HomeMy WebLinkAbout2019-08-20; City Council; ; Ocean View Point GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)CAReview L
(i) CITY COUNCIL
Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
Project Name:
Project No.:
August 20, 2019
Mayor and City Council
Scott Chadwick, City_ Manager
Jason Goff, Senior Planner
jason.goff@carlsbadca.gov or 760-602-4643
Adoption of a Mitigated Negative Declaration, Mitigation Monitoring and
Reporting Program and Addendum; and approval of a General Plan
Amendment, Zone Change, Local Coastal Program Amendment,
Tentative Tract Map, Planned Development Permit, Coastal Development
Permit, Hillside Development Permit and Habitat Management Plan
Permit for the Ocean View Point project located on a 21.9-acre
previously subdivided property south of the terminus of Twain Avenue
within the Mello II Segment of the Local Coastal Program and Local
Facilities Management Zone 8.
Ocean View Point
GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/
HDP 15-03/HMP 15-05 (DEV15043)
Recommended Action
Hold a public hearing and 1) introduce an ordinance approving a Zone Change and Local Coastal
Program Amendment; and 2) approve a resolution adopting a Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, and Addendum; and approving a General Plan
Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Development
Permit, Coastal Development Permit, Hillside Development Permit and Habitat Management
Plan Permit to allow for the subdivision and development of 18 lots {13 single-family
residential, one private street, and four open space), all of which is contained within a 21.9-acre
previously subdivided property generally located south of the terminus of Twain Avenue within
the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 8. The
project is not located within the appealable area of the California Coastal Commission.
Executive Summary
Ocean View-Carlsbad, LLC has submitted an application for the subdivision and development of
13 single-family residential lots on a 21.9-acre property at the southern terminus of Twain
Avenue, abutting the Spyglass Hills neighborhood. The project includes a private street and
gated entry and no homes are proposed at this time. The 21.9-acre property is the subject of a
previously approved and recorded subdivision (CT 02-06 -Kirgis Subdivision), which allows for
the development of five single-family residential lots (ranging from 37,679 square feet to
54,581 square feet in size) and the preservation of 16.5 acres of open space. No grading or
development of this site has occurred.
August 20, 2019 Item #11 Page 1 of 160
The Ocean View Point project is now proposing to re-subdivide this 21.9-acre property and
increase the development potential of the site to 13 single-family residential lots (ranging from
10,353 square feet to 19,660 square feet in size) while still preserving 16.5 acres of open space.
The proposed Ocean View Point subdivision (CT 15-07) is designed to substantially occupy the
same development footprint as the Kirgis Subdivision with the exception of the former project's
developable area of 5.4 acres. The proposed project's developable area has been reduced in
size to 4.8 acres to accommodate 1) the addition of a 20-foot upland habitat buffer between
the proposed residential lots and the open space preserve lot, and 2) a relocation of 2,127
square feet of open space dedication from one onsite location to another.
The proposed subdivision requires a General Plan Amendment to change the property's
residential land use designation on the portion of property proposed for development from R-
1.5 (Residential, 0-1.5 du/ac) to R-4 (Residential, 0-4 du/ac), a Zone Change from R-1-30,000 to
R-1, and a Local Coastal Program Amendment to make the Local Coastal Program (LCP) Land
Use and Zoning maps consistent with the proposed amendments to the city's General Plan Land
Use and Zoning maps. The proposed Local Coastal Program Amendment requires approval
from the California Coastal Commission.
The project's proposed residential density is 2.7 dwelling units per acre, which is consistent
with the proposed land use and zoning for the developable portion of the site. The 16.5-acre
open space area will be added to the city's Habitat Management Plan (HMP) Preserve. The
project proposes to mitigate all habitat impacts in the project's open space lot as well as within
three off-site locations within the city's Coastal Zone boundary for a no-net-loss of habitat. The
future development of single-family homes will be subject to City Council Ordinances CS-347,
CS-348, CS-349 and CS-350 and City Council Resolution No. 2019-024 where applicable in
compliance with the city's Climate Action Plan. To meet the City's lnclusionary Housing
requirements, the project will enter into an affordable housing agreement to provide two (2)
affordable housing units either on-site or through an alternative method prior to approval of
the final map. The development of homes on the lots will require approval of a Coastal
Development Permit prior to construction.
Discussion
At the June 19, 2019, Planning Commission hearing, staff presented the project, the applicant
made a presentation, and six members of the public spoke before the Commission. Three
speakers addressed the Planning Commission in support of the project, while three speakers
spoke in opposition. The main focus of opposition centered on loss of views and privacy. The
Planning Commission asked clarifying questions regarding pad height differences between the
proposed lots and the adjacent subdivision, fire suppression zone compliance and maintenance
responsibilities, trail connectivity, and habitat mitigation. Staff discussed compatibility of
single-family residential development adjacent to existing single-family residential development
in response to opposition concerns. The Planning Commission deliberated and ultimately
recommended approval of the project to the City Council (6-0-1, Commissioner Anderson
absent).
August 20, 2019 Item #11 Page 2 of 160
Fiscal Analysis
All required improvements needed to serve this project will be funded and/or constructed by the
developer. The Facility Financing section of the Zone 8 Local Facilities Management Plan {LFMP
8) provides a list of the public facilities necessary to serve development within Zone 8.
Next Steps
If approved, the City Council's next action will be the second reading of the ordinance if
adopted. Following this action, staff will submit an application for a Local Coastal Program
· Amendment to the California Coastal Commission for review and consideration.
Environmental Evaluation (CEQA)
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 impacts on the
environment. The environmental impact assessment identified potentially significant impacts to
both Biological Resources and Cultural Resources. The city conducted and concluded tribal
consultation pursuant to California Senate Bill {SB) 18 and Assembly Bill {AB) 52. Mitigation
measures have been incorporated into the design of the project and the Mitigation Monitoring
and Reporting Program (MMRP) such that all potentially significant impacts will be mitigated to
below a level of significance.
A Notice of Intent to adopt a Mitigated Negative Declaration (MND) and MMRP was published
in the newspaper and filed with the State Clearinghouse {SCH#2016051007) for a 30-day public
review period from May 3, 2016 to June 3, 2016 and extended to June 20, 2016. No comments
from the public or state agencies were received during the public review period.
An analysis of the project's consistency with the City's HMP was prepared and submitted for
review to the Wildlife Agencies. An HMP Consistency Determination from the Wildlife Agencies
was received on March 15, 2019, acknowledging the project's consistency with the HMP. Minor
project design changes, as well as minor revisions to the Biological Resources Mitigation
Measures, were required for HMP consistency that included a reduction in the overall
development impact footprint area to accommodate a 20-foot-wide upland habitat buffer
between the proposed open space and development area. Additional mitigation was also
added to fully address the Coastal Zone's no-net-loss criteria relating to coastal sage scrub
impacts. An addendum was prepared in accordance with Section 15164 of CEQA to address
these minor changes. The changes have no new significant environmental effects not otherwise
analyzed in the previously circulated MND, and none of the circumstances requiring
recirculation or a subsequent MND under CEQA Guidelines Section 15162 exist.
Public Notification
The project is not subject to City Council Policy No. 84 -Development Project Public
Involvement Policy, since the project was filed prior to the effective date of the policy.
Information regarding public notifications of this item such as mailings, and public hearing
notices posted in the newspaper and on the city website are available in the Office of the City
Clerk.
August 20, 2019 Item #11 Page 3 of 160
Exhibits
1. City Council Ordinance
2. City Council Resolution
3. Location Map
4. Planning Commission Resolutions 7337, 7338, and 7339
5. Planning Commission Staff Report dated June 19, 2019 (without resolutions)
6. Excerpts of Planning Commission Minutes dated June 19, 2019
7. Correspondence
August 20, 2019 Item #11 Page 4 of 160
ORDINANCE NO. CS-358
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENTS TO THE CITYWIDE ZONING AND
LOCAL COASTAL PROGRAM ZONING MAPS TO ALLOW A CHANGE FROM
ONE-FAMILY RESIDENTIAL 30,000 SQUARE FOOT MINIMUM LOT AREA (R-1-
30,000) TO ONE-FAMILY RESIDENTIAL (R-1) FOR A 5.4-ACRE PORTION OF A
21.9-ACRE PREVIOUSLY SUBDIVIDED PROPERTY GENERALLY LOCATED
SOUTH OF THE TERMINUS OF TWAIN AVENUE WITHIN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 8.
CASE NAME: OCEAN VIEW POINT
CASE NO.: ZC 15-03/LCPA 15-05 (DEV15043)
EXHIBIT 1
WHEREAS, OCEAN VIEW-CARLSBAD, LLC, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
Lots 1 through 7, inclusive, of City of Carlsbad Tract No. CT 02-06, in the
City of Carlsbad, County of San Diego, State of California, according to map
thereof No. 16265, filed in the Office of the County Recorder of San Diego
County on April 27, 2018
("the Property"); and
WHEREAS, said verified application constitutes a request for a Zone Change and Local
Coastal Program Amendment as shown on Exhibits "ZC 15-03" and "LCPA 15-05" -OCEAN VIEW POINT
dated June 19, 2019, attached hereto and made a part hereof; and
WHEREAS, the City Council held 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, if any, of all persons desiring to be heard, said City Council considered all factors relating
to the "ZC 15-03/LCPA 15-05 -OCEAN VIEW POINT."
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad, California,
does ordain as follows:
1. The above recitations are true and correct.
August 20, 2019 Item #11 Page 5 of 160
2. That Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning Map and
the Local Coastal Program Zoning Map, are amended as shown on the maps marked "ZC 15-03-OCEAN
VIEW POINT" and "LCPA 15-05-OCEAN VIEW POINT" dated June 19, 2019, attached hereto and made
a part hereof.
3. That the findings and conditions of the Planning Commission in Planning
Commission Resolution No. 7338 shall also constitute the findings and conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the
City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a
summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper
of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding
the preceding, this ordinance shall not be effective until LCPA 15-05 is approved by the California
Coastal Commission.)
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
20th day of August 2019, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the ___ day of ________ _, 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
August 20, 2019 Item #11 Page 6 of 160
RESOLUTION NO. 2019-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION,
MITIGATION MONITORING AND REPORTING PROGRAM, AND ADDENDUM;
APPROVING A GENERAL PLAN AMENDMENT TO AMEND THE LAND USE
ELEMENT OF THE GENERAL PLAN FROM RESIDENTIAL (R-1.5) TO
RESIDENTIAL (R-4) AND A LOCAL COASTAL PROGRAM AMENDMENT TO
REFLECT THE PROPOSED GENERAL PLAN LAND USE; AND APPROVING A
TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT, COASTAL
DEVELOPMENT PERMIT, HILLSIDE DEVELOPMENT PERMIT, AND HABITAT
MANAGEMENT PLAN PERMIT TO ALLOW FOR THE SUBDIVISION AND
DEVELOPMENT OF 18 LOTS (13 SINGLE-FAMILY RESIDENTIAL, ONE PRIVATE
STREET, AND FOUR OPEN SPACE), ALL OF WHICH IS CONTAINED WITHIN A
21.9-ACRE PREVIOUSLY SUBDIVIDED PROPERTY GENERALLY LOCATED
SOUTH OF THE TERMINUS OF TWAIN AVENUE WITHIN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 8.
CASE NAME:
CASE NO.:
OCEAN VIEW POINT
GPA 15-02/LCPA 15-05/CT 15-07/PUD 15-15/
CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
EXHIBIT 2
WHEREAS, City Council of the City of Carlsbad, California has determined that pursuant to the
provisions of the Carlsbad Municipal Code, the Planning Commission did, on June 19, 2019, 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 GPA 15-02, Local Coastal
Program Amendment LCPA 15-05, Tentative Tract Map CT 15-07, Planned Development Permit PUD
15-15, Coastal Development Permit CDP 15-53, Hillside Development Permit HDP 15-03, and Habitat
Management Plan Permit HMP 15-05, as referenced in Planning Commission Resolution Nos. 7337,
7338 and 7339; and the Planning Commission adopted Resolution Nos. 7337, 7338 and 7339
recommending to the City Council that they be approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider
said Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum;
and General Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned
Development Permit, Coastal Development Permit, Hillside Development Permit, and Habitat
Management Plan Permit.
August 20, 2019 Item #11 Page 9 of 160
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the Mitigated
Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and General Plan
Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Development Permit,
Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the adoption of a Mitigated
Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; and approval of
General Plan Amendment GPA 15-02, Local Coastal Program Amendment LCPA 15-05, Tentative Tract
Map CT 15-07, Planned Development Permit PUD 15-15, Coastal Development Permit CDP 15-53,
Hillside Development Permit HDP 15-03, and Habitat Management Plan Permit HMP 15-05, are
adopted and approved, and that the findings and conditions of the Planning Commission contained in
Planning Commission Resolution Nos. 7337, 7338 and 7339 on file with the City Clerk and incorporated
herein by reference, are the findings and conditions of the City Council.
3. That the approval of GPA 15-02 as shown on Exhibit "GPA 15-02" -OCEAN VIEW POINT
dated June 19, 2019, attached hereto and made a part hereof, shall not be effective until LCPA 15-05
is approved by the California Coastal Commission and the California Coastal Commission's approval
becomes effective.
· 4. That the approval of LCPA 15-05 as shown on Exhibit "LCPA 15-05" -OCEAN VIEW POINT
dated June 19, 2019, attached hereto and made a part hereof, shall not be effective until it is approved
by the California Coastal Commission and the California Coastal Commission's approval becomes
effective.
5. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 ofthe Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
August 20, 2019 Item #11 Page 10 of 160
"NOTICE"
The time within which judicial review of this decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a request for the record 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 extended to not later than the thirtieth day following
the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request for the preparation of the record of the proceedings shall be
filed with the Office of the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 20th day of August 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Bhat-Patel, Blackburn, Schumacher, Hamilton.
None.
Hall. 1~ ftlM)c/1ovlL
'Q,t' MAnJLL, Mayor
(Lu.J1tLzr!~
~RBARA ENGLESON, City Clerk
(SEAL) ,,,,,,,111111111,,,,,,,,,,,,
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f .... /_\l'l \O\~~ ~)CJ ~ \~'~ •• ;ii ~~----.~---··· ~ ~//f.1 ···········-.l..,'t--..ff '/1,,:-1 FOP.",,,,,~ ,,,,,,,,,,,111111\\~
August 20, 2019 Item #11 Page 11 of 160
PLANNING COMMISSION RESOLUTION NO. 7337
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED
NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING
PROGRAM AND ADDENDUM FOR THE APPROVAL OF AN AMENDMENT
TO THE LAND USE ELEMENT TO CHANGE THE GENERAL PLAN LAND USE
DESIGNATION FROM RESIDENTIAL (R-1.5) TO RESIDENTIAL (R-4); A ZONE
CHANGE FROM ONE-FAMILY RESIDENTIAL 30,000 SQUARE FOOT
MINIMUM LOT AREA (R-1-30,000) TO ONE-FAMILY RESIDENTIAL (R-1);
AND A LOCAL COASTAL PROGRAM LAND USE AND ZONE CHANGE TO
REFLECT THE PROPOSED GENERAL PLAN LAND USE AND ZONING FOR A
5.4-ACRE PORTION OF A 21.9-ACRE PROPERTY AND APPROVAL OF A
TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT, COASTAL
DEVELOPMENT PERMIT, HILLSIDE DEVELOPMENT PERMIT, AND HABITAT
MANAGEMENT PLAN PERMIT TO ALLOW FOR THE SUBDIVISION AND
DEVELOPMENT OF 18 LOTS (13 SINGLE-FAMILY RESIDENTIAL, ONE
PRIVATE STREET, AND FOUR OPEN SPACE) ON A 21.9-ACRE PREVIOUSLY
SUBDIVIDED PROPERTY GENERALLY LOCATED SOUTH OF THE TERMINUS
OF TWAIN AVENUE WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: OCEAN VIEW POINT
CASE NO.: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/
CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
EXHIBIT 4
WHEREAS, OCEAN VIEW-CARLSBAD, LLC, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
Lots 1 through 7, inclusive, of City of Carlsbad Tract No. CT 02-06, in the
City of Carlsbad,. County of San Diego, State of California, according to
map thereof No. 16265, filed in the Office of the County Recorder of San
Diego County on April 27, 2018
("the Property"); and
WHEREAS, a Mitigated Negative Declaration, Mitigation Monitoring and Reporting
Program and Addendum were prepared in conjunction with said project; and
WHEREAS, the Planning Commission did on June 19, 2019, 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
August 20, 2019 Item #11 Page 15 of 160
written comments received, the Planning Commission considered all factors relating to the Mitigated
Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum.
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.
B) That based on the evidence presented at the public hearing, the Planning Commission
hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration, and Mitigation
Monitoring and Reporting Program, Exhibit "MND," according to Exhibits "Notice of
Intent {NOi)," and 11Environmental 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:
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation
Monitoring and Report Program and Addendum for GPA 15-02/ZC 15-03/lCPA 15-05/CT
15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 -OCEAN VIEW POINT the
environmental impacts therein identified for this project and any comments thereon prior
to RECOMMENDING APPROVAL of the project; and
b. the Mitigated Negative Declaration, Mitigation Monitoring and Report Program and
Addendum has been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection
Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad;
and
d. based on the EIA and comments thereon, there is no substantial evidence the project will
have a significant effect on the environment.
2. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
PC RESO NO. 7337 -2-August 20, 2019 Item #11 Page 16 of 160
PROJECT NAME:
MITIGATED NEGATIVE DECLARATION
OCEAN VIEW POINT.
( Cicyof
Carlsbad
PROJECT NO: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/CDP 15-53/
HDP 15-03/HMP 15-05 (DEV15043)
PROJECT LOCATION: Southern terminus of Twain Avenue
PROJECT DESCRIPTION: The proposed project consists of the subdivision and development of a 21.9-acre
previously subdivided property into 13 single-family residential lots (Lots 1-13), one (1) private street lot
(Lot 16), one (1) open space lot for water quality treatment (Lot 15), one (1) open space lot for passive
community recreation (Lot 17), one (1) open space lot for community landscape (Lot 18), and one (1)
16.54-acre lot for permanently preserved open space (Lot 14). The proposed residential lots vary in size
from 10,353 square feet to 19,660 square feet with an average lot size of 13,480 square feet. The
proposed subdivision requires a General Plan Amendment, Zone Change, and Local Coastal Program
Amendment to change the land use on a 5.4-acre portion ofthe 21.9-acre property from R-1.5 Residential
to R-4 Residential and to change the zoning from One-Family Residential (R-1-30,000) to One-Family
Residential (R~l). In addition, the project requires a Tentative Tract Map (CT) for the proposed subdivision
of land, a Planned Development Permit (PUD) for a private street (Twain Court) with gated entry, a Coastal
Development Permit (CDP) for grading and infrastructure development within the Coastal Zone, a Hillside
Development Permit (HDP) for hillside grading, and a Habitat Management Permit (HMP) for habitat
disturbances.
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 re.suit 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.
D The proposed project MAY have "potentially significant impact(s)1' 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 describe·d on attached sheets. (Mitigated Negative Declaration applies
only to the effects that remained to be addressed).
D 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.
Community & Economic Development
Planning Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax August 20, 2019 Item #11 Page 18 of 160
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, California 92008.
ADOPTED: June 19, 2019, pursuant to Planning Commission Resolution No . 7337
ATTEST:
Teri Delcamp
Principal Planner
August 20, 2019 Item #11 Page 19 of 160
ADDENDUM TO THE
MITIGATED NEGATIVE DECLARATION
GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/
EXHIBIT "ADDM"
CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043) -OCEAN VIEW POINT
The purpose of this Addendum to the Mitigated Negative Declaration is two-fold. The Addendum
reflects minor design changes to the project as well as describes revisions to the Mitigation
Monitoring and Reporting Program associated with the Ocean View Point project resulting from
consultation with the Wildlife Agencies and the California Coastal Commission staff during the
HMP consistency review period. The Addendum also makes a determination that these minor
design changes to the project and minor revisions to the Mitigation Monitoring and Reporting
Program do not create any new significant environmental effects, that none of the conditions
contained in Section 15162 of the California Environmental Quality Act (CEQA} have occurred, and
that a subsequent Mitigated Negative Declaration is not required.
The inain project design changes relating to the HMP consistency determination include a
reduction in the overall development impact footprint area to accommodate a 20-foot-wide
upland habitat buffer which is required to be located between the proposed open space
conservation lot (Lot 14} and the toe of graded slopes associated with the proposed residential
lots. Also added were two additional open space lots, one of which is for passive community
recreation (Lot 17} and the other is for community landscape (Lot 18}. The combination of
changes resulted in a reduction in the size of the proposed development impact area, a reduction
in the size of the residential lots, and a revision to two drainage outfall points so as to be relocated
entirely within the development footprint and outside of the upland habitat buffer. Also, the
original mitigation for coastal sage scrub impacts was only accounting for half of the 2:1 mitigation
that is required. Additional mitigation has now been added to fully achieve the Coastal Zone's
no-net-loss criteria relating to coastal sage scrub impacts:
The following Biological Resources Mitigation Measures No. 1-16 replace Biological Resources
Mitigation Measures No. 1-15 in their entirety as listed in the Mitigation Monitoring and Reporting
Program originally circulated for public review (SCH#2016051007):
1. A minimum 67% of the total Diegan coastal sage scrub onsite (10.18 acres) shall be conserved
within the project open space lot.
2. 75% of the project gross land area shall be preserved and protected by an open space
easement.
3. A minimum 20-foot upland buffer shall be established between the development and the
onsite preserve.
4. Impacts to 4.13 acres of coastal sage scrub (CSS} shall be mitigated at a minimum 2:1 ratio,
including a 1:1 creation/substantial restoration component. Mitigation shall consist of 6.17
acres of creation/substantial restoration of CSS habitat (meeting the no-net-loss standard}
and 18.63 acres of off-site enhancement (resulting in 2.49 acres of enhancement credit} of
CSS. All mitigation shall occur within the Coastal Zone onsite and offsite.
August 20, 2019 Item #11 Page 20 of 160
EXHIBIT "ADDM"
a. Onsite mitigation consists of 0.11 acre of creation/substantial restoration and 0.45 acre
of restoration.
b. Offsite mitigation consists of:
i. Emerald Pointe Preserve (APN 212-250-16-00), 0.87 acre of creation/substantial
restoration and 0.49 acre of restoration/enhancement.
ii. Shorepointe Preserve (APN 215-074-22-00), 3.27 acres of creation/substantial
restoration and 1.23 acres of restoration/enhancement. . .
iii. Batiquitos Lagoon Ecological Reserve (Mitsuuchi Property, APN 216-121-17-00),
1.92 acres of creation/substantial restoration and 0.32 acre of
restoration/enhancement.
5. Prior to final map approval, or issuance of a grading permit or clearing of any habitat,
whichever occurs first, the Developer shall take the following actions to the satisfaction of the
City and resource agencies in relation to the onsite open space lot and offsite mitigation areas
which are being conserved for natural habitat in the conformance with the City's Habitat
Management Plan:
The Mitsuuchi Property (adjacent to the Batiquitos Lagoon Ecological Reserve) was
purchased with federal Endangered Species· Act Section 6 grant funding, allocated by the
California Wildlife Conservation Board (WCB) with matching funding from the California
Coastal Conservancy. The subgrant deed for this property states that the property cannot
be used for mitigation. However, the subgrant agreement can be amended to allow
mitigation at the discretion of the California Coastal Conservancy and the WCB. Prior to
approval of this property being used to satisfy substantial restoration/r,estoration
mitigation obligations of the Project, (i) the landowner/developer must provide
documentation from the California Coastal Conservancy and WCB stating that the
subgrant deed has been amended to allow Project-related mitigation on the Mitsuuchi
property, and (ii) California Coastal Commission must approve the mitigation as a
requirement of the Coastal Development Permit.
b. Submit a final mitigation plan (conceptual restoration plan) for all onsite and offsite
mitigation areas. This plan, including on-the-ground verification, must be approved by
the city and resource agencies.
c. Select a conservation entity for each offsite mitigation area and onsite open space ·1ot,
subject to approval by the City, that possesses qualification to manage these areas for
conservation purposes.
d. Submit a final a Preserve Management Plan for each offsite mitigation area and onsite
open space lot, which shall ensure adequate management of these areas in perpetuity.
e. Submit a Property Analysis Record (PAR) or other method acceptable to the City for
estimating the costs of management and monitoring of each offsite mitigation area and
onsite open space lot in perpetuity in accordance with the requirements of the HMP.
August 20, 2019 Item #11 Page 21 of 160
EXHIBIT "ADDM"
Although Emerald Pointe is already funded for long-term mc;1nagement, additional long-
term funding for the mitigation area associated with the Ocean View Pointe project shall
be required to maintain this area to HMP standards. The Mitsuuchi property shall also
require additional management funding to insure the area is managed to HMP standards.
f. Based on the results of the final PAR for each mitigati_on area/open space lot, fund non-
wasting endowments in an amount sufficient for management and monitoring of the
offsite mitigation areas and onsite open space lot in perpetuity based on the approved
PAR/cost estimate. Separate funds must be established for each preserve (i.e., Ocean
View Pointe, Shorepointe, Emerald Pointe, and Mitsuuchi). Long-term management
funds for mitigation areas that already have an established endowment account can be
paid into that existing account.
g .. Obtain approval of the United States Fish and Wildlife Service (USFWS), California
Department of Fish and Wildlife (CDFW), and California Coastal Commission (CCC) for the
restoration plan(s), preserve management plans, PARs, and endowments for all onsite
and offsite mitigation areas/open space lot consistent with the most current Biological
Resources Letter Report and Impact Analysis, or as otherwise approved by the City, USFW,
CDFW, and CCC.
h. Permanently protect all mitigation areas by establishing conservation easements, as
defined in California Civil Code Section 815.1, over all offsite mitigation areas and the
onsite open space lot for the conservation, protection, and management of native species
and habitats consistent with the HMP and approved by the resource agencies and the
city. Proof of recordation shall be provided to the jurisdictional city prior to _land
disturbance .
6. To mitigate for indirect impacts to vegetation communities the following measures shall be
noted on the grading plans and implemented as part of this project:
a.· All site preparation and construction activities shall incorporate standard BMPs, including,
but not limited to, straw bales, gravel bags, sand bags, the periodic watering of bare areas,
and the direction of construction area drainage to existing storm drain facilities.
b. During construction, material stockpiles shall be placed such that they cause minimal
interference with on-site drainage patterns. Silt fencing and other silt containment
devices shall be installed, where necessary, to prevent off-site transport of sediment and
pollutants.
c. Equipment storage, fueling, and staging areas shall be located on disturbed upland sites
with minimal risk of direct drainage into sensitive habitats. These designated areas shall
be located in such a manner as to prevent any runoff from entering sensitive habitat. All
necessary precautions shall be taken to prevent the release of cement or other toxic
substances into surface waters. All project-related spills of hazardous materials shall be
reported to the City and shall be cleaned up immediately, and contaminated soils shall be
removed to approved disposal areas.
August 20, 2019 Item #11 Page 22 of 160
EXHIBIT "ADDM"
d. No plant species listed as problematic and/or invasive by the California Invasive Plant
Council (formerly the California Exotic Pest Plant Council) or State of California shall be
employed or allowed to naturalize or persist on the site. No plant species listed as a
"noxious weed" by the State of California or federal government shall be used in the
property. These requirements shall be reflected on the Final Landscape Plans and project
CC&R's.
e. A qualified City-approved project biologist shall be retained to review grading plans (e .g.,
all access routes and staging areas) and monitor construction activities throughout the
duration of the proposed project to ensure that all practicable measures are being
employed to avoid incidental disturbance of habitat and any target species of concern
outside the project footprint.
f. Construction monitoring reports summarizing how the project is in compliance with
applicable conditions shall be completed and provided to the City. The project biologist
shall be empowered to halt work activity if necessary and to confer with City staff to
ensure the proper implementation of species and habitat protection measures.
g. Any habitat destroyed that is not in the identified project footprint shall be disclosed
immediately to the City, USFWS, and CDFW, and shall be {ompensated at a minimum ratio
of 5:1.
h, Access to and from the site shall be located along existing access routes or disturbed areas
to the greatest extent possible. All access routes outside of existing roads or construction
areas shall be clearly marked.
i. Construction employees shall limit their activities, vehicles, equipment, and construction
materials to the fenced project footprint.
j. Upon project completion, signage should'be included in the sensitive habitat areas, where
determined appropriate, for the purpose of identifying adjacent habitats and educating
residents on the importance of staying on designated trails/paths, disposing trash
properly, and reducing fire hazards.
7. A water pollution and erosion control plan that describes sediment and hazardous materials
control, dewatering or diversion structures, fueling and equipment management practices,
and other factors deemed necessary by reviewing agencies shall be developed to mitigate any
potential impacts to special-status plants occurring within the impact footprint. Erosion
control measures shall be monitored on a regula rly scheduled basis, particularly during times .
of heavy rainfall. Corrective measures shall be implemented in the event erosion control
strategies are inadequate. Sediment/erosion control measures shall be continued at the ·
project site until such time as the revegetation efforts are successful at soil stabilization.
8. The footprint of disturbance to Nuttall's scrub oak shall be minimized to the maximum extent
feasible and shall be specified in the construction plans. Construction limits shall be
delineated with orange fencing, which shall be maintaine.d until the completion of all
construction activities. All employees shall be instructed that their activities, vehicles,
August 20, 2019 Item #11 Page 23 of 160
EXHIBIT "ADDM"
equipment, and construction materials are restricted to the proposed project footprint,
designated staging areas, and routes of travel.
9. To avoid direct and indirect impacts to special-status wildlife species, the following measures
shall be noted on the grading plans and implemented as part of this project:
a. During project construction, lighting in or adjacent to the conserved area shall not be
used, except where essential for roadway, facility use, and safety. If nighttime
construction lights are necessary, all lighting adjacent to natural habitat shall be shielded
and/or directed away from habitat.
b. · To avoid attracting predators of the target species of concern, the project site shall be
kept as clean of debris as possible. All food-related trash items shall be enclosed in sealed
containers and regularly removed from the site. Pets of project personnel shall not be
allowed on site where they may come into contact with any listed species.
c. A qualified City-approved project biologist shall conduct a training session for all project
development personnel prior to proposed activities. At a minimum, the training shall
include a description of the target species of concern and its habitats, the general
provisions of the Federal Endangered Species Act {FESA) and the Carlsbad Habitat
Management Plan {HMP), the need to adhere to the provisions of FESA and the Carlsbad
HMP, the penalties associated with violating the provisions of FESA, the general measures
that are being implemented to conserve the target species of concern as they relate to
the project, access routes, and project site boundaries within which the project activities
must be accomplished.
d. The monitoring biologist shall be on site during any initial clearing of habitat (annual
ground cover, shrubs, or trees). The monitoring biologist shall flush sensitive species
(avian or other mobile species) from occupied habitat areas immediately prior to brush-
clearing and earth-moving activities.
e. If dead or injured listed species are located, initial notification must be_ made within three
(3) working days, in writing, to the USFWS Division of Law Enforcement in Torrance,
California, and by telephone and in writing to the applicable jurisdiction, the Carlsbad
Field Office of United States Fish and Wildlife Service, and the California Department of
Fish and Wildlife.
f. Exotic species that prey on or displace target species of concern should be permanently
removed from the site.
10. Prior to the issuance of a Notice to Proceed for a subdivision, or any construction permits,
such as demolition, grading, or building, or beginning any construction-related activity, the
City shall verify that the following project requirements regarding nesting raptors, listed
species, and migratory birds are shown on the construction plans:
a. No clearing, grubbing, grading, or other construction activities shall occur in coastal
California gnatcatcher habitat between March 15 and August 15. Between March 15 and
August 15, construction noise levels shall not exceed 60 dB{A) hourly average within 500
August 20, 2019 Item #11 Page 24 of 160
EXHIBIT "ADDM"
feet of occupied coastal California gnatcatcher habitat. Construction noise shall be
monitored to maintain a threshold at or below 60 dB(A) hourly average sound level within
500 feet of occupied coastal California gnatcatcher breeding habitat. If noise levels
supersede the threshold, the construction array shall be changed, or noise attenuation
measures shall be implemented to ensure that noise levels do not exceed the threshold.
b. For other bird species, vegetation clearing, and construction should be avoided during the
breeding season between January 1 to August 30. If the nesting season cannot be avoided,
a qualified biologist shall conduct a pre-construction survey to determine the presence or
absence of nesting birds within the proposed area within three calendar days prior to the
start of construction activities, including the removal of vegetation.
c. If nests are located, they shall be fenced with a protective buffer around the nest. The
buffer width for nests of raptors shall be 500 feet. The buffer width for nests of other bird
species shall be determined by a qualified biologist based on species biology and
approved by the city. All construction activity shall be prohibited within the protective
buffer.
11. No exposed wood shall be allowed throughout the project, including gates, fences, decks, etc.
Residences shall be constructed with a Class-A type roof, with no vents installed along the
westerly side. Residences shall include interior fire sprinklers installed to the satisfaction of
the Carlsbad Fire Department. Parking areas and driveways shall be sited and designed to
allow for adequate fire department access. No fire buffer impacts or vegetation thinning
shall occur within the preserved open space (conservation easement) areas. These
requirements shall be ·reflected on the Final Landscape Plans, Building plans and project
CC&R's.
12. To prevent the loss of vegetative cover and address slope stabilization, the project developer
shall prohibit bare surface grading for fire control on slopes. The project developer shall also
ensure that all areas of habitat revegetation are planted with appropriate landscaping and
adequately stabilized (e.g_. with a soil binder) after planting to minimize surface erosion.
Finally, the project developer shall ensure that surface drainage directed to the preserve areas
maintains the existing storm water runoff rate, runoff volume, discharge pattern and is
treated and/or detained by appropriate storm water pollution control treatment facilities.
These requirements shall be reflected on both the final grading and landscape plans.
13. Temporary habitat protection fencing shall be installed to protect the habitat during grading
and construction activities. A qualified City-approved project biologist shall establish the
limits of the sensitive habitat in the field prior to grading. The project biologist shall also verify
in writing that the habitat protection fence has been appropriately placed and is adequately
functioning during site grading. Once grading and construction is completed, the temporary
fence shall be removed and a permanent fence to prevent access to conserved areas by
domesticated animals (specifically cats) shall be installed in an approved location. The project
fencing shall restrict direct human access to the HMP Preserve Area, yet still allow for sensitive
species to migrate within the entire HMP Preserve system. The project shall install signs to
educate the public about the goals of the HMP Preserve and that prohibit public access to it.
Signs shall be limited enough to prevent disturbance to sensitive species. These requirements
shall be reflected on the Final Grading, Landscape and Building Plans.
August 20, 2019 Item #11 Page 25 of 160
EXHIBIT "ADDM"
14. Project lighting in the back yards adjacent to the HMP Preserve areas shall be of the minimum
necessary for safety and security and shall be shielded and directed to shine downward and
not into the HMP Preserve. This requirement shall be reflected on the Final Landscape Plans,
Building plans and project CC&R's.
15. The project developer shall educate homeowners regarding responsible pet ownership (e.g.,
keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild) and
include information regarding the potential adverse effects of invasive species used in
landscaping and overuse of pesticides and fertilizers. The project developer shall install
permanent fencing in areas between housing and the adjacent HMP Preserve to keep pets
out of the Preserve Area. For exotic species control, the project shall not use any non-native,
invasive plant species in landscaping adjacent to the HMP Preserve. This requirement shall
be reflected in the project CC&R's.
