o z a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? • m • • b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? • • • c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 ofthe Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? • • • Kl d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? • • • e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? • • • f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? • • • a-b, d-f) Less than Significant with Mitigation Incorporated. The City of Carlsbad has an adopted Habitat Management Plan (HMP), which is a comprehensive, city-wide 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 -12-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 consistent with the General Plan and Growth Management Plan. In so doing, the HMP is intended to lead to city-wide 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 HMP. In addition. Chapter 21.210 ofthe city's Zoning Ordinance (Habitat Preservation and Management Requirements) implements the HMP as well as the goals and objectives of the city's Open Space Element of the General Plan. As discussed in the subsequent sections, with the incorporation of mitigation measures to reduce the impacts to a less than significant level, the project does not conflict with any of the provisions of the HMP or the Zoning Ordinance. For some key properties within the city which have not submitted proposed hardline designs for inclusion in the preserve system, the HMP includes conservation goals and standards which will apply to future development proposals. The goals and standards have been arranged according to the Local Facilities Management Zones (LFMZ) to which they apply. The standards only apply to those areas within the LFMZs not already covered by existing and proposed hardline areas, existing take authorizations or areas shown as development areas on the HMP map. Therefore, the standards only apply to those parcels which are designated as "Standards Areas" on the HMP map. If individual properties are proposed for development within a zone, the property owner must show how the standards, which include goals and objectives ofthe HMP, will be met. The HMP identifies the 11.3-acre project area, which comprises two parcels, as being located in two different LFMZs. The vacant Western parcel (4.53 acres, APN 215-080-04) is located within Zone 20 and is identified as a Standards Area in the HMP. The Eastern parcel (6.77 acres, APN 215-841-07) is located within Zone 19. The southern half of the eastern property is identified as an Existing Hardline Preserve Area and is not currently encumbered with a conservation easement. A 100-foot-wide SDG&E easement bisects the properties/project site diagonally in a northwest/southeast direction. As the eastern parcel is not located within a Standards Area, there are no goals or standards in the Zone for which to analyze the project against. However, the removal of any sensitive habitat on this parcel would need to comply with the HMP. Pursuant to the HMP, much of Zone 20 is already developed and much of the remainder is agricultural land. Coastal sage scrub, maritime succulent scrub, southern mixed chaparral and southern maritime chaparral are predominant in this zone and support a variety of HMP species, including the California gnatcatcher. Habitats within this zone are part of a stepping-stone linkage (Linkage F) that connects Core Areas 4, 6, and 8. The subject site (both parcels) is located east of Linkage F and is immediately adjacent to the northwest edge of Core Area 6. The HMP conservation goals for Zone 20 require developments to establish, enhance, and maintain a viable habitat linkage across Linkage F (located to the west of property) to ensure connectivity for gnatcatchers and other HMP species between Core Area 4 (located to the north) and Core Area 6 (located immediately east and south of subject property); and that they conserve the majority of sensitive habitats in or contiguous with biological core and linkage areas, including a no-net-loss of wetland habitats and coastal sage scrub within Core Area 6 and Linkage Area F. 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. -13-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 A Biological Technical Report (BTR) for the Daybreak Community Church Study Area was prepared by HELIX Environmental Planning (dated February 24, 2014), for which six (6) vegetation communities were identified within the study area. Table 1 below summarizes the vegetation communities located on-site. TABLE 1 EXISTING VEGETATION COMfiAUNITIES WITHIN THE PROJECT SITE VEGETATION COMMUNITY HABITAT GROUP ACREAGE Upland Southern maritime chaparral B 2.5 Diegan coastal sage scrub (including disturbed CSS)** D 1.3 Diegan coastal sage scrub/Chaparral scrub - Disturbed D 0.3 Ornamental/Non-native vegetation F 1.6 Disturbed habitat F 1.0 Urban/Developed N/A 5.2 TOTAL 11.9 **The isolated stand of CSS on the western parcel, located in between the proposed parking lot and Poinsettia Lane, represents 0.35 acres ofthe total 1.3 acres located on the overall project site. Sensitive Plant Species A total of 52 plant species were observed within the project site during biological surveys (Appendix A of BTR). The majority of observed plants were non-native, and none was listed as state or federally rare, threatened or endangered. Table 3 of the BTR includes a list of special-status plant species assessed for potential to occur within the project site, none of which were determined to have a moderate or high potential to occur. Sensitive Wildlife Species A single non-listed sensitive species, southern California rufous-crowned sparrow, was observed on the project site in the March, 2013 survey conducted by HELIX. In addition, protocol surveys for the federally-threatened coastal California gnatcatcher (Polioptila californica californica) were conducted within the project site. No gnatcatchers were observed or otherwise detected during the June, 2013 protocol surveys. Further, no gnatcatchers were incidentally observed or otherwise detected within the project site during the 2013 general biological and rare plant surveys. However, given the habitat types within the study area and vicinity, the BTR identifies a high potential that the coastal California gnatcatcher could temporarily use the coastal sage scrub during foraging and dispersal activities. Pursuant to the BTR, although it cannot be ruled out, this species would not be expected to breed onsite due to a variety of reasons, including small habitat patch size, proximity to existing developments, steepness of slope, lack of constituent vegetation elements in areas, and signs of domestic pet use (e.g., cats and dogs). Due to the presence of CSS on the project site and the likelihood that the coastal California gnatcatcher could temporarily use the site, the project has been designed to minimize impacts to the habitat on-site to the greatest extent possible. Mitigation measures have been incorporated into the project to reduce the potential direct and indirect impacts to these species, if present. Specifically, the measures include removing vegetation that is critical to these species outside -14-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 of the breeding season to avoid direct impact to nests and establishing a protocol of surveying and monitoring to avoid indirect impacts to nests within 500 feet of construction activity. Jurisdictional Waters and Wetlands Pursuant to the BTR, the entirety of the site is characterized by upland habitats that lack the physical attributes and criteria to qualify them as potential jurisdictional waters and wetlands. Therefore, jurisdictional waters and wetlands are presumed to be absent from the project site and the proposed project would have no effect on such resources. Impacts Table 2 below summarizes the impacts to the various vegetation communities. TABLE 2 SUMMARY OF ll^PACTS TO VEGETATION COMMUNITIES VEGETATION COMMUNITY HABITAT GROUP EXISTING (Eastern and Western parcel) IMPACTS (Western parcel) Southern maritime chaparral B 2.5 0 Diegan coastal sage scrub (including disturbed) ** D 1.3** 0.05** Diegan coastal sage scrub/chaparral scrub - Disturbed D 0.3 0 Ornamental/Non-native vegetation F 1.6 0.20 Disturbed habitat F 1.0 0.60 Urban/Developed N/A 5.2 2.20 TOTAL 11.9 3.05 **The isolated stand of CSS on the western parcel, located in between the proposed parking lot and Poinsettia Lane, represents 0.35 acres ofthe total 1.3 acres located on the overall project site. The 0.05 acres of impacted CSS is located within this isolated stand of CSS. The resulting size of the isolated stand after the removal is 0.30 acres, which will be preserved in an open space easement. -15-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 Mitigation Table 3 below summarizes the mitigation proposed to offset impacts to each of the vegetation communities on the western parcel. TABLE 3 Vegetation Community Mitigation (Western addition to preserve) Exiting Preserve (eastern parcel) (acres) Total Preserve (acres) TABLE 3 Vegetation Community Creation (acres) Preservation (acres) Total (acres ) Exiting Preserve (eastern parcel) (acres) Total Preserve (acres) Southern maritime chaparral 0.00 1.46 1.46 1.07 2.53 Diegan coastal sage scrub (incl. disturbed) 0.05 0.04 0.09 0.78 0.87 Diegan coastal sage scrub/Chaparral scrub - disturbed 0.00 0.06 0.06 0.09 0.15 Ornamental/Non-native vegetation** 0.00 0.05 0.05 0.02 0.07 Disturbed habitat 0.00 0.00 0.00 0.20 0.20 Urban/Developed 0.00 0.00 0.00 0.04 0.04 TOTAL 0.05 1.61 1.66 2.20 3.86 **lmpacts to the Ornamental and Disturbed Habitat will be mitigated through the long-term preservation of 3.86 acres of sensitive upland habitat. No creation/restoration or payment of fees is proposed with respect to impacts to this habitat In general, the project proposes to offset impacts to unoccupied Diegan coastal sage scrub (Habitat Group D), disturbed habitat (Habitat Group F), and ornamental/non-native vegetation (Habitat Group F) through a combination of onsite preservation and creation (for Habitat Group D). As the project site is located in the coastal zone, the project is consistent with the "no net loss" provision in the HMP (Section 7-8, page D-115) for Diegan coastal sage scrub and southern maritime chaparral (please see HMP Findings below for detailed findings/analysis). Because Diegan coastal sage scrub is considered to be potentially occupied and/or important for foraging or dispersal by HMP species, including the southern California rufous-crowned sparrow and coastal California gnatcatcher, impacts to the habitat are required to be mitigated at a 2:1 ratio. In addition, half of the mitigation (i.e., 1:1 ratio) is required to include a restoration or creation component. Accordingly, the project proposes to mitigate the removal of the 0.05 acres of Diegan coastal sage scrub through on-site creation of 0.05 acres (i.e., 1:1 ratio) and on-site preservation of 0.87 acres (i.e., exceeds 1:1 ratio) of CSS in a separate open space lot along the southern portion ofthe entire project site. In addition, the entire area of 2.53 acres of southern maritime chaparral is proposed to be preserved in the open space lot. Ultimately, the proposed 3.86-acre open space lot will result in additional hardline area and an extension of Core Area 6. Impacts to the disturbed/ornamental vegetation will be mitigated through the long-term preservation of the 3.86 acre open space lot. An in- lieu fee is not required as long-term preservation of sensitive habitat is proposed. In addition, the 0.30- acre isolated stand of CSS located in between the new parking lot and the northern property line ofthe western parcel, as well as the HMP buffer, will be placed in an open space easement. The following mitigation measures will reduce impacts to biological resources to a less than significant level. -16-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 Mitigation Measures: BIO 1: Prior to recordation of the Lot Line Adjustment, the project applicant shall dedicate on the Final Map an open space and conservation easement over the 3.86-acre Open Space Lot to prohibit any encroachment, development, grading, or alterations within the Lot. BIO 2: Prior to recordation of the Lot Une Adjustment, a revegetation plan shall be submitted and approved by the City Planner to mitigate for the loss of 0.05 acres of Diegan coastal sage scrub (CSS) by creating 0.05 acres of CSS in the proposed open space lot. BIO 3: Prior to the 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 City Planner in relation to the proposed 3.86-acre Open Space lot, which is 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, which possesses qualifications to manage the open space lot and open space easement areas 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 ofthe open space lot 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 City Planner and conservation entity, if any, in an amount sufficient for management and monitoring ofthe open space lot in perpetuity; and d. Prepare a Preserve Management Plan which will ensure adequate management of the open space lot in perpetuity. BIO 4: Prior to recordation of the Lot Line Adjustment, the developer shall dedicate an open space easement over the 20 foot-wide habitat buffer area located adjacent to the southern edge of the proposed parking lot and the 0.30-acre isolated patch of Diegan coastal sage scrub located in between the new parking lot and the northern property line to prohibit any encroachment, development, grading, alterations, including the clearing of vegetation, unless required by the Fire Department. BIO 5: No clearing, grubbing, grading or other construction activities shall occur onsite during the avian nesting season (February 15 through August 30), unless a qualified biologist confirms, through a documented survey immediately prior to clearing activities, that no nesting gnatcatchers or other sensitive bird species will be impacted. BIO 6: Construction noise that could affect migratory songbirds and other species associated with the sensitive habitat area shall be avoided. In order to ensure compliance, grading shall be avoided during the avian nesting season (February 15 through August 30). If a grading permit is required, this restriction can be waived by the City of Carlsbad, with concurrence from the Wildlife Agencies (USF&W, CDF&G), upon completion of a breeding/nesting bird survey in accordance with the Migratory Bird Treaty Act. If nests are present, no grading or removal of habitat may take place within 500 feet of active nesting sites during the nesting/breeding season (February 15 through August 30). A buffer zone will be established around any identified nests in coordination with the -17- Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 monitoring biologist. No construction activities shall occur within any portion ofthe site where they would result in noise levels exceeding 60 dB(A) hourly average at the edge of CSS. BIO 7: Fire Management: All fire management activities shall occur completely within the development boundaries and shall not occur within any ofthe HMP open space conservation areas or open space easement. Landscaping within the HMP buffer shall include low-fuel native species in compliance with the HMP. BIO 8: 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 and open space easement 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 ofthe HMP open space conservation areas. BIO 9: Landscaping Restrictions: The Final Landscape plans for the 20-foot-wide HMP buffer adjacent to the HMP open space preserve/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 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 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. BIO 10: Fencing. Signs and Lighting: Prior to the release of grading securities, a five foot tall black vinyl-coated chain link fence shall be constructed along the northern boundary of the Open Space lot to discourage the access of humans into the HMP open space conservation areas. Signage shall be installed on the fence at consistent intervals to educate and inform the public about the goals of HMP Preserve and to prohibit public access. Lighting in the parking lot adjacent to the HMP preserve shall be of a minimum necessary for safety and security, and shall be shielded and directed to shine downward and not into the preserve area. Owner lighting restrictions shall be included in the administration office ofthe church. BIO 11: Exotic Species Control: The project shall not use any non-native, invasive plant species in the landscaping adjacent to the HMP Preserve. HMP FINDINGS The proposed project occurs within Zones 19 (Eastern parcel, APN 215-841-07, 6515 Ambrosia Lane) and 20 (Western parcel, APN 215-080-04) of the HMP. The Western parcel is located in a Proposed Standards Area while the southern portion of the Eastern parcel is located within an Existing Hardline Area. The Existing Hardline Area is not currently managed or maintained as part of a long-term management plan. The project proposes no change to the Existing Hardline area located on the southern portion ofthe Eastern lot. Through onsite preservation, the project proposes a contribution of -18- Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 3.86 acres of habitat to be included into the preserve system which will create a newly-established HMP Hardline Preserve on the Daybreak Community Church property. Ultimately, the Existing Hardline Area will also be included within the long-term management plan. Modifications to the Proposed Standards Area on the Western parcel, APN 215-080-04, including development and habitat preservation to meet specified HMP standards, requires the processing of Consistency Findings and approval from the Wildlife Agencies. This section below summarizes the HMP requirements and how the proposed project is consistent with each of the applicable components of the HMP. HMP Conservation Goals In Zone 20. Section D.3.C (Carlsbad HMP p. D-80) Establish, enhance, and maintain a viable habitat linkage across Linkage Area F to ensure connectivity for gnatcatchers and other HMP species between Core Areas 4 and 6. The Western parcel of the Daybreak Community Church project is located within Local Facilities Management Zone 20 (Zone 20) and Core 6 of the Carlsbad HMP planning area. Zone 20 and Core 6 occur in the central portion of Carlsbad. The objectives of Core 6 FPA generally include conservation of southern maritime chaparral, grassland, vernal pools, coastal sage scrub, Del Mar manzanita, summer holly and coastal California gnatcatcher, among other resources. Core 6 has linkages to Core 4 and Core 8 via Unkage Area F; Core 5 via Linkage Area D; and Core 7 via Linkage Area E. Core 6 objectives that most pertain to the project site include conservation of southern maritime chaparral and coastal sage scrub, in addition to conservation of movement functions through a fragmented arrangement of habitat, primarily for the coastal California gnatcatcher. As depicted in Figure 5 of the BTR, the southeastern portion (i.e.. Eastern parcel) of the project site is designated as Existing Hardline within Zone 19. As depicted on Figures 6 and 7 ofthe BTR, the proposed project does not include any impacts to native habitat located within the Existing Hardline area. A very limited portion (approximately 0.002 acre or 90 square feet) of the proposed parking lot impact area encroaches into disturbed habitat located within the northwestern tip of the Existing Hardline on the site. This disturbed 0.002-acre area is contained within the existing SDG&E access road and easement footprint. As such, it is routinely disturbed and considered to have little or no biological function or value. The impacts to this disturbed area are considered to have negligible effects on the Existing Hardline. As also depicted on Figure 5 ofthe BTR, the western portion ofthe site is identified as a Standards Area within Zone 20. The objective of the Standards Area and surrounding Hardline Preserve through this area is to maintain the connectivity for gnatcatchers and other HMP species between Core Areas 4, 6 and 8, in addition to conserving the majority of sensitive species in or contiguous with biological core and linkage areas, including no net loss of wetland habitats, southern maritime chaparral, maritime succulent scrub, and coastal sage scrub within Core Area 6 and Linkage Area F. Coastal sage scrub and chaparral habitat contained within the Standards Areas and Existing Hardline on and in the vicinity of the project site contribute to the functional assemblage of Core 6 and Linkage Area F, including a stepping-stone linkage for the coastal California gnatcatcher, a sensitive species determined to have the potential to occur. -19-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 The proposed project would result in impacts to Diegan coastal sage scrub, disturbed habitat, and ornamental/non-native vegetation within the HMP Standards Area. Of the habitat types impacted, Diegan coastal sage scrub is the only habitat type that provides any biological function and value with respect to meeting the conservation goals and objectives of the Carlsbad HMP. The proposed impacts to Diegan coastal sage scrub are limited to 0.05 acre of habitat presumed to have been artificially created and situated adjacent to existing developments. The habitat was determined to have a low potential to support five non-listed sensitive reptile species: silvery legless lizard, orange-throated whiptail, coastal whiptail, Coronado Island skink, and coast patch-nose snake. The habitat was further determined to provide suitable foraging and dispersal habitat for the non-listed sensitive bird, southern rufous- crowned sparrow, in addition to the federally threatened coastal California gnatcatcher. Rufous- crowned sparrow and gnatcatcher would not be expected to use the impact area for breeding due to adjacency of the habitat with existing developments, small habitat patch size, and absence of constituent vegetation elements typically associated with these species' breeding habitat requirements. Gnatcatcher protocol surveys were performed at the project site during the breeding season in June 2013. No gnatcatchers were observed or otherwise detected during the protocol surveys. The principal functions and values of the impacted habitat include providing temporary habitat for facilitating north- south movement of bird species over and through the site. Under current conditions, bird movement likely occurs over existing development barriers and incompatible habitats in the project vicinity, including those associated with existing Daybreak Community Church developments and Poinsettia Lane. The project would avoid nearly all (99 percent) of native habitat that exists within the project site, including 99 percent of native habitat that exists within the Standards Area and 100 percent that exists within the Hardline. All avoided habitat within the Standards Area is proposed for preservation either through an open space easement (adjacent to northern edge of western parking lot) or through the creation of a separate Open Space lot which will be encumbered with a conservation easement and included in the newly-established HMP Hardline Preserve area. The habitat that will be avoided and preserved represents the highest quality habitat within the project site in terms of functioning to facilitate wildlife movement, especially for native birds such as the coastal California gnatcatcher. The proposed developments are limited to second access, parking lot, underground storm drain, and landscape improvements only. As it pertains to accommodating bird movement functions, these improvements would result in minimal impacts and changes to the existing condition. No vertical developments are proposed that would introduce new barriers in areas that do not currently support existing developments. Existing bare areas currently used for overflow parking would be paved, but would also support an increase in vegetative components as a result of proposed landscaping. The proposed landscaping improvements, coupled with the proposed creation and preservation measures, would enhance the function of the project site in conserving contiguous stands of high quality southern maritime chaparral and Diegan coastal sage scrub habitat, in addition to accommodating wildlife movement functions and values consistent with the HMP goals and objectives for the area. Figure 7 of the BTR depicts the proposed on-site mitigation consistent with the HMP goals and standards, including proposed HMP Preserve, HMP 20-foot buffer, and Diegan coastal sage scrub creation areas. The proposed HMP Preserve will encompass the Diegan coastal sage scrub creation area. A minimum 20-foot buffer (HMP 20-foot buffer) is incorporated between the proposed HMP Preserve and project developments consistent with the Coastal Zone Conservation Standards and Section 7-11 ofthe HMP. No development, grading, or alterations, including clearing of vegetation, shall occur in the buffer area. The proposed HMP Preserve and Existing Hardline Preserve in the -20- Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 southeastern portion ofthe property will be joined to establish the new HMP Hardline Preserve on the property. The following mitigation proposal for the project has been prepared consistent with the applicable HMP goals and standards: • On-site creation of 0.05 acre of Diegan coastal sage scrub in the central western portion of the property to ensure no net loss ofthe habitat. This area is currently located in the Standards Area and shall be included in the proposed HMP Preserve for the project. The proposed creation area would require preparation of a creation plan, as detailed above, and would be subject to maintenance, monitoring, and reporting requirements; • On-site preservation of 3.86 acres of existing high quality habitat located within the proposed HMP Preserve and Existing Hardline Preserve in the southern half of the property (i.e., southern portion of east and west parcels). This shall include the 0.05 acre of created Diegan coastal sage scrub. This 3.86-acre total area (1.66 acres western addition to preserve + 2.20 acres existing hardline on eastern parcel) shall represent the newly-established HMP Hardline Preserve on the property and shall be protected by a conservation easement and fully funded for long-term biological management and monitoring; and • Portions of the property supporting additional Diegan coastal sage scrub to be avoided by the project and located outside ofthe newly-established HMP Hardline Preserve shall be designated open space and placed into an open space easement (0.30 acres). This includes Diegan coastal sage scrub and other habitat in the northwestern portion of the property and within the HMP 20-foot buffer area. Therefore, the proposed project is considered consistent with the Carlsbad HMP as it meets the goals and objectives of the HMP for this portion of the plan, providing superior type and quantity of habitat areas within the project site and maintaining viable habitat linkage. In addition, the project would be consistent with this HMP Conservation Goal in Zone 20. Conserve the majority of sensitive habitats in or contiguous with biological core and linkage areas, including no net toss of wetland habitats, southern maritime chaparral, maritime succulent scrub, and coastal sage scrub within Core Area 6 and Linkage Area F. As discussed above, the project would avoid nearly all (99 percent) of native habitat that exists within the project site. This includes 99 percent of native habitat that exists within the Standards Area and 100 percent that exists within the Hardline Preserve. No wetland, southern maritime chaparral, or maritime succulent scrub habitat is within the proposed impact area. All avoided habitat within the Standards Area is proposed for preservation either through an open space easement or through the creation of the separate open space parcel, which will be incorporated into the HMP Hardline Preserve that will be established by the project. Impacts to coastal sage scrub will be fully compensated through on-site creation and preservation to ensure no net loss of habitat or long-term impact to its function. With the proposed creation to achieve a no net loss, 100 percent ofthe native habitats will be conserved over the long-term. Therefore, the project would be consistent with this HMP Conservation Goal in Zone 20. -21- Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 CONSISTENCY WITH HMP HABITAT REQUIREMENTS Planning Standards in Zone 20. Section D.3.C- (Carlsbad HMP p. D-80) Impacts to Diegan coastal sage scrub must be mitigated consistent with Table 11 of the HMP. As included above within Table 6 of the BTR, the mitigation ratios proposed for the project are consistent with and exceed the ratios in Table 11. Specifically, the project would create Diegan coastal sage scrub in the southern portion ofthe site and incorporate the created habitat into the 3.86-acre newly-established HMP Hardline Preserve area. The newly-established HMP Hardline Preserve would include high quality native southern maritime chaparral, Diegan coastal sage scrub, and coastal sage-chaparral scrub habitats. The preservation of habitat would represent a biologically superior alternative to the current conditions within the Standards Area. By incorporating the onsite preservation areas into the Hardline, the proposed project would result in a net increase of habitat within the HMP preserve area. A minimum 20-foot buffer is also incorporated into the proposed design to protect the preserve area from edge effects and other indirect impacts over the long-term. The proposed project is therefore consistent with the HMP for upland mitigation requirements. Conserve habitats in a continuous configuration through Linkage Area F, from Core Area 6 to where Linkage Area F crosses Palomar Airport Road with a minimum constriction of 500feet. As discussed above, the proposed project avoids existing Hardline Preserve areas on the site and incorporates all avoided existing Standards Areas either through an open space easement or through the new, expanded Hardline Preserve. This will result in preservation of existing native habitat on the site, including the entirety of the existing highest-quality habitat. With the proposed creation, 100 percent of the native habitats will be conserved over the long-term and habitat connectivity will be improved from Core 6 to Linkage Area F. Therefore, the project would be consistent with this Planning Standard in Zone 20. Areos of coastal sage scrub and maritime succulent scrub outside of the designated Linkage F may be taken in exchange for restoration and enhancement inside the linkage, as tong as the result is no net loss of these habitats or the associated gnatcatcher population within the standards portions of the zone. The proposed project is within Core 6 and all Diegan coastal sage scrub taken by the project will be fully compensated, in-kind, through on-site creation and preservation. The result will be no net loss and increase of habitat and improved habitat connectivity within Standards Areas of Zone 20. Therefore, the project would be consistent with this Planning Standard in Zone 20. Southern maritime chaparral outside of core and linkage areas may also be taken unless it supports significant populations of Narrow Endemic plants. The project proposes no impacts to southern maritime chaparral. The project would avoid and preserve all 2.53 acres of southern maritime chaparral that exists within the property, including areas that could contribute to core and linkage functions and values. Therefore, the project would be consistent with this Planning Standard in Zone 20. -22- Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 Creation of Linkage F must utilize patches of existing habitat within the identified alignment. Where consistent with creation of Linkage F, avoid removal of natural habitats that are contiguous with open space on adjacent parcels. The proposed project would not result in removal of natural habitats that are contiguous with open space on adjacent parcels. The project would create coastal sage scrub in the southwest portion ofthe site and incorporate the created habitat into the 3.86-acre newly-established HMP Hardline Preserve. Habitat within the newly-established HMP Hardline Preserve will be enhanced as a result of the project and will maintain contiguity with open space on adjacent parcels. Therefore, the project would be consistent with this Planning Standard in Zone 20. Maintain and enhance the wildlife movement potential between core areas using sensitive design of any road or utility crossings of Linkage F. The proposed project would introduce no new barriers which would impede wildlife movement. Proposed landscape vegetation in the parking area would represent an improvement over existing bare, disturbed conditions. Therefore, the project would be consistent with this Planning Standard in Zone 20. Conserve all riparian habitats on site, and prohibit fill or development within the existing flood plain except where required for Circulation Element roads, Drainage Master Plan facilities, or other essential infrastructure. 