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Home My WebLink About2008-08-20; Planning Commission; ; CT 02-06x2|PUD 02-02x2|HDP 02-01x2 - KIRGIS SUBDIVISIONThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: August 20, 2008 Application complete date: March 2, 2008 Project Planner: Christer Westman Project Engineer: Frank Jimeno SUBJECT: CT 02-06x2/PUD 02-02x2/HDP 02-01x2 - KIRGIS SUBDIVISION - Request for approval of a retroactive two year extension of Tentative Tract Map CT 02-06, Planned Development Permit PUD 02-02, and Hillside Development Permit HDP 02-01 for the subdivision of 21.9 acres of land into five single-family residential lots, one Open Space lot and one private street lot, on property generally located north of Faraday Avenue at the southern terminus of Twain Avenue in Local Facilities Management Zone 8 and the Mello II Segment of the Local Coastal Program. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6440, 6441, and 6442 APPROVING retroactive two-year extensions of Tentative Tract Map CT 02-06, Planned Development Permit PUD 02-02, and Hillside Development Permit HDP 02-01 based upon the findings and subject to the conditions contained therein. II.INTRODUCTION The original project property owner went into foreclosure and no longer has ownership of the subject property. The new owner has requested a one-year time extension for the Tentative Map (CT), Planned Development Permit (PUD) and Hillside Development Permit (HDP) for a 7-lot subdivision on a vacant parcel at the terminus of Twain Avenue. In addition to the final one-year extension requested of the City, the State of California passed SB 1185 which grants Cities the ability to grant an additional one year extension to maps that have not expired before July 15, 2008. Because the applicant was processing an extension, the map is considered valid as of the July 15, 2008 date, and therefore may be extended for the additional year. This proposed two- year extension would allow the new owner/applicant to preserve existing property entitlements while processing grading and improvement plans and a final map. . III. PROJECT DESCRIPTION AND BACKGROUND The 21.9-acre project site is located at the southern terminus of Twain Avenue within Local Facilities Management Plan, Zone 8. The project consists of 7 total lots; five lots are single- family residential with lot areas greater than 30,000 square feet each. The remaining lots include one 16.5-acre open space lot and one private street lot. The project was denied by the Planning Commission on December 3, 2003. The Planning Commission decision was appealed by the applicant and the project was approved by City Council on March 2, 2004, subject to the condition that the Tentative Map be finalized within 24 CT 02-06x2/HDP 02-01x2/PUD 02-02x2 - KIRGIS SUBDIVISION August 20, 2008 Page 2 months. The original applicant was not able to complete all of the conditions necessary to record the final map within the 24 month period and the Tentative Map, Planned Development Permit and Hillside Development Permit were retroactively extended for two years (until March 2, 2008) by the Planning Commission on January 3, 2007. Since that time, Final Map and grading and improvement plans have been submitted for the project and are currently pending approval. The project approvals expired on March 2, 2008. However, on February 28, 2008, the new applicant filed for an extension of the project prior to expiration of the tentative map; therefore, the extension request can be considered. This request is for the Tentative Map and associated discretionary permits to be extended for two years to March 2, 2010. If approved, this will be the final extension granted by the City and no further City extensions may be granted for the project. Staff recommends that the Planning Commission approve the requested two (2) year extension granted retroactively from March 2, 2008. The Planned Development Permit PUD 02-02 and Hillside Development Permit HDP 02-01 will be extended with the Tentative Map. The project also included a Coastal Development Permit, CDP 02-05, which will be extended by the Planning Director administratively, per Section 21.201.210 of the City of Carlsbad Municipal Code, subsequent to the Planning Commission's action on the Tentative Map, Planned Development Permit, and Hillside Development Permit extension request. Due to the length of time since the original approvals, new resolutions have been prepared that will incorporate all of the previous approvals and replace those previously approved resolutions in their entirety. IV. ANALYSIS The project remains in compliance with current codes, policies and Growth Management Ordinance requirements as conditioned. Except as noted below, the original conditions of approval contained within City Council (CC) Resolutions Nos. 2004-068, 2004-070 and 2004- 074 have been incorporated into replacement Planning Commission Resolutions No. 6440, 6441, and 6442 for the project. Condition 77 of City Council Resolution No. 2004-068 requiring the completion of the related General Plan Amendment, Zone Change and Local Coastal Program Amendment to be submitted to the City Council no later than 90 after recordation of the final map has been removed since the GPA, ZC, and LCPA have all been approved by the City Council and California Coastal Commission. In Planning Commission Resolution No. 6440, Planning conditions numbers 12, 13, and 14 have been modified from the original conditions to reflect current time frames and current resolution numbers. Planning condition number 19 is a new condition requiring the applicant to record a notice on the property that a Tentative Map has been approved on the site and that lots 1, 2 and 3 are restricted to single story houses. Planning condition number 26 is the current version of the standard requirement for the applicant to designate a third party as conservation manager for the preservation of the open space lot and to endow the entity for ongoing preservation. CT 02-06x2/HDP 02-01x2/PUD 02-02x2 - KIRGIS SUBDIVISION August 20, 2008 Page3 In Planning Commission Resolution No. 6441, new Planning condition number 9 requires the property, owner to record a notice on the property that a Planned Development Permit has been approved on the site and a new requirement, that lots 1, 2, and 3 are restricted to single story residences. Planning conditions No. 10, 11 and 12 have been updated to reflect current resolution numbers. In Planning Commission Resolution No. 6442, new Planning condition number 6 requires the property owner to record a notice on the property that a Hillside Development Permit has been approved on the site. Planning condition numbers 7, 8 and 9 have been modified from the original conditions to reflect current time frames and current resolution numbers. Engineering conditions related to water quality have been replaced to comply with new, current National Pollutant Discharge Elimination System regulations as promulgated by the state and local Water Quality Control Boards and as adopted in the Carlsbad Municipal Code. Other changes to the resolutions have been made only to reflect current and new expiration dates. V. ENVIRONMENTAL REVIEW On March 2, 2004 the City Council adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (City Council Resolution No. 2004-073) for the Kirgis Subdivision. Staff has reviewed the request for extension and the Planning Director has determined that the project complies with and is within the scope of the prior environmental documents; the project has no new significant environmental effect not analyzed in the prior Mitigated Negative Declaration and none of the circumstances requiring a subsequent Mitigated Negative Declaration under CEQA Guidelines Section 15162 exist. No further CEQA analysis or action is required. ATTACHMENTS: 1. Planning Commission Resolution No. 6440 (CT 02-06x2) 2. Planning Commission Resolution No. 6441 (PUD 02-02x2) 3. Planning Commission Resolution No. 6442 (HDP 02-01 x2) 4. Location Map 5. Request for Tentative Map Extension 6. Disclosure Statement 7. Background Data Sheet 8. Local Facilities Impact Assessment 9. City Council Resolution No. 2004-073 (Mitigated Negative Declaration) 10. City Council Resolution No. 2004-068 (CT 02-06) 11. City Council Resolution No. 2004-074 (PUD 02-02) 12. City Council Resolution No. 2004-070 (HDP 02-01) 13. Planning Commission Resolutions No. 6232, 6233, and 6234 14. Reduced Exhibits, Exhibit "A"-"C" dated September 3, 2003 <? <. ••''/* SITEMAP NOT TO SCALE KIRGIS TENTATIVE MAP CT 02-06x2/PUD 02-02x2/HDP 02-01x2 .;' :;' : •"••r^V ••'^:'^;'. - •-•• : ' CITY OF CARLSBAD i I ;.,'.";.. ENGINEERING DEPARTMENT Tentative Map Extension Application Project Number: Project Name: CARLSBAD TRACT CT-02-06 KIRGIS SUBDIVIDION Location: SOUTH END Side of ™AIN AVE' Between N/A (N/S/E/W) Street Name Street Name and N/A Street Name Brief Description' 5 LOT RESIDENTIAL SUBDIVISION ON A PRIVATE STREET AND LOT WITH16.5 ACS OF OPEN SPACE R f Re sf ENORMOUS HURDLES, ENVIROMENTAL ISSUES.DEATH OF PROJECT MANAGER, RECOVERY KIDNEY TRANSPLANT OF PROJECT ENGINEER, DROP IN MARKET APPLICANT Name: PERGOLA NEVADA, LLC Street Address: P.O. BOX 1215 city, state, zip: CARLSBAD, CA 92008 Phone Number: 760-41 9-0450/760-480-6062 Fax Number: 760-729-6146/760-494-1 128 E-Mail1 // //^727(^al^.com/mail@shamrock.us.corn fiffajnfj/ (I // o/oe/rip $*&^r^Ls\^J[/CS*" ^-itAiO/Uo f Signature Date OWNER Name: PERGOLA NEVADA, LLC Street Address: P.O. BOX 1215 city, state, zip: CARLSBAD, CA 92008 Phone Number: 760-41 9-0450/760-480-6062 Fax Number: 760-729-61 46/760-494-1 1 28 E-Maii: /] /A77^°-com/mail@shamrack-us-com '<^~3r^-T^r~~f~~iJ f ^ 9/9^/nRJb&PW L/L->(fs^*~ ^/^O/Uo ' Signature Current Map Expiration Date: ... ~ ODOR Facility Zone: Q APN: o- Subdivision Type: ,-, . , ... Number of Lots: -, NuResidential 7 Date 12-010-03 Acreag2e1:.9 mber of D/U's: .- O For City Use Only Application Accepted ' BY Date Assigned; Land Use Engineer: Project Planner: 28 2008 ENGINEERING DEPARTMENT DATE STAMP RECEIVED Hi/DEVELOPMENT SERVICES/MASTERS/Applications-Counter/Tentative Map Extension Application Revised 1/14/02 City of Carlsbad DISCLOSURE STATEMENT .Planning Department 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. Noie: ?.tf**~s' «• >, ,-t V ,;f fcr v "i, '-~'?, ' *> ' *\ ' Parson Is defined as-t"Any,indlvidUal,Jrm( co-partnership, Joint verjUlrej association," social club, fraternal organization, corporation, estatej'trust, receiver, syndicate, in(thls and any other, cburityrcity arid county, city municipality, district or other political "subdivision or any other group,or combination acting as a unit ,* L- ,, Agants may sign this docUmerjt; however, the legal name and entity of Ihe applicant and property owner must be provided below, i. ^ , ' ., 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, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers, (A separate page may be attached if necessary.) Person fV \ CW\ AMC\ G^yl J-fylAftK Corp/Part Title ; Title. Address rtM-i iVlKflnDSe WO-V Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership' interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person PHO/a gjr\4 £\A\|j l-Kj^gl^ Corp/Part Title Title Address 1635 Faraday Avenus • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-0559 • www.cl.carlsbad.ca.us 3,NON-PROFIT ORGANIZATION OR TRUST If any person Identified pursuant to (1) or (2) above is a goj^piofflUorftajiizatlonpf a trust. Hat the names and addresses of ££& person serving BB an officer or director of trw non-profit organization or as trustee pr beneficiary of the, Non Proffl/TruBt MJfr Nan ProWTrusL_ ' Tille Address Title Address 4. Have you had more than 5500 worth of business transacted vvtlh any member of Chy staff. Boards, Commissions, Commrtt«BB and/or Council within the past ftvelve (12) months? Q YeB , S3No 'f VBS> 'Ptes«e Indicate peroonls):.. NOTE: Attach addftionai sheets If necessary. 