16. The following Best Management Practices (BMPs) shall be added to the construction and final
landscaping plans and specifications:
a. All graded areas shall be landscaped prior to October 1st of each year with either
temporary or permanent landscaping materials, to reduce erosion potential. Such
landscaping shall be maintained and replanted if not well-established by December 1st
following the initial pl.anting.
b. The October 1st grading season deadline may be extended with the approval of the City
Engineer subject to implementation by October 1st of special erosion control measures
designed to prohibit discharge of sediments off-site during and after the grading
operation. Extensions beyond November 15th may be allowed in areas of very low risk of
impact to sensitive coastal resources and may be approved either as part of the original
coastal development permit or as an amendment to an existing coastal development
permit.
c. If any of the responsible resource agencies prohibit grading operations during the summer
grading period in order to protect endangered or rare species or sensitive environmental
resources, then grading activ.ities may be allowed during the winter by a coastal
development permit or permit amendment, provided that appropriate best management
practices are incorporated to limit potential adverse impacts from winter grading
activities.
Date: Teri Delcamp
Principal Planner
August 20, 2019 Item #11 Page 26 of 160
Mitigation Monitoring and Repo,rting Program
PROJECT NAME: OCEAN VIEW POINT
PROJECT NO: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
APPROVAL DATE/RESOLUTION NUMBER(S}: ~TB~D~---~-------------
{ City of
Carlsbad
The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified·
environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure
has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code
Section 21081.6}.
MITIGATION MEASURE
BI0-1 A minimum 67% of the total Diegan coastal sage scrub onsite (10.18 acres)
shall be conserved within the project open space lot.
BI0-2 · 75% of the project gross land area shall be preserved and protected by an
open space easement.
·BI0-3 A minimum 20-foot upland buffer shall be established between the
development and the onsite preserve.
BI0-4 Impacts to 4.13 acres of coastal sage scrub (CSS) shall be mitigated at a
minimum 2:1 ratio, including a 1:1 creation/substantial restoration
component. Mitigation shall consist of 6.17 acres of creation/substantial
restoration of CSS habitat (meeting the no-net-loss standard) and 18.63 acres
of off-site enhancement (resulting in 2.49 acres of enhancement credit) of
CSS. All mitigation shall occur within the Coastal Zone onsite and offsite.
a. Onsite mitigation consists of 0.11 acre of creation/substantial
restoration and 0.45 acre of restoration.
Explanation of Headings
Type= Project, ongoing, cumulative.
Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation measure.
Shown on Plans= When mitigation measure is shown on plans, this column will be initialed and dated.
Verified Implementation= When mitigation measure has been implemented, this column will be initialed and dated.
Remarks= Area for describing status of ongoing mitigation measure, or for other information.
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Page 1 of 15 August 20, 2019 Item #11 Page 27 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03iHMP 15-05 (DEV15043)
-
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b. Offsite mitigation consists of:
i. Emerald Pointe Preserve (APN 212-250-16-00), 0.87 acre of
creation/substantial restoration and 0.49 acre of
restoration/enhancement.
ii. Shorepointe Preserve (APN 215-074-22-00), 3.27 acres of
creation/substantial restoration and 1.23 acres of
restoration/enhancement.
iii. Batiquitos Lagoon Ecological Reserve (Mitsu·uchi Property, APN
216-121-17-00), 1.92 acres of creation/substantial restoration and
0.32 acre of restoration/enhancement.
B10-5 Prior to final map approval, or issuance of a grading permit or clearing of any Project PLN/ENG
habitat, whichever occurs first, the Developer shall take the following actions
to the satisfaction of the City and resource agencies in relation to the onsite
open space lot and offsite mitigation areas which are being conserved for
natural habitat in the conformance with the City's Habitat Management Plan:
a. The Mitsuuchi Property (adjacent to the Batiquitos Lagoon Ecological
Reserve) was purchased with federal Endangered Species Act Section 6
grant funding, allocated by the California Wildlife Conservation Board
(WCB) with matching funding from the California Coastal Conservancy.
The subgrant deed for this property states that the property cannot be
used for mitigation. However, the subgrant agreement can be amended
to allow mitigation at the discretion of the California Coastal
Conservancy and the WCB. Prior to approval of this property being used
to satisfy substantial restoration/restoration mitigation obligations of
the Project, (i) the landowner/developer must provide documentation
from the California Coastal Conservancy and WCB stating that the
subgrant deed has been amended to allow Project-related mitigation on
the Mitsuuchi property, and (ii) California Coastal Commission must
Mitigation Monitoring and Reporting Program Page 2 of 15
August 20, 2019 Item #11 Page 28 of 160
PROJECT NAME : OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
MITIGATION MEASURE
approve the mitigation as a requirement of the Coastal Development
Permit.
b. Submit a final mitigation plan (conceptual restoration plan) for all onsite
and offsite mitigation areas. This plan, including on-the-ground
verification, must be approved by the city and resource agencies.
c. Select a conservation entity for each offsite mitigation area and onsite
open space lot, subject to approval by the City, that possesses
qualification to manage these areas for conservation purposes.
d. Submit a final a Preserve Management Plan for each offsite mitigation
area and onsite open space lot, which shall ensure adequate management
of these areas in perpetuity.
e. Submit a Property Analysis Record (PAR) or other method acceptable to
the City for estimating the costs of management and monitoring of each
offsite mitigation area and onsite open space lot in perpetuity in
accordance with the requirements of the HMP. Although Emerald Pointe
is already funded for long-term management, additional long-term
funding for the mitigation area associated with the Ocean View Pointe
project shall be required to maintain this area to HMP standards. The
Mitsuuchi property shall also require additional managemeht funding to
insure the area is managed to HMP standards.
f. Based on the results of the final PAR for each mitigation area/open space
lot, fund non-wasting endowments in an amount sufficient for
management and monitoring of the offsite mitigation areas and onsite
open space lot in perpetuity based on the approved PAR/cost estimate.
Separate funds must be established for each preserve (i.e., Ocean View
Pointe, Shorepointe, Emerald Pointe, and Mitsuuchi). Long-term
management funds for mitigation areas that already have an established
endowment account can be paid into that existing account.
Mitigation Monitoring and Reporting Program
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Page 3 of 15
August 20, 2019 Item #11 Page 29 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
MITIGATION MEASURE
g. Obtain approval of the United States Fish and Wildlife Service (USFWS),
California Department of Fish and Wildlife (CDFW), and California Coastal .
Commission (CCC) for the restoration plan(s), preserve management
plans, PARs, and endowments for all onsite and offsite mitigation
areas/open space lot consistent with the most current Biological
Resources Letter Report and Impact Analysis, or as otherwise approved by
the City, USFW, CDFW, and CCC.
h. Permanently protect all mitigation areas by establishing · conservation
easements, as defined in California Civil Code Section 815.1, over all
offsite mitigation areas and the onsite open space lot for the conservation,
protection, and management of native species and habitats consistent
with the HMP and approved by the resource agencies and the city. Proof
of recordation shall be provided to the jurisdictional city prior to land
disturbance.
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B10-6 To mitigate for indirect impacts to vegetation communities the following Project
measures shall be noted on the grading plans and im~lemented as part of this
project:
a. All site preparation and construction activities shall incorporate·standard
BMPs, including, but not limited to, straw bales, gravel bags, sand bags,
the periodic watering of bare areas, and the direction of construction area
drainage to existing storm drain facilities.
b. During construction, material stockpiles shall be placed such that they
cause minimal interference with on-site drainage patterns. Silt fencing
and other silt containment devices shall be installed, where necessary, to
prevent off-site transport of sediment and pollutants.
c. Equipment storage, fueling, and staging areas shall be located on
disturbed upland sites with minimal risk of direct drainage into sensitive
habitats. These designated areas shall be located in such a manner as to
prevent any runoff from entering sensitive habitat. All necessary
Mitigation Monitoring and Reporting Program
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Page 4 of 15
August 20, 2019 Item #11 Page 30 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
MITIGATION MEASURE
precautions shall be taken to prevent the release of cement or other toxic
substances into surface waters. All project-related spills of hazardous
materials shall be reported to the City and shall be cleaned up
immediately, and contaminated soils shall be removed to approved
disposal areas.
d. No plant species listed as problematic and/or invasive by the California
Invasive Plant Council (formerly the California Exotic Pest Plant Council) or
State of California shall be employed or allowed to naturalize or persist on
the site. No plant species listed as a "noxious weed" by the State of
California or federal government shall be used in the property. These
requirements shall be reflected on the Final Landscape Plans and project
CC&R's.
e. A qualified City-approved project biologist shall be retained to review
grading plans (e.g., all access routes and staging areas) and monitor
construction activities throughout the duration of the proposed project to
ensure that all practicable measures are being employed. to avoid
incidental disturbance of habitat and any target species of concern
outside the project footprint.
f. Construction monitoring reports summarizing how the project is· in
compliance with applicable conditions shall be completed and provided to
the City. The project biologist shall be empowered to halt work activity if
necessary and to confer with City staff to ensure the proper
implementation of species and habitat protection measures.
g. Any habitat destroyed that is not in the identified project footprint shall
be disclosed immediately to the City, USFWS, and CDFW, and shall be
compensated at a minimurr ratio of 5:1.
h. Access to and from the site shall be located along existing access routes
or disturbed areas to the greatest extent possible. All access routes
outside of existing roads or construction areas shall be clearly marked.
Mitigation Monitoring and Reporting Program
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August 20, 2019 Item #11 Page 31 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
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MITIGATION MEASURE 0 2
B10-7
B10-8
B10-9
i. Construction employees shall limit their activities, vehicles, equipment,
and construction materials to the fenced project footprint.
j. Upon project completion, signage should be included in the sensitive
habitat areas, where determined· appropriate, for the purpose of
identifying adjacent habitats and educatirig residents on the importance
of staying on designated trails/paths, disposing trash properly, and
reducing fire hazards.
A water pollution and erosion control plan that describes sediment and Project
hazardous materials control, dewatering or diversion structures, fueling and
equipment mc1nagement practices, and other factors deemed necessary by
reviewing agencies shall be developed to mitigate any potential impacts to
special-status plants occurring within the impact footprint. Erosion control
measures shall be monitored on a regularly scheduled basis, particularly during
times of heavy rainfall. Corrective measures shall be implemented in the event
erosion control strategies are inadequate. Sediment/erosion control measures
shall be continued at the project site until such time as the revegetation efforts
are successful 9t soil stabilization.
The footprint of disturbance to Nuttall's scrub oak shall be minimized to the Project
maximum extent feasible and shall be specified in the construction plans.
Construction limits shall be delineated with orange fencing, which shall be
maintained until the completion of all construction activities. All employees
shall be instructed that their activities, vehicles, equipment, and construction
materials are restricted to the proposed project footprint, designated sta~ing
areas, and . routes of travel.
To avoid direct and indirect impacts to special-status wildlife species, the Project
following measures shall be noted on the grading plans and implemented as
part of this project:
Mitigation Monitoring and Reporting Program
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· Page 6 of 15
August 20, 2019 Item #11 Page 32 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043}
Ill "' C: Q. ~ C: ~ "' .... ii: "' Ill) Ill) C: .... C: C: Ill C: C: •;: ·;: E 0 "Cl Ill "' 0 !3 t: C: Ill E ~ .... 'i: ·-"' ;: I;:.!!! "' MITIGATION MEASURE 0 C: Q. 0 .. i: C. E 0 Ill ..c: Ill E Ill 2 :Ee "' >-0::
a. During project construction, lighting in or adjacent to the conserved area
shall not be used, except where essential for roadway, facility use, and
safety. If nighttime construction lights are necessary, all lighting adjacent
to natural habitat shall be shielded and/or directed away from habitat.
b. To avoid attracting predators of the target species of concern, the project
site shall be kept as clean of debris as possible. All food-related trash items
shall be enclosed in sealed containers and regularly removed from the
site. Pets of project personnel shall not be allowed on site where they may
come into contact with any listed species.
C. A qualified City-approved project biologist shall conduct a training session
for all project development personnel prior to proposed activities. At a
minimum, the training shall include a description of the target species of
concern and its habitats, the general provisions of the Federal Endangered
Species Act (FESA) and the Carlsbad Habitat Management Plan (HMP), the
need to adhere to the provisions of FESA and the Carlsbad HMP, the
penalties associated with violating-the provisions of FESA, the general
measures that are being implemented to conserve the target species of
concern as they relate to the project, access routes, and project site
boundaries within which the project activities must be accomplished.
d. The monitoring biologist shall be on site during any initial clearing of
habitat (annual ground cover, shrubs, or trees). The monitoring biologist
shall flush sensitive species (avian or other mobile species) from occupied
habitat areas immediately prior to brush-clearing and earth-moving
activities.
e. If dead or injured listed species are located, initial notification must b_e
made within three (3) working days, in writing, to the USFWS Division of
Law Enforcement in Torrance, California, and by telephone and in writing
to the applicable jurisdiction, the Carlsbad Field Office of United States
Fish and Wildlife Service, and the California Department of Fish and
Wildlife.
Mitigation Monitoring and Reporting Program Page 7 of 15
August 20, 2019 Item #11 Page 33 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
Ill "' C a. ?:' C 0 .... "' .:; ti: "' OD OD C .... C C Ill C C -~ ·;: E 0 al ~ "' .... .9 t: C -i!: ·c ·c [ 3: r;:: ~ "' MITIGATION MEASURE 0 0 QI 0 "i: CL E .<: QI E Ill ::E ::E Q "' >-a:
f. Exotic species that prey on or displace target species of concern should be
permanently removed from the site.
BIO-10 Prior to the issuance of a Notice to Proceed for a subdivision, or any Project PLN
construction permits, such as demolition, grading, or building, or beginning any
construction-related activity, the City shall verify that the following project
requirements regarding nesting raptors, listed species, and migratory birds are
shown on the construction plans:
a. No clearing, grubbing, grading, or other construction activities shall occur
in coastal California gnatcatcher habitat betw_een March 15 and August
15. Between March 15 and August 15, construction noise levels shall not
exceed 60 dB(A) hourly average within 500 feet of occupied coastal
California gnatcatcher habitat. Construction noise shall be monitored to
maintain. a threshold at or below 60 dB(A) hourly average sound level
within 500 feet of occupied coastal California gnatcatcher breeding
habitat. If noise levels supersede the threshold, the construction array
shall be changed, or noise attenuation measures shall be implemented to
ensure that noise levels do not exceed the threshold.
b. For other bird species, vegetation clearing, and construction should be
avoided during the breeding season between January 1 to August 30. If
the nesting season cannot be avoided, a qualified biologist shall conduct
a pre-construction survey to determine the presence or absence of
nesting birds within the proposed area within three calendar days prior to
the start of construction activities, including the removal of vegetation.
C. If nests are located, they shall be fenced with a protective buffer around
the nest. The buffer width for nests of raptors shall be 500 feet. The buffer
width for nests of other bird species shall be determined by a qualified
biologist based on species biology and approved by the city. All
construction activity shall be prohibited within the protective buffer.
Mitigation Monitoring and Reporting Program Page 8 of 15
August 20, 2019 Item #11 Page 34 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
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MITIGATION MEASURE 0 C C. 0 •;:: CL E
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BI0-11 No exposed wood shall be allowed throughout the project, including gates; Project/ PLN/FIRE
fences, decks, etc. Residences shall be constructed with a Class-A type roof, Ongoing
with no vents installed along the westerly side. Residences shall include
interior fire sprinklers installed to the satisfaction of the Carlsbad Fire
Department. Parking areas and driveways shall be sited and designed to
allow for adequate fire department access. No fire buffer impacts or
vegetation thinning shall occur within the preserved open space
(conservation easement) areas. These requirements shall be reflected on the
Final Landscape Plans, Building plans and project CC&R's.
BI0-12 To prevent the loss of vegetative cover and address slope stabilization, the Project/ PLN/ENG
project developer shall prohibit bare surface grading for fire control on Ongoing
slopes. The project developer shall also ensure that all areas of habitat
revegetation are planted with appropriate landscaping and adequately
stabilized (e.g. with a soil binder) after planting to minimize surface erosion.
Finally, the proj~ct developer shall ensure that surface drainage directed to
the preserve areas maintains the existing storm water runoff rate, runoff
volume, discharge pattern and is treated and/or detained by appropriate
storm water pollution control treatment facilities. These requirements shall
be reflected on both the final grading and landscape plans.
Mitigation Monitoring and Reporting Program Page 9 of 15
August 20, 2019 Item #11 Page 35 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
QI "' C C. ~ C -2 .... "' "" ii: "' bll C .... C C a, C: C ·;:: ·;:: E ·O 1l E "' 0 B t: C -t ... ·c ·-"' :: i;:: ..9:! "' C C. 't: a. E MITIGATION MEASURE 0 0 QI 0 .s:: ~ .E QI 2 ::Ee "' er::
B10-13 Temporary habitat protection fencing shall be installed to protect the habitat Project/ PLN
during grading and construction activities. A qualified City-approved project Ongoing
biologist shall establish the limits of the sensitive habitat in the field prior to
grading. The project biologist shall also verify in writing that the habitat
protection fence has been appropriately placed and is adequately functioning
during site grading. Once grading and construction is completed, the
temporary fence shall be removed and a permanent fence to prevent access
to conserved areas by domesticated animals (specifically cats) shall be
installed in an approved location. The project fencing shall restrict direct
human access to the HMP Preserve Area, yet still allow for sensitive species to
migrate within the entire HMP Preserve system. The project shall install signs
to educate the public about the goals of the HMP Preserve and that prohibit
public access to it. Signs shall be limited enough to prevent disturbance to
sensitive species. These requirements shall be reflected on the Final Grading,
Landscape and Building Plans.
B10-14 Project lighting in the backyards adjacent to the HMP Preserve areas shall be Ongoing PLN
of the minimum necessary for safety and security and shall be shielded and
directed to shine downward and not into the HMP Preserve. This
requirement shall be reflected on the Final Landscape Plans, Building plans
and project CC&R's.
B10-15 The project developer shall educate homeowners regarding responsible pet Ongoing PLN
ownership (e.g., keeping pets indoors, spaying/neutering pets, and not
releasing pets into the wild) and include information regarding the potential
adverse effects of invasive species used in landscaping and overuse of
pesticides and fertilizers. The project developer shall install permanent fencing
in areas between housing and the adjacent HMP Preserve to keep pets out of
the Preserve Area, For exotic species control, the project shall not use any non-
native, invasive plant species in landscaping adjacent to the HMP Preserve.
This requirement shall be reflected in the project CC&R's.
B10-16 The following Best Management Practices {BMPs) shall be added to the Project/ PLN/ENG
construction and final landscaping plans and specifications: Ongoing
Mitigation Monitoring and Reporting Program Page 10 of 15
August 20, 2019 Item #11 Page 36 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
QJ "' C C. ~ C 0 ... "' ..., .. ii: "' OD C ... C C QJ C C ·;: ·;: E 0 ai e "' 0 .s t: C ~ ... 'i: ·-"' . 3 <;:: j! "' C C. "i: 0.. E MITIGATION MEASURE 0 0 QJ 0 .J:. ., E QJ ~ ~Q VI >-a:
a. All graded areas shall be landscaped prior to October 1st of each year
with either temporary or permanent landscaping materials, to reduce
erosion potential. Such landscaping shall be maintained and replanted if
not well-established by December 1st following the initial planting.
b. The October 1st grading season deadline may be extended with the
approval of the City Engineer subject to implementation by October 1st
of special erosion control measures designed to prohibit discharge of
sediments off-site during and after the grading operation. Extensions
beyond November 15th may be allowed in areas of very low risk of
impact to sensitive coastal resources and may be approved either as part
of the original coastal development permit or as an amendment to an
existing coastal development permit.
C. If any of the responsible resource agencies prohibit grading operations
during the summer grading period in order to protect endangered or
rare species or sensitive environmental resources, t~en grading activities
may be allowed during the winter by a coastal development permit or
permit amendment, provided that appropriate best management
practices are incorporated to limit potential adverse impacts from winter
grading activities.
CUL-1 Prior to the commencement of any ground disturbing activities, the project Project PLN
developer shall enter into a Pre-Excavation Agreement, otherwise known as a
Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with
the San Luis Rey Band of Mission Indians or other Luisef\o tribe. This
agreement will contain provisions to address the proper treatment of any
tribal cultural resources and/or Luisef\o Native Am~rican human remains
inadvertently discovered during the course of the project. The agreement will
outline the roles and powers of the Luisef\o Native American monitors and
the archaeologist.
Mitigation Monitoring and Reporting Program Page 11 of 15
August 20, 2019 Item #11 Page 37 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 {DEV15043)
<11 "' C Q.
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MITIGATION MEASURE 0 C Q. 0 ·t: a. E 0 <11 ..c w E <11 ~ ~c .,, >-0::
CUL-2 A Luisefio Native American monitor shall be present during all ground Project PLN
disturbing activities. Ground disturbing activities may include, but are not be
limited to, archaeological studies, geotechnical investigations, clearing,
grubbing, trenching, excavation, preparation for utilities and other
infrastructure, and grading activities.
CUL-3 Any and all uncovered artifa,cts of Luisefio Native American cultural Project PLN
importance shall be returned to the San Luis Rey Band of Mission Indians,
and/or the Most Likely Descendant, if applicable, arid not be curated.
CUL-4 The Luisefio Native American monitor shall be present at the project's Project PLN
preconstruction meeting to consult with grading and excavation contractors
concerning excavation schedules and safety issues, as well as consult with the
principal archaeologist concerning the proposed archaeologist techniques
and/or strategies for the project.
CUL-5 Luisefio Native American monitors and archaeological monitors shall have Project PLN
joint authority to temporarily divert and/or halt construction activities. If
tribal cultural resources are discovered during construction, all earth moving
activity within and around the immediate discovery area must be diverted
until the Luisefio Native American monitor and the archaeologist can assess
the nature and significance of the find.
-
CUL-6 If a significant tribal cultural resource(s) and/or unique archaeological Project PLN
resource(s) are discovered during ground disturbing activities for this project,
the San Luis Rey Band of Mission Indians shall be notified and consulted
regarding the respectful and dignified treatment of those resources.
Pursuant to California Public Resources Code Section 21083.2(b) avoidance is
the preferred method of preservation for archaeological and tribal cultural
resources. If, however, the Applicant is able to demonstrate that avoidance
of a significant and/or unique cultural resource is infeasible and a data
recovery plan is authorized by the City of Carlsbad as the lead agency, the San
Luis Rey Band of Mission Indians shall be consulted regarding the drafting and
finalization of any such recovery plan.
Mitigation Monitoring and Reporting Program Page 12 of 15
August 20, 2019 Item #11 Page 38 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043}
QJ "' C a. ?: C :8 .... "' ci: "' bO bO C .... C C QJ C C -~-·.::: E 0 ai E "' 0 .s t! C ~... 'i: ·-"' 3: i;:: ..2! "' MITIGATION MEASURE 0 C a. 0 ·t: C. E0 QJ .c ~ .5 QJ :ii: :ii: Q "' a:
CUL-7 When tribal cultural resources are discovered during the project, if the Project PLN
archaeologist collects such resources, a Luiseno Native American monitor
must be present during any testing or cataloging of those resources. if the
archaeologist does not collect the tribal cultural resources that are unearthed
during the ground disturbing activities, the Luiseno Native American monitor,
may in their discretion, collect said resources and provide them to the San
Luis Rey Band of Mission Indians for dignified and respectful treatment in
accordance with their cultural and spiritual traditions.
CUL-8 If suspected Native American human remains are encountered, California Project PLN
Health and Safety Code Section 7050.5 states that no further disturbance
shall occur until the San Diego County Coroner has made the necessary
findings as to origin. Further, pursuant to California Public Resources Code
Section 5097.98(b) remains shall be left in place and free from disturbance
until a final decision as to the treatment and disposition has been made.
Suspected Native American remains shall be examined in the field and kept in
a secure location at the site. A Luiseno Native American monitor shall be
present during the examination of the remains. If the San Diego County
Coroner determines the remains to be Native American, the Native American
Heritage Commission (NAHC) must be contacted within 24 hours. The NAHC
must then immediately notify the "Most Likely Descendant" of receiving
notification of the discovery. The Most Likely Descendant shall then make
recommendations within 48 hours and engage in consultation concerning
treatment of remains as provided in ·Public Resources Code 5097.98.
CUL-9 In the event that fill material is in,ported into the project area, the fill shall be Project PLN
clean of tribal cultural resources and documented as such. lffill material is to
be utilized and/or exported from areas within the project site, then that fill
material shall be analyzed and confirmed by an archeologist and Luiseno
Native American monitor that such fill material does not contain tribal
cultural resources.
Mitigation Monitoring and Reporting Program Page 13 of 15
August 20, 2019 Item #11 Page 39 of 160
PROJECT NAME: OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-1' /CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)
QJ Ill C a. ?:' C 0 ... "' ., a: "' b.O b.O C ... . 5 C QJ C C
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CUL-10 No testing, invasive or non-invasiye, shall be permitted on any recovered Project PLN
tribal cultural resources without the written permission of the San Luis Rey
Band of Mission Indians.
CUbll Prior to the release of the grading bond, a monitoring report and/or Project PLN
evaluation report, if appropriate, which describes the results, analysis and
conclusions of the monitoring program shall be submitted by the
archaeologist, along with the Luisef\o Native American monitor's notes and
comments, to the City of Carlsbad for approval. Said report shall be subject
to confidentiality as an exception to the Public Records Act and will not be
available for public distribution.
..
PALEO-1 Prior to any grading on any portion of the project site, a qualified Project PLN
paleontologist shall be retained by the City to prepare a Monitoring Plan. A .
qualified paleontologist is an individual with an MS or PhD in paleontology or
geology who is familiar with paleontological procedures and techniques. No
Grading Permits shall be issued 1:mtil the monitoring plan has been approved
by the City Planner.
PALEO-2 A qualified paleontological monitor shall be present at a pre-grading Project PLN
conference with the developer, grading contractor, and the environmental
review coordinator. The purpose of this meeting will be to consult and
coordinate the role of the paleontologist in the grading of the site. A qualified
paleontologist is an individual with adequate knowledge and experience with
fossilized remai_ns likely to be present to identify them in the field and is
adequately experienced to remove the resources for further study.
PALEO-3 A paleontologist or designate shall be present during those relative phases of Project PLN
grading as determined at the pre-gra ding conference. The monitor shall have
the authority to temporarily direct, divert, or halt grading to allow recovery of
fossil remains. At the discretion of the monitor, recovery may include
washing and picking of soil samples for micro-vertebrate bone and teeth. The
developer shall authorize the deposit of any resources found on the project
site in an institution staffed by qualified paleontologists as may be
Mitigation Monitoring and Reporting Program Page 14 of 15
August 20, 2019 Item #11 Page 40 of 160
PROJECT NAME : OCEAN VIEW POINT
PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043}
C1J VI C C. ?!' C 0 ... "' +'
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MITIGATION MEASURE 0 f! 0 ·.:: C. E
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determined by the City Planner. The contractor shall be aware of the random
nature of fossil occurrences and the possibility of a discovery of such scientific
and/or educational importance which might warrant a long-term salvage
operation or preservation. Any conflicts regarding the role of the
paleontologist and/or recovery times shall be resolved by the City Planner.
PALE0-4 If fossils are discovered, the paleontologist (or paleontological monitor) shall Project PLN
recover them. In most cases, this fossil salvage can be completed in a short
period of time. However, some fossil specimens (such as complete large
mammal skeleton) may require an extended salvage period. In these
instances, the paleontologist (or paleontological monitor) shall be allowed to
temporarily direct, divert, or halt grading to allow recovery of fossil remains in
a timely manner. Because of the potential for the recovery of small fossil
remains, such as isolated mammal teeth, it may be necessary in certain
instances, to set up a screen-washing operation on the site.
PALE0-5 Fossil remains collected during the monitoring and salvage portion of the Project PLN
mitigation program shall be cleaned repaired, sorted, and cataloged.
PALE0-6 Prepared fossils, along with copies of all pertinent field notes, photos, and Project PLN
maps, shall either be deposited (as a donation) in a scientific institution with
permanent paleontological collections such as the San Diego Natural History
Museum or retained by the City and displayed to the public at an appropriate
location such as a library or City Hall.
PALE0-7 Prior to occupancy of any buildings, a paleontological monitoring report shall Project PLN
be submitted to the City Planner and the Carlsbad Historic Preservation
Com miss.ion . This report shall describe all the materials recovered and
provide a tabulation of the number of hours spent by paleontological
monitors on the site.
Mitigation Monitoring and Reporting Program Page 15 of 15
August 20, 2019 Item #11 Page 41 of 160
NOTICE OF INTENT TO ADOPT A
MITIGATED NEGATIVE DECLARATION
PROJECT NAME: OCEAN VIEW POINT
C cicyof
Carlsbad
PROJECT NO: GPA 15-0Z/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
PROJECT LOCATION: Southern terminus of Twain Avenue
PROJECT DESCRIPTION : A subdivision of a 21.9-acres into one 16.6 acre open space lot and on the
remaining 5.4 acres the creation of 13 residential lots with an average··1ot size of 14,234 sq. ft., one private
street lot ("Lot C11), and one O[Jen space/water quality basin lot ("Lot B"). The project ini::ludes a General
Plan Amendment to change the property's designation from R 1.5 to R 4, and a.Zone Change from R-1-
30,000 to R-1.
PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above
described project pursuant to the Guidelines for Jmplementation of the California Environmental Quality
Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review,
the ln.itial study identified potentially significant effects on the environment, but (1) revisions in the
project plans or proppsals-made by, or agreed to by, the applicant before the proposed Mitigated Negative
De&laFati0n-aRGl-lr-rit~al-Stud.y...:arn-rnlea-sed-for--pul;,li(?r.f-eV-ie-w-w0uld-avGid.:.t-1:ie-e-ff.@Gt-s-0.r--fnitigat€l-t-l=lEl-e-ff.@Gt-i
to a point where clearly no significant effect on the ·environment would occur,. and (2) there is no
substantial evidence in light of the whole record before the City that the project "as revised" may have a
significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended
. for adoption by the City of Carlsbad City Council.
AVAILABILITY: A copy of the Initial Study documenting reasons to support the proposed Mitigated
Negativ~ Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008
and is available online at: http:ljwww.carlsbadca.gov/services/depts/planning/agendas.asp.
COMMENTS: Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guid·efines,
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 rega rding the draft Mitigated Negative Declaration should be directed to
Christer Westman . at the address · listed below· or via email to christer.westman@carlsbadca.gov.
Comments must be received within 30 days of the date of this notice.
I I ~ •
, The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption
by the City Council. Additional public notices will be issued when those public hearings are scheduled. If
you have any questions,-please call Christer Westman in the Planning Division at {760) 602-4614.
PUBLIC REVIEW PERIOD
PUBLISH DATE
May 3, 2016 -June 2, 2016
May 3, 2016
Community & Economic Development
Planning Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax August 20, 2019 Item #11 Page 42 of 16
Initial Study
47'"· l_ Cicyof
Carlsbad
1. PROJECT NAME: Ocean View Point
2. PROJECr°NO: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
3. LEAD AGENCY:
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
4. PROJECT APPLICANT:
James Whalen and Associates
Attn: Nick Doenges
Suite 725
1660 Hotel Circle North
San Diego, CA 92108
5. LEAD . AGENCY CONTACT PERSON:
christe r. westma n@ca rlsbadca .gov.
Christer Westman Senior Planner (760) 602-4614
6. PROJECT LOCATION: Southern. terminus of Twain Avenue
7. GENERAL PLAN LAND USE DESIGNATION: Residential 1.5/Open Space
8. ZONING: R-1-30,000/Open Space
9. PROJECT DESCRIPTION:
The proposed project is a subdivision of a 21.9-acre lot, APN 212-010-03-00, into 13 residential lots
on 5.4 acres, one private street lot ("Lot C"), and one open space/water quality basin lot ("Lot B");
16.6 acres w.ill remain open space. The proposed residential lots vary in size from 9,698 sq. ft. to
20,720 sq. ft. with an average lot size of 14,234 sq. ft. The proposed subdivision will require a General
Plan Amendment to change the property's designation from R 1.5 to R 4, a Zone Change from R-1-
30,000'to R-1, approval of the Tentative Map for the subdivision, a Local Coastal Program Amendment
because of the proposed changes to land use designation and zonini:s, a Planned Development Permit
for the private street and non-conforming lot dimensions & building setbacks, a Hillside Development
Permit for hillside grading, and a Habitat Management Permit for habitat disturbance.
The property is currently undevelopeci'but has an approved tentat'ive map (CT-02-06) for five 30,000-
sq. ft. residential lots, a private street lot, and an open space lot. The proposed project is designed to
occupy the same development footprint as CT 02-06, but proposes a boundary adjustment between
residential lots and open space to -relocate 2,217 sq. ft. of open space. The relocated area of open
space is of greater habitat value than the area defined by CT 02-06.
10. ENVIRONMENTAL SETTING/SURROUNDING LAND USES:.
The proposed project lies at the southern terminus of Twain. Avenue, abutting the Spyglass Hills
neighborhood. The Spyglass Hills neighborhood is designated R 4 under the General Plan and zoned
R-1.
Houses that are part of the Spyglass Hills/Heron Bay residential subdivision are located directly
adjacent to the project site to the north, and the residential neighborhood continues north up Twain
Avenue. To the east, down the hill from the project site and across Faraday Avenue, is an office park,
and to the south of the project, down the hill and across Faraday, is a golf course. Immediately south
and west of the project site is City owned property with General Plan land use designation and Zoning
of Open Space (OS) that includes Veteran's Park.
January 2016 -1-Initial Study August 20, 2019 Item #11 Page 43 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
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 ofthe 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 for the 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 sou rces 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.
January 2016 Initial Study August 20, 2019 Item #11 Page 46 of 160
' Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
ti ,:J ... u "' ..r: 2l "' a. ... "' a. E "§: 0 .§ > -;:; .... a. ... ....
I. AESTHETICS = C: C: C: .... C: C: u ~ -~ 1 -~ g "' "' "' -s ~ a. C: ij:: ....... -.§ QJ ·-~ -~.-~ U) ·2 ...... t;:
0 -~ "' bD 0 ~ vi 2 QJ ·-Would the project: c.."' ..J"' 2
a) Have a substantial adverse effect on a scenic vista? □ □ IZl □
b) Substantially damage scenic resources, including but not limited
to, trees, rock outcroppings, and historic buildings within a State □ □ □ IZI
scenic highway?
c) Substantially degrad e the existing visual character or quality of the □ □ IZl □ site and its surroundings?
d) Create a new source of substantial light and glare, which would □ □ IZl □ adversely affect' day or nighttime views in the area?
a, c, d) less than Significant Impact: The project site is located on top of low coastal hills adjacent to an
existing single family residential development. Development of the property will change its character
from undeveloped to housing, but the site is not part of a designated scenic area and it is adjacent to
existing development visible from surrounding areas. Therefore development of the property with
additional housing along with typical residential landscape improvements is considered less than
significant.
b) No Impact: There are no significant scenic resources on the project site.
... ,:J ti u "' QJ "' a. ..r: ... a. .... "' E "§: 0 .§ >-;:; ... a. ... ti II. AGRICULTURA.L AND FOREST RESOURCES* = C: C: C: .... C: C:
"' n, co ~ 8 n, n, "' ",.:i u ,s ~ a. C: t;: £ c.: .5 .§ QJ ·-U') ·c: ,._; VI •2 ... C:
0 -~ VJ b,Q ·-"' bD 0 ~ vi 2 QJ ·-Would the project: c.. "' ..J"' 2
a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps prepared □ □ □ IZl pursuantto·the Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson □ □ □ IZI Act contract?
c) Involve other changes in the existing environment, which, due to
their location or nature, could result in conversion of Farmland to □ □ □ IZl
non-agricultural use or conversion of forest land to non-forest use?
* /n determining whether impacts ta agricultural resources are significant env.ironmental effects, lead agen cies may refer ta 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 Ran'ge Assessment Project and the
Forest Legacy Assessment Project; and fore_st carbon measurement methodology provided in Forest Protocols adopted by the
California Air Resources Board.}
a-c)No Impact: The project site is not designated as farmland and is not associated with agriculture.