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 enhancement in the riparian and buffer areas. No wetland or riparian areas would be affected by the proposed project. The site contains no agricultural lands. Therefore, the project would be consistent with this Planning Standard in Zone 20. Mitigation for any allowed impacts shall be as stated in Table lion Page D-113. The mitigation ratios proposed for the project are consistent with and exceed the ratios in Table 11 of the HMP. The project would create coastal sage scrub in the southwest portion of the site and incorporate the created habitat into the 3.86-acre newly-established HMP Hardline Preserve, which would also include native southern maritime chaparral and coastal sage-chaparral scrub habitats. The preservation of habitat would represent a biologically superior alternative to the current conditions within the Standards Area. By incorporating the on-site preservation areas into the Hardline Preserve, the proposed project would result in a net increase of habitat within the HMP Preserve area. Impacts to the Ornamental and Disturbed Habitat will be mitigated through the long-term preservation of 3.86 acres of sensitive upland habitat as HMP Hardline Preserve. No creation/restoration or payment of fees is proposed with respect to impacts to this habitat. Therefore, the project would be consistent with this Planning Standard in Zone 20. CONSISTENCY WITH HMP SPECIES REQUIREMENTS Section D6 of the HMP (pg. D-90). measures to minimize impact on HMP species and mitigation requirements. No narrow endemic plant species were identified during the rare plant surveys. The HMP states that "the primary mitigation for impacts to HMP Species underthe Plan is the conservation and management -23- Initial Study i\0 Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 of habitat for species in the preserve system" (City of Carlsbad, 2004). It also states that incidental take must be minimized and mitigated to the maximum extent practicable. Table 9 of the HMP provides specific minimization and mitigation measures for covered species. A single species addressed in Table 9, the southern California rufous-crowned sparrow, was observed during biological surveys and is presumed to be present in the southern portions of the site. One additional species addressed in Table 9, the coastal California gnatcatcher, was determined to have a high potential to temporarily disperse through the site, although protocol surveys in June 2013 were negative. Consistency analyses are provided below for the two HMP species determined present or with a high potential to occur. Southern California Rufous-Crowned Sparrow Conservation goals for the southern California rufous-crowned sparrow include: • Conserve known locations within proposed and existing hardline conservation areas. • Conserve approximately 2,000 acres of coastal sage scrub. • Maintain regional linkages. Impact avoidance/minimization measures forthe southern California rufous-crowned sparrow include: • Manage preserve areas to minimize edge effects, control cowbirds and predators, prevent livestock overgrazing, and restrict human disturbance. • Prepare and implement a fire management program for preserve areas as part of the detailed management plan. • Where opportunities arise, enhance and restore sage scrub habitat within preserve areas, with priority given to creating breeding opportunities within constrained linkages. The proposed project would conserve a total of 0.87 acres of sage scrub habitat (0.09 acres on western parcel and 0.78 on eastern parcel) which would be incorporated into Hardline Preserve area as the newly-established HMP Hardline Preserve. Additional sage scrub to be avoided (0.30 acres) and located within Standards Area portions of the property will be placed into an open space easement. All chaparral habitat within the Standards Area on the site would be avoided and the project would incorporate the habitat into the proposed HMP Preserve. The proposed HMP Preserve area is contiguous with Existing Hardline area, and both areas will be joined to form a 3.86-acre newly- established HMP Hardline Preserve on the property. The newly-established HMP Hardline Preserve will be protected by a conservation easement and fully funded for long-term biological management and monitoring. Open space designation and placement of an open space easement over the habitat in the northwestern portion of the project would help conserve existing bird movement functions over the long-term. For these reasons, the project is consistent with the goals and measures for the southern California rufous-crowned sparrow. Coastal California Gnatcatcher Conservation goals for the coastal California gnatcatcher include: • Conserve approximately 2,000 acres of coastal sage scrub. • Conserve mapped gnatcatcher locations within conserved habitat. • Maintain regional linkages. Impact avoidance/minimization measures for the coastal California gnatcatcher include: Manage preserve areas to minimize edge effects. Prepare and implement a fire management program for preserve areas. Where possible, enhance and restore sage scrub habitat within preserve areas. -24- Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 As stated above for rufous-crowned sparrow, the proposed project would conserve a total of 0.87 acres of sage scrub habitat (0.09 acres on western parcel and 0.78 on eastern parcel) which would be incorporated into Hardline Preserve area as the newly-established HMP Hardline Preserve. Additional sage scrub to be avoided (0.30 acres) and located within Standards Area portions ofthe property will be designated open space and placed into an open space easement. The proposed HMP Preserve area is contiguous with Existing Hardline area, and both areas will be joined to form a 3.86-acre newly- established HMP Hardline Preserve on the property. The newly-established HMP Hardline Preserve will be protected by a conservation easement and fully funded for long-term biological management and monitoring. Open space designation and placement of an open space easement over the northwestern portion of the project would help conserve existing bird movement functions over the long-term. For these reasons, the project is consistent with the goals and measures for the coastal California gnatcatcher. CONSISTENCY WITH HMP ADJACENCY STANDARDS AND ZONE-LEVEL RECOMMENDATIONS Adjacency Standards. Section F3 (Carlsbad HMP pg. F-16) Fire Management Fire management includes both the recognition that fire is an important component of natural ecosystems in Southern California while insuring public safety for areas adjacent to the HMP preserve. The project does not propose any structures adjacent to native habitat or preserve area that would require fuel modification or brush management. As such, a Fire Management Plan is not required. The project proposes a second access from Fisherman Drive that would enhance emergency access to native habitat in the southern portions of the site in the event of a fire. Therefore, the project would be consistent with this Adjacency Standard. Erosion Control Erosion can become an issue within and adjacent to the preserve where steep, erodible slopes occur, or where areas lack vegetation. All slopes adjacent to the preserve will be fully vegetated and maintained to avoid significant erosion onto the preserve, and the project will be required to implement the SWPPP during construction. The Preserve Management Plan for the proposed preservation areas in the southern portions of the site will include measures to address erosion within the preserve. Therefore, the project would be consistent with this Adjacency Standard. Landscaping Restrictions Invasive plant species will not be included in landscaping palettes. Irrigation will be designed so as to minimize runoff from landscaped areas, and pesticide/herbicide application will avoid overspray and drift into preserve areas. The landscaping palette will not include native plants or propagules from distant source populations, nor will it include cultivated species known to hybridize with related native species. Therefore, the project would be consistent with this Adjacency Standard. Fencing, Signs, and Lighting Fencing and signage provide access control to the preserve. Permanent fencing shall be provided along areas that occur between proposed developments and preservation areas. In addition, preserved habitat shall be posted with signs precluding access due to habitat sensitivity and prohibiting dumping. The landowner shall be educated in access restrictions, control of domestic animals, prevention of irrigation runoff, and sensitivity of habitats on site. -25- Initial Study n Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 Excessive lighting can adversely affect animal species within the preserve. All exterior lighting adjacent to preserved habitat, including lighting required for parking lot developments, shall be limited to low pressure sodium sources of the lowest illumination allowed for human safety, selectively placed, shielded, and directed away from preserved habitat to the maximum extent practicable. The project would be consistent with this Adjacency Standard with the incorporation of the required fencing, sign, and lighting specifications. Predator and Exotic Species Control As the proposed project entails an expansion to the Daybreak Church, domesticated animals are not anticipated on the project site. The project shall not use any non-native, invasive plant species in the landscaping adjacent to the HMP Preserve.. Therefore, the project would be consistent with this Adjacency Standard. Zone-Level Recommendations for Zone 20. Section F5 (CaHsbad HMP pg. F-28) Manage preserve areas for habitat value for California gnatcatchers and narrow endemic plants. Proposed additions to the Hardline Preserve areas will contain Diegan coastal sage scrub habitat of higher quality than existing disturbed phases of that community. The management plan will include area specific management directives for maintaining and enhancing functions and values for target conservation species, especially the gnatcatcher. Therefore, the project would be consistent with this Zone-Level Recommendation for Zone 20. Restore and enhance disturbed areas contiguous with conserved habitats. The project would create additional coastal sage scrub habitat within areas currently characterized by disturbed land. The areas targeted for creation occur adjacent to high quality undeveloped habitat that will be avoided by the project. The habitat creation and avoidance areas will be preserved as a result of the project. Therefore, the project would be consistent with this Zone-Level Recommendation for Zone 20. Restrict fuel reduction for fire management to areas immediately adjacent to existing housing and minimize the removal of conserved habitats to the extent feasible, given safety concerns. No new fuel modification zones are proposed, as all proposed and qualifying structures are in areas already associated with existing fuel modification zones. Therefore, the project would be consistent with this Zone-Level Recommendation for Zone 20. CONSISTENCY WITH COASTAL ZONE STANDARDS The project proposes development within the coastal zone and would be subject to the approval of a Coastal Development Permit (CDP). Pursuant to the HMP, additional conservation standards are to be applied to properties in the coastal zone. This section summarizes the applicable coastal zone standards and provides an analysis demonstrating project compliance. Coastal zone standards pertaining to biological resources and applicable to the proposed project include: • Protect environmentally sensitive habitat areas; and • Impacts to sensitive upland habitat, when permitted, shall include a creation component that achieves the no net loss standard. -26-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 The project would result in 0.05 acre impacts to disturbed Diegan coastal sage scrub. As required by the HMP, 0.05 acre of onsite creation is proposed to fully offset and mitigate this impact, thereby ensuring no net loss. The 0.05 acre of created habitat would be incorporated into the proposed HMP Preserve for the project. The proposed HMP Preserve would be joined with the Existing Hardline Preserve areas in the southeastern portion of the property to form the newly-established 3.86-acre HMP Hardline Preserve. The newly-established HMP Hardline Preserve will be protected by a conservation easement and fully funded for long-term biological management and monitoring. A minimum 20-foot buffer (HMP 20-foot buffer) is incorporated between the proposed HMP Preserve and project developments consistent with the Coastal Zone Conservation Standards and Section 7-11 of the HMP. No development, grading, or alterations, including clearing of vegetation, shall occur in the buffer area. Additional sage scrub to be avoided (0.30 acres) and located within Standards Area portions of the property will be designated open space and placed into an open space easement. For these reasons, the project is consistent with the Coastal Zone standards. c) No impact. As no federally protected wetlands are located on-site, no impact is assessed. V. CULTURAL/PALEONTOLOGICAL RESOURCES Would the project: Potentially Significant impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact 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 significance of an archeological resource pursuant to §15064.5? • • • c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? • • Kl • d) Disturb any human remains, including those interred outside of formal cemeteries? • • • a & d) No Impact. Pursuant to the Aviara Phase III Environmental Impact Assessment conducted in 1993 for the Aviara Master Plan (MP 177(G)), which included the existing church site (i.e., eastern parcel), no historical structures or known areas of human remains were detected In addition, the existing church site represents development of that area and thus no historical resources currently exist. For the vacant portion ofthe current project, a cultural resource investigation was undertaken by Dudek and did not identify any historic resources or the likelihood of encountering human remains onsite (Results of a Cultural and Paleontological Resource Inventory for the Proposed Daybreak Church Expansion Project, Carlsbad, Son Diego County, Caiifornia; Dudek, June 21, 2013). Therefore, no impacts are anticipated. In the event that human remains are discovered, proper treatment would be required in accordance with the applicable state laws. b- c) Less than Significant Impact. The above-referenced Dudek report and corresponding cultural resource inventory effort included the assessment of the potential presence of archaeological and -27-Initial Study vi Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 paleontological resources at the project site. A records search was completed, as well as a pedestrian survey for both archaeological and paleontological resources. The records search yielded no previously- recorded cultural resources onsite. The records search did reveal four recorded archaeological sites within a % mile radius of the project site, all of which were evaluated for, but not ultimately eligible for California Register of Historical Resources (CRHR) status. Overall, the conclusion was made that a low potential for buried significant cultural deposits exists in the general vicinity. Based on the pedestrian survey conducted and as summarized in the Dudek report, no additional resource work was recommended. This conclusion was made based on the existing archaeological and paleontological resources assessments, as well as a review of the proposed grading plans for the project. Given the grading proposal and maximum depths of cut/excavation to be less than 5 vertical feet, no fossil discoveries are anticipated and likewise no monitoring is recommended nor necessary. Finally, the Dudek inventory included Native American correspondence via contact with the Native American Heritage Commission (NAHC) on June 12, 2013 (Appendix B ofthe Dudek report). A written response from the NAHC on June 13, 2013 indicated that no records of Native American traditional cultural places for the project site exist. Follow-up correspondence was mailed to the recommended list of Native American tribes and individuals who may have knowledge of cultural resources in or near the project area. A written response was received from the Rincon Bank of Luiseno Indians was received on June 26, 2013 wherein it was indicated that the project did not fall within the tribes boundaries. No additional responses were received. Given the above information, including the results of the Dudek report of June 21, 2013 and related cultural resource assessments for the project site, the impacts to potential archaeological and paleontological resources are considered to be less than significant. -28- Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 VI. GEOLOGY AND SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? ra Q. E •s § c «: «i c o no a. i/i •5 2 * a 4-> ii K S a. E 4.. » S I/I 'c -3 V) a. E o Z 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 ofthe 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 the California Building 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? • • • a.i-a.iv) Less than Significant Impact. Pursuant to the Geotechnical Update Report prepared for the Daybreak Community Church project (Vinje & Middleton Engineering, November, 2011), the subject site is not located within any Earthquake Fault Zones as delineated on the Alquist-Priolo Earthquake Fault Zone Map, nor are there any known major or active faults on or in the immediate vicinity of the site. Because of the lack of known active faults on the site, the potential for surface rupture at the site is considered low. The main seismic hazard that may affect the site is ground shaking from one of the active regional faults, the nearest of which is the Rose Canyon Fault Zone located 6.9 miles from the site. Due to the relatively dense nature of on-site soils, the risk of seismic-related ground failure or liquefaction is not a significant concern. In addition, the proposed project would be constructed in compliance with the California Building Code, which includes specific design measures which are intended to maximize structural stability in the event of an earthquake. Therefore, a less than significant impact is anticipated. The proposed building pads are to be primarily located on an existing, paved parking area; the proposed new parking area is proposed for an area that has been previously graded with rough pad preparation for future development. In addition, there are no mapped landslides underlying the subject site; and the site is located in an area that is not classified as being susceptible to -29-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 landslides. The Geotechnical Update Report concludes that no geologic hazards are located on the project site. Therefore, a less than significant impact is anticipated. b-e) Less than Significant Impact. In general terms, the existing earth materials consist of Eocene age Santiago Formation sandstone deposits in the easterly site area; the westerly site area is underlain by Pleistocene age sandstone Terrace Deposits. The Geotechnical Report does not identify any abnormal or unusual soil types or conditions that would promote substantial soil erosion and geologic hazards or instability. Likewise, slope stability is not a project concern from a geotechnical standpoint. While the report does note some silty to clayey soils that require added processing and moisture conditioning, incorporating the recommended design methods as conditions of approval into the project will result in less than significant impacts for the Geology and Soils assessment made herein. Finally, the use of septic tanks or alternative wastewater disposal systems are not proposed nor are they required given geologic or soil conditions. Therefore, a less than significant impact is anticipated. VII. GREENHOUSE GAS EMISSIONS Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Significant Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? • • • b) Conflict with an applicable plan, policy or regulation adopted for the purposes of reducing the emissions of greenhouse gases? • • M • a-b) Less than Significant Impact. The City of Carlsbad has not adopted its own greenhouse (GHG) thresholds of significance and is, therefore, following guidance provided from the California Air Pollution Control Officers Association (CAPCOA) report, CEQA and Climate Change, dated January, 2008, for interim screening criteria to determine when a GHG analysis would be required. Specifically, CAPCOA proposed a 900-metric tons of CO2 E (i.e., equivalent) screening threshold to evaluate whether a project requires further analysis. Projects with emissions above the 900 metric ton threshold are required to evaluate whether emissions can be reduced to below "business as usual" levels. Pursuant to the Greenhouse Gas Study prepared for the project (Rincon Consultants, Inc., July, 2013), GHG emissions for the project were estimated separately for the following categories, construction and operational indirect and stationary direct emissions. As reviewed and presented in the Study, emissions were estimated and modeled using the California Emissions Estimator Model (CalEEMod). Construction GHG Emissions Construction GHG emissions include emissions from heavy construction equipment, truck traffic for the export of material, and worker trips. Emissions were calculated utilizing the CalEEMod Model, which is the newest land use emissions model for completed and proposed construction. Pursuant to Table 1 in the Study, construction CO2 equivalent emissions are estimated to be 507.53 metric tons. Lead agencies, including the South Coast Air Quality Management District, the City of San Diego, and the County of San Diego, recommend that construction emissions be amortized over a 30-year period to account for the -30-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 contribution of constructions emissions over a lifetime of the project. Amortizing emissions from construction of the proposed project over a 30-year period would result in an annual contribution of 16.9 metric tons of CO2 e. These emissions are added to the operational emissions to account for the contribution of construction to GHG emissions for the lifetime ofthe project. Operational Emissions CalEEMod modeling of the project outlined in the Study and summarized in the table below take into account the existing church use, proposed expansion and parking area, as well as the set aside of natural open space into perpetuity proposed by the project. Area source emissions center on the landscape maintenance, which is already on-going onsite and would use consumer products for a negligible source of emissions (0 metric tons per year). Energy use emissions include both electrical consumption (approximately 55.72 metric tons of CO2 E per year) and natural gas consumption (approximately 11.01 metric tons of CO2 E per year) for a total of approximately 66.73 CO2 E tons per year. Solid waste consumption was modeled at approximately 45.09 CO2 E tons per year. For water use emissions, an annual estimate of 1.39 millions gallons of water was used with a corresponding demand of electrical energy to supply the yearly water use estimate, which yielded approximately 6.37 metric tons of CO2 E per year. For transportation emissions, traffic study information calculated 249 weekday trips for the project and 1,718 Sunday peak hour trips. These calculations generate approximately 394.63 metric tons of CO2 E associated with CO2 and CH4 emissions; and approximately 18.43 metric tons of CO2 E associated with N2O emissions from mobile/automobile sources. Annual Greenhouse Gas Emissions - Daybreak Community Church Expansion Emission Source Annual Emissions in Carbon Dioxide Equivalent (CO2 E) metric tons Construction 16.9 Area Source 0 Energy Use 66.73 Solid Waste 45.09 Water Use 6.37 Transportation (CO2 + CH4) 394.63 Transportation (N2O) 18.43 TOTAL 548.15 -31-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 As demonstrated in the table above, the 548.15 metric tons CO2 E net emissions associated with the Daybreak Community Church Project is below the 900 metric ton screening threshold. Therefore, the project would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment, nor will it conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases. The project will be consistent with the goals of AB 32, and would not result in a cumulatively significant global climate change impact. As a result, a less than significant impact is assessed. VIII. HAZARDS AND HAZARDOUS MATERIALS Itially Icant Impact han icant with ncorporated han icant Impact ts n Q. Would the project: Poten Signif less t Signif Mit. ll Lesst Signif E 0 z a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? • • • Kl b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? • • • Ki c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? • • • Kl d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? • • • Kl e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? • • • f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? • • • g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? • • • m h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? • • • a) Wo Impact. The proposed church expansion project, as well as the on-going church activities, would not involve the routine transport, use or disposal of hazardous materials; therefore, no impact is anticipated. -32-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 b) No Impact. Since no hazardous materials are routinely used, transported and stored with the existing and proposed church expansion uses, no impact is anticipated. Furthermore, no building demolitions are proposed as part of the project which would otherwise require an assessment of existing conditions for asbestos-containing materials; therefore no impact is anticipated. c-d) No Impact. While a preschool (Redeemer by the Sea) is located approximately % of mile west of the proposed Daybreak Community Church expansion, the project will not involve the use or transport of hazardous materials. In addition, the project site is not included on any lists as a hazardous materials site, pursuant to the Government Code Section 65962.5. Therefore, no impact is assessed. e) Less than Significant Impact. The McClellan-Palomar Airport is located approximately one mile north ofthe subject site. Pursuant to the Airport Land Use Compatibility Land Use Plan (ALUCP), the project is located within Review Area 2 ofthe Airport Influence Area (AIA) as well as Safety Zone 6, Traffic Pattern Zone. Pursuant to Table 111-2 ofthe ALUCP, a large indoor assembly area with a seating capacity greater than 1,000 people is a conditionally compatible land use in Safety Zone 6. As such, pursuant to the ALCUP, one additional exit is required for every 1,000 people. The Uniform Building Code (UBC) currently requires a total of four exits for the proposed assembly building. The proposed assembly building has been designed with five exits; therefore, the project complies with the requirements of the ALUCP. In addition, while the project is located within the Airport Overflight Notification Area of the ALUCP, an overflight notification is not required to be recorded on title since the proposal does not include new residential development. Finally, the project site is located outside of any noise contour lines which can limit certain land uses from being developed. Therefore, a less than significant impact is anticipated. f) No Impact. The project site is not located in the vicinity of a private airstrip. Therefore, no impact is anticipated. g) No Impact. The project site has frontage on Poinsettia Lane to the north. Ambrosia Lane to the east and Fisherman Drive to the west. Poinsettia Lane is classified as a major arterial in the General Plan and is designated as an emergency access or emergency evacuation route to move people during emergencies. The City of Carlsbad's Fire Department will provide all basic fire and emergency medical services to the project site. Specifically, the project will be served by Fire Station No. 4. The site is within a five minute response time from the fire station. Additionally, the City of Carlsbad's Fire Department has agreements with other agencies, such as the County of San Diego, to provide additional services, including hazardous materials incident response. In the event of a large scale incident, the City of Carlsbad will activate its Emergency Operations Center (EOC) and provide details to residents, employment centers and community facilities such as private school, day cares and church locations. The proposed church use and expansion project will not impact the ability to provide emergency services to the project site, nor will it physically interfere with an adopted emergency response plan or emergency evacuation plan. Therefore, no impact is anticipated. h) Less than Significant Impact. The subject parcels are located in a developed area and the project site is considered as infill development. The existing paved parking lot (i.e., eastern lot) is the proposed location for the church expansion and the existing pre-graded western lot is the location for the proposed expansion to the parking lot. To the north, east and west are existing street systems and residential neighborhoods as well as a public park. As a result, fire hazards to the north, east and west are low. To the south, and located on the subject property, is an existing open space area with native vegetation. However, the church expansion project does not locate any new structures closer than 160 -33-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 feet to this native upland habitat. Therefore, given the distance of future structures from the open space area, no fire hazards are created bythe project. While the City is considered a medium fire hazard area (Public Safety Element, General Plan), given the project location and proposed layout ofthe church expansion project, no significant impacts are anticipated. In addition, fire sprinklers are required for the new construction. Therefore, a less than significant impact is anticipated. IX. HYDROLOGY AND WATER QUALITY Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Less than Signiflcant Impact No Impact a) Violate any water quality standards or waste discharge requirements? • • K • b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? • • • 13 c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? • • Kl • d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off-site? • • K • e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? • • Kl • f) Otherwise substantially degrade water quality? • • Kl • 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? • • • S h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? • • • 13 i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? • • • S j) Inundation by seiche, tsunami, or mudflow? • • • K a) Less than Significant Impact. The project is required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act, California Administrative Code Title 23, -34-Initial Study } 1 Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 specific basin plan objectives identified in the "Water Quality Control Plan for San Diego Basin" (WQCP), and the city's Standard Urban Storm Water Management Plan (SUSMP). The WQCP contains specific objectives for the Carlsbad Hydrologic Unit, which includes the requirement to comply with National Pollutant Discharge Elimination System (NPDES) and the use of Best Management Practices (BMPs). Construction activities as well as. post-development activities for this project are covered under state- wide construction permit Order No. 2009-0009-DWQ issued by the State Water Resource Control Board Permit and regional Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board's San Diego region. As the project qualifies as a Priority Development Project, a Preliminary Strom Water Management Plan (Hofman Planning & Engineering, October 2013) has been prepared for the project which addresses what treatment Best Management Practices (BMP's) will be constructed to treat the post-development runoff from the project. The Plan addresses how pollutants from this project will be reduced, captured, filtered, and/or treated prior to discharge from the project site. In addition, as a standard condition for this project, a Stormwater Pollution Prevention Plan (SWPPP) will be required to control the quality of storm water runoff, erosion, and sediment during construction. Through the implementation of the recommendations of the above-noted reports, the project will not violate any water quality standards or waste discharge requirements. Any impacts to water quality standards or waste discharge requirements are therefore considered to be less than significant. b) Wo Impact. Pursuant to the Geotechnical Update Report fVinje & Middleton Engineering, Inc. November 2011j, groundwater conditions were not encountered and any related groundwater conditions are not expected to impact new building pad construction and improvement subgrade preparations. The project will be served via existing public water distribution lines adjacent to the site. Therefore, no impact is anticipated. c-f) Less than Significant Impact. Pursuant to the Preliminary Hydrotogy Study (Hofman Planning & Engineering, October 2013) prepared for the project, storm water runoff generated by the existing church use is collected within an existing storm drain located on-site and is conveyed to a public system across Ambrosia Lane. The East parcel (i.e., existing church site, APN: 215-841-07) is currently developed with two structures, a parking lot, landscaping and additional hardscape features. The proposed project entails the development of a new sanctuary over a portion ofthe existing parking lot. This parcel drains through a series of catch basins and private storm drain pipes that connect to the public storm drain system at the corner of Ambrosia and Poinsettia Lanes, with flows continuing through the Ambrosia Lane system and ultimately drains to Batiquitos Lagoon. The West parcel (APN: 215-080-04) is proposed to be developed with additional parking as well as a small portion ofthe new church building. This parcel does not impact the flows of the East parcel since it drains into two different sub-basins of the Carlsbad Hydrologic Unit. The north portion drains to the "Canyon de las Encinas Creek" Hydrologic Area with runoff from the site flowing northerly through a storm drain system that crosses Poinsettia Lane to the Encinas Creek and ultimately into the Pacific Ocean. The south portion drains to a part of the San Marcos Creek sub basin that drains to the Batiquitos Lagoon. The East parcel will get an upsized drainage pipe, as outlined in the Study, and the West parcel will be improved with a new private storm drain system. As a Priority Project, and per Carlsbad's SUSWMP, the project is subject to hydromodification criteria as detailed in the San Diego County's Hydromodification Plan, dated March 25, 2011. As a result, the project will be designed to match pre-project runoff flow -35- Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 rates for storms up to a 10-year design storm. Per the Preliminary Storm Water Management Plan prepared for the project (Hofman Planning & Engineering, October 2013) and corresponding pre-project and post-project runoff calculations identified, the average runoff coefficient will not change. Total peak runoff will increase, however, due to the inclusion of a new storm drain within the project site, and the corresponding decrease in time of concentration. With the incorporation of Low Impact Development (LlDs) features and hydromodification BMPs, the increase in runoff will reduce the impacts to a less than significant level. Specifically, pursuant to the Preliminary Storm Water Management Plan, the incorporation of bioretention basins, higher rate filters, permeable pavements and vegetated areas will not only treat the water but will also reduce the rate of runoff leaving the site. Through these efforts, the project will not violate any water quality standards, or otherwise substantially degrade water quality; will not substantially alter existing drainage patterns causing substantial erosion, siltation, or flooding; and will not significantly impact the capacity of storm water drainage systems. Therefore, impacts are considered to be less than significant. g-j) No Impact. The project site is not located within the 100-year flood hazard area. In addition, pursuant to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, Catastrophic Dam Failure Inundation, Tsunami, and Seiche Hazard Zone Maps (September 1992), based on the distance between the site and large, open bodies of water, as well as the elevation of the site with respect to the sea level (300-330 feet above mean sea level), the possibility