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Home My WebLink About2004-12-07; City Council; 17912; Cantarini Ranch & Holly SpringsAB# 17,912 MTG. 12/7/04 DEPT. PLN I) 2) 3) EIR 02-02 - CANTARlNllHOLLY SPRINGS JOINT EIR & LFMP AMENDMENT (15)C CANTARlNl RANCH; and SPRINGS GPA 01 -09/Zc 00-05/CT 00-18/SDP 01-10/HDP 00-09 - GPA 00-06/ZC 00-09/CT 00-211HDP 00-1 2 - HOLLY DEPT. HD. a CITY ATTY. % CITY MGR RECOMMENDED ACTION: ITEM EXPLANATION: Project a p p I ica t i o n (s) Administrative Reviewed by and Approvals Final at Planning Commission Cantarini/Holly Springs Joint EIR - Cantarini/Holly Springs - LFMP 15(C) Cantarini Ranch - GPA 01-09 EIR 02-02 ZC 00-05 CT 00-18 SDP 01 -1 0 HDP 00-09 SUP 00-09 X zc 00-09 CT 00-21 HDP 00-12 Holly Springs - GPA 00-06 That the Council INTRODUCE Ordinances No. NS-734 and NS-735 , APPROVING Zone Change ZC 00-05 and ZC 00-09, and ADOPT the following: , CERTIFYING EIR 02-02, and ADOPTING the Candidate Findings of Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, and APPROVING Local Facilities Management Plan Amendment LFMP , APPROVING General Plan Amendment GPA 01-09, Tentative Tract Map CT 00-18, Site Development Plan SDP 01-10, and Hillside Development Permit HDP 00-09 - Cantarini Ranch; and , APPROVING General Plan Amendment GPA 00-06, Tentative Tract Map CT 00-21, and Hillside Development Permit HDP 00-1 2 - Holly Springs. 1) City Council Resolution No. 2004-386 15(C); 2) City Council Resolution No. 2004-387 3) City Council Resolution No. 2004-388 To be Reviewed - Final at Council X X X X X X X X X X X On October 20, 2004, the Planning Commission conducted a public hearing for the Cantarini Ranch and Holly Springs development proposals. The Planning Commission voted unanimously to recommend certification of the Environmental Impact Report (EIR 02-02); to recommend adoption of the Candidate Findings of Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program; and to recommend approval of LFMP Amendment 15(C), General Plan Amendments, Zone Changes, Tentative Tract Maps, and Hillside Development Permits for the Cantarini Ranch and Holly Springs subdivisions, and a Site Development Plan for the Cantarini Ranch multi-family site. The Planning Commission also approved a Floodplain Special Use Permit for the Cantarini Ranch project for off-site improvements associated with the construction of College Boulevard Reach A, subject to the City Council approving the remaining actions. The project sites are in the northeast quadrant of the City within Local Facilities Management Zone 15, generally located north of El Camino Real and east of the new intersection of College Boulevard and Cannon Road, and primarily within the Sunny Creek Specific Plan (SP 191) area. PAGE 2 OF AGENDA BILL NO. 17,912 The Cantarini Ranch development proposal includes 105 single-family lots with a 1/2-acre minimum lot size and an 80-unit mixed-rate apartment project which will be used to meet the affordable housing requirements for both the Cantarini Ranch and Holly Springs projects. Approximately 59 acres of the 157-acre site will be designated as open space. The proposed single-family residential density is 0.93 du/ac and the multi-family density is 12.88 du/ac. The project is 139 units under the Growth Management Control Point (GMCP). The Cantarini Ranch project will be required to construct off-site improvements which include the construction of College Boulevard from its terminus at Sunny Creek Road to the new intersection of College Boulevard and Cannon Road, the bridge over Agua Hedionda Creek, and Basin BJ. These improvements were analyzed and approved under EIR 98-02 in conjunction with the Calavera Hills Master Plan Phase II. The Holly Springs subdivision includes 43 single-family custom home lots with a 1/2-acre minimum lot size. Approximately 61 acres of the 120-acre site will be designated as open space with another 19 acres of open space included in the remainder parcel. The proposed single-family residential density is 0.47 du/ac and the project is 235 units under the GMCP. Changes to the General Plan Land Use and Zoning Maps are required to reflect a clustering of the allowable number of dwelling units to the multi-family site, to refine the boundaries of the single-family residential development, and to apply open space designations to the habitat preservation areas. One representative of Rancho Carlsbad Owners Association