1 certify that all the above Information IB true and correct to the beet of my knowledge. Print or type name ol owner Signature^ apjHIc Print or tv^e na Signature of ownor/Qppllcanfc agent if applicable/date Print or type name of owner/applicant's agent H*OMWCOUNTCR\DISCI.06URE STATEMENT 12AJB Page 2 of S BACKGROUND DATA SHEET CASE NO: CT 02-06X2/PUD Q2-02X2/HDP 02-1X2 CASE NAME: KIRGIS SUBDIVISION APPLICANT: Brian and Gavl Hynek REQUEST AND LOCATION: Request for approval of a retroactive one year extension of Tentative Tract Map CT 02-06, Planned Development Permit PUD 02-02, and Hillside Development Permit HDP 02-01 for the subdivision of 21.9 acres of land into five single-family residential lots, one Open Space lot and one private street lot, LEGAL DESCRIPTION: All that portion of Lot "F" of Rancho Agua Hedionda, in the County of San Diego, State of California, as shown on Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, on November 16, 1896 APN: 212-010-03-00 Acres: 21.90 Proposed No. of Lots/Units: 7 lots/ 5 residential units GENERAL PLAN AND ZONING Existing Land Use Designation: Residential Low/Open Space Proposed Land Use Designation: N/A Density Allowed: 0.0-1.5 du/ac Density Proposed: 0.91 du/ac Existing Zone: R-1-30,000 Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site North South East West R-l -30,000 R-l-Q OS C-M OS RL/OS RLM OS PI OS Vacant Single Family Open Space Industrial Open Space LOCAL COASTAL PROGRAM Coastal Zone: 1X1 Yes I I No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: I I Yes IXI No Coastal Development Permit: 1X1 Yes I I No Local Coastal Program Amendment: | | Yes IXI No Existing LCP Land Use Designation: RL/OS Proposed LCP Land Use Designation: N/A Existing LCP Zone: R-l-30,000 Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 5 EDU ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Mitigated Negative Declaration, issued January 19, 2003 Certified Environmental Impact Report, dated Other, Revised 01706 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Kirgis Subdivision - CT 02-06X2/PUD 02-02X2/HDP 02-01X2 LOCAL FACILITY MANAGEMENT ZONE: 8 GENERAL PLAN: RL/QS ZONING: R-1-30.000 DEVELOPER'S NAME: Gavl and Brian Hynek ADDRESS: 8541 Mossrose Way Gilroy. CA 95020 PHONE NO.:ASSESSOR'S PARCEL NO.: 212-010-03-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 21.9 acres/5 du A. B. C. D. E. F. G. H. I. City Administrative Facilities: Library: Wastewater Treatment Capacity Park: Drainage: Circulation: Fire: Open Space: Schools: Demand in Square Footage = 17.38 Demand in Square Footage: = 9.27 5EDU Demand in Acreage = Demand in CFS = Identify Drainage Basin = Demand in ADT = Served by Fire Station No. Acreage Provided = Carlsbad Unified 0.03 ac lOcfs B 50 ADT = #5 16.35 ac J. K. L. Sewer: 1.17 elementary 0.59 Middle 0.72 High 5EDU B Demands in EDU Identify Sub Basin = Water: Demand in GPD = The project is 0.47 units below the Growth Management Dwelling unit allowance. 2.500 GPD S£ occ ° 1 2 3 4 5 6 7 8 9 10 11 12 13 14 =; DCIS 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE APPROVAL OF A GENERAL PLAN AMENDMENT, ZONE CHANGE, AND LOCAL COASTAL PROGRAM AMENDMENT TO CHANGE A RESIDENTIAL LAND USE DESIGNATION TO OPEN SPACE AND APPROVAL TO SUBDIVIDE 21.9 ACRES INTO 5 RESIDENTIAL LOTS AND TWO COMMONLY OWNED LOTS ON PROPERTY GENERALLY LOCATED NORTH OF FARADAY AVENUE AT THE SOUTHERN TERMINUS OF TWAIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KIRGIS TENTATIVE MAP CASE NO.: GPA 03-01/ZC 03-01/LCPA 03-01/CT 02- 06/PUD 02-02/CDP 02-05/HDP 02-01 WHEREAS, Pergola, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Kirgis 1996 Trust, "Owner," described as All that portion of Lot "F" of Rancho Agua Hedionda, in the County of San Diego, State of California, as shown on Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, on November 16, 1896 ("the Property"); and WHEREAS, a Mitigated Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 3rd day of September 2003, on the 17th day of September 2003, and on the 5th day of November 2003 hold duly noticed public hearings as prescribed by law to consider said request; and WHEREAS, at said public hearings, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration; and i 1 2 3 4 5 6 7 8 9 10 11 12Q2 uj i> §1 i 13 d u. $ m -14.5 O ^ ^ O ^ O •! CD Q LJ_ 1 Q < >- 2 3!Z uj C/3 r^i 8g|o- 16R 8 gI- o (0?N 17 t oo 18 19 20 21 22 23 24 25 26 27 28 February persons 02-02/CL" follows: A. B. Council I dated Ja part here Findings: 1. Th a. the envir< prior to a Amendm Hillside C b..requirem Fnvirnnrr^_l 1 V II IH/| III C. of Carlsb d. evidence III III III III Resolutic WHEREAS, the City Council of the City of Carlsbad, did on the 3rd day of February, 2004 hold a public hearing to consider the recommendations and heard all persons interested in or opposed to GPA 03-01/ZC 03-01/LCPA 03-01/CT 02-06/PUD 02-05/HDP 02-01, NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council as A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing, the City Council hereby adopts the Mitigated Negative Declaration according to Exhibit "ND" dated January 19, 2003, and "PM" dated January 15, 2003, attached hereto and made a part hereof, based on the following findings: Findings: 1. The City Council of the City of Carlsbad does hereby find: a. It has reviewed, analyzed and considered the Mitigated Negative Declaration, the environmental impacts therein identified for this project and any comments thereon prior to approving the General Plan Amendment, Zone Change, Local Coastal Program Amendment, Tract Map, Planned Unit Development, Coastal Development Permit, and b. The Mitigated Negative Declaration 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 d. Based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 5S cco_l< O o 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 £ o i gl§ 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: 1. Developer shall implement, or cause the implementation of, the Kirgis Tentative Map - CT 02-06 Project Mitigation Monitoring and Reporting Program attached hereto and made a part hereof. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 2nd day of March , 2004 by the following vote, to wit: AYES.' Council Members Lewis, Pinnila, Kulchin, Hall and Packard NOES: None ABSENT: None —tdRRAINEJM. WOOD, City Clerk Resolution No. 2004-073 page 3 City of Carlsbad Planning Department RECIRCULATED MITIGATED NEGATIVE DECLARATION Project Address/Location: Project Description: North of Faraday Avenue at the southern terminus of Twain Street, City of Carlsbad, San Diego County General Plan Amendment, Zone Change, and Local Coastal Program Amendment to reconcile the zoning and Local Coastal Program land use designations to be consistent with the General Plan land use map and the subdivision of 21.9 acres into five residential lots, one open space lot, and one private street lot. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration is intended to be issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Christer Westman in the Planning Department at (760) 602-4614. DATED: JANUARY 19, 2003 CASE NO: GPA 03-01/ZC 03-01/LCPA 03-01/CT 02-06/HDP 02-01/CDP 02-05/PUD 02-02 CASE NAME: KIRGIS TENTATIVE MAP PUBLISH DATE: JANUARY 19, 2003 MICHAEL J. HOLZM.B-.LER Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II CASE NO: GPA 03-01 /ZC 03-01/LCPA 03-Q1/CT 02-06/PUD Q2-02/CDP 02-05/HDP 02-01 DATE: September 25. 2002 BACKGROUND 1. CASE NAME: Kirgis Tentative Map 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Christer Westman 760-602-4614 4. PROJECT LOCATION: North of Faraday Avenue at the southern terminus of Twain Street 5. PROJECT SPONSOR'S NAME AND ADDRESS: c/o Brian Regan. 1811 Rock Springs Road San Marcos. CA 92069 760-480-6062 6. GENERAL PLAN DESIGNATION: Residential Low (RL) and Open Space (OS) 7. ZONING: R-1-30.QOQ 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): N/A 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: Subdivision of 21.9 acres into 5 residential lots, one open space lot, and one private street lot. General Plan Amendment, Zone Change, and Local Coastal Program Amendment to reconcile the zoning and LCP land use designations to be consistent with the General Plan land use map. The site is currently an undeveloped hilltop adjacent to a developing parcel to the north. The site has a significant presence of coastal sage scrub, the majority of which has been identified in the City of Carlsbad Draft Habitat Management Plan as part of a biological preserve. Properties immediately to the west, east and south are part of the preserve and will not be developed. Rev. 07/03/02 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality /\ Biological Resources Cultural Resources Geology/Soils Noise Hazards/Hazardous Materials LJ Population and Housing Hydrology/Water Quality Land Use and Planning Mineral Resources Mandatory Findings of Significance Public Services Recreation Transportation/Circulation Utilities & Service Systems Rev. 07/03/02 DETERMINATION. I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Planner Signature Da w =—FT—» . o- I y&KJLLMjUPlanning Director s Signature "fVY // Rev. 07/03/02 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Part II", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 07/03/02 • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 07/03/02 Issues (and Supporting Information Sources). I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? II. AGRICULTRAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model- 1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation?^ Rev. 07/03/02 Issues (and Supporting Information Sources). c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? g) Impact tributary areas that are environmentally sensitive? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D Rev. 07/03/02 Issues (and Supporting Information Sources). V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontologi- cal resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact Rev. 07/03/02 Issues (and Supporting Information Sources). e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact D D Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Impacts to groundwater quality? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? e) 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? f) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? g) Otherwise substantially degrade water quality? h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? i) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? j) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? 1) Increased erosion (sediment) into receiving surface waters. m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? 10 Rev. 07/03/02 Issues (and Supporting Information Sources). n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? o) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact Rev. 07/03/02 Issues (and Supporting Information Sources). e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING - Would the project. a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 12 Rev. 07/03/02 Issues (and Supporting Information Sources). b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction 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 which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D 13 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVH. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). m this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 14 Rev. 07/03/02 DISCUSSION OF ENVIRONMENTAL EVALUATION AESTHETICS: The site is not part of a significant scenic vista or significant view shed. Grading of the property is proposed to generally follow the existing topography consistent with the City's Hillside Development Ordinance. Future residential construction will be reviewed for consistency with city design policy. AGRICULTURAL RESOURCES: There are no agricultural resources on-site. AIR QUALITY—Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project site is located in the San Diego Air Basin which is a federal and state non- attainment area for ozone (O3), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter (PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state-mandated plan. This local plan was combined with plans from all other California non- attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARE) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions of the City's General Plan and the RAQS. Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. The closest air quality monitoring station to the project site is in the City of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. (Add the following text addressing short-term emissions, if there is grading associated with the project.) The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130 (a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. d) Expose sensitive receptors to substantial pollutant concentrations? No Impact. As noted above, the proposed project would not result in substantial pollutant emissions or concentrations, hi addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) Create objectionable odors affecting a substantial number of people? No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. r . r BIOLOGICAL RESOURCES: The property has been surveyed for sensitive biological resources and quantified in a report prepared by Dudek and Associates, Inc. The report is on file with the City of Carlsbad Planning Department. Based on species and general physiognomy, two native plant communities were identified on-site. They are coastal sage scrub and southern maritime chaparral. No State or Federally listed threatened or endangered plant species occurs on-site. Two pairs of California gnatcatchers, San Diego pocket mouse, and orange throated whiptail were detected during focused surveys for Pacific pocket mouse. Impacts to the California gnatcatcher and its coastal sage scrub habitat are considered significant and must be mitigated through onsite preservation. Impacts to the gnatcatcher will also require a "take" permit issued by the U.S. Fish and Wildlife Service. CULTURAL RESOURCES: A surface survey was conducted and no significant cultural resources were identified. Further testing is required to determine if there are subsurface artifacts of importance. Standard testing procedures for archeological and paleontological resources are required. If resources are discovered additional measures for the preservation of the data will be implemented. GEOLOGY AND SOILS: A geotechnical resources report was prepared by Christian Wheeler Engineering. No geologic hazards of significant magnitude were discovered onsite and soils conditions are considered acceptable for development. Several grading and construction techniques are recommended in the report and have been incorporated into the Mitigation Measures, Monitoring, and Reporting Program. HAZARDS AND HAZARDOUS MATERIAL: Residential development is not typically considered a source of public hazards. The site is also not one which is known to contain hazardous materials pursuant to Government Code Section 65962.5. The site is near a general aviation airport. Because of the site's proximity to the airport some risk of aviation hazard can be expected, however, given existing airport flight patterns, operations, and history the risk is less than significant. Risk of wildland fire exists because the project includes an open space conservation lot dominated by native scrub. However, development includes removal of some native plant materials and replacement with native, more fire resistant species. Management of the fire suppression zones between the development and the native habitat reduce the potential of wildland fire to a level of less than significant. HYDROLOGY AND WATER QUALITY: The project is designed to satisfy the Regional Water Quality Control Board standards regarding urban pollutants. The site has been designed to limit 10 year storm flows to existing levels. LAND USE AND PLANNING: The proposed project does not divide an established community. It serves as an extension of the Kelly Ranch subdivision to the north. The proposal is consistent with the City's zoning and General Plan in that both documents identify single family residential development and open space as desirable land uses at this location. Additionally, the City of Carlsbad's draft habitat management plan identifies this site for 75% conservation. As designed, the project achieves the required 75% conservation. A General Plan Amendment, Zone Change and Local Coastal Program Amendment are included in the project applications for the sake of reconciling differences between the land use maps. The net effect is the establishment of a greater portion of the property as Open Space on the General Plan land use map and Zoning Map. The map changes will not intensify development of the site or change the pattern of the proposed development. MINERAL RESOURCES: No significant mineral resources have been found onsite. NOISE: There are no significant sources of noise on or near the project site. Residential developments are not typically known as significant noise generators. There is the potential for aircraft overflight because of the proximity of the Palomar-McClellan Airport and therefore associated aircraft noise. However, the frequency of overflight is less than significant. POPULATION AND HOUSING: The project itself is the infill development of the last remaining developable parcel in the immediate vicinity. Development of the project cannot therefore be growth inducing. Because the site is undeveloped, it cannot displace either housing or substantial numbers of people. PUBLIC SERVICES: Public services are available and can be provided to the proposed subdivision. RECREATION: Being that the project is the subdivision of property into five single family residential lots, a conclusion must be drawn that it will not generate use of existing regional and neighborhood paries such that they would be substantially deteriorated, or accelerate their deterioration. TRANSPORTATION/TRAFFIC—Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system? Less Than Significant Impact. The project will generate 50 Average Daily Trips (ADT). This traffic will utilize the following roadways Cannon Road, El Camino Real, and Faraday Avenue. Existing traffic on this these arterials are 29,389 ADT on El Camino Real, 8,749 ADT on Cannon Road, and 7,058 ADT on Faraday Avenue, (2001 and 2002). The design capacities of the arterial roads effected by the proposed project are 40,000 vehicles per day on El Camino Real, 20,000 - 40,000 vehicles per day on Cannon Road, and 2,000 to 10,000 vehicles per day on Faraday Avenue. The project traffic would represent less than 0.007% and 0.005% of the existing traffic volume and the design capacity respectively. While the increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. The proposed project would not, therefore, cause an increase in traffic that is substantial in i ( relation to the existing traffic load and capacity of the street system. The impacts from the proposed project are, therefore, less than significant. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The Existing and Buildout average daily traffic (ADT) and Existing LOS on these designated roads and highways in Carlsbad is: Existing APT* LOS Buildout ADT* Rancho Santa Fe Road 15-32 "A-C" 28-43 El Camino Real 21-50 "A-C" 32-65 Palomar Airport Road 10-52 "A-B" 29-77 SR78 120 "F" 144 1-5 183-198 "D" 219-249 *The numbers are in thousands of daily trips. The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highways are currently operating at or better than the acceptable standard LOS. Note that the buildout ADT projections are based on the full implementation of the region's general and community plans. The proposed project is consistent with the general plan and, therefore, its traffic was used in modeling the buildout projections. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacities of the designated roads and highways and implementation of the CMP strategies, they will function at acceptable levels of service in the short-term and at buildout. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The proposed project does not include any aviation components. The project is consistent with the Comprehensive Land Use Plan for the McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) Substantially increase hazards due to a design feature or incompatible uses? 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) Result in inadequate emergency access? No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. f) Result in inadequate parking capacity? No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. No impact assessed. g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks, etc.)? No Impact. The project is not served by or not located in an area conducive to public transportation. UTILITIES AND SERVICES SYSTEMS: The project is designed to satisfy the Regional Water Quality Control Board standards regarding urban pollutants. New community or regional water or waste water facilities are not required as a result of the project. Existing water and wastewater treatment facilities have current capacity to serve the project. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 2. Initial Study/Environmental Checklist Wilson Residences prepared by Dudek and Associates, Inc. dated October 2001 with technical appendices. APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date agnature LIST OF MITIGATING MEASURES 1. All grading shall conform with the guidelines presented in the Uniform Building Code, the minimum requirements of the City of Carlsbad, and the Recommended Grading Specifications and Special Provision included in the 2001 Christian Wheeler Engineering Report. Prior to grading, a geotechnical engineer shall be present at the pre-construction meeting to provide additional grading guidelines, if necessary, and to review the earthwork schedule. 2. A geotechnical consultant shall be onsite during the mass grading operations to confirm conditions and allow adjustments in design criteria to ensure that grading proceeds in accordance with the recommendations described in the 2001 Christian Wheeler Engineering Report. 3. The site grading shall include clearing and grubbing of all vegetation and other deleterious materials. The material shall be deposited offsite. 4. Site preparations shall include the removal of all existing topsoil, subsoil and slopewash from all areas to receive fill and/or improvements. The materials should be removed to the contact with competent terrace deposits or material of the Santiago Formation, as determined in the field by the project geologist, engineer, or field supervisor. Where necessary to achieve planned site grade, the removed materials may be replaced as compacted fill provided they are thoroughly mixed and moisture conditioned prior to placement. 5. The cut portion of the building pad that is traversed by a cut/fill transition line should have the cut portion undercut at least three feet. The bottom of the over-excavated areas should be sloped in a manner that water does not become trapped in the over-excavated zone. Prior to replacing the excavated materials, the soils exposed at the bottom of the excavation should be scarified to a depth of six inches, moisture conditioned and compacted to at least 90 percent relative compaction. 6. Prior to placing any new fill soils or constructing any new improvements in areas that have been cleaned out to receive fill and approved by the geotechnical consultant or representative, the exposed soil should be scarified to a depth of 12 inches, moisture conditioned, and compacted to at least 90 percent relative compaction. 7. All structural fill placed at the site should be compacted to a relative compaction of at least 90 percent of its maximum dry density as determined by the ASTM Laboratory Test D1557-91. Fills should be placed at or slightly above optimum moisture content, in lifts six to eight inches thick, with each lift compacted by mechanical means. Fills should consist of approved earth material, free of'trash or debris, roots, vegetation, or other materials determined to be unsuitable by a soil technician or project geologist. Fill material should be free of rocks or lumps of soil in excess of twelve inches in maximum dimension. However, in the upper two feet of pad grade, no rocks or lumps of soil in excess of six inches should be allowed. 8. Portions of the Santiago Formation that are to be used as fill material should be mixed with other onsite soils to produce a nondetrimentally expansive mixture of soil, or should be placed at least five feet below finish pad grade. Samples of the mixed fill material placed at the foundation level should be tested to verify that a nondetrimentally expansive mix has been achieved. Where the mixture of soil does not produce a nondetrimentally expansive fill material, special considerations for heaving soil will need to be incorporated into the foundation design. In addition, where detrimentally expansive soil is determined to occur naturally within four feet of finish pad grade, it should be removed and replaced with nondetrimentally expansive fill material. 9. The placement of cohesionless soils at the face of slopes should be avoided. Sloughing, deep drilling and slumping of surficial soils may occur if slopes are left unplanted for a long period of • time, especially during the rainy season. 10. Irrigation on and adjacent to slopes should be carefully monitored to ensure that only the minimum amount of water is used necessary to sustain plant life 11. The existing topsoil, subsoil, and slopewash materials will need to be removed from areas to support fill and/or settlement-sensitive improvements, and, where necessary to achieve planned site grades, be replaced as properly compacted structural fill. 12. Portions of the Santiago Formation that are to be used as fill material should be mixed with other onsite soils to produce a nondetrimentally expansive mixture of soil, or should be placed at least five feet below finish pad grade. Samples of the mixed fill material placed at the foundation level should be tested to verify that a nondetrimentally expansive mix has been achieved. Where the mixture of soil does not produce a nondetrimentally expansive fill material, special considerations for heaving soil will need to be incorporated into the foundation design. In addition, where detrimentally expansive soil is determined to occur naturally within four feet of finish pad grade, it should be removed and replaced with nondetrimentally expansive fill material. 