of tsunami or mudflow is considered to be low. Therefore, no impact is anticipated. X. LAND USE AND PLANNING entially liflcant Impact sthan lificant with :. Incorporated sthan lificant Impact Impact Would the project: Pot Sigi in M Sl ii K S •3 tf) o z a) Physically divide an established community? • • • b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? • • m • c) Conflict with any applicable habitat conservation plan or natural community conservation plan? • • Kl • a) Wo Impact. The proposed expansion to the church on the East parcel and the development of the currently vacant West parcel with a parking lot will not create a physical division within an established community since the East parcel is already developed with a church. In addition, the southern portion of the both the East and West parcels will be permanently preserved as a separate open space lot. Therefore, no impact is anticipated. b-c) Less than Significant Impact. The East parcel (APN 215-841-07), 6,77 acres in size, has a split General Plan Land Use designation of Residential Medium Density (RM, 4-8 du/ac) and Open Space (OS) and a Zoning designation of P-C, Planned Community. The parcel is also located within the Mello I -36-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 Segment of the Local Coastal Program and the boundaries of the Aviara Master Plan (MP 177). The property is currently developed with a 11,600 SF church, 6,200 SF accessory classroom/administrative office building and an associated parking lot. A 9,000 SF addition to the accessory building, which was approved in 2012, is currently under construction. The vacant West parcel (APN 215-080-04), 4.53 acres in size, has an existing General Plan Land Use designation of Residential Low-Medium Density (RLM, 0-4 du/ac) and a Zoning designation of L-C, Limited Control, which is a holding zone for undeveloped properties. The property is also located within the Mello 11 Segment of the Local Coastal Program and the boundaries of the Zone 20 Specific Plan. In addition to a number of discretionary applications proposed for the expansion to the church and associated parking lot, legislative actions are proposed for the West parcel. Specifically, the General Plan Land Use Designation and Local Coastal Program (LCP) Land Use designation for the northern half of the West parcel is proposed to remain as RLM while the southern half is proposed to change from RLM to Open Space (OS) to reflect the permanent preservation of the sensitive upland habitat as open space on a separate parcel (via a lot line adjustment). In addition, to allow for the development ofthe conditional use (i.e., church) and associated parking lot on the West parcel, a zone change is proposed from the current L-C designation to R-l, One-Family Residential and OS, Open Space. The R-l designation implements the RLM General Plan Land Use designation and the OS Zoning designation will coincide with the proposed OS General Plan Land Use designation. As the West parcel (APN 215-080-04) is located in the Mello 11 segment ofthe coastal zone and a Zone Change and General Plan Amendment are proposed, a Local Coastal Program Amendment (LCPA) is also proposed to provide consistency between the land use documents. Approval from the California Coastal Commission will be required for the LCPA. As discussed in Section IV of this document (Biological Resources), the project is compatible with the City's Habitat Management Plan. In addition, the project is in compliance with the Airport Land Use Compatibility Plan (see Section VIII, Hazards and Hazardous Materials) as well as the Zone 20 Specific Plan and Aviara Master Plan. Therefore, impacts associated with Land Use and Planning are considered to be less than significant. XI. MINERAL RESOURCES tiaily cant impact han cant with icorporated ian cant Impact ti re o. Would the project: Poten digniTi LesstI Signifi Mit. Ir LesstI Signi'H Nolm a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? • • • b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? • • • m -37-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 a-b) No Impact. Carlsbad is devoid of non-renewable energy resources. Mineral resources within the City are no longer being utilized and extracted as exploitable natural resources. Therefore, no mineral resource impacts will occur as a result of any project. (MEIR 93-01, page 5.13-1) XII. NOISE entially lificant Impact 5 than lificant with :. incorporated sthan lificant Impact Impact Would the project result in: Pot Sigi sn Sb — ii K S « u J vt o z a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? • • • b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? • • K Kl c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? • • • d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? • • K • 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? • • Kl • f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? • • • a) Less than Significant Impact with Mitigation Incorporated. Construction/Short-Term Impacts Grading for the development of the proposed project includes 5,150 cubic yards of cut and 2,150 cubic yards of fill, resulting in a total of 3,000 cubic yards of export. Construction of the project would generate a temporary increase in noise in the project area. The increase in noise level would be primarily experienced closest to the noise source. The magnitude of the impact would depend on the type of construction activity, noise level generated by various pieces of construction equipment, duration ofthe construction phase, and distance between the noise source and receiver. Construction activity and delivery of construction materials and equipment would be limited to non- holidays, between 7:00 a.m. to 6:00 p.m., Monday through Friday, and between 8:00 a.m. and 6:00 p.m. on Saturday. This project would utilize conventional construction techniques and equipment. Standard equipment such as scrapers, graders, backhoes, rollers, loaders, tractors, cranes, and miscellaneous trucks would be used for construction of a majority of the project facilities. Sound levels of typical construction equipment range from approximately 65 dBA to 95 dBA at 50 feet from the source (U.S. Environmental Protection Agency [U.S. EPA] 1971). The average sound levels (CNEL) would be expected to be less than estimated because of downtime that typically occurs during construction. Construction -38-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 activity would occur during allowable times, in compliance with Section 8.48.010 of the City of Carlsbad Municipal Code. As noise impacts associated with construction are temporary in nature, no potentially significant noise impact related to construction would occur. Future Condition- Traffic and Project-Generated Noise The existing church as well as the proposed sanctuary, are setback approximately 50 feet from Poinsettia Lane, which is designated as a Major Arterial road pursuant to the city's General Plan. Pursuant to the Future Noise Exposure Contour Map of the City's Noise Guidelines Manual, properties located adjacent to Poinsettia Lane will be subject to noise up to 70 dB as a result of projected traffic along the corridor. As identified in the Manual, churches are required to meet an interior noise standard of 45 dBA. Therefore, in order to reduce impacts associated with interior noise to a less than significant level, mitigation is required. As a majority of the church activities are proposed to be located inside, impacts to the adjacent residential land uses to the east and west are not anticipated. However, the proposed screen wall located adjacent to the southwest corner of the expanded parking lot will assist is reducing any noise impacts associated with vehicle parking and circulation. Therefore, a less than significant impact is anticipated. Mitigation Measure: NOISE-1. Prior to issuance of the building permit, an acoustical analysis consistent with City standards shall be prepared by a registered professional to demonstrate that the proposed building design will limit interior noise for the church to 45 dBA. The buiiding plans shall incorporate the recommendations in the report to satisfy the requirements. b&d) Less than Significant Impact. The anticipated grading operations associated with the proposed project will result in a temporary and minor increase in groundbourne vibration and ambient noise levels. Following the completion of demolition, grading, and construction activities, ambient noise level and vibrations are expected to return to pre-existing levels. Therefore, impacts are considered to be less than significant. c) No Impact. The project will not result in a substantial permanent increase in the ambient noise. Therefore, no impact is anticipated. e) Less than Significant Impact. The McClellan-Palomar Airport is located approximately one mile north of the subject site. Pursuant to the McClellan-Palomar Airport Land Use Compatibility Land Use Plan (ALUCP), the project is located within Review Area 2 of the Airport Influence Area (AIA) as well as Safety Zone 6, Traffic Pattern Zone. Pursuant to Table 111-2 of the ALUCP, a large indoor assembly area with a seating capacity greater than 1,000 people is a conditionally compatible land use in Safety Zone 6. As such, pursuant to the ALCUP, one additional exit is required for every 1,000 people. The Uniform Building Code (UBC) currently requires a total of four exits for the proposed assembly building. The proposed assembly building has been designed with five exits; therefore, the project complies with the requirements of the ALUCP. In addition, while the project is located within Airport Overflight Notification Area ofthe ALUCP, an overflight notification is not required to be recorded on title since the proposal does not include new residential development. Finally, the project site is located outside of -39- Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 any noise contour lines which can limit certain land uses from being developed. Therefore, a less than significant impact is anticipated. f) No Impact. The proposed project is not located in the vicinity of a private airstrip. Therefore, no impact is assessed. XIII. POPULATION AND HOUSING sntially nificant Impact sthan nificant with t. Incorporated sthan nificant Impact Impact Would the project: a. i7) Les Sigi Mit Z tf) o z a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? • • • m b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? • • • c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? • • • a-c) No Impact. The proposal to construct a new sanctuary and expand the parking lot at the Daybreak Church campus will not induce growth nor will it displace substantial numbers of people or housing. The proposed change in the General Plan Land Use and zoning designations are to accommodate the conditional church use and to designate the south portion ofthe West parcel as open space. No impacts are created or anticipated. -40-Inltial Study "3) Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 y t Impact twith porated t Impact XIV. PUBLIC SERVICES entiall lificanl sthan lificanl t. Incor sthan nifican ts re a E Would the project: o OS Q. (A 2-^1 .2 tfl o z a) Result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any ofthe public services: i. Fire protection? • • • Kl ii. Police protection? • • • Kl iii. Schools? • • • Kl iv. Parks? • • • m V. Other public facilities? • • • M a.i-a.v) No Impact. While the public service demands for the proposed church expansion will increase, it will not significantly affect the provision and/or availability of public services (i.e., fire protection, police protection, schools, parks, etc.). Furthermore, the proposed project shall be subject to the conditions and facility service level requirements within the Local Facilities Management Plan for Zones 19 and 20. As a result, no impact is assessed to public services. XV. RECREATION Potentially Significant Impact Uss than Significant with Mit. Incorporated Uss than Significant Impact No Impact 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? • • • K b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? • • • a) Wo Impact. The project site does not currently accommodate any private recreational facilities, nor does the proposed church expansion include recreational facilities. In addition, given the proposed church use, the project would not increase the use of existing neighborhood parks. Further, because the existing and proposed church use is not considered to be residential or commercial development, an in- lieu park fee is not required. Therefore, no impact is assessed. -41-Initial Study 6g Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 XVl.TRANSPORTATION/TRAFFIC Would the project: Potentially Significant Impact Less than Significant with Mit. Incorporated Uss than Signiflcant Impact No Impact a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? • • K • b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? • • • 13 c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? • • • 13 d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? • • Kl • e) Result in inadequate emergency access? • • • K f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? • • • 13 a) Less than Significant Impact. Pursuant to the city's Growth Management Program (GMP) circulation standards, no road segment or intersection in the zone or any road segment or intersection outside of the zone which is impacted by development within the zone, shall be projected to exceed a level of service (LOS) "D" during peak hours. To analyze the proposed project's compatibility with the GMP threshold, a Traffic Impact Analysis (TIA) was prepared by Linscott, Law & Greenspan (May, 2013). As discussed in the TIA, the existing street network in the project area consists of Poinsettia Lane, an east-west, four-lane Major Arterial road, as well as Fisherman Drive and Ambrosia Lane, unclassified roadways. Each of these road segments and intersections is currently operating at a Level of Service (LOS) A during the PM commuter peak hour during the weekdays and the AM peak hour (9:30-11:30 a.m.) for the Sunday church service. Based on the proposal to add a 1,010-seat worship center to the property, the project is projected to generate 249 average daily trips (ADTs) on a weekday PM peak hour and 1,718 ADTs during the AM peak Sunday service (i.e., between 9:30-11:30 AM). Pursuant to Tables 8-1, 8-2, 9-1 and 9-2 of the TIA, no significant impacts were calculated for the weekday PM peak hour or AM Sunday service (i.e.. Existing + Project scenarios) for the affected segments and intersections. While the increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to -42-Initial Study r a Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 accommodate traffic from the project and cumulative development in the City of Carlsbad. The proposed project would not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity ofthe street system. Therefore, a less than significant impact is anticipated. b) Wo Impact. In 2009 the congestion management agency (SANDAG) employed an "opt out" option defined in Assembly Bill (AB) 2419. The congestion management program is no longer relevant to development in the City of Carlsbad. c) Wo Impact. The proposed project does not include any aviation components. Therefore, it would not result in a change of air traffic patterns or substantial safety risks. No impact assessed. d) Less than Significant Impact. Due to neighborhood concerns regarding the addition of a new driveway access point off of Fisherman Drive and the impact it may have on the adjacent residential subdivision to the south, the TIA included a Queuing Analysis. In addition, the alternative of adding the new driveway off of Poinsettia Lane instead of Fisherman Drive was studied. As concluded in the TIA, a new driveway off of Poinsettia Lane could not be supported due to the lack of adequate intersection spacing as well as concerns regarding adding a new ingress/egress point along a Major Arterial with a high speed of travel. Further, native upland habitat would need to be removed for the addition of a driveway off of Poinsettia Lane. In addition, pursuant to Table 9-3 of the TIA, it was concluded that the project would not cause queues to exceed the available storage or add more than five (5) vehicles or 125 feet of queue. Therefore, the project would not adversely affect the operations along Fisherman Drive or at the intersection of Poinsettia Lane and Fisherman Drive. The applicant has designed the egress point of the driveway off of Fisherman Drive to include a small concrete island which precludes vehicles from turning left or going straight (i.e., through the Redeemer by the Sea property to the west) when exiting the development. All other project circulation improvements will be designed and constructed to City standards and would not result in design hazards. Therefore, a less than significant impact is anticipated. In addition, with the proposed General Plan Amendment and Zone Change, the proposed project will be consistent with the City's general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. Therefore, no impact assessed. e) Wo Impact. The addition of a second driveway to the Daybreak Community Church property will improve emergency access to and from the site. In addition, the proposed project has been designed to address the emergency requirements of the Fire and Police Departments. Therefore, no impact is assessed. f) Wo Impact. The proposed project is not served by nor is it located in an area conducive to public transportation. However, as required by the 2013 Green Building Code, bike racks have been incorporated into the project design. Therefore, no impact is assessed. -43- Initial Study 1^0 Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 XVII. UTILITIES AND SERVICE SYSTEMS >ntially lificant Impact Ithan lificant with , Incorporated ; than liflcant Impact Impact Would the project: o <» a. in Uss Sign Mit. Less Sigr o z a) Exceed wastewater treatment requirements ofthe applicable Regional Water Quality Control Board? • • • b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? • • • m c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? • • • m d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? • • • K e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? • • • 13 f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? • • • M g) Comply with federal, state, and local statutes and regulations related to solid waste? • • • a-g) No Impact. The East and West parcels are located within the boundaries of Local Facilities Management Plan (LFMP) Zones 19 and 20, respectively. The proposed expansion to the Daybreak Community Church campus is also located within the service boundaries of the Carlsbad Municipal Water District for water and sewer services. Adequate water supply and sewer treatment capacity exists to serve the proposed project. In addition, the proposed project will be required to comply with all Regional Water Quality Control Board Requirements. One new private storm drain is proposed in association with the church expansion project. No new water or wastewater treatment facilities are proposed or required. All proposed public facilities, including water, wastewater, and drainage facilities, have been designed to accommodate the proposed project. In addition, the proposed project will be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs and the project will comply with federal, state, and local statutes and regulations related to solid waste. Therefore, no impact is assessed. -44-Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 XVIII. MANDATORY FINDINGS OF SIGNIFICANCE Would the project: Potentially Significant Impact Uss than Significant with Mit. Incorporated Uss than Signiflcant Impact No Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? • 13 • • b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) • • ^ • c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? • Kl • • a) iess than Significant Impact with Mitigation Incorporated. As outlined in the Biological Resources section of this report, the project's required mitigation reduces impacts to sensitive native habitat and wildlife species to a less than significant level. In addition, the project is consistent with the city's Habitat Management Plan (HMP). Further, the implementation of the HMP provides mitigation for cumulative biological impacts as it allows for the adoption of a long-term biological preserve system throughout the City. Therefore, there will be no cumulative impacts to sensitive habitat or wildlife communities. In addition, given the minimal grading proposed as well as the fact that development is occurring on a previously-grading pad, no impacts are anticipated to important examples of California history or prehistory. b) iess than Significant Impact. The San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local General Plan Land Use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. However, the air quality would be essentially the same whether or not the -45-Initial Study (^2 Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 development is implemented. In addition, while the incremental increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic in the short-term as well as build-out in the City of Carlsbad. Therefore, the cumulative impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project. City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. c) iess than Significant Impact with Mitigation Incorporated. As outlined in the Noise section of this document, mitigation measures are required to reduce environmental impacts which may cause substantial adverse effects on human beings, either directly or indirectly, to a less than significant level. In addition to the mitigation measures, the project will be designed to comply with all applicable Federal, State, Regional and City regulations, which will ensure that development of the site will not result in adverse impacts on human beings, either directly or indirectly. -46- Initial Study lp6 Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Division located at 1635 FaradayAvenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01), City of Carlsbad Planning Division, March 1994. 2. Aviara Phase III, Environmental Impact Assessment, City of Carlsbad Planning Division, September 30,1993. 3. Carlsbad General Plan, City of Carlsbad Planning Division, dated March 1994, as updated. 4. City of Carlsbad Municipal Code (CMC), Title 21 Zoning, City of Carlsbad Planning Division, as updated. 5. Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), City of Carlsbad Planning Division, November, 2004. 6. San Diego Regional Airport Authority/San Diego County Airport Land Use Commission. McClellan- Palomar Airport Land Use Compatibility Plan (ALUCP). Amended December 1, 2011. 7. Cultural and Paleontological Resource Inventory for the Proposed Daybreak Church Expansion Project, Dudek, June 21, 2013. 8. Geotechnical Update Report Proposed Phase III and Phase IV Daybreak Community Church, Vinje & Middleton Engineering, Inc., November 30, 2011. -47- Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 9. Greenhouse Gas Study. Rincon Consultants, Inc., July, 2013. Preliminary Hydrology Study for Daybreak Church Phase IV. Hofman Planning & Engineering, October, 2013. 10. Preliminary Storm Water Management Plan for Daybreak Church Phase IV, Hofman Planning & Engineering, October 2013. 11. Traffic Impact Analysis, Linscott, Law & Greenspan, May 13, 2013. 12. Biological Technical Report, HELIX Environmental Planning, February 24, 2014. -48- Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 LIST OF MITIGATING MEASURES AESTHETICS 1: Prior to the issuance of building permits for the proposed parking lot on the subject West parcel (APN: 215-080-04), the applicant shall submit a lighting plan to the City Planner for approval. The lighting plan shall indicate the location of proposed light standards and poles (in exhibit form), along with detailed information outlining illumination and lighting fixture design with the objective of providing adequate and safe parking lot lighting that does not impact residential properties or native upland habitat adjacent to the project. Specifically, the lights shall be shielded downward (i.e., away from the adjacent native habitat and residential uses), shall be low pressure sodium, and shall be on a timer such that the lighting is turned off no later than 9:30 p.m. AGRICULTURAL 1: Prior to the issuance of the grading permit, an Agricultural Conversion Mitigation Fee shall be paid for the conversion of 2.26 acres of non-prime agricultural land on APN 215-080-04 to urban uses. BIO 1: Prior to recordation ofthe Lot Line Adjustment, the project applicant shall dedicate on the Final Map an open space and conservation easement over the 3.9-acre Open Space Lot to prohibit any encroachment, development, grading, or alterations within the Lot. BIO 2: Prior to recordation of the Lot Line Adjustment, a revegetation plan shall be submitted and approved by the City Planner to mitigate for the loss of 0.05 acres of Diegan coastal sage scrub (CSS) by creating 0.05 acres of CSS and preserving the remaining 0.82 acres of CSS in the Open Space Lot. BIO 3: Prior to the 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 City Planner in relation to the proposed 3.9-acre Open Space lot, which is 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, which possesses qualifications to manage the open space lot and open space easement areas 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 in perpetuity in accordance with the requirements ofthe 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 City Planner and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot in perpetuity; and d. Prepare a Preserve Management Plan which will ensure adequate management of the open space lot in perpetuity. BIO 4: Prior to recordation of the Lot Line Adjustment, the developer shall dedicate an open space easement over the 20 foot-wide habitat buffer area and the isolated patch of Diegan coastal sage scrub located in between the new parking lot and the northern property line to prohibit any encroachment, development, grading, alterations, including the clearing of vegetation, unless required by the Fire Department. BIO 5: No clearing, grubbing, grading or other construction activities shall occur onsite during the avian nesting season (February 15 through August 30), unless a qualified biologist confirms, through a -49- Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 documented survey immediately prior to clearing activities, that no nesting gnatcatchers or other sensitive bird species will be impacted. BIO 6: Construction noise that could affect migratory songbirds and other species associated with the sensitive habitat area shall be avoided. In order to ensure compliance, grading shall be avoided during the avian nesting season (February 15 through August 30). If a grading permit is required, this restriction can be waived by the City of Carlsbad, with concurrence from the Wildlife Agencies (USF&W, CDF&G), upon completion of a breeding/nesting bird survey in accordance with the Migratory Bird Treaty Act. If nests are present, no grading or removal of habitat may take place within 500 feet of active nesting sites during the nesting/breeding season (February 15 through August 30). A buffer zone will be established around any identified nests in coordination with the monitoring biologist. No construction activities shall occur within any portion of the site where they would result in noise levels exceeding 60 dB(A) hourly average at the edge of CSS. BIO 7: Fire Management: All fire management activities shall occur completely within the development boundaries and shall not occur within any of the HMP open space conservation areas or open space easement. Landscaping within the HMP buffer shall include low-fuel native species in compliance with the HMP. BIO 8: 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 and open space easement 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. BIO 9: Landscaping Restrictions: The Final Landscape plans for the 20-foot-wide HMP buffer adjacent to the HMP open space preserve/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 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 runoff from spreading into the preserve. In addition, the use of cultivars of native species shall be prohibited to avoid genetic contamination ofthe native plant species in the preserve. BIO 10: Fencing, Signs and Lighting: Prior to the release of grading securities, a five foot tall black vinyl- coated chain link fence shall be constructed along the northern boundary of the Open Space lot to discourage the access of humans into the HMP open space conservation areas. Signage shall be installed on the fence at consistent intervals to educate and inform the public about the goals of HMP Preserve and to prohibit public access. Lighting in the parking lot adjacent to the HMP preserve shall be of a minimum necessary for safety and security, and shall be shielded and directed to shine downward and not into the preserve area. Owner lighting restrictions shall be included in the administration office ofthe church. -50- Initial Study Daybreak Community Church GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 BIO 11: Exotic Species Control: The project shall not use any non-native, invasive plant species in the landscaping adjacent to the HMP Preserve. NOISE-1. Prior to issuance of the building permit, an acoustical analysis consistent with City standards shall be prepared by a registered professional to demonstrate that the proposed building design will limit interior noise for the church to 45 dBA. The building plans shall incorporate the recommendations in the report to satisfy the requirements. -51-Initial Study f—' \ flf") o - = < E (TJ CUD o Q. 1X0 O a a; QC ru o o Ofl fN o 00 CTI o cb o a. o u to o I o o Q. Z5 U UD O I o o D. Q u o 3 rvi 5? < >• Ci. .tt u C —1 p ^ c o £ O t-1 u ro OO 3 ?:^ =3 .Q ' ^ >. m I/) 5 S .. CL UJ UJ O b o cc a. CL < < z UJ UJ 3 o cc CC D. a. 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S o lO 01 00 re Q. 00 o 00 c o ca. 01 •c T3 C ro 00 c c o c o ro 00 EXHIBIT "ADDM" ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR DAYBREAK COMMUNITY CHURCH GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 The purpose of this Addendum to the Mitigated Negative Declaration is to describe a revision to the Mitigation Monitoring and Reporting Program associated with the Daybreak Community Church project, and to state the determination that this revision does not create any new significant environmental effects, that none ofthe conditions contained in Section 15162 ofthe California Environmental Quality Act (CEQA) have occurred, and that a subsequent Mitigated Negative Declaration is not required. The revision contained in this addendum adds Mitigation Measure No. CULTURAL-1 to the Mitigation Monitoring and Reporting Program. The following additional mitigation measure shall be included: CULTURAL 1 Archeological mitigation measures shall be implemented asfoltows: a. Prior to the issuance of grading permits, the owner/developer shalt 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 quatified archeotogist to oversee and implement the cutturat resources mitigation measures as discussed herein. Verification shaii be documented by a letter from the property owner/developer and the archeotogist to the City of Carlsbad City Planner. c. Prior to commencement of grading, a qualified archeologist and Native American Monitor and/or representative of the San Luis Rey Band of Mission Indians shall be present at the pre- construction meeting to consult with the grading and excavation contractors. d. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during brushing, grading, and/or construction activities, the archeologist, in coordination with the Native American Monitor, shall be empowered to suspend work in the immediate area ofthe discovery until such time as a data recovery plan can be developed and implemented. e. The discovery of any resource shalt be reported to the City of Carlsbad City Planner prior to any evaluation testing. f 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. This revision is not considered substantial or significant as it relates to the environmental effects associated with the project, or the conditions contained in Section 15162 of CEQA, and a subsequent Mitigated Negative Declaration is not required. r\ A ^/L Date Don Neu City Planner PLANNING COMMISSION RESOLUTION NO. 7056 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF: 1) AN 4 AMENDMENT TO THE LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN TO CHANGE THE 5 GENERAL PLAN LAND USE DESIGNATION FROM RESIDENTIAL LOW- MEDIUM DENSITY (RLM) TO RLM AND OPEN SPACE (OS) AND 2) A ZONE 6 CHANGE FROM LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-l) AND OPEN SPACE (OS) ON A 4.53-ACRE SITE LOCATED ON THE SOUTHEAST CORNER OF FISHERMAN DRIVE AND POINSETTIA LANE, WITHIN THE MELLO 11 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: DAYBREAK COMMUNITY CHURCH CASE NO.: GPA 13-01/ZC 12-04 WHEREAS, Daybreak Community Church of Coastal North County, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property described as 7 8 9 10 11 12 „ Western Parcel. APN 215-080-04 13 East Yz of the northeast quarter of the southwest quarter of the southeast quarter of Section 22, Township 12 South, Range 4 West San 14 Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, as shown on Record of Survey 17470 15 16 17 18 attached hereto and on file in the Carlsbad Planning Division, DAYBREAK COMMUNITY CHURCH- GPA 20 13-01/ZC 12-04, as provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the 21 Carlsbad Municipal Code and as provided by Chapter 21.52 of the Carlsbad Municipal Code, 22 respectively; and 23 WHEREAS, the proposed Zone Change is set forth in the draft City Council Ordinance, 24 EXHIBIT "X" dated June 4, 2014, and attached hereto DAYBREAK COMMUNITY CHURCH- ZC 12-04; and 2^ WHEREAS, the Planning Commission did on June 4, 2014, hold a duly noticed public hearing as prescribed by law to consider said request; and 27 28 ("the Property"); and WHEREAS, said verified application constitutes a request for a General Plan Amendment and Zone Change as shown on Exhibits "GPA 13-01" and "ZC 12-04" dated June 4, 2014, 1 2 3 4 5 6 7 15 16 17 26 27 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 General Plan Amendment and Zone Change. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. g C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of DAYBREAK COMMUNITY CHURCH- GPA 13-01/ZC 12-04, g based on the following findings, and subject to the following conditions: IQ Findings: 11 General Plan Amendment, GPA 13-01 12 1. The Planning Commission finds that the project is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated June 4, 2014 including, 13 but not limited to the following: a. Land Use/Open Space - in that the proposed change in the General Plan Land Use designation for the western parcel (APN 215-080-07) from Residential Low-Medium Density (RLM) to RLM and Open Space (OS) is based on the environmental constraints of the property. Specifically, the Habitat Management Plan requires high-priority resources such as the existing sensitive upland habitat located on the southern 1.66 acres of the western lot to be placed within a conservation easement and will allow for the long-term preservation of the sensitive upland habitat. The existing RLM designation, which will 23 remain on the northern 2.87 acres of the western parcel, allows for conditional uses such as the proposed sanctuary and expanded parking lot. 19 b. Circulation - The proposed expanded parking lot includes a new access driveway off of 20 Fisherman Drive which is consistent with Fire and Engineering Department circulation requirements. To further facilitate egress for vehicles exiting the new parking lot, a 21 channelized island is proposed in the middle of the driveway which will require vehicles to turn right and will preclude drivers from turning left on Fisherman Drive as well as going 22 straight through to the Redeemer by the Sea church to the west. All roadways (including curb, gutter, and sidewalk) needed to serve the development will be dedicated and 23 constructed prior to, or concurrent with, site development. 24 c. Noise - To address the interior noise requirements, a noise study will be required prior to the issuance of building permits to demonstrate that the proposed building design will adequately attenuate the interior noise level to 45 CNEL. Zone Change, ZC 12-04 2. That the proposed Zone Change from Limited Control (L-C) to One-Family Residential (R-l) 23 and Open Space (OS) is consistent with the goals and policies of the various elements of the PC RESO NO. 7056 -2- 1 „ General Plan, in that R-l and OS zoning designations replace the L-C zoning designation, 2 which is intended to be an interim zone, and implement the proposed Residential Low Medium Density (RLM) and Open Space (OS) General Plan Land Use designations, as well as 3 the Zone 20 Specific Plan (SP 203(D). The R-l designation allows for churches with a conditional use permit and the 0-S designation allows for the sensitive upland habitat to be 4 permanently preserved and managed through a conservation easement, That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the zone designations shown on Exhibit "ZC 12-04" attached hereto, implement the .J, General Plan Land Use designations of Residential Low-Medium Density (RLM) and Open Space (OS), 8 That the Zone Change is consistent with the public convenience, necessity, and general welfare, 9 and is consistent with sound planning principles in that residential and open space uses allowed by the proposed zone change are compatible with the adjacent and future residential, 10 community facility and open space uses. 11 California Environmental Quality Act 12 5. The Planning Commission of the City of Carlsbad does hereby find: 13 14 15 16 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum for DAYBREAK COMMUNITY CHURCH- GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06{C)/CUP 00- 06(C)/CDP 00-09(C)/HMP 13-02, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and 17 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum has been prepared in accordance with requirements of the California 18 Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 19 it reflects the independent judgment of the Planning Commission of the City of 20 Carlsbad; and 21 d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 22 23 24 25 26 27 28 PC RESO NO. 7056 -3- General: The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree ofthe exaction is in rough proportionality to the impact caused by the project. 1 2 Conditions: 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented 3 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 4 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 5 granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this General Plan Amendment and Zone Change. g 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment and Zone Change documents, as necessary to g make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed 10 development, different from this approval, shall require an amendment to this approval. 11 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 12 If any condition for construction of any public improvements or facilities, or the payment of any 13 fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such 14 condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 15 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and ^-^ representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, 23 from (a) City's approval and issuance of this General Plan Amendment and Zone Change, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 19 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 20 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 21 continues even if the City's approval is not validated. 22 6. This approval is granted subject to the approval of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, LCPA 12-04, SDP 00-06(C), CUP 23 00-06(0, CDP 00-09(C), and HMP 13-02, and is subject to all conditions contained in Planning Commission Resolutions No. 7055, 7057, 7058 and 7059 for those other approvals incorporated ^4 herein by reference. 25 26 27 28 Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, GPA 13-01/ZC 12- 04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02. PC RESO NO. 7056 -4- 1 2 3 4 5 6 7 8 ' ruJ ^yCj^ 10 —==5*. NEIL BLACK, Chairperson 11 CARLSBAD PLANNING COMMISSION 12 13 14 PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission of the City of Carlsbad, held on June 4, 2014, by the following vote, to wit: AYES: Chairperson Black, Commissioners Anderson, Segall and Siekniann NOES: Commissioner Scully ABSENT: Commissioner L'Heureux ABSTAIN: ATTEST: QLTL DON NEU 1^ City Planner 16 17 18 19 20 21 22 23 24 25 26 27 28 "^-^1 PC RESO NO. 7056 -5- ^> Exhibit "GPA 13-01 •• June 4, 2014 GPA 13-01 Daybreak Community Church OS POINSETTIA LN I RLM OS RLM OS LU, RH EXISTING PROPOSED Related Case File No(s): ZC 12-04/LCPA 12-04/ SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 General Plan Land Use Designation Changes Property From: To: A. 215-080-04 RLM RLM/OS B. C. Exhibit "ZC 12-04" June 4, 2014 ZC 12-04 Daybreak Community Church R-1-Q R-1 OS R-1-Q EXISTING OS R-1-Q POINSETTIA R-1 Ntw |CRt-ST VS TCT J I R-1-Qf -.1 P-C P-C P-C P-C :^NDRI CR yANDRI CR~ ail r^' PROPOSED Related Case File No(s): GPA 13-01/LCPA 12-04/ SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 Zoning Designation Changes Property From: To: A. 215-080-04 L-C R-1/OS B. C. n- 1 „ PLANNING COMMISSION RESOLUTION NO. 7057 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS TO THE CARLSBAD LOCAL COASTAL PROGRAM TO BRING 4 THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND ZONING MAP INTO CONFORMANCE, ON A 4.53-ACRE SITE 5 WHICH IS LOCATED ON THE SOUTHEAST CORNER OF FISHERMAN DRIVE AND POINSETTIA U\NE, WITHIN THE MELLO 11 SEGMENT OF THE LOCAL 6 COASTAL PROGRAM. CASE NAME: DAYBREAK COMMUNITY CHURCH CASE NO.: LCPA 12-04 7 8 9 10 11 12 13 16 17 18 25 26 27 28 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, Daybreak Community Church of Coastal North County, "Owner/Developer," has filed a verified application for an amendment to the Local Coastal Program designations regarding property described as APN 215-080-04 14 East 34 of the northeast quarter of the southwest quarter of the southeast quarter of Section 22, Township 12 South, Range 4 West San 15 Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, as shown on Record of Survey 17470 ("the Property"); and WHEREAS, said verified application constitutes a request for a Local Coastal Program jg Amendment as shown on Exhibit "LCPA 12-04" dated June 4, 2014, attached hereto, as provided in 20 Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, 21 Division 5.5; and 22 WHEREAS, the Planning Commission did on June 4, 2014, hold a duly noticed public 23 hearing as prescribed by law to consider said request; and 24 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 Local Coastal Program Amendment; and WHEREAS, State Coastal Guidelines requires a six-week public review period for any r amendment to the Local Coastal Program. ^ 1 2 3 4 5 6 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission ofthe City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State-mandated six-week review period, starting on May 9, 2014, and ending on June 20, 2014 staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of DAYBREAK COMMUNITY CHURCH - LCPA 12-04 based on g the following findings, and subject to the following conditions: g Findings: 10 1- That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the 11 Mello II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the amendments ensure consistency with the Carlsbad Zoning Ordinance and do not 12 conflict with any coastal zone regulations, land use designations or policies. 13 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required to bring the property's Local Coastal Program Land Use and Zoning Designations into 14 consistency with the proposed General Plan Amendment (GPA 13-01) and Zone Change (ZC 12 04). 15 16 17 18 26 27 3. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum for DAYBREAK COMMUNITY CHURCH- GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00- 06(C)/CDP 00-09(C)/HMP 13-02, the environmental impacts therein identified for this ^g project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and 20 the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 21 a"d Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection 22 Procedures ofthe City of Carlsbad; and 23 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 24 d. based on the EIA and comments thereon, there is no substantial evidence the project 25 will have a significant effect on the environment. 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 degree 23 of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 7057 -2- Conditions: 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented 3 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 4 granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Local Coastal Program Amendment. g 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Local Coastal Program Amendment documents, as necessary to make g them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, 10 different from this approval, shall require an amendment to this approval. 11 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 12 If any condition for construction of any public improvements or facilities, or the payment of any 13 fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such 14 condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 15 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, 23 from (a) City's approval and issuance of this Local Coastal Program Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 19 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 20 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 21 continues even if the City's approval is not validated. 22 6. This approval is granted subject to the approval of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, GPA 13-01, ZC 12-04, SDP 00- 23 06(C), CUP 00-06(0, CDP 00-09(C), and HMP 13-02, and is subject to all conditions contained in Planning Commission Resolutions No. 7055, 7056, 7058 and 7059 for those other approvals incorporated herein by reference. ^5 7. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, GPA 13-01/ZC 12- 26 - - - 27 28 04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02. PC RESO NO. 7057 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission of the City of Carlsbad, held on June 4, 2014, by the following vote, to wit: AYES: Chairperson Black, Commissioners Anderson, Segall and Siekmann NOES: Commissioner Scully ABSENT: Commissioner L'Heureux ABSTAIN: ruJ ^.^^^^^^ NEIL BLACK, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7057 Exhibit "LCPA 12-04" June 4, 2014 LCPA 12-04 (Land Use) Daybreak Community Church EXISTING OS POINSETTIA LN ,./\ J L \ RLM^l OS ^NDR! CR UJ RMH RH PROPOSED Related Case File No(s): GPA 13-01/ZC 12-04/ SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 LCPA Land Use Designation Changes Property From: To: A. 215-080-04 RLM RLM/OS B. C. Exhibit "LCPA 12-04" June 4, 2014 LCPA 12-04 (Zoning) Daybreak Community Church R-1-Q OS POINSETTIA LN R-1 OS R-1-Q P-C C^NDRI CR UJ: EXISTING PROPOSED Related Case File No(s): GPA 13-01/ZC 12-04/ SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 LCPA Zoning Designation Changes Property From: To: A. 215-080-04 L-C R-1/OS B. C. 1 PLANNING COMMISSION RESOLUTION NO. 7058 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN AMENDMENT, CONDITIONAL USE PERMIT 4 AMENDMENT, AND A COASTAL DEVELOPMENTPERMITAMENDMENTTO ALLOW FOR AN EXPANSION TO THE EXISTING DAYBREAK COMMUNITY 5 CHURCH CAMPUS, INCLUDING THE ADDITION OF A 17,391 SQUARE FOOT, 30-FOOT-TALL SANCTUARY AND THE CONSTRUCTION OF AN ^ ADDITIONAL PARKING LOT ON A 11.3-ACRE SITE, COMPRISING TWO PROPERTIES, WHICH ARE BOUNDED BY POINSETTIA LANE TO THE NORTH, AMBROSIA LANE TO EAST AND FISHERMAN DRIVE TO THE WEST, WITHIN THE MELLO 1 AND MELLO II SEGMENTS OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONES 19 AND 20. CASE NAME: DAYBREAK COMMUNITY CHURCH CASE NO.: SDP 00-06(0, CUP 00-06(0. CDP 00-09(0 26 27 WHEREAS, Daybreak Community Church of Coastal North County, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property described as 7 8 9 10 11 12 Eastern Parcel. APN 215-841-07 13 Lot 8 of City of Carlsbad Tract No. 92-3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13434, 14 filed in the Office of the County Recorder of San Diego County, June 23, 1997 15 Western Parcel 1 fi East yi of the northeast quarter of the southwest quarter of the ^.^ southeast quarter of Section 22, Township 12 South, Range 4 West San Bernadino Base and Meridian, in the City of Carlsbad, County of San 2g Diego, State of California, as shown on Record of Survey 17470 12 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Site Development Plan 21 Amendment, Conditional Use Permit Amendment, and a Coastal Development Permit Amendment as 22 shown on Exhibits "A - S" dated June 4, 2014, on file in the Planning Division, DAYBREAK COMMUNITY 23 CHURCH - SDP 00-06(C), CUP 00-06(C), CDP 00-09(C), as provided by Chapters 21.06, 21.42, and 21.201 24 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on June 4, 2014, 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 and 28 j^; ( arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to 1 2 3 4 5 6 7 8 the Site Development Plan Amendment, Conditional Use Permit Amendment, and Coastal Development Permit Amendment; and WHEREAS, on November 15, 2000, the Planning Commission approved, SDP 00-06, CUP 00-06, and CDP 00-09, as described and conditioned in Planning Commission Resolutions No. 4868,4869, and 4870, respectively; and WHEREAS, on October 7, 2009, the Planning Commission approved, SDP 00-06(A), CUP 00-06(A), and CDP 00-09(A), as described and conditioned in Planning Commission Resolutions No. 6639, g 6640, and 6641, respectively; and 10 WHEREAS, on June 6, 2012, the Planning Commission approved, SDP 00-06(B) CUP 00- 11 06(B), and CDP 00-09(B), as described and conditioned in Planning Commission Resolutions No. 6639, 12 6640, and 6641, respectively. 13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of 14 Carlsbad as follows: A) That the foregoing recitations are true and correct. 16 17 B) That based on the evidence presented at the hearing, the Commission RECOMMENDS APPROVAL of the Site Development Plan Amendment, Conditional Use Permit Amendment, and Coastal Development Permit Amendment, SDP 00-06(C), CUP 00-06(C), 23 CDP 00-09(C), for DAYBREAK COMMUNITY CHURCH based on the following findings and subject to the following conditions: 19 20 21 26 27 Findings: Site Development Plan Amendment, SDP 00-06(C) 1. That the requested use is properly related to the site, surroundings and environmental settings, 22 is consistent with the various elements and objectives ofthe General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be 23 located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed project falls within the boundaries of the Aviara Master Plan (eastern parcel, APN 24 215-841-07) and the Zone 20 Specific Plan (western parcel, APN 215-080-04), both of which were found to be consistent with the General Plan and which recognize the need for community ^5 facility uses such as churches in residential areas. The proposal to add a 17,391 square foot, 30- foot-tall sanctuary (with an allowable architectural projection up to 38 feet tall) and expand the parking lot at the Daybreak Community Church campus will not be detrimental to existing uses in that it contributes towards the enhancement of the religious worship facilities and educational activities offered on the campus. In addition, the expanded parking lot and new 2g driveway off of Fisherman Drive will improve circulation on-site and, therefore, will not PC RESO NO. 7058 -2- 7 8 1 ,. adversely affect traffic circulation. In addition, the proposal to create a 3.86-acre Open Space 2 lot, which will be encumbered with a biological conservation easement, allows for the long- term preservation and maintenance of the sensitive upland habitat. The sanctuary and 3 expanded parking lot are appropriately Integrated with the site surroundings, as well as the environmental setting in that the project design complies with the standards and architectural 4 guidelines of the Aviara Master Plan, Zone 20 Specific Plan and compliments the existing Spanish Mediterranean architecture for the Daybreak Community Church campus. 5 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that ^ the subject 11.3-acre site is adequate in size and shape to accommodate the proposed sanctuary and expanded parking lot, and, with exception to the side yard setback for the western parcel (4' provided instead of the minimum 10") and the storage screen wall height (6'8" proposed instead of the maximum 6'), the proposed uses comply with required development and design standards of the Aviara Master Plan, Zone 20 Specific Plan and the R-l Zone. In order to g minimize grading, the proposed sanctuary has a stepped-pad which complements the existing topographical difference between the eastern and western lots. Further, the proposed height IQ of 30 feet (with an allowable architectural projection up to 38 feet tall) Is consistent with the 30-foot height limitation established for Planning Area 32b of the Aviara Master Plan (eastern 11 parcel) and the R-l zone (western parcel). 12 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and 13 maintained, in that, with exception to the side yard setback for the western parcel (4' provided instead of the minimum 10') and the storage screen wall height (6'8" proposed instead of the 14 maximum 6'), the proposed sanctuary and expanded parking lot comply with the required development and design standards of the Aviara Master Plan, Zone 20 Specific Plan and the R- 15 1 Zone. The proposed sanctuary function is an allowable conditional use pursuant to Area 32b of Aviara Master Plan and the Zone 20 Specific Plan. In addition, the proposed additional access 1^ driveway off of Fisherman Drive will improve circulation within the Daybreak Church campus. Finally, a 20-foot-wide habitat buffer, as required pursuant to the Habitat Management Plan is 1provided between the 3.86-acre Open Space lot and the edge of the development envelope. 18 4. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that primary access to the site will continue to be provided 19 by a private driveway located off of Ambrosia Lane, as well as a new driveway proposed off of Fisherman Drive. Pursuant to the Mitigated Negative Declaration prepared for the proposed 2(^ project, the traffic impacts associated with the new development, 249 weekday PM Average Daily Trips (ADTs) and 1,717 Sunday AM ADTs, will not adversely impact the levels of service of the surrounding roadways and key intersections, which will remain operating at an acceptable level of service. In addition, to facilitate ingress and egress for the driveway proposed off of Fisherman Drive, a channelizing island is proposed in the middle of the driveway to require drivers to turn right. The addition of this island will preclude drivers from turning left onto Fisherman Drive, as well as going straight through to the Redeemer by the Sea church property to the west. 21 22 23 24 25 5. That the requested use is necessary or desirable for the development of the community, and is in 26 harmony with the various elements and objectives ofthe general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the existing Daybreak Community Church provides religious worship, educational activities, and other services to the residents of the Aviara community. The City's General Plan, Aviara Master Plan, Zone 20 PC RESO NO. 7058 -3- Conditional Use Permit Amendment, CUP 00-06(C) 1.. Specific Plan, and the Mello I and II Segments of the Local Coastal Program recognize the need 2 for this type of use and the proposed use is consistent with the these documents regarding the location of uses for religious public assembly in residential neighborhoods. In addition, the 3 proposed expansion to the church campus, including the new parking lot, is a benefit and service to the members of the parish and is open to the community. Finally, the proposal to 4 permanently preserve 3.86 acres of sensitive upland habitat In a separate Open Space lot meets a number of goals and policies in the General Plan with respect to preservation of open space 5 and is also consistent with the Habitat Management Plan. 6 7 8 That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed 17,391 square foot, 1,010- seat sanctuary and expanded parking lot are conditionally permitted uses in the R-l zone and are designed to be compatible with the existing residential uses in the neighborhood. The project site has been designed to accommodate all required parking on-site and provides for g adequate traffic circulation, which includes the addition of a new driveway, with access off of Fisherman Drive. The site is separated from the surrounding multi-family and single-family 10 residential uses by public streets. Circulation Element roadways, open space, variable topography, and project landscaping. In addition, to minimize impacts to the adjacent 11 residential community to the west, a screen wall is provided around the outdoor storage area and the western edge of the expanded parking lot and a mitigation measure is proposed to 12 require that all of the parking lot lighting be shielded downward and on a timer such that the lights will be turned off by 9:30 p.m. 13 7. That the site for the proposed conditional use is adequate in size and shape to accommodate the 14 yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, planning 15 commission or city council, in order to integrate the use with other uses in the neighborhood, in that the subject 11.3-acre site is adequate in size and shape to accommodate the proposed 1^ sanctuary and expanded parking lot, and, with exception to the side yard setback for the western parcel (4' provided instead of the minimum 10') and the outdoor storage area screen wall height (6'8" proposed Instead ofthe maximum 6'), the proposed uses comply with required development and design standards of the Aviara Master Plan, Zone 20 Specific Plan and the R- 1 Zone. The proposed landscaping will help soften the wall as well as the parking lot as viewed 2g from the west. In order to minimize grading, the proposed sanctuary has a stepped-pad design which complements the existing topographical difference between the eastern and western 20 lots. Further, the proposed height of 30 feet for the sanctuary (with an allowable architectural projection up to 38 feet tall) is consistent with the 30-foot height limitation established for 21 Planning Area 32b of the Aviara Master Plan (eastern parcel) and the R-l zone (western parcel). Finally, a 20-foot-wide habitat buffer, as required pursuant to the Habitat Management Plan is 22 provided between the 3.86-acre Open Space lot and the edge of the development envelope. 23 8. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that primary access to the site will continue to be provided 24 by a private driveway located off of Ambrosia Lane, as well as a new driveway proposed off of Fisherman Drive. Pursuant to the Mitigated Negative Declaration prepared for the proposed 25 project, the traffic impacts associated with the new development, 249 weekday PM Average Daily Trips (ADTs) and 1,717 Sunday AM ADTs, will not adversely impact the levels of service of the surrounding roadways and key intersections, which will remain operating at an acceptable level of service. In addition, to facilitate ingress and egress for the driveway proposed off of Fisherman Drive, a channelizing island is proposed in the middle of the driveway to require drivers to turn right. The addition of this island will preclude drivers from turning left onto PC RESO NO. 7058 -4- 17 18 26 27 28 1 „ Fisherman Drive, as well as going straight through to the Redeemer by the Sea church property 2 to the west. 3 Coastal Development Permit Amendment, CUP 00-09(C) 4 9. That the proposed development is in conformance with the Mello I (eastern parcel, APN 215- 841-07) and Mello II (western parcel, APN 215-080-04) Segments of the Certified Local Coastal 5 Program (LCP) and all applicable policies in that, the proposed sanctuary and expanded parking lot at Daybreak Community Church is consistent with the LCP Land Use Plan, which designates 6 the eastern parcel as Residential Medium Density (RM) and Open Space (OS) and the western parcel as Residential Low-Medium Density (RLM) and allows churches as conditionally- permitted uses in residentially-designated areas. No development is proposed in the portion of the lot which is currently designated as Open Space nor in the area which is proposed to be designated as Open Space. The proposed 30-foot-tall sanctuary is compatible with the surrounding predominantly two-story residential uses in the neighborhood. Furthermore, no agricultural activities, sensitive resources, geological instability, flood hazard, or coastal access IQ opportunities exist onsite, and the sanctuary does not obstruct views of the coastline as seen from public lands or public right-of-way nor otherwise damage the visual beauty of the coastal 11 zone. 12 In addition, pursuant to Map "X" of the LCP, the western parcel, APN 215-080-04, is designated as "Non-Prime Agricultural Lands" and is, therefore, subject to the agricultural conversion 13 mitigation fee. The fee is intended to mitigate for the loss of land which was historically used for the production of agriculture. Consequently, a mitigation measure has been included to 14 require an agricultural conversion mitigation fee for the conversion of 2.26 acres of agriculture to urban uses, which will mitigate the loss of agricultural resources by preserving or enhancing 15 other important coastal resources. The 2.26 acres includes the development envelop on the western parcel but excludes the area which is proposed to be permanently dedicated Open Space. 7 8 9 16 17 10. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project site is located approximately 1.3 miles from the Batiquitos Lagoon and Pacific Ocean. Therefore, the project will not interfere with the public's right to physical access to the ocean and the site is not suited for water-oriented recreation activities. 19 20 21 11. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to 22 avoid increased urban runoff, pollutants, and soil erosion. Furthermore, no steep slopes will be affected and the project site is not located in an area prone to landslides, or susceptible to 23 accelerated erosion, floods or liquefaction. The 0.05 acres of sensitive upland habitat (Diegan coastal sage scrub) will be mitigated on-site and a 3.86-acre Open Space parcel is proposed to 24 be created which will allow for the long-term management and preservation of the habitat. 25 12. The project complies with the requirements of the Coastal Agricultural Overlay Zone as the project includes a mitigation measure which requires the payment of an agricultural conversion 26 mitigation fee of $10,000/acre to develop 2.26 acres of the western parcel (APN 215-080-04) with urban uses. 27 " 28 PC RESO NO. 7058 -5- 1 „ 13. The project is not located between the sea and the first public road parallel to the sea and 2 therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 ofthe Zoning Ordinance 3 " 4 5 6 7 21 22 23 24 25 California Environmental Quality Act 14. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum for DAYBREAK COMMUNITY CHURCH- GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02, the environmental impacts therein identified for this project and any comments thereon prior to g RECOMMENDING APPROVAL of the project; and g b. the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, have been prepared in accordance with requirements of the California 10 Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment ofthe Planning Commission of the City of Carlsbad; and 11 12 „ d. based on the EIA Part II, comments thereon and with the incorporation of the proposed 13 Mitigation Measures listed in the Mitigation Monitoring and Reporting Program and Addendum, there is no substantial evidence the project will have a significant effect on the 14 environment. 15 General 16 15. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated June 17 4, 2014, including but not limited to the following: 18 a. Land Use/Open Space - in that the General Plan recognizes the need for community facility uses such as churches in residential neighborhoods. The architecture of the proposed 19 sanctuary complements the Spanish Mediterranean design of the existing buildings located onsite as well as the surrounding Aviara Community. In addition, the proposal to 2^ permanently preserve 3.86 acres of sensitive upland habitat in a separate Open Space lot meets a number of goals and policies in the General Plan with respect to preservation of open space and is also consistent with the Habitat Management Plan. Agriculture - in that a mitigation measure has been incorporated into the Mitigated Negative Declaration to require the payment of an agricultural conversion mitigation fee of $10,000/acre to develop 2.26 acres ofthe western parcel (APN 215-080-04) with urban uses. c. Circulation - The proposed expanded parking lot includes a new access driveway off of Fisherman Drive which is consistent with Fire and Engineering Department circulation requirements. To further facilitate egress for vehicles exiting the new parking lot, a 25 channelized island is proposed in the middle of the driveway which will require vehicles to turn right and will preclude drivers from turning left on Fisherman Drive as well as going 27 straight through to the Redeemer by the Sea church to the west. All roadways (including 28 PC RESO NO. 7058 1 „ curb, gutter, and sidewalk) needed to serve the development will be dedicated and 2 constructed prior to, or concurrent with, site development. 3 d. Noise - To address the interior noise requirements, a noise study will be required prior to the issuance of building permits to demonstrate that the proposed building design will 4 adequately attenuate the interior noise level to 45 CNEL. 5 16. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zones 19 and 20 and all City public policies and ordinances. The project 6 includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; 7 circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 9 a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior 2Q to the issuance of building permit. 11 b. The Local Facilities Management fee for Zone 19 and 20 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 12 17. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape 13 Ordinance (Carlsbad Municipal Code Chapter 18.50). 14 18. 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 15 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. 16 • 17 20 21 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance ofthe grading 18 permit. 1^ 1- If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; 22 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 23 by Developer or a successor in interest by the City's approval of this Site Development Plan Amendment, Conditional Use Permit Amendment, and Coastal Development Permit 24 Amendment. 25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan Amendment, Conditional Use Permit Amendment, 26 and Coastal Development Permit Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur 27 substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 28 PC RESO NO. 7058 -7- 1 „ 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, 4 this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. This approval is granted subject to the approval of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, GPA 13-01, ZC 12-04, LCPA 12- 04, and HMP 13-02, and is subject to all conditions contained in Planning Commission Resolutions g No. 7055, 7056, 7057 and 7059 for those other approvals incorporated herein by reference. g 6. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, GPA 13-01/ZC 12-04/LCPA 12- IQ 04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02. 11 7. 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 12 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and'attorney's fees incurred by the City arising, directly or indirectly, 13 from (a) City's approval and issuance ofthis Site Development Plan Amendment, Conditional Use Permit Amendment, and Coastal Development Permit Amendment, (b) City's approval or 14 issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the 15 facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 25 26 27 28 Developer shall submit to the Planning Division a reproducible 24" x 36" mylar copy ofthe Site Plan reflecting the conditions approved by the final decision-making body. 16 17 18 19 9. Developer shall include, as part ofthe plans submitted for any permit plancheck, a reduced legible 20 version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 21 10. This project shall comply with all conditions and mitigation measures which are required as part 22 ofthe Zones 19 and 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 23 11. This approval shall become null and void if building permits are not issued for this project within 24 24 months from the date of project approval. 12. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time ofthe application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the grading plans. PC RESO NO. 7058 -8- 1 „ 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the 2 Ucense Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 3 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zones 19 and 20, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building 4 permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 5 • 6 7 8 15 16 17 14. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. g 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, 10 improvement, and grading plans. 11 16. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance 12 as provided in Building Department Policy No. 80-6, to the satisfaction of the Director of the Community and Economic Department. 13 17. Prior to issuance of the Grading Permit, Developer shall submit to the City a Notice of Restriction 14 executed by the owner ofthe 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 General Plan Amendment, Zone Change, Local Coastal Program Amendment, Site Development Plan Amendment, Conditional Use Permit Amendment, Coastal Development Permit Amendment, and Habitat Management Plan Permit by Resolutions No. 7055, 7056, 7057, 7058, and 7059 on the property. Said Notice of Restriction shall note the property description, location of the file containing 23 complete 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 execute 29 and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 20 18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high 21 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure 22 shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. 23 19. No outdoor storage of materials other than the area designated onsite and as approved as a part of SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C) shall occur unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner an Outdoor Storage Plan, and thereafter comply with the approved plan. 2g 20. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on 2y adjacent homes or property. 28 PC RESO NO. 7058 -9- 1 „ 21. Compact parking spaces shall be located in large groups, and in locations clearly marked to the 2 satisfaction of the City Planner. 3 22. Developer shall construct, install, and stripe not less than 368 parking spaces, as shown on Exhibits "A - S." 4 23. Pursuant to Condition No. 13 of Planning Commission Resolution No. 6640 (CUP 00-06(A)), the 5 CUP does not have an expiration date. However, the Conditional Use Permit may be revoked or modified at any time after a public hearing, if it is found that the use has a substantial detrimental effect on the surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. 25 26 24. Prior to the issuance of building permits for the new sanctuary, the Local Coastal Program Amendment, LCPA 12-04, shall be approved by the California Coastal Commission. 6 7 8 9 25. This Conditional Use Permit shall be reviewed by the City Planner annually to determine if all 10 conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the City 11 Planner determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 12 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which 13 such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the 14 Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall recommend that the •'•5 Planning Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. 17 23 Engineering: 29 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a parcel map, grading permit or building 20 permit, whichever comes first. 21 General 22 26. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer forthe proposed 23 haul route. 27. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has 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. 2j 28. Developer shall complete processing of a lot line adjustment between the two existing parcels, APN 215-841-07 and APN 215-080-04, to create one parcel for the proposed development and 23 create a separate parcel for the designated opens space as shown on the site plan. PC RESO NO. 7058 -10- 1 „ 29. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan, 2 conceptual grading plan, and preliminary utility plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed 3 and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. 4 5 7 8 11 12 27 Fees/Agreements 30. Developer shall cause property owner to execute and submit to the city engineer for recordation, 6 the city's standard form Geologic Failure Hold Harmless Agreement. 31. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. g 32. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice 20 Maintenance Agreement. Grading 33. Based upon a review of the proposed grading and the grading quantities shown on the -site plan, a grading permit for this project is required. Developer shall prepare and submit plans and 23 technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 14 34. Developer shall comply with the city's Stormwater Regulations, latest version, and shall 25 implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during 15 construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the 17 discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants ofthe above 18 requirements. 19 35. Developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 20 36. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 21 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The 22 TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all 23 applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 24 37. 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 25 demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new 26 treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 28 |C'\ PC RESO NO. 7058 -11- I ' 1 „ 38. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, 2 landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. 3 39. Developer acknowledges the upcoming City of Carlsbad BMP Design Manual pursuant to provision 4 E.3.d of the new California Regional Water Quality Control Board (RWQCB) Order No. R9-2013- 001 adopted on June 27, 2013. During final design, developer shall demonstrate compliance with 5 latest storm water requirements to the satisfaction of the city engineer. Dedications/Improvements 7 40. Developer shall cause owner to dedicate to the city Fisherman Drive for public street & public utility purposes as shown on the site plan. The offer shall be made by a separate recorded 8 document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. The portion ofthe street that is already public is not required to be rededicated. 9 Additional easements may be required at final design to the satisfaction of the city engineer. 10 41. Developer shall cause owner to dedicate to Carlsbad Municipal Water District for water easement purposes as shown on the site plan. The offer shall be made by a separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Additional easements may be required at final design to the satisfaction of the city engineer. 11 12 13 42. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction 14 of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection 15 fees for private drainage systems. 16 43. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Development Improvement Agreement to 17 install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to 18 the satisfaction of the city engineer. These improvements include, but are not limited to: 1^ A. Construct street improvements along Fisherman Drive including but not limited to curb and gutter, sidewalk, paving, base, signing and striping, curb ramps and street light as ^0 shown on the site plan. 21 B. Install 8" potable water line and appurtenances as shown on the site plan 22 23 24 27 28 Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval ofthe development improvement agreement or such other time as provided in said agreement. Utilities: 44. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, 25 fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to 2^ the satisfaction of the district engineer. PC RESO NO. 7058 -12- 1 „ 45. Developer shall design public facilities within public right-of-way or within minimum 20-foot wide 2 easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility 3 purposes. The locations of said easement shall be reflected on public improvement plans as required by condition 19 above. 4 46. The developer shall design landscape and irrigation plans utilizing recycled water as a source and 5 prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the City Planner. 6 7 47. Developer shall design and install or post security for potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services 8 shall be reflected on the public improvement plans. 9 48. The developer shall design and install or post security for sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on the 10 public improvement plans. 11 .. 49. The developer shall design public water, sewer, and recycled water facilities substantially as 12 shown on the site plan to the satisfaction ofthe district engineer and city engineer. 13 50. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 14 15 51. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 17 18 Code Reminders: 52. Prior to the issuance of a building permit. Developer shall pay the Local Facilities Management fee for Zones 19 and 20 as required by Carlsbad Municipal Code Section 21.90.050. 29 53. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 20 54. Approval of this request shall not excuse compliance with all applicable sections of the Zoning 21 Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 22 55. The project shall comply with the latest nonresidential disabled access requirements pursuant to 23 Title 24 of the California Building Code. 24 56. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 25 • 26 27 28 57. 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 prior to installation of such signs. PC RESO NO. 7058 -13- 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 58. Prior to the issuance of a building permit. Developer shall pay traffic impact fees based on Section 18.42 ofthe City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days ofthe date ofthe Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. Ifyou protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 7058 -14- 1 2 3 4 5 6 7 8 12 PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe planning Commission of the City of Carlsbad, California, held on June 4, 2014, by the following vote, to wit: AYES: Chairperson Black, Commissioners Anderson, Segall and Siekmann NOES: Commissioner Scully ABSENT: Commissioner L'Heureux ABSTAIN: ruJ g NEIL BLACK, Chairperson CARLSBAD PLANNING COMMISSION 10 11 ATTEST: 13 DON NEU City Planner 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7058 -15- 1 „ PLANNING COMMISSION RESOLUTION NO. 7059 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE INCIDENTAL TAKE OF 4 SPECIES OF CONCERN FOR THE DAYBREAK COMMUNITY CHURCH PROJECT ON A 11.3-ACRE SITE, COMPRISING TWO PROPERTIES, WHICH ARE BOUND BY POINSETTIA LANE TO THE NORTH, AMBROSIA LANE TO EAST AND FISHERMAN DRIVE TO THE WEST, WITHIN THE MELLO I AND II SEGMENTS OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONES 19 AND 20. CASE NAME: DAYBREAK COMMUNITY CHURCH CASE NO: HMP 13-02 9 WHEREAS, Daybreak Community Church of Coastal North County, "Owner/Developer," 10 has filed a verified application with the City of Carlsbad regarding property described as 11 Eastern Parcel. APN 215-841-07 Lot 8 of City of Carlsbad Tract No. 92-3, in the City of Carlsbad, County 12 of San Diego, State of California, according to Map thereof No. 13434, filed in the Office of the County Recorder of San Diego County, June 13 23,1997 14 15 Western Parcel. APN 215-080-04 East 34 of the northeast quarter of the southwest quarter of the southeast quarter of Section 22, Township 12 South, Range 4 West San 25 Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, as shown on Record of Survey 17470 17 18 19 20 21 22 23 24 ("the Property"); and WHEREAS, the City of Carlsbad has received authorization to issue permits to impact various sensitive species and habitats, including species listed as Threatened or Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; and WHEREAS, the authority stated above is based on a plan titled Habitat Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 9, 2004, referred to as 25 the HMP, and approval of all projects is contingent on a finding of consistency with the HMP; and 25 WHEREAS, said verified application by Developer constitutes a request for a Habitat 27 Management Plan Permit pursuant to the City's authority as contained in Chapter 21.210 of the Zoning 28 Ordinance, on file in the Planning Division; and |QL. 1 2 3 4 5 6 7 15 23 24 WHEREAS, the Planning Commission did on June 4, 2014, consider said request; and 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: A) That the foregoing recitations are true and correct. 3 B) That the DAYBREAK COMMUNITY CHURCH project is consistent with the HMP as described in the following findings. 9 C) That based on the evidence presented at the hearing, the Commission RECOMMENDS 10 APPROVAL of Habitat Management Plan Permit, HMP 13-02, for DAYBREAK COMMUNITY CHURCH based on the following findings and subject to the following 11 conditions: 12 Findings: ^3 1- That the western parcel (APN 215-080-04) of the Daybreak Community Church project is shown in Figure 28 of the approved HMP as a "Proposed Standards Area" and the southern 14 .... . . portion of the eastern parcel (APN 215-841-07) is identified as an "Existing Hardline Conservation Area." 25 2. That authorization to impact sensitive habitats through the removal of 0.05 acres of Unoccupied Diegan Coastal Sage Scrub (Habitat Group D) and 0.80 acres of 27 Disturbed/Ornamental/Non-Native habitat (Habitat Group F) is subject to continuous compliance with all provisions ofthe Habitat Management Plan for Natural Communities in the 18 City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the 19 Biological Opinion. 20 3. That authorization to impact sensitive habitats is subject to continuous compliance with all mitigation measures as stated in the Mitigated Negative Declaration, Mitigation Monitoring 21 and Reporting Program and Addendum for DAYBREAK COMMUNITY CHURCH- GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09{C)/HMP 13-02, and is subject to all 22 conditions contained in Planning Commission Resolutions No. 7055, 7056, 7057, 7058 and 7059 for those other approvals, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 25 4. That authorization to impact sensitive habitats is subject to continuous compliance with the provisions of Volumes I, II and 111 of the Multiple Habitat Conservation Program and the Final 25 Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area 27 (SCH No. 93121073). 28 PC RESO NO. 7059 -2- 1 5. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities 2 related to construction and operation of the Daybreak Community Church project. 3 6. That the project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically, the 4 sensitive upland habitat proposed to be removed on the eastern parcel will be mitigated on- site as required pursuant to the HMP and the southern portion of both the western and 5 eastern parcels will be permanently preserved through a biological conservation easement on an Open Space lot. In addition, mitigation measures have been included which prevent negative effects on the adjacent sensitive habitat which include: erosion control; landscaping; fencing, signage, and lighting; and predator and exotic species control. g 7. That adequate funding has been provided to address changed circumstances and adaptive management needs that may be reasonably anticipated in the future, consistent with the HMP 9 Implementing Agreement. 10 8. 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 to compliance with 11 all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. 12 " 13 16 17 That the City Planner is authorized to sign the Take Permit. 10. The Planning Commission hereby finds that all development in Carlsbad benefits from the 14 Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective 15 protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban 23 environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Ueu 29 Mitigation Fee imposed on all new development within the City is essential to fund implementation ofthe City's Habitat Management Plan. 20 11. That the HMP Findings for Zone 20 can be met pursuant to the analysis Included in the 21 Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum for DAYBREAK COMMUNITY CHURCH- GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00- 22 06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 (attached to Planning Commission Resolution No. 7055) and pursuant to Wildlife Agency concurrence received on February 13, 2014, 23 incorporated herein by reference. 24 12. The Planning Commission of the City of Carlsbad does hereby find: 25 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum for DAYBREAK 26 COMMUNITY CHURCH- GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00- 06(C)/CDP 00-09(C)/HMP 13-02, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and PC RESO NO. 7059 -3- 1 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 2 and Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection 3 Procedures of the City of Carlsbad; and 4 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 5 6 7 14 15 16 17 based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 13. The Planning Commission has reviewed each of the exactions imposed on the Developer 3 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 9 of the exaction is in rough proportionality to the impact caused by the project. 10 Conditions: 11 1- If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained 12 according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Habitat Management Plan Permit. 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 make them internally consistent and in conformity with the final action on the project. Development shall 23 occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 19 If any condition for construction of any public improvements or facilities, or the payment of any 20 f^ss in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such 21 condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 22 Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and 24 costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Habitat Management Plan Permit, (b) City's 25 approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and 26 operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or 2'' emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. PC RESO NO. 7059 -4- 1 Planning Commission Resolutions No. 7055, 7056, 7057 and 7058 for those other approvals 2 incorporated herein by reference. 3 6. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, GPA 13-01/ZC 12-04/LCPA 12- 4 04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02. 5 7. As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the 6 environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a ^ conservation easement forthe conservation, protection, and management offish, wildlife, native g plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. 9 8. Prior to the issuance of a grading permit or clearing of any habitat, whichever occurs first, the 20 Developer shall take the following actions to the satisfaction of the City Planner in relation to the open space lot(s) which are being conserved for natural habitat in conformance with the City's 11 Habitat Management Plan: 12 a. Prepare an interim Area Specific Management Directive (ASMD) for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the 13 requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. The applicant shall submit this document and gain Concurrence 14 from the City Planner as to the specific maintenance requirements for this open space area to satisfy this condition; 15 b. Select a conservation entity which possesses the necessary qualifications to manage the open space lot(s) for conservation purposes. The applicant shall demonstrate that a contractual agreement is in place to satisfy this condition; j^g c. Record a Conservation Easement over the open space lots(s); and 29 d. Prepare an Interim Preserve Management Plan to: 1) Provide fencing along public right of ways to block public access to the open space 20 areas to match the existing Aviara fencing if feasible; 2) Provide adequate onsite erosion control measures to minimize runoff of sediment 21 onto public streets and into storm water systems; 3) Remove any onsite trash and maintain property in a debris-free condition, and; 22 4) Establish a program/schedule of maintenance for the Interim Preserve Management measures. 23 9. Unless otherwise stated below, prior to the issuance of a building permit for a habitable structure 24 or two years from the date of City Council approval for the project, whichever occurs first, the Developer shall take the following actions, to the satisfaction ofthe City Planner: 25 a. 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; 28 PC RESO NO. 7059 -5- 1 a. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for 2 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 3 Conservation Plan and the City's Open Space Management Plan; 4 b. 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; 13 14 15 27 28 Prepare a Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity; and 3 d. Prior to the issuance of a grading permit, the applicant shall provide written assurance, subject to the City Planner's approval, that this condition will be satisfied prior to a 9 building permit for a habitable structure or no later than two years from the date of City Council approval. 10 10. This project has been found to result in impacts to wildlife habitat or other lands, such as 11 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 12 for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No: 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species; The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element ofthe 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 25 building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and 27 any and all approvals for this project shall become null and void. 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." 20 21 22 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will 23 bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 24 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 25 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 26 statute of limitations has previously otherwise expired. PC RESO NO. 7059 1 2 3 4 5 6 7 8 12 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on June 4, 2014, by the following vote, to wit: AYES: Chairperson Black, Commissioners Anderson, Segall and Siekmann NOES: Commissioner Scully ABSENT: Commissioner L'Heureux ABSTAW: ruj g NEIL BLACK, Chairperson CARLSBAD PLANNING COMMISSION 10 11 ATTEST: 13 DON NEU City Planner 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7059 The City of Carlsbad Planning Division EXHIBIT 5 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: June 4, 2014 Application complete date: July 31, 2013 Project Planner: Shannon Werneke Project Engineer: Tecla Levy SUBJECT: GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(O/CUP 00-06(O/CDP 00-09(O/HMP 13-02 - DAYBREAK COMMUNITY CHURCH - Request for a recommendation of adoption of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and a request for a recommendation of approval of a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Site Development Plan Amendment, Conditional Use Permit Amendment, Coastal Development Permit Amendment, and a Habitat Management Plan Permit to allow for an expansion to the existing Daybreak Community Church campus, including the addition of a 17,391 square foot, 30-foot-tall sanctuary and the construction of an additional parking lot on a 11.3- acre site, comprising two properties, which are bounded by Poinsettia Lane to the north. Ambrosia Lane to east and Fisherman Drive to the west, within the Mello I and Mello 11 segments of the Local Coastal Program and Local Facilities Management Zones 19 and 20. The City Planner has determined that through the implementation of the proposed Mitigated Negative Declaration and associated Mitigation, Monitoring and Reporting Program and Addendum, the proposed project avoids the effects or mitigates the effects to a point where clearly no significant effect on the environment would occur, and 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. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7055 RECOMMENDING ADOPTION of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and ADOPT Planning Commission Resolutions No. 7056, 7057, 7058, and 7059 RECOMMENDING APPROVAL of a General Plan Amendment (GPA 13-01), Zone Change (ZC 12-04), Local Coastal Program Amendment (LCPA 12-04), Site Development Plan Amendment (SDP 00-06(C)), Conditional Use Permit Amendment (CUP 00-06(C)), Coastal Development Permit Amendment (CDP 00- 09)); and a Habitat Management Plan Permit (HMP 13-02), based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Background On November 15, 2000, the Planning Commission approved a Site Development Plan, Conditional Use Permit, and Coastal Development Permit (SDP 00-06, CUP 00-06, and CDP 00-09) for the construction and operation of a 11,620 square foot church, including a 480-seat sanctuary, several classrooms, a daycare/nursery, and an associated 218-space parking lot for the Daybreak Community Church located at 6515 Ambrosia Lane within Planning Area 32B ofthe Aviara Master Plan. On October 7, 2009, the Planning Commission approved the first amendment to the Site Development Plan, Conditional Use Permit and Coastal Development Permit (SDP 00-06(A), CUP 00-06(A), and CDP 00- GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 - DAYBREAK COMMUNITY CHURCH June 4, 2014 Page 2 " 09(A)) to allow for Phase II of development. The project included the addition of a detached 6,188 square foot, 28-foot-tall, two-story classroom and administration building. On June 6, 2012, the Planning Commission approved the second amendment to the discretionary permits for the Daybreak Community Church facility (SDP 00-06(B), CUP 00-06(B), and CDP 00-09(B)) to allow for Phase 111, which included an 8,830 square foot addition to the existing classroom and administration building. Similar to the use of the existing building, the addition accommodated additional classrooms, offices, and a multipurpose room on the 2nd floor. Environmental Setting The project site comprises two parcels; the western parcel (4.53 acres) is vacant while the eastern parcel (6.77 acres) is developed with the existing Daybreak Community Church. The 11.3-acre site is located in the southwest quadrant ofthe city of Carlsbad and is bounded by Poinsettia Lane to the north. Ambrosia Lane to the east and Fisherman Drive to the west. The eastern parcel (APN 215-841-07), 6.77 acres in size, is located on the southwest corner of Poinsettia Lane and Ambrosia Lane. The property has a General Plan Land Use designation of Residential Medium Density (RM, 4-8 du/ac) and Open Space (OS), and a Zoning designation of P-C, Planned Community. The parcel is also located within the Mello I Segment ofthe Local Coastal Program and the boundaries of the Aviara Master Plan (MP 177). The property is currently developed with an 11,600 SF church, a 15,018 SF accessory classroom/administrative office building and 200-space parking lot. The vacant western parcel (APN 215-080-04), 4.53 acres in size, is located on the southeast corner of Poinsettia Lane and Fisherman Drive. The parcel has a General Plan Land Use designation of Residential Low-Medium Density (RLM, 0-4 du/ac) and a Zoning designation of L-C, Umited Control, which is a holding zone for undeveloped properties. The property is also located within the Mello II Segment of the Local Coastal Program and the boundaries ofthe Zone 20 Specific Plan. The existing environmental setting ofthe subject properties can be generally characterized as suburban. The southern half of both properties contains steep slopes which are vegetated with sensitive native upland habitat. While the areas proposed to be developed are predominantly flat, the western parcel is approximately 10 feet higher in elevation than the eastern parcel. The existing sanctuary is located approximately 15 feet above the elevation of Poinsettia Lane to the north. In addition, a 100-foot-wide SDG&E easement bisects the properties diagonally in a northwest/southeast direction. Proiect Description The proposed project represents Phase IV ofthe Daybreak Community Church campus. Specifically, the project consists of the addition of a 17,391 square foot (SF), 30-foot-tall sanctuary with an allowable architectural projection up to 38 feet in height and the construction of an additional parking lot on the adjacent vacant parcel to the west (APN 215-080-04). The new sanctuary is proposed to accommodate up to 1,010 seats as well as classrooms and administrative offices. A total of 53 parking spaces are proposed to be removed from the existing 200-space parking lot and a total of 221 parking spaces will be added (i.e., net gain of 168 parking stalls). The total number of parking spaces which will exist following the parking lot expansion will be 368. Pursuant to correspondence received from the applicant, the existing sanctuary is proposed to be converted to a dining/meeting area for meal gatherings, meetings and special events outside of the times that are scheduled for the standard Sunday services. During Sunday services, the converted building will be used for the children's ministry classes. A 1,908 square foot outdoor storage area is also GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 - DAYBREAK COMMUNITY CHURCH June 4, 2014 Page 3 proposed at the southwest corner of the expanded parking lot and will be screened with a 6'8"-tall masonry wall. Access to the site will be provided by an existing driveway located off of Ambrosia Lane and a new driveway proposed off of Fisherman Drive. To facilitate ingress and egress for the driveway proposed off of Fisherman Drive, a channelizing island is proposed in the middle of the driveway to require drivers to turn right. The addition of this island will preclude drivers from turning left onto Fisherman Drive as well as going straight through to the Redeemer by the Sea church property to the west. Grading for the development of the proposed project includes 5,150 cubic yards of cut and 2,150 cubic yards of fill, resulting in a total of 3,000 cubic yards of exported material. The proposed sanctuary is designed with Spanish/Mediterranean features which complement the existing classroom/administration building and sanctuary, as well as the Aviara community, including a warm earth tone color palette, a number of heavy timber trellises, parapet roof screens with a decorative cornice, divided windows, stone wainscot veneers. Mission tile roofing, and a mixture of roof styles. The proposed applications are summarized below. General Plan Amendment. GPA 13-01. A General Plan Amendment is proposed for the western parcel (APN 215-080-04) and is intended to create consistency between the Open Space portions of both the western and eastern properties. The existing General Plan Land Use designation for the western parcel is RLM and the proposed designations are RLM and OS. The RLM General Plan Land Use designation will comprise the northern 2.87 acres of the property and is consistent with the proposed R-l zone. The new OS General Plan Land Use designation will permanently preserve the native upland habitat located on the southern 1.66 acres of the western property as open space. The 1.66 acres of open space will be combined (via a Lot Une Adjustment) with the existing 2.2 acres of General Plan-designated Open Space located on the western parcel to create a separate Open Space parcel (i.e., total area of 3.86 acres) as required pursuant to the city's Habitat Management Plan (HMP) as well as the city's General Plan. The project has been conditioned to require the recordation of a biological conservation easement on the Open Space parcel which will allow for the long-term preservation and management ofthe native upland habitat. Zone Change. 12-04. A Zone Change is required for the western parcel (APN 215-080-04) since it is currently zoned L-C, Umited Control. The proposed zoning for the northern 2.87 acres of the property is R-l, One-Family Residential. The R-l zone implements the RLM General Plan Land Use designation. As with the General Plan Amendment, the southern 1.66 acres ofthis property (to be re-configured per the Lot Une Adjustment) is proposed to be zoned O-S to permanently preserve the sensitive upland habitat on a separate parcel. Local Coastal Program Amendment. LCPA 12-04. As APN 215-080-04 is located in the Mello II segment of the coastal zone and a General Plan Amendment and a Zone Change are proposed, a Local Coastal Program Amendment is proposed to provide consistency between the two land use documents. Approval from the California Coastal Commission will be required forthe LCPA. Site Development Plan Amendment. Conditional Use Permit Amendment, and Coastal Development Permit Amendments. SDP 00-06(0. CUP 00-06(0. CDP 00-09fC>. Amendments to discretionary permits for Daybreak Church are required for the proposed expansion to the church campus and the associated parking lot onto the adjacent lot to the west. The proposed GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 - DAYBREAK COMMUNITY CHURCH june 4, 2014 Page 4 amendments represent the 3rd amendment to the original permits. Each of these permits will be analyzed for consistency with the Zoning Code and the applicable Master or Specific Plan. As part of the Conditional Use Permit is a request to reduce the side yard setback for the western parcel from ten feet to four feet for a short segment of the property line and to exceed the maximum six- foot height standard to allow for a 6'8" tall wall which is proposed around the storage area. Habitat Management Plan Permit. HMP 13-02. The western parcel is located in a Standards Area, and pursuant to the city's Habitat Management Plan (HMP), Consistency Findings as well as a Habitat Management Plan Permit are required to permanently preserve the sensitive upland habitat located on the southern 1.66 acres of this property and southern 2.22 acres of the eastern parcel of each lot as open space. The southern 2.22 acres located on the western parcel is already designated as Open Space but the area is not currently protected and managed under a biological conservation easement. Lot Une Adjustments. In addition to the above-noted permits, a lot line adjustment between the two existing properties will be required to be recorded prior to the issuance of grading permits. This adjustment is reflected on the project plans and proposes to reconfigure the lot lines so that the development envelope (i.e., ornamental landscaping, buffers, parking lots, and church facilities) is located on the northern half of the overall property owned by Daybreak Church (identified as Parcel 1, 7.41 acres) and the permanent open space is located on the southern half of the overall project area (Parcel 2, 3.86 acres). In addition, a small lot line adjustment (0.03 acres) is proposed within the development envelope at the western edge ofthe western parcel with APN 215-081-12 to address concerns with respect to the maintenance of landscaping. Table 1 below includes the existing General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE 1 Location General Plan Designation Zoning Current Land Use Site Eastern parcel: RM/OS Eastern parcel: P-C Eastern parcel: Church and administration building Western parcel: RLM Western parcel: L-C Western parcel: vacant North OS/RLM P-C Poinsettia park South OS/RLM P-C/R-1 Single-family residential East RH P-C Multi-family residential West RLM R-l Single-family residences and Redeemer by the Sea church III. ANALYSIS A. Residential Low to Medium Density (RLM), Residential Medium Density (RM) and Open Space (OS) General Plan Land Use designations; B. Aviara Master Plan; C. Zone 20 Specific Plan (SP 203(B)); D. Planned Community (P-C) Zone (Chapter 21.38 ofthe Zoning Ordinance); GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 - DAYBREAK COMMUNITY CHURCH June 4, 2014 Page 5 E. One-Family Residential (R-l) Zone (Chapter 21.10 of the Zoning Ordinance); F. Qualified Development Overlay Zone (Chapter 21.06 of the Zoning Ordinance); G. Conditional Use Permits (Chapter 21.42 ofthe Zoning Ordinance); H. Parking (Chapter 21.44 ofthe Zoning Ordinance); I. Habitat Preservation and Management Plan Requirements (Chapter 21.210 of the Zoning Ordinance); J. Mello 1 and Mello II Segments of the Local Coastal Program, Coastal Agricultural Overlay Zone, Coastal Development Permit Procedures, and Coastal Resource Protection Overlay Zone (Chapters 21.201, 21.202, 21.203, and 21.205 ofthe Zoning Ordinance); and K. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance), Zones 19 and 20 Local Facilities Management Plans. A. Residential Low to Medium Density (RLM), Residential Medium Density (RM) and Open Space (OS) General Plan Land Use Designations The eastern parcel (6515 Ambrosia Lane, APN 215-841-07) has a General Plan Land Use designation of Residential Medium Density (RM, 4-8 du/ac) and Open Space (OS). The northern 4.57 acres of the property is currently developed with the Daybreak Community Church campus while the southern 2.2 acres of the eastern parcel contains steep slopes and sensitive upland habitat and is General Plan- designated as OS. No changes in the General Plan Land Use designations are proposed to the eastern parcel. The western parcel (APN 215-080-04) has a General Plan Land Use designation of Residential Low- Medium Density (RLM, 0-4 du/ac). The entire property is vacant. Similar to the eastern lot, the southern 1.66 acres contains steep slopes and sensitive upland habitat. Because the western parcel contains sensitive upland habitat which is not currently protected through an Open Space General Plan Land Use designation, the proposed project entails a request to change the General Plan Land Use designation for the southern 1.66 acres ofthe property from RLM to OS. Re-designating this area from RLM to OS will allow for long-term preservation of the property in perpetuity as Open Space and will provide consistency with the Habitat Management Plan. Both the RLM and RM General Plan Land Use designations allow for church facilities as a conditionally permitted use in the residential zones. As the proposed project does not involve the construction of residential dwelling units, a density calculation is not required for the area proposed to be developed nor is an allocation from the City's Excess Dwelling Unit Bank (EDUB). However, because the proposed project entails a request to rezone the southern 1.66 acres of the western parcel from RLM to OS and the area will be permanently preserved as open space through a biological conservation easement, a total of 2.25 excess dwelling units are proposed to be deposited into the City's EDUB (0.070 net acres x 3.2 = 2.25 units). The new sanctuary as well as the expansion to the parking lot at the Daybreak Community Church campus is consistent with the applicable policies and programs ofthe General Plan as demonstrated in Table 2 below. GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 - DAYBREAK COMMUNITY CHURCH June 4, 2014 Page 6 TABLE 2 - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLIANCE Land Use Policv C.6 Review architecture of buildings with the focus on ensuring quality and integrity. Policv C.8 Provide for a sufficient diversity of land uses so that....churches are available in close proximity to residents in Carlsbad. Policv C.12 Develop and retain open space in all categories of land use The proposed sanctuary is consistent with the Spanish Mediterranean motif ofthe existing church located onsite, as well as the architecture ofthe surrounding Aviara community. The proposed building includes enhanced architectural features such as a decorative cornice, a number of heavy timber trellises, a variety of Spanish tile roof features, a warm earth tone color palette and stone facade elements. The sum of these elements provides a complimentary architectural aesthetic. The proposed expansion to the Daybreak Community Church is a conditionally-permitted use in residentially-designated zones. In addition, the church is located in close proximity to both single-family and multi-family residential uses. The project includes a request to permanently preserve 3.86 acres of open space which will be managed in perpetuity. Yes GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 - DAYBREAK COMMUNITY CHURCH June 4, 2014 Page 7 TABLE 2 - GENERAL PLAN COMPLIANCE (CONTINUED) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLIANCE Land Use (Continued) Agricultural Goal A.2 A City which supports agriculture while planning for possible transition to urban uses. As the proposed project involves the conversion of non-prime agricultural land, which was historically used for agriculture, an Agricultural Conversion Mitigation Fee is required for the development envelope (2.26 acres) on the western parcel. A fee for the entire 4.53-acre western parcel is not required as the southern 1.66 acres, will be permanently preserved as open space through a biological conservation easement. In addition, an open easement is proposed to encumber the sensitive upland habitat adjacent to Poinsettia Lane and the remaining area is designated as the HMP buffer area in between the parking lot and the new open space lot (total of 0.61 acres). A mitigation measure has been incorporated into the MND to address this requirement for the payment of an Agricultural Mitigation Fee for the 2.26- acre development envelope. Circulation Require new development to provide safe, adequate, and attractively-landscaped parking areas. The proposed expanded parking lot is consistent with Fire Department circulation standards as well as the Landscape Manual. To facilitate egress from the driveway proposed off of Fisherman Drive, a channelizing island is proposed in the middle ofthe driveway to require drivers to turn right. The addition ofthis island will preclude drivers from turning left on Fisherman Drive as well as going straight through to the Redeemer by the Sea church property to the west. Yes GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 • COMMUNITY CHURCH June 4, 2014 Page 8 DAYBREAK TABLE 2 - GENERAL PLAN COMPLIANCE (CONTINUED) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLIANCE Public Safety Design all structures in accordance with the seismic design standards ofthe California Building Code (CBC) and State building requirements. Review new development proposals to consider emergency access, fire hydrant locations and fire flow requirements. The proposed sanctuary is required to be designed in conformance with all seismic design standards. Yes The proposed project is consistent with all ofthe applicable fire safety requirements. Open Space & Conservation Preservation of open space in a natural state. To protect rare, threatened or endangered plant and animal communities in accordance with the Habitat Management Plan. Protect environmentally sensitive land and buffer areas. Utilize Best Management Practices for control of stormwater and to protect water quality. No development is proposed in the southern 2.2 acres ofthe eastern parcel, which is currently designated as Open Space pursuant to the General Plan. The proposed project includes a General Plan Amendment to re- designate the southern 1.66 acres of the western lot as Open Space. A conservation easement will be placed over both the southern 1.66 acres of the western parcel and southern 2.2 acres ofthe eastern parcel, which will ensure long-term preservation ofthe sensitive upland habitat. In addition, a number of mitigation measures are proposed to ensure compliance with the Habitat Management Plan (HMP). The project will conform to all National Pollution Discharge Elimination Standards (NPDES) and has been designed to include Low Impact Design (LID) elements. Yes GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 - DAYBREAK COMMUNITY CHURCH June 4, 2014 Page 9 TABLE 2 - GENERAL PLAN COMPLIANCE (CONTINUED) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES 8i IMPROVEMENTS COMPLIANCE Noise Interior noise standard of 45 CNEL for churches. To confirm compliance with this requirement, a mitigation measure is required to be implemented. Specifically, a noise study is required prior to the issuance of building permits to demonstrate that the proposed building design will adequately attenuate th.e interior noise level to 45 CNEL Yes B. Aviara Master Plan The northern 4.57 acres of the 6;77-acre eastern parcel (APN 215-841-07) is currently developed with the existing Daybreak Community Church campus. The entire parcel is located within Planning Area 32B of the Aviara Master Plan (MP 177). As a majority of the new sanctuary as well as some modifications to the parking lot are proposed on the eastern parcel, the proposed project is subject to the development standards and design guidelines of the Master Plan. The Daybreak Community Church addition is consistent with the applicable standards and guidelines as demonstrated in Table 3 below. TABLE 3 - AVIARA MASTER PLAN COMPLIANCE (EASTERN PARCEL) MASTER PLAN STANDARD PROPOSED USE AND IMPROVMEMENTS COMPLIANCE Use Allocation: Church The proposed project consists of the addition of a new sanctuary and the conversion of the existing sanctuary into a dining/meeting area for functions outside of the times that Sunday services are occurring. During Sunday service, the existing sanctuary will be utilized for the children's ministry. The primary and accessory uses are consistent with intent ofthe Aviara Master Plan. Yes Building Height: 30-foot maximum The new sanctuary has a maximum proposed height of 30 feet. An architectural tower (i.e., allowable projection) with a maximum height of 38 feet is proposed at the southeast corner ofthe building. Yes Setbacks: 50 feet from Poinsettia Lane 30 feet from other planning area boundaries The new sanctuary is setback 50 feet from Poinsettia Lane. The new sanctuary is located 435 feet from Ambrosia Lane to the east and 280 feet from Fisherman Drive to the west. Yes GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 - DAYBREAK COMMUNITY CHURCH June 4, 2014 Page 10 TABLE 3-AVIARA MASTER PLAN COMPLIANCE (EASTERN PARCEL) (CONTINUED) MASTER PLAN STANDARD PROPOSED USE AND IMPROVMEMENTS COMPLIANCE Architectural Treatment: Strong relationship between indoor and outdoor spaces; informal building layout; simple, rectangular forms encouraged; windows and door openings deep-set; incorporation of elements such as balconies, decks, and trellises; variety of massing; light-textured hues of white stucco; and clay or concrete barrel S-shaped, terra cotta-colored tile. The design ofthe proposed sanctuary complements the existing Spanish/Mediterranean features ofthe existing buildings located on-site as well as the surrounding Aviara community. A warm earth tone color palette, a number of heavy timber trellises, parapet roof screens with a decorative cornice, divided windows, stone wainscot veneers. Mission tile roofing, and a mixture of roof styles are proposed for the new sanctuary. In addition, an existing outdoor plaza will be modified and will continue to enhance the connection between the outdoor and indoor spaces. Yes Zone 20 Specific Plan (SP 203(B)) The 4.53-acre western parcel (APN 215-080-04) of the proposed Daybreak Community Church project is located within Planning Area E ofthe Zone 20 Specific Plan (SP 203(B)). A portion ofthe new sanctuary as well as the new parking lot are proposed to be located on the northern 2.87 acres ofthe western parcel. The Zone 20 Specific Plan was originally developed to provide a logical and efficient framework for the future development of vacant properties located within Local Facilities Management Zone 20. Pursuant to the Zone 20 Specific Plan, any development located within Planning Area E requires a rezone from Limited Control (L-C) to One-Family Residential (R-l). Consistent with the Planning Area E, the proposed project involves a request to rezone the northern 2.87 acres of the western parcel from L-C to R-l. This change in the zoning designation also provides consistency with the underlying General Plan Land Use designation. Residential Low-Medium Density (RLM). The request to re-designate and rezone the southern 1.66 acres ofthe western parcel from RLM to Open Space (OS) and L-C to OS, respectively, is also consistent with the intent of Planning Area E in that it permanently preserves sensitive upland habitat and ensures protection of the wildlife corridor. Table 4 below summarizes the project's consistency with the Zone 20 Specific Plan. TABLE 4- ZONE 20 SPECIFIC PLAN COMPLIANCE (WESTERN PARCEL) SPECIFIC PLAN STANDARD-PROPOSED USE AND IMPROVMEMENTS COMPLIANCE Use Allocation: Church To allow for the proposed church use and provide consistency with the proposed underlying General Plan Land Use designation, the proposed project includes a request to rezone the northern 2.87 acres of the property from L-C to R-l and the southern 1.66 acres from L-C to OS. Pursuant to the requirements of the Zone 20 Specific Plan, a conditional use permit is proposed for the church. Yes GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 - DAYBREAK COMMUNITY CHURCH June 4, 2014 Page 11 TABLE 4 - ZONE 20 SPECIFIC PLAN COMPLIANCE (WESTERN PARCEL) (CONTINUED) SPECIFIC PLAN STANDARD-PROPOSED USE AND IMPROVMEMENTS COMPLIANCE Setbacks: 50 feet from Poinsettia Lane The new sanctuary, a small portion of which is located on the western parcel, as well as the new parking lot, are setback a minimum of 50 feet from Poinsettia Lane. Yes Architectural Standards: a. A variety of the following: -Roof and wall materials and colors -Architectural accent features - Roof height and mass - Building street setbacks - Exterior accent colors b. Window and door enhancement c. Enhanced fenestration d. Articulated building forms The portion ofthe new sanctuary located on the western parcel includes enhanced fenestration and a number of architectural accents which complement the Spanish Mediterranean design ofthe church campus. Yes Notwithstanding the above-noted Zone 20 Specific Plan standards, the project site is also subject to the R-l development standards as modified through the required Conditional Use Permit forthe church. D. Planned Community (P-C) Zone Regulations (Chapter 21.38 of the Zoning Ordinance) The underlying zoning designation of the eastern parcel at the Daybreak Community Church site is Planned Community (P-C). In accordance with this designation, the Aviara Master Plan was created as the implementing zone. No specific development standards or design criteria exist in the P-C zone; however, all applicable standards and criteria are contained within, or are referenced by, master plan documents. The project is in conformance with the Aviara Master Plan requirements as analyzed in Table 3 above. E. One-Family Residential (R-l) Zone (Chapter 21.10 of the Zoning Ordinance) Pursuant to Chapter 21.10 of the Zoning Code, churches are conditionally permitted uses in the R-l zone. Table 5 below summarizes the western parcel's consistency with the R-l zone. GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 - DAYBREAK COMMUNITY CHURCH June 4, 2014 Page 12 TABLE 5 - R-l ZONE COMPLIANCE (WESTERN PARCEL) (CONTINUED) STANDARD REQUIRED PROPOSED COMPLY Street Side Yard Setback (Fisherman Drive) Not less than 10% of lot width, provided that such side yard shall be not less than 5 feet and need not exceed 10 feet. The subject lot has an average width of 330 feet. Therefore, a 10-foot-wide street side yard setback is required. Following the lot line adjustment with APN 215-081-12, a minimum of 10 feet will be provided between the parking lot and Fisherman Drive. For the portion ofthe side yard area which will no longer front Fisherman Drive, a 4-foot-wide setback is proposed between the adjusted property line and the proposed parking lot. As the setbacks can be modified through a Conditional Use Permit, staff is supportive of this request. Yes Rear Yard Setback Twice the required side yard setback = 20 feet 20 feet Yes Maximum Building Height 30' with a minimum 3:12 roof pitch 30' with a minimum 3:12 roof pitch Yes F. Qualified Development Overlay Zone (Chapter 21.06 of the Zoning Ordinance) Pursuant to the Aviara Master Plan, a Site Development Plan (SDP) is required to be processed for all Planning Areas pursuant to Chapter 21.06, the Qualified Development Overlay Zone, of the Carlsbad Municipal Code. As discussed in Section 11 ofthis report, the original SDP for Daybreak Community Church was approved in 2000 and two subsequent amendments have since been approved. The proposed project represents the third amendment to the Site Development Plan. Specifically, the proposed project includes the development of a new 1,010-seat sanctuary, a majority of which is proposed to be located on the eastern parcel (i.e., within Aviara Master Plan). Also included in the request is an expansion to the parking lot, which is proposed to be located on the adjacent parcel to the west (located in the Zone 20 Specific Plan). As demonstrated in the attached Planning Commission Resolution No. 7058, all ofthe required findings for the Site Development Plan Amendment can be supported. In summary, the proposed project is consistent with the goals and objectives of the General Plan and the proposed project will not adversely impact the site or its surroundings, nor will it adversely impact traffic circulation. Further, the subject property is adequate in size and shape to accommodate the use, adequate setbacks are provided and the street system can accommodate the proposed use. GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 - DAYBREAK COMMUNITY CHURCH June 4, 2014 Page 13 G. Conditional Use Permits (Chapter 21.42 of the Zoning Ordinance) Pursuant to the Aviara Master Plan and the Zone 20 Specific Plan, a Conditional Use Permit (CUP) is required to be processed pursuant to Chapter 21.42 ofthe Carlsbad Municipal Code. Uses subject to a CUP possess characteristics of such unique and special form as to make impracticable their being included automatically in any land use classification. In granting a CUP, certain safeguards to protect the health, safety and general welfare of the public may be required as conditions of approval. In addition, pursuant to Section 21.42 of the Carlsbad Municipal Code, CUPs, including any amendments, may only be granted when the appropriate findings of fact can be made. Staff has reviewed the proposed third amendment to the Conditional Use Permit to allow for the expansion to the church use and has found that all the necessary findings can be made. In summary, the proposed project is consistent with the goals and objectives ofthe General Plan, Local Coastal Program, Zone 20 Specific Plan and the Aviara Master Plan. In addition, the proposed use is necessary and desirable for the community and will not be detrimental to the existing uses on-site. Further, with exception to a minor adjustment to the allowable wall height from a maximum of 6' to 6'8" for the storage area and the setback along a short segment of the western property line from a required 10' to 4', the site is adequate in size to accommodate the use and will not adversely impact the site or its surroundings, nor will it adversely impact traffic circulation. Finally, the street system can accommodate the proposed use. Please see Planning Commission Resolution No. 7058 for the detailed findings. H. Parking (Chapter 21.44 of the Zoning Ordinance) Pursuant to the Aviara Master Plan and the Zone 20 Specific Plan, parking requirements for the conditional church use shall conform to the standards of Chapter 21.44 of the Carlsbad Municipal Code. On-site parking for the new 1,010-seat sanctuary and the existing uses at Daybreak Community Church will be provided by an existing surface parking lot, as well as a new parking lot proposed to be developed on the western parcel. The existing sanctuary, located on the eastern parcel, is proposed to be converted to a multi-purpose room and, with exception to the children's ministry classes, is not intended to allow for concurrent use during worship service. The applicant has indicated that the existing sanctuary/new multi-purpose room will primarily be utilized for meal gatherings, meetings, special events and the children's ministry classes. The existing classroom and administration building will continue to be utilized for a variety of educational classes which complement the existing church use, including middle school and high school youth programs and leadership team meetings, a young mother's program, a women's bible study, and a men's group. A typical schedule at the church is included as Attachment No. 10. Although the existing and proposed classrooms are not intended to be utilized simultaneously with worship services, parking for Daybreak Church has been determined based on the sum of the existing and proposed uses. Table 6 below summarizes the amount of parking required for each of the uses. Specifically, a total of 53 parking spaces are proposed to be removed from the existing 200-space parking lot and a total of 221 parking spaces will be added (i.e., net gain of 168 parking stalls). The total number of parking spaces which will exist following the parking lot expansion will be 368. Overall, a surplus of three (3) parking stalls would remain. Due to neighborhood complaints that the city has received in the past regarding the use of the parking for private events located offsite, the Conditional Use Permit has been conditioned to prohibit the use of the parking lot for private events which do not involve the church. GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 - DAYBREAK COMMUNITY CHURCH June 4, 2014 Page 14 TABLE 6 - PARKING COMPLIANCE EXISTING/PROPOSED USE PARKING REQUIREMENT PARKING SPACES REQUIRED Phase 1 (existing sanctuary proposed to be converted to multi-purpose room) Public Assembly: 4,933 SF One space per 100 SF 50 spaces Nursery: 27 students/8 teachers One space per 10 students plus one space per employee 11 spaces Classrooms: 122 students/6 teachers One space per 10 students plus one space per employee 19 spaces Phases II & III (classroom/administration building, including addition) Classrooms- Elementary: 109 students/3 teachers One space per employee 3 spaces Classrooms: 128 students/6 teachers One space per 10 students plus one space per employee 19 spaces Office/administration: 3,656 square feet One space per 250 SF 15 spaces Multi-purpose room: 2,461 square feet One space per 100 SF 25 spaces Phase IV (new sanctuary) Assembly: 1,010 seats One space per every 5 seats 202 spaces Classrooms: 128 students/6 teachers One space per 10 students plus one space per employee 19 spaces Office/administration: 104 square feet One space per 250 SF 1 space Total Parking Required: 364 spaces Total Parking Provided: 368 spaces GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 - DAYBREAK COMMUNITY CHURCH June 4, 2014 Page 15 I. Habitat Preservation and Management Plan Requirements (Chapter 21.210 of the Zoning Ordinance) The Habitat Management Plan (HMP) is a comprehensive program that identifies 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. The HMP identifies the 11.3-acre project area, which comprises two parcels, as being located in two different Local Facilities Management Zones (LFMZs). The vacant western parcel (4.53 acres, APN 215-080-04) is located within Zone 20 and is identified as a Standards Area in the HMP. The eastern parcel (6.77 acres, APN 215-841-07) is located within Zone 19. The southern 2.2 acres of the eastern property is identified as an Existing Hardline Preserve Area and is not currently encumbered with a conservation easement. As the eastern parcel is not located within a Standards Area, there are no goals or standards in the Zone for which to analyze the project against. However, the removal of any sensitive habitat on this parcel would need to comply with the HMP. The HMP conservation goals for Zone 20 require developments to establish, enhance, and maintain a viable habitat linkage to ensure connectivity for gnatcatchers and other HMP species between the applicable Core Areas and that they conserve the majority of sensitive habitats in or contiguous with biological core and linkage areas, including a no-net-loss of coastal sage scrub. A Biological Technical Report (BTR) for the Daybreak Community Church Study Area was prepared by HELIX Environmental Planning (dated February 24, 2014), for which six (6) vegetation communities were identified within the study area. Tables 7 and 8 below summarize the vegetation communities located on-site, the project impacts, as well as the proposed mitigation. TABLE 7 SUMMARY OF IMPACTS TO VEGETATION COMMUNITIES VEGETATION COMMUNITY EXISTING HABITAT (Eastern and Western parcels) IMPACTS (Western parcel) Southern maritime chaparral 2.5 0 Diegan coastal sage scrub (including disturbed) ** 1.3** 0.05** Ornamental/Non-native vegetation 1.6 0.20 Disturbed habitat 1.0 0.60 Urban/Developed 5.2 2.20 TOTAL 11.6 3.05 '**The isolated stand of CSS on the western parcel, located in between the proposed parking lot and Poinsettia Lane, represents 0.35 acres ofthe total 1.3 acres located on the overall project site. The 0.05 acres of impacted CSS is located within this isolated stand of CSS. The resulting size ofthe isolated stand after the removal is 0.30 acres, which will be preserved in an open space easement. GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 - DAYBREAK COMMUNITY CHURCH June 4, 2014 Page 16 TABLE 8 Vegetation Community Mitigation (Western addition to preserve) Exiting Preserve (eastern parcel) (acres) Total Preserve (acres) Vegetation Community Creation (acres) Preservation (acres) Total (acres) Exiting Preserve (eastern parcel) (acres) Total Preserve (acres) Southern maritime chaparral 0.00 1.46 1.46 1.07 2.53 Diegan coastal sage scrub (incl. disturbed) 0.05 0.04 0.09 0.78 0.87 Diegan coastal sage scrub/Chaparral scrub - disturbed 0.00 0.06 0.06 0.09 0.15 Ornamental/Non-native vegetation** 0.00 0.05 0.05 0.02 0.07 Disturbed habitat 0.00 0.00 0.00 0.20 0.20 Urban/Developed 0.00 0.00 0.00 0.04 0.04 TOTAL 0.05 1.61 1.66 2.20 3.86 **lmpacts to the Ornamental and Disturbed Habitat sensitive upland habitat. No creation/restoration or v/ill be mitigated through the long-term preservation of 3.86 acres of payment of fees Is proposed with respect to impacts to this habitat. While no California gnatcatchers were observed or otherwise detected during the June, 2013 protocol surveys, given the habitat types within the study area and vicinity, the BTR identifies a high potential that the coastal California gnatcatcher could temporarily use the coastal sage scrub during foraging and dispersal activities. As a result, the project has been designed to minimize impacts to the habitat on- site to the greatest extent possible. Mitigation measures have been incorporated into the project to reduce the potential direct and indirect impacts to these species, if present. Specifically, the measures include removing vegetation that is critical to these species outside of the breeding season to avoid direct impact to nests and establishing a protocol of surveying and monitoring to avoid indirect impacts to nests within 500 feet of construction activity. In addition, the sensitive native upland habitat on the southern portion of both the eastern and western parcels will be located on a separate lot and will encumbered with a conservation easement (i.e., 3.86 acres) to ensure the long-term preservation ofthis area. SuanTto CMC Chapter 21.210, a Habitat Management Plan Permit is required for any development project which indirectly or directly impacts natural habitat. In addition, the habitat conservation planning (i.e. conversion from standards area to hardline) requires the processing of Consistency Findings, which are also generally referred to as "HMP Findings." The HMP Findings analyze a project's consistency with the standards outlined in each zone. The HMP findings for the proposed project can be found within Planning Commission Resolution No. 7059. As discussed within the Mitigated Negative Declaration prepared for the proposed project, with the incorporation of mitigation measures and compliance with the HMP, the Habitat Management Plan Permit (HMP 13-02) can be supported. In addition, because the western parcel is located within a proposed Standards Area, concurrence from the California Department of Fish and Game and the U.S. Fish and Wildlife Service (i.e.. Wildlife Agencies) is required. Accordingly, concurrence was received from the Wildlife Agencies on February 13, 2014. J. Mello I and Mello II Segments of the Local Coastal Program, Coastal Agricultural Overlay Zone, Coastal Development Permit Procedures, and Coastal Resource Protection Overlay Zone (Chapters 21.201, 21.202,21.203, and 21.205 ofthe Zoning Ordinance) The eastern and western parcels of the Daybreak Community Church project are located within the Mello 1 and Mello II Segments ofthe Local Coastal Program, respectively. Both properties are located GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 - DAYBREAK COMMUNITY CHURCH June 4, 2014 Page 17 outside of the Coastal Commission's appeal area. As analyzed in Sections A of this report, with the inclusion of the proposed Zone Change, General Plan Amendment and Local Coastal Program Amendment associated with the western parcel, the Coastal Zone Land Use and Zoning will be consistent with the City of Carlsbad General Plan Land Use and Zoning. In addition, with the approval of a conditional use permit, both the General Plan Land Use and Zoning designations allow for community facilities such as churches. The project's compliance with the Mello I and II Segments of the Local Coastal Program as well as the implementing ordinances is discussed below. The applicable findings for approval can be found in Planning Commission Resolution No. 7057. 1. Mello I (eastern parcel. APN 215-841-07) and the Mello 11 (western parcel. APN 215-080-04). Segments ofthe Local Coastal Program The proposed project entails the addition of a 1,010-seat, 30-foot-tall sanctuary and an expansion to the parking lot at the Daybreak Church property, which comprises two properties. The project would be consistent with the surrounding development which consists of predominantly two-story single-family and multi-family structures, a church and a community park, as well as the existing 29-foot-tall sanctuary on-site, which will be converted to a multi-purpose room. The new sanctuary will not obstruct views of the coastline as seen from public lands or the public right-of-way nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located in the area of the proposed addition. In addition, the proposed project is not located in an area of known geologic instability or flood hazards. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially-designated site is not suited for water-oriented recreation activities. 2. Coastal Agricultural Overlay Zone The project site (eastern and western parcels) is not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (California State Department of Conservation, June 1990). However, pursuant to Map X ofthe Local Coastal Program, the western parcel (APN 215-080-04) is identified as an area of non-prime agricultural land in the Mello 11 Segment ofthe Local Coastal Program (LCP). Although the property is not currently being utilized for agricultural purposes, it was historically used as such. As a result, the conversion ofthe property to urban development is permitted subject to the payment of an Agricultural Conversion Mitigation fee as specified in Policy 2-1 ofthe Mello II Segment ofthe LCP. The Agricultural Conversion Mitigation fee is only applicable to the area that will be developed on the western parcel (i.e., 2.26 acres); any area that is permanently preserved or which will require the payment of a Habitat Mitigation fee will not be subject to the Agricultural Conversion Mitigation Fee. A mitigation measure has been included in the Mitigated Negative Declaration to require the payment of the Agricultural Conversion Mitigation Fee prior to the issuance of the grading permit to develop the parking lot. 3. Coastal Resource Protection Overlav Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run- off, pollutants and soil erosion. No development is proposed in areas of natural steep slopes > 25% 1 /• GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 - DAYBREAK COMMUNITY CHURCH June 4, 2014 Page 18 gradient, and the native vegetation which is proposed to be removed will be replaced in-kind on-site and permanently preserved in a conservation easement. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. K. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance), Zones 19 and 20 Local Facilities Management Plans The proposed project is located within Local Facilities Management Zones 19 and 20 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 9 below. TABLE 9 - GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration N/A N/A Library N/A N/A Waste Water Treatment 10EDUs Yes Parks N/A N/A Drainage Basin D N/A Circulation 249 weekday PM ADTs 1,718 Sunday AM ADTs Yes Fire Station No. 2 and 4 Yes Open Space N/A N/A Schools N/A N/A Sewer Collection System 10 EDUs Yes Water 40,320 GPD Yes As the proposed project entails a request to rezone the southern 1.66 acres ofthe western parcel from RLM to OS and the area will be permanently preserved as open space through a biological conservation easement, a total of 2.25 excess dwelling units are proposed to be deposited into the City's EDUB (0.070 net acres x 3.2 = 2.25 units). IV. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff 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 Aesthetics, Agricultural and Forestry Resources, Biological Resources, and Noise. Mitigation measures were 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. A Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper and the requisite 30-day public review period for the MND occurred from March 12, 2014 to April 10, 2014. A letter from the San Luis Rey Band of Mission Indians was received on April 10, 2014 requesting the addition of Cultural Resources Mitigation Measures as it pertains to Native American involvement in the grading activities. GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13-02 - DAYBREAK COMMUNITY CHURCH June 4, 2014 Page 19 Consequently, an addendum has been prepared in accordance with Section 15164 of CEQA to add Cultural Resources Mitigation Measure No. Cultural-1. This revision has no new significant environmental effects 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. 