spoke in support of the projects. Eight (8) members of the public spoke in opposition to the project and nine (9) letters of opposition were submitted prior to the public hearing which are included in Attachment 9. Speakers expressed concerns regarding the adequacy of the 700 foot wide wildlife corridor, impacts to wetlands, width of wetland buffers, density of the development and loss of the undeveloped agricultural lands. A full record of comments and the response to questions and comments from the public can be found in the Planning Commission Minutes dated October 20, 2004. ENVIRONMENTAL: An Environmental Impact Report was prepared for the two projects in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines and the Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code. The EIR addresses the environmental impact associated with all discretionary applications for the proposed projects. The analysis contained in the EIR concluded that all significant impacts would be mitigated to below a level of significance with the exception of cumulative impacts to air quality. The cumulative impacts arise from the marginal contribution the proposed projects will make, when combined with the impacts from existing and other future projects, to pre-existing conditions that currently fail to meet applicable standards . Under CEQA, before a project which is determined to have significant, unmitigated environmental effects can be approved, the public agency must consider and adopt a “Statement of Overriding Considerations” pursuant to CEQA Guidelines 15043 and 15093. The primary purpose of CEQA is to fully inform the decision makers and the public of the environmental effects of a proposed project and to include feasible mitigation measures and alternatives to reduce any such adverse effects below a level of significance. However, CEQA recognizes and authorizes the approval of projects where not all adverse impacts can be fully lessened or avoided. The Lead Agency must explain and justify its conclusion to approve such a project through the Statement of Overriding Considerations setting forth the proposed project’s general social, economic, or other public benefits which support the agency’s informed conclusion to approve the project. After the conclusion of the Planning Commission hearing, several typographical errors were noted on mitigation measure BIO C-2 and those have been corrected as strikeouthnderline text in the Findings of Fact (Exhibit “EIR-A) and Mitigation Monitoring and Reporting Program (Exhibit “EIR B”), attached to Planning Commission Resolution 5749 for the EIR. PAGE 3 OF AGENDA BILL NO. 17,912 Growth Control Point Net Density - Cantarini Ranch SFR Cantarini MF site Holly Springs SFR Special Facility Fee FISCAL IMPACT: 602 units allowed 228 units proposed 374 units to excess dwelling unit bank 0.93 dulac 12.88 du/ac 0.47 dulac CFD No.1 All required improvements needed to serve this project would be funded by the developer. The Facility Financing section of the amended Zone 15 Local Facilities Management Plan lists the financing techniques proposed to guarantee the public facilities needed to serve development within Zone 15. GROWTH MANAGEMENT STATUS: EXH IBlTS : 1. 2. 3. 4. 5. 6. 7. 8. 9. IO. 11. 12. 13. 14. 15. 16. 17. City Council Ordinance No. NS-734 City Council Resolution No. City Council Ordinance No. uv36 City Council Resolution No. 2Qo1c387 City Council Resolution No. 2004-388 Location Map Planning Commission Resolutions No. 5749, 5750, 5751, 5752, 5753, 5754, 5755, 5757,5758,5759, and 5760 Planning Commission Staff Report, dated October 20,2004 Letters of Opposition Excerpts of Planning Commission Minutes, dated October 20, 2004. EIR 02-02 - Cantarini/Holly Springs Joint EIR, dated October 2004 (previously distributed, copy on file in the Planning Department). LFMP 15 (C) - Zone 15 Local Facilities Management Plan Amendment (previously distributed, copy on file in the Planning Department). Composite Map for Cantarini Ranch and Holly Springs Developments( On f ile-Planning ) Pedestrian Circulation and Trail Plan (On file -Planning 1 Exhibits “A - “11” for Cantarini Ranch dated October 20, 2004 (On file -,Planning Exhibits “A - “M” for Cantarini Ranch Multi-family Site dated October 20, 2004(0n f ile-plng. Exhibits “A - “0” for Holly Springs dated October 20, 2004. (On file-planning) DEPARTMENT CONTACT: Barbara Kennedy, (760) 