13. The portions of Lots 1 and 2 that are underlained by the moderately expansive clayey portions of the Santiago Formation will need to be either "select" graded, or structures proposed for these lots will need to be supported by foundations designed for heaving soils. Foundations supported by moderately expansive soil should consist of deepened conventional foundations with additional reinforcement or a post-tensioned slab/foundation system. 14. Differential settlement resulting from the cut/fill transition for Lot 3 shall be mitigated by adherence to the "Transition Building Pads" recommendation described in the 2001 Christian Wheeler Engineering Report. The cut portion of the building pad that is traversed by a cut/fill transition line should have the cut portion undercut at least three feet. The bottom of the over- excavated areas should be sloped in a manner that water does not become trapped in the over- excavated zone. Prior to replacing the excavated materials, the soils exposed at the bottom of the excavation should be scarified to a depth of six inches, moisture conditioned and compacted to at least 90 percent relative compaction. 15. The northern cut portion of Lot 3 that is underlain by the moderately expansive clayey portions of the Santiago Formation will need to be either "select" graded at the time of the transition undercut so that the pad will be capped by a mat of nondetrimentally expansive fill material. If "select" grading cannot be accomplished, foundations supporting the structures proposed for Lot 3 will need to be designed for heaving soils. 16. Fills of up to 20 feet for construction of building pads for Lots 4 and 5 shall have the expansive onsite materials mixed with the onsite terrace deposits to obtain a nondetrimentally expansive material. If "select" grading cannot be accomplished, foundations supporting the structures proposed for Lots 4 and 5 will need to be designed for heaving soils 17. As depicted on the project plans, storm water runoff will be directed to each lots' onsite drainage. Each lot will be equipped with a drainage systems which will allow for onsite oil/water separation prior to discharge offsite. With the storm water systems conveying the runoff and the volume and energy dissipators controlling the velocity of runoff, it is anticipated that the proposed development would not adversely impact existing drainage patterns or create adverse conditions within offsite drainages or Agua Hedionda Lagoon. 18. Minimize project related short term impacts to air quality by implementing the following: a. Use adequate water and/or other dust palliatives on all disturbed areas. b. Terminate soil excavation, clearing or grading when wind speeds exceed 25 mph for an hourly average. c. Cover all vehicles hauling dirt or spoils on public roadways unless additional moisture is added to prevent material blow-off during transport. d. Minimize obstruction of through traffic lanes from construction equipment or activities. e. Street sweeping should occur if silt is carried over public thoroughfares. f. During construction, the Applicant will: i) use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site; ii) wet down areas in the late morning and after work is completed for the day 19. Impacts to 4.9 acres of coastal sage scrub will be mitigated through onsite conservation of 11.0 acres of coastal sage scrub and 4.9 acres of onsite re-vegetation. The 15.9 acres will be dedicated as a biological reserve and will be managed for the benefit of habitat and species conservation. 20. Impacts to 0.05 acres of southern maritime chaparral will be mitigated through the preservation of the majority of the maritime chaparral onsite within the open space lot dedicated as a biological reserve and managed for the benefit of habitat and species conservation. 21. Impacts to California adolphia will be mitigated through the preservation of the majority of the adolphia onsite within the open space lot dedicated as a biological reserve and managed for the benefit of habitat and species conservation. 22. Take of federally-listed species, pursuant to the federal Endangered Species Act, requires authorization under Section 10(a)(l)(B). The applicant shall consult with the U.S. Fish and Wildlife Service and obtain the appropriate Federal permit(s) prior to the issuance of a grading permit. 23. Prior to site grading, a qualified paleontologist shall be retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an individual with an MS or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques.) a. The qualified paleontologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. b. A paleontological monitor shall be on-site a minimum of half-time during the original cutting of previously undisturbed sediments to inspect cuts for contained fossils. In the event that fossils are discovered, it may be necessary to increase the per/day in field monitoring time. Conversely, if fossils are not being found then the monitoring should be reduced. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist. c. When fossils are discovered the paleontologist (or paleontological monitor) shall recover them. In most cases, this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. 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. d. Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned, repaired, sorted, and cataloged. e. Prepared 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 City Hall. f. A final summary report shall be completed and retained on file at the City that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. 24. Testing to determine significance is recommended for sites CA-SDI-8793 and CA-SDI-9097. The testing program will need to be completed in compliance with City of Carlsbad and CEQA guidelines. The program should include collection of surface artifacts to determine site size; excavation of shovel test pits across each site to determine the presence or absence of prehistoric deposit; and excavation of two to four 1x1-meter units to determine site depth, content, integrity and potential to address important research questions. If the site(s) within the project area are determined to be significant, then mitigation of impacts will be necessary. Mitigation of impacts can be achieved through avoidance and preservation, or through the completion of a data recovery program. If the site(s) are identified as not significant, then no additional work will be required. 25. Monitoring of brushing, grading, and trenching by a qualified archeologist shall be required during the construction of the project in order to identify any significant archeological components of the site. Monitoring will also focus on any potential to discover sites that were not identified in previous surveys due to them being buried or masked from view. Any previously unrecorded sites discovered during brushing, grading, or trenching will require significance evaluation and, if found to be important, mitigation applied before grading can resume at the location of the discovery. A data recovery program shall be completed for any significant archaeological site impacted by the project in compliance with the City of Carlsbad's Cultural Resource Guidelines Criteria and Methodology for completing a Data Recovery Program Phase III (December 1990). All artifacts and data collected from the testing and mitigation work for the project will be submitted to the San Diego Archaeological Center for permanent curation. 26. All vegetation clearing shall take place outside of the gnatcatcher breeding season, which is considered to extend from February 15 through August 31. 27. Prior to the issuance of a grading permit the applicant shall cause a raptor survey to be conducted. If there are nesting raptors onsite, no grading shall be allowed until the nests are vacated. 28. Prior to the issuance of a grading permit, a landscape plan shall be reviewed and approved by the City of Carlsbad for all slopes adjacent to the open space conservation lot which incorporates native plants that are fire resistant and avoids invasive exotics. 29. Depredation of sensitive species by domestic cats is a concern. Fencing shall be included at the edge of the pads designed to deter domestic cats from entering the open space conservation lot. 30. A biological monitor shall be present onsite during grading. ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 1 of 9 PROJECT NAME: KIRGIS FILE NUMBERS: GPA 03-01/ZC 03-01/LCPA 03-01/CT 02-06/PUD 02- 02/CDP 02-05/HDP 02-01 APPROVAL DATE:MITIGATED NEG. DEC.: 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 Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks 1. All grading shall conform with the guidelines presented in the Uniform Building Code, the minimum requirements of the City of Carlbad, and the Recommended Grading Specifications and Special Provision included in the 2001 Christian Wheeler Engineering Report. Prior to grading, a geotechnical engineer shall be present at the pre-construction meeting to provide additional grading guidelines, if necessary, and to review the earthwork schedule. Project Engineering A geotechnical consultant shall be onsite during the mass grading operations to confirm conditions and allow adjustments in design criteria to ensure that grading proceeds in accordance with the recommendations described in the 2001 Christian Wheeler Engineering Report. Project Engineering 3. The site grading shall include clearing and grubbing of all vegetation and other deleterious materials. The material shall be deposited offsite. Project Engineering Site preparations shall include the removal of all existing topsoil, su soil and slopewash from all areas to receive fill and/or impovements. The materials should be removed to the contact with competent terrace deposits or material of the Santiago Formation, as determined in the field by the project geologist, engineer, or field supervisor. Where necessary to achieve planned site grade, the removed materials may be replaced as compacted fill provided they are thoroughly mixed and moisture conditioned prior to placement. Project Engineering Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. 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 RD - Appendix P. ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 2 of 9 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks 5. The cut portion of the building pad that is traversed by a cut/fill transition line should have the cut portion undercut at least three feet. The bottom of the over-excavated areas should be sloped in a manner that water does not become trapped in the over-excavated zone. Prior to replacing the excavated materials, the soils exposed at the bottom of the excavation should be scarified to a depth of six inches, moisture conditioned and compacted to at least 90 percent relative compaction. Project Engineering Prior to placing any new fill soils or constructing any new improvements in areas that have been cleaned out to receive fill and approved by the geotechnical consultant or representative, the exposed soil should be scarified to a depth of 12 inches, moisture conditioned, and compacted to at least 90 percent relative compaction. Project Engineering 7. All structural fill placed at the site should be compacted to a relative compaction of at least 90 percent of its maximum dry density as determined by the ASTM Laboratory Test D1557-91. Fills should be placed at or slightly above optimum moisture content, in lifts six to eight inches thick, with each lift compacted by mechanical means. Fills should consist of approved earth material, free of trash or debris, roots, vegetation, or other materials determined to be unsuitable by a soil technician or project geologist. Fill material should be free of rocks or lumps of soil in excess of twelve inches in maximum dimension. However, in the upper two feet of pad grade, no rocks or lumps of soil in excess of six inches should be allowed. Project Engineering Portions of the Santiago Formation that are to be used as fill material should be mixed with other onsite soils to produce a nondetrimentally expansive mixture of soil, or should be placed at least five feet below finish pad grade. Samples of the mixed fill material placed at the foundation level should be tested to verify that a nondetrimentally expansive mix has been achieved. Where the mixture of soil does not produce a nondetrimentally expansive fill .material, special considerations for heaving soil will need to be incorporated into the foundation design. In addition, where detrimentally expansive soil is determined to occur naturally within four feet of finish pad grade, it should be removed and replaced with nondetrimentally expansive fill material. Project Engineering Explanation of Headjngsi Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. . information. 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 RD - Appendix P. ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 3 of 9 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks The placement of cohesionless soils at the face of slopes should be avoided. Sloughing, deep drilling and slumping of surficial soils may occur if slopes are left unplanted for a long period of time, especially during the rainy season. Project Engineering 10. Irrigation on and adjacent to slopes should be carefully monitored to ensure that only the minimum amount of water is used necessary to sustain plant life. Project Planning 11 The existing topsoil, subsoil, and slopewash materials will need to be removed from areas to support fill and/or settlement-sensitive improvements, and, where necessary to achieve planned site grades, be replaced as properly compacted structural Project Engineering 12. Portions of the Santiago Formation that are to be used as fill material should be mixed with other onsite soils to produce a nondetrimentally expansive mixture of soil, or should be placed at least five feet below finish pad grade. Samples of the mixed fill material placed at the foundation level should be tested to verify that a nondetrimentally expansive mix has been achieved. Where the mixture of soil does not produce a nondetrimentally expansive fill material, special considerations for heaving soil will need to be incorporated into the foundation design. In addition, where detrimentally expansive soil is determined to occur naturally within four feet of finish pad grade, it should be removed and replaced with nondetrimentally expansive fill material. Project Engineering 13. The portions of Lots 1 and 2 that are underlined by the moderately expansive clayey portions of the Santiago Formation will need to be either "select" graded, or structures proposed for these lots will need to be supported by foundations designed for heaving soils. Foundations supported by moderately expansive soil should consist of deepened conventional foundations with additional reinforcement or a post-tensioned slab/foundation system. Project Engineering Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column wil! 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 RD - Appendix P. ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 4 of 9 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks 14. Differential settlement resulting from the cut/fid transition for Lot 3 shall be mitigated by adherence to the "Transition Building Pads" recommendation described in the 2001 Christian Wheeler Engineering Report. The cut portion of the building pad that is traversed by a cut/fill transition line should have the cut portion undercut at least three feet. The bottom of the over-excavated areas should be sloped in a manner that water does not become trapped in the over-excavated zone. Prior to replacing the excavated materials, the soils exposed at the bottom of the excavation should be scarified to a depth of six inches, moisture conditioned and compacted to at least 90 percent relative compaction. Project Engineering 15. The northern cut portion of Lot 3 that is underlain by the moderately expansive clayey portions of the Santiago Formation will need to be either "select" graded at the time of the transition undercut so that the pad will be capped by a mat of nondetrimentaily expansive fill material. If "select" grading cannot be accomplished, foundations supporting the structures proposed for Lot 3 will need to be designed for heaving soils. Project Engineering 16. Fills of up to 20 feet for construction of building pads for Lots 4 and 5 shall have the expansive onsite materials mixed with the onsite terrace deposits to obtain a nondetrimentaily expansive material. If "select" grading cannot be accomplished, foundations supporting the structures proposed for Lots 4 and 5 will need to be designed for heaving soils. Project Engineering Building 17. As depicted on the project plans, storm water runoff will be directed to each lots' onsite drainage. Each lot will be equipped with a drainage systems which will allow for onsite oil/water separation prior to discharge offsite. With the storm water systems conveying the runoff and the volume and energy dissipators controlling the velocity of runoff, it is anticipated that the proposed development would not adversely impact existing drainage patterns or create adverse conditions within offsite drainages or Agua Hedionda Lagoon. Project Engineering Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. 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 RD - Appendix P. ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 5 of 9 Mitigation Measure 18. Minimize project related short term impacts to air quality by implementing the following: a. Use adequate water and/or other dust palliatives on all disturbed areas, b. Terminate soil excavation, clearing or grading when wind speeds exceed 25 mph for an hourly average, c. Cover all vehicles hauling dirt or spoils on public roadways unless additional moisture is added to prevent material blow-off during transport, d. Minimize obstruction of through traffic lanes from construction equipment or activities, e. Street sweeping should occur if silt is carried over public thoroughfares, f. During construction, the Applicant will: Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site; Wet down areas in the late morning and after work is completed for the day. 19. Impacts to 4.9 acres of coastal sage scrub will be mitigated through onsite conservation of 11.0 acres of coastal sage scrub and 4.9 acres of onsite re-vegetation. The 15.9 acres will be dedicated as a biological reserve and will be managed for the benefit of habitat and species conservation. 20. Impacts to 0.05 acres of southern maritime chaparral will be mitigated through the preservation of the majority of the maritime chaparral onsite within the open space lot dedicated as a biological reserve and managed for the benefit of habitat and species conservation. 21. Impacts to California adolphia will be mitigated through the preservation of the majority of the adolphia onsite within the open space lot dedicated as a biological reserve and managed for the benefit of habitat and species conservation. Monitoring Type Project Ongoing Ongoing Ongoing Monitoring Department Engineering Planning Planning Planning Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. 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 RD - Appendix P. ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 6 of 9 Mitigation Measure 22. Take of federally-listed species, pursuant to the federal Endangered Species Act, requires authorization under Section 10(a)(1)(B). The applicant shall consult with the U.S. Fish and Wildlife Service and obtain the appropriate Federal permit(s) prior to the issuance of a grading permit. Monitoring Type Project Monitoring Department Planning Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. 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 RD - Appendix P. ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 7 of 9 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks 23. Prior to site grading, a qualified paleontologist shall be retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an individual with an MS or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques.) The qualified paleontologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. A paleontological monitor shall be on-site a minimum of half-time during the original cutting of previously undisturbed sediments to inspect cuts for contained fossils. In the event that fossils are discovered, it may be necessary to increase the per/day in-field monitoring time. Conversely, if fossils are not being found then the monitoring should be reduced. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist. When fossils are discovered the paleontologist (or paleontological monitor) shall recover them. In most cases, this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. 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. Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned, repaired, sorted, and cataloged. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Project Planning Verified tr Remark nplementation = Whei th p column will be initialed = Area for describing mitigation measi and dated, itatus of ongoing re has been irnplemen ed, nitigation measure, or for other RD - Apf endix P. ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 8 of 9 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks 24. Prepared 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 paleontologies! 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 City Hall. A final summary report shall be completed and retained on file at the City that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. Project Planning 25. Testing to determine significance is recommended for sites CA- SDI-8793 and CA-SDI-9097. The testing program will need to be completed in compliance with City of Carlsbad and CEQA guidelines. The program should include collection of surface artifacts to determine site size; excavation of shovel test pits across each site to determine the presence or absence of prehistoric deposit; and excavation of two to four 1x1-meter units to determine site depth, content, integrity and potential to address important research questions. If the site(s) within the project area are determined to be significant, then mitigation of impacts will be necessary. Mitigation of impacts can be achieved through avoidance and preservation, or through the completion of a data recovery program. If the site(s) are identified as not significant, then no additional work will be required. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. 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 RD - Appendix P. ENVIRONMENTAL MITIGATION MONITORING CHECKLIST: Page 9 of 9 Mitigation Measure 26. Monitoring of brushing, grading, and trenching by a qualified archeologist shall be required during the construction of the project in order to identify any significant archeological components of the site. Monitoring will also focus on any potential to discover sites that were not identified in previous surveys due to them being buried or masked from view. Any previously unrecorded sites discovered during brushing, grading, or trenching will require significance evaluation and, if found to be important, mitigation applied before grading can resume at the location of the discovery. A data recovery program shall be completed for any significant archaeological site impacted by the project in compliance with the City of Carlsbad's Cultural Resource Guidelines Criteria and Methodology for completing a Data Recovery Program Phase III (December 1990). All artifacts and data collected from the testing and mitigation work for the project will be submitted to the San Diego Archaeological Center for permanent curation. 27. All vegetation clearing shall take place outside of the gnatcatcher breeding season, which is considered to extend from February 15 through August 31. 28. Prior to the issuance of a grading permit the applicant shall cause a raptor survey to be conducted. If there are nesting raptors onsite, no grading shall be allowed until the nests are vacated. 29. Prior to the issuance of a grading permit, a landscape plan shall be reviewed and approved by the City of Carlsbad for all slopes adjacent to the open space conservation lot which incorporates native plants that are fire resistant and avoids invasive exotics. 30. Depredation of sensitive species by domestic cats is a concern. Fencing shall be included at the edge of the pads designed to deter domestic cats from entering the open space conservation lot. 31 . A biological monitor shall be present onsite during grading. Monitoring Type Project Project Project Project Project Project Monitoring Department Planning Planning Planning Planning Planning Planning Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. 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 RD - Appendix P. 00 LL) 03 < D §d£S»SS5| oc t > cc D Q U. a 5 ai 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-068 A RESOLUTION OF THE .CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 02-06 TO SUBDIVIDE 21.9 ACRES INTO 5 RESIDENTIAL LOTS AND TWO COMMONLY OWNED LOTS ON PROPERTY GENERALLY LOCATED NORTH OF FARADAY AVENUE AT THE SOUTHERN TERMINUS OF TWAIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KIRGIS TENTATIVE MAP CASE NO.: CT 02-06 WHEREAS, Pergola, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Kirgis 1996 Trust, "Owner," described as All that portion of Lot "F" of Rancho Agua Hedionda, in the County of San Diego, State of California, as shown on Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, on November 16, 1896 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits "A" - "D" dated September 3, 2003, on file in the Planning Department KIRGIS TENTATIVE MAP - CT 02-06, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of September 2003, on the 17th day of September 2003, and on the 5th day of November 2003 hold duly noticed public hearings as prescribed by law to consider said request; and WHEREAS, at said public hearings, 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; and Q ^ S 3| I 25 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council of the City of Carlsbad, did on the 3rd day of February, 2004, hold a public hearing to consider the recommendations and heard all persons interest in or opposed to GPA 03-01/ZC 03-01/LCPA 03-01/CT 02-06/PUD 02- 02/CDP 02-05/HDP 02-01, NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council 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, CT 02-06 is approved, based on the following findings and subject to the following conditions: Findings: 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 existing General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Titles 20 and 21 governing lot sizes and configuration, have been designed to comply with all other applicable City regulations, and lot 7 will be restricted by open space easement consistent with its open space General Plan designation. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties to the north are also designated for Residential Low (RL) and Open Space (OS) development on the General Plan, the industrial property to the southeast is separated by a significant slope preserved as open space and surrounding development to the north is single family residential and open space. 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 the project site can accommodate the proposed residential development while providing the required lot area, all required setbacks and improvements mandated by applicable city regulations. 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 is designed and conditioned to avoid conflicts with any established easements. Resolution No. 2004-068 page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that lots will have southern exposure for passive heating and all lots will benefit from ocean breezes for cooling. 7. That the City Council 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. 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that 75% of the site will be preserved for the purpose of habitat conservation and restoration. 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that lot drainage will typically filter through the yard landscape prior to exiting to the drainage system. 10. The City Council finds that the project, as conditioned herein, is in confomnance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated September 3, 2003 including, but not limited to the following: a. Land Use - The project is consistent with the City's General Plan since the proposed density of 0.91 du/acre is within the density range of 0.0-1.5 du/acre specified for the site as indicated on the Land Use Element of the General Plan. The project's proposed density of 0.91 du/ac is below the Growth Management Control Point density (1.0 du/ac) used for the purpose of calculating the City's compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects, are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. b. Circulation - The circulation system is designed to provide adequate access to the proposed lots, adjacent properties and complies with all applicable City design standards. Resolution No. 2004-068 page 3 , O 3 .9*I fc a 3 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. Housing - That the project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has been conditioned to pay the Affordable Housing In-Lieu fee. d. Public Safety - Required facilities have been conditioned to be constructed or are shown on the project plans. 11. The project is consistent with the City-Wide 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. e. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 12. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 8. 13. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall record a notice concerning aircraft noise. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is acceptably compatible with the airport, in that it is within the 60-65 CNEL contour created by the airport. Resolution No. 2004-068 page 4 Sii< Q § 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 15. The City Council 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 final map. 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; 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. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Map 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 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 Mitigation Monitoring and Reporting Program 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, Resolution No. 2004-068 page 5 i f\ Q CD uj K £ 9?ISS >- <D <•§£!3S a § <§p <J s I- O CO< O _l£ CM o:i^s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Tentative Map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and 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. Developer shall submit to the Planning Department a reproducible 24" x 36," mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 9. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format. 10. The project shall comply with all conditions and mitigation measures 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. 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the Building and Code Enforcement Managers 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. 12. This approval is granted subject to the approval of PUD 02-02, CDP 02-05 and HDP 02-01 and is subject to all conditions contained in City Council Resolutions N°s. 2004-074 2004-069 an£j 2004-070 for that approval. 13. Approval is granted for CT 02-06 as shown on Exhibits "A" - "D" dated September 3, 2003, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 14. Prior to issuance of a grading permit, Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan for slopes and common areas showing conformance with the approved Preliminary Landscape Plan Resolution No. 2004-068 page 6 UJ dS o < <>• d z *§>§3 g ° 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The landscape plan shall include design and location for all perimeter fencing, gates, decorative hardscape, and landscape. 15. This approval shall be null and void if the project site subject to this approval is not annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall not issue any grading, building, or other permit, until the annexation is completed. The City Manager is authorized to extend the 60 days, for a reasonable period, upon a showing of good cause. 16. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City 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 the CC&Rs 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 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. d. 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 Resolution No. 2004-068 page 7 a2 ><ra >2 "SSSf 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 prorata 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 the CC&Rs. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit . f. 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 . g. Fire Suppression. Residential lots are subject to the fire suppression restrictions as set forth in Exhibit . h. Building Restrictions. In addition to all applicable City of Carlsbad development standards, all structures on lots 1, 2, and 3 are limited to development as single story. Single story is defined as a maximum plate-line height of 15 feet and a maximum building height to the roof ridge of 23 feet. All structures on lots 4 and 5 are limited to a maximum height to the roof ridge of 30 feet and no more than two stories as defined in Carlsbad Municipal Code section 21.04.330. 17. Prior to issuance of a grading permit, Developer shall: 1) consult with the United States Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and, 2) obtain any permits required by the USWFS. 18. 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 8 Resolution No. 2004-068 page 8 O LUu. 3°3 ^"S> 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 19. 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 Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 20. Prior to issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document with the Planning Director. 21. Developer shall provide an irrevocable offer of dedication to the City of Carlsbad on the final map for a trail easement for trail(s) as shown on the tentative map within lots 1 and 7. Prior to the issuance of any residential building permits, the trail shall be constructed as a public trail for public use. The trail may be accepted by the City of Carlsbad upon future adoption of a Citywide Trails Program that includes provisions for maintenance and liability. Otherwise, prior to issuance of any residential building permits, the obligation for acceptance, construction, maintenance, and liability of the trail shall be the responsibility of another agency designated by the City or the responsibility of the Homeowner's Association. 22. Developer shall dedicate on the final map, an open space conservation easement over all of Lot 7 of CT 02-06 to prohibit any private encroachment or development, including but not limited to decks, storage buildings, pools, spas, stairways and non-native landscaping. Structures that reduce the potential for localized erosion and slide hazards, habitat restoration, habitat conservation, habitat enhancement, designated public trail, and operation and maintenance of existing storm water facilities are allowed. 23. Prior to approval of the final map or issuance of a grading permit, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot (Lot 7): a. Select a conservation entity, subject to approval by the Planning Director, that possesses the necessary qualifications to hold title to Lot 7 and manage it for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot in perpetuity. c. Based on the results of the PAR, provide a non-wasting endowment to the selected conservation entity in an amount sufficient for management and monitoring of Lot 7 in perpetuity. Resolution No. 2004-068 page 9 0 0 <>» DC p7$ <O CD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. Transfer fee title to Lot 7 to the selected conservation entity at final map. 24. 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 for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. 25. All construction activities shall be planned so that grading will occur in units that can be easily completed within the summer construction season. All grading operations shall be limited to be between A disturbed by grading shall be planted with! October 1 with temporary or permanent (ir methods. The October 1 grading season of the City Engineer subject to implement measures designed to prohibit discharge grading operation. Extensions beyond N, low risk of impact to sensitive coastal rest d October 1 of each year. All areas /s of initial disturbance and prior to B of finished slopes) erosion control may be extended with the approval Dctober 1 of special erosion control nents off-site during and after the 15 may be allowed in areas of very J may be approved either as part of the original coastal permit or as an amendment to an existing coastal development permit. 26. If any of the responsible Rr during the summer grading period in o sensitive environmental resources, thf winter by this coastal development p' practices (BMPs) are incorporated tc •„ activities. -1 Agencies prohibit grading operations •=*ct endangered or rare species or /" :c*s may be allowed during the Topriate best management impacts from winter grading 27. Removal of native vegetation other than that approved as part of the grading plan, improvement plans, biological re-vegetation program, and/or landscape plan is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, based upon a request from the Homeowners Association accompanied by a report from a qualified botanist indicating the need to remove specified plants because of disease or impending danger to adjacent habitable dwelling units. This restriction shall also be included in the CC&Rs established for the project. 28. At issuance of building permits, or prior to the approval of a final map and/or issuance of certificate of compliance for the conversion of existing apartments to air-space condominiums, the Developer shall pay to the City an inclusionary housing in- lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as amended by City Council Resolution from time to time. 10 Resolution No. 2004-068 page 10 n > ? SSO UJ 00 fc d Z * 550r> W /-, y 0 1 2 3 4 5 6 7 8 9 10 11 12 14 15 17 18 19 20 21 22 23 24 25 26 27 28 Engineering Conditions General 30. 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. 31. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 32. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 33. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 34. There shall be one Final Map recorded for this project. Fees/Agreements 35. 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. 36. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 37. Developer shall cause property owner to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall be in a form acceptable to the City Engineer and shall: a. Clearly delineate the limits of the drainage course; b. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and c. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will 11 Resolution No. 2004-068 page 11 K > CC ^ D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 result in damage to the underlying and adjacent properties or the creation of a public nuisance. 38. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Grading 39. 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 apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. 40. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 41. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map, which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 42. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the 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 from both the City Engineer and Planning Director. Dedications/Improvements 43. Developer shall cause Owner to execute a covenant of easement for drainage as shown on the tentative map. The obligation to execute and record the covenant of easement shall be shown and recording information called out on the final map. Developer shall provide City Engineer with proof of recordation prior to issuance of building permit. 12 Resolution No. 2004-068 page 12 Q GO MI <S CO > T- S o SUj N LL CDo <; < 1 2 3 4 5 6 7 8 9 10 11 12 13i < 14 2 15 o- 16 i 17 18 19 20 21 22 23 24 25 26 27 28 44. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 45. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 46. Developer shall provide the design of all private streets and drainage systems 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 and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. 47. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, but not limited to, design of all private streets and drainage systems 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 and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. 48. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, but not limited to, paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, to City Standards and to the satisfaction of the City Engineer. The improvements are: a. Twain Avenue to cul-de-sac standards b. Twain Avenue off-site in adjacent project CT 97-16 to cul-de-sac standards to match the proposed alignment. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 49. Twain Avenue shall be dedicated along the project frontage based on a cul-de-sac right-of way configuration and in conformance with City of Carlsbad 13 Resolution No. 2004-068 page 13 "Ml< O _J> w ccis 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Standards. Developer shall acquire sufficient title or interest to permit the improvements in the adjacent project, Carlsbad Tract CT 97-16, to match the proposed cul-de-sac alignment. 49. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6-hours and 24-hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6-hour and 24-hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Drainage shall include downstream protection of drainage patterns to prevent potential erosion. 50. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. include all content as established by the California Regional Water Quality Control Board requirements; b. include the receipt of "Notice of Intent" issued by the California Regional Water Quality Control Board; c. recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. 51 OC"' (SW, Standa Diego R Carlsbad a said pollute construction o the issuance of grading permit or building permit, whichever er shall submit for City approval a "Storm Water Management Plan 'MP shall demonstrate compliance with the City of Carlsbad Management Plan (SUSMP), Order 2001-01 issued by the San ;fornia Regional Water Quality Control Board and City of ~ SWMP shall address measures to avoid contact or filter ^,r, to the maximum extent practicable, for the post- At a minimum, the SWMP shall: 14 Resolution No. 2004-068 page 14 1 2 3 4 6 7 8 10 11 12 |u; 1 ff £ g< o s <j o 5 < '4 9 ° 1§ 15 2 S: I g Z 33 . ^ £Ji a: ff Q '" t o co< O _i 4 -f£S.§ 17 O 18 19 20 21 22 23 24 25 26 27 28 a. Identify existing and post-development on-site pollutants-of- concem; b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; c. Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; d. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; e. Ensure long-term maintenance of all post construct BMPs in perpetuity; and f. Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. 52. Prior to occupancy, Developer shall install streetlights along all public and private street frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad Standards. 53. Prior to occupancy, Developer shall install sidewalks along all public streets abutting the subdivision boundary in conformance with City of Carlsbad Standards. 54. Prior to occupancy, Developer shall install wheelchair ramps at the public street corners abutting the subdivision in conformance with City of Carlsbad Standards. 55. Developer shall incorporate into the grading/improvement plans the design for the project drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed riprap, or other means deemed appropriate, to the satisfaction of the City Engineer. Final Map Notes 56. Developer shall show on Final Map the net developable acres for each parcel. 57. Note(s) to the following effect(s) shall be placed on the map as non- 15 Resolution No. 2004-068 page 15 oie*> 1 ^ >- CO rfZ Ul Cfl § SI 5 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 -4 *T17 18 19 20 21 22 23 24 25 26 27 28 mapping data: a. All improvements are privately owned and are to be privately maintained with the exception of the following: Twain Avenue cul-de-sac 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. Covenant of easement recording information. Water 58. Prior to approval of improvement plans or final map, 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. 59. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 60. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 61. The Developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the District Engineer. 62. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. 63. The Developer shall install potable water and/or recycled water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. . 16 Resolution No. 2004-068 page 16 a 2 >- ™ a 1-3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 64. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 65. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 66. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non- mapping data. 67. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. 68. Prior to Final Map approval, Developer shall install a total of 6 water meters for the project. Developer shall install 5 potable water meters for residential use and 1 irrigation meter to irrigate the common areas (Homeowner's Association). 69. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. 70. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. 71. The Developer shall submit a detailed recycled water study, prepared by a Registered Engineer that identifies the peak demands of the project. The study shall identify velocity in the main lines and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. 72. The Developer shall submit detailed design drawings prepared by a Registered Engineer for the construction of the sewer force main laterals required to 17 Resolution No. 2004-068 page 17 §1? OC J OO S <h O COf- 52 to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 serve the project. Said plans shall be prepared to the satisfaction of the District Engineer. 73. Prior to the submittal of improvement plans, the Developer shall submit and receive approval of a design study prepared by a Registered Engineer that identifies the: a. suggested site layout of sewer lift station; b. size, type, and number of sewer pumps required; c. type and availability of electricity (2 or 3 phase); d. alignment of force main; e. the hydraulic grade line of the force main; f. surge analysis on force main; g. size, type, length of force main; h. size of wet well; i. resident time of sewage from wet well to top of force main; j. anticipated flow during initial occupancy of units; k. maintenance schedule required to cycle pumps during low flows of initial occupancy of units; I. suggested type of chemical injection; m. odor control; n. corrosion protection; o. size and type of back-up generator; and p. schematic of Telemetry. Said study shall be prepared to the satisfaction of the District Engineer. Fire 74. Perimeter slope landscape shall be designed to be compatible with fire suppression principals and shall be of plant species that are native, non-invasive, and drought tolerant. 75. Prior to issuance of building permits, the property owner of record shall demonstrate compliance with the City of Carlsbad Landscape Manual, Section II.C Fire Protection Plan to the satisfaction of the Fire Marshal. 18 Resolution No. 2004-068 page 18 S >• ID rf§ g 3 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 76. The fire hydrant at the end of the cul-de-sac shall be relocated to the north and east to a spot near the street light along the slope to the satisfaction of the Fire Marshal. Special 77. The applicant shall cause the General Plan Amendment (GPA 03-01), Zone Change (ZC 03-01), and Local Coastal Program Amendment (LCPA 03-01) to be submitted to the City Council no later than 90 days of final map recordation. Code Reminders 78. 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. 79. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 80. 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 permit issuance, except as otherwise specifically provided herein. 81. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 82. Developer shall exercise special care during the construction phase of this project to prevent off-site siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 83. Some improvements shown on the tentative parcel map and/or required by these conditions are located off-site on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 19 Resolution No. 2004-068 page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 2nd day of March , 2004 by the following vote, to wit: AYES:Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None wTS, Mafor LORRAINE M. WOOD, City Clerk 20 Resolution No. 2004-068 page 20 8 £ 2 ^ £ 8^C O O &c *< < ^ 3 2 w oc^ <o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANNED UNIT DEVELOPMENT PERMIT PUD 02-02 TO SUBDIVIDE 21.9 ACRES INTO 5 RESIDENTIAL LOTS AND TWO COMMONLY OWNED LOTS ON PROPERTY GENERALLY LOCATED NORTH OF FARADAY AVENUE AT THE SOUTHERN TERMINUS OF TWAIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8 CASE NAME: KIRGIS TENTATIVE MAP CASE NO.: PUD 02-02 WHEREAS, Pergola, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Kirgis 1996 Trust, "Owner," described as All that portion of Lot "F" of Rancho Agua Hedionda, in the County of San Diego, State of California, as shown on Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, on November 16, 1896 ("the Property"); and WHEREAS, said verified application constitutes a request for a Planned Unit Development Permit as shown on Exhibits "A" - "D" dated September 3, 2003, on file in the Planning Department, KIRGIS TENTATIVE MAP - PUD 02-02 as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of September" 2003, on the 17th day of September 2003, and on the 5th day of November 2003 hold duly noticed public hearings as prescribed by law to consider said request; and WHEREAS, at said public hearings, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Planned Unit Development Permit; and 5 O oUj gj u. Oo < <> d 5 i > 2 3§£35*§§! t- o W< o lj i'S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council of the City of Carlsbad, did on the 3rd day of February, 2004, hold a public hearing to consider the recommendations and heard all persons interested in or opposed to GPA 03-01/ZC 03-01/LCPA 03-01/CT 02-06/PUD 02-02/CDP 02-05/HDP 02-01, NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council 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, PUD 02-02 is approved, based on the following findings and subject to the following conditions: Findings: 1. That the granting of this permit will not adversely affect and will be consistent with the Municipal Code, the General Plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies, in that the project is consistent with the Residential Low .density (RL) General Plan designation as it has a density of less than one dwelling per acre; the project complies with the development standards and design criteria of the Zoning Ordinance for detached single family homes. 2. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the long-term general well- being of the neighborhood and the community, in that the project site is designated for single-family units in the General Plan and provides for a diversity of housing types within the City. 3. That such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that the project design conforms to all design and development standards applicable to the property and public improvements will be provided prior to, or concurrent with, the development of the project to meet all City standards. 4. That the proposed Planned Development meets all of the minimum development standards set forth in Chapter 21.45.090, the design criteria set forth in Section 21.45.080, and has been designed in accordance with the concepts contained in the Design Guidelines Manual, in that the project provides the required recreation area for each lot; guest parking can be accommodated on each lot throughout the project, traffic calming and livable street features are proposed, and the street design does not dominate the project. Resolution No. 2004-074 page 2 <g > v gglj it § ? >- CDoi 03? ^ K ° S i9S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. That the proposed project is designed to be sensitive to and blend in with the natural topography of the site, and maintains and enhances significant natural resources on the site, in that the development is confined to 25% of the gross lot area conforming to the draft Carlsbad habitat management plan standards area criteria. 6. That the proposed project's design and density of the developed portion of the site is compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood, in that the proposed single family residential product type and density are consistent with the General Plan's single family residential land use to the north. 7. That the project's circulation system is designed to be efficient and well integrated with the project and does not dominate the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map. 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; 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 Planned Unit Development. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Unit Development 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 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. Resolution No. 2004-074 page 3 <\ Q m 00CD LLJ O)co > 5- 5 £ e< a 5 SS<yi°§° >- 00 < UJ tg y 1 < §U- *«J CD1- o c/)<; o _j^_ c\j cc 5 3 1 2 3 4 6 7 8 10 11 12 13 14 15 16 171 1 18 19 20 21C* 1 22 23 24 25 26 27 28 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 Planned Unit Development, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and 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. 6. This approval is granted subject to the approval of CT 02-06, CDP 02-05 and HDP 02-02 and is subject to all conditions contained in City Council Resolutions No. 2004-068 . 2004-069, and 2004-070 for those approvals incorporated herein by reference. 7. This approval shall become null and void if CT 02-06 is not recorded as a final map. 8. Prior to issuance of a grading permit, the applicant shall obtain approval from the Planning Director of the design and location for all perimeter fencing, gates, decorative hardscape, and landscape. 9. Prior to the issuance of a building permit for any and/or each individual residential lot, the applicant shall obtain approval of a Minor Planned Unit Development Amendment, consistent with the procedures and requirements of Chapter 21.45 (Planned Development Ordinance), for building locations, elevations, and floorplans. 10. In addition to all applicable City of Carlsbad development standards, all structures on lots 1 , 2 and 3 are limited to development as single story. Single story is defined as a maximum plate-line height of 15 feet and a .maximum building height to the roof ridge of 23 feet. All structures on lots 4 and 5 are limited to a maximum height to the roof ridge of 30 fee and no more than two stories as defined in Carlsbad Municipal Code section 21.04.330. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in 4 f/ Resolution No. 2004-074 page 4 <JTk UJ E <r Co ^ U. O *"9 3| >1|a w 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby further notified that your right to protest the specified fees/exactions does not apply to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; nor does it apply to any fees/exactions of which you have previously been given a notice similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 2nd day of March , 2004 by the following vote, to wit: AYES;Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None ayor M. WOOD, City Clerk Resolution No. 2004-074 page 5 ' Q$ s ?a- « a iLD R. BALL- CJTYOFCAAD VILLAGE DJFORNIA 9201RONACITY ATTORNEY1200CARLSBCARLSBAD. CAl1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-°70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE 21.9 ACRES INTO 5 RESIDENTIAL LOTS AND TWO COMMONLY OWNED LOTS ON PROPERTY GENERALLY LOCATED NORTH OF FARADAY AVENUE AT THE SOUTHERN TERMINUS OF TWAIN AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: KIRGIS TENTATIVE MAP CASE NO: HDP 02-01 WHEREAS, Pergola, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Kirgis 1996 Trust, "Owner," described as All that portion of Lot "F" of Rancho Agua Hedionda, in the County of San Diego, State of California, as shown on Partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, on November 16, 1896 ("the Property"); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits "A" - "D" dated September 3, 2003, on file in the Carlsbad Planning Department, KIRGIS TENTATIVE MAP - HDP 02-01, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 3rd day of September 2003, on the 17th day of September 2003, and on the 5th day of November 2003 consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Hillside Development Permit; and 1 Q UJ £-5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council of the City of Carlsbad, did o the 3rd day of February, 2004, hold a public hearing to consider the recommendations and heard all persons interested in or opposed to GPA 03-01/ZC 03-01/LCPA 03-01/CT 02-06/PUD 02-02/CDP 02-05/HDP 02-01, NOW, THEREFORE, BE IT HEREBY RESOLVED by the CITY COUNCIL as follows: A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing, HDP 02-01 is approved based on the following findings and subject to the following conditions: Findings: 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 2. That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map. 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the proposed hillside alteration will not result in substantial damage or alteration of a significant natural resource area, wildlife habitat or native vegetation and has to the greatest extent followed the natural topography. 4. 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 none of the "undevelopable" lands identified in this section of the zoning ordinance are present on-site. 5. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that project pads step downward from the northeast to the southwest similar to the natural topography of the site. 6. That the project design and lot configuration minimizes disturbance of hillside lands, in that no more than 25% of the gross site area is within the limits of hillside alteration. Resolution No. 2004-070 page 2 CD uj O>w? > V °sl PQ z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map. 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; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Hillside Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development Permit documents, as necessary to make 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 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/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 Hillside Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and 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. Resolution No. 2004-070 page 3 2& 3 4 5 6 7 8 10 11 12 Q ?ll 13cc oc S H u- o m 14.< O <, < IH S*iiS«oS 15-d ' < J^ ^- CD rf g Z ^ -1 Occ ^ Q" ID £?>£ 17£ s 0 ° 18 19 20 21 22 23 24 25 26 27 28 6. This approval is granted subject to the approval of CT 02-06, PUD 02-02 and CDP 02-05 and is subject to all conditions contained in City Council Resolutions No. 2004-068 , 2004-074 anc| 2004-069 for those approvals incorporated herein bv reference. 7. This approval shall become null and void if grading permits are not issued for this project within 24 months from the date of Hillside Development Permit approval. 8. Prior to the issuance of a grading permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Hillside Development Permit by Resolution(s) No. 2004-070 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 Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service ... • • • • • • ... 4 Resolution No. 2004-070 page 4 ^/O Q 2 0) 111 O) u. o ro o < (t tr £! ir 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 2nd day of March , 2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None ayor LtfRfcAINE M. WOOD, City Clerk Resolution No. 2004-070 page 5 CONSISTENCY DETERMINATION EXHIBIT DATE: lflCH*£i. J. KQLTZUiLLER. PUOWStS DIRECTOR RECQUENOEO BY: HATE: UGEND: SIHEEI &EMAIIDM STREET CRAOE (OOWNMUJ. PAD ELEVATKW PROPOSED SLOPE (ALL SLOPES 2:1 EXCEPT WHERE NOTED}.... SLOKE wnits : PAYUGMI UWESL ACCESS RIGH1S TO BE WANED WATER UNE (EXISTING/PROPOSED) STORM DRAM (EXISTING/PROPOSED} 0 VICINITY MAP CITY OF ENCINITAS SUBDIVIDER: s, k»: M'I '»' ] n1 |"'"' j^** fTT I TTlv^.^-^LAL&J^-^'. PFRCOLA INC. G/0 BRWi C. REGANSHAMROCK ENVIRONMENTAL QFSiGM i, DEVELOPMENT OWNER: KIRCIS 1996 IRUSI 44i2 HOCKADAY DSIVtDALLAS, ix 'ism PUBLIC unuriES ANO DISTRICTS: CAS ANO ELECTRICITY: SAM WEOO GAS AMD tLECIRl TELEPHONE; PACtflC BELL FIRE pRoitcnoN; arr of CARLSO*O SCIKXXS: .CARISBAO ONfflEO SCHOOL 0 WAIE* CTIY Of CMLSBAD 5E*ER: CITY Of CARLSB*0 SIORIi DUMB; CJT* Of CARLSBAO ENGINEER OF WORK: SHAMROCK EHWRONUENTAL OES1CH * 1611 ROCK SPRINGS ROAD5*H MARCOS. CA. 91069 PtIOME; (7BOJ-40O-60G2 FAX: (7H>}-735~?459 ' /3t*~:/LL'A^ LEGAL DESCRIPTION: A PORTION OF LOI ~r OF RANCHO AGUA KEDWNOA. IN THE CITY OF CARLSBAO. COUttlY UK SAM OlECO. STATEOF CALIFORNIA, AS SHOWN OH PARTITION MAP THEREOF ASSESSOR'S PARCEL NUMBERS: Z12-OIO-03 GENERAL DESIGN; • STROCI R«HT-Of-WAT WDTHS AS SHOWM (SEE TYI • ALL ETRECT KSKN TO COHFORU TO CITY OF CARLSBAD PRIVATE STREET STANDARDS • CASEMtNTS WU BE PMMOED AS REOLMED BY THE CRY CHONEf R. • ALL PROPOSED UTILITIES ARE [0 BE UNDERGROUND. lN HCKCON ME JWM1XU4AIC OHLT AJECT TO CfTY tHOHOX APPRWA1, _t»n_ &.-T.) FIO. (C.Y.) CUBIC TADOS PER A CENERAl NOTES: • CROSS AREA «TI«N OWNERSHIP BOUNDARY: II.t ACRES* • cftoss AREA WDCN OHHWSHIP eouuoMrr o • X Of CROSS WEA UIMIN OVNCR&HP BOUHOMn BtSTURBED; 1W 1 • HUUBCR OT LOIS: a (BUILDING SITES) I-PRMUE STRO1 t-OPEK SPACt LOT • IOTM. NuuaER or LOTS: i C s PLUS ONE OPEN SPACE PARCEL} • TOTAL ADI a i II AOT/UMI- M ACT • UMULW BMOmc ua SUE is (o.ai) ACRES. • *vtn«£ 8U1L04NC LOT WC IS tJJ] ICKtS > CITY OF £1RLSOA3 IONWS ft-l-JO.OOO tXISIMJO: . PROPOSED: SAME • UULRPU flNM. WPS HAY HL H£D « MXOROWICE «TH THE PROlCKINS OF MIECTIOH 6*<SS,I OF IH( SUtDMMN WV ACT. M LONG *S 5UC" HAP1 AM: *EXTENSION or pueuc SCFMCCS. • D«HLMC uwrs PER ACNE: AU.OWTD: i.oo. PROPOSED: fl.si (CROSS) • SETBACKS TO CONTORH TO IONE RECUUT|OKS. • HO SPECIAL ASSESSMENT ACT PROCEEDMB PROPOSED AT THIS TIME. DATE OF PREPARATION: DECEUSER 19. 20OO _i_ s . ?..„ «4 JUNE 19. 1001 1-14-03 8-2S-D3 REV PAD EL PAD SIZE RESPONSE TO I-.O-OJ OW14CNIS REV SEC SLOPE/ BEM REF TO REUAJNMR 'ARCEL SHEET 1 OF 13 SHEETS SH^MIKOCK ENVOROMMEMTAIL OESO@INI & DEVELOPMENT 1S111 BOCK SPHDM«SS FB©AB, SAINI M/SS.IRCOS, C^, ®2SXS® T®«S-<«ro(0>-®ffl®2 EXHIBIT A T 1. 1HS PROJECT HAS AN AGREEMENT WITH THEADJACENT DEVELOPER (CI 97-16). TO MOOtff THE UPROVEMENTE IM IHC« rEWORABr C'JL 0£-SAC ATTHE END OF EXISTING TWAIN AVENUE. THE REMOVAL Of A RETAINING WALL AT THE END Of THE TEMPORARYCUL-DE-SAC. PERMISSION FOR LOT se OF TRACT97-16 TO CXIDU A SLOPC ONTO LOT 5 Of THISPncucct. LOT s or THIS PROJECT WILL CRAMT ANtXCLUSIVJ; USE EASEMENT OVtR THE SLOPE EXTENDINGOKTO LOT J* OT Cf 97-16 AND LOT U WILLRECIPROCATE BY CRAMTWC LOT S OF THIS PROJECTTHE RIGHT TO DRAIN THE PORTION Of THE SLOPEFACING 10r M OHIO LOT J*. A COPT OF THISAGREEMENT HAS BEEN FKEO MtDI IMC CITY. •> IIIC OAlSITE ORAHtGE FOR IHCS LOTS HULL. CONTAINiS LINED BIO-SWALES TO REUOVEPOLLUTANTSBEFORE EXITING THE LOIS 3. THE PRIVATE SEWER FORCE MAIN SHOWN ON THS PLAN IS SHOWN SCHtuAnoilT FDR DiSPALY PURPOSES. LOrSI.ZJ. A 4 WILL HAVE THEIR OWNSfWER F PROPOSED OPEN '.SPACE EASEMENT.Y6.43± ACRES CONSISTENCY DETERMINATION EXHIBIT DATE: MICHAEL J. rtOLfZMILLCR, PLANNCNC DIRECTOR DATE; DECEU NO. -i- & «* HER 29. 2000 DATE . pEB2.2M1me IB. zooi*MW is.iruu; 21 -2003 REVISION 1 STREET WIDTH. CUL-Ot SAC. PADS 1 REDUCE PADS. WO SO LUWtH KA1W a-S S-r^./5^cxvr5«N BQUNt^TY • REVISE IfWL/ ENTRY ISLAND? SHEET 2 OF 13 SHEETS EXHIBIT B /BvfP'T if^TF lfi\fftry^y y vy? u =y)£ EXHIBIT C