7055 (Mitigated Negative Declaration, Addendum and Mitigation Monitoring and Reporting Program) 2. Planning Commission Resolution No. 7056 (GPA 13-01/ZC 12-04) 3. Planning Commission Resolution No. 7057 (LCPA 12-04) 4. Planning Commission Resolution No. 7058 (SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)) 5. Planning Commission Resolution No. 7059 (HMP 13-02) 6. Location Map 7. Disclosure Statement 8. Reduced Exhibits 9. Full Size Exhibits "A - S" dated June 4, 2014 10. Proposed weekly schedule for Daybreak Community Church li IPSSIA RD. w NOT TO SCALE SITE MAP Daybreak Connmunity Church GPA 13-01 / ZC 12-04 /LCPA 12-04 / SDP 00-06(C) CUP 00-06(C) / CDP 00-09(C) / HMP 13-02 "^^x DISCLOSURE ^ Development Services C#>> STATEMENT planning Division CITY OF P- I^A^ 1635 Faraday Avenue CARLSBAD ^"' ^ 'twig: www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corpdnation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity ofthe applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial Interest In the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publlclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) O/ss^^^ze^ COMMLJIOITV CWUBCJ4 Person Corp/Part ^ <^hf^sa^l. hOcgm Csx^iynv Title Title OvVK^gg' Address Address ^SIS" A^Ata.f2/:x:JA^ LAJO>E 2. OWNER (Not the owner's agent) C3.t2i.SEAI>, CA ^20l\ Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. Include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Coro/Part OF (^C^TAL kW-ro Ca^Kytrr Title Title (OwMEg, Address Address (^S\S AtA&ROSiA L^F P-1 (A) Page 1 of 2 Revised 07/10 / C: ^. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit nrn«ni..tinn .ro.„..t hst the names and addresses of ANY person serving as an officer o?direSrof the nor^: profit organization or as trustee or beneficiary of the Non ProfltA-rust (C^Aay VIF^^ ProfitH-rust Title BcsrDa-ADiA^|.>tc:^/^f^ Title Address C>5\S^ AN\P^^(^ L^,.^P Address 4. Sff^ iZrnf n °^ •'"^'"^^^ transacted with any member of City months? Committees and/or Council within the past twelve (12) CD Yes 0 No Ifyes, please indicate person(s).___ NOTE: Attach additional sheets if necessary. 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CT 14-02 - BICAJESSEE ADVENTURES - Request for a recommendation of approval for a Tentative Tract Map to allow for the airspace subdivision of an existing three story commercial office building into six separate ownership units located at 2815 Jefferson Street in Local Facilities Management Zone 1. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301(k) "Existing Facilities" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Mr. Neu stated Agenda Item 1 would normally be heard in a public hearing context; however, the project appears to be minor and routine in nature with no outstanding issues and staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Item 1. Chairperson Black asked if any member of the audience wished to address Agenda Item 1. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Scully and duly seconded by Commissioner Segall, that the Planning Commission approve Agenda Item 1. VOTE: 5-0 AYES: Chairperson Black, Commissioner Anderson, Commissioner Scully, Commissioner Segall and Commissioner Siekmann NOES: None ABSENT: Commissioner L'Heureux ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item, and opened the public hearing on Agenda Item 2. 2 GPA 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09(C)/HMP 13- 02 - DAYBREAK COMMUNITY CHURCH - Request for a recommendation of adoption of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and a request for a recommendation of approval of a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Site Development Plan Amendment, Conditional Use Permit Amendment, Coastal Development Permit Amendment, and a Habitat Management Plan Permit to allow for an expansion to the existing Daybreak Community Church campus, including the addition of a 17,391 square foot, 30-foot-tall sanctuary and the construction of an additional parking lot on a 11.3-acre site, comprising two properties, which are bounded by Poinsettia Lane to the north. Ambrosia Lane to east and Fisherman Drive to the west, within the Mello I and Mello II segments of the Local Coastal Program and Local Facilities Management Zones 19 and 20. The City Planner has determined that through the implementation of the proposed Mitigated Negative Declaration and associated Mitigation, Monitoring and Reporting Program and Addendum, the proposed project avoids the effects or mitigates the effects to a point where clearly no significant effect on the environment would occur, and 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. Mr. Neu introduced Agenda Item 2 and stated Associate Planner Shannon Werneke would make the staff presentation. Ms. Werneke gave a detailed presentation and stated she would be available to answer any questions. Chairperson Black asked if there were any questions of Staff. Commissioner Siekmann inquired about the acreage calculations as they relate to calculating the excess dwelling units. Ms. Werneke stated the applicant's slope analysis determines the net acreage that is Planning Commission Minutes June 4,2014 Page 3 multiplied by 3.2, which is the midpoint for the RLM land use designation. Ms. Werneke also stated that the southern portion of the lot will be designated as open space, because there will never be any development within that area, the calculations allow depositing units into the bank. Commissioner Siekmann asked Ms. Werneke to clarify the wording on the mitigated negative declaration to match the graphics. Ms. Werneke stated due to recent formatting updates to the table, a shortened version was incorporated into the table but the measures as it relates to mitigation remains the same. Commissioner Siekmann asked if the staff report containing the mitigation measures was rounded from 3.86 acres to 3.9 acres in the mitigation monitoring report program. Ms. Werneke stated yes. Commissioner Siekmann asked if there were any comments received for the mitigated negative declaration. Ms. Werneke replied stating other than the comments received from the San Luis Rey Band of Mission Indians, there were none received. Commissioner Segall inquired about the condition on Resolution No. 7058 that states the addition of a channelized island at the point of egress on the upper parking lot. Ms. Werneke stated that based on the concerns staff has received from the residents along Fisherman Drive, vehicles turning left not knowing that the street was a dead end resulted in the addition of a concrete Island to preclude the left hand turn. Commissioner Segall also inquired about Condition No. 25 that states the parking lot shall only be used for Daybreak Community Church and no other outside events may utilize the parking lot. Ms. Werneke stated that based on comments received from concerned residents within the community, the condition was added to the resolution. Chairperson Black asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Bill Hoffman, Hoffman Planning and Engineering, 3156 Lionshead Avenue, Suite 1, Carlsbad, gave a brief presentation and stated he would be available to answer any questions. Gary Webb, Executive Pastor for Daybreak Community Church, 818 Via La Venta, San Marcos, stated he would be available to answer questions. Chairperson Black asked if there were any questions of the applicant. Commissioner Segall asked about Condition No. 25 and the past history of other events causing an overflow of parking. Mr. Webb stated a total of three events used the parking lot. Commissioner Siekmann asked if the park located directly across the street inquired about available parking for special events such as tournaments. Mr. Webb stated no, the church had no evidence showing the use of the parking lots for activities at the park. Commissioner Siekmann asked if they would have any issues with people attending the tournaments parking in their lots. Mr. Webb stated they would not have any issues with hosting an overflow of parking except on Sundays. Commissioner Anderson asked if they host any events in the parking lot. Mr. Webb stated that in the past, they have hosted an Easter festival that is free to the community and have not hosted an event in the last two years. Mr. Webb clarified that the event was held in the lower level of the parking lot as the higher level was utilized for vehicular parking. Mr. Hoffman stated that the city has the ability to review a Conditional Use Permit to address future parking complaints received from the residents. Commissioner Anderson asked if church services would have thirty-minute intervals for entering and exiting the parking lot. Mr. Webb stated assuming additional growth to the property, the church will not have as many services scheduled in the morning. Commissioner Scully asked where parking is reassigned to while events take place in the parking lot. Mr. Webb stated they have used alternative offsite parking venues such as churches in the neighborhood and shuttling people to the events. Commissioner Siekmann asked if there would be bicycle parking. Mr. Webb stated no. Commissioner Siekmann asked if they had parking issues Monday through Saturday. Mr. Webb stated no. Chairperson Black asked if there were any further questions of the applicant. Seeing none, he asked if there were any members ofthe audience who wished to speak on Item 2. Chairperson Black opened public testimony. 1^ Planning Commission Minutes June 4,2014 Page 4 Richard Russell, 6615 Fiona Place, Carlsbad, stated his concerns with the number of phases to the project, height of the proposed building, increase of the church community and the impact to the neighborhood, as well as the proposed chain link fencing along the preserve. De'Ann Weimer, 6606 Fiona Place, Carlsbad, stated her concerns with noise, traffic, parking, and the growth to the community. Chairperson Black asked if staff would respond to the issues raised during public testimony. Ms. Werneke responded to Mr. Russell's concerns regarding the proposed height for architectural projection to rise from 28 to 30 feet and 38 feet, which is allowed within the Aviara Master Plan as well as the Zone 20 Specific Plan. Ms. Werneke also stated that the vinyl chain link fencing is the preferred material to preclude access to people and is proposed along the northern edge of the preserve. Commissioner Anderson asked if the chain link fencing would restrict wildlife. Ms. Werneke stated yes as well as domestic animals. Commissioner Anderson inquired about the phasing of the project. Ms. Werneke stated a proposed modification to the sanctuary was received near the end of the processing for phase 3 and an early public notice was mailed. Chairperson Black asked if there were any further questions of staff. Seeing none, he asked if the applicant would like to respond to issues raised. Mr. Hoffmann stated that in regard to the issues with phasing of the project, the existing sanctuary will be utilized for a multi-purpose room for youth activities and not for large congregations. Commissioner Scully inquired about the consistency of the proposed fencing on Ambrosia Lane with the rest of the community. Mr. Webb stated it would not be an issue to make changes. Commissioner Siekmann inquired about a condition to the chain link fencing near Ambrosia Lane. Ms. Werneke stated that a recommendation was received from the project biologist and is the preference of staff. Mr. Neu stated that staff could make modifications to maintain consistency with the Aviara theme fencing visible from the roadway and then transition into the vinyl chain link to the preserve. Commissioner Siekmann asked if there were going to be any landscaping between the preserve and Ambrosia Lane. Ms. Werneke stated no. Mr. Neu suggested that the Planning Commission refer to Resolution No. 7059, Condition No. 8, Section D-1, in making any changes to fencing along the public rights-of-way to block public access and distance from Ambrosia Lane to the preserve. Commissioner Segall made a motion, which was duly seconded by Commissioner Siekmann, that the Planning Commission remove Condition No. 25 from Resolution No. 7058. Jane Mobaldi, Assistant City Attorney, proposed modified wording for Condition No. 8, Section D-1, to state "...provide fencing along public rights-of-way to block public access to the open space areas to match the existing Aviara fencing if feasible." The Planning Commission voted 5-0 to modify Condition No. 8, Section D-1, as stated above. DISCUSSION Commissioner Segall stated that Condition No. 15-C, regarding the channelized Island, was not necessary. He feels it is unfair to ask the church, which is trying to count pennies, to build a facility to put some kind of device in the street to allow people not to turn left out of the parking lot when It is fairly clear that it is a dead end street and there is a huge sign indicating it is not a complete street. Commissioner Segall also stated that drivers will not want to drive thru the Redeemer by the Sea parking lot because It Is uphill with four or five traffic bumps in a narrow area. He further stated he can support the project. Commissioner Siekmann agrees with Commissioner Segall to remove Condition No. 25 and stated she can also support the project. Planning Commission Minutes June 4,2014 Page 5 Commissioner Anderson concurs with her fellow commissioners and stated she can support the project. Commissioner Scully stated her concerns with parking, traffic circulation and feels the expanded sanctuary is not compatible with the neighborhood. She stated she cannot support the project. Chairperson Black stated he can support the project, however he is against removing Condition No. 25. Chairperson Segall made a motion to remove Condition No. 25. The Planning Commission voted 3-2 (Black, Scully) to remove Condition No. 25 from Resolution No. 7058. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Siekmann, that the Planning Commission adopt Planning Commission Resolution No. 7055 recommending adoption of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and adopt Planning Commission Resolutions No. 7056, 7057, 7058, and 7059 recommending approval of a General Plan Amendment (GPA 13-01), Zone Change (ZC 12-04), Local Coastal Program Amendment (LCPA 12-04), Site Development Plan Amendment (SDP 00-06(C)), Conditional Use Permit Amendment (CUP 00-06(C)), Coastal Development Permit Amendment (CDP 00-09)); and a Habitat Management Plan Permit (HMP 13-02), based on the findings and subject to the conditions contained therein to include the removal of Condition No. 25 from Resolution No 7058 and to modify the wording of Condition No. 8, Section D-1 of Resolution No. 7059. VOTE: 4-1-1 AYES: Chairperson Black, Commissioner Anderson, Commissioner Scully, Commissioner Segall and Commissioner Siekmann NOES: Commissioner Scully ABSENT: Commissioner L'Heureux ABSTAIN: None Chairperson Black closed the public hearing on Agenda Item 2 and thanked staff for their presentations. COMMISSION COMMENTS Commissioner Segall stated the recent Community Appreciation Celebration honoring the first responders and community held at the Safety Center was a positive event for the community. Commissioner Anderson thanked Commissioner Segall for his support to the community and the first responders. CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting ofthe Planning Commission of June 4, 2014, was adjourned at 7:36 p.m. DON NEU City Planner Farah Nisan Minutes Clerk i/t EXHIBIT 7 Epsten Grinnell/^Howell I V^^X. Attorneys at Law Respond to; San Diego office June 13, 2014 Attorneys < www.epsten.com 800.300.1704 VIA HAND DELIVERY Gary Webb Executive Pastor Daybreak Church 6515 Ambrosia Lane Carlsbad, CA 92011 Re: Aviara Premier Collection Association Our File No. 5130.01 Dear Mr. Webb: This firm represents the Aviara Premier Collection Association ("Association"), and the Board of Directors has asked us to contact you regarding the planned expansion of your facilities at the Daybreak Community Church. It has come to the Board's attention that Daybreak is processing plans with the City of Carlsbad for substantial additions and changes to its property within the Association. We understand that these changes include, but are not limited to, major additional structure(s) and fencing. You may recall that as was a consequence of prior unapproved modifications related to your property in 2003 and 2004, the Association was forced to file suit against Daybreak, which resulted in a Settlement Agreement and Release, dated February 18 2004. The Association is again reiterating that the process to approve any changes to your property is governed by multiple approvals, including the Aviara Premier Collection's CC&R's and your binding agreement with Aviara Premier Association entered Into on March 4, 2004, which provides, in part: 9. Future Use of Davbreak Propertv. In its use of Daybreak Property, Daybreak shall abide by Aviara's governing documents and shall not make any exterior improvements facing Poinsettia Lane and Ambrosia Lane except in accordance with such governing documents. Further, Article 9, Section 9.1 ofthe CC&Rs ofthe Association provides: 9.1 Scope. Except as otherwise provided in this Declaration, there shall be no excavation, construction, building, landscaping, development or 2138725V1 San Diego 10200 Willow Creek Rd., Suite 100 San Diego, California 92131 858.527.0111 'fax 858.527.1531 Coachella Valley 74830 Highway 111, Suite 100 Indian Wells, California 92210 760.836.1036 • fax 760.836.1040 Inland Empire 43460 Ridge Park Dr., Suite 200 Temecula, California 92590 951.461.1181 'fax 858.527.1531 Gary Webb Daybreak Church RE: Aviara Premier Collection Association June 13, 2014 Page 2 other Improvements in the Covered Property, including any change or alteration or exterior addition to any Improvements situated within the Covered Property without compliance with this Article. The provisions of this Article shall preempt and supersede any inconsistent provision of any rules or restrictions of any Individual Project Association to the extent that any Individual Project Declaration or any other governing documents for an Individual Project are in conflict with the provisions ofthis Declaration. It appears that Daybreak is processing approval for this project with the City without regard for the Association's governing documents and required approval process. You should be aware that approval from the City has no binding effect on the Association. Approval from the City does not constitute full and complete approval to commence with plans. Please contact the Association at your earliest convenience to submit a formal Architectural Application to the Association, as required in the CC&Rs, Architectural Guidelines, and as you agreed to again in 2004, before commencing with your construction plans. If there are any unapproved modifications to the property, the Association will have no choice but to immediately file a lawsuit to enjoin violation of the governing documents. Both the CC&Rs and California Law allow the prevailing party in such a lawsuit to recover its attorney's fees. Our concern is to make sure the community continues to satisfy the charter as outlined in our governing documents in terms of enhancing the quality life of our community and our long term plans for maintaining and protecting our property values and neighborhood aesthetic. Sincerely, EPSTEN GRINNELL & HOWELL, APC Kieran J. PuFcell KJP:avl cc: Shannon Werneke (via email) 2138725v1 PROOF OF PUBLICATION (2010 & 2011 CCP.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper 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 numbers 171349 & 172171, 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: July 2014 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California On This.i4^a;y^v 2014 Jane Allshouse UT NORTH COUNTY Legal Advertising NOTICE OF PUBLIC HEARING faNOTICE IS HEREBY GIVEN to you, because your in-" ^terest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Coun- cil Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, July 22, 2014, to consider adoption of a Mitigated Negative Declaration, Mitigation Moni-toring and Reporting Program and Addendum; and to approve a General Plan Amendment, Zone Change, Local Coastal Pro- ' gram Amendment, Site Development Plan Amendment, Condi-tional Use Permit Amendment, Coastal Development Permit Amendment, and a Habitat Management Plan Permit to allow for an expansion to the existing Daybreak Community Church campus, including the addition of a 17,391 square foot, 30-foot-tall sanctuary and the construction of an additional parking lot on a 11.3-acre site, comprising two properties, which are bound-ed by Poinsettia Lane to the north. Ambrosia Lane to east and Fisherman Drive to the west, within the Mello I and Mello II segments of the Local Coastal Program and Local Facilities Management Zones 19 and 20 and more particularly described as Eastern Parcel, APN 215-841-07 Lot 8 of City of Carlsbad Tract No. 92-3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13434, filed in the Office of the County Recorder of San Diego County, June 23, 1997 Western Parcel, APN 215-080-04 East V2 of the northeast quarter of the southwest quarter of the southeast quarter of Section 22, Township 12 South, Range 4 West San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, as shown on Record of Survey 17470 Whereas, on June 4, 2014 the City of Carlsbad Planning Commis- sion voted 4-1-1 (Scully; L'Heureux absent) to recommend adop-tion of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and to recommend ap-proval of a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Site Development Plan Amend-ment, Conditional Use Permit Amendment, Coastal Develop- ment Permit Amendment, and a Habitat Management Plan Permit to allow for an expansion to the existing Daybreak Com- munity Church campus, including the addition of a 17,391 square foot, 30-foot-tall sanctuary and the construction of an additional parking lot on a 11.3-acre site, comprising two properties, which are bounded by Poinsettia Lane to the north. Ambrosia Lane to east and Fisherman Drive to the west, within the Mello I and Mello II segments of the Local Coastal Program and Local Fa-cilities Management Zones 19 and 20. The City Planner deter- mined that through the implementation of the proposed Mitigat-ed Negative Declaration and associated Mitigation, Monitoring and Reporting Program and Addendum, fhe proposed proiect avpids the effects or mitigates the effects to a point where clear- ly no significant effect on the environment would occur, and there is no substantial evidence in light of the whole record be- fore the City that the proiect "as revised" may have a signifi-cant effect on the environment. Those persons wishing to speak on this proposal are cordially in- vited to attend the public hearing. Copies of the agenda bill will be available on and after July 18, 2014. If you have any ques- tions, please contact Shannon Werneke in the Planning Division at (760) 602-4621 or shannon.werneke@carlsbadca.gov . If you challenge the adoption of a Mitigated Negative Declara-tion, Mitigation Monitoring and Reporting Program and Adden- dum, General Plan Amendment, Zone Change, Local Coastal Program Amendment, Site Development Plan Amendment, Conditional Use Permit Amendment, Coastal Development Plan Amendment, and/or Habitat Management Plan 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 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/CDP 00-09{C)/HMP 13-02 CASE NAME: DAYBREAK COMMUNITY CHURCH CITY OF CARLSBAD CITY COUNCII pub: 7/11/14 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, July 22, 2014, to consider adoption of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and to approve a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Site Development Plan Amendment, Conditional Use Permit Amendment, Coastal Development Permit Amendment, and a Habitat Management Plan Permit to allow for an expansion to the existing Daybreak Community Church campus, including the addition of a 17,391 square foot, 30-foot-tall sanctuary and the construction of an additional parking lot on a 11.3-acre site, comprising two properties, which are bounded by Poinsettia Lane to the north. Ambrosia Lane to east and Fisherman Drive to the west, within the Mello I and Mello II segments of the Local Coastal Program and Local Facilities Management Zones 19 and 20 and more particularly described as Eastern Parcel. APN 215-841-07 Lot 8 of City of Carlsbad Tract No. 92-3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13434, filed in the Office ofthe County Recorder of San Diego County, June 23, 1997 Western Parcel. APN 215-080-04 East % of the northeast quarter of the southwest quarter of the southeast quarter of Section 22, Township 12 South, Range 4 West San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, as shown on Record of Survey 17470 Whereas, on June 4, 2014 the City of Carlsbad Planning Commission voted 4-1-1 (Scully; L'Heureux absent) to recommend adoption of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and to recommend approval of a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Site Development Plan Amendment, Conditional Use Permit Amendment, Coastal Development Permit Amendment, and a Habitat Management Plan Permit to allow for an expansion to the existing Daybreak Community Church campus, including the addition of a 17,391 square foot, 30-foot-tall sanctuary and the construction of an additional parking lot on a 11.3-acre site, comprising two properties, which are bounded by Poinsettia Lane to the north. Ambrosia Lane to east and Fisherman Drive to the west, within the Mello I and Mello II segments ofthe Local Coastal Program and Local Facilities Management Zones 19 and 20. The City Planner determined that through the implementation of the proposed Mitigated Negative Declaration and associated Mitigation, Monitoring and Reporting Program and Addendum, the proposed project avoids the effects or mitigates the effects to a point where clearly no significant effect on the environment would occur, and 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. 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 July 18, 2014. If you have any questions, please contact Shannon Werneke in the Planning Division at (760) 602-4621 or shannon.werneke(5).carlsbadca.qov. If you challenge the adoption of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, General Plan Amendment, Zone Change, Local Coastal Program Amendment, Site Development Plan Amendment, Conditional Use Permit Amendment, Coastal Development Plan Amendment, and/or Habitat Management Plan 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 13-01/ZC 12-04/LCPA 12-04/SDP 00-06(C)/CUP 00-06(C)/ CDP 00-09(C)/HMP 13-02 CASE NAME: DAYBREAK COMMUNITY CHURCH PUBLISH: July 11, 2014 CITY OF CARLSBAD CITY COUNCIL N NOT TO SCALE SITEMAP Daybreak Community Church GPA 13-01 / ZC 12-04 /LCPA 12-04 / SDP 00-06(C) CUP 00-06(C) / CDP 00-09(C) / HMP 13-02 091-8/0915® 'tiSAV ss/^B 8|qi}Ediajoo LULU Z9 X UIUI gs }BUJJO| ap apnbiig 0918/0919® /^8AV mm ejqilBClLUOo „8/9 g x ezis jaqBj CURRENT RESIDENT 6606 FIONA PL CARLSBAD, CA 92011-4046 CURRENT RESIDENT 6610 FIONA PL CARLSBAD, CA 92011-4046 CURRENT RESIDENT 6614 FIONA PL CARLSBAD, CA 92011-4046 CURRENT RESIDENT 6618 FIONA PL CARLSBAD, CA 92011-404 6 CURRENT RESIDENT 1690 DOCENA RD CARLSBAD, CA 92011-4045 CURRENT RESIDENT 6305 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6325 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6331 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6622 FIONA PL CARLSBAD, CA 92011-404 6 CURRENT RESIDENT 1694 DOCENA RD CARLSBAD, CA 92011-4045 CURRENT RESIDENT 6319 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6327 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6341 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 662 6 FIONA PL CARLSBAD, CA 92011-4046 CURRENT RESIDENT 1698 DOCENA RD CARLSBAD, CA 92011-4045 CURRENT RESIDENT 6321 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 632 9 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 634 3 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6345 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6351 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 64 07 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6413 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6347 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 64 03 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 09 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6417 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 634 9 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 64 05 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6411 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6419 ALEXANDRI CIR CARLSBAD, CA 92011-3610 label size 1" x 2 5/8" compatible with Avery ®5160/8160 EtiQLiette de format 25 mm x 67 mm compatible avec Avery ®5160/8160 Easy Peel® Labels Use Avery® Template 5160® 1 Feed Paper Bend along line to j expose Pop-up Edge™ ^ AVERY® 5960™ 1 1 JOSEPH M & LILIANE KHAYAT 1616\CORTE ORCHIDIA CARLSBAD, CA 92011-4063 RAYMOND L & KELLY SUNDSTROiyi 1632 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 STEVE C & YVONNE RONS 1644 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 lyiCKINZIE 1660 CORTE ORCHIDIA CARLSBAD, CA 92011-4065 KEVIN A & ROBYN BRYAN 167 6 CORTE ORCHIDIA CARLSBAD, CA 92011-4065 GLENN CHANG 1667 CORTE ORCHIDIA CARLSBAD, CA 92011-4066 CHARNG-KENG & YUEH-iyiEI KAO 1620 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 JOSEPH A POST 1636 CORTE ORCHIDIA CARLSBAD, . CA 92011-4063 MICHAEL J GABE 1648 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 BRYAN K & PAMELA CHANDLER 1668 CORTE ORCHIDIA CARLSBAD, CA 92011-4065 KEITH A & KATHERINE KLARER 1673 CORTE ORCHIDIA CARLSBAD, CA 92011-4066 MICHAEL J DERYCKERE 1663 CORTE ORCHIDIA CARLSBAD, CA 92011-4066 EDWARD W & LALAINE AXE 1628 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 DOUGLAS W DEMORO 164 0 CORTE ORCHIDIA CARLSBAD, CA 92011-4 063 JOHN H & ESTHER CASTILLO 1652 CORTE ORCHIDIA CARLSBAD, CA 92011-4065 MAJDI KARADSHEH 1672 CORTE ORCHIDIA CARLSBAD, CA 92011-4065 SWICK 1671 CORTE ORCHIDIA CARLSBAD, CA 92011-4066 GANADEN 1659 CORTE ORCHIDIA CARLSBAD, CA 92011-4066 ABERNATHY 1655 CORTE ORCHIDIA CARLSBAD, CA 92011-4066 JOHN F CONWAY 1639 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 DAVID & CARRIE DAMITZ ; 1627 CORTE ORCHIDIA I CARLSBAD, CA 92011-4064 PHILLIP S & LAURA HOWARD 1651 CORTE ORCHIDIA CARLSBAD, CA 92011-4066 JUNCAI BAI 1635 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 LYNN 2012 1623 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 COLLINS 164 3 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 LOUIS & DEBORAH MOSSA 1631 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 EDWARD & DEBRA MILLER 1619 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 MARTINSON 1615 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160® GIRARD 1611 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 A Sens de charoement Repliez a la hachure afin de | reveler le rebord Pop-up™ J DARREN M DRESSLER 1607 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 wwvtf.avery.com 1-800-GO-AVERY 091-8/0919® ^9A'^ 09AB 8|q!iBdui03 LULU ZQ X LUUJ qz IBUiJOi 8p sjisnbia 091-8/0919® AJ9AV qi!M 8|q!iEdLU00 „8/9 2 x j azjs jsqEi CURRENT RESIDENT 1612 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 1608 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 1604 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 1684 FISHERMAN DR CARLSBAD, CA 92011-2647 CURRENT RESIDENT 1680 FISHERMAN DR CARLSBAD, CA 92011-2647 CURRENT RESIDENT 167 6 FISHERMAN DR CARLSBAD, CA 92011-2647 CURRENT RESIDENT 1672 FISHERMAN DR CARLSBAD, CA 92011-2647 CURRENT RESIDENT 1668 FISHERMAN DR CARLSBAD, CA 92011-2647 CURRENT RESIDENT 1664 FISHERMAN DR CARLSBAD, CA 92011-2647 CURRENT RESIDENT 1667 FISHERMAN DR CARLSBAD, CA 92011-2647 CURRENT RESIDENT 1671 FISHERMAN DR CARLSBAD, CA 92011-2647 CURRENT RESIDENT 1675 FISHERMAN DR CARLSBAD, CA 92011-2647 CURRENT RESIDENT 1679 FISHERMAN DR CARLSBAD, CA 92011-2647 CURRENT RESIDENT 1691 FISHERMAN DR CARLSBAD, CA 92011-2647 CURRENT RESIDENT 1683 FISHERMAN DR CARLSBAD, CA 92011-2647 CURRENT RESIDENT 6610 AMBROSIA LN CARLSBAD, CA 92011-2607 CURRENT RESIDENT 1687 FISHERMAN DR CARLSBAD, CA 92011-2647 CURRENT RESIDENT 6515 AMBROSIA LN CARLSBAD, CA 92011-2606 CURRENT RESIDENT 1699 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1695 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1691 CALLIANDRA RD CARLSBAD, CA 92011-4042 j CURRENT RESIDENT 1687 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1683 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 167 9 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1675 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1663 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1671 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1659 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1667 CALLIT^^DRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1655 CALLIANDRA RD CARLSBAD, CA 92011-4042 ; label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery ®5160/8160 0918/0919® /^SAV 08AB eiquBdujoo UJUJ Z9 X UIUJ qz JBOIJO} gp gnanbiig 0918/091-9® ^9AV ^V.l^ 9|q!