602-4626, bkenn@ci.carlsbad.ca.us 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 ORDINANCE NO. NS-734 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 00-05, FROM LIMITED CONTROL (L-C) AND RESIDENTIAL AGRICULTURE (R-A-10,000) TO ONE- FAMILY RESIDENTIAL-0.5 ACRE MINIMUM LOT SIZE- QUALIFIED DEVELOPMENT OVERLAY ZONE (R-I -0.5-Q), RESIDENTIAL DENSITY-MEDIUM (RD-M), AND OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED EAST OF COLLEGE BOULEVARD AND NORTH OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: CANTARlNl RANCH CASE NO.: ZC 00-05 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map marked Exhibit “ZC 00-05,” dated October 20, 2004, attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5752 constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 7th day of December ,2004, and thereafter 111 Ill Ill Ill 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the , 2004, by the following vote, to wit: day of AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- 5 ZC 00-05 - Cantarini Ranch Property From: 6. 209-070-02 R-A-10000 C. Por 209-060-60 L-C D. For 168-050-51 L-C A. 209-070-01 L-c October 20, 2004 To: R-l-0.5-Q & OS os R-l-0.5-Q, RD-M & OS RD-M 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-735 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 00-09, FROM LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL-0.5 ACRE MINIMUM LOT SIZE-QUALIFIED DEVELOPMENT OVERLAY ZONE (R-I- 0.5-Q) AND OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED EAST OF COLLEGE BOULEVARDANDSOUTHOFFUTURE CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: HOLLY SPRINGS CASE NO.: zc 00-09 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map marked Exhibit “ZC 00-09,” dated October 20, 2004, attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5758 constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 7th day of December , 2004, and thereafter Ill Ill ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the , 2004, by the following vote, to wit: day of AYES: NOES: ABSENT: ABSTAl N : APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- 8 ZC 00-09 - Holly Springs October 20,2004 Property From: A. 168-050-07,493' L-C B. 168-050-06 L-C \\\ ii I! U To: R-1-0.5-Q & OS os I i / /'/ \ // \ I ,/) ' c - . . - -. PROPOSED I Related Case File No(s): EIR 02-021LFMP 15(C)/GPA 00-06/CT 00-211HDP 00- I I ' Attach additional'pages if necessary 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. 2004-386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA CERTIFYING ENVIRONMENTAL FINDINGS OF FACT, THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CANTARINVHOLLY SPRINGS JOINT EIR, AND APPROVING THE ZONE 15 LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT FOR THE CANTARlNl RANCH AND HOLLY SPRINGS DEVELOPMENT PROPOSALS GENERALLY LOCATED NORTH OF EL CAMINO REAL AND EAST OF THE COLLEGE BOULEVARD AND CANNON ROAD INTERSECTION WITHIN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: CANTARINVHOLLY SPRINGS IMPACT REPORT EIR 02-02, ADOPTING THE CANDIDATE CASE NO.: EIR 02-02/LFMP 15(C) The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on October 20, 2004, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Environmental Impact Report (EIR 02-02) and Zone 15 Local Facilities Management Plan Amendment (LFMP 15(C)), and adopted Planning Commission Resolutions No. 5749 and 5750 respectively, recommending to the City Council that EIR 02-02 and LFMP 15(C) be approved; and adopted Planning Commission Resolutions No. 5753, 5754, 5755, 5759 and 5760 respectively, recommending approval of CT 00-1 8, SDP 01 -1 0 and HDP 00-09 for Cantarini; and'CT 00-21 and HDP 00-1 2 for Holly Springs subject to the City Council certification of EIR 02-02, adoption of the Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program, and approval of LFMP 15(C); and WHEREAS, the City Council of the City of Carlsbad, did on the 7th 9 day of December all persons interested in or opposed to EIR 02-02 and LFMP 15(C); and , 2004, hold a public hearing to consider the recommendations and heard WHEREAS, a Draft Environmental Impact Report (DEIR) was prepared and submitted to the State Clearinghouse and a Notice of Completion filed, published, and mailed to responsible agencies and interested parties providing a 45-day review period. 