January 2016 -5-Initial Study August 20, 2019 Item #11 Page 47 of 160
Ill,
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
... ""C .... u u n, ..c: .l!l n, a. ... n, a. E ·;: 5 .5
AIR QUALITY*
> -; ... a. .... ... = C C C ~ C C u n, n, (G ~ 8 n, n, n, ':,j:i u ..c: u a. Ct;:: -:S 5 .s I-ti= .§ OJ·-VI •c: +' C v, C .,_;
0 -~ tll bO •-"' 00 I)
Would the project: C."' ~ iii 2 OJ·-.... "' 2
a) Conflict with or obstruct implementation of the applicable air □ □ IZl □ quality plan?
b) Violate any air quality standard or contribute substantially to an □ □ IZl □ existing or projected air quality violation?
c) Result in a cumulatively considerable net increase of any criteria
pollutant for which the project region is in non-attainment under
an applicable federal or state ambient air quality standard □ □ IZl □ (including releasing emissions which exceed quantitative
thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant □ □ □ IZl concentrations?
e) Create objectionable odors affecting a substantial number of □ □ IZl □ people?
*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.
Local Air Quality: An area is designated in attainment when it is in compliance with the National Ambient
Air Quality Standards (NAAQS) (federal) and/or California Ambient Air Quality Standards (CAAQS) (state).
These standards are set by the Environmental Protection Agency or the California Air Resources Board for
the maximum level of a given air pollutant that can exist in the outdoor air without unacceptable effects
on human health or the public welfare. The criteria pollutants of primary concern that are considered in
an air quality assessment include ozone (03), nitrogen dioxide (NO2), carbon monoxide (CO), sulfur dioxide
(SO2), particulate matter (PM10, and PM 2.s ), lead and toxic air contaminants. Although there are no
ambient standards for voes or NOx, they are important as precursors to 0 3.
The San Diego Air Basin (SDAB) is designated as a marginal nonattainment area for the 2008 8-hour NAAQS
for Q3. The SDAB is designated in attainment for all other criteria pollutants under the NAAQS with the
exception of PM10, which was determined to be unclassified. The SDAB is currently designated
nonattainment for 03 and particulate matter, PM10 and PM2.s, under the CAAQS. It is designated as
attainment for CAAQS for CO, NO2, SO2, lead and sulfates.
a) Less than Significant Impact: The project site is located in the SDAB. The periodic violations of
-(NAAQS) in the SDAB, particularly for 03 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
by the San Diego County Air Pollution Control District (APCD) with regional growth projections
provided by San Diego Association of Governments (SAN DAG). 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.
January 2016 -6-Initial Study August 20, 2019 Item #11 Page 48 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
The APCD 1has 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 plan for the air basin.
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-. The project is within the scope of development that was
anticipated in the SANDAG growth projections and Carlsbad's General Plan in 2009 used to develop
the RAQS and SIP. Operation of the project will result in emissions that were considered as a part of
the RAQS growth projections. As such, the proposed project is not anticipated to conflict with either
the RAQS or the SIP. Additionally, the operational emissions from the project are below the screening
levels, and subsequently will not violate ambient air quality standards.
b) Less than Significant Impact: The APCD operates a network of ambient air monitoring stations
throughout San Diego County. Due to its proximity to Carlsbad with similar geographic and climatic
characteristics, the Del Mar -Mira Costa College monitoring station concentrations of 8-hour and 1-
hour 03 are considered most representative of 03 in Carlsbad. The Escondido-East Valley Parkway
monitoring station is the nearest location where PM10, PM2.s, N02, and CO concentrations are
monitored. The El Cajon -Redwood Avenue monitoring station is the nearest location where 502
concentrations are monitored. Data available for these monitoring sites from 2010 through 2013
indicate that the most recent air quality violations recorded were as follows: the 1-Hour 0 3
concentration did not exceed the state standard any time during the years 2010 through 2013; the 8-
Hour 03 concentration exceeded the state standard in 2010, 2011, and 2012,_ and exceeded the
federal standard in 2012; the 24-Hour PM10 concentration exceeded the state standard in 2009; the
state annual PM10 standard was exceeded in 2013; and the federal standard for 24-Hour PM2.s
standard was exceeded in 2012 and 2013. Air quality within the region was in compliance with both
CAAQS and NAAQS for N02, CO, and S02 during this monitoring period. ·
Grading and Construction: The project involves development of the project site with single family
homes, which includes emissions associated with grading and construction. Emissions would be
minimized through standard construction measures, storm water pollution prevention plan
requirements, Best Management Practices (BMPs), and when applicable, the California Green Building
Standards Code that would reduce fugitive dust debris, emissions and other criteria pollutant
emissions during grading and construction. Therefore emissions from the construction phase would
be minimal, temporary and localized, resulting in pollutant emissions that are _not anticipated to
significantly contribute to an existing or projected air quality violation.
Operations: Vehicle trip emissions associated with travel to and from the project will result in a
cumulative total of 130 ADTs. Vehicle trip emissions associated with the project are minimal and not
anticipated to significantly contribute to an existing or projected air quality violation.
c) Less than Significant Impact: Air quality emissions associated with the project include emissions from
grading and construction. However, grading and construction operations associated with the project
would minimize emissions through standard construction measures, storm · water pollution
prevention plan measures and best management practices, and Green Building Code as noted in b).
Other proposed or future projects within the surrounding area were evaluated and none of the
projects emit significant amounts of pollutants or exceed AQMD or APCD standards. ·Operational
emissions associated with the project are anticipated to be consistent with the RAQS and SIP and do
not exceed APCD standards.
January 2016 -7-Initial Study August 20, 2019 Item #11 Page 49 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
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 P:Oject, 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 proposed project's
incremental contribution to the cumulative effect is not cumulatively considerable. Any impact is
assessed as less than significant.
d) No Impact: Sensitive receptors include schools, hospitals, playgrounds, child care centers, athletic
facilities, long-term health care facilities, rehabilitation centers, convalescent centers, retirement
homes or other facilities that house individuals with health conditions that would be adversely
impacted by changes in air quality. As noted above, the proposed project would not result in
substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors
located in the vicinity of the project. The project itself is not proposed in the vicinity of an existing
pollution source that would expose sensitive receptors within the project to pollutants. No impact is
assessed.
e) less than Significant Impact: The proposed project could generate objectionable odors from
construction, vehicles and/or equipment exhaust from volatile organic compounds, ammonia, carbon
dioxide, hydrogen sulfide, methane, alcohols, disulfides, dusts or other pollutants during the
construction or operation of the project. Such exposure would be in trace amounts, localized in the
immediate area, temporary and would generally occur at magnitudes that would not affect
substantial numbers of people. Therefore, impacts associated with odors during construction or
operation would be considered less than significant.
ti "O ... u "' .<: ~ "' a. ... (U a. .E 'j: 0 .E > ... ... a. ... t; IV. BIOLOGICAL RESOURCES = C: C: C: ... c:' C: "' "' ~ -~ § "' "' "' +:i u -s ~ a. C:;.;:: ...... -.E "'·-VI •c: .,_; V) ·c: ... C:
0 .!!!> 1,/) D.0 ·-"' bD 0
Would the project: Cl. "' ~ vi ~ ~ vi 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, □ IZl □ □
policies, or regulations, or by California Department of Fish and
Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian, aquatic or
wetland habitat or other sensitive natural community identified in □ □ □ IZl local or regional plans, policies, or regulations or by California
Department of Fish and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on federally protected wetlands
as defined by Section 404 of the Clean Water Act (including but □ □ □ IZl not limited to marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident
or migratory fish or wildlife species or with established native □ □ □ IZl resident or migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
January 2016 -8-Initial Study August 20, 2019 Item #11 Page 50 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
.. "C .. u u "' .c l!l "' C. .. "' ·c.
E "j: 5 E
> -;; ... C. ... ...
IV. BIOLOGICAL RESOURCES = C: C: C: '-C: C: u "' "' m ~ 8 "' "' "' ~~ -E ~ C. £ .,.:: .E ~ Q) ·-V, ·2 ..,; V, ·c ... C:
0 -~ ,.,, b.D ·-"' OD 0
Would the project: ~iii~ Q) ·-0. Vl _, Vl z
e) Conflict with any local policies or ordinances protecting biological □ □ □ lg] resources, such as a tree preservation policy or ordinance?
' f) Conflict with the provisions of an adopted Habitat Conservation
Plan, Natural CommuniF,' Conservation Plan, or other approved □ □ □ IZl
local, regional, or state habitat conservation plan?
a) less than Significant with Mitigation Incorporated: Five vegetation _communities and land cover
types were identified within the nearly 21 acre project site. The types include approximately 14.7
acres of undisturbed Diegan coastal sage scrub; 0.5 acres of disturbed Diegan coastal sage scrub; 5.7
acres of Southern maritime chaparral; 0.8 acres of disturbed; and 0.1 acres of developed land.
Observed special status plant species included California adolphia, ashy spike-moss; gol.den-rayed
pentachaeta, Nuttall's scrub oak, and wart-stemmed ceanothus. 28 wildlife species, including some
urban-adapted species, were recorded onsite. Most species observed were birds. Two invertebrate
and two reptile species were observed. No mammals or amphibians were. observed. Observed special
status wildlife species included two pairs of California gnatcatcher and a northern harrier. No nests,
nesting beh_avior, or juveniles were observed in the study area .
Implementation of the proposed project will result in permanent direct impacts to 5.33 acres of native
and non-native vegetation communities and land covers, including 4.61 acres of Diegan coastal sage
scrub-coastal form, and 0.19 acre of disturbed Diegan coastal sage scrub-coastal form, 0.48 acres of
disturbed and 0.04 acres of developed land. Coastal sage scrub is a sensitive vegetation community
under the HMP (Carlsbad Habitat Management Plan (HMP) adopted by the City in November 2004.
Direct permanent impacts to Diegan coastal sage scrub and disturbed Diegan coastal sage scrub, will
be mitigated according to ratios established by the HMP. Implementation of the proposed project
will not result in the loss of any state or federally listed threatened or endangered plant species. The
two pairs of California gnatcatchers and northern harrier are highly mobile bird species and are
unlikely to be directly impacted by the project. However, avoidance measures will be implemented
to avoid impacts during the nesting seasons for these species.
b) No Impact:. There are no water dependent habitat resources onsite.
c) No Impact: There are no wetlands onsite.
d) No Impact: The project site is not part of a wildlife corridor.
e) No Impact: Other than the Citywide Habitat Management Plan and the General Plan Open Space
Element, the City has not adopted local policies regarding biological resources.
f) No Impact: The project is design consistent with the Standards Area criteria established in the Habitat
Management Plan.
January 2016 -9-Initial Study August 20, 2019 Item #11 Page 51 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
t: "C t: "' -5 t "' C. C. .s "§: 5 .E > ... ... E. ... ...
V. CUL TURAL/PALEONTOLOG ICAL RESOURCES = C: C: C: 0 -C: C: u -~ ~ "' "' u "' "' "' -s ~ .E £~ C. C: ij:: .. .s QJ ·-VJ ·c ..: VI •c ... C:
0 .!!!' ~ ~~ v, bO 0 QJ ·-Would the project: C. V) .... V) z
a) Cause a substantial adverse change in the significance of a □ 0 □ □ historical resource as defined in §15064.5?
b) Cause a substantial ~dverse change in the significance of an □ 0 □ □ archeological resource pursuant to §15064.5?
c) Directly or indirectly destroy a unique paleontological resource □ 0 □ □ or site or unique geologic feature?
' d) Disturb any hum an remains, including those interred outside of
formal cemeteries? □ 0 □ □
a-d) Less than Significant with Mitigation Incorporated: An onsite surface survey was conducted in
September 2000. The field survey re-located previously-recorded sites CA-SDl-8793 and CA-SDl-9097.
Cobble and cobble flakes, a possible metate fragment, shellfish, and possible pestle fragments were
identified. No surface artifacts considered significant were discovered.
Further discovery is necessary to determine the presence and extent of cultural, paleontological, and
Tribal Cultural Resources. Mitigation measures are proposed which are intended to identify the
presence and extent of onsite resources as well as provide direction as to how any discovered
resources will be evaluated for significance and treated.
... "C ... u u "' QJ "' C. .s:: ... C. .... "' .s -~ 5 .s > ... ... C. ... t: VI. GEOLOGY AND SOILS = C: ~ ~ 0 C: C: "' "' "' "' "' +i u £ ~ .E £ ¥ C. Ct.: .s QJ ·-VJ ·2 +.i Vt ·c: ... "' 0 .!!!' VI b,O •-"' bO 0 3 in 2 QJ ·-.z Would the project: C. V) _, V)
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 .D □ □ 0
substantial evidence of a known fault? Refer to Divi sion of
Mines and Geology Special Publication 42.
ii. Strong seismic ground shaking? □ □ □ 0
iii. Seismic-related ground failure, including liquefaction? □ □ □ 0
iv. Landslides? □ □ □ 0
b) Result in substantial soil erosion or the loss of topsoil? □ □ □ 0
c) Be located on a geologic unit or soil that is unstable, or that would
become unstable as a result of the project, and potentially result· □ □ □ 0 in on-or off-site landslide, lateral spreading, subsidence,
liquefaction, or collapse?
January 2016 -10-Initial Study August 20, 2019 Item #11 Page 52 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
u "C ... u "' .i::: l!l "' C. ... "' C. E ·;: 5 .s >:;:; ... C. ... ...
VI. GEOLOGY AND SOILS = C: C: C: .... C: C: u ~ ~ ~ .~ § "' "' "' ..c -~ C. C: i;:: ....... -....... _§ QJ ·-VI •c ..,: II) ·2 I ... C:
0 -~ Ul b.0 •-"' bD 0
Would the'project: ~ iii 2 QJ ·-z 0. VI ..J Ill
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 □ □ □ IZI
are not available for the disposal of wastewater?
a) No Impact: There are no significant known faults located anywhere within the City of Carlsbad.
b) No Impact: The majority of the project area will be left in a natural state which includes substantial
native growth. No significant son erosion presently exists onsite. The developed pads portion of the
project area will be treated with soil erosion measures including landscaping.
c) No Impact:· The project area soils are not unstable or have the potential for landslide, liquefaction, or
collapse .
. 'd) Less than Significant Impact: The site formational materials are generally competent, however,
portions of the Santiago Formation were found to possess a "medium1' ~xpansive material. The
proposed grading and compaction methods will be adequate to address the soils conditions.
e) No Impact: The project will include connection to a public sewer system .
... "C ... u u "' .i::: l!l "' C. ... "' C. E ·;: 5 .s >:;:; ... C. ... u VII. GREENHOUSE GAS EMISSIONS = C: C: C: .... C: C: "' "' co ~ 8 "' "' "' :p u -s ~ C. C: i;:: -:5 r.:: .5 _§ QJ ·-VI •c +,i ti) ·c ... C: ~~ V, b.0 ·-"' bD 0
Would the project: ~ iii 2 QJ ·-z ..J Ill
a) Generate greenhouse gas emissions, either directly or indirectly, □ □ lZl □ that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy or regulation adopted for □ □ □ IZI the purposes of reducing the emissions of greenhouse gases?
a) Less than Significant Impact: The City of Carlsbad Climate Action Plan ("CAP"; 2015) was adopted in
2015. Per the' CAP, the City has determined that new development projects emitting less than 900
MTC02e annual GHG would not contribute considerably to cumulative climate change impacts, and
therefore do not need to demonstrate consistency with the CAP (CAP at 5-16). Within Section 5.3 of
the CAP is a guide for determining levels of Greenhouse Gas Emissions for review under CEQA. Table
5-2: Project Review Thresholds indicates that the threshold for analysis of a project consisting of
single-family housing is for those projects that propose over 50 dwelling units. The project consists
of 13 dwelling units, well below the screening threshold and is not required to be analyzed.
Janua ry 2016 -11-Initial Study August 20, 2019 Item #11 Page 53 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
b) No Impact: Because the project is below the stated threshold of 50 single family homes, a CAP
consistency analysis is not required. The project can therefore not conflict with the applicable plan
adopted for the purposes of reducing the emissions of greenhouse gases.
.... "C .... u u "' a, "' a. .r= .... a. .... "' .§ ·;: 0 .§ > .... .... a. .... ...
VIII. HAZARDS AND HAZARDOUS MATERIALS = C ~ ~ 0 C C u -~ ~ "' "' "' -5 ~ .5 -5~ a. er.-= .§ a,·-V, ·c ..., C V'I C .;
0 .~ V'I QQ ·-"' no 0 ~ iii 2 a,·-2 Would the project: Q. Ill --' Ill
a) Create a significant hazard to the public or the environment
through the routine transport, u~e, or disp osal of hazardous □ □ □ IZI
materials?
b) Create a significant hazard to the public or environment through
reasonably foreseeable upset and accident conditions involving □ □ □ IZI
the release of hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter mile □ □ □· IZI
of an existing or proposed school?
d) Be located on a site which is included on a list of haza·rdous
materials sites compiled pursuant to Government Code Section □ □ □ IZI 65962.5 and, as a result, would it create a significant hazard to the
public or environment?
e) For a project within-a_ri airport land use plan, or where such a plan
has not been adopted, within two miles of a public airport or □ □ IZl □ 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 □ □ □ IZI
the project area? ,'
g) Impair implementation of or physically interfere with an adopted □ □ □ IZl emergency response plan or emergency evacuation plan?
h) Expose p·eople or structures to a significant risk of loss, injury or
death involving wildland fires, including where wildlands are □ IZI □ □ adjacent to urbanized areas or where residences are intermixed
with wildlands? \
a) No Impact: The project will not involve hazardous materials.
b) No Impact: The project will not ir,,volve hazardous materials.
c) No Impact: The project will not involve hazardous materials.
d) No Impact: The project site is not listed pursuant to Government Code Section 65962.5.
e) Less than Significant Impact: The site is within safety zone 6 which has the least potential for hazard
of the six safety zones.
Janua·rv 2016 -12-Initial Study August 20, 2019 Item #11 Page 54 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
f) No Impact: The project is not within the vicinity of a private air strip.
g) No Impact: No plan involving this site has been adopted or implemented.
h) less th_an Significant with Mitigation Incorporated: The project site is located at the upper elevations
of natural hillsides and is surrounded by natural vegetation. Fire risk is reduced through active
maintenance and management of a three tiers Fire Suppression Zones limiting structure development
and installation of landscape susceptible to fire.
... 'O ... u u "' ~ .l!! "' C. .... "' C. E -~ C) .§ > :: ... C. ... ...
IX. HYDROLOGY.ANO WATER QUALITY = C: C: C: ... C: C: u "' "' ra ~ 8 "' "' "' ",i:i u £¢ C. C: c;::_ £ c.: .E .E Cl/·-"'·c...,; "'·c ... C: 0 .!!!' 111 Cl.I)·-"' bO 0 2l vi :a: Cl/·-Would the project: c,. <fl _, <fl z
a) Violate any water quality standards or waste discharge □ □ □ ~ requirements?
b) Substantially deplete groundwater supplies or interfere
substantially with ground water recharge such that there would
be a net deficit in aquifer volume or a lowering of the local ground □ □ □ ~ water table level (i.e . ., the production rate of pre-existing nearby
wells would drop to a level which would not support existing land
--uses or planned uses for which permits have been gra nted)?
c) Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river, □ ID □ ~ in a manner, which would result in substantial erosion or siltation
on-or off-site?
d} Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river,
or substantially increase the flow rate or amount (volume) of □ □ □ ~
surface runoff in a manner, which would result in flooding on -or
off-site?
e) Create or contribute runoff water, which would exceed the
capacity of existing or planned stormwater drainage syste ms or □ □ □ ~
provide su bstantial additional sources of polluted runoff?
f) Otherwise substantially degrade water quality? □ □ □ ~
g) Place housing within a 100-yea r flood hazard area as mapped on a
Federal Flood Hazard Boundary or Flood Insura nce Rate Map or □ □ □ ~
other flood delineation map?
h) Place within 100-year flood ha zard area structures, which would □ □ □ ~ impede or redirect flood flows?
i) Expose people or structures to a significant risk of loss, injury or
death involving flooding, including flooding as a resu lt of the □ □ D ~
failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow? □ □ □ ~
January 2016 -13-Initial Study August 20, 2019 Item #11 Page 55 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
a) No Impact: The project is designed to satisfy the Regional Water Quality Control Board (RWQCB)
standards regarding urban pollutants. The site's storm water treatment has been designed to comply
with the RWQCB 2013 Municipal Separate Storm Sewer (MS4) permit.
b) No Impact: The project does not include direct access to any groundwater supplies.
c) No Impact: Drainage pattern have been established onsite by the natural topography. Development
of the site will affect the natural drainage patterns which will be modified to retain urban and storm
water onsite thereby reducing or maintaining offsite flows to existing levels. No erosion or siltation
is anticipated.
d) No Impact: Drainage pattern have been established onsite by the natural topography. Development
of the site will affect the natural drainage patterns which will be modified to retain urban and storm
water onsite thereby reducing or maintaining offsite flows to existing levels. No flooding is
anticipated.
e) No Impact: Drainage pattern have been established onsite by the natural topography. Development
of the site will affect the natural drainage patterns which will be modified to retain urban and storm
water onsite thereby reducing or maintaining offsite flows to existing levels. Existing or planned
stormwater drainage systems will not be adversely impacted.
f) No Impact: The project is designed to satisfy the Regional Water Quality Control Board (RWQCB)
standards regarding urban pollutants. The site's storm water treatment has been designed to comply
with the RWQCB 2013 Municipal Separate Storm Sewer (MS4) permit.
g) No Impact: The project site is not within a 100-year flood hazard area.
h) No Impact: The project site is not within a 100-year flood hazard area.
' ' i) No Impact: The project site is not within a flood hazard area.
j) No Impact: The project site is situated 300 feet above mean sea level and is therefore outside of any
significant risk of seiche or tsunami. The project site's hilltop location reduces any significant risk of
being impacted by mudflow.
.... -0 ., u u "' .i= ~ "' Q. .... "' Q. E ·;: 5 .E >, -;:
C: 1: ~ .... tl x. LAND USE AND PLANNING = C: C: C: "' "' "' "' u "' "' "' '_.j u -:5 ~ .!: -s ~ Q.
C: ti= .§ a, ·-V, ·c +J "' ·c .... C:
0 .!!!' ~ ~~ "' tlO 0 a, ·-Would the project: ll. Ill -' Ill z
a) Physically divide an established community? □ □ □ IX]
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 □ □ IX] □
zoning ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
January 2016 -14-Initial Study August 20, 2019 Item #11 Page 56 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
~ -0 .,
a, u "' "' Q. .I: ., C. .. "' .5 ·;: ci .5 > .. .. C. .. .,
XII. NOISE = C: C: C: ... C: C: u ·E ~ ~ -~ § "' "' "' £~ C. C: i;:: ...... -.5 a,·-V, ·c ,...; V) ·c .. C: ~~ v, bD ·-"' "" 0
Would the project result in: .?J vi ~ a,·-z _, V,
b) Exposure of persons to or generation of excessive groundbourne □ □ □ ~ vibration or groundbourne n·oise levels?
c) A substantial permanent increase in ambient noise levels in the □ □ ~ □ project vicinity above levels existing without the project?
d) A substantial temporary or periodic increase in ambient noise
levels in the project vicinity above levels existing without the □ ~ □ □
project?
e) For a project located within an airport land use plan or, where
such a plan has not been adopted, within 2 miles of a public □ □ □ ~ airport or public use airport, would the project expose people -··
residing or working in the project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip, would the
project expose people re siding or working in. the project area to □ □ □ ~
excessive noise levels?
a) No Impact: The project is the creation of a 13 residential lot subdivision for the future development
of single family homes. Noises generated from the future occupied single family residential homes
will be consistent with other single family residential neighborhoods which will not exceed the noise
stf'lndards established in the General Plan.
b) No Impact: Typical occupancy of the future single family residential homes will not result in
groundbourne vibration or noise levels.
c) Less than Significant Impact: The project site area is currently undeveloped. No noise is currently
generated. Development of the property with single family residential homes will result in noise
generation typical to a single family residential neighborhood and is therefore not considered
significant.
d) Less than Significant with Mitigation Incorporated: Development of the project area will require the
use of heavy machinery and will result in temporary significant noise levels. However, measures will
be implemented which restrict the hours of machinery operation during the day and other
maintenance measures to limit the temporary noise levels to the greatest extent feasible.
e) No Impact: The project is within the Comprehensive Land Use Plan area for the McClellan-Palomar
Airport. The project site is beyond the 65 decibel noise contour and is therefore not considered to be
impacted by noise from the airport.
f) No Impact: The project is not within the vicinity of a private airstrip.
January 2015 -16-Initial Study August 20, 2019 Item #11 Page 58 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
u "tl .... u rtl QI rtl C. .c .... C. .... rtl E 'j: 0 .§ >:;: .... C. .... ....
XIII. POPULATION AND HOUSING = C: C: C: ... C: C: u
-~ r3 n:i ~ 8 "' "' "' £r.::£: £~ C. C: t;:: .§ QI·-11'1 ."i:..; V) ·c .... C: 0 .!!!' ~~~ "' bl) 0
Would the project: 0.. "' ~ iii z
a) Induce substantial growth in an area either directly (for example,
by proposing new homes and businesses) or indirectly (for □ □ Jg] □
example, through extension of roads or other infrastructure)?
b} Displace substantial numbers of existing housing, necessitating the □ □ □ Jg] construction of replacement housing els ewhere?
c) Disp lace substantial numbers of people, necessitating the □ □ □ Jg] construction of replacement housing elsewhere?
a) less than Significant Impact: A five residential lot subdivision was approved for the project site in
2004. The constraints analysis and land use designations at that time indicated that the property had
the potential of developing as a 13 single family residential subdivision. Although a five residential lot
subdivision is approved for the property, the applicant has proposed a 13 residential lot subdivision.
b) No Impact: No existing housing will be displaced.
c) No Impact: No people will be displaced.
.... "tl u u rtl QI rtl C. .c .... C. .... "' • .§ '§ 0 .§
> .... .... C. .... ....
XIV. PUBLIC SERVICES = C , C: C: ... C: C: u ~ ~ nJ ~ 8 rtl "' "' -s ¢. C. C: t;:: -s G: .!: .§ QI ·-.,., ·c .: V, ·c .... C: ~~ VJ b.D ·-"' bl) 0
Would the project: ~;;; ~ ~ vi z
a) Result in substantial adverse physical impacts associated with the
provision of new or physically altered governl')1ent facilities, a
need for new or physically altered government facilities, the
construction of which could cau se significant environmental
impacts, in order to maintain acceptable service ratios, response
times, or other performance objectives for any of the public
services:
i. Fire prote~tion? □ □ Jg] □
ii. Police protection? □ □ Jg] □
iii. Schools? □ □ Jg] □
iv. Parks? □ □ Jg] □
V. Other public facilities? □ □ Jg] □
a) less than Significant Impact: Pursuant to the Local Facilities Management Plan for Zone 8, Public
services in the northwest quadrant of the city are sufficient enough to absorb the addition of the
proposed 13 lot subdivision.
January 2016 -17-Initial Study August 20, 2019 Item #11 Page 59 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
tl "C tl "' a, "' a. .c ... a. .... "' .§ -~ 0 .§
XV. RECREATION > .... .... a. .... .... = C: ~ ~ 0 C: C: u ·! G "' "' "' ..c: -~ ~ ..c: .!::! a. C: <.: +-' ~ -....... .§ a,·-V) ·2 .... C: ~ ~ .t! 0 -~ v, OD 0 2l vi ::!!: a,·-C. Ill _, Ill z
a) Would the project increase the use of existing neighborhood and
regional parks or other recreational facilities such that substantial □ □ □ 0 physical deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational faci_lities or require the
construction or expansion of recreational faci lities, which might □ □ □ 0
have an adverse physical effect on the environment?
a) No Impact: The incremental demand on neighborhood and/or regional parks of a 13 residential .lot
subdivision will not be at a level that would result in significant deterioration of the facility.
b) No Impact: Common recreation is not required or proposed for the project.·
tl "C .... u "' a, "' a. .c .... a. ... "' E -~ 0 .§ > ~ .... a. .... tl XVI.TRANSPORTATION/TRAFFIC = C: C: C: ... C: C: "' "' m ~ 8 "' "' "' ·,.::; u .c .!::! a. C: <.: ,s c.: .5 ........ .§ a,·-V) ·c: ... Ill •c .... C:
0 -~ ~ ~~ "' OD 0 a,·-Would the project: C. Ill _, Ill z
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 □ □ 0 □
of the circulation system, including but not limited to
intersections, streets, highways and freeways, pedestrian and
bicycle paths, and mass transit?
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 □ □ □ 0
congestion management agency for designated roads or
highways?
c) Result In a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results in □ □ □ 0
substantial safety risks?
d) Substantially increase hazards due to a design feature (e.g., sharp
curves or dangerous intersections) or incompatible uses (e.g., farm □ □ □ 0
equipment)?
e) Result in inadequate emergency access? □ □ □ 0
f) Conflict with adopted policies, plans, or programs regarding public
transit, bicycle, or pedestrian facilities, or otherwise decrease the □ □ □ 0
performance or safety of such facilities?
January 2016 -18-Initial Study August 20, 2019 Item #11 Page 60 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
a) Less than Significant Impact. The project will generate 130 Average Daily Trips (ADT) which is an
increase of 80 over the ADT assumed for the currently approved 5 residential lot subdivision. This
traffic will utilize Hemingway Drive, Whitman Way, Tolkien Way, Twain Avenue to access either
Faraday Avenue or Cannon Road. An estimate for existing traffic on this (these) local streets are
approximately 380-760 ADT. The design capacities of the local roads affected by the proposed project
are a range of between 1,200-10,000 vehicles per day. The project traffic of 130 ADTwould represent
15% of the future project plus existing traffic volume and is within a range of 11% -1.3% respectively
of the design capacity of 1,200 -10,000 ADT. While the increase in traffic from the proposed project
may be slightly noticeable, the street system has been designed and sized to accommodate traffic
from the project. The proposed project would not, therefore, cause an increase in traffic that is
substantial in relation to the existing traffic load and capacity of the street system. The impacts from
the proposed project are, therefore, less than significant.
b) No 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) No Impact. The proposed project does not include any aviation components. It would not, therefore,
result in a change of air traffic patterns or result in substantial safety risks. No impact assessed.
d). No Impact. All project circulation improvements will be designed and constructed to City standards;
and, therefore, would not result in design hazards. The proposed project is consistent with the City's
general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No
impact assessed.
e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the
Fire and Police Departm'ents. No impact assessed .
f) No Impact. The project site is located in area that is not conducive to public transportati_on. The
nearest public transportation is located along the Faraday Avenue and Cannon Road corridors. The
project site is adjacent to a link of the City's recreational trail system.
t: "C t: "' a, "' Cl. J: ~ Cl. .§ -~ ~ .§
> .... .... Cl. .... ....
XVII. UTILITIES AND SERVICE SYSTEMS = C ~ fii 0 C C u ~ ~ "' "' "' ~ ~ .5 -s ~ Cl. C,;:: .§ ., ·-VI •2 .,_; VI "i: +' C
0 -~ II> tlll ·-"' .. 0
Wou;fd the project: 0. V) ~ 1ii 2 ~ vi z
a) Exceed wastewater treatment requirements of the applicable □ □ □ jg] 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 □ □ □ jg] con struction of which would cause significant environmental
effects?
c) Require or result in the construction of new storm water drainage
facilities or expansion of existing facilities, the construction of □ □ □ jg]
which could cause significant environmental ·effects?
d) Have sufficient water supplies available to serve the project from
existing entitlements and resources, or are new or expanded □ □ □ jg]
entitlements needed?
January 2016 -19-Initial Study August 20, 2019 Item #11 Page 61 of 160
XVII.
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
tj -c ...
QI u ra ra C. ..c ... C. .., ra .5 ·;: 0 .5 > ... ... C. ... ...
UTILITIES AND SERVICE SYSTEMS = C: C C: .i.... C: C: u ~ ~ ra ~ 8 ra ra ra £ ,¥ C. C: I;: -5 ~ .5 .5 QI --VI •c ~ Ill •c ... C:
0 -~ Ill b.0 •-"' b.O 0
Would the proj.ect: C. Ill ~ iii 2 QI·-_, Ill z
e) Result in a determination by the wastewater treatment provider,
which serves or may serve the project that it has adequate □ □ □ IZ)'
capacity to serve the project's projected demand in addition to
the provider's existing commitments?
-f) Be served by a landfill with sufficient permitted capacity to-
accol')lmodate the project's solid waste disposa l needs? □ □ □ [Z]
g) Comply with federal, state, and local statutes and regulatio·ns .□ □ □ IZI related to solid waste?
a-g)No"fmpact: The utilities and service infrastructure is sufficient to accommodate the addition of 13
single family residential homes. No new facilities will be necessary to provide additional capacity.
tj -c tj ra QI ra C. ..c ... C. .., ra E "§ 0 .5 >= ... C. ... ...
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE = C: C: C: ... C: C u ra ra ~ -~ § ra ra ra :.:; u ,s ~ C. C: I;: ...... -.5 QI·-Ill •2 ,._J V) ·c .., C
0 -~ ~~~ "' b.O 0 QI ·-Would the project: C. Ill _, Ill z
a) Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fi sh or wildlife
species, cause a fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or animal □ □ IZI □
community, reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important examples of
the major periods of California history or prehistory?
b) Does the project have impacts that are individually limited, but
cumulatively consid erable? ("Cumulatively considerable" means
that the incremental effects of a project are considerable when □ [Z] □ □ vi ewed 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 □ □ □ IZI
indirectly?
a) l ess than Significant: Development of the project will have some impact to native habitat onsite.
The extent of impact, even cumulatively for the region, does not threaten elimination of any plant or
animal community.
b) Less than Significant with Mitigation Incorporated: The impact can be mitigated to a level of less
than significant. In addition to the mitigation for the direct impacts, approximately 75% of the entire
project property wil l be left in a natural state and undisturbed. Development of the site as proposed
will not have a significant adverse cumulative impact on the region.
c) No Impact: The project proposes to development 13 single family residential lots adjacent to a single
family residentia l neighborhood of similar characteristics in home and lot size as well as density. As
such no adverse effects on human beings are anticipated.
January 2016 -20-Initial Study August 20, 2019 Item #11 Page 62 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
XIX. LIST OF MITIGATION MEASURES (if applicable)
BIOLOGY
1. In order to satisfy the Coastal Zone no-net-loss criteria of the Carlsbad Habitat Management Plan, a
minimum of 4.8-acres of Diegan coastal sage scrub habitat shall be created or substantially restored
and protected from future development.
2. A minimum 67% of the total Diegan coastal sage scrub onsite (10.18 acres) shall be conserved within
the project open space lot.
3. 75% of the project gross land area shall be preserved and protected by an open space easement.
4. No plant species listed as problematic and/or invasive by the California Invasive Plant Council (formerly the
California Exotic Pest Plant Council) or State of California shall be employed or allowed to naturalize or
persist on the site. No plant species listed as a "noxious weed" by the State of California or federal
government shall be used in the property.
5. The footprint of disturbance to Nuttall's scrub oak shall be minimized to the maximum extent feasible
and shall be specified in the construction plans. Construction limits will be delineated with orange
fencing, which will be maintained until the completion of all construction activities. All employees
shall be instructed that their activities, vehicles~ equipment, and construction materials are restricted
to the proposed project footprint, designated staging areas, and routes of travel.
6. A water pollution and erosion control plan that describes sediment and hazardous materials control,
dewa'tering or diversion structures, fueling and equipment management practices, and other factors
deemed necessary by reviewing agencies shall be developed . Erosion control measures shall be
monitored on a regularly scheduled basis, particularly during times of heavy ra infall. Corrective
measures will be implemented in the event erosion control strategies are inadequate.