}EdLU00 „8/9 2 x „ t 9Z!S |8qE| CURRENT RESIDENT EL CAMINO REAL CARLSBAD, CA 92009 CURRENT RESIDENT EL CAMINO REAL CARLSBAD, CA 92009 CURRENT RESIDENT CABELA PL CARLSBAD, CA 92011 CURRENT RESIDENT BLACK RAIL RD CARLSBAD, CA 92011 CURRENT RESIDENT CALLIANDRA RD CARLSBAD, CA 92011 CURRENT RESIDENT CALLIANDRA RD CARLSBAD, CA 92011 CURRENT RESIDENT AMANTE CT CARLSBAD, CA 92011 CURRENT RESIDENT DOCENA RD CARLSBAD, CA 92011 CURRENT RESIDENT DOCENA RD CARLSBAD, CA 92011 CURRENT RESIDENT ALEXANDRI CIR CARLSBAD, CA 92011 CURRENT RESIDENT CORTE ORCHIDIA CARLSBAD, CA 92011 CURRENT RESIDENT ALEXANDRI CIR CARLSBAD, CA 92011 CURRENT RESIDENT 1603 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT ALEXANDRI CIR CARLSBAD, CA 92011 CURRENT RESIDENT 1607 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 1611 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 1615 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 1619 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 1623 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 1627 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 1652 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 164 8 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 164 4 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 164 0 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 1636 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 1632 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 1628 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 1624 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 1620 MARITIME DR CARLSBAD, CA 92011-4077 CURRENT RESIDENT 1616 MARITIME DR CARLSBAD, CA 92011-4077 ; label size 1" x 2 5/8" compatible vi/lth Avery ®5160/8160 Etiauette de format 25 mm x 67 mm compatible avec Averv ®5160/8160 091-8/091-9® /^-ISAV 39AE siqijBdujoo aiai Z9 x uiui qz tBOuoi ap spnbia 091-8/091-9® AJ8AV mm aiqilEdoioo .,8/9 3 x „ i. gzjs laqsi , CURRENT RESIDENT 1636 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 CURRENT RESIDENT 1648 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 CURRENT RESIDENT 1660 CORTE ORCHIDIA CARLSBAD, CA 92011-4065 CURRENT RESIDENT 1640 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 CURRENT RESIDENT 1652 CORTE ORCHIDIA CARLSBAD, CA 92011-4065 CURRENT RESIDENT 1668 CORTE ORCHIDIA CARLSBAD, CA 92011-4065 CURRENT RESIDENT 164 4 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 CURRENT RESIDENT 1656 CORTE ORCHIDIA CARLSBAD, CA 92011-4065 CURRENT RESIDENT 1672 CORTE ORCHIDIA CARLSBAD, CA 92011-4065 CURRENT RESIDENT 167 6 CORTE ORCHIDIA CARLSBAD, CA 92011-4065 CURRENT RESIDENT 1680 CORTE ORCHIDIA CARLSBAD, CA 92011-4065 CURRENT RESIDENT 1673 CORTE ORCHIDIA CARLSBAD, CA 92011-4066 CURRENT RESIDENT 1671 CORTE ORCHIDIA CARLSBAD, CA 92011-4066 CURRENT RESIDENT 1667 CORTE ORCHIDIA CARLSBAD, CA 92011-4066 CURRENT RESIDENT 1663 CORTE ORCHIDIA CARLSBAD, CA 92011-4066 CURRENT RESIDENT 1659 CORTE ORCHIDIA CARLSBAD, CA 92011-4066 CURRENT RESIDENT 1643 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 CURRENT RESIDENT 1631 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 CURRENT RESIDENT 1619 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 CURRENT RESIDENT 1655 CORTE ORCHIDIA CARLSBAD, CA 92011-4066 CURRENT RESIDENT 1639 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 CURRENT RESIDENT 1627 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 CURRENT RESIDENT 1615 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 CURRENT RESIDENT 1651 CORTE ORCHIDIA CARLSBAD, CA 92011-4066 CURRENT RESIDENT 1635 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 CURRENT RESIDENT 1623 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 CURRENT RESIDENT 1611 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 CURRENT RESIDENT 1607 CORTE ORCHIDIA CARLSBAD, CA 92011-4064 '* 299 Printed *** ; CURRENT RESIDENT : : ' 1603 CORTE ORCHIDIA jl : CARLSBAD^ CA 92011-4064 ', label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery ®5160/8160 091-8/091-9® '^8AV 08AB eiqiiEduioo aiai zg x aiuj qz ?BUJjoi ap auanbi.a 091-8/091.9®/^8AV qi!M aiqpdLUOO „8/9 Z X „i. azis laqBj CURRENT RESIDENT 64 61 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 63 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 65 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 67 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6470 ALEXANDRI CIR 76 CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6472 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6474 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 647 6 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6478 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 80 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6658 CABELA PL CARLSBAD, CA 92011-2641 CURRENT RESIDENT 6650 CABELA PL CARLSBAD, CA 92011-2641 CURRENT RESIDENT 6670 CABELA PL CARLSBAD, CA 92011-2641 CURRENT RESIDENT 6654 CABELA PL CARLSBAD, CA 92011-2641 CURRENT RESIDENT 6682 CABELA PL CARLSBAD, CA 92011-2641 CURRENT RESIDENT 668 6 CABELA PL CARLSBAD, CA 92011-2641 CURRENT RESIDENT 6643 THRASHER PL CARLSBAD, CA 92011-2639 CURRENT RESIDENT 6690 CABELA PL CARLSBAD, CA 92011-2641 CURRENT RESIDENT 6639 THRASHER PL CARLSBAD, CA 92011-2639 CURRENT RESIDENT [ 6647 THRASHER PL \\ CARLSBAD, CA 92011-2639 CURRENT RESIDENT 6635 THRASHER PL CARLSBAD, CA 92011-2639 CURRENT RESIDENT 6636 THRASHER PL CARLSBAD, CA 92011-2639 CURRENT RESIDENT 664 0 THRASHER PL CARLSBAD, CA 92011-2639 CURRENT RESIDENT 664 4 THRASHER PL CARLSBAD, CA 92011-2639 CURRENT RESIDENT 664 8 THRASHER PL CARLSBAD, CA 92011-2639 CURRENT RESIDENT 6641 ELEGANT TERN PL CARLSBAD, CA 92011-2640 CURRENT RESIDENT 664 9 ELEGANT TERN PL CARLSBAD, CA 92011-2640 CURRENT RESIDENT 6637 ELEGANT TERN PL CARLSBAD, CA 92011-2 64 0 CURRENT RESIDENT 6645 ELEGANT TERN PL CARLSBAD, CA 92011-2640 ; I CURRENT RESIDENT ' : 6638 ELEGANT TERN PL CARLSBAD, CA 92011-2640 label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery ®5160/8160 091-8/091-9® 'tiBAV 09AB aiqiiBdaioo UJUJ Z9 X mui qz JBLUJO^ ap apnbiH 0918/091-9®/^8AV mm aiqRBdujoo .,8/9 Z^A szi.s laqEi CURRENT RESIDENT 6387 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6394 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6390 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6396 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6392 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6398 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 64 00 ALEXANDRI CIR 42 CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6301 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6303 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6305 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6431 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6433 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6435 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 41 ALEXANDRI CIR 63 CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6437 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 4 4 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6439 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 4 6 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 4 8 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 50 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 52 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6454 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6307 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6309 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6311 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6317 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6313 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 64 57 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6315 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6459 ALEXANDRI CIR CARLSBAD, CA 92011-3610 I label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery ®5160/8160 091-8/091.9®'^SAV 09AE aiqiiEdoioa uiuj Z9 x aim qz IEOIJOJ ap awanbiig 09L8/0919®'^SAV MUM aiqilEduJOO .,8/9 2 X ..L azis laqEj CURRENT RESIDENT 1651 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1647 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1643 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1678 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1682 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 168 6 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1690 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1669 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1694 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1665 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1673 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1661 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1648 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1652 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1656 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1660 AMANTE CT CARLSBAD, CA 92011-4 041 CURRENT RESIDENT 1664 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1668 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1672 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 167 6 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1680 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1684 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1688 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1692 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1696 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1650 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1654 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1658 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1662 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1666 CALLIANDRA RD CARLSBAD, CA 92011-4042 label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery ®5160/8160 091-8/0919® '^•isAV oaAE ajqpdujoo oiiu Z9 x LUUJ qz ;BUJJOJ ap apnbia 091-8/091-9® /^-iSAV mm aiqijEdLUOO ..8/9 2 x ..^ azis |aqB| CURRENT RESIDENT 1670 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1674 CALLIANDRA RD CARLSBAD, CA 92011-4042 CURRENT RESIDENT 1657 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1653 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 164 9 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1645 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1641 AMANTE CT CARLSBAD, CA 92011-4041 CURRENT RESIDENT 1697 DOCENA RD CARLSBAD, CA 92011-4044 ; ! CURRENT RESIDENT 1 \ I 1693 DOCENA RD CARLSBAD, CA 92011-4044 CURRENT RESIDENT 168 9 DOCENA RD CARLSBAD, CA 92011-4044 CURRENT RESIDENT 1677 DOCENA RD CARLSBAD, CA 92011-4044 CURRENT RESIDENT 1665 DOCENA RD CARLSBAD, CA 92011-4044 CURRENT RESIDENT 167 0 DOCENA RD CARLSBAD, CA 92011-4043 CURRENT RESIDENT 1685 DOCENA RD CARLSBAD, CA 92011-4044 CURRENT RESIDENT 1673 DOCENA RD CARLSBAD, CA 92011-4044 CURRENT RESIDENT 1661 DOCENA RD CARLSBAD, CA 92011-4044 CURRENT RESIDENT 167 4 DOCENA RD CARLSBAD, CA 92011-4043 CURRENT RESIDENT 1681 DOCENA RD CARLSBAD, CA 92011-4044 CURRENT RESIDENT 1669 DOCENA RD CARLSBAD, CA 92011-4044 CURRENT RESIDENT 1664 DOCENA RD CARLSBAD, CA 92011-4043 CURRENT RESIDENT 6635 FIONA PL CARLSBAD, CA 92011-4046 CURRENT RESIDENT 6631 FIONA PL CARLSBAD, CA 92011-4046 CURRENT RESIDENT 6619 FIONA PL CARLSBAD, CA 92011-4046 CURRENT RESIDENT 6627 FIONA PL CARLSBAD, CA 92011-404 6 CURRENT RESIDENT 6615 FIONA PL CARLSBAD, CA 92011-404 6 CURRENT RESIDENT 6623 FIONA PL CARLSBAD, CA 92011-4046 CURRENT RESIDENT 6611 FIONA PL CARLSBAD, CA 92011-4046 CURRENT RESIDENT 6607 FIONA PL CARLSBAD, CA 92011-4046 CURRENT RESIDENT 6603 FIONA PL CARLSBAD, CA 92011-4046 CURRENT RESIDENT 6602 FIONA PL CARLSBAD, CA 92011-4046 ! label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery ®5160/8160 091-8/091-9® /^-iSAV oaAB aiqiiBdoioo luui Z9 x ujoi qz \^mo\ ap auanbiig 091-8/091-9® /^-laAV mm aiqiiBdujoo „8/9 2 x ,.|. azis laqB] CURRENT RESIDENT 6421 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6423 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6425 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6427 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6481 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6483 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 85 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 8 9 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 91 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 93 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 95 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 97 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CURRENT RESIDENT 64 99 ALEXANDRI CIR 90 CARLSBAD, CA 92011-3610 CURRENT RESIDENT 6359 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6355 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6361 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6357 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6363 ALEXANDRI. CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6365 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6334 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6336 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6338 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6369 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6371 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6373 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6377 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 637 9 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6381 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6383 ALEXANDRI CIR CARLSBAD, CA 92011-3600 CURRENT RESIDENT 6385 ALEXANDRI CIR 35 CARLSBAD, CA 92011-3600 ! label size 1" x 2 5/8" compatible with Avery ®5160/81 iso Etiquette de format 25 mm x 67 mm compatible avec Avery ®5160/8160 0918/091-9® AJBAV oaAB aiqijEdujoo ujoi Z9 x UJUJ qz JBUJJOJ ap auanbiQ 0918/091-9® AJ8AV mm aiqilBduJOO ..8/9 2 x „l azis iaqB| CURRENT RESIDENT 6642 ELEGANT TERN PL CARLSBAD, CA 92011-2640 CURRENT RESIDENT 664 6 ELEGANT TERN PL CARLSBAD, CA 92011-2640 CURRENT RESIDENT 6650 ELEGANT TERN PL CARLSBAD, CA 92011-2640 CURRENT RESIDENT 667 4 CABELA PL CARLSBAD, CA 92011-2641 CURRENT RESIDENT 6678 CABELA PL CARLSBAD, CA 92011-2 641 CURRENT RESIDENT 6653 THRASHER PL CARLSBAD, CA 92011-2639 CURRENT RESIDENT 6655 THRASHER PL CARLSBAD, CA 92011-2639 CURRENT RESIDENT 6658 THRASHER PL CARLSBAD, CA 92011-2639 CURRENT RESIDENT 6652 THRASHER PL CARLSBAD, CA 92011-2639 CURRENT RESIDENT 6657 THRASHER PL CARLSBAD, CA 92011-2 639 CURRENT RESIDENT 6656 THRASHER PL CARLSBAD, CA 92011-2639 CURRENT RESIDENT 664 5 SURF CREST ST CARLSBAD, CA 92011-2643 CURRENT RESIDENT 6659 THRASHER PL CARLSBAD, CA 92011-2639 CURRENT RESIDENT 6654 THRASHER PL CARLSBAD, CA 92011-2 639 CURRENT RESIDENT 6641 SURF CREST ST CARLSBAD, CA 92011-2( CURRENT RESIDENT 6637 SURF CREST ST CARLSBAD, CA 92011-2643 CURRENT RESIDENT 6628 SURF CREST ST CARLSBAD, CA 92011-2643 CURRENT RESIDENT 6600 BLACK RAIL RD CARLSBAD, CA 92011-2603 CURRENT RESIDENT 6633 SURF CREST ST CARLSBAD, CA 92011-2643 CURRENT RESIDENT 6624 SURF CREST ST CARLSBAD, CA 92011-2643 CURRENT RESIDENT 1604 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 CURRENT RESIDENT 6632 SURF CREST ST CARLSBAD, CA 92011-2643 CURRENT RESIDENT 6620 SURF CREST ST CARLSBAD, CA 92011-2643 CURRENT RESIDENT 1608 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 CURRENT RESIDENT 1612 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 CURRENT RESIDENT 1616 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 CURRENT RESIDENT 1620 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 CURRENT RESIDENT 1624 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 CURRENT RESIDENT 1628 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 CURRENT RESIDENT 1632 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 ' label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiqijette de format 25 mm x 67 mm compatible avec Avery ®5160/8160 Easy Peel® Labels Use Avery® Template 5160® CYNTHIA G CACHUELA 64ll'ALEXANDRI CIR CARLSBAD, CA 92011-3610 Bend along line to j expose Pop-up Edge™ ^ AVERY® sseoT" | 1 ( BAHRAM HAJIALILOU 6419 ALEXANDRI CIR CARLSBAD, CA 92011-3610 CAROLE RING 648 9 ALEXANDRI CIR CARLSBAD, CA 92011-3610 MARCIA PINK 64 97 ALEXANDRI CIR CARLSBAD, CA 92011-3610 JONATHAN N & KATIE BRINGUIER 6359 ALEXANDRI CIR CARLSBAD, CA 92011-3600 PATRICIA A KAUFMAN 6365 ALEXANDRI CIR CARLSBAD, CA 92011-3600 PERL 6338 ALEXANDRI CIR CARLSBAD, CA 92011-3600 SEYED S MIRZADEH 6377 ALEXANDRI CIR CARLSBAD, CA 92011-3600 PAMELA J GIVENS 6383 ALEXANDRI CIR CARLSBAD, CA 92011-3600 GARY E & CORINNA VANETSKY 6413 ALEXANDRI CIR CARLSBAD, CA 92011-3610 SANDRA M BARTELS 6423 ALEXANDRI CIR CARLSBAD, CA 92011-3610 JASON S & JOANNE HAEUSSINGER 64 91 ALEXANDRI CIR CARLSBAD, CA 92011-3610 STORMY & ELIZABETH HICKS 64 99 ALEXANDRI CIR 90 CARLSBAD, CA 92011-3610 TYSON & KATHRYN ALVAREZ 6361 ALEXANDRI CIR CARLSBAD, CA 92011-3600 BEDELL 6334 ALEXANDRI CIR CARLSBAD, CA 92011-3600 NANCY R HALEY 6369 ALEXANDRI CIR CARLSBAD, CA 92011-3600 WARD 637 9 ALEXANDRI CIR CARLSBAD, CA 92011-3600 SHARON J DEERING 6385 ALEXANDRI CIR 35 CARLSBAD, CA 92011-3600 FRED J & NERICE KAUFMAN 6417 ALEXANDRI CIR CARLSBAD, CA 92011-3610 DREW HYATT 64 27 ALEXANDRI CIR CARLSBAD, CA 92011-3610 MARIE MANDROIAN 64 93 ALEXANDRI CIR CARLSBAD, CA 92011-3610 BARBARA LEVENTHAL 6357 ALEXANDRI CIR CARLSBAD, CA 92011-3600 KEVIN SUN 6363 ALEXANDRI CIR CARLSBAD, CA 92011-3600 JONATHAN L & TRACEE CHATFIELI 6336 ALEXANDRI CIR CARLSBAD, CA 92011-3600 LESTED 6371 ALEXANDRI CIR CARLSBAD, CA 92011-3600 MORGAN 6381 ALEXANDRI CIR CARLSBAD, CA 92011-3600 MARIANNE GRISEZ 6387 ALEXANDRI CIR CARLSBAD, CA 92011-3600 JOHN BROWN 6392 ALEXANDRI CIR CARLSBAD, CA 92011-3600 Etiquettes fadles h peler utilisez le aabarit AVERY® 5160® JUSTINE A SHAYMAN 6394 ALEXANDRI CIR CARLSBAD, CA 92011-3600 Sens de Repliez a la hachure afin de { reveler le rebord Pop-up™ ! GIGI T STOLLAR 6398 ALEXANDRI CIR CARLSBAD, CA 92011-3600 www.^very.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® A Feed Paper Bend along line to expose Pop-up Edge^ RUSSELL PO BOJC 131626 CARLSBAD, CA 92013-1626 JOHN P & JULIE DAVIS *M* 1161 RANCHO ENCINITAS DR ENCINITAS, CA 92024-7024 ERIC & ELIZABETH JEW 3428 RUSSELL ST SAN DIEGO, CA 92106-1815 AVIARA PREMIER COLLECTION RSi 9665 CHESAPEAKE DR 300 SAN DIEGO, CA 92123-1364 RAQUEL BARRIOS-HAUNSCHILD 3525 DEL MAR HEIGHTS RD 371 SAN DIEGO, CA 92130-2199 LINDA M FANNING 1024 BAYSIDE DR 123 NEWPORT BEACH, CA 92 660-74 62 JENNIFER SCHER 132 CRESCENT AVE PORTOLA VALLE, CA 94028-7821 SUSAN SHARP, CCAM JD RICHARDSON CO STE 350 2355 NORTHSIDE DR SAN DIEGO CA 92108 Etiquettes faciles ^ peler Utilisez le gabarit AVERY® 5160® RANDAL B HOPWOOD PO BOX 230383 ENCINITAS, CA 92023-0383 LAURA TADDEI 1660 PRESTWICK CT SAN MARCOS, CA 92069-1180 SSR WESTERN MULTI 5694 MISSION CENTER RD 602- SAN DIEGO, CA 92108-4355 TR JENNINGS 14 664 VIA MONTEVERDE SAN DIEGO, CA 92127-3836 JOSEPH YU 5233 BRICKFIELD LN SAN DIEGO, CA 92130-6948 SCOTT MORROW 26 CALLE MATTIS SAN CLEMENTE, CA 92673-7050 *** 199 Printed **' BILL HOFMAN HOFMAN PLANNING & ENGINEERING STE 1 3156 LIONSHEAD AV CARLSBAD CA 92010 AVERY® 5960TW I DALE V & CHRISTINE THERIOT 694 CYPRESS HILLS DR ENCINITAS, CA 92024-2394 JOHN W STEPP 1202 VIA APUESTO SAN MARCOS, CA 92078-7233 BRINDISI AT AVIARA PREMIER C( 9610 WAPLES ST SAN DIEGO, CA 92121-2955 LAS SUVERA HOMEOWNERS ASSN 11717 BERNARDO PLAZA CT 220 SAN DIEGO, CA 92128-2420 ENCANTADA COMMUNITY ASSOCIAT: 4 PLAZA 16TH IRVINE, CA 92623 EDWARD J & VIRGINIA HANRATTY PO BOX 43125 PORT HUENEME, CA 93044-3125 City Clerk City of Carlsbad 1200 Carlsbad Village Drive CARLSBAD, CA 92008 Sens de rharnement Repliez a la hachure afin de jj reveler le rebord Pop-up™ { www.avery.com 1-800-GO-AVERY f I I I UiOS'Aj^aAriA&AAM r j Mxdn-dod pjoqaj 3| JSI^A^ j ap mjB ajnijseq e} f zaj|d9)| CARLSBAD UIMIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 CITYOF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDUFE 3883 RUFFIN RD SAN DIEGO CA 92123 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDLIFE STE 250 2177 SALK AV CARLSBAD CA 92011 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 :luauJ36jeii} apsuas • SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 LEUCADIA WASTE WATER DISTRO TIMJOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DISTRia 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUAUTY CONTROL BOARD STE 100 2375 NORTHSIDE DR SAN DIEGO CA 92108-2700 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 MICHAEL MCSWEENEY - BIA SD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 ®09iS ®AU3AV iueqeS aj zasimn je|sd e saipe^ sauanbjip ENCINITAS SCHOOL DISTRia 101 RANCHO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 110 5510 OVERU\NDAV SAN DIEGO CA 92123-1239 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 AIRPORT LAND USE COMMISSION SAN DIEGO CO. 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DIVISION OF PLANNING/DEVELOPMENT REVIEW 4050 TAYLOR STREET, MS-240 SAN DIEGO CA 92110 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 DEPT OF FISH & GAME ENV SERV DIV POBOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV REGION IX ENVIRONMENTAL OFFICER 611 WEST SIXTH ST, STE. 811 LOS ANGELES CA 90017 FEDERAL ENERGY REGULATORY COMMISSION 1001ST ST, STE 2300 SAN FRANCISCO CA 941053084 SAN FRANCISCO BAY CONSERV & DEV COM STE 10600 455 GOLDEN GATE AVE SAN FRANCISCO CA 941027019 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 @09iS e;e|dujai @AjaAV asn Aa3AV-O9-008-t UIO}*Al3Ae«flAAAM WATER RESOURCES CONTROL BOARD PO BOX 100 SACR/i-JVIENTO CA 95801 f ludn-dod pJoqai a| JBI^A^J j ap wjB ejnqaeti ej f za|ida)j luaujafijeip f ap suas I ®091S ®Aa3AV HJBqeB a| zasnun j3|3d f saipej. s9U3nb!)|| T ,^a6pB dn-dod asodxa o} aujj fiuoiepuag ®091.S a^Biaiuai g,AjaAV asp Easy Peel® Labels Use Avery® Template 5160® SONG' & LINA HSIA 7 314'-RHONDDA DR LORTON, VA 22079-1544 SANDRA C MARTIN *B* 444 LAKE WABASSO CT SHOREVIEW, MN 55126-3014 KRAUSS PO BOX 65526 TUCSON, AZ 85728-5526 DLL LLC 2952 DOREET WAY CARLSBAD, CA 92008-6880 BRINDISI AT AVIARA PREMIER C( 1935 C7\MIN0 VIDA ROBLE CARLSBAD, CA 92008-5568 Bend along line to j expose Pop-up Edge™ ^ AVERY® 5960^ I 1 EDWARD W & JEAN STERNAGLE 2668 GARDEN HOUSE RD CARLSBAD, CA 92009-3089 DEREK & SUSAN NOBLE 6966 SWEETWATER ST CARLSBAD, CA 92011-3266 ANDREWS 7075 HERON CIR CARLSBAD, CA 92011-3975 WILLITVM D & AMANDA GOODRICH 1611 MARITIME DR CARLSBAD, CA 92011-4077 JEFFREY R & CHARLENE PIVA 1623 MARITIME DR CARLSBAD, CA 92011-4077 Etiquettes fadles a peler Utilisez le qabarit AVERV® 5160® JOSEPH M & ANNE SCHMALTZ 17 41 PALMER AVE WINTER PARK, FL 32789-2754 MARK & LAUREL EICHKORN 1421 SANDSTONE CT SOUTHLAKE, TX 76092-9610 CHRISTOPHER L MASS 10525 TENNESSEE AVE LOS ANGELES, CA 90064-2327 D L L L L C 2952 DOREET^ CARLSK^Sr^A 92008- HEATHER AMBLER 2005 COSTA DEL MAR RD 62 6 CARLSBAD, CA 92009-6819 BRENDAN K OZANNE 357 9 CALLE PALMITO CARLSBAD, CA 92009-8959 ZACHARY R & MARY MCCALEB 7040 AVENIDA ENCINAS 104 CARLSBAD, CA 92011-4653 TERRI W SMITH 1603 MARITIME DR CARLSBAD, CA 92011-4077 ALESSANDRO & TRACY PEDRAZZANI 1615 MARITIME DR CARLSBAD, CA 92011-4077 MARTIN & KRISTINA MATHIESEN 1627 MARITIME DR CARLSBAD, CA 92011-4077 ALTUNGY MARCHAL 701 BRICKELL AVE 1550 MIAMI, FL 33131-2824 DOUGLAS & SHARON FINNEY LLC 6957 W MONONA DR GLENDALE, AZ 85308-9419 JAMEEL FAMILY 9254 CLANCEY AVE DOWNEY, CA 90240-2973 AVIARA PREMIER COLLECTION AS£ 1935 C/UyiINO VIDA ROBLE 200 CARLSBAD, CA 92008-5575 DANIEL MILLER 80 69 PASEO ARRAYAN CARLSBAD, CA 92009-6963 JI F YU 3536 ALANDER CT CARLSBAD, CA 92010-5521 STANLEY T & RAOME MIKUTA *M^ 1319 SAVANNAH LN CARLSBAD, CA 92011-4855 OLSEN 1607 MARITIME DR CARLSBAD, CA 92011-4077 BENCY G & MARILYN JIMINEZ 1619 MARITIME DR CARLSBAD, CA 92011-4077 MCNIEL 1648 MARITIME DR CARLSBAD, CA 92011-4077 Sens de rharaement Repliez h la hachure afin de { reveler le rebord Pop-up™ | wwvMLaveryxom 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® STEVEN GILMORE 164 4 VMARITIME DR CARLSBAD, CA 92011-4077 SEAN M COPELAND i 1632 MARITIME DR { CARLSBAD, CA 92011-4077 ! Feed Paper Bend along line to * expose Pop-up Edge™ Jl AVERY® 5960^*' I 1 NIELS & TINA NORBY 1616 MARITIME DR CARLSBAD, CA 92011-4077 ANUP SINGH 1604 MARITIME DR I CARLSBAD, CA 92011-4077 ALEXANDER PETRIC 1684 FISHERMAN DR CARLSBAD, CA 92011-2647 DANIEL & VALLERY DEVILBISS 1672 FISHERMAN DR CARLSBAD, CA 92011-2647 NICHOLAS H & MARSHA MIRIZZI 1675 FISHERMAN DR CARLSBAD, CA 92011-2647 CURTIS & YUME ENG 1687 FISHERMAN DR CARLSBAD, CA 92011-2647 MICHAEL J & VICKY CAIN 1693 DOCENA RD CARLSBAD, CA 92011-4044 EDWARD H & BEVERLY CANDACE 1681 DOCENA RD CARLSBAD, CA 92011-4044 Etiquettes fadles a peler lJtili«ez le aabarit AVERY® 5160® ROBERT F & KATHLEEN ROTH 1640 MARITIME DR CARLSBAD, CA 92011-4077 ROBERT & DEBRA HEXOM 1628 MARITIME DR CARLSBAD, CA 92011-4077 KENT T & REBECCA SYMONS 1612 MARITIME DR CARLSBAD, CA 92011-4077 HOLT 1309 SHOREBIRD LN CARLSBAD, CA 92011-4885 NANCY REICHEL 1680 FISHERMAN DR CARLSBAD, CA 92011-2647 GREG O SHULL 1668 FISHERMAN DR CARLSBAD, CA 92011-2647 LOBO 167 9 FISHERMAN DR CARLSBAD, CA 92011-2647 DAYBREAK COMMUNITY CHURCH OF 6515 AMBROSIA LN CARLSBAD, CA 92011-2606 BRAINARD 2005 168 9 DOCENA RD CARLSBAD, CA 92011-4044 RON & HEATHER MOSKOWITZ 1664 DOCENA RD CARLSBAD, CA 92011-4043 JOHN C LEE 1636 MARITIME DR CARLSBAD, CA 92011-4077 RYAN J CARR 1624 MARITIME DR CARLSBAD, CA 92011-4077 ANAND & ANJALI RAO 1608 MARITIME DR CARLSBAD, CA 92011-4077 DAYBREAK COMMUNITY, 6515 AMBROSJ CARLSBADTra^ 92011-2606 Sens de Repliez a la hachure afin de} reveler le rebord Pop-up™ | EUGENE J MILLER 167 6 FISHERMAN DR CARLSBAD, CA 92011-2647 ROBERT N ROGERS 1671 FISHERMAN DR CARLSBAD, CA 92011-2647 SZ\AS 1683 FISHERMAN DR CARLSBAD, CA 92011-2647 MIKE & WENDY THOMAS 1697 DOCENA RD CARLSBAD, CA 92011-4044 WHIDDON 1685 DOCENA RD CARLSBAD, CA 92011-4044 VICTOR & VICTORIA ROMERO 1670 DOCENA RD CARLSBAD, CA 92011-4043 www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® $ MID OENG 1674 'iDOCENA RD CARLSBAD, CA 92011-4043 MARC R & TANIA AZAR 6627 FIONA PL CARLSBAD, CA 92011-404 6 CARL W & BARBARA GEHRING *M* 6603 FIONA PL CARLSBAD, CA 92011-404 6 BENI F & DIANE MONACO 6610 FIONA PL CARLSBAD, CA 92011-4046 SCOTT W & MARY LAWS 6622 FIONA PL CARLSBAD, CA 92011-4046 IKEDA 1998 FAMILY 1694 DOCENA RD CARLSBAD, CA 92011-4045 MAX H & DIANE ANDERSON 6321 ALEXANDRI CIR CARLSBAD, CA 92011-3600 GARY D & MARTHA BADER 6329 ALEXANDRI CIR CARLSBAD, CA 92011-3600 MELISSA BUCKLEY 634 3 ALEXANDRI CIR CARLSBAD, CA 92011-3600 COLLEEN G REAGAN 6403 ALEXANDRI CIR CARLSBAD, CA 92011-3610 Etiquettes fadles hi peler Utilisez le aabarit AVERY® 5160® I Feed Paper Bend along line to • expose Pop-up Edge™ ^ FOUAD ABDELHALIM 6635 FIONA PL CARLSBAD, CA 92011-404 6 DANIEL P BROWNE 6619 FIONA PL CARLSBAD, CA 92011-4046 GREGORY T & MARY WILSON 6602 FIONA PL CARLSBAD, CA 92011-4046 MICHAEL & CHARLOTTE BARRY 6614 FIONA PL CARLSBAD, CA 92011-4046 MARY J BENNETT 662 6 FIONA PL CARLSBAD, CA 92011-4046 RODOLFO M & SUSAN MICHELON 1698 DOCENA RD CARLSBAD, CA 92011-4045 GAINES 6325 ALEXANDRI CIR CARLSBAD, CA 92011-3600 DENNIS & CHERYL DILLON 6331 ALEXANDRI CIR CARLSBAD, CA 92011-3600 STEVEN E SIPE 6345 ALEXANDRI CIR CARLSBAD, CA 92011-3600 WILLARD G & DIANNE CHRISMAN 6407 ALEXANDRI CIR CARLSBAD, CA 92011-3610 AVERY® 5960™ I i ROBIN & MICHELLE MITCHELL 6631 FIONA PL CARLSBAD, CA 92011-404 6 RYAN & CAREY HEADLEE 6611 FIONA PL CARLSBAD, CA 92011-404 6 DEANN & RUTH WEIMER 660 6 FIONA PL CARLSBAD, CA 92011-4046 SPITLER 6618 FIONA PL CARLSBAD, CA 92011-4046 GEOFFREY R & MELANIE SCHWARTz 1690 DOCENA RD CARLSBAD, CA 92011-4 045 GLENDA MACREADY 6319 ALEXANDRI CIR CARLSBAD, CA 92011-3600 KATHRYN SPADARO 6327 ALEXANDRI CIR CARLSBAD, CA 92011-3600 MARY GOETZ 6341 ALEXANDRI CIR CARLSBAD, CA 92011-3600 SCHWAB 6351 ALEXANDRI CIR CARLSBAD, CA 92011-3600 REBECCA BATTERSON 6409 ALEXANDRI CIR CARLSBAD, CA 92011-3610 Sens de rhamombnt Repliez h la hachure afin de \ t6v&et le rebord Pop-up™ ! www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® ELIANA lAASOn 6301 ALEXANDRI CIR CARLSBAD, CA 92011-3600 ELEANOR L FITZGERALD 6437 ALEXANDRI CIR CARLSBAD, CA 92011-3610 DENISE M SCALZO 64 4 8 ALEXANDRI CIR CARLSBAD, CA 92011-3610 EVEREKLIAN 6454 ALEXANDRI CIR CARLSBAD, CA 92011-3610 KAREN J MERHAB 6317 ALEXANDRI CIR CARLSBAD, CA 92011-3600 ROGER POWELL 64 61 ALEXANDRI CIR CARLSBAD, CA 92011-3610 A TZAFEROS 64 67 ALEXANDRI CIR CARLSBAD, CA 92011-3610 MARILYN J GRAF 647 6 ALEXANDRI CIR CARLSBAD, CA 92011-3610 MORNING RIDGE HOMEOWNERS ASSt 2131 LAS PALMAS DR A CARLSBAD, CA 92011-1524 RICHARD V & R DONNELLY 1604 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 Bend along line to j expose Pop-up Edge™ ^ AVERY® 596©™ 1 1 KIMBERLY A AKERS 6303 ALEXANDRI CIR CARLSBAD, CA 92011-3600 STEVEN R & KAREN WIRRIG 6439 ALEXANDRI CIR CARLSBAD, CA 92011-3610 LESLIE S MAYO *M* 64 50 ALEXANDRI CIR CARLSBAD, CA 92011-3610 BIDWELL 6309 ALEXANDRI CIR CARLSBAD, CA 92011-3600 JACQUELINE J MATZAT 64 57 ALEXANDRI CIR CARLSBAD, CA 92011-3610 RONALD L & DONNA FALLER 64 63 ALEXANDRI CIR CARLSBAD, CA 92011-3610 BERG 64 72 ALEXANDRI CIR CARLSBAD, CA 92011-3610 MICHAEL SARKIN 6478 ALEXANDRI CIR CARLSBAD, CA 92011-3610 ASSC MORNING RIDGE HOMEOV 2131 LAS PALM^5-^J^ C ARL SBA&r''CA 9 2 011 -15 2 4 YING LI 1608 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 Etiquettes fadles a peler Utilisez le gabarit AVERY® 5160® • Sens de charaement Repliez h la hachure afin de j r^v^ler le rebord Pop-up™ j MATTHEW J PAVIN 6305 ALEXANDRI CIR CARLSBAD, CA 92011-3600 SUSAN J MALONE 64 41 ALEXANDRI CIR 63 CARLSBAD, CA 92011-3610 JIMMY MALGET 64 52 ALEXANDRI CIR CARLSBAD, CA 92011-3610 JOHNSON 6315 ALEXANDRI CIR CARLSBAD, CA 92011-3600 AMY J SUSI 64 59 ALEXANDRI CIR CARLSBAD, CA 92011-3610 GERALD J CWYNAR 64 65 ALEXANDRI CIR CARLSBAD, CA 92011-3610 TIM L FRIGON 6474 ALEXANDRI CIR CARLSBAD, CA 92011-3610 SIEGLINDE MERWIN 64 80 ALEXANDRI CIR CARLSBAD, CA 92011-3610 REDEEMER BY THE SEA LUTHERAN 6600 BLACK RAIL RD CARLSBAD, CA 92011-2603 JAMES T & CHRISTY SHIKIYA 1612 CORTE ORCHIDIA CARLSBAD, CA 92011-4063 vwvw.avery.coni 1-800-GO-AVERY AFFIDAVIT OF MAILING NOTICE OF PUBUC HEARING TO: CITY CLERK DATE OF PUBLIC HEARING: SUBJECT: D/ZuhiTe^sJ^ d>^^uh.chj ChuroA^ LOCATION: /Ac^ Carlshod^ [/cUa^ DrcVe> DATE NOTICES MAILED TO PROPERTY OWNERS: NUMBER MAILED: I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE (Siqnature) 7^ / (Datfe) (Signature) /T / (Date) SENT TO FOR PUBLICATION VIA E-MAIL TO: V0^Union Tribune I I Coast News PUBLICATION DATE: Union Tribune, Coast News I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and correct. Date: l/^/f^ C^d^-TWy^^ O/c/" " ' (Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments w S:^r<-Arr^'r/ir^yr "t^. . a>^/<- Conmnmity Association Managemenl AVIARA. PREMIER COLLECTION Homeowners Association July 22,2014 Mayor Matt Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Mayor Hall and City Council Members, Aviara Premier Collection would like to notify you that it is presently opposed to the building expansion proposal recently presented by the Daybreak Church. The Daybreak Church is located within, and is a member of, Aviara Premier Collection Homeowner's Association. As such, the Daybreak Church is bound by the Association's CC&Rs, which, in relevant part, provide: Section 9.1 Scope. Except as otherwise provided in this Declaration, there shall be no excavation, construction, building, landscaping, development or other Improvements in the Covered Property, including any change or alteration or exterior addition to any Improvements situated within the Covered Property without compliance with this Article. The provisions of this Article shall preempt and supersede any inconsistent provision of any rules or restrictions of any Individual Project Association to the extent that any Individual Project Declaration or any other goveming docimients for an Individual Project are in conflict with the provisions of this Declaration. Section 9.9. L Limitations on Improvements. If the Architectural Guidelines so provide, no Improvements shall be commenced, erected or maintained upon the Covered Property, nor shall there be any addition to or change in the exterior ofany Dwelling, stracture or other Improvement, unless plans and specifications therefor, showing the nature, design, kind, shape, height, width, color, material and location and any other infonnation prescribed by the Architectural Guidelines (collectively, "Plans and Specifications") have been submitted to and approved by the Architectural Committee in accordance with the procedures set forth in the Architectural Guidelines. The Association's 2010 Architectural and Landscape Improvement Manual in relevant part provide: Homeowners are reminded that approval from the ARC is required for any additions or alterations that meet any of the following: Architectural Review Committee Approval A. Homeowners are reminded that approval from the Architectural Review Committee (ARC) is required for any additions or alterations that meet any of the following: All exterior structures, alterations, and landscaping of front, side and rear yards, including fences and walls. Front yard is defined as all space in front of side gates and front face of house; back and side yards are behind side gates. B Any change to the exterior appearance of one's property, unless noted as pre- approved in this manual, must be approved by the ARC. Further, once a plan is approved, any modification to the approved plan must be approved by the ARC prior to installation. Any unapproved improvements are subject to removal at the owner's sole expense. It is our understanding the Daybreak Church is seeking approval from the City for an exterior expansion project without first obtaining the consent required by the Association's goveming documents. Accordingly, the Association requests the City withhold approval of any plans presented by the Daybreak Church until it cotrfirms the plans have been approved by the Association. Thank you for your anticipated courtesy and cooperation in this matter. Ifyou have any questions regarding this letter or this matter, please contact our Community Manager, Susan Sharp: Susan Sharp, CCAM, CMCA New Development Coordinator Transitions Coordinator JD Richardson Co. 2355 Northside Drive, Suite 350 San Diego, CA 92108 619-234-9884 office 619-234-9570 fax Sincerely, ( Julie Leader *-^President, Aviara Premier Collection Daybreak Community Church1July 22, 2014Shannon Werneke, Associate Planner Location MapCASSIA RDBLUEBIRD LNKINGLET WYKINGBIRD LNPOINSETTIA LNSONGBIRD AVCABELA PLBLACK RAIL RDDOCENA RDF IO N A P L ZEPHYR CTFISHERMAN DRAMBROSIA LNAMANTE CTCORTE ORCHIDIAMARITIME DRALEXANDRI CR Zone 20 SPRLM/L‐CLZone 20 SPRLM/L‐CLAviara MPRM/PC/OSAviara MPRM/PC/OS2 KIWI PLBLUEBIRD LNPIPIT CTKINGBIRD LNPOINSETTIA LNCALLIANDRA RDCASSIA RDKALMIA CRMARTINGALE CTTHRASHER PLCABELA PLSURF CREST STBLACK RAIL RDSWEETCLOVER LNDOCENA RDSITIO CEDRELAFIO N A P LFAIRLEAD AVNEW CREST CTAMBROSIA LNAMANTE CTCORTE ORCHIDIAMARITIME DRELEGANT TERN PLFISHERMAN DRALEXANDRI CR 0400800200FeetGPA 13-01 / ZC 12-04 / LCPA 12-04 /SDP 00-06(C) / CUP 00-06(C) /CDP 00-09(C) / HMP 13-02DaybreakCommunity Church3 Internal View‐Existing Site4 Vacant Lot‐Looking Northeast5 May, 2014 Fire6 Site Plan7 Looking Southwest fr. Poinsettia 8 Overview of Site from Poinsettia9 Internal View‐South Elevation10 Habitat Management Plan Permit11 GPA/LCPAExistingProposed12 Zone Change/LCPAExistingProposed13 Environmental ReviewMitigated Negative Declaration prepared Potential impacts to Aesthetics, Agricultural Resources, Biological Resources and Noise Mitigation reduces impacts to less than significant levelAddendum prepared to add mitigation measures for Cultural Resources; re‐circulation not required.14 Planning Commission ActionRecommended approval June 4, 2014Discussion regarding fencing material for the open space, parking/traffic, and the project conditionsTwo residents, including the President of Friends of Aviara, spoke  in opposition of the project due to traffic concerns15 Correspondence ReceivedLetter received June 13, 2014 from the       Aviara Premier Collection HOAAttached to Agenda Bill (Exhibit 7)Indicates project requires approval from the HOACity does not enforce CC&Rs; private agreement between the HOA and homeowner16 RecommendationIntroduce Ordinance No.CS‐260approving Zone ChangeNo. ZC 12‐04, and adopt Resolution No.2014‐194,adopting a Mitigated Negative Declaration, MitigationMonitoring and Reporting Program and Addendum andapproving a General Plan Amendment No. GPA 13‐01,Local Coastal Program Amendment No. LCPA 12‐04, SiteDevelopment Plan Amendment No. SDP 00‐06(C),Conditional Use Permit Amendment No. CUP 00‐06(C),Coastal Development Permit Amendment No. CDP 00‐09(C), and Habitat Management Plan Permit No. HMP13‐02.17 18