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, sections of the DElR were revised and submitted to the State Clearinghouse for recirculation, and a Notice of Completion filed, published, and mailed to responsible agencies and interested parties providing a 45-day review period for the re- circulated DElR sections. WHEREAS, all comments received during the review periods are contained in the Final EIR as well as the responses to comments on the unaltered sections of the Draft EIR and the re-circulated sections of the DEIR. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Environmental Impact Report (EIR 02-02) on the above referenced project is certified and that the Candidate Findings of Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program are approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 5749, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. That the recommendation of the Planning Commission for the approval of the Zone 15 Local Facilities Management Plan Amendment (LFMP 15(C)) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 5750, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. “NOTICE TO APPLICANT” “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of proceedings shall be filed with the City Clerk, City of Carlsbad, I200 Carlsbad Village Drive, Carlsbad, California 92008.” -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This resolution shall be effective upon its adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 7th day of December , 2004, by the following vote, to wit: AYES: Council Members Lewis, Finnila, nail and Packard. dLd. NOES: None ABSENT: Council Member Kulchin. ATTEST: 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 RESOLUTION NO. 2004-387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A GENERAL PLAN AMENDMENT, TENTATIVE TRACT MAP, SITE DEVELOPMENT PLAN, AND HILLSIDE DEVELOPMENT PERMIT FOR THE CANTARlNl RANCH PROJECT GENERALLY LOCATED NORTH OF EL CAMINO REAL AND EAST OF THE COLLEGE BOULEVARD AND CANNON ROAD INTERSECTION WITHIN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: CANTARlNl RANCH CASE NO.: GPA 01 -09/CT 00-1 8/SDP 01 -1 01 HDP 00-09 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on October 20, 2004, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed General Plan Amendment (GPA 01-09), Tentative Tract Map (CT 00-18), Site Development Plan (SDP 01-10), Hillside Development Permit (HDP 00-09), and adopted Planning Commission Resolutions No. 5751, 5752, 5753, 5754, and 5755 respectively, recommending to the City Council that GPA 01-09, CT 00-18, SDP 01-10, and HDP 00-09 be approved; and WHEREAS, the City Council of the City of Carlsbad, did on the 7th 9 day of December , 2004, hold a public hearing to consider the recommendations and heard all persons interested in or opposed to GPA 01-09, CT 00-18, SDP 01-10, and HDP 00-09; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: I. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of the General Plan Amendment (GPA 01-09) as shown in Planning Commission Resolution No. 5751, is hereby accepted, approved in concept and shall be formally approved in connection with General Plan Amendment Batch No.3 comprised of GPA 00-06, GPA 01-09, and GPA 04- 16. 3. That the recommendation of the Planning Commission for the approval of the Tentative Tract Map, Site Development Plan, and Hillside Development Permit is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 5753, 5754, and 5755, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. 13 .... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I “NOTICE TO APPLICANT” “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.” EFFECTIVE DATE: This resolution shall be effective upon its adoption, except as to the General Plan Amendment, which shall be effective thirty (30) days following its adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 7th day of December , 2004, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Hall xd Packzrd. NOES: None ABSENT: Counci1,Member Kulchin . I OOD, City Clerk (SEAL) -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 RESOLUTION NO. 2004-388 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A GENERAL PLAN AMENDMENT, TENTATIVE TRACT MAP, AND HILLSIDE DEVELOPMENT PERMIT FOR THE HOLLY SPRINGS PROJECT GENERALLY LOCATED NORTH OF EL CAMINO REAL AND EAST OF THE COLLEGE BOULEVARD AND CANNON ROAD INTERSECTION WITHIN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: HOLLY SPRINGS CASE NO.: GPA 00-06/CT 00-21/HDP 00-12 