Sediment/erosion control measures will. be continued at the project site until such time as the
revegetation efforts are successful at soil stabilization.
7. No invasive, exotic plant species as per the California Invasive Plant Council (Cal-I pc) shall be used in
any landscaping areas within the project site. Runoff from the landscaped areas within the project
site shall not be allowed to enter the preserve areas without being treated and or detained by
appropriate storm water pollution control treatment facilities. Genetic contamination shall be
avoided by keeping areas landscaped with approved plants. No plants that may run the risk of cross
breeding with nearby native plants shall be used. These requirements shall be reflected on the Final
Landscape Plans and project CC&R's.
8. No exposed wood shall be allowe_d throughout the project, including gates, fences, decks, etc.
Residences shall be constructed with a Class-A type roof, with no vents installed along the westerly
side. Residences shall include interior fire sprinklers installed to the satisfaction of the Carlsbad Fire
Department. Parking areas and driveways shall be sited and designed to allow for adequate fire
department access. No fire buffer impacts or vegetation thinning shall occur within the preserved
open space (conservation easement) areas. These requirements shall . be reflected on the Final
Landscape Plans, Building plans and project CC&R's.
January 2016 -21-Initial Study August 20, 2019 Item #11 Page 63 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
9. To prevent the loss of vegetative cover and address slope stabilization, the project developer shall
prohibit bare surface grading for fire control on slopes. The project developer shall also ensure that
all areas of habitat creation are planted with appropriate landscaping and adequately stabilized (e.g.
with a soil binder) after planting to minimize surface erosion. Finally, the project developer shall
ensure that surface drainage directed to the preserve areas maintains the existing storm water runoff
rate, runoff volume, discharge pattern and is treated and/or detained by appropriate storm water
pollution control treatment facilities. These requirements shall be reflected on both the final grading
and landscape plans.
10. Temporary habitat protection fencing shall be installed to protect the habitat during grading and
construction activities. A City-approved biologist shall establish the limits of the sensitive habitat in
the field prior to grading, and the biologist shall verify in writing that the habitat protection fence has
be en appropriately placed and is adequately functioning during site grading. Once grading and
constru~tion is completed, the temporary fence shall be removed and a permanent fence to prevent
access to conserved areas by domesticated animals (specifically cats), shall be installed in an approved
location. The project fencing shall restrict direct human access to the HMP Preserve Area, yet st ill
allow for sensitive species to migrate within the entire HMP Preserve system. The project shall install
signs to educate the public about the goals of the HMP Preserve and that prohibit public access to it.
Signs shall be limited enough to prevent disturbance to sensitive species. These requirements shall
be reflected on the Final Grading, Landscape and Building Plans.
11. Project lighting in the back ya rds adjacent to the HMP Preserve areas shall be of the minimum
necessary for safety and security, and shall be shielded and directed to shine downward and not into
the HMP Preserve. This requirement shall be reflected on the Final Landscape Plans, Building plans
and project CC&R's.
· 12_. The project developer shall educate homeowners regarding responsible pet ownership (e.g., keeping
pets indoors, spaying/neutering pets, and not rele.asing pets into the wild). The project developer
shall fence areas between housing and the adjacent HMP Preserve to keep pets out of the Preserve
Area. For exotic species control, the project shall not use any non-native, invasive plant species in
landscaping adjacent to the HMP Preserve. This requirement shall be reflected in the project CC&R's
13. Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the Developer
shall take the following actions to the satisfaction of the City Planner in relation to the open space
lot(s) which are being conserved for natural habitat in conformance with the City's Habitat
Management Plan :
January 2016
a. Select a conservation entity, subject to approval by the City, that possesses qualifications to
manage the open space lot(s) for conservation purposes. , /
b. Prepare a Firoperty Analysis Record (PAR) or other method acceptable to the City for
estimating the costs of management and monitoring of the open space lot(s) in perpetuity in
accordance with the requirements of the North County Multiple Habitats Conservation Plan
and the City's Open Space Management Plan.
c. Based on t he · 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.
d. Record a Conservation Easement or Restrictive Covenant over the open space lot(s).
-22-lnitial·-Study August 20, 2019 Item #11 Page 64 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15~03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
e. Prepare a Preserve Management Plan which will ensure adequate management of the ope_n
space lot(s) in perpetuity.
14. Prior to the issuance of a Notice to Proceed for a subdivision, or any construction permits, such as
demolition, grad,ing, or building, or beginning any construction-related activity, the City shall verify
that the following project requirements regarding nesting and migratory birds, including raptors, are
shown on the const~uction plans.
a. To avoid any direct impacts to nesting or migratory birds, including raptors, removal of habitat
that has potential to support active nests should occur outside of the breeding season for
these species (February 15 to September 15). If removal of habitat must occur during the
breeding season, a qualified biologist shall conduct a pre-construction survey to determine
the presence or absence of nesting birds within the proposed area within three calendar days
prior to the start of construction activities, including the removal of vegetation.
b. If nests of migratory birds or raptors are located, they shall be fenced with a protective buffer
of at least 500 feet from active nests of listed species, and 300 feet from other sensitive bird
species. All construction activity shall be prohibited within the protective buffer.
15. Prior to the issuance of a Notice to Proceed for a subdivision, or.any construction permits, such as
demolition, grading, or building, or beginning any construction-related activity, the City shall verify
at the following proj_ect requirements regarding coastal California gnatcatcher a_re shown on the
nstruction plans .
No clearing, grubbing, grading, or other construction activities shall occur between March 15 and
August 15, the breeding season of coastal California gnatcatcher, unless the following
requirements have been met.
January 2015
a. A biologist possessing a valid Endangered Species Act Section 10(a)(l)(A) Recovery Permit
shall conduct coastal California gnatcatcher surveys within 500 feet of potential breeding
habitat in the HMP Preserve that would be subject to construction noise levels exceeding 60
decibels [dB(A)] hourly average. Surveys shall be conducted in accordance with the protocol
survey guidelines established by the USFWS (1997). A total of three surveys shall be
conducted no less than one week apart, with the last of these surveys occurring no more than
three days prior to construction. If coastal California gnatcatchers are present, then the
following conditions must be met.
i. An analysis showing that noise generated by construction activities would not exceed 60
dB(A) hourly average within 500 feet of occupied habitat shall be completed by a qualified
acoustician and approved by the City Manager or designated appointee. Prior to the
commencement of construction activities between March 15 and August 15, areas
restricted from such activities shall be fenced with a protective buffer under the
supervision of a qualified biologist; or
-23-Initial Study August 20, 2019 Item #11 Page 65 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
ii. Between March 15 and August 15, no construction activities shall occur within any portion
of the site where construction activities would result in noise level$ exceeding 60 dB(A)
hourly average within 500 feet of occupied coastal California gnatcatcher habitat.
Construction noise shall be monitored to maintain a threshold at or below 60 dB(A) hourly
average sound level within 500 feet of occupied coastal California gnatcatcher breeding
habitat. If noise levels supersede the threshold, the construction array shall be changed
or noise attenuation measures shall be implemented to ensure that noise levels do not
exceed the threshold.
CULTURAL RESOURCES
16. Prior to the commencement of any ground disturbing activities, the project developer shall enter into
a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal
Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luisef\o tribe. This
agreement will contain provisions to address the proper treatment of any tribal cuitural resources
and/or Luis e no Native American human remains inadvertently discovered during the course of the
project. The agreement will outline the roles and powers of the Luisefio Native American monitors
and the archaeologist.
17. A Luisefio Native American monitor shal l be present during all ground disturbing activities. Ground
disturbing activities may include, but are not be limited to, archaeological studies, geotechnical
investigations, clearing, grubbing, trenching, excavation, preparation for utilities and other
infrastructure, and grading activities.
18. Any and all uncovered artifacts of Luisefio Native American cultural importance shall be returned to
the San Luis Rey Band of Mission lndians,·and/or the Most Likely. Descendant, if applicable, and not
be curated.
19. The Luiseno Native American monitor shall be present at the project's preconstruction meeting to
consult with grading and excavation .contractors concerning excavation schedules and safety issues,
as well as consult with the principal archaeologist concerning the proposed archaeologist techniques
and/or strategies for the project.
20. Luisefio Native American monitors and archaeological monitors shall have joint authority to
temporarily divert and/or halt construction activities. If tribal cultural resources are discovered during
construction, all earth moving activity within and around the immediate discovery area must be
diverted until the Luisef\o Native American monitor and the archaeologist can assess the nature and
significance ofthe find .
21. If a significant tribal cultural resource(s) and/or unique archaeological resource(s) are discovered
during ground disturbing activities for this project, the San Luis Rey Band of Mission Indians shall be
notified and consu lted regarding the respectful and dignified treatment of those resources . Pursuant
to California Public .Resources Code Section 21083.2{b) avoidance is the preferred method of
preservation for archaeological and tribal cultural resources. If however, the Applicant is able to
demonstrate that avoidance of a significant and/or unique cultural resource is infeasible and a data
recovery plan is authorized by the City of Carlsbad as the lead agency, the San Luis Rey Band of
Mission Indians shall be consulted regarding the drafting and finalization of any such recovery plan.
January 2016 -24-Initial Study August 20, 2019 Item #11 Page 66 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
22. When tribal cultural resources are discovered during the project, if the archaeologist collects such
resources, a Luiseno Native American monitor must be present during any testing or cataloging of
those resources. If the archaeologist does not collect the tribal cultural resources that are unearthed
during the ground disturbing activities, the Luiseno Native American monitor, may in their discretion,
collect said resources and provide them to the San Luis Rey Band of Mission Indians for dignified and
respectful treatment in accordance with the their cultural and spiritual traditions;
23. If suspected Native American human remai_!ls are encountered, California Health and Safety Code
Section 7050.5 states that no further disturbance shall occur until the San Diego County Coroner has
made the necessary findings as to origin.· Further, pursuant to California Public Resources Code
Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to
the treatment and disposition has been made. Suspected Native American remains shall be examined
in the field and kept in a secure location at the site. A Luiseno Native American monitor shall be
present during the examination of the remains. If the San Diego County Coroner determines the
remains to be Native American, the Native American Heritage Commission (NAHC) must be contacted
within 24 hours. The NAHC must then immediately notify the "Most Likely Descendant" of receiving
notification of the discovery. The Most Likely Descendant shall then make recommendations within
48 hours, and engage in consultation concerning treatment of remains as provided in Public Resources
Code 5097.98.
24. In the event that fill material is imported into the project area, the fill shall be clean of tribal cultural
resources and documented as such. lffill material is to be utilized and/or exported from areas within
the project site, then that fill material shall be analyzed and confirmed by an archeologist and Luiseno
Native American monitor that such fill material does not contain tribal cultural resources.
25. No testing, invasive or non-invasive, shall be permitted on any recovered tribal cultural resources
without the written permission of the San Luis Rey Band of Mission Indians.
26. Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate,
which describes the results, ana,lysis and conclusions of the monitoring program shall be submitted
by the archaeologist, along with the Luiseno Native American monitor's notes ·and comments, to the
City of Carlsbad for approval. Said report shall be subject to confidentiality as an exception to the
Public Records Act and will not be available for public distribution.
PALEONTOLOGY
27. Prior to any grading on any portion of the project site, a qualified pa leontologist shall be retained by
the City to prepare a Monitoring Plan. A qualified paleontologist is an individual with an MS or PhD
in paleontology or geology who is familiar with paleontological procedures and techniques. No
Grading Permits shall be issued until the monitoring plan has been approved by the City Planner.
28. A qualified paleontological monitor shall be present at a pre-grading conference with the developer,
grading contractor, and the environmental review coordinator. The purpose of this meeting will be
to consult and coordinate the role of the paleontologist in the grading of the site. A qualified
paleontologist is an individual with adequate knowledge and experience with fossilized remains likely
to be present to identify them in the field and is adequately experienced to remove the resources for
further study.
January 2016 -25-Initial Study August 20, 2019 Item #11 Page 67 of 160
Project Name: OCEAN VIEW POINT
Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05
29. A paleontologist or designate shall be present during those relative phases of grading as determined
at the pre-grading conference. The monitor shall have the authority to temporarily direct, divert, or
halt grading to ·allow recovery of fossil remains. At the discretion of the monitor, recovery may include
washing and picking of soil samples for micro-vertebrate bone and teeth. The developer shall
authorize the deposit of any resources found on the project site in an institution staffed by qualified
paleontologists as may be determined by the City Planner. =rhe contractor shall be aware of the
random nature of fossil occurrences and the possibility of a discovery of such scientific and/or
educational importance which might warrant a long-term salvage operation or preservation. Any
conflicts regarding the rol_e of the paleontologist and/or recovery times shall be resolved by the City
Planner.
30. If fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most
cases, this fossil salvage can be completed in a short period of time. However, some fossil specimens
(such as complete large mammal skeleton) may require an extended salvage period. In these
instances the -paleontologist (or paleontological monitor) shall be allowed to temporarily direct,
divert, or halt grading to allow recovery of fossil remains in .a timely manner. Because of the potential
for the recovery of small fossil remains, such as isolated mammal teeth, it may be necessary in certain
instances, to set up a screen-washing operation on the site.
31. Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be
cleaned repaired, sorted, and cataloged.
32. Prepa_red fossils, along with copies of all pertinent field notes, photos, and maps, shall either be
deposited (as a donation) in a scientific institution with permanent paleontological collections such as
the San Diego Natural History Museum or retained by the City and displayed to the public at an
appropriate location such as a library or City Hall.
33. Prior to occupancy of any buildings, a· paleontological monitoring report shall be submitted to the City
Planner and the Carlsbad Historic Preservation Commission. This report shall describe all the
materials recovered and provide a tabulation of the number of hours spent by paleontological
monitors on the site.
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,"
desc ribe the mitigation measu res, which were incorporated or refined from the earlier document
and the extent to which they address site-specific conditions fo r the project.
January 2016 -26-Initial Study August 20, 2019 Item #11 Page 68 of 160
Project Name: OCEAN VIEW POINT
Project No,: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05
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 Faraday Avenue, Carlsbad, California, 92008.
1. Final Environmental Impact Report for the City of Carlsbad General Plan (EIR 13-02), City of Carlsbad
Planning Division, September 2015.
2. Carlsbad General Plan, City of Carlsbad Planning Division, dated September 2015.
3. City of Carlsbad Municipal Code (CMC}, Title 21 Zoning, City of Carlsbad Planning Division, as updated.
4. Habitat Management Plan for Natural Communities in the City of Carlsbad {HMP}, City of Carlsbad
Planning Division, dated November 2004.
5. San Diego Regional Airport Authority/San Diego County Airport Land Use Commission. Mc(;lellan-
Palomar Airport Land Use Compatibility Plan {ALUCP}. Amended December 1, 2011.
6. Recirculated Mitigated Negative Declaration for Kirgis Tentative Map, City of Carlsbad Planning
Department, dated January 19, 2003. Environmental Impact Assessment Form -Part II for Kirgis
-Tentative Map, City of Carlsbad Planning Department, dated January 15, 2003.
7. Carlsbad Climate Action Plan, prepared by Dyett & Bhattia, September 2015.
8. Biology Resources Letter Report and Impacts Analysis, Hynek Property, City of Carlsbad, San Diego
County, California, Dudek, September 4, 2015.
9. Ocean View Point-Traffic Analysis, Urban Systems Associates, Inc., June 19, 2015.
10. Noise Study for Ocean View Point Carlsbad Tentative Map Residential Development, Ldn Consulting,
Inc., June 23, 2015.
11. Updated Geotechnical Investigation Report, Christian Wheeler Engineering, October 10, 2013.
January 2016 -27-Initial Study August 20, 2019 Item #11 Page 69 of 160
PLANNING COMMISSION RESOLUTION NO. 7338
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO THE LAND USE ELEMENT TO CHANGE THE GENERAL
PLAN LAND USE DESIGNATION FROM RESIDENTIAL (R-1.5) TO
RESIDENTIAL (R-4); A ZONE CHANGE FROM ONE-FAMILY RESIDENTIAL
30,000 SQUARE FOOT MINIMUM LOT AREA (R-1-30,000) TO ONE-FAMILY
RESIDENTIAL (R-1); AND A LOCAL COASTAL PROGRAM LAND USE AND
ZONE CHANGE TO REFLECT THE PROPOSED GENERAL PLAN LAND USE
AND ZONING FOR A 5.4-ACRE PORTION OF A 21.9-ACRE PREVIOUSLY
SUBDIVIDED PROPERTY GENERALLY LOCATED SOUTH OF THE TERMINUS
OF TWAIN AVENUE WITHIN· THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: OCEAN VIEW POINT
CASE NO: GPA 15-02/ZC 15-03/LCPA i5-05 (DEV15043}
EXHIBIT 4
WHEREAS, OCEAN VIEW-CARLSBAD, LLC, 11Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
Lots 1 through 7, inclusive, of City of Carlsbad Tract No. CT 02-06, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 16265, filed in the Office of the County Recorder of San
Diego County on April 27, 2018
(11the Property"}; and
WHEREAS, said verified application constitutes a request for a General Plan Amendment,
Zone Change, and Local Coastal Program Amendment as shown on Exhibit(s} "GPA 15-02", "ZC 15-03",
and "LCPA i5-05" dated June 19, 2019, attached hereto and on file in the Carlsbad Planning Division, GPA
15-02/ZC 15-03/LCPA 15-05 -OCEAN VIEW POINT, as provided in Government Code Section 65350 et.
seq., Chapter 21.52 of the Carlsbad Municipal Code, and Public Resources Code Sections 30514 and 13551
of California Code of Regulations Title 14, Division 5.5, respectively; and
WHEREAS, the proposed Zone Change and Local Coastal Program Zone Change are set
forth in the draft City Council Ordinance, EXHIBIT ''X" dated June 19, 2019, and attached hereto as ZC 15-
03/LCPA 15-05 -OCEAN VIEW POINT; and
WHEREAS, the Planning Commission did, on June 19, 2019, hold a duly noticed public
hearing as prescribed by law to consider said request; and
August 20, 2019 Item #11 Page 70 of 160
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, Zone Change, and Local Coastal Program Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of GPA 15-02/ZC 15-03/LCPA 15-05 -OCEAN VIEW POINT,
based on the following findings:
Findings:
1. 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 Report Program and Addendum for GPA 15-02/ZC 15-03/LCPA15-05/CT
15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 -OCEAN VIEW POINT the
environmental impacts therein identified for this project and any comments thereon prior
to RECOMMENDING APPROVAL of the project; and
b. the Mitigated Negative Declaration, Mitigation Monitoring and Report Program and
Addendum has been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection
Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad;
and
d. based on the EIA and comments thereon, there is no substantial evidence the project will
have a significant effect on the environment.
General Plan Amendment, GPA 15-02
2. 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
19, 2019, including, but not limited to the following:
A. The project is consistent with the Land Use and Community Design Element in that the
proposed project consists of a request for a General Plan Amendment to change the
General Plan Land Use designation from Residential (R-1.5) to Residential (R-4) and a
Local Coastal Program Amendment to reflect the General Plan Land Use to allow for a
subdivision with 13 residential lots on a 5.4-acre portion of a 21.9-acre site. The
PC RESO NO. 7338 -2-
August 20, 2019 Item #11 Page 71 of 160
applicant is proposing to develop the vacant infill site with challenging topography and
a 75 percent habitat preservation requirement. The residential lots are clustered within
an area of the site that minimizes impacts on habitat with limited impacts to the
adjacent residential development. As demonstrated in "Exhibit GPA 15-02", a variety
of land uses surround the subject site. Single-family homes that are part of the Spyglass
Hills residential subdivision are located directly adjacent and to the north of the project
site. To the east, at a lower elevation from the project site and across Faraday Avenue,
is the Carlsbad Research Center industrial office park. To the south of the project site,
also at a lower elevation and across Faraday Avenue, is The Crossings at Carls.bad
community golf course. Immediately south and west of the project site is City owned
property with a General Plan Land Use designation and Zoning of Open Space {OS) that
includes Veterans Memorial Park. No uses are located adjacent to the project site which
could create an issue with respect to land use compatibility. The proposed single-family
residential subdivision results in a development with lot sizes and density that are the
same as the existing adjoining Spyglass Hills neighborhood.
The project site is located approximately one-mile north of McClellan-Palomar Airport.
Given the site's proximity to the airport, the property is located within Review Area 1
of the Airport Influence Area {AIA) and thus is subject to the Airport Land Use
Compatibility Plan for the McClellan-Palomar Airport {ALUCP). The property is also
located within Safety Zone 6 -Traffic Pattern Zone of the ALUCP, is located outside of
the 60-65 CNEL noise contour, and is within the Airport Overflight Notification Area. As
stated in the ALUCP Table 111-2 (Safety Compatibility Criteria), residential development
is a compatible use without limitations outside of the 60-65 CNEL noise contours and in
Safety Zone 6. The requested land use change was also determined to be consistent
with the ALUCP by the Airport Land Use Commission staff on October 25, 2016. Because
the project is located within the Airport Overflight Notification Area, the project has
been conditioned to record a notice informing future residents that the property is
subject to overflight, sight and sound of aircraft operating from the airport.
The property constraints analysis indicates that there are 13.3 net developable acres
within the 21.9-acre property which would allow for 13 dwelling units at the existing
{R-1.5) Growth Management Control Point of one {1) dwelling unit per acre.
Furthermore, a constraints analysis of the 5.4 acres proposed for development indicates
that of those 5.4 acres, there are 4.8 net developable acres. Applying the project's
proposed General Plan Land Use designation of R-4 {0-4 dwelling units per acre and a
Growth Management Control Point of 3.2 dwelling units) to the 4.8 acres would allow
for 15 dwelling units on the 5.4-acre portion of the site proposed for development.
B. The project is consistent with the Open Space and Conservation Element in that its
clustering development on the least sensitive and constrained portions of the property
adjacent to existing development; it conserves 75 percent of the site as permanent open
space; and utilizes trails to connect the city's open space network.
C. The project is consistent with the Noise Element and will not result in exposure of
persons to or generation of noise levels in excess of standards established in the City's
General Plan or Noise Guidelines Manual in that the proposed residential subdivision is
located outside the 60 dB{A) CNEL noise contour as indicated in the City of Carlsbad's
PC RESO NO. 7338 -3-
August 20, 2019 Item #11 Page 72 of 160
General Plan Noise Element and Noise Guidelines Manual (Carlsbad Future Noise
Exposure Contours Map, forecast year 2035). Additionally, the project site is also
located outside of the 60 dBA CNEL noise exposure range as shown on Exhibit 111-1 of
the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). However, future
homes will be located within the Airport Overflight Notification Area for the airport, so
the project is conditioned to record a notice informing future residents that the
property is subject to overflight, sight and sound of aircraft operating from the airport.
D. The project is consistent with the Public Safety Element in that it will implement
requirements related to its location partially within a Very High Fire Hazard Severity
Zone. The project site is located within a five-minute response time of Fire Stations 3
and 5. A Conceptual Fire Protection Plan has been prepared for the project to
demonstrate how it will conform to the policies and requirements of the Landscape
Manual, particularly the Fire Policies and Fire Protection Requirements. The plan
includes written and graphic illustrations of fire hydrant locations, 60-foot wide fire fuel
modification zones cove.ring both manufactured slope areas and native slope areas,
emergency/maintenance access, and maintenance responsibility and schedule of
frequency.
Zone Change, ZC 15-03
3. That the proposed Zone Change from One-Family Residential 30,000 square foot minimum lot
area (R-1-30,000) to One-Family Residential (R-1) for a 5.4-acre portion of a 21.9-acre previously
subdivided site is consistent with the goals and policies of the various elements of the General
Plan, in that the proposed R-1 zoning designation impiements the proposed R-4 General Plan
Land Use designation. The R-1 zoning designation will allow for single-family residential
development with a minimum lot size of 7,500 square feet. The existing R-1-30,000 requires a
minimum lot size of 30,000 square feet. As stated in the staff report, a single-family residential
neighborhood with lot sizes in the 8,000 -20,000 square foot range is adjacent on the north
side of the subject site with a general average of 10,000 square feet. The proposed residential
lots vary in size from 10,353 square feet to 19,660 square feet with an average lot size of 13,480
square feet.
4. 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 One-
Family Residential (R-1) Zone designation shown on Exhibit "ZC 15-03" attached hereto
implements the Residential (R-4) General Plan Land Use designation.
5. That the Zone Change is consistent with the public convenience, necessity, and general welfare,
and is consistent with sound planning principles in that the residential uses allowed by the
proposed zone change are compatible with the adjacent residential and open space land uses.
Local Coastal Program Amendment, LCPA 15-05
6. 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 Mello
II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that
PC RESO NO. 7338 -4-
August 20, 2019 Item #11 Page 73 of 160
the amendments ensure consistency with the Carlsbad General Plan and Zoning Ordinance and
do not conflict with any coastal zone regulations, land use designations or policies.
7. 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
consistency with the proposed General Plan Amendment {GPA 15-02) and Zone Change {ZC 15-
03).
General
8. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 8 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
A. The Public facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
9. All necessary public facilities can be provided concurrent with need, and adeqµate provisions have
been provided to implement those portions of the capital improvement program applicable to
the subject property.
10. 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 exadions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degre·e
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
permit, building permit or recordation of final map, whichever comes first; or pursuant to an
approved construction schedule at the discretion of the appropriate division manager or
official.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the City's approval of this General Plan Amendment,
Zone Change, and Local Coastal Program Amendment.
PC RESO NO. 7338 -5-August 20, 2019 Item #11 Page 74 of 160
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the General Plan Amendment, Zone Change, and Local Coastal Program
Amendment documents, as necessary to make them internally consistent and in conformity with
the final action on the project. Development shall occur substantially as shown on the approved
Exhibits. Any proposed development, different from this approval, shall require an amendment
to this approval.
3. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the City arising, .directly or indirectly,
from (a) City's approval and issuance of this General Plan Amendment, Zone Change, and Local
Coastal Program Amendment, (b) City's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all legal
proceedings have been concluded and continues even if the City's approval is not validated.
6. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 8 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
7. This approval is granted subject to the approval of the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and Addendum for OCEAN VIEW POINT -GPA
15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 and is
subject to all conditions contained in Planning Commission Resolutions No. 7337 and 7339 for
those other approvals incorporated herein by reference.
8. Developer shall implement, or cause the implementation of, the OCEAN VIEW POINT -GPA 15-
02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 Project
Mitigation Monitoring and Reporting Program and Addendum.
PC RESO NO. 7338 -6-
August 20, 2019 Item #11 Page 75 of 160
ORDINANCE NO.
EXHIBIT X
Dated June 19, 2019
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENTS TO THE ZONING AND LOCAL
COASTAL PROGRAM ZONING MAPS (ZC 15-03/LCPA 15-05} TO ALLOW A
ZONE CHANGE FROM ONE-FAMILY RESIDENTIAL 30,000 SQUARE FOOT
MINIMUM LOT AREA (R-1-30,000} TO ONE-FAMILY RESIDENTIAL (R-1}; AND
A LOCAL COASTAL PROGRAM ZONE CHANGE FROM ONE-FAMILY
RESIDENTIAL 30,000 SQUARE FOOT MINIMUM LOT AREA {R-1-30,000} TO
ONE-FAMILY RESIDENTIAL (R-1} FOR A 5.4-ACRE PORTION OF A 21.9-ACRE
PREVIOUSLY SUBDIVIDED PROPERTY GENERALLY LOCATED SOUTH OF THE
TERMINUS OF TWAIN AVENUE WITHIN THE MELLO 11 SEGMENT OF THE
LOCAL ,COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME:
CASE NO.:
OCEAN VIEW POINT
ZC-15-03/LCPA 15-05 (DEV15043}
WHEREAS, OCEAN VIEW-CARLSBAD, LLC, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as·
Lots 1 through 7, inclusive, of City of Carlsbad Tract No. CT 02-06, in the
City of Carlsbad, County of San Diego, State of California, according to map
thereof No. 16265, filed in the Office of the County Recorder of San Diego
County on April 27, 2018
("the Property"}; and
WHEREAS, said verified applicatio•n constitutes a request for a Zone Change and Local
Coastal Program Amendment as shown on Exhibits "ZC 15-03" and "LCPA 15-05" -OCEAN VIEW POINT ' I
dated June 19, 2019, attached hereto arid made a part hereof; and
WHEREAS, the City Council did, on the __ day of ______ ____, 2019, hold a duly
noticed public heqring as prescribed by law to consider said request; and
WHEREAS at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council considered all factors relating
to the "ZC 15-03/LCPA 15-05 -OCEAN VIEW POINT."
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Carlsbad, California,
does ordain as follows:
August 20, 2019 Item #11 Page 81 of 160
1. The above recitations are true and correct.
2. That Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning Map and
the Local Coastal Program Zoning Map, are amended as shown on the maps marked "ZC 15-03-OCEAN
VIEW POINT" and "LCPA 15-05-OCEAN VIEW POINT" dated June 19, 2019, attached hereto and made
a part hereof.
3. That the findings and conditions of the Planning Commission in Planning
Commission Resolution No. 7338 shall also constitute the findings and conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the
City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a
summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper
of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding
the preceding, this ordinance shall not be effective until LCPA 15-05 is approved by the California
Coastal Commission.)
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
___ day of ________ 2019, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the ___ day of ___ ~----~ 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
August 20, 2019 Item #11 Page 82 of 160
PLANNING COMMISSION RESOLUTION NO. 7339
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP, PLANNED DEVELOPMENT PERMIT, COASTAL DEVELOPMENT
PERMIT, HILLSIDE DEVELOPMENT PERMIT, AND HABITAT MANAGEMENT
PLAN PERMIT TO ALLOW FOR THE SUBDIVISION AND DEVELOPMENT OF
18 LOTS (13 SINGLE-FAMILY RESIDENTIAL, ONE PRIVATE STREET, AND
FOUR OPEN SPACE), ALL OF WHICH IS CONTAINED Wll:HIN A 21.9-ACRE
PREVIOUSLY SUBDIVIDED PROPERTY GENERALLY LOCATED SOUTH OF
THE TERMINUS OF TWAIN AVENUE WITHIN THE MELLO II SEGMENT OF
THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT
ZONE 8.
CASE NAME:
CASE NO.:
OCEAN VIEW POINT
CT 15-07/PUD 15-15/ CDP 15-53/HDP 15-03/
HMP 15-05 (DEV15043)
EXHIBIT 4
WHEREAS, OCEAN VIEW-CARLSBAD, LLC, "Deve,loper/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
Lots 1 through 7, inclusive, of City of Carlsbad Tract No. CT 02-06, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 16265, filed in the Office of the County Recorder of San
Diego County on April 27, 2018
("the Property''); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map,
Planned Development Permit, Coastal Development Permit, Hillside Development Permit, and Habitat
Management Plan Permit as shown on Exhibit(s) "A" -"M" dated June 19, 2019, on file in the Planning
Division CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 -OCEAN VIEW POINT, as provided by
Chapters 20.12, 21.45, 21.95, 21.201 and 21.210 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 19, 2019, 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, if any, of persons desiring to be heard, said Commission considered all factors relating to the
Tentative Tract Map, Planned Development Permit, Coastal Development Permit, Hillside Development
Permit, and Habitat Management Plan Permit.
August 20, 2019 Item #11 Page 85 of 160
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)
B)
Findings:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05-
OCEAN VIEW POINT, based on the following findings and subject to the following
conditions:
Tentative Tract Map, CT 15-07
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act,
and will not cause serious public health problems, in that the project implements the goals and
policies of the General Plan as discussed above; is consistent with all minimum requirements of
Titles 20 and 21 governing lot size and configuration; and has been designed to comply with all
applicable city regulations.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for residential development on the General Plan and are developed
with single-family homes of a comparable density of 0-4 dwelling units per acre and lot sizes
from 8,000 to 20,000 square feet.
3. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in
that all required minimum development standards and design criteria required by the
applicable zoning ordinances are incorporated into the project design without the need for
variances from development standards.
4. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the project has been
designed and conditioned such that there are no conflicts with established easements.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
6. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the public
service needs of the city and available fiscal and environmental resources and that the proposed
housing can be adequately served by the existing public services and no new facilities are
required.
7. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
PC RESO NO. 7339 -2-August 20, 2019 Item #11 Page 86 of 160
that staff has conducted an environmental impact assessment to determine if the project could
have any potentially significant impacts on the environment. The environmental impact
assessment identified potentially significant impacts to both Biological Resources and Cultural
Resources. Mitigation measures have been incorporated into the design of the project and the
Mitigation Monitoring and Reporting Program {MMRP) such that all potentially significant
impacts will be mitigated to below a level of significance.
8. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project will adhere to the city's
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and
Jurisdictional Runoff Management Program {JRMP) to avoid increased urban runoff, pollutants,
and soil erosion.
Planned Development Permit, PUD 15-15
9. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in
that the project density of 2.7 dwelling units per net acre for the 5.4-acre project area is
consistent with the R-4 Residential General Plan Land Use designation (0-4 du/ac). Additionally,
the project is consistent with all the minimum development and design standards applicable to
the property as contained in Chapters 21.10 {One-Family Residential {R-1) Zone) and 21.45
{Planned Developments) of the Carlsbad Municipal Code.
10. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in
the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that the 13-unit single-family residential project is compatible with
existing adjacent single-family development as permitted by the One-Family Residential (R-1)
Zone and is proposed to be constructed at a density {2.7 du/ac) which falls within the range of
the applicable R-4 Residential General Plan Land Use designation; and does not create a_ny
traffic circulation impacts as Twain Avenue is adequately designed to accommodate the 130
Average Daily Trips {ADT) being generated.
11. The project will not adversely affect the public health, safety, or general welfare, in that the 13-
lot single-family residential subdivision has been designed to comply with all· applicable
development standards to ensure compatibility with surrounding single-family residential uses.
12. The project's design, including streets and site layout a) contributes to the community's overall
aesthetic quality, b) includes the appropriate use of landscaping, and c) achieves continuity among
all elements of the project, in that the proposed project is designed as a hillside large-lot single-
family residential project that will complement the surrounding streets and development.
Coastal Development Permit, CDP 15-53
13. That the proposed development is in conformance with the Certified Local Coastal Program
{Mello II Segment) and all applicable policies, in that the project preserves 75 percent of the site
as designated open space, provides measures adequate to mitigate impacts to onsite habitat,
and includes erosion control measures that protect down slope coastal resources.
14. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to a beach or water based recreational
PC RESO NO. 7339 -3-August 20, 2019 Item #11 Page 87 of 160
facilities but does however include a public trail link to the adjacent Veterans Memorial Park
land.
15. 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, Storni Water Ordinance, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants,
and soil erosion. Limited development, less than 10 percent, is proposed on natural steep
slopes (,:!:25 percent gradient). Habitat impacted by the project is being mitigated according to
the mitigation standards of the Habitat Management Plan. In addition, the site is not located
in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
Hillside Development Permit, HDP 15-02
16. That hillside conditions have been properly identified on the constraints map which show existing
and proposed conditions and slope percentages.
17. That undevelopable ar_eas of the project, i.e., slopes over 40 percent, have been properly
identified on the constraints map.
18. That the development proposal is consistent with the intent, purpose, and requirements of the
Hillside Ordinance, Chapter 21.95, in that the project is consistent with the land use and open
space/conservation elements of the General Plan with 75 percent of the on-site habitat being
restored and placed under a conservation easement and impacts to coastal sage scrub habitat
being mitigated at a ratio of 2:1. A~ditionally, the project is designed to relate to the natural
slope of the land stepping down gradually from the crest of the site at the terminus of Twain
Avenue; the alteration of the natural hillsides will be developed in an environmentally sensitive
manner to preserve steep slopes and wildlife habitat to the maximum extent practicable; and
both mechanical and biological methods will be implemented to control potential erosion,
including engineering the manufactured slopes to maximize slope stability; choosing
appropriate plant materials for the manufactured slopes to reduce the level of erosion of the
slopes; implementing post-construction best management practices (BMPs) that will ensure
run-off is appropriately treated to minimize the potential for erosion; and implementing
construction-level BMPs to prevent any silt from entering any of the HMP open space
conservation areas.