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on October 20, 2004, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed General Plan Amendment (GPA 00-06), Tentative Tract Map (CT 00-21), and Hillside Development Permit (HDP 00-12), and adopted Planning Commission Resolutions No. 5757, 5759, and 5760 respectively, recommending to the City Council that GPA 00-06, CT 00-21, and HDP 00-12 be approved; and WHEREAS, the City Council of the City of Carlsbad, did on the 7th I day of December , 2004, hold a public hearing to consider the recommendations and heard all persons interested in or opposed to GPA 00-06, CT 00-21 , and HDP 00-12; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of the General Plan Amendment (GPA 00-06) as shown in Planning Commission Resolution No. 5757, is hereby accepted, approved in concept and shall be formally approved in connection with General Plan Amendment Batch No. 3 comprised of GPA 00-06, GPA 01-09, and GPA 04- 16. 3. That the recommendation of the Planning Commission for the approval of the Tentative Tract Map and Hillside Development Permit is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 5759 and 5760, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. . . .. 15- .. 1 2 7 - 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “NOTICE TO APPLICANT” “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.” EFFECTIVE DATE: This resolution shall be effective upon its adoption, except as to the General Plan Amendment, which shall be effective thirty (30) days following its adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 7th day of December , 2004, by the following vote, to wit: AYES: NOES: None Council Members Lewis, Finnila, Ikll and Packard. / ATTEST: -2- EXHIBIT 6 ' SITE CANTARINI RANCH/HOLLY SPRINGS EIR 02-02/LFMP 15(C) CANTARlNl RANCH: GPA 01-09/ZC 00-05/CT 00-1 8/ SDP OI-lO/HDP 00-09 HOLLY SPRINGS: GPA OO-O6/ZC 00-09/CT 00-21/HDP 00-1 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 EXHIBIT 7 PLANNING COMMISSION RESOLUTION NO. 5749 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF AN ENVIRONMENTAL IMPACT HOLLY SPRINGS DEVELOPMENT PROPOSALS, RECOMMENDING ADOPTION OF THE CANDIDATE FINDINGS OF FACT, A STATEMENT OF OVERRTDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM ON PROPERTY GENERALLY LOCATED NORTH OF EL CAMINO REAL AND EAST OF MENT ZONE 15. CASE NAME: CANTARINUHOLLY SPRINGS JOINT EIR REPORT, EIR 02-02, FOR THE CANTARINI RANCH AND COLLEGE BOULEVARD IN LOCAL FACILITIES MANAGE- CASE NO.: EIR 02-02 WHEREAS, Bentley Monarch LLC, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by The Bentley-Monarch Joint Venture; Holly Springs, Ltd.; and Rancho Carlsbad Partners “Owners,” described as That portion of Lot “B” in Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County on November 16,1896, described in a Grant Deed recorded July 9, 1962 as FileRage No. 116406 of Official Records. Except therefrom that portion thereof described in a Grant Deed recorded November 19, 1965 as FileRage No. 210231 of Official Records. Also including portions of Lot “D” and “E” of said Map No. 823, described in a Grant Deed recorded September 7,1995, as Doc. # 1995-00100176 of Official Records. Also including a portion of Lot “B” of said Map No. 823, described in a Grant Deed recorded September 7,1995, as Doc. # 1995-0398027 of Official Records (“the Property”); and WHEREAS, an Environmental Impact Report (EIR 02-02) was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 20th day of October, 2004, hold a duly noticed public hearing as prescribed by law to consider said request; and 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, at said public hearing, upon hearing and considering all testimony and arguments, examining the EIR, Findings, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the EIR. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: That the foregoing recitations are true and correct. That the Final Environmental Impact Report consists of the Final Environmental Impact Report, EIR 02-02, dated October 20, 2004, appendices, written comments and responses to comments, as amended to include the comments and documents of those testifying at the public hearing and responses thereto hereby found to be in good faith and reason by incorporating a copy of the minutes of said public hearing into the report, all on file in the Planning Department incorporated by this reference, and collectively referred to as the “Report.” That the Environmental Impact Report EIR 02-02, as so amended and evaluated is recommended for acceptance and certification as the final Environmental Impact Report and that the final Environmental Impact Report as recommended is adequate and provides reasonable information on the project and all reasonable and feasible alternatives thereto, including no project. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS CERTIFICATION of the Environmental Impact Report, EIR 02-02; RECOMMENDS ADOPTION of the Candidate Findings of Fact (“CEQA Findings”), and the Statement of Overriding Considerations (“Statement”), attached hereto marked as Exhibit “EIR-A” and incorporated by this reference; and of the Mitigation Monitoring and Reporting Program (“Program”), attached hereto marked as Exhibit “EIR- B” and incorporated by this reference; based on the following findings and subject to the following conditions. 1. The Planning Commission of the City of Carlsbad does hereby find that the Final EIR 02-02, the Candidate Findings of Fact, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad. 19 PC RES0 NO. 5749 -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 2. 3. 4. 5. 6. 7. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered Final EIR 02-02, the environmental impacts therein identified for this project; the Candidate Findings of Fact (“Findings” or “CEQA Findings”) and the Statement of Overriding Considerations attached hereto as Exhibit “EIR-A,” and the Mitigation Monitoring and Reporting Program (“Program”) attached hereto as Exhibit “EIR-B,” prior to RECOMMENDING APPROVAL of this project. The Planning Commission finds that Final EIR 02-02 reflects the independent judgment of the City of Carlsbad Planning Commission. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings (Exhibit “EIR-A”), including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. The Planning Commission hereby finds that the Program (Exhibit “EIR-B”) is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. Although certain significant or potentially significant environmental effects caused by the project will remain, even after the adoption of all feasible mitigation measures and any feasible alternatives, there are specific economic, social and other considerations that render the unavoidable significant adverse environmental effects acceptable, as set forth in the Statement. The Record of Proceedings for this project consists of the Report, CEQA Findings, Statement and Program; all reports, applications, memoranda, maps, letters and other planning documents prepared by the planning consultant, the project Applicant, the environmental consultant, and the City of Carlsbad that are before the decision makers as determined by the City Clerk; all documents submitted by members of the public and public agencies in connection with the EIR; minutes of all public meetings and public hearings; and matters of common knowledge to the City of Carlsbad which they may consider, including but not limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance, and Local Facilities Management Plan which may be found at 1200 Carlsbad Village Drive in the custody of the City Clerk, and 1635 Faraday Avenue in the custody of the Director of Planning. Conditions: 1. The Developer shall implement the mitigation measures described in Exhibit “EIR- B,” the Mitigation Monitoring and Reporting Program, for the mitigation measures and monitoring programs applicable to development of the Cantarini Ranch and the Holly Springs development proposals. ... PC RES0 NO. 5749 9 -3- 1 2 3 4 5 6 7 8 9 10 11 12 I? 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of October 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: H. WHITTON, Chairperson' CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5749 -4- EXHIBIT “EIR-A” CITY OF CARLSBAD RESOLUTION NO. 5749 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS OF FACT (PUBLIC RESOURCES CODE $21081 CEQA GUIDELINES $15091) - and STATEMENT OF OVERRIDING CONSIDERATIONS (CEQA GUIDELINES $15093) for the FINAL ENVIRONMENTAL IMPACT REPORT (EIR 02-02) CANTARINUHOLLY SPRINGS DEVELOPMENTS (SCH NO. 2002101081) ~~ CEQA Findings of Fact CantarinilHolly Springs Developments And Statements of Overriding Considerations 1 1011 3/2W 1 .O Introduction The Final Environmental Impact Report (hereafter “Final EIR” or “FEIR’) has been prepared pursuant to the California Environmental Quality Act (CEQA) to address the potential environmental effects of the Cantarini and Holly Springs developments and associated actions (hereafter “Proposed Projects”) and considered by the City of Carlsbad (City) in connection with its public consideration of requested approvals for the proposed project. The full scope of the proposed project and associated approvals are more detailed in Section 1.3 below. The Cantarini Tentative Map (Cantarini) proposes development of 105-single-family units and 80 multiple family units on approximately 156.72 acres. One lot would be developed with 80 multiple-family units on 6.2 1 acres. Grading for residential and roadway uses would be completed on 96.58 acres of the site. Within the Cantarini project, a total of 59.1 acres would be placed under a conservation easement as permanent open space. The Holly Springs Tentative Map (Holly Springs) would create 43 single-family residential lots on 0.5-acre lots over approximately 39.83 acres of the 119.85-acre property. Within the Holly Springs project area approximately 60.72 acres would be placed under a conservation easement as permanent open space. The FEIR also analyzed the environmental effects of a range of project alternatives as well. The FEIR and its separately bound technical appendices are incorporated herein by reference as though hlly set forth. 1.1 PURPOSE OF CEQA FINDINGS: TERMINOLOGY CEQA Findings play an important role in the consideration of projects for which an EIR is prepared. Under Public Resources Code (PRC) $2 108 1 and Guidelines for California Environmental Quality Act (CEQA Guidelines) $15091, where an FEIR identifies one or more significant environmental effects, a project may not be approved until the public agency makes written findings supported by substantial evidence in the administrative record as each of the significant effects. In turn, the three possible findings specified in CEQA Guidelines 6 15091 (a) are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. In turn, CEQA Guidelines $15092(b) provides that no agency shall approve a project for which an EIR was prepared unless either: CEQA Findings of Fact And Statements of Overriding Considerations 2 10/13/2004 Cantarini/Holly Springs Developments 523 (1) The project as approved will not have a significant effect on the environment, or (2) The agency has: (a) Eliminated or substantially lessened all significant effects where feasible as shown in the findings under $ 1509 1, and (b) has determined that any remaining significant effects on the environment found to be unavoidable under $15091 are acceptable due to ovemding concerns as described in $15093. Based on the foregoing, the CEQA Guidelines do not provide a bright distinction between the meaning of “avoid” or “substantially lessen”. The applicable CEQA Guidelines are based on PRC $21081, which uses the phrase “mitigate or avoid”, and hence it is generally considered that to “avoid” is to include changes or alterations that result in the significant effect being reduced to below a level of significance. In contrast, the phrase “substantially lessen” is used to describe changes or alterations that materially reduce the significant effect, but not below a level of significance, thus, while mitigated, the effect remains significant. These Findings will distinguish, for the purposes of clarity, between effects that have been “avoided” (thereby reduced below a level of significance) and those that have been “substantially lessened” (and thus remain significant.) In combination with the mitigation and monitoring program discussed immediately below, the following Findings and Statement of Overriding Considerations are binding obligations of the Proposed Projects to implement all required mitigation measures. 