19. That the proposed development or grading will not occur in the undevelopable portions of the
site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that the site
does not contain any beaches, permanent bodies of water, floodways, significant wetlands,
significant riparian or woodland habitats, major power transmission easements, or railroad
track beds. For those natural slopes with an inclination of greater than 40 percent located
within the grading impact footprint, none of these slope areas include all of the following
characteristics that would otherwise make them undevelopable: a) an elevation differential of
greater than 15 feet; b) a minimum area of 10,000 square feet; and c) a slope that comprises a
prominent landform feature.
20. The project design substantially conforms to the intent of the concepts illustrated in the Hillside
Development Guidelines Manual, in that project grading is balanced onsite so there is no import
or export of excess dirt; the grading design minimizes the volume of grading (4,333 cubic yards
per acre) to an "acceptable" level (Oto 7,999 cubic yards per acre); none of the manufactured
PC RESO NO. 7339 -4-August 20, 2019 Item #11 Page 88 of 160
29. That the authorization to impact sensitive habitats as a result of the project will not appreciably
reduce the likelihood of surviva l and recovery of the species in the wild due to compliance with
all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife
agencies and the public.
30. That the City Planner is authorized to sign the Take Permit.
31. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan, which is a comprehensive conservation plan and implementation program
that will facilitate the preservation of biological diversity and provide for effective protection and
conservation of wildlife and plant species while continuing to allow compatible development in
accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and
sensitive species is required by the Open Space and Conservation Element of the City's General
Plan which provides for the realization of the social, economic, aesthetic and environmental
benefits from the preservation of open space within an increasingly urban 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-Lieu Mitigation Fee
imposed on all new development within the City is essential to fund implementation of the City's
Habitat Management Plan. Pursuant to the HMP, the project has been conditioned to pay
habitat in-lieu fees for impacts to 0.51 acres of disturbed land (Habitat Group F).
California Environmental Quality Act
32. The Planning Commission of the City of Carlsbad does hereby find:
General
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation
Monitoring and Report Program and Addendum for GPA 15-02/ZC 15-03/LCPA 15-05/CT
15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 -OCEAN VIEW POINT the
environmental impacts therein identified for this project and any comments thereon prior
to RECOMMENDING APPROVAL of the project; and
b. the Mitigated Negative Declaration, Mitigation Monitoring and Report Program and
Addendum has been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection
Procedures of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad;
and
d. based on the EIA and comments thereon, there is no substantial evidence the project will
have a significant effect on the environment.
33. 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
19, 2019 including, but not limited to the following:
a. Land Use & Community Design -Promote infill development that makes efficient use of
limited land supply, while ensuring compatibility and integration with existing uses.
PC RESO NO. 7339 -6-August 20, 2019 Item #11 Page 90 of 160
Ensure that infill properties develop with uses and development intensities supporting a
cohesive development pattern (Goal 2-G.3): The applicant is proposing to develop a
vacant infill site with challenging topography and a 75 percent habitat preservation
requirement. The residential lots are clustered in the area that minimizes impacts on
the habitat with limited impact on the adjacent residential development.
b. Land Use & Community Design -Protect the neighborhood atmosphere and identity of
existing residential areas (Goal 2-G.S): The proposed lots, ranging in size from 10,353
square feet to 19,660 square feet, are generally consistent with the adjacent
neighborhood, which range in size from 8,000 square feet to 20,000 square feet.
c. Mobility -Keep Carlsbad moving with livable streets that provide a safe, balanced, cost-
effective, multi-modal transportation system (vehicles, pedestrians, bikes, transit),
accommodating the mobility needs of all community members, including children, the
elderly and disabled (Goal 3-G.1); improve connectivity for residents, visitors and
businesses (Goal 3-G.2); and provide inviting streetscapes that encourage walking and
promote livable streets (Goal 3-G.3): The project, while gated, completes an otherwise
unimproved non-landscaped project frontage along an existing cul-de-sac at the
southern terminus of Twain Avenue and will also dedicate and install a pedestrian
connection to the Citywide Trail System, which includes access to the nearby Veteran's
Memorial Park and the Crossings at Carlsbad community golf course. A private street
with gated entry is considered to be acceptable in this case because of the surrounding
habitat, open space requirements and steep topography make it difficult, if not
impossible to connect to Faraday Avenue below. Landscaped parkways and street trees
will line the existing unimproved portion of Twain Avenue as well as the new private
street. The circulation system has also been designed in conformance with the Land
Development Engineering Division and Fire Department design standards for public
streets, private streets and hillside conditions and complies with all other applicable
City of Carlsbad design standards. ~
d. Open Space & Conservation -Protect environmentally sensitive lands, wildlife habitats,
and rare, threatened or endangered plant and animal communities (Goal 4-G.3).
Maintain and implement the city's Habitat Management Plan (HMP), including the
requirement that all development projects comply with the HMP and related documents.
Require assessments of biological resources prior to approval of any development on sites
with sensitive habitat (Policy 4-P.9): The project site, which is identified as a "Standards
Area" in the HMP, preserves seventy-five percent of the gross project area as Open
Space. A Biological Technical Report (BTR) was prepared for the site and determined
that there will be impacts to 4.13 acres of coastal sage scrub (Habitat Group C) and 0.51
acres of disturbed land (Habitat Group F). Impacts to Habitat Group C will be mitigated
at a 2:1 ratio and impacts to Habitat Group F will be satisfied through payment of an in-
lieu fee. Final design of the project was reached with extensive involvement and input
by the Wildlife Agencies. An HMP Consistency Determination from the Wildlife
Agencies was received on March 15, 2019 acknowledging the project's consistency with
the HMP.
e. Open Space & Conservation -Require developments to incorporate structural and non-
structural best management ·practices (BMPs) to mitigate or reduce the projected
increases in pollutant loads. Do not allow post-development runoff from a site that would
cause or contribute to an exceedance of receiving water quality objectives or has not been
PC RESO NO. 7339 -7-August 20, 2019 Item #11 Page 91 of 160
reduced to the maximum extent practicable (Policy 4-P.58}: The project will adhere to
the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP
Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid
increased urban runoff, pollutants, and soil erosion.
f. Open Space & Conservation -Coordinate the planning of park facilities and trails with
other recreation-oriented land uses such as open space (Goal 4-G.8); utilize greenways
and trails to connect the city's open space network (Goal 4-G.11); and obtain an
irrevocable offer to dedicate or a permanent easement for multi-use trails on privately
owned property where feasible, and where trails are proposed as part of the Carlsbad
trail system (Policy 4-P.43): The pr_oposed project will complete Trail Connection SD of
the city's Trails Master Plan, thereby connecting the existing Spyglass Hills
neighborhood and the proposed Ocean View Point development with Veteran's
Memorial Park and The Crossings at Carlsbad community golf course. This segment will
be a "Type 2 -Multi-Use Recreational Trail" that accommodates a broad range of trail
users. The project is conditioned to require an irrevocable offer of dedication for a
public trail easement through private property.
g. Noise -Ensure that new development is compatible with the noise environment, by
continuing to use potential noise exposure as a criterion in land use planning (Goal 5-G.2);
The project will not result in exposure of persons to or generation of noise levels in
excess of standards established in the City's General Plan or Noise Guidelines Manual
in that the proposed residential subdivision is located outside the 60 dB(A) CNEL noise
contour as indicated in the City of Carlsbad's General Plan Noise Element and Noise
Guidelines Manual (Carlsbad Future Noise Exposure Contours Map, forecast year 2035).
h. Noise -Use the noise policies in the McClellan-Palomar Airport land Use Compatibility
Plan (ALUCP) to determine acceptability of a land use within the airport's influence area
(AIA) as depicted in the ALUCP (Policy S-P.12): The project site is located within Review
Area 1 of the Airport Land Use Compatibility Plan for the McClellan-Palomar Airport
(ALUCP), is within Safety Zone 6, is located outside of the 60-65 CNEL noise contour, and
is within the Airport Overflight Notification Area. As stated in the ALUCP Table 111-2
(Safety Compatibility Criteria), residential development is a compatible use without
limitations outside of the 60-65 CNEL noise contours and in Safety Zone 6. The
requested land use change was also determined to be consistent with the ALUCP by the
Airport Land Use Commission staff on October 25, 2016. Because the project is located
within the Airport Overflight Notification Area, the project has been conditioned to
record a notice informing future residents that the property is subject to overflight,
sight and sound of aircraft operating from the airport.
i. Public Safety -Encourage physical planning and community design practices that deter
crime and promote safety (Policy 6-P.30}: The project site is located within a five-minute
response time of Fire Stations No. 3 and 5 and has been conditioned to comply with the
fire code, including provisions for an automatic sprinkler system within each future
dwelling unit. Additionally, a Conceptual Fire Protection Plan has been prepared for the
project to demonstrate how it will conform to the policies and requirements of the
Landscape Manual, particularly the Fire Policies and Fire Protection Requirements. The
plan includes written and graphic illustrations of fire hydrant locations, 60-foot wide
fire fuel modification zones covering both manufactured slope areas and native slope
PC RESO NO. 7339 -8-August 20, 2019 Item #11 Page 92 of 160
j.
areas, emergency/maintenance access, and maintenance responsibility and schedule of
frequency.
Housing -Provide sufficient new, affordable housing opportunities in all quadrants of the
city to meet the needs of current lower and moderate-income households and those with
special needs, and a fc!ir share proportion of future lower and moderate-income
households (Goal 10-G.3): The project is conditioned to enter into an affordable housing
agreement for the provision of two (2) affordable housing units.
34. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 8 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be
collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
d. The Local Facilities Management fee for Zone 8 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
35. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated March 4, 2010, in that:
a. The proposed project is located outside the 60 dB CNEL noise contour. The ALUCP
identifies all uses located outside the 60 dB(A) CNEL noise contour as compatible with
airport uses;
b. The proposed project is located within Safety Zone 6. The ALUCP identifies residential
land uses located within Safety Zone 6 as compatible with airport uses;
c. The proposed project is located within the Airport Overflight Notification Area but is
outside the Avigation Easement Area. Accordingly, the project has been conditioned to
record a notice informing future residents that the property is subject to overflight,
sight and sound of aircraft operating from the airport; and
d. The requested land use change was determined to be consistent with the Airport Land
Use Compatibility Plan by the Airport Land Use Commission staff on October 25, 2016.
36. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
PC RESO NO. 7339 -9-August 20, 2019 Item #11 Page 93 of 160
37. That the city has adopted a Citywide Trails Program and a segment of the trail network is
associated with this project.
38. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit, building
permit or recordation of final map, whichever comes first; or pursuant to an approved
construction schedule at the discretion of the appropriate division manager or official.
· 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city's approval of this Tentative Tract Map, Planned
Development Permit, Coastal Development Permit, Hillside Development Permit, and Habitat
Management Plan Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map, Planned Development Permit, Coastal Development
Permit, Hillside Development Permit, and Habitat Management Plan Permit documents, as
necessary to make them internally consistent and in cohformity with the final action on the
project. Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer shall implement, or cause the implementation of, the project Mitigated Negative
Declaration, Mitigation Monitoring and Reporting Program, and Addendum for Ocean View
Point -GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-
05.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
PC RESO NO. 7339 -10-August 20, 2019 Item #11 Page 94 of 160
from {a) city's approval and issuance of this Tentative Tract Map, Planned Development Permit,
Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan
Permit, {b) city's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and {c) Developer/Operator's
installation and operation of the facility permitted hereby, including without limitation, any and
all liabilities arising from the emission by the facility of electromagnetic fields or other energy
waves or emissions. This obligation survives until all legal proceedings have been concluded and
continues even if the city's approval is not validated.
7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Tract
Map, conceptual grading plan and preliminary utility plan reflecting the conditions approved by
the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if
found acceptable, signed by the city's project planner and project engineer. If no changes were
required, the approved exhibits shall fulfill this condition.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 8 local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
10. This approval is granted subject to the approval of the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program, and Addendum; GPA 15-02, ZC 15-03, and LCPA
15-05, and is subject to all conditions contained in Planning Commission Resolutions No. 7337 and
7338 for those other approvals incorporated herein by reference.
11. This approval shall become null and void if the final map is not approved for this project within
24 months from the date on which the California Coastal Commission votes to approve the
project.
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 of the 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 Final Map.
13. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the ·
license Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax {if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable local Facilities Management Plan fee for Zone
8, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
14. · Developer shall submit to the city a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
PC RESO NO. 7339 -11-August 20, 2019 Item #11 Page 95 of 160
that· the City of Carlsbad has issued a(n) Tentative Tract Map, Planned Development Permit,
Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan
Permit by Resolution(s) No. 7339 on the property. Said Notice of Restriction shall note the
property description, location of the file containing complete project details and all conditions of
approval as well as any conditions or restrictions specified for inclusion in the Notice of
Restriction. The City Planner has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer or
successor in interest.
15. Prior to the approval of the final map for any phase of this project, the Developer shall enter into
an Affordable Housing Agreement with the city to provide and deed restrict two (2) dwelling units
(15 percent of the total dwelling units) as affordable to lower-income households for 55 years,
in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad
Municipal Code. The draft Affordable Housing Agreement shall be submitted to the City Planner
no later than 60 days prior to the request to final the map. The recorded Affordable Housing
Agreement shall be binding on all future owners and successors in interest.
16. Developer shall construct the required inclusionary units concurrent with the project's market
rate units, unless both the final decision-making authority of the city and the Developer agree
within an Affordable Housing Agreement to an alternate schedule for development.
17. As a_condition of this approval, applicant must comply with the requirements of all regulatory
agencies having jurisdiction over the project and any mitigation requirements of the
environmental documents for the project. Pursuant to Government Code section 65871 and
Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140, applicant shall grant a
conservation easement over all onsite and offsite mitigation areas and the onsite open space lot
for the conservation, protection, and management of fish, wildlife, native plants and the habitat
with the City's adopted Habitat Management Plan.
18. Developer shall dedicate, on the final map, an open space easement for those portions of Lots 1-
13, which are in slopes, coastal sage scrub and contain the 20-foot wide HMP Upland Habitat
Buffer, to prohibit any encroachment or development, including but not limited to fences, walls,
decks, storage buildings, pools, spas, stairways, and private (non-HOA maintained) landscaping,
as shown on Planning Commission Exhibit(s) "A" -"N" dated June 19, 2019.
19. Prior to final map approval, or issuance of a grading permit or clearing of any habitat, whichever
occurs first, the Developer shall take the following actions to the satisfaction of the City and
resource agencies in relation to the onsite open space lot (Lot 14) and offsite mitigation areas
which are being conserved for natural habitat in the conformance with the City's Habitat
Management Plan:
a. The Mitsuuchi Property (adjacent to the Batiquitos Lagoon Ecological Reserve) was
purchased with federal Endangered Species Act Section 6 grant funding, allocated by the
California Wildlife Conservation Board (WCB) with matching funding from the California
Coastal Conservancy. The subgrant deed for this property states that the property cannot
be used for mitigation. However, the subgrant agreement can be amended to allow
mitigation at the discretion of the California Coastal Conservancy and the WCB. Prior to
approval of this property being used to satisfy substantial restoration/restoration
mitigation obligations of the Project, (i) the landowner/developer must provide
documentation from the California Coastal Conservancy and WCB stating that the subgrant
PC RESO NO. 7339 -12-August 20, 2019 Item #11 Page 96 of 160
deed has been amended to allow Project-related mitigation on the Mitsuuchi property, and
(ii) California Coastal Commission must approve the mitigation as a requirement of the
Coastal Development Permit.
b. Submit a final mitigation plan (conceptual restoration plan) for all onsite and offsite
mitigation areas. This plan, including on-the-ground verification, must be approved by the
city and resource agencies.
c. Select a conservation entity for each offsite mitigation area and onsite open space lot,
subject to approval by the City, that possesses qualification to manage these areas for
conservation purposes.
d. Submit a final a Preserve Management Plan for each offsite mitigation area and onsite open
space lot, which will ensure adequate management of these areas in perpetuity.
e. Submit a Property Analysis Record (PAR) or other method acceptable to the City for
estimating the costs of management and monitoring of each offsite mitigation area and
onsite open space lot in perpetuity in accordance with the requirements of the HMP.
Although Emerald Pointe is already funded for long-term management, additional long-
term funding for the mitigation area associated with the Ocean View Pointe project will be
required to maintain this area to HMP standards. The Mitsuuchi property will also require
additional management funding to insure the area is managed to HMP standards.
f. Based on the results of the final PAR for each mitigation area/open space lot, fund non-
wasting endowments in an amount sufficient for management and monitoring of the offsite
mitigation areas and onsite open space lot in perpetuity based on the approved PAR/cost
estimate. Separate funds must be established for each preserve (i.e., Ocean View Pointe,
Shorepointe, Emerald Pointe, and Mitsuuchi). Long-term management funds for mitigation
areas that already have an established endowment account can be paid into that existing
account.
g. Obtain approval of the United States Fish and Wildlife Service (USFWS), California
Department of Fish and Wildlife (CDFW), and California Coastal Commission (CCC) for the
restoration plan(s), preserve management plans, PARs, and endowments for all onsite and
offsite mitigation areas/open space lot consistent with the most current Biological
Resources Letter Report and Impact Analysis, or as otherwise approved by the City, USFW,
CDFW, and CCC.
h. Permanently protect all mitigation areas by establishing conservation easements, as
defined in California Civil Code Section 815.1, over all offsite mitigation areas and the onsite
open space lot for the conservation, protection, and management of native species and
habitats consistent with the HMP and approved by the resource agencies and the city. Proof
of recordation shall be provided to the jurisdictional city prior to land disturbance.
20. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, .and disturbed lands, which provide some benefits to
wildlife, as documented in the city's Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the city has adopted an In-lieu Mitigation Fee consistent
with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to
fund mitigation for impacts to certain categories of vegetation and animal species. The Developer
PC RESO NO. 7339 -13-August 20, 2019 Item #11 Page 97 of 160
is further aware that the city has determined that all projects will be required to pay the fee in
order to be found consistent with the Habitat Management Plan and the Open Space and
. Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall
pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit,
whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with
the City's Habitat Management Plan (HMP) for impacts to 0.51 acres of disturbed land (Habitat
Group F). If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent
with the Habitat Management Plan and the General Plan and any and all approvals for this project
shall become null and void.
21. The applicant shall submit to the City Planner a digital copy of the biology report exhibits in ESRI-
Shapefile format registered to NAD 83 California State Plane Coordinate System Zone 6 (FIPS 406),
US Survey Feet. The City Planner has the discretion to waive this condition based on factors such
as the scope of the study and the format in which the exhibits were prepared.
22. 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 and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
23. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
24. Streettrees to be planted within the private street parkway shall be a minimum 24-inch box
size.
25. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior
to final map approval. Prior to issuance of a building permit, the D·eveloper shall provide the
Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the
following provisions:
a. General Enforcement by the city: The city shall have the right, but notthe obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which
the city has an interest.
b. Notice and Amendment: A copy of any proposed amendment shall be provided to the
city in advance. If the proposed amendment affects the city, the city shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to the city
within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements: In the event that
. the Association fails to maintain the "Common Area Lots and/or the Association's
Easements" as provided in Article ____ ~ Section _____ the city shall
have the right, but not the duty, to perform the necessary maintenance. If the city elects
to perform such maintenance, the city shall give written notice to the Association, with a
PC RESO NO. 7339 -14-August 20, 2019 Item #11 Page 98 of 160
d.
e.
f.
g.
h.
i.
copy thereof to the Owners in the Project, setting forth with particularity the
maintenance which the city finds to be required and requesting the same be carried out
by the Association within a period of thirty (30) days from the giving of such notice. In
the event that the Association fails to carry out such maintenance of the Common Area
Lots and/or Association's Easements within the period specified by the city's notice, the
city shall be entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
Special Assessments Levied by the city: In the event the city has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the city shall
submit a written invoice to the Association for all costs incurred by the city to perform
such maintenance of the Common Area Lots and or Association's Easements. The city
shall provide a copy of such invoice to each Owner in the Project, together with a
statement that if the Association fails to pay such invoice in full within the time specified,
the city will pursue collection against the Owners in the Project pursuant to the provisions
of this Section. Said invoice shall be due and payable by the Association within twenty
(20) days of receipt by the Association. If the Association shall fail to pay such invoice in
full within the period specified, payment shall be deemed delinquent and shall be subject
to a late charge in an amount equal to six percent (6%) of the amount of the invoice.
Thereafter the city may pursue collection from the Association by means of any remedies
available at law or in equity. Without limiting the generality of the foregoing, in addition
to all other rights and remedies available to the city, the city may levy a special assessment
against the Owners of each Lot in the Project for an equal pro rata share of the invoice,
plus the late charge. Such special assessment shall constitute a charge on the land and
shall be a continuing lien upon each Lot against which the special assessment is levied.
Each Owner in the Project hereby vests the city with the right and power to levy such
special assessment, to impose a lien upon their respective Lot and to bring all legal actions
and/or to pursue lien foreclosure procedures against any Owner and his/her respective
Lot for purposes of collecting such special assessment in accordance with the procedures
set forth in Article _____ of this Declaration.
Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ____ . Brush
management shall be performed once a year prior to fire season in accordance with the
City of Carlsbad landscape Manual.
Balconies. trellis, and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit ___ _
Aircraft Noise Disclosures: Disclosure shall be included that this property is subject to
overflight, sight, and sound of aircraft operating from McClellan-Palomar Airport.
Open Space Lots: The HOA open space lots within the development shall remain under
the ownership and responsibility of the HOA for the purposes of open space, landscape
and common recreation areas. Any encroachment or development for private benefit
onto said lots shall be prohibited, including but not limited to private: fences, walls,
decks, storage buildings, pools, spas, stairways, and landscaping, etc.
Landscape Restrictions: No plant species listed as problematic and/or invasive by the
California Invasive Plant Council (formerly the California Exotic Pest Plant Council} or
PC RESO NO. 7339 -15-August 20, 2019 Item #11 Page 99 of 160
State of California shall be employed or allowed to naturalize or persist on the site. No
plant species listed as a "noxious weed" by the State of California or federal government
shall be used in the property. No fire buffer impacts or vegetation thinning shall occur
within the preserved open space (conservation easement) areas.
j. Fire Restrictions: No exposed wood shall be allowed throughout the project, including
gates, fences, decks, etc. Residences shall be constructed with a Class-A type_roof, with
no vents installed along the westerly side. Residences shall include interior fire
sprinklers installed to the satisfaction of the Carlsbad Fire Department. Parking areas
and driveways shall be sited and designed to allow for adequate fire department access.
No fire buffer impacts or vegetation thinning shall occur within the preserved open
space (conservation easement) areas.
k. Lighting Restrictions: Project lighting in the back yards adjacent to the HMP Preserve
areas shall be of the minimum necessary for safety and security and shall be shielded
and directed to shine downward and not into the HMP Preserve.
26. Developer shall submit a street name list consistent with the city's street name policy subject to
the City Planner's approval prior to final map approval.
27. Prior to occupancy of the first dwelling unit, the Developer shall provide all required passive and
active recreational areas per the approved plans, including landscaping and recreational facilities.
28. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
29. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax orfee, and that the school
district is the taxing agency responsible for the financing mechanism. The form of notice is subject
to the approval of the City Planner and shall at least include a handout and a sign inside the sales
facility stating the fact of a potential pass-through of fees or taxes exists and where complete
information regarding those fees or taxes can be obtained.
30. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office at all times. All sales maps that are distributed or made available to
the public shall include but not be limited to trails, future and existing schools, parks, and streets.
31. Developer shall post a sign in the sales office in a prominent location that discloses which special
districts and school district provide service to the project. Said sign shall remain posted until ALL
of the units are sold.
32. Prior to the recordation of the first final tract map or the issuance of building permits, whichever
occurs first, the Developer shall prepare and record a Notice that this property is subject to
overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form
meeting the approval of the City Planner and the City Attorney (see Noise Form #2 on file in the
Planning Division).
PC RESO NO. 7339 -16-August 20, 2019 Item #11 Page 100 of 160
33. Developer shall post aircraft noise notification signs in all sales and/or rental offices associated
with the new development. The number and locations of said signs shall be approved by the City
Planner (see Noise Form #3 on file in the Planning Division).
34. Prior to the approval of a final map, the Developer shall pay to the city a Trail Plan Check fee and
inspection fee in accordance with the current city fee schedule.
35. Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication
to the City of Carlsbad for a trail easement for trail{s) shown on the Tentative Tract Map within
Open Space Lot 14. Prior to the issuance of any building permits, the trail shall be constructed as
a public trail for public use and accepted by the City of Carlsbad upon adoption of a Citywide Trails
Program that includes provisions for maintenance and liability. Otherwise, prior to issuance of
any building permits, the obligation for acceptance, construction, maintenance, and liability shall
be the responsibility of the Homeowner' s Association.
36. Developer shall provide the following note on the final map of the subdivision and final mylar of
this development submitted to the city:
A. "Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management
Control Point for each General Plan land use designation. Development cannot exceed
the Growth Control Point except as provided by Chapter 21.90. The land use designation
for this development is R-4 Residential, 0-4 dwelling units per non-constrained acre.
Lots 1-13 and 15-18, as shown on the Tentative Tract Map, were used to calculate the
intensity of development under the General Plan and Chapter 21.90. Subsequent
redevelopment or resubdivision of any one of these lots must also include Lots 1-13 and
15-18, as shown on the Tentative Tract Map, under the General Plan and Chapter 21.90
of the Carlsbad Municipal Code."
Parks and Recreation:
37. The public trail, including trail head amenities shall be constructed by the applicant and shall be
the maintenance responsibility of the Homeowner's Associations. This trail is part of the
Citywide Trail Network and shall be open to the public.
38. The applicant shall prepare and submit a trail plan for approval by the Parks and Recreation
Department prior to construction. Construction shall be inspected to ensure conformity with
the latest edition of the City of Carlsbad Engineering Standards, Trail Construction Standards
and the approved plans.
Engineering:
General
39. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the City Engineer for the
proposed haul route.
PC RESO NO. 7339 -17-August 20, 2019 Item #11 Page 101 of 160
40. This project is approved upon the express condition that building permits will not be issued for
the developr:nent 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.
41. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private streets, utilities,
sidewalks, landscaping, street lighting, raised median, enhanced paving, water quality treatment
measures, low impact development features, storm drain facilities, etc. located therein and to
distribute the costs of such maintenance in an equitable manner among the owners of the
properties within this subdivision. The CC&R's shall also address the annual verification of the
effective operation and maintenance of each structural treatment control BMP in accordance
with the BMP maintenance agreement and the SWQMP. The annual verification shall be
submitted to the enforcement official, in a format as approved by the city, prior to the start of
the rainy season. The CC&R's shall include a dedication to the Homeowner's Association an
easement for open space purposes as shown on the Tentative Tract Map.
42. Deve.loper shall prepare, submit and process for City Engineer approval a final map to subdivide
this project. There shall be one Final Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
43. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
44. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover,
etc.) and irrigation along the parkway frontage within the private street as shown on the
Tentative Tract Map.
Fees/ Agreements
45. Developer shall cause property owner to execute and submit to the City Engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
46. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
47. 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
· Maintenance Agreement.
48. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for
recordation, an Encroachment Agreement covering private retaining wall, enhanced pavement,
sewer, raised median, vehicular gate and gate facilities located over proposed public right-of-way
or easements as shown on the tentative map. Developer shall pay processing fees per the city's
latest fee schedule.
Grading
49. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
PC RESO NO. 7339 -18-August 20, 2019 Item #11 Page 102 of 160
technical studies/reports as required by City Engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
50. Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading of the
future residential buildings for this project subject to City Engineer approval.
51. This project requires off site grading. No grading for private improvements shall occur outside the
project unless developer obtains, records, and submits a recorded copy, to the City Engineer, a
temporary grading, construction or slope easement or agreement from the owners of the affected
properties. If developer is unable to obtain the temporary grading or slope easement, or
agreement, no grading permit will be issued. In that case developer must either apply for and
obtain an amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance and/or consistency
determination from both the City Engineer and City Planner.
52. Prior to approval of the grading plan, the applicant shall submit a Construction Plan to the City
Engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, bathroom facilities, parking
of construction vehicles, employee parking, construction fencing and gates, obtaining any
necessary permission for off-site encroachment, addressing pedestrian safety, and identifying
time restrictions for various construction activities. All material staging, construction trailers,
bathroom facilities_, etc. shall be located outside the public right-of-way unless otherwise
approved by the City Engineer or Construction Management & Inspection Engineering Manager.
Storm Water Quality
53. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
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
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
54. Developer shall complete and submit to the City Engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engine_ering Standards. Developer
shall also submit the appropriate Tier Level Storm Water Compliance form and appropriate Tier
Level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the City Engineer.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee
schedule.
55. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to City Engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the City Engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
PC RESO NO. 7339 -19-August 20, 2019 Item #11 Page 103 of 160
56. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedications/Improvements
57. Developer shall cause owner to submit to the City Engineer for recordation a covenant of
easement for private storm drain purposes as shown .on the tentative map. The offer shall be
made by a certificate on the final map or separate recorded document. Developer shall pay
processing fees per the city's latest fee schedule.
58. Developer shall cause owner to submit to the City Engineer a request for the release of the
existing covenant of easement for private drainage purposes created on map No. 16265.
59. Developer shall cause owner to make an Irrevocable Offer of Dedication to the city and/or other
appropriate entities for public trail easement purposes as shown on the tentative map. The offer
shall be made by a certificate on the final map or 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.
60. Developer shall cause owner to dedicate to the city and/or other appropriate entities easements
for sewer and for general utility and access purposes as shown on the tentative map. The offer
shall be made by certificate on the final map or separate recorded document. All land so offered
shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are
already public are not required to be rededicated. Additional easements may be .required at final
design to the satisfaction of the City Engineer.
61. Developer shall design the private streets, as shown on the tentative map to the satisfaction of
the City Engineer. The structural section of all private streets shall conform to City of Carlsbad
Standards based on R-value tests. All private streets shall be inspected by the city. Developer shall
pay the standard improvement plan check and inspection fees for private streets.
62. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the City Engineer. All private drainage systems {12" diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
63. Prior to any work in the city right-of-way or public easements, developer shall apply for and
obtain a right-of-way permit to the satisfaction of the City Engineer.
64. Developer shall prepare, and process public improvement plans, and prior to City Engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install
and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements
shown on the tentative map. Said improvements shall be installed to city standards to the
satisfaction of the City Engineer. These improvements include, but are not limited to:
A. Sewer main, manholes and laterals within the proposed private street extension ofTwain
Avenue.
B. Reconstruction of the sewer main, manholes and laterals within the public right-of-way
PC RESO NO. 7339 -20-August 20, 2019 Item #11 Page 104 of 160
of existing Twain Avenue.
C. Water main, fire hydrants, water services and meters within the proposed private street
extension of Twain Avenue.
D. Driveway approach, sidewalk and the reconstruction of the curb and gutter within the
public right-of-way of existing Twain Avenue.
E. D.G. trail and reconstruction of the existing trail within the proposed Irrevocable Offer of
Dedication for public trial purposes.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
Non-Mapping Notes
65. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
1) Sewer main, manholes and laterals within the proposed private street extension of
Twain Avenue.
2) Reconstruction of the sewer main, manhole_s and laterals within the public right-of-
way of existing Twain Avenue.
3) Water main, fire hydrants, water services and meters within the proposed private
street extension of Twain Avenue.
4) Driveway approach, sidewalk and the reconstruction of the curb and gutter within
the public right-of-way of existing Twain Avenue.
5) D.G. trail and reconstruction of the existing trail within the proposed Irrevocable Offer
of Dedication for public trial purposes.
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution: The owner of this property on behalf of itself and all of its
successors in interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any geological failure, ground water seepage or
land subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
PC RESO NO. 7339 -21-August 20, 2019 Item #11 Page 105 of 160
Utilities
encroach with.in the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
E. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the city approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the city approved dE:velopment plans.
F. There are no public park or recreational facilities to be located in whole or in part within
this subd ivision. The subdivider is therefore obligated t o pay park-in-lieu fees in
accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all
of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with
s.ection 20.16.070 of the Carlsbad Municipal Code.
66. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
67. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion
of the District or City Engineer, wider easements may be required for adequate maintenance,
access and/or joint utility purposes.
68. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
69. The developer shall agree to install sewer laterals and clean-outs at locations approved by the
City Engineer. The locations of sewer laterals shall be reflected on public improvement plans .
70. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the District Engineer
and City Engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
71. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the City Engineer.
PC RESO NO. 7339 -22-August 20, 2019 Item #11 Page 106 of 160
72. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the tentative map are for planning purposes only.
73. Developer shall pay park-in-lieu fees to the city, prior to the approval of the final map as required
by Chapter 20.44 of the Carlsbad Municipal Code.
74. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
75. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 8 as required by Carlsbad Municipal Code Section 21.90.050.
76. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
ofthe Carlsbad Municipal Code.
77. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
78. . Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060.
79. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable city ordinances in effect at time of building pe rmit issuance,
except as otherwise specifically provided herein.
80. 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.
81. New single-family residential developments containing one or more model home(s): A water
efficient landscaping brochure shall be available for each group of adults visiting the model home.
At a minimum, each brochure shall include information describing the water efficient features of
the model's landscaping; resources for additional information regarding water efficiency in
landscaping; contact information for the local water purveyor and Planning Division; and a reference
to the requirements of this landscape manual. A copy of the brochure shall be provided to the
Planning Division prior to the city authorizing temporary occupancy as a model home.
82. An educational sign shall be placed in the front yard of each model home so that it is visible and
readable from the roadway. The sign shall be white with black capital lettering at leasttwo inches
high and shall state "THIS MODEL HOME USES WATER EFFICIENT LANDSCAPING AND
IRRIGATION".
83. Developer acknowledges new forthcoming requirements related to the city's Climate Action Plan
(CAP) will likely impact development requirements of this project and may be different than what
is proposed on the project plans or in the project's CAP Checklist. Developer acknowledges new
CAP requirements are related to energy efficiency, photovoltaic, electric vehide charging, water
heating and traffic demand management requirements, as set forth in City Council Ordinance Nos.
CS-347, CS-348, CS-349 and CS-350 and City Council Resolution No. 2019-024, are available on the
city's website. CAP requirements may impact, but are not limited to, site design and local building
PC RESO NO. 7339 -23-August 20, 2019 Item #11 Page 107 of 160
(i) PLANNING COMMISSION
· Staff Report .
EXHIBIT 5
ltemNo.G)
Application complete date: NA
P.C. AGENDA OF: June 19, 2019 Project Planner: Jason Goff
Project Engineer: Tim Carroll
SUBJECT: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-
05 (DEV15043) -OCEAN VIEW POINT -Request for a recommendation of adoption of a
Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and
Addendum; a recommendation of approval for a General Plan Amendment, Zone Change,
and Local Coastal Program Amendment to change the land use on a 5.4-acre portion of a
21.9-acre property from R-1.5 Residential to R-4 Residential and to change the zoning
from One-Family Residential (R-1-30,000) to One-Family Residential (R-1); and a
recommendation of approval for a Tentative Tract Map, Planned Development Permit,
Coastal Development Permit, Hillside Development Permit and Habitat Management Plan
Permit for the subdivision and development of 18 lots (13 single-family residential, one
private street, and four open space) on a 2L9-acre previously subdivided property
generally located south of the terminus of Twain Avenue within the Mello II Segment of
the Local Coastal Program and Local Facilities Management Zone 8. The project is not
located within the appealable area of the California Coastal Commission.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7337 RECOMMENDING
ADOPTION of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and
Addendum; ADOPT Planning Commission Resolution No. 7338 RECOMMENDING APPROVAL of a General
Plan Amendment (GPA 15-02), Zone Change (ZC 15-03) and Local Coastal Program Amendment (LCPA 15-
05); and ADOPT Planning Commission Resolution No. 7339 RECOMMENDING APPROVAL of a Tentative
Tract Map (CT 15-07), Planned Development Permit (PUD 15-15), Coastal Development Permit (CDP 15-
53), Hillside Development Permit (HOP 15-03) and Habitat Management Permit (HMP 15-05), based on
the findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
Ocean View-Carlsbad, LLC has submitted an application to subdivide a 21.9-acre property at the southern
terminus of Twain Avenue, abutting the Spyglass Hills neighborhood. The Spyglass Hills neighborhood is
designated R-4 (Residential, 0-4 dwelling units per acre (du/ac)) under the General Plan and is zoned One-
Family Residential with a Qualified Development Overlay (R-1-Q). The existing single-family homes that
are a part of the Spyglass Hills residential subdivision are located directly adjacent to and north of the
project site. To the east, at a lower elevation from the project site, is Faraday Avenue and the Carlsbad
Research Center industrial office park. To the south of the project site, also at a lower elevation and across
Faraday Avenue, is The Crossings at Carlsbad community golf course. Immediately south and west of the
project site is city owned property (includes Veteran's Memorial Park) with a General Plan Land Use and
Zoning designation of Open Space (OS).
August 20, 2019 Item #11 Page 109 of 160
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The subject property is 21.9 acres in size and is the subject of a previously approved subdivision (CT 02-
06 -Kirgis Subdivision). This previous project has a recorded final map (Final Map No. 16265, April 27,
2018), subdividing the 21.9-acre property into seven (7) lots consisting offive (5) minimum 30,0QO-square-
foot single-family residential lots, one (1) private street lot, and one (1) open space preserve lot. No
grading or development of this site has occurred. The Ocean View Point project proposes to re-subdivide
this 21.9-acre property into 13 single-family residential lots (Lots 1-13), one (1) private street lot (Lot 16),
one (1) open space lot for water quality treatment (Lot 15), one (1) open space lot for community.
recreation (Lot 17), one (1) open space lot for community landscape (Lot 18), and one (1) 16.5-acre lot for
permanently preserved open space (Lot 14). The proposed residential lots vary in size from 10,353 square
feet to 19,660 square feet.
The property is currently undeveloped except for a 0.1-acre portion of the existing Twain Avenue cul-de-
sac bulb that presently extends into the property. The proposed Ocean View Point subdivision (CT 15-07)
is designed to substantially occupy the same development footprint as the Kirgis Subdivision (CT 02-06)
with the exception of the former project's developable area of 5.4-acres, which has been reduced in size
to accommodate the addition of a 20-foot upland habitat buffer between the proposed residential lots
and the open space preserve lot, and the relocation of 2,127 square feet of open space dedication from
one onsite location to another. The relocated area of open space is of greater habitat value than the area
originally defined by CT 02-06. Difficulties in finding adequate land within the Coastal Zone to mitigate
for the project's impacts to coastal sage scrub have caused the project processing to be delayed several
years.
The proposed subdivision requires a General Plan Amendment to change the property's residential land
use designation from R-1.5 (Residential, 0-1.5 du/ac) to R-4, a Zone Change from R-1-30,000 to R-1, and a
Local Coastal Program Amendment to make the Local Coastal Program (LCP) Land Use and Zoning maps
consistent with the proposed amendments to the city's General Plan Land Use and Zoning maps. In
addition, the project includes a Tentative Tract Map (CT) for the proposed subdivision of land, a Planned
Development Permit (PUD) for a private street (Twain Court) with gated entry, a Coastal Development
Permit (CDP) for grading and .~nfrastructure development within the Coastal Zone, a Hillside Development
Permit (HDP) for hillside grading, and a Habitat Management Permit (HMP) for habitat disturbances.
Table "A" below includes the General Plan designations, zoning and current land uses of the project site
and surrounding properties.
TABLE A-SITE AND SURROUNDING LAND USES ·
Location General Plan Designation Zoning Current Land Use
Vacant land with a recorded
R-1.5 Residential (0 -1.5 One-Family Residential w/ Final Map for seven (7) lots
Site du/acfand Open Space 30,000 square foot lot size (five (5) single-family
(OS) minimum (R-1-30,000) residential lots, one (1) private
and Open Space (OS) street lot, and one (1) open
space preserve lot.
R-4 Residential (O -4 One-Family Residential w/ Single-family Residential North du/ac) a Qualified Development (Spyglass Hills neighborhood) Overlay (R-1-Q)
South Open Space (OS) Open Space (OS) Open Space
East Planned Industrial (Pl) Heavy Commercial-Carlsbad Research Center
Limited Industrial (C-M) . Industrial Office Park
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Table "B" below includes the project site's gross and net acreage, the number of dwelling units allowed
by the General Plan's Growth Management Control Point (GMCP) density and the proposed project's
number of dwelling units and density.
TABLE B
Gross Acres Net Acres DUs Allowed at GMCP Density DUs Proposed and
{3.2 du/ac) Project Density
21.9 acres 4.8 acres 15 DUs 13 DUs
2.7 du/ac
Grading.for the subdivision is balanced with approximately 19,800 cubic yards of cut and 19,800 cubic
· yards of fill. · The grading impact footprint affects approximately 4.6 acres of the 21.9-acre site. The
volume of grading is considered acceptable at 4,333 cubic yards per acre. No import or export of materials
is required.
No single-family residential dwelling units are currently proposed with this subdivision. Individual homes
will require approval of a Coastal Development Permit.
In order to meet the City's lnclusionary Housing requirements, the project is conditioned to enter into an
affordable housing agreement to provide two (2) affordable housing units either on-site or through an
alternative method prior to a,pproval of the final map. ·
Ill. ANALYSIS
The propose·d project is subject to the following plans, ordinances, standards, and policies:
A. General Plan (Residential (R-4) and Open Space {OS));
B. One-Family Residential (R-1) Zone {CMC Chapter 21.10) and Planned Development Ordinance
(CMC Chapter 21.45);
C. Local Coastal Program (Mello II Segment);
D. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code {CMC));
E. Hillside Development Ordinance {CMC Chapter 21.95);
F. McClellan-Palomar Airport Land Use Compatibility Plan;
G. lnclusionary Housing Ordinance {CMC Chapter 21.85);
H. Habitat Management Plan; and
I. Growth Management-Zone 8 Local Facilities Management Plan
The recommendation for approval of this project was developed by analyzing the project's consistency
with the applicable regulations and policies. The project's compliance with each ofthe above regulations
is discussed in the following sections.
A. General Plan
Property History
Prior to 1986, the subject property had a General Plan Land Use designation of Low _Density Residential
(RL), which allowed for up to one (1) dwelling unit per acre without constraints. At the time, the property
had the potential to be developed with 22 dwelling units. The associated zoning (R-1-30,000) required a
minimum lot size of 30,000 square feet per lot, which it is assumed, was at the time intended to require
spreading development out over the entire 21.9 acres. August 20, 2019 Item #11 Page 111 of 160
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Post 1986, the adoption of the Growth Management Ordinance and CMC Section 21.53.230 (Residential
density calculations, residential development restrictions on open space and environmentally sensitive
lands) further restricted the density for the property to a net acreage by deducting constrained land from
the calculation. This effectively limited the development of this property to 13 dwelling units.
Then, prior to adoption of the City's Habitat Management Plan in late 2004, the Kirgis five (5) lot
residential subdivision was approved, which included a General Plan Amendment to re-designate 75
percent of the 21.9-acre RL designated property as Open Space (OS). The RL General Plan Land Use
designation was only retained for the remaining 25 percent (5.4 acres) of the property. The action of
de,:signating 75 percent of the property as OS was consistent with a draft "Standards Area" preservation
requirement of the Habitat Management Plan, which at that time was pending approval by the California
Coastal Commission .
Since the subdivision requested at the time was for only five (5) of the 13 dwelling units allocated to the
property, eight (8) excess dwelling units were deposited into the excess dwelling unit bank.
Project Proposal
· The proposed Ocean View Point project now includes a request to change the site's General Plan Land
Use designation from R-1.5 Residential to R-4 Residential. Both residential designations are intended to
allow for single-family residential development. The existing R-1.5 Residential allows for a density of up
to 1.5 dwelling units per net developable acre, while the R-4 Residential allows for a density of up to 4
dwelling units per net developable acre.
The requested R-4 Residential General Plan Land Use designation is the same as that overlying the
adjacent Spyglass Hills neighborhood. Development of the project as a single-family residential
subdivision is compatible with the adjacent Spyglass Hills single-family residential subdivision in that the
proposed lot sizes will be slightly larger than the average lot size in Spyglass Hills; the future homes to be
built on the proposed subdivided lots are expected, but not guaranteed, to be of the same or larger size
than the existing homes of the Spyglass Hills neighborhood; and the existing Spyglass Hills neighborhood
street system is. able to accommodate the 130 average daily trips (ADT) generated by the proposed 13-lot
subdivision (which is a net increase of 80 ADT over the approved 5-lot Kirgis Subdivision).
In addition to the above, the project complies with the various Elements of the General Plan as outlined
in Table "C" below:.
TABLE C-GENERAL PLAN COMPLIANCE
ELEMENT GOAL/POLICY . PROPOSED USES & IMPROVEMENTS COMPLY
Land Use & Goal 2-G.3: Promote infill The applicant is proposing to develop a Yes
Community development that makes vacant infill site with challenging
Design efficient use of limited land topography and a 75 percent habitat
supply, while ensuring preservation requirement. The
compatibility and .integration residential lots are clustered in the area
with existing uses. Ensure that that minimizes impacts on the habitat
infill properties develop with with limited impact on the adjacent
uses and development residential development.
intensities supporting a
cohesive development pattern.
August 20, 2019 Item #11 Page 112 of 160
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TABLE C -GENERAL PLAN COMPLIANCE
ELEMENT GOAL/POLICY PROPOSED USES & IMPROVEMENTS COMPLY
Land Use & Goal 2-G.5: Protect the The proposed lots, ranging in size from Yes
Community neighborhood atmosphere and 10,353 square feet to 19,660 square feet,
Design identity of existing residential are generally consistent with the
areas adjacent neighborhood, which range in
size from 8,000 square feet to 20,000
square feet.
Mobility Goal 3-G.1: Keep Carlsbad The project, while gated, completes an Yes
moving with livable streets that otherwise unimproved non-landscaped
provide a safe, balanced, cost-project frontage along an existing cul-de-
effective, multi-modal sac at the southern terminus of Twain
transportation system (vehicles, Avenue and will also dedicate and install
pedestrians, bikes, transit), a pedestrian connection .to the Citywide
accommodating the mobility Trail System, which includes access to the
needs of all community nearby Veteran's Memorial Park and the
members, including children, Crossings at Carlsbad community golf
the elderly and disabled . course. A private street with gated entry .. is considered to be acceptable in this
Goal 3-G.2: Improve case because of the surrounding habitat,
connectivity for residents, open space requirements and steep
visitors and businesses. topography make it difficult, if not
impossible to connect to Faraday Avenue
Goal 3-G.3: Provide inviting below. Landscaped parkways and street
streetscapes that encourage trees will line the existing unimproved
walking and promote livable portion of Twain Avenue as well as the
streets. new private street. The circulation
system has also been designed in
conformance with the Land Development
Engineering Division and Fire Department
design standards for public streets,
private streets and hillside conditions and
complies with all other applicable City of
Carlsbad design standards.
August 20, 2019 Item #11 Page 113 of 160
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TABLE C-GENERAL PLAN COMPLIANCE
ELEMENT GOAL/POLICY PROPOSED USES & IMPROVEMENTS COMPLY
Open Space & Goal 4-G.3: Protect The project site, which is identified as a Yes
Conserva.tion environmentally sensitive lands, "Standards Area" in the HMP, preserves
wildlife habitats, and rare, seventy-five percent of the gross project
threatened or endangered plant area as Open Space. A Biological
and animal communities. Technical Report (BTR) was-prepared for
the site and determined that there will be
Policy 4-P.9 : Maintain and impacts to 4.13 acres of coastal sage
implement the city's Habitat scrub {Habitat Group C) and 0.51 acres of
Management Plan (HMP); disturbed land (Habitat Group F).
including the requirement tt,at Impacts to Habitat Group C will be
all development projects mitigated at a 2:1 ratio and impacts to
comply with the HMP and Habitat Group F will be satisfied through
related documents. Require payment of an in-lieu fee. Final design of
assessments of biological the project was reached with extensive
resources prior to approval of -involvement and input by the Wildlife
any development on sites with Agencies. An HMP Consistency
sensitive habitat. Determination from the Wildlife Agencies
was received on March 15, 2019
acknowledging the project's consistency
with the HMP.
Policy 4-P.58: Require The project will adhere to the city's
developments to incorporate Master Drainage Plan, Grading
structural and non-structural Ordinance, Storm Water Ordinance, BMP
best management practices Design Manual and Jurisdictional Runoff
(BMPs) to mitigate or reduce Management Program (JRMP) to avoid
the projected increases in increased urban runoff, pollutants, and
pollutant loads. Do not allow soil erosion.
post-development runoff from
a site that would cause or
contribute to an exceedance of
receiving water quality
objectives or has not been <
reduced to the maximum
extent practicable.
August 20, 2019 Item #11 Page 114 of 160
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TABLE C-GENERAL PLAN COMPLIANCE
ELEMENT GOAL/POLICY PROPOSED USES & IMPROVEMENTS COMPLY
Open Space & Goal 4-G.8: Coordinate the The proposed project will complete Trail Yes
Conservation planning of park facilities and Connection 8D ofthe city's Trails Master
trails with other recreation-Plan, thereby connecting the existing
oriented land uses such as open Spyglass Hills neighborhood and the
space. proposed Ocean View Point development
with Veteran's Memorial Park and The
Goal 4-G.11: Utilize greenways Crossings at Carlsbad community golf
and trails to connect the city's course. This segment will be a "Type 2 -
open space network. Multi-Use Recreational Trail" that
accommodates a broad range of trail
Policy 4-P.43: Obtain an users. The project is conditioned to
irrevocable offer to dedicate or require an irrevocable offer of dedication
a permanent easement for for a public trail easement through
multi-use trails on privately private property.
owned property where feasible,
and where trails are proposed
as part of the Carlsbad trail
system.
Noise Goal 5-G.2: Ensure that new The project will not result in exposure of Yes
development is compatible with persons to or generation of noise levels
the noise environment, by in excess of standards established in the
continuing to use potential City's General Plan or Noise Guidelines
noise exposure as a criterion in Manual in that the proposed residential
land use planning. subdivision is located outside the 60
dB(A) CNEL noise contour as indicated in
the City of Carlsbad's General Plan Noise
Element and Noise Guidelines Manual
(Carlsbad Future Noise Exposure
Contours Map, forecast year 2035).
August 20, 2019 Item #11 Page 115 of 160
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TABLE C-GENERAL PLAN COMPLIANCE
ELEMENT GOAL/POLICY PROPOSED USES & IMPROVEMENTS COMPLY
Noise Policy 5-P.12: Use the noise The project site is located within Review Yes
policies in the McClellan-Area 1 of the Airport Land Use
Palomar Airport Land Use Compatibility Plan for the McClellan-
Compatibility Plan (ALUCP) to Palomar Airport (ALUCP), is within Safety
d·etermine acceptability of a Zone 6, is located outside of the 60-65
land use within the airport's CNEL noise contour, and is within the
influence area (AIA) as depicted Airport Overflight Notification Area . As
in the ALUCP . stated in the ALUCP Table 111-2 (Safety
Compatibility Criteria), residential
development is a compatible use without
limitations outside of the 60-65 CNEL
noise contours and in Safety Zone 6. The
requested land use change was also
determined to be consistent with the
ALUCP by the Airport Land Use
Commission staff on October 25, 2016.
Because the project is located within the
Airport Overflight Notification Area, the
project has been conditioned to record a
notice informing future residents that the
property is subject to overflight, sight and
sound of aircraft operating from the
airport.
Public Safety Policy 6-.P.30: Encourage The project site is located within a five-Yes
physical planning and minute response time of Fire Stations No.
community design practices 3 and 5 and has been conditioned to
that deter crime and promote comply with the fire code, including
safety. provisions for an automatic sprinkler
system within each future dwelling unit.
Additionally, a Conceptual Fire Protection
Plan has been prepared for the project to
demonstrate how it will conform to the
policies and requirements of the
Landscape Manual, particularly the Fire
Policies and Fire Protection
Requirements. The plan includes written
and graphic illustrations offire hydrant
locations, 60-foot wide fire fuel
modification zones covering both
manufactured slope areas and native
slope areas, emergency/maintenance .
access, and maintenance responsibility
.. and schedule of frequency .
August 20, 2019 Item #11 Page 116 of 160
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TABLE C-GENERAL PLAN COMPLIANCE
ELEMENT GOAL/POLICY PROPOSED USES & IMPROVEMENTS COMPLY
Housing Goal 10-G.3: Provide sufficient The project is conditioned to enter into Yes
new, affordable housing an affordable housing agreement for the
opportunities in all quadrants of provision of two (2) affordable housing
the city to meet the needs of units.
current lower and moderate
income households and those
with special needs, and a fair
share proportion of future
lower and moderate income
households.
8. One-Family Residential (R-1) Zone (CMC Chapter 21.10) and Planned Development Ordinance (CMC
Ch . 21.45)
One-Family Residential (R-1} Zoning
The minimum lot size requirement in the One-Family Residential (R-1) Zone is 7,500 square feet. Some R-
1 zoned properties include more restrictive lot size minimums, as is the case with this property. The R-1
designation for this property, which was established prior to 1986, includes a minimum lot size
requirement of 30,000 square feet.
The proposed Zone Change seeks to remove the minimum 30,000-square-foot lot size requirement. The
original purpose of the large minimum lot size was an acknowledgement of the difficulty of developing on
hillside topography and was a method of spreading out development over a larger area prior to the
adoption of the Growth Management Ordinance and CMC Section 21.53.230 in 1986.
The zone change is being requested to better reflect the purpose and goal of the Habitat Management
Plan, which limits development of this site to only 25 percent of the gross area and assumes .a
concentration of single-family development on smaller lots to fit within a smaller developable area. The
project can be developed with proposed residential lots varying in size from 10,353 square feet to 19,660
square feet (13,480 square feet average) through the Planned Development Ordinance (Chapter 21.45),
which allows the minimum lot sizes designated by the zone to be reduced to 5,000 square feet in most
cases and 3,500 square feet in limited cases.
Planned Development Ordinance
The project includes a private street with a vehicle access gate. Approval of private streets for single-
family residential developments in the R-1 Zone requires approval of a Planned Development Permit
(PUD). As stated previously, no dwelling units are proposed with this PUD. Therefore, compliance with
the Planned Development Regulations as it relates to this application is limited to those other applicable
Planned Development Regulations not related to unit plotting and architecture. The project complies with
all applicable requirements and development standards of the Planned Development Regulations as
demonstrated in Planned Development Compliance Tables C and D (see Attachments No. 5 ang No. 6).
Included is a requirement to provide 2,600 square feet of community recreational space in the form of
passive recreation facilities. A total of 4,898 square feet of passive community recreational space is being
provided on Lot 17. The location of the passive community recreational space on Lot 17 was selected so
August 20, 2019 Item #11 Page 117 of 160
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all residents within the development could enjoy the _ocean/sunset views to the west. Easy accessibility
from all residential lots to the community recreation area is provided via a concrete sidewalk and
landscaped parkway. The project's compliance with all applicable requirements of City Council Policy 66
-Livable Neighborhoods, made pursuant to Planned Development Table D, is also demonstrated in
Attachment No. 7.
C. Local Coastal Program and Coastal Resource Protection Overlay
The project site is located within the Mello II Segment of the Local Coastal Program, but is not within the
appealable jurisdiction of the California Coastal Commission. The site is also located within and subject
to the Coastal Resources Protection Overlay Zone . A six week notice of intent of a land use change in the
Coastal Zone was filed with the California Coastal Commission and ran from October 20, 2016 to
December 2, 2016. A Local Coastal Progra_m Amendment may be approved if it conforms with Coastal Act
policies and applicable policies of the Mello II Segment that are not being amended. The project's
compliance with each of the applicable Local Coastal Program policies, programs and ordinances ' is
discussed below:
1. Mello II Segment of the Certified Local Coastal Program and all applicable policies
The project is located in the Mello II Segment of the Local Coastal Program. The project site is
proposed to have a Local Coastal Program Land Use designation of Residential (R-4) and zoning of
One-Family Residential (R-1) consistent with the proposed General Plan Land Use desi~nation and
Zoning for the site. In addition, an amendment to the Local Coastal Program Land Use and Zoning
Maps is proposed to change a 2,127-square-foot ·area of open space dedication from one onsite
location to another. The relocated area of open space is of greater habitat value than the ·area
originally defined by CT 02-06 ..
One of the primary requirements of the applicable coastal regulations pertains to the conversion of
agricultural land to urban use. The property is not identified as an active "Map X -Designated Coastal
Agricultural Lands" site and therefore, is not required to be preserved nor is it subject to an
agricultural conversion mitigation fee. The project is further consistent with the policies of the Coastal
Act, in that a) the site is geologically stable; b) the project will adhere to the city's Master Drainage
Plan, Grading Ordinance, Storm Water Ordinance,· BMP Design Manual and Jurisdictional Runoff
Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion; c) the
project does not preclude any recreational opportunities or shoreline access as the property is not
located adjacent to any waterways or bodies of water; and d) the development does not obstruct
views of the coastline as seen from public lands or public rights-of-way.
2. Coastal Resource Protection Overlay Zone
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC
Chapter 21.203) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance,
Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP)
to avoid increased urban runoff, pollutants, and soil erosion. Limited development, less than ten
percent, is proposed on natural steep slopes (~25 percent gradient). Habitat impacted by the project
is being mitigated according to the mitigation standards of the Habitat Management Plan. In addition,
the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or
liquefaction.
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D. Subdivision Ordinance
Land Development Engineering has reviewed the proposed Tentative Tract Map and has concluded that
the subdivision, as conditioned, complies with all applicable requirements of the Subdivision Map Act and
the City's Subdivision Ordinance (Title 20). The project complies with all major subdivision design criteria
including provision of public access, required street frontage, and minimum lot area. The project is
consistent with and satisfies all requirements of the General Plan and Title 21. The project is conditioned
to install all infrastructure improvements concurrent with development. The developer will also be
required to install street and utility improvements for the proposed private street, including but not
limited to curbs, gutters, sidewalk, parkway, fire hydrants, street lights and sewer and drainage facilities.
General utility and access easements will be dedicated allowing for the construction of project drainage,
sewer:, and water facilities on the final map.
The proposal includes the use of gates and private streets. This application for a gated private street is
·supported by staff given the location of the lots at the end of a public cul-de-sac, and the inability to
provide through-access to Faraday Avenue due to topographic constraints and further restrictions caused
by the adjoining open space conservation lot.
No standards variances are needed to approve the project. Given the above, the proposed subdivision
would provide all necessary facilities and improvements without producing land conflicts; therefore, the
project is consistent with the Subdivision Ordinance.
E. Hillside Development Ordinance
A Hillside Development Permit is required for the subdivision because the property contains slopes of 15
percent and greater with elevation differentials greater than 15 feet. The purpose of this permit is to
. review the proposed development for conformance with the Hillside Development Regulations (CMC
Chapter 21.95). The development proposal is in conformance with the purpose and intent of this chapter
as well as the other provisions of the regulations.
Development of Natural Slopes Over Forty Percent Gradient
The hillside slope conditions have been properly identified on the project constraints map for the
subdivision. Approximately 4.61 acres, or 21 percent, of the total 21.9-acre property is comprised of
natural slopes having a slope gradient of 40 percent or greater. Except for a total of 0.02 acres, most of
these slope areas are located within the open space preserve Lot 14 and the 20-foot upland habitat buffer
that lies between the edge of project grading and the open space preserve. Under the Hillside
Development Regulations these types of natural slopes are generally protected. However, to be
considered undevelopable, the slope must contain all the following: 1) a slope gradient of greater than 40
percent, 2) an elevation differential of greater than 15 feet, 3) a minimum area of 10,000 square feet, and
4) comprise of a prominent land form feature. The combined total of the subject slope areas that are
located within the grading impact footprint consist of 0.02 ac res. None of the individual slope areas also
have an elevation differential of greater than 15 feet, a minimum area of 10,000 square feet, and comprise
a prominent land form feature. Therefore, these slope areas impacted by project grading do not qualify
as undevelopable under the Hillside Development Regulations and, therefore, can be graded to
accommodate the proposed residential subdivision and development.
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Volume of Grading
:rhe standards require that volumes of grading be minimized. The relative acceptability of hillside grading
volume falls into the following three categories: 1} Acceptable: 0 -7,999 cubic yards per acre (cu/ac}, 2}
Potentially Acceptable: 8,000 -10,000 cy/ac, and 3) Unacceptable: greater than 10,000 cy/ac. Grading
quantities for the project are balanced and result in an acceptable grading volume of 4,333 cy/ac.
Slope Height
Manufactured slopes may not exceed 40 feet in height, unless an exclusion is provided pursuant to CMC
Section 21.95.150, or a modification is granted pursuant to CMC Section 21.95.160. The project complies
with this standard in that none of the proposed manufactured slopes extend to or exceed 40 feet in height.
Contour Grading
The Hillside Development Regulations require that all manufactured slopes which are greater than 20 feet
in height and 200 feet in length and which are located adjacent to, or are substantially visible from, a
circulation element roadway, collector street, or useable public open space area shall be contour graded.
The project complies with this standard in that all the proposed manufactured slopes that are over 20 feet
in height and 200 feet in length are contour graded to follow the general outline of the slopes below.
Screening of Manufactured Slopes
The Hillside Development Regulations require that all manufactured slopes be landscaped in accordance
. with the City's Landscape Manual. Except for the perimeter slopes located within the 20-foot upland
habitat buffer adjacent to the open space preserve, which are to be planted with naturalizing species to
avoid the introduction of invasive plant species to adjacent natural areas, all manufactured slopes will be
landscaped in accordance with the City's Landscape Manual.
Roadway Design
The Hillside Development Regulations require that hillside roadway design be consistent with the City's
Hillside Development Guidelines. Accordingly, hillside roadways should follow the natural hillside
landform and avoid large notches in ridgelines, or by defining wide, straight alignments. For this project,
the point of ingress for the private street ending in a cul-de-sac is established by the previously approved
subdivision to the north at the terminus of Twain Avenue. The alignment was set to meet engineering
design standards and minimize disturbance of the natural areas to the maximum extent practicable.
Because of the unique character of the site, a short private street curving back on itself sharply to a cu I-
de-sac is proposed to reduce additional grading quantities that would otherwise be associated with a full
width public street right-of-way and to avoid the need for individual sewer pumps, which was a major
issue with the previously approved subdivision design.· In general, the proposed circulation system
exhibits a curvilinear street design which generally follows the natural topography, avoids large notches
in the ridgeline, and does not greatly alter the physical and/or visual character of the hillside.
Hillside Drainage
The Hillside Development Regulations, to the extent possible, encourage hillside developments to utilize
and enhance natural hillside drainage networks. All project drainage that is generated from the proposed
development pads and private street will be directed into open space Lot 15, which is a water quality
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which will utilize two existing drainage courses on the west side of the project. The outfalls of these
drainage pipes, including the headwall and rip-rap dissipators, are located entirely within the
development footprint and outside of the 20-foot wide upland habitat buffer. The development
infrastructure is designed and engineered such that there will be no net increase of drainage exiting the
site into these two existing drainage courses.
Additional Standards
Future residential development will be required to comply with the remaining standards of the Hillside
Development Regulations including hillside and hiHtop architecture and slope edge building setback
requirements. These items will be reviewed as part of the required Coastal Development Permits for
individual home construction.
F. McClellan-Palomar Airport Land Use Compatibility Plan
The project site is located within Review Area 1 of the Airport Land Use Compatibility Plan for the
McClellan-Palomar Airport (ALUCP), is within Safety Zone 6, is located outside of the 60-65 CNEL noise
contour, and is within the Airport Overflight Notification Area. As stated in the ALUCP Table 111-2 (Safety
Compatibility Criteria), residential development is a compatible use without limitations outside of the 60-
65 CNEL noise contours and in Safety Zone 6. The requested land use change was also determined to be
consistent with the ALUCP by the Airport Land Use Commission staff on October 25, 2016. Because the
project is located within the Airport Overflight Notification. Area, the project has been conditioned to
record a notice informing future residents that the property is subject to overflight, sight and sound of
aircraft operating from the airport.
G. lnclusionary Housing Ordinance
The proposed project involves the creation of 13 residential lots through a subdivision and must provide
affordable housing to lower-income households as specified in the lnclusionary Housing Ordinance {CMC
Chapter 21.85). For residential development of seven or more units, not less than fifteen percent of the
total units approved shall be constructed and restricted both as to occupancy and affordability to lower-
income households. This 13-unit project-is therefore responsible for providing two (2) inclusionary units.
Since no physical housing is proposed with the subdivision, the applicant has been conditioned to satisfy
the inclusionary housing requirement for lower-income households by entering into an Affordable
Housing Agreement to provide two (2) affordable housing units either on-site or through an alternative
method prior to approval of the final map. By entering into the agreement prior to final map approval,
the applicant is providing its fair share of housing affordable to lower income households and is consistent
with the lnclusionary Housing Ordinance.
H. Habitat Management Plan
The City of Carlsbad has an adopted Habitat Management Plan (HMP), which is a comprehensive, citywide,
program to identify how the city, in cooperation with the federal and state wildlife agencies, can preserve
the diversity of habitat and protect sensitive biological resources within the. city while allowihg for
additional development consistent with the City's General .Plan and its Growth Management Plan. In so
doing, the Plan is intended to lead to citywide permits and authorization for the incidental take of sensitive
species in conjunction with private development projects, public projects, and other activities, which are
found to be consistent with the Plan.
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The HMP identifies the subject property as a Standards Area (Zone 8) located within the Core 4 Focus
Planning Area (FPA). The property is also directly adjacent to an Existing Hard line Preserve Area along a
portion of its northern boundary, as well as along all of its southern and western boundaries. The HMP
Zone 8 Conservation Goals require that developments ensure a no net loss of wetland habitats and
minimize loss of sensitive upland habitats within the Core 4 FPA, especially occupied coastal sage scrub.
The Goals are also intended to conserve major and critical populations of HMP species habitats and
Na rrow Endemic species within the zone as well as continuity of sensitive upland habitats across the zone
from southeast to northwest. Protection of coastal sage scrub (CSS) in the Coastal Zone is of particular
importance in the Standards Areas, and therefore 67 percent of existing CSS is required to be conserved.
The HMP Zone 8 Planning Standards for-the subject property require that the development avoid impacts
to any identified Narrow Endemic plant populations. Impacts to CSS and southern maritime chaparral
habitats also shall be avoided, with impacts limited to smaller fragments, edges, lower quality areas, and
areas devoid of sensitive species. The subject property is allowed a maximum of 25 percent of the parcel
for development purposes and shall place development on the least environmentally sensitive portion of
the property. The HMP also identifies mitigation ratios for impacts to habitat types identified as sensitive,
and furthermore allows for impacts to disturbed lands (Group F Habitat) to be mitigated through the
payment of an in-lieu mitigation fee.
A Biological Resources Letter Report and Impact Analysis for the Ocean View Point project study area was
prepared by Dudek (January 29, 2019). The report identified direct impacts to 4.13 acres of CSS (Habitat
Group C) and 0.51 acres of disturbed land (Habitat Group F) onsite. Impacts to Habitat Group C will be
mitigated at a 2:1 ratio, including a 1:1 creation/substantial restoration component. These impacts will
be mitigated with 6.17 acres of onsite and offsite creation/substantial restoration of CSS habitat and 18.63
acres of offsite enhancement (resulting in 2.49 acres of enhancement credit). All mitigation will occu r
within the Coastal Zone onsite and offsite. Impacts to Habitat Group F will be satisfied through payment
of an in-lieu mitigation fee. More than 75 percent of the property is being preserved within the open
space preserve Lot 14 (16.54 acres), and the project will conserve 72.8 percent of the CSS and 100 percent
of the gnatcatchers onsite. There are no identified Narrow Endemic plant populations, oak woodland,
streams, ephemeral streams, or wetlands occurring onsite.
Final design of the project was reached with extensive involvement and input by the Wildlife Agencies.
Analysis of the project's consistency with the HMP, disclosure of the biological impacts (both direct and
indirect), and inclusion of mitigation measures to reduce the associated project impacts are fully discussed
and included within the Environmental Impact Assessment Form -Initial Study (EIA), Addendum (ADDM)
and Mitigation Monjtoring and Reporting Program (MMRP) attached to Planning Commission Resolution
No. 7337. The project mitigation provides for a no-net-loss of CSS in the Coastal Zone. The project is
conditioned to record a restrictive covenant over the open space preserve lot; select a conservation entity
to manage the open space preserve lot; prepare a property analysis record (PAR) to estimate the cost of
managing the open space preserve lot; provide a non-wasting endowment based on the PAR; and
preparation of a preserve management plan to ensure adequate management of the open space preserve
lot in perpetuity. Because the project site is located within a proposed Standards Area, concurrence from
the California Department of Fish and Wildlife (CDFW) and the United States Fish and Wildlife Service
(USFWS), collectively referred to as the Wildlife Agencies, is required. The final design of the project was
reached with extensive involvement and input by the Wildlife Agencies, and an HMP Consistency
Determination from the Wildlife Agencies was received on March 15, 2019 acknowledging the project's
consistency with the HMP.
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I. Growth Management Ordinance
The proposed project is located within Local Facilities Management Zone 8 in the Northwest Quadrant of
the city. The impacts on public facilities created by the project, and its compliance with the adopted
performance standards, are summarized in Table "D" below.
TABLED -GROWTH MANAGEMENT COMPLIANCE
STANDARD IMPACTS COMPLIANCE
City Administration 45.98 square feet Yes
Library 24.52 square feet Yes
Waste Water Treatment 13 EDUs (Equivalent Dwelling Units) Yes
Parks 0.09 acre Yes
Drainage 56 CFS (Cubic Feet Per Second) Yes
Circulation 130 ADT (Average Daily Trips) Yes
Fire Stations No. 3 and 5 Yes
Open Space 16.54 acres (preserved)/16,847 (HOA maintained) Yes
Schools Carlsbad (E=4.60/M=1.35/HS = 1.25) Yes
Sewer Collection System 13EDUs Yes
Water 7,150 GPD (Gallons Per Day) Yes
The project includes a request to withdraw and allocate eight (8) excess dwelling units, which were
previously deposited by the Kirgis Subdivision (CT 02-06). The property constraints analysis indicates that
there is a. total of 13.3 net developable acres within the 21.9-acre property, which would yield up to 13
dwelling units at the existing Zone's (R-1.5) Growth Management Control Point (GMCP) ofone (1) dwelling
unit per acre (du/ac). Furthermore, a constraints analysis covering only the 5.4-acre portion that is
proposed for development indicates that of those 5.4 acres, there are 4.8 net developable acres. Applying
the project's proposed General Plan Land Use designation of R-4 (O -4 du/ac, 3.2 du/ac GMCP) to the 4.8
net developable acres would allow for up to 15 dwelling units on the site. ·
The requested 13 dwelling units is below the R-1 yield of the proposed R-4 GMCP yield of 15.
IV. ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance
(Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to
determine if the project could have any potentially significant impacts on the environment. The
environmental impact assessment identified potentially significant impacts to both Biological Resources
and Cultural Resources. Mitigation measures have been incorporated into the design of the project and
the Mitigation Monitoring and Reporting Program (MMRP) such that all potentially significant impacts will
be ·mitigated to below a level of significance.
A comment letter was received from the San Luis Rey Band of Mission Indians dated March 29, 2016 in
response to the City's notification of the project pursuant to California Senate Bill (SB) 18 and Assembly
Bill (AB) 52. As a result of the comment letter received, mitigation measures for cultural resources have
been incorporated at the request of the San Luis Rey Band of Mission Indians.
A Notice of Intent to adopt a Mitigated Negative Declaration (MND) and MMRP was published in the
newspaper and filed with the State Clearinghouse (SCH#2016051007) for a 30-day public review period
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from May 3, 2016 to June 3, 2016 and extended to June 20, 2016. No comments from the public or state
agencies were received during the public review period.
An analysis of the project's consistency with the City's Habitat Management Plan (HMP) was prepared and
submitted for review to the Wildlife Agencies in letters dated July 28, 2016, September 10, 2018 and
February 12, 2019. An HMP Consistency Determination from the Wildlife Agencies was received on March
15, 2019 acknowledging the project's consistency with the HMP. Minor project design changes, as well
as minor revisions to the Biological Resources Mitigation Measures, were required for HMP consistency.
The main project design changes relating to the HMP consistency determination included a reduction in
the overall development impact footprint area to accommodate a 20-foot-wide upland habitat buffer
required to be located between the proposed open space conservation lot (Lot 14) and the toe of graded
slopes associated with the proposed residential lots. Additional mitigation was also added to fully address
the Coastal Zone'.s no-net-loss criteria relating to coastal sage scrub impacts. An addendum has been
prepared in accordance with Section 15164 of CEQA to address these minor changes. These changes have
no new significant environmental effects not otherwise analyzed in the previously circulated MND, and
none of the circumstances requiring recirculation or a subsequent Mitigated Negative Declaration under
CEQA Guidelines Section 15162 exist.
ATTACHMENTS:
1. Planning Commission Resolution No. 7337 (MND)
2. Planning Commission Resolution No. 7338 (GPA 15-02/ZC 15-03/LCPA 15-05)
3. Planning Commission Resolution No. 7339 (CT 15-07 /PUD 15-15/CDP 15-53/
HOP 15-03/HMP 15-05)
4. Location Map
, 5. Planned Development Compliance Table C
6. Planned Development Compliance Table D
7. City Council Policy 66 -Livable Neighborhoods Compliance Table
8. Disclosure Statement
9. Reduced Exhibits
10. Exhibits "A" -"M" dated June 19, 2019
August 20, 2019 Item #11 Page 124 of 160
NOT TO SCALE
SITE MAP
Ocean View Point
GPA 15-02 / ZC 15-03 I LCPA 15-05 I CT 15-07 I
PUD 15-15 / CDP 15-53 I HOP 15-03 I HMP 15-05
August 20, 2019 Item #11 Page 125 of 160
ATTACHMENT NO. 5
PLANNED DEVELOPMENTS (CMC SECTION 21.45.060)
TABLE C: GENERAL DEVELOPMENT STANDARDS
APPLICABLE'TO ALL PLANNED DEVELOPMENTS
REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO.
Per the underlying General Plan designation. When two or more general
C.1 Density plan land use designations exist within a planned development, the N/A density may be transferred from one general plan designation to another
with a general plan amendment.
All dwelling units adjacent to any arterial road shown on the Circulation
Element of the General Plan shall maintain the following minimum
setbacks from the right-of-way:
Prime Arterial 50 Feet
Major Arterial 40 Feet
Secondary Arterial 30 Feet
Carlsbad Boulevard 20 Feet
Half (50%) of the required arterial setback area located closest to the
Arterial arterial shall be fully landscaped to enhance the street scene and buffer
C.2 Setbacks homes from traffic on adjacent arterials, and: N/A
• Shall contain a minimum of one 24" box tree for every 30 lineal
feet of street frontage; and
• Shall be commonly owned and maintained
Project perimeter walls greater than 42 in.ches in height shall not be
located in the required landscaped portion of the arterial setback, except
noise attenuation walls that:
• Are required by a noise study, and
• Due to topography, are necessary to be placed within the required
landscaped portion of the arterial setback.
Permitted
Intrusions Permitted intrusions into required.building setbacks shall be the same as into N/A. No homes are currently C.3 Setbacks/ specified in Section 21.46.120 of this code. The same intrusions specified proposed.
Building in Section 21.46.120 shall be permitted into required building separation.
Separation
Minimum right-of-way width 56 feet Twain Court is a private street. A
56-foot right-of-way is provided. A
Minimum curb-to-curb width 34 feet 34-foot curb-to-curb width is also
provided.
Minimum parkway width 5.5 feet, including curb A 10-foot wide parkway is provided
(curb adjacent) (including curb) with a 5-foot wide
detached sidewalk on one side of
C.4 Streets Private the street adjacent to residential
lots. The sidewalk is setback 6-
5 feet (setback 6 inches from inches from property line. A 4-foot
Minimum sidewalk width property line) wide landscape planter is provided
between curb and sidewalk. On
the other side of the street, a 12-
foot wide parkway is provided, fully
landscaped.
August 20, 2019 Item #11 Page 126 of 160
ATTACHMENT NO. 5
REF. SUBJECT NO. DEVELOPMENT STANDARD COMPLIANCE COMMENT
Minimum right-of-way width 60 feet
Minimum curb-to-curb width 34 feet
Public Minimum parkway width 7.5 feet, including curb N/A (curb adjacent)
Minimum sidewalk width 5 feet (setback 6 inches from
property line)
A minimum of one (l) street tr~e
A minimum of one street tree per residential lot is planted within
One-family dwellings and (24-inch box) per lot is required the parkway along Twain Court per
C.4 Streets twin homes on small-lots to be planted in the parkway the conceptual landscape plan. The
Street along all streets. project is conditioned to provide
Trees 24-inch box size trees.
within Street trees shall be spaced no
parkways Condominium projects further apart than 30 feet on N/A
center within the parkway.
Tree species should be selected to create a unified image for
the street, provide an effective canopy, avoid sidewalk damage Complies
and minimize water consumption.
3 or fewer Minimum·.12 feet wide when the drive-aisle is not required for
emergency vehicle access, as determined by the Fire Chief. dwelling If the drive-aisle is required for emergency vehicle access, it units shall be a minimum of 20 feet wide.
4 or more
dwelling Minimum 20 feet wide.
units
No parking shall be permitted within the minimum required
width of a drive-aisle.
C.5 Drive-aisles A minimum 24-foot vehicl,e back-up/maneuvering area shall be N/A provided in front of garages, carports or uncovered parking
spaces (this may include driveway area, drive-aisles, and
All streets).
projects Additional width may be required for vehicle/emergency
vehicle maneuvering area.
Parkways and/or sidewalks may be required.
No more than 24 dwelling units shall be located along a single-
entry drive-aisle.
All drive-aisles shall be enhanced with decorative pavement.
August 20, 2019 Item #11 Page 127 of 160
ATTACHMENT NO. 5
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
Projects with 10 units or fewer A .30 space per each unit. A minimum of four (4) guest
Projects 11 units or more A .25 space per each unit. parking spaces are required.· Twain
Court is designed to accommodate
Number of on-street parking with enough area
Visitor to accommodate more than four
C.6 Parking When calculating the required number of visitor parking spaces, if the (4) guest parking spaces. In
Spaces calculation results in a fractional parking space, the required number of addition to on-street parking, the
Required 11! visitor parking spaces shall always be rounded up to the nearest whole future development of single-
number. family homes will also provide
adequate area for guests to park on
each lot.
On-street visitor parking is permitted on private/public streets, Twain Court is a private street
subject to the following: designed with a 34-foot curb-to-
• The private/public street is a minimum 34-feet wide (curb-curb width. On-street visitor
to-curb) parking is permitted. A minimum
• There are no restrictions that would prohibit on -street of four (4) visitor parking spaces
parking where the visitor parking is proposed are shown to satisfy the
• The visitor parking spaces may be located: requirement.
0 Along one or both sides of any private/public street(s)
located within the project boundary, and
0 Along the abutting side and portion of any existing On public/private street(s) that is contiguous to the project
Location of Private/ boundary
Visitor Public In parking bays along public/private streets within the project C.7 Streets Parking boundary, provided the parking bays are outside the minimum N/A
required street right-of-way width.
When visitor parking is provided as on-street parallel parking,
not less than 24 lineal feet per space, exclusive of
driveway/drive-aisle entrances and aprons, shall be provided '
for each parking space, except where parallel parking spaces Complies
are located immediately adjacent to driveway/drive-aisle
aprons, then 20 lineal feet may be provided.
Within the Beach Area Overlay Zone, on-street parking shall not N/A
I count toward meeting the visitor parking requirement.
On Drive-Visitor parking must be provided in parking bays that are N/A aisles located outside the required minimum drive-aisle width.
August 20, 2019 Item #11 Page 128 of 160
ATTACHMENT NO. 5
REF. SUBJECT NO. DEVELOPMENT STANDARD COMPLIANCE COMMENT
One required visitor parking space may be credited
Outside for each driveway in a project that has a depth of
40 feet or more. the Beach For projects with 10 or fewer units, all required Area N/A
Overlay visitor parking may be located within driveways
(located in front of a unit's garage), provided that Zone all dwelling units in the project have driveways with
a depth of 20 feet or more.
One required visitor parking space may be credited
for each driveway in a project that has a depth of
40 feet or more.
If the streets within and/or adjacent to the project
allow for on-street parking on both sides of the
street, then visitor parking may be located in a
driveway, subject to the following:
Within • All required visitor parking may be located Ona the Beach within driveways (located in front of a unit's Driveway Area garage), provided that all dwelling units in the N/A
Overlay project have driveways with a depth of 20 feet
Zone or more.
Location of • If less than 100% of the driveways in a project
C.7 Visitor have a depth of 20 feet or more, then a .25 Parking visitor parking space will be credited for each
driveway in a project that has a depth of 20 feet
or more (calcul·ations resulting in a fractional
parking space credit shall always be rounded
down to the nearest whole number).
The minimum driveway depth required for visitor
parking (20 feet or 40 feet) applies to driveways for
All front or side-loaded garages, and is measured from N/A projects the property line, back of sidewalk, or from the
edge of the drive-aisle, whichever is closest to the
structure.
For projects of more than 25 units, up to 25% of visitor parking
may be provided as compact spaces (8 feet by 15 feet). No
Compact overhang is permitted into any required setback area or over
sidewalks less than 6 feet wide. N/A Parking For all projects within the Beach Area Overlay Zone, up to 55%
of the visitor parking may be provided as compact spaces (8
feet by 15 feet).
Distance Visitor parking spaces must be located no more than 300 feet
from unit as measured_ in a logical walking path from the entrance of the N/A
unit it could be considered to serve.
Screening Open parking areas should be screened from adjacent residences and
C.8 of Parking public rights-of-way by either a view-obscuring wall, landscaped berm, or N/A
Areas landscaping, except parking located within a driveway.
August 20, 2019 Item #11 Page 129 of 160
ATTACHMENT NO. 5
REF. SUBJECT NO. DEVELOPMENT STANDARD COMPLIANCE COMMENT
Community recreational space shall be provided for all projects of 11 or
more dwelling units, as follows: I
Project is NOT within 2,600 square feet of community
Minimum community R-23 general plan 200 square feet per unit recreation space is required. 4,898
designation square feet is provided on Lot 17. recreational space Project IS within R-23 required general plan 150 square feet per unit N/A
designation
Projects with 11 to Community recreational space shall be provided as
25 dwelling units either (or both) passJve or active recreation Passive recreation is provided.
facilities.
Community recreational space shall be provided as
Projects with 26 or both passive and active recreational facilities with a N/A more dwelling units minimum of 75% of the area allocated for active
facilities.
Community recreational space shall be provided as
both passive and active recreational facilities for a
variety of age groups (a minimum of 75% of the
area allocated for active facilities).
For projects consisting of one-family dwellings or
Projects with 50 or twin homes on small-lots, at least 25% of the
Community more dwelling units community recreation space must be provided as N/A
C.9 Recreational pocket parks.
Space 111 • Pocket park l.ots must have a minimum width of
50 feet and be located at strategic locations
such as street intersections (especially "T-
intersections") and where open space vistas
may be achieved.
The location of the passive
community recreation space was
Community recreational space shall be located and selected so that all residents within
the development could enjoy the designed so as to be functional, usable, and easily ocean/sunset views to the west. accessible from the units it is intended to serve. The space is easily accessible from
all 13 lots via a concrete sidewalk
All projects and landscaped parkway.
(with 11 or more Credit for indoor recreation facilities shall not
dwelling units) exceed 25% of the required community recreation
area.
Required community recreation areas shall not be
located in any required front yard and may not N/A
include any streets, drive-aisles, driveways, parking
areas, storage areas, slopes of 5% or greater, or
walkways (exGept those walkways that are clearly
integral to the design of the recreation area).
August 20, 2019 Item #11 Page 130 of 160
ATTACHMENT NO. 5
REF. SUBJECT NO. DEVELOPMENT STANDARD COMPLIANCE COMMENT
In addition to required resident and visitor parking,
recreation area parking shall be provided, as
follows: 1 space for each 15 residential units, or
fraction thereof, for units located more than 1,000
Recreation Area feet from a community recreation area. N/A Parking The location of recr.eation area parking shall be
subject to the same location requirements as for
visitor parking, except that required recreation
area parking shall not be located within a
driveway(s).
Examples of recreation facilities include, but are not limited to, the following:
Community Swimming pool area
C.9 Recreational Children's playground equipment
Space 11l Spa
Courts (tennis, racquetball, volleyball, basketball)
Recreation rooms or buildings
Active Horseshoe pits
Pitch and putt
Grassy play areas with a slope of less than 5% (minimum area of 5,000 square feet and a
minimum dimension of 50 feet)
Any other facility deemed by the City Planner to satisfy the intent of providing active
recreational facilities
Benches
Passive Barbecues
Community gardens
Grassy play areas with a slope of less than 5%
C.10 Lighting Lighting adequate for pedestrian and vehicular safety shall be provided. Complies.
C.11 Reserved
Required for projects with 100 or more units, or a master or specific plan
with 100 or more planned development units. Exception: RV storage is
not requir~d for projects located within the R-15 or R-23 land use
designations.
20 square feet per unit, not to include area required for driveways and
approaches.
Developments located within master plans or residential specific plans
Recreational may have this requirement met by the common RV storage area provided
C.12 Vehicle (RV) by the master plan or residential specific plan. N/A
RV storage areas shall be designed to accommodate recreational vehicles Storage i1l of various sizes (i.e. motorhomes, campers, boats, personal watercraft,
etc.).
The storage of recreational vehicles shall be prohibited in the front yard
setback and on any public or private streets or any other area visible to the
public. A provision containing this restriction shall be. included in the
covenants, conditions and restrictions for the project. All RV storage areas
shall be screened from adjacent residences and public rights-of-way by a
view-obscuring wall and landscaping.
August 20, 2019 Item #11 Page 131 of 160
ATTACHMENT NO. 5
REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO.
480 cubic feet of separate storage space per unit.
If all storage for each unit is located in one area, the space may be reduced
to 392 cubic feet.
Required storage space shall be separately enclosed for each unit and be
conveniently accessible to the outdoors.
C.13 Storage Required storage space may be designed as an enlargement of a covered N/ A. No homes currently
Space parking structure provided it does not extend into the area of the required proposed.
parking stall, and does not impede the ability to utilize the parking stall (for
vehicle parking).
A garage (12'x20' one-car, 20'x20' two-car, or.larger) satisfies the required
storage space per unit.
This requirement is in addition to closets and other indoor storage areas.
(l) This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code).
August 20, 2019 Item #11 Page 132 of 160
ATTACHMENT 6
PLANNED DEVELOPMENTS (CMC SECTION 21.45.070)
TABLED: ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS
REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO.
Livable Must comply with city council Policy 66, Principles for the Development of D.1 Neighborhood SEE SEPARATE COMPLIANCE CHART ·
Policy Livable Neighborhoods.
D.2 Arch itectu ra I Must comply with city council Policy 44, Neighborhood Architectural N/A. No homes currently proposed. Requirements Design Guidelines.
One-family 5,000 square feet (one dwelling per lot) Lots range from 10,353 square feet to
dwellings 19,606 square feet.
Twin-homes 3,750 square feet (one dwelling per lot) N/A
3,500 square feet (one-family or twin-home -one
dwelling per lot) when either:
1. The project site contains sensitive biological
resources as identified in the Carlsbad habitat
· management plan; or
2. The site has a general plan designation of R-15 and
D.3 Minimum Lot unique circumstances such as one of the following
Area exists:
Exception a. The project is for lower income or senior citizen N/A
housing;
b. The site is located west of Interstate 5;
c. The dwelling units are designed with alley-
loaded garages; or
d. The site is either located contiguous to a
Circulation Element roadway or within 1200 feet
of a commuter rail/transit center, wmmercial
center or employment ·center.
1 story homes 60% of the net pad area
45% of the net pad area for all lots in a project, if the
minimum lot area in the project is 5,000 square feet or
Homes with 2 greater. N/A. No homes currently proposed. Maximum Lot or more stories 50% of the net pad area for all lots in a project, if the D.4 I
Coverage minimum lot area in the project is less than 5,000 square
feet.
Porches with no livable space above the porch, and porte-cocheres no more
than 20 feet in width and 6 feet in depth are exempt from lot coverage
requirements.
One-family dwellings on lots 50 feet (35 feet when a lot is located on ;:;:so feet (Lots 1-4, 6-13)1
equal to or greater than 5,000 a cul-de-sac, or the curved portion of a ;,;:35 feet (Lot 5)1
square feet sharply curved street/drive-aisle)
D.5 Minimum 40 feet (35 feet when a lot is located on a
Lot Width (ll One-family dwellings on lots cul-de-sac, or the curved portion of a , N/A less than 5,000 square feet sharply curved street/drive-aisle)
Twin-homes 35 feet N/A
Minimum
D.6 Street/Drive-Lots located on the curved portion of sharply curved streets/drive-aisles or >25 feet provided on all lots. Aisle · cul-de-sacs: 25 feet.
Frontage
Minimum Residential 10 feet N/A. No homes currently proposed. D.7 Setback structure
August 20, 2019 Item #11 Page 133 of 160
PLANNED DEVELOPMENTS {CMC SECTION 21.45.070)
TABLED: ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS
REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO.
from a
Private or Direct entry 20 feet N/A. No homes currently proposed. Public garage
Street!2l !3l
Residential 5 feet, fully landscaped (walkways providing access to
structure dwelling entryways may be located within required
landscaped area)
3 feet
Minimum Garage Garages facing directly onto a drive-aisle shall be
D.8 Setback equipped with an automatic garage door opener. N/A. No homes currently proposed. from a Projects of 25 0 feet (residential structure and garage)
Drive-Aisle!4J units or less
within the R-15 Garages facing directly onto a drive-aisle shall be and R-23
general plan equipped with an automatic-garage door opener.
designations
Each interior side yard setback shall be a
Residential minimum of 10% of the lot width;
structure provided that each side yard setback is
not less than 5 feet, and need not exceed
.-i 10 feet.
C Located on the front Same as required 0 :;::; half of the lot for residence. 0..
One-0 Located on the rear Need not exceed 5
family Garage halfofthe lot feet
Minimum dwellings Any living space above a garage shall
D.9 Interior Side observe the same interior side yard N/A. No homes currently proposed. Yard setback required for the residence.
Setback One interior side yard setback may be
N Residential reduced to O feet (zero lot line); provided C · 0 structure & the other side yard' setback is a minimum :;::;
0.. Garage of 20% of the lot width, and need not 0
exceed 20 feet.
One side yard -O feet (the side yard where the
dwellings ori each lot are attached).
Twin-homes
The other side yard setback shall be a minimum of 20%
of the lot width, and need not exceed 20 feet.
Minimum Residential 20% of lot width, provided the rear yard setback is not Rear Yard structure less than 10 feet, and need not exceed 20 feet. Setback
(where the 5 feet from rear property line
rear N/A. No homes currently proposed. D.10 Garage(located property
line does on the rear half Any living space above a garage shall observe the same not front on of the lot) rear yard setback required for."residence", above. a street or
drive-aisle)
August 20, 2019 Item #11 Page 134 of 160
PLANNED DEVELOPMENTS (CMC SECTION 21.45.070)
TABLED: ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS
REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO.
Maximum
Building Same as required by the underlying zone, and not to exceed three stories D.11 Height/ (5)(8) N/A. No homes currently proposed.
Number of
Stories
Minimum total area per unit 400 square feet (may consist of more
than one recreational space)
Minimum dimension of 15 feet recreational space
Required private recreational space shall be located at ground level and
designed so as to be functional, usable, and easily accessible from the
dwelling it is intended to serve, and shall not have a slope gradient greater
than 5%.
Required private recreational space shall not be located within front yard
setback areas, and may not include any driveways, parking areas, storage
Private areas, or walkways (except those walkways that are clearly integral to the
D.12 Recreational design of the recreation area). N/A. No homes currently proposed.
Space Open or lattice-top patio covers may be located within the required private
recreation space (provided the patio cover complies with all applicable
standards, including the required setbacks specified in Section 21.45.090).
Attached solid patio covers and decks/balconies may project into a required
private recreational space, subject to the following:
• The depth of the projection shall not exceed 6 feet (measured from the
wall of the dwelling that is contiguous to the patio/deck/balcony).
• The length of the projection shall not be, limited, except as required by
any setback or lot coverage standards.
• The patio cover/deck/balcony shall comply with all applicable standards,
including the required setbacks specified in Section 21.45.090.
2 spaces per a two-car garage (minimum 20 feet x 20 feet), or
D.13 Resident unit, N/A. No homes currently proposed. Parking provided as 2 separate one-car garages (minimum 12 feet x 20 feet
either:!5l each)
No more than 20% of the total project units may include garages with doors
for 3 or more cars-in-a-row that directly face the street, including garages
constructed as 3 one-car garages located adjacent to each other, or
Garages for constructe9 as a two-car garage separated from a one-car garage with all
D.14 3 or more garage doors directly parallel to the street. N/A. No homes currently proposed. cars-in-a-Garages that are recessed 20 feet or more back from the forward-most
row plane of the house shall not be subject to the 20% 3-car garage limitation
stated above.
Garages with doors for 3 or more cars in-a-row shall not be permitted on
lots less than 5,000 square feet in area.
D.15 Driveways Driveways for side-loaded garages must be enhanced with decorative N/A. No homes currently proposed. pavement to improve appearance.
!1l Lot width is measured 20' behind the front property line.
!2l See Table C in Section 21.45.060 for required setbacks from an arterial street.
!3l Building setbacks shall be measured from one of the following (whichever is closest to the building): a) property line; or
b} the outside edge of the required street right-of-way width.
August 20, 2019 Item #11 Page 135 of 160
(4)
(SJ
Building setbacks shall be measured from one of the following (whichever is closest to the building): a) property line; b)
the outside edge of the required drive-aisle width; c) the back of sidewalk; or d) the nearest side of a parking bay located
contiguous to a drive-aisle (excluding parking located in a driveway in front of a unit's garage).
If a project is located within the Beach Area Overlay Zone, building height shall be subject to the requirements of Chapter
21 .82 of this code.
(5l The required resident parking within the R-W zone shall be 2 spaces/unit, 1 of which must be covered. Any uncovered
required parking space in the R-W zone may be located within a required front yard setback and may be tandem.
(7l Garage location standards do not apply to projects where all garages are alley loaded.
(sJ Protrusions above the height limit shall be allowed pursuant to Section 21.46.020 of this code. Such protrusions include
protective barriers for balconies and roof decks.
August 20, 2019 Item #11 Page 136 of 160
1
2
3
4
ATTACHMENT 7
CITY COUNCIL POLICY 66-LIVABLE NEIGHBORHOODS
Principle
Building Facades, Front Entries, Porches
Facades create interest and character and should be varied and
articulated to provide visual interest to pedestrians. Clearly
identifiable front doors and porches enhance the street scene and
create opportunities for greater social interaction within the
neighborhood. Building entries and windows should face the
street. Front porches, bay windows, courtyards and balconies are
encouraged.
Garages
Homes should be designed to feature the residence as the
prominent part of the structure in relation to the street. A variety
of garage configurations should be used to improve the street
scene. This may include tandem garages, side-loaded garages,
front-loaded garages, alley-loaded garages and recessed garages.
Street Design
An interconnected, modified (grid) street pattern should be
incorporated into project designs when there are no topographic or
environmental constraints. Interconnected streets provide
pedestrians and automobiles many alternative routes to follow,
disperse traffic and reduce the volume of cars on any one street in
the neighborhood. Streets should be designed to provide both
vehicular and pedestrian connectivity by minimizing the use of cul-
de-sacs.
The street network should also b~ designed to create a safer,
more comfortable pedestrian and bicycling environment. Local
residential streets should have travel and parking lanes, be
sufficiently narrow to slow traffic, provide adequate access for
emergency and service vehicles and emergency evacuation routes
for residents and include parkways with trees to form a pleasing
canopy over the street. Local residential streets are the public
open space in which children often play and around which
neighborhoods interact. Within this context, vehicular movement
should be additionally inrluenced through the use of City-accepted
designs for traffic calming measures.
Parkways
Street trees should be planted in the parkways along all streets.
Tree species should be selected to create a unified image for the
street, provide an effective canopy, avoid sidewalk damage and
minimize water consumption.
Compliance Comments
N/A. No homes currently proposed.
N/A. No homes currently proposed.
The unique constraints of this small
infill site limit the project's ability to
provide an interconnected, modified
(grid) street pattern. However, the
street network design does provide for
a safe and comfortable pedestrian
environment by including sidewalks
separated by a landscaped parkway
with street trees. The proposed
private street (Twain Court) is designed
in accordance with city street
standards and provides adequate
travel and parking lanes.
Street trees are to be planted with-in
the parkway proposed along Twain
Court. Tree species have been chosen
to create a unified image for the street,
provide an effective canopy, avoid
sidewalk damage and minimize water
consumption.
August 20, 2019 Item #11 Page 137 of 160
City Council Policy 66 LIVABLE NEIGHBORHOODS (CONTINU ED
Principle Compliance Comments
5 Pedestrian Walkways Pedestrian sidewalks are currently
Pedestrian walkways should be located along or visible from all provided along the existing cul-de-sac
streets. Walkwa_ys (sidewalks or trails) should provide clear, bulb of Twain Avenue. The proposed
comfortable and direct access to neighborhood schools, subdivision will incorporate a 5-foot
parks/plazas and transit stops. Primary pedestrian routes should wide detached sidewalk along one side
be bordered by residential fronts, parks or plazas. Where street of the proposed private street
connections are not feasible (at the end of cul-de-sacs), pedestrian extending from the terminus of Twain
paths should also be provided. Avenue. Landscaping is being provided
along all portions of the project
frontage along the publi~ street and
the new private street. The new
sidewalk will connect future residents
with both a new public trail connection
accessed between the adjacent existing
subdivision and proposed Lot 13 as
well as a passive community recreation
area within the project (Lot 17).
6 Centralized Community Recreation Areas The project is required to provide
Park or plazas, which serve as neighborhood meeting places and 2,600 square feet of community
as recreational activity centers should be incorporated into all recreation space. The project is
planned unit developments. As frequently as possible, these providing 4,898 square feet in the form
parks/plazas should be designed for both active and passive uses of a passive recreation amenity
for residents of all ages and should be centrally located within the consisting of a landscaped park area
project. Parks and plazas should not be sited on residual parcels, with a bench overlook seating area.
used as buffers from surrounding developments or to separate The location of the community
buildings from streets. recreation space was selected so that
all residents within the development
could enjoy the ocean/sunset views to
the west. The space is easily accessible
from all 13 lots via a concrete sidewalk
and landscaped parkway.
August 20, 2019 Item #11 Page 138 of 160
------------:". ---------------
p--
(__ City of
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
,...
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
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, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. 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 publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.) '
Person G (A\J f Ay YI e,Jl_ Corp/Part -t I ------------
Title O l,O'h-e-r Title --------------
Address ·~o.13o~+:5l ,Glfroy,(I__A Address _________ _
2. OWNER (Not the owner's agent) q 5°();;)..j
P-1(A)
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 publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person 0{(ft..y l {¾ vreK Corp/Part
I I ·------------
Title O LO VJ e.{· Title _____________ _
Address "f O, J!>o)( 45 / Address -------------4 d r o y j 64 9'50Q/
Page 1 of 2 Revised 07/10 August 20, 2019 Item #11 Page 139 of 160
Planning Commission Minutes June 19, 2019
EXHIBIT 6
Page 5
Associate Planner Harker stated from the perspective of staff, the applicant is proposing to do as much
as can be done. She stated staff is not supportive of the removal of an existing parking stall and the
relocation of a.transformer that has very recently been installed at a significant cost.
Commissioner Merz stated he is impressed with the design and supports the project.
Commissioner Geidner stated she thinks the project is nicely designed and supports the project.
Commissioner Stine stated his concern was the potential impa_cts of people drinking. Those concerns
have been addressed and he supports the project.
Commissioner Meenes asked Associate Planner Harker to discuss the ingress/egress in the patio area
with the Fire Department.
Chair Luna stated the applicant has done a commendable job and supports the project.
MOTION:
ACTION: Motion by Commissioner Meenes and duly seconded by Commissioner Stine to Adopt
Planning Commission Resolution No. 7335 RECOMMENDING APPROVAL of a Minor Site
Development Plan and Conditional Use Permit, based upon the findings and subject to the
conditions contained therein.
VOTE: 5-1-1
AYES: Chair Luna, Commissioners Geidner, Meenes, Merz, and Stine
NOES: Commissioner Lafferty
ABSENT: Commissioner Anderson
Chair Luna closed the public hearing on Agenda Item 1.
Chair Luna opened the public hearing on Agenda Item 3.
3. GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05
(DEV15043)-OCEAN VIEW POINT-Request for a recommendation of adoption of a Mitigated
Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; a
recommendation of approval for a General Plan Amendment, Zone Change, and Local Coastal
Program Amendment to change the land use on a 5.4-acre portion of a 21.9-acre property
from R-1.5 Residential to R-4 Residential and to change the zoning from One-Family Residential
(R-1-30,000) to One-Family Residential (R-1); and a recommendation of approval for a
Tentative Tract Map, Planned Development Permit, Coastal Development Permit, Hillside
Development Permit and Habitat Management Plan Permit for the subdivision and
development of 18 lots (13 single-family residential, one private street, and four open space)
on a 21.9-acre previously subdivided property generally located south of the terminus ofTwain
Avenue within the Mello II Segment of the Local Coastal Program and Local Facilities
Management Zone 8. The project is not located within the appealable area of the California
Coastal Commission.
Principal Planner Delcamp introduced Agenda Item 3 and stated Senior Planner Goff would make the staff
presentation (on file in the Planning Division).
August 20, 2019 Item #11 Page 154 of 160
Planning Commission Minutes June 19, 2019
DISCLOSURES:
Commissioner Stine stated he drove by the site.
Commissioner Lafferty stated she walked the site on the park side and drove by.
Commissioner Merz stated he drove by the site.
Commissioner Meenes stated he drove by the site.
Page6
Commissioner Geidner stated she has driven by the site a few times and walked from the park side.
Chair Luna stated she drove by the site.
Senior Planner Goff gave the staff presentation.
Chair Luna asked if there have been any letters received on the project.
Senior Planner Goff stated there have not been any letters received recently.
Commissioner Meenes asked for additional information on the affordable aspect of the project.
Senior Planner Goff stated this phase of the project is only subdividing land and there has not been a
developer identified. He stated the affordable unit may be on site or the applicant may choose to
purchase credits that would go towards an affordable housing project off site. He stated the affordable
aspect is not fully known as of yet.
Commissioner Stine asked how this project compares to the previous project that was approved in
relation to fire protection.
Senior Planner Goff stated both projects would be required to provide a 60-foot fire suppression zone and
both meet that requirement.
Principal Planner Delcamp added the proposed project envelope is a little further away from the open
space. She stated there are additional conditions of approval within the CC&Rs that address fire
protection. She stated the footprint of the homes are unknown at this point but once that is determined
detailed plans will be reviewed by Fire Prevention.
Commissioner Meenes asked if the applicant would construct the trail.
Senior Planner Goff stated yes, the applicant would construct the trail.
Commissioner Geidner asked if fire mitigation is currently conditioned to be part of the CC&Rs. ·
Senior Planner Goff stated no, it is not currently conditioned however the current landscape plans do
mention annual brush removal.
Commissioner Geidner asked for additional information on what mitigation, related to CEQA, occurred
for the proposed project.
August 20, 2019 Item #11 Page 155 of 160
Planning Commission Minutes June 19, 2019 Page 7
Senior Planner Goff stated this project has a 2-to-1 impact mitigation requirement and a no net loss of
native vegetation requirement. He stated there are three locations in the city that the applicant will be
securing to fulfill the requirements. He stated the applicant will be putting up an endowment for the
management of the open space identified.
Commissioner Lafferty asked if there will be park access from the trail the applicant will be constructing.
Senior-Planner Goff stated yes, the constructed trail will connect to Veterans Memorial Park.
Chair Luna asked if there were additional questions of staff. Seeing none, she asked if the applicant would
like to make a presentation.
Bill Hofman, Hofman Planning and Engineering, Carlsbad Ca, made the presentation and stated he would
be available to answer questions.
Gail Hynek property owner, Gilroy Ca, thanked staff for the work they have done over the years on the
project.
Jim Whalen, Mission Valley Ca, made a presentation on behalf of the applicant and stated he would be
available to answer questions.
Commissioner Geidner asked if there was any feedback from the story poles.
Mr. Whalen stated yes, there was feedback from the neighbors and they were unable to come to a
consensus.
Commissioner Lafferty stated the project could build up to 15 lots and they are proposing 13. She asked
why they chose the lower amount.
Mr. Whalen stated that 13 allows for a better design.
Commissioner Merz asked what the cost of the mitigation of habitat will be to the applicant.
Mr. Whalen stated it is high. He stated he is unsure of the exact figure.
Commissioner Geidner asked if the trail will be maintained by the applicant once it is built.
Mr. Whalen stated yes, it will be included as a condition in the CC&Rs.
Chair Luna asked if the trail the applicant is building will become part of the trails master plan once
completed.
Senior Planner Goff stated yes, it is part of the trail master plan.
Chair Luna asked if there were additional questions for the applicant. Seeing none, she asked if there were
any members of the public who wished to speak on the project. Principal Planner Delcamp stated she had
three speakers who would like to speak on the project.
PUBLIC COMMENTS
August 20, 2019 Item #11 Page 156 of 160
Planning Commission Minutes June 19, 2019 Page 9
Senior Planner Goff stated Rl is 30 feet.
Commissioner Stine stated he feels the applicant is trying to be extremely conscientious about the project
in relation to the existing neighborhood. He stated he understands the concerns of the neighbors. He
stated there is not a view protection ordinance in the City of Carlsbad. He stated the new project seems
to be very compatible with what is on Twain Avenue now. He stated he is concerned about fire protection
and he feels this project does increase the fire protection in comparison to the previously approved
project. He stated overall, he can support the project.
Commissioner Geidner stated she would like to add a condition that states the HOA is responsible each
year for brush management.
Senior Planner Goff stated he would add language to the resolution that would cover brush management
performance annually, prior to the start of fire season.
MOTION:
ACTION: Motion by Commissioner Merz and duly seconded by Commissioner Stine to Adopt Planning
Commission Resolution No. 7337, 7338, and 7339 RECOMMENDING APPROVAL of a
Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and
Addendum; a recommendation of approval for a General Plan Amendment, Zone Change,
and Local Coastal Program Amendment, based upon the findings and subject to the
conditions contained therein as revised to require annual brush management performance
prior to the start of fire season.
VOTE: 6-0-1
AYES: Chair Luna, Commissioners Geidner, Meenes, Merz, Lafferty and Stine
NOES: None
ABSENT: Commissioner Anderson
Chair Luna closed the public hearing on Agenda Item 3.
PLANNING COMMISSION REPORTS:
Commissioner Stine thanked staff for arranging tours of the desalination plant and the power plant.
Commissioner Lafferty stated she provided a news article highlighting inclusionary housing and would like
the city to consider talking about a higher in lieu fee.
CITY PLANNER REPORTS:
Principal Planner Delcamp stated the July 3, 2019 Planning Commission meeting will be cancelled. The
next meeting will be held on July 17, 2019. She stated the appeal for Romeria Point Apartments was heard
August 20, 2019 Item #11 Page 158 of 160
EXHIBIT 7
To: Chairwoman, Carlsbad City Planning Commission
Re: Planning Commission Meeting of 19 June 2019 in re Ocean View
Project
From: John J. Culley, Ph.D.
Sofia L. Culley, LPC
Dear Madam Chairwoman,
We are the original owners of the one story home at 2093 Twain Ave., lot 37,
located at the end of the cul-de-sac on the south end of Twain. Ours is the
only one story home on the cul-de-sac. For reasons which we will explain,
since we first learned of the new scope of the Ocean View Development
several years ago we have been very concerned about the impact on our
property and thus on the quality of our lives.
We were overseas at the time of this meeting, and we did not receive the
notice of the meeting until the day of our departure and thus we were unable
to state our position in writing to the Planning Commission. However, upon
out return we viewed the video of the meeting online and even though the
Commission has made its decision we feel compelled to state our case.
Had we known that Council members were going to visit our cul-de-sac, we
would have been happy to invite them to our home so that they could gain
first hand knowledge of the unique topography involved by viewing our
back garden (both from inside the house as well from outside in the garden),
and to see the story pole to which Mr: Whalen referred. This would have
given the Commission members a first hand knowledge of our situation.
Even now, this is an open invitation.
Lacking this we will state our position as concisely as possible. Our issue is
privacy .. The construction of a new house on Ocean View lot 1 behind and
above our lot37 will destroy our privacy. How so? In a word--topography.
Shea Construction, to form a flat building pad, excavated the side of a hill
resulting in our lot 37. To our north, lot 36 is approximately the same
elevation as ours, but its rear property line abuts a deep ravine. The rear
property line of our lot is at the crest of a hill. The building pad elevation of
lot 38 to the south ofus at the very end of the cul-de-sac (with a two-story
home) is some five feet higher than ours.
Moreover, the floor plan of our one-story home is oriented toward the rear
of the house rather than to the front of the house. The master bedroom, the
August 20, 2019 Item #11 Page 159 of 160
family room, the informal dining area, and the kitchen are all located against
the back wall of the house. And notably, this entire back wall is composed
of large glass windows and glass doors. When one looks out of any of these
windows one sees a sunken garden-a shallow flat area terminating at sharp
upward rise reaching at least 18 feet high and ending at the crest of a hill.
Here, at this point, we find our rear property line and the location of Ocean
View lot # 1. Thus a two-story Ocean View house on lot I will loom over our
back garden and look into the windows of some of our most private and
important living areas. We will lose our privacy and the sense of ease,
comfort and security one cherishes in a home.
Turning to another matter, when the Ocean View project was resurrected the
City Planning Committee brought to our attention an unusual problem with
our rear property line as delineated by our open iron fence. Lot 3 8 has the
same problem. For whatever reason, Shea Construction built our open iron
fence and the impressive concrete block fence on lot 38 on land that Shea
did not own. For our lot 37 the amount ofland improperly enclosed is 335
square feet, and for lot 38 the amount of land improperly enclosed is 1,858
feet. In his presentation Mr. Whalen noted that Ocean View project was
giving the owners of lot 37 and 38 additional land, although he did not
specify how much land. He implied that this was an unselfish and generous
act that should make us happy. Not so. In fact the mistake made by Shea
Construction was a problem for the development project that had to be
resolved. As in earlier ages, accurate land surveys are still important.
There is another important point we wish to make. We bought this house
before construction began and we exercised the opportunity to include many
of the upgrades offered by Shea and other upgrades offered by outside
contractors including extensive landscaping and hardscaping. This added
some $300,000 to the cost of the house bringing the fmal cost to one million.
This is a considerable capital investment. We believe that the plan to build
on lot 1, by destroying the sense of privacy that is one of the key assets of .
this house, will diminish the monetary value of our property and thus destroy
much of our capital investment.
Finally, in viewing the Commission meeting on-line we were dismayed and
disappointed in the lack of interest and concern given to the impact this
project will have on the existing neighborhood of tax-paying Carlsbad
citizens.
With Best Regards, fO«</<': ~ tw !/2 +L ~
c c_ -, ch.(?J._1. v---~~'f--..w1'\_ > C t-+j G, tJnct \
7cwt5Y\ .. 6 o-{--f August 20, 2019 Item #11 Page 160 of 160
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, August 20, 2019, to consider approving a Mitigated Negative
Declaration, Mitigation Monitoring and Reporting Program and Addendum; a General Plan Amendment,
Zone Change, and Local Coastal Program Amendment to change the land use on a 5.4-acre portion of a
21.9-acre property from R-1.5 Residential to R-4 Residential and to change the zoning from One-Family
Residential (R-1-30,000) to One-Family Residential (R-1); and a Tentative Tract Map, Planned
Development Permit, Coastal Development Permit, Hillside Development Permit and Habitat
Management Plan Permit for the subdivision and development of 18 lots (13 single-family residential, one
private street, and four open space) on a 21.9-acre previously subdivided property generally located south
of the terminus of Twain Avenue within the Mello II Segment of the Local Coastal Program and Local
Facilities Management Zone 8, and more particularly described as:
Lots 1 through 7, inclusive, of City of Carlsbad Tract No. CT 02-06, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 16265, filed in the Office of the County Recorder of San
Diego County on April 27, 2018
Whereas, on June 19, 2019 the City of Carlsbad Planning Commission voted 6-0-1 to recommend adoption
of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; a
recommendation of approval for a General Plan Amendment, Zone Change, and Local Coastal Program
Amendment to change the land use on a 5.4-acre portion of a 21.9-acre property from R-1.5 Residential
to R-4 Residential and to change the zoning from One-Family Residential (R-1-30,000) to One-Family
Residential (R-1); and a recommendation of approval for a Tentative Tract Map, Planned Development
Permit, Coastal Development Permit, Hillside Development Permit and Habitat Management Plan Permit
for the subdivision and development of 18 lots (13 single-family residential, one private street, and four
open space) on a 21.9-acre previously subdivided property generally located south of the terminus of
Twain Avenue within the Mello II Segment of the Local Coastal Program and Local Facilities Management
Zone 8. The project is not located within the appealable area of the California Coastal Commission.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies
of the staff report will be available on and after August 15, 2019. If you have any questions, please contact
Jason Goff in the Planning Division at (760) 602-4643 or Jason.Goff@carlsbadca.gov.
If you challenge the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and
Addendum, General Plan Amendment, Zone Change, Local Coastal Program Amendment, Tentative Tract
Map, Planned Development Permit, Coastal Development Permit, Hillside Development Permit and
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:
CASE NAME:
PUBLISH:
GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-
05 (DEV15043)
OCEAN VIEW POINT
Friday, August 9, 2019
CITY OF CARLSBAD
CITY COUNCIL
NOT TO SCALE
SITE MAP
Ocean View Point
GPA 15-02 I ZC 15-03 / LCPA 15-05 / CT 15-07 I
PUD 15-15 / CDP 15-53 / HOP 15-03 / HMP 15-05
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEARING: -~~\_-;rD_\_\ #\ _________ _
SUBJECT: ()C.etlV1 _\/i-€W p 0.\vt,t"-
LOCATION: two cans\M.J vt I l ~ t:,y I cans~ , Cf't 4woe,
DATE NOTICES MAILED TO PROPERTY OWNERS: __ 0_)0_\_l_~------
NUMBER MAILED: _5_3 ____ _
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
SENT TO FOR PUBLICATION VIA E-MAIL TO: ~
(Date)
Union Tribune
PUBLICATION DATE:
0 Coast News
Union Tribune __ S_\,___0_"\-+-\ \_~---------
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.
~re)
Attachments: 1) Mailing Labels
2) Notice w/ attachments
OCCUPANT
2105 TWAIN AVE
CARLSBAD CA 92008
OCCUPANT
2093 TWAIN AVE
CARLSBAD CA 92008
OCCUPANT
2094 TWAIN AVE
CARLSBAD CA 92008
OCCOP}',NT
VAC",NT /MI SCELL,",NEOO.S
C~RLSBAD C~ 92008
OCCUPANT
1530 FARADAY AVE
STE 140
CARLSBAD CA 92008
-15 PRINTED -
OCCUPANT
2101 TWAIN AVE
CARLSBAD CA 92008
OCCUPANT
2089 TWAIN AVE
CARLSBAD CA 92008
OCCOP,",NT
W\C,",NT /MI 8CELL,",NE008
C~RL.SB~D CA 92008
OCCOP,",NT
VAC\NT /RESIDENT L",L
C~RL8BAD CA 92008
OCCUPANT
1600 FARADAY AVE
CARLSBAD CA 92008
OCCUPANT
2097 TWAIN AVE
CARLSBAD CA 92008
OCCUPANT
2090 TWAIN AVE
CARLSBAD CA 92008
OCCOP,",NT
VAC,",NT /MI SCELL,",NEOOS
CARLSB~D C~ 92008
OCCUPANT
1530 FARADAY AVE
STE 100
CARLSBAD CA 92008
OCCUPANT
PUBLIC AGENCY
CARLSBAD CA 92008
<k?A \'502-100 ~'--.
oleM v,ec.J ?c>,."'\-
'Se. r 2. <> o '2.
~d..; ,~ 5) u/'U),c,
LEONARD WILLIAM D TRUST
2133 TWAIN AVE
CARLSBAD CA 92008
BORSETH MAX AND ELLEN
2121 TWAIN AVE
CARLSBAD CA 92008
VANVELZER CRAIG AND BOWEN
2109 TWAIN AVE
CARLSBAD CA 92008
SHALI RASTGO AND REYZAN
2097 TWAIN AVE
CARLSBAD CA 92008
ARAM FAMILY TRUST
2090 TWAIN AVE
CARLSBAD CA 92008
OLIVE-AUSTRIA TRUST
2102 TWAIN AVE
CARLSBAD CA 92008
SUTTON FAMILY REVOC LIVING
TRUST
2114 TWAIN AVE
CARLSBAD CA 92008
RAJ DILIPSINH SAND
YOGITABEN D
5229 CLEMENS CT
CARLSBAD CA 92008
YENUG EDWARDS
5217 CLEMENS CT
CARLSBAD CA 92008
STEIGER RALPH N
PO BOX 2167
WEST COVINA CA 91793
CHEN FAMILY TRUST
2129 TWAIN AVE
CARLSBAD CA 92008
BLOEM CONNIE LIVING TRUST
2117 TWAIN AVE
CARLSBAD CA 92008
DRUES MICHAEL
2105 TWAIN AVE
CARLSBAD CA 92008
CULLEY MARYS L
2093 TWAIN AVE
CARLSBAD CA 92008
VU AN BINH
3864 WENDI CT
FALLBROOK CA 92028
GERMANO ROBERT L
2106 TWAIN AVE
CARLSBAD CA 92008•
LEE FAMILY TRUST
2118 TWAIN AVE
CARLSBAD CA 92008
MCFARLAND SAND M TRUST
5225 CLEMENS CT
CARLSBAD CA 92008
QUEJADA JAIME AND HEATHER
2679 PSC 473
FPO AP 9634 9
VROOM FAMILY TRUST
5147 DELANEY CT
CARLSBAD CA 92008
Se.\-\ 0 c.. '2.
CRUZ TIMOTHY G AND
KATHERINE E
2125 TWAIN AVE
CARLSBAD CA 92008
MUNDY CAROLYN REVOC TRUST
2113 TWAIN AVE
CARLSBAD CA 92008
FORSYTHE FAMILY TRUST
2101 TWAIN AVE
CARLSBAD CA 92008
AMPM LLC
2089 TWAIN AVE
CARLSBAD CA 92008
KEEFER PATRICIA S
2098 TWAIN AVE
CARLSBAD CA 92008
MCCANN CHRISTOPHER WAND
DANA M
2110 TWAIN AVE
CARLSBAD CA 92008
MESKIMEN RYAN LAND JOHNNA L
2122 TWAIN AVE
CARLSBAD CA 92008
WEBER ROBERT J
5221 CLEMENS CT
CARLSBAD CA 92008
MEYER BRADFORD LIVING TRUST
PO BOX 100164
FORT WORTH TX 76185
MACEY TODD E AND AMANDA L
5143 DELANEY CT
CARLSBAD CA 92008
HERON BAY AND SPYGLASS
HOMEO
10721 TREENA ST
STE 200
SAN DIEGO CA 92131
THDC LLC 50%
1530 FARADAY AVE
STE 100
CARLSBAD CA 92008
CW HQ CARLSBAD LLC
1545 FARADAY AVE
CARLSBAD CA 92008
SHEN JINKUN
HILLS
14055 CAMINITO PACIFICA TRL
SAN DIEGO CA 92130
-4 2 PRINTED -
* DUPLICATE OWNERS REMOVED
PACIFIC VIEW APAR'l'MENTS
CARLSBAD
PO BOX 2450
NEWPORT BEACH CA 92658
EMERALD LAKE CORP CENTRE
1525 FARADAY AVE
STE 100
CARLSBAD CA 92008
BLACKMORE SIGNAL HILL
PO BOX 424
RANCHO SANTA FE CA 92067
SHEA HOMES LTD PARTNERSHIP
10721 TREENA ST
STE 200
SAN DIEGO CA 92131
boo ~l-.
OCEAN VIEW-CARLSBAD
PO BOX 451
GILROY CA 95021
NATURAL ALTERNATIVES
INTERNATION
1535 FARADAY AVE
CARLSBAD CA 92008
CR C PROJECT ONE 1%
1000 PIONEER WAY
EL CAJON CA 92020
CITY OF C'rRLSR'\D
PUBLIC AGENCY
CARLSB~D CA 92008
LLC
Mia De Marzo
From:
Sent:
To:
Subject:
Regarding Agenda Item
Manager Internet Email
Monday, August 19, 2019 9:46 AM
City Clerk
FW: Ocean View Point
From: Dan Weis
Sent: Sunday, August 18, 2019 5:09 PM
All Receive -Agenda Item I# JL
For the lnform.ition of the:
n. f,'1J.;OUNCIL
Date~CA:l_cc.f_
CM _j_ COO ..:i:_ DCM (3) _£
To: Matthew Hall <Matt.Hall@carlsbadca.gov>; Priya Bhat-Patel <Priya.Bhat-Patel@CarlsbadCA.gov>; Keith Blackburn
<Keith.Blackburn@carlsbadca.gov>; Cori Schumacher <Cori.Schumacher@CarlsbadCA.gov>; Barbara Hamilton
<Barbara.Hamilton@CarlsbadCA.gov>
Cc: Jason Goff <Jason.Goff@carlsbadca.gov>; Manager Internet Email <Manager@CarlsbadCA.gov>
Subject: Ocean View Point
August 18, 2019
Carlsbad City Council
1200 Carlsbad Village Drive
Carlsbad, CA 91977
Re: Proposed Ocean View Point Development
Dear Carlsbad City Council:
This letter serves as documentation of the support of the Board of Directors of the Carlsbad Shorepointe
Homeowners Association (HOA) for the restoration and permanent management of the open space on our
property (County of San Diego Assessor's Parcel Number 215-07-422) by the Ocean View Point project
proponent. The restoration and management work will be subject to several conditions, including but not limited
to a final vote by our Board and execution of a mutually acceptable operational agreement between the HOA
and Ocean View Carlsbad project proponent. While the HOA cannot comment on other aspects of the proposed
development project, including but not limited to consistency with CEQA and other regulations, growth
management, zoning, etc., the Board pledges that it will work in good faith to cooperate in the successful
restoration and management of our property by the Ocean View Point project proponent. We also appreciate
that the project proponent reached out to its local neighbors to seek opportunities for environmental mitigation
options rather than seeking a more passive route such as paying fees to a mitigation bank.
If you have any questions, please contact me at 760-672-6338.
Sincerely,
Dan Weis
President
Carlsbad Shorepointe HOA
San •Diega
~~.' . ._ HABITAT
.. CONSERVANCY
August 16, 2019
Mayor Matt Hall
Carlsbad City Council Office
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Subject: Support of Ocean View Project
Dear Mayor Hall;
p-e~v-e& Gvl c,~ roun0 t L
~-e""tlV\DJ e> 1 FU 1, tt
f-€, : ~ -\---e VY\ -:11 \ \
The San Diego Habitat Conservancy is in support of the Ocean View Point Project. As
part of mitigation for the project, it is planned that the project would restore and revegetate
0.89-acre of disturbed habitat to coastal sage scrub habitat within the Emerald Point
Preserve that is managed San Diego Habitat Conservancy. The disturbed area to be
revegetated is currently dominated with mustard and non-native grasses that serve as a
weed seed source affecting the neighboring sensitive native habitats, including coastal
sage scrub and southern mixed chaparral. The coastal sage scrub is home to onsite
sensitive species including the federally endangered and state threatened San Diego
thornmint (Acanthamintha ilicifolia) and the federally threatened California gnatcatcher
(Polopti/a californica). Besides the restoration of the 0.89-acre area currently dominated
by invasive species to native habitat, the Ocean View Point Project would fund long-term
management of the restored area in perpetuity so that the created habitat will be
maintained and improved over time.
It is for these reasons that the San Diego Habitat Conservancy supports the Ocean View
Pointe Project.
Sincerely,
:Ln fa~-·--,,, (,.,~t-
Don Scoles
Executive Director
3065 Rosecrans Place. Suite I 06. San Diego. CA 92110
e-mail-SDHC(as<lhabitat.org • Phone (619) 365-4839 • Fax (619) 810-0552
James Whalen
From:
Sent:
James Whalen
Monday, August 19, 2019 1 :42 PM
f}-ece,,iv~i C(,, e,;41" Co4Y\e.tl
~ti~ ~)~IL~
re ::twnri ·, \
To:
Cc:
Gayl Hynek ; Bill Hofman
Tyler Martin
Subject: FW: Ocean View Point City Council Hearing
From: Dan Weis
Sent: Sunday, August 18, 2019 5:09 PM
To: 'matt.hall@carlsbadca.gov'; 'priya.bhat-patel@carlsbadca.gov'; 'keith.blackburn@carlsbadca.gov';
'cori.schumacher@carlsbadca.gov'; 'barbara.hamilton@carlsbadca.gov'
Cc: Jason. Goff@CarlsbadCA.gov; 'manager@carlsbadca.gov'
Subject: Ocean View Point
August 18, 2019
Carlsbad City Council
1200 Carlsbad Village Drive
Carlsbad, CA 91977
Re: Proposed Ocean View Point Development
Dear Carlsbad City Council:
This letter serves as documentation of the support of the Board of Directors of the Carlsbad Shorepointe
Homeowners Association (HOA) for the restoration and permanent management of the open space on our
property (County of San Diego Assessor's Parcel Number 215-07-422) by the Ocean View Point project
proponent. The restoration and management work will be subject to several conditions, including but not limited
to a final vote by our Board and execution of a mutually acceptable operational agreement between the HOA
and Ocean View Carlsbad project proponent. While the HOA cannot comment on other aspects of the proposed
development project, including but not limited to consistency with CEQA and other regulations, growth
management, zoning, etc., the Board pledges that it will work in good faith to cooperate in the successful
restoration and management of our property by the Ocean View Point project proponent. We also appreciate
that the project proponent reached out to its local neighbors to seek opportunities for environmental mitigation
options rather than seeking a more passive route such as paying fees to a mitigation bank.
If you have any questions, please contact me at 760-672-6338.
Sincerely,
Dan Weis
President
Carlsbad Shorepointe HOA
Ocean View Point -Community Outreach Timeline 2/18/2010 Replaced damaged fencing at Mehran Aram's request. Held conference call with Mehran to obtain permission to add extra fencing next to his property. 6/1/2011 Sent letter to Mehran Aram regarding recent site visit with the City and Arams' fruit trees that are violating the City's easement on the 8-foot trail. 11/16/2011 Offer to grant boundary adjust made to Culley and Dhawan (neighbors), which legalizes their parcels use of OVP land. 1/2/2013 After receiving many inquiries, began to assemble "friends list," includes prospective buyers and supporters. 9/24/2013 Sent introduction letter to Alexandra and Mehran Aram: "Hynek Property Plans -A Neighborhood Conversation", proposing a neighborhood conversation between clients and neighborhood on the Hynek plans. All Receive_ Agenda Item# J.1 1 Oil 0/2013 Conference call with Alexandra A ram regarding property plans. For the Information of the: CITY COUNCIL 10/17/2013 Meeting with Alexandra and Mehran At>am regarding planning process. Date 8/gs,2_ CA.J,,,:::'Cc__::-10/20/2013 Community Outreach Meeting at 2090 Twain A venue (Aram Residence.) Aram presented opposition letter and signatures fro~~q.~~M (3).:::: J 0122/2013 Follow-up letter sent to Alexandra and Mehran Aram: "Follow-up on Proposed Hynek Development on Twain Court." 11/5/2013 Carlsbad City Council Public Hearing held (public notified in October) on General Plan. 11/25/2013 Dear Neighbor letter (notification of Dec. 7 meeting): updating neighbors on new developments, notifying them of Outreach Meeting scheduled for 12/7. 12/7/2013 Community Outreach Meeting at Carlsbad Library (Hosted by Hynek). 12/12/2013 Dear Neighbor letter: answering several questions brotight up by neighbors during Outreach Meeting on 12/7. 10/30/2015 Sent Dear Neighbor letter: "Twain A venue Development Update and Meeting Invite." 1 Ill 212015 Community Information Meeting at Faraday Center (hosted by City) 12/1/2015 Proposed boundary adjustments to benefit Culley and. Dhawan residences; adjacent to project. 4/1/2016 Multiple attempts to contact Culley & Dhawan for the proposed boundary adjustment and provide application package for signature. 5/9/2016 Dear Neighbor letter: "Oceanview Point Carlsbad Project": update on progress, addressing trespassing issues. 5/13/2016 Re-sent returned neighbor letters as "Resident." 5/17/2016 Sent email to "Friend" regarding trailhead access to share with public. 5/23/2016 Prepared Summary of Contacts and Attempted Contacts with Ocean View Point Neighbors (Culley and Dhawan) Reference Proposed Boundary Adjustment. 7/25/2016 Hired locksmith to reinforce locks on the property after replacing locks multiple times over several months. 8/1712016 Sent letter to Dhawan presenting the benefits of a boundary line adjustment. 12/21/2016 Conference call with Mehran Aram. 4/6/2017 Hired Landmark Consulting to prepare visual simulations to demonstrate Aram's offer to protect view. Mehran receives simulations and requests more detail and a demonstration. 4/7/2017 Jim provides detailed response by email and offers a meeting to go over the simulations over the phone. 5/20/2017 · Mehran notifies Jiin there is a suspicious man on the property at 11 :00pm. Jim promptly called Mehran in the morning to ensure the lock was intact. 7118/2017 Met with Mehran and Alexandra Aram for a lunch meeting to verbally offer a view easement, a site visit followed. 7/25/2017 Mehran and Alexandra Aram are presented with a letter offering view protection by way of view easement. 7/27/2017 Emailed to clarify the offer is in the spirit of protecting the Aram's household southern views by adding a landscaping height restriction -a private view that the City of Carlsbad does not protect. Jim establishes August 15th as the expiration of offer and keeps communication open. 7/31/2017 Emailed to clarify the offer and remind Arams they will receive an additional foot of elevation on the view easement if they act timely. 8/2/2017 Hired Landmark Consulting to prepare lot overlay exhibit and 30 visual simulations to graphically explain the value of the view easement. 8/8/2017 Emailed to Arams easement graphics, 30 visual simulations, lot overlay exhibit and premium view exhibit with accompanying offer descriptions to explain our offer. 8/11/2017 No response from Aram's was received from 8/8 email. Overnighted a Final Attempt to Contact Letter, no response. 8/14/2017 Sent the Final Attempt to Contact letter by email. Invited Arams to reestablish communication by calling our office before the expiration of our offer on August 15th at 5:00pm. Aram's responded that they had retained counsel that represents a group of neighbors and end communication other than through attorney. 8/15/2017 Offer of view easement was not accepted by Arams. 9/7/2017 Reinstalled broken access gate again. 10/17/2017 Meeting with all neighbors and Everett Delano. 1/19/2018 Email to Everett Delano
1/16/2018 Meeting with Mehran Aram, John and Sophia Culley and Everett Delano. 1/17/2018 Letter of Understanding on Ocean View Point sent to Mehran Ararn 1/23/2018 Emailed updated offer to Mehran and Alexandra Aram. 1/30/2018 Site visit with project engineer Rebecca Ferguson (Landmark Consulting), Mehran and Alexandra A ram, John and Sophia Culley, Rastgo Shali, Everett Delano. 2/6/2018 Site visit with project surveyors and engineers to install story poles and depict fuel modification zones which restrict, and buildings be constructed within them. 2/7/2018 Everett Delano emails requesting more story poles to be installed. We promptly call our engineers and surveyors and have them install more poles the same day. 2/8/2018 Site visit to present story poles, drone pictures at various elevations, drone video footage and engineering 3 D software to demonstrate the potential future homes. 2/15/2018 Everett Delano emails a list of demands that are greater than have ever been asked historically. 6/19/19 Alexandria Aram, Mehran Aram and Rastgo Shali publicly opposed the project during the Planning Commission hearing. 7/25/19 John and Sophia Culley sent a letter of opposition to the Planning Commission, City Council and Senior Planner Jason Goff. 8/14/19 Meeting held with Mehran Aram, John and Sophia Culley and Rastgo Shali to attempt to address their concerns included in their opposition testimony during Planning Commission and gauge the neighbors interest in re-negotiating an agreement.
GPA 15-02 / ZC 15-03 / LCPA 15-05 /
CT 15-07 / PUD 15-15 / CDP 15-53 /
HDP 15-03 / HMP 15-05 (DEV15043)
Ocean View Point
1
Location Map
21.9 acres
5.4 acres
2
3
1
2 3
4
5
7
6
4
14
5
Required Permits
•General Plan Amendment (GPA 15-02)
•Zone Change (ZC 15-03)
•Local Coastal Program Amendment (LCPA 15-05)
6
Required Permits
•Tentative Tract Map (CT 15-07)
•Planned Development Permit (PUD 15-15)
•Coastal Development Permit (CDP 15-53)
•Hillside Development Permit (HDP 15-03)
•Habitat Management Permit (HMP 15-05)
7
14
Kirgis Subdivision
Boundary
8
14
Ocean View Point
Boundary
9
14
Ocean View Point
10
14
Ocean View Point
11
General Plan
Amendment
Existing
Proposed
Existing: R-1.5
Proposed: R-4
12
Zone Change
Existing
Proposed
Existing: R-1-30,000
Proposed: R-1
13
LCP Land Use
Amendment
Existing
Proposed
Existing: R-1.5
Proposed: R-4
14
LCP Zone
Change
Existing: R-1-30,000
Proposed: R-1
Existing
Proposed15
Project Consistency
•General Plan
•Zoning Ordinance
•Local Coastal Program
•Subdivision Ordinance
•McClellan-Palomar ALUCP
•Growth Management
•CEQA
16
Planning Commission Action
•Recommended approval (6-0-1) on June 19, 2019
•Three members of the public spoke in favor
•Three members of the public spoke in opposition
•Loss of view and privacy was the main focus of
concern from those opposed
Recommendation
INTRODUCE an Ordinance APPROVING Zone Change ZC 15-03 and
Local Coastal Program Amendment LCPA 15-05; and
APPROVE a Resolution ADOPTING a Mitigated Negative
Declaration, Mitigation Monitoring and Reporting Program, and
Addendum; and APPROVING General Plan Amendment GPA 15-
02, Local Coastal Program Amendment LCPA 15-05, Tentative Tract
Map CT 15-07, Planned Development Permit PUD 15-15, Coastal
Development Permit CDP 15-53, Hillside Development Permit HDP
15-03 and Habitat Management Plan Permit HMP 15-05.
18
19
Lot Area: 10,900 SF
Pad Area: 6,718 SF
+14.5ft.
20
-13.3 ft.
-8.8 ft.
Lot Area: 10,353 SF
Pad Area: 7,773 SF
14
21
22
Fire Protection Plan
23
Google Maps
24
Ocean View Point
Twain Ave, Carlsbad CA
Project Features
21.9-acre property;
Thirteen single-family home sites from 10,353 SF to 19,376 SF;
Residences to be designed and built in the future;
Previously approved 5-lot estate plan;
Sensitive biological resources –fully mitigated;
Innovative alternative compliance stormwater treatment;
Average lot size is 13,470 SF (for comparison, Kelly Ranch average lot size is 9,790 SF)
./ 21.9-acre property;
./ Thi teen single-family home sites from 10,353 SF to 19,376 SF;
./ Residences to be designed and built in the future;
./ Previously approved 5-lot estate plan;
./ Sensitive biological resources -fully mitigated;
./ Innovative alternative compliance stormwater treatment;
./ Average lot size is 13,470 SF (for comparison, Kelly Ranch average lot size is 9,790 SF)
Vicinity
Located at the southern terminus of Twain Avenue
Located at the
southern terminus of
Twain Avenue
Project Team
Gayl Hynek
Property Owner/Applicant
B J. Whalen Associates, Inc.
Balancing The Needs of The Environment With Those of Business.
r"' Hofman
,,, ,,, Planning and Engineering
L NDMARK
CONSULTING
Planning • Engineering • Surveying
Previously Approved, Recorded Map
•Average lot size of 41,900 SF
is over four times the size of
Spyglass Hills homesites;
•First map was approved for 5
luxury estate homes;
•Planning Commission stated
the design looked: “as if
there were five hotels on the
ridgeline.”
LOT 7 CITY OF CARLSBAD
CVR,£ DATA
C/ D£LTA RADIUS LENGTH
Cl ao-s.00·21· R .. J].50 I JS.J5'
C2 ..,_.4"2J'50" R•Jl.50 2.88'
CJ 6-IIW'J2" R•94.50 , 18.J2'
C4 ,.._28'50'.l3" R•94 . .50 47.57'
c, A-16-ZB'JB" R•JO.so ur
a; ba-4V6'45" R .. m.oo 12.2r
Cl ,l,o,ff"l,n 2" R•50..GO J6.J4'
03 4"-«'~1/'J.1" R•50.CO J9.15'
C9 a-86'.JO'a!i" ft .. !-0.00 75.49'
CIO d-lJ'SJ'~• R•S0.00 12.12'
CU 6-ll!Ms'.O" Rs 205.00 41.74'
N15'25'.50"£
L01' 7
16.54J AC.
OPEN SP.AC£ [,.SCl,/£NT CRAHTtD HCREC<N
UN£ DATA
1./ BEARING Oi5TANC£
U N8$"4.fOO"W 20.«'
l2 SJ1~7'5"8"W 25.67' -w s2~•59•w 2-u,·
U NB.fU8'52"1V &72'
L5 586'.51'21''£ 24.78'
l6 N7tJ'J6'21't 40.14'
l7 N87'22'J2"E 2J.92'
l8 SJ9"J2'54"W 22.16'
l9 so.5~1'08'W 5.07'
EASEMENT LEGEND•
& ~~ ~ ~D ~~ OF [ASEJIOO
&
& ~~~~STRmN/OPUBUCVTl/OCS
& = ~rO: :C:~ r:=: a-Frf.o~rro P£H WNJCl>M. COD£ SKOON 20.04. 140.
170-18 -fM-Hl'ND<-SHT 04 -9/5/17
5££ SHffT 5
TRACT NO. CT 02-06
MAP NO. \{o~{oS
SHEET 4 OF 6 SHEETS
OP£N SPAC£ £A5£.M(MT
GRI.HTCD /£R£0H
SCALE': 1"'-40'
40' 80' 120'
SCA.I..£, J• •<JO'
CT 02-06 / APN 212-010-03 / CAUF0RNIA COORDINATE INDEX 1995-6241
Proposed Project
CITY OF CARLSBAD TRACT CT-15-07
TEJ\"TA TIVE MAP FOR
OCEA VIE POI T
GPA-15-02, ZC-15-03, LCPA-15-05, PUD-15-15, HDP-15-03, H P-15-05,
... ,,, ..
-,c,-•s'C
N ~,--x-
PR£P B'I':
CDP-15-53
\
\
'
0 ..
Comparison with Recorded Final Map
“Stairstep” grading is much more sensitive to the land form—recorded Final Map is two giant flat pads;
Grading is balanced cut & fill—recorded Final Map has 8,700 yards of soil export;
Gravity sewer—recorded Final Map requires four pump stations;
Innovative biological stormwater treatment—recorded Final Map has none; and
Onsite recreational scenic overlook—recorded Final Map has no onsite open space.
/
/
/
/
/
Proposed Project Benefits
Returns to original General Plan density of 13 units and resolves all Planning Commission objections from 2003;
Honors neighborhood community character with more comparable lot sizes, responding to local demand for nearby
move-up housing ;
Voluntary net zero energy use;
Completes the dedication & construction of Twain Avenue and missing trail linkage to Veterans Park;
Provides habitat restoration & permanent management for 3 currently unmanaged preserves; and
Adds land at no cost to neighbors’ properties and provide managed fire buffer.
/
/
/
/
/
/
Batiquitos Lagoon Foundation
Creation: 1.92 ac
Enhancement .32 ac
Shorepointe
Creation: 3.27 ac
Enhancement 1.23 ac
Emerald Point
Creation: .87 ac
Enhancement .49 ac
Proposed Project Environmental Benefits
Offsite Environmental MitigationOffsite Environmental Mitigation
Extensive Community Outreach
9 years of working with the neighboring residents;
9 meetings held;
Regular phone and email conversations;
23 inquiries from supportive neighbors;
12 exhibits created by Landmark Consulting;
To show good intentions, story poles installed and drone footage depicting
potential home elevations; and
Standing offers have been extended to immediate neighbors as a
compromise to reach agreement.
./ 9 yea s of war ing w·t the neighboring resi ents;
./ 9 meet·ngs held;
./ Regular p o e and ema·1 conversatio s;
./ 23 inq ir"es from sup ortive neighbors;
./ 12 exhibits crea ed by Landmar Consu ti g;
./ To show good inte tions, story poles instal ed an drone footage dep·ct·ng
potential ome e evations; and
./ S and·ng offers have been ex ended to ·mmediate eighbors as a
compromise to reac agreement.
Final Request –Please Approve:
•CPA -15-02
•ZC-15-03
•LCPA -15-05
•PUD-15-15
•HDP-15-03
•HMP-15-05
•CDP-15-23
•
•
•
•
•
•
•
C A-15-2
ZC-15-03
C A-15-05
PU -15-15
DP-15-03
P-15-05
C P-5-23
\.,11 I vr \.,~L;:)V1\l.J l~l\\.., 1 \.., 1 -l o-u (
TENTATIVE MAP FOR
OCEAN VIEW POINT
GPA·15·02, ZC-15-03, LCPA-15-05, PUD-15-15, HDP-15-03, HMP-15-05,
\ _,.,.,,. \ I ,..v-'\ /
CDP-15-53
Effective Fuel Modification Zone
Effective Fuel Modification Zones
-
, -·~
17,000 Square Foot Home a -· -,..:;
21,000 Square Foot Home --~