1.2 PURPOSE AND LEGAL AUTHORITIES The California Environmental Quality act (hereafter “CEQA”) was adopted in 1970 and is codified in PRC $21000 et.seq. CEQA is an important environmental law applicable to most public agency decisions to carry out, authorize, or approve projects that could have adverse effects on the environment. CEQA does not directly regulate project implementation or approvals through substantive standards or prohibitions, but rather CEQA generally requires only that agencies inform themselves about the potential environmental effects of a proposed project, carehlly consider all pertinent environmental information effects of a proposed project, carefully consider all pertinent environmental information before they act, provide the public an opportunity to review and comment on any environmental issues, and include conditions or other requirements to avoid or reduce potential significant adverse effects of the project or action when feasible. - The City has codified environmental protection procedures implementing CEQA and the State administrative guidelines issued pursuant to CEQA in the Carlsbad Municipal Code, chapter 19.04. Chapter 19.04 provides for the protection and enhancement of the environment by establishing principles, objectives, criteria, definitions and procedures for evaluation of both public and private projects, implementing CEQA and the CEQA Guidelines and providing for the preparation and evaluation of environmental documents in accordance therewith. The City’s consideration of Findings of Fact and a Statement of Overriding Considerations are key steps in the process of CEQA Findings ofFact And Statements of Overriding Considerations 3 10/13/2004 CantariidHolly Springs Developments considering the approval of the Proposed Projects while concurrently protecting and enhancing the environment. The applicable standards and scope of the city’s responsibilities are detailed in the following excerpts from the state CEQA guidelines (California Code of Regulations, Title 14, Chapter 3, 6 15000 et. seq.; hereafter “Guidelines 0 15000”). CEQA Guidelines 15040. Authority Provided By CEQA. (a) CEQA is intended to be used in conjunction with discretionary powers granted to public agencies by other laws. (b) CEQA does not grant an agency new powers independent of the powers granted to the agency by other laws. (c) Where another law grants an agency discretionary powers, CEQA supplements those discretionary powers by authorizing the agency to use the discretionary powers to mitigate or avoid significant effects on the environment when it is feasible to do so with respect to projects subject to the powers of the agency. Prior to January 1 , 1983, CEQA provided implied authority for an agency to use its discretionary powers to mitigate or avoid significant effects on the environment. Effective January 1, 1983, CEQA provides express authority to do so. (d) The exercise of the discretionary powers may take forms that had not been expected before the enactment of CEQA, but the exercise must be within the scope of the power. (e) The exercise of discretionary powers for environmental protection shall be consistent with express or implied limitations provided by other laws. CEQA Guidelines 515041. Authority To Mitigate. Within the limitations described in 0 15040, (a) A lead agency for a project has authority to require feasible changes in any or all activities involved in the project in order to substantially lessen or avoid significant effects on the environment, consistent with applicable constitutional requirements such as the “nexus” and “rough proportionality” standards established by case law (1987)(Nollan v. California Coastal Commission 483 U.S. 825; Dolan v. City of Tigard, (1994) 512 U.S. 374; Ehrlich v. City of CuEver City, (1996) 12 Cal. 4th 854.). - (b) When a public agency acts as a responsible agency for a project, the agency shall have more limited authority than a lead agency. The responsible agency may require changes in a project to lessen or avoid only the effects, either direct or indirect, of that part of the project which the agency will be called on to carry out or approve. CEQA Findings of Fact And Statements of Overriding Considerations 4 1011 312004 Cantarini/Holly Springs Developments (c) With respect to a project which includes housing development, a lead or responsible agency shall not reduce the proposed number of housing units as a mitigation measure. or alternative to lessen a particular significant effect on the environment if that agency determines that there is another feasible, specific mitigation measure or alternative that would provide a comparable lessening of the significant effect. CEQA Guidelines 915042. Authority To Disapprove Projects. A public agency may disapprove a project if necessary in order to avoid one or more significant effects on the environment that would occur if the project were approved as proposed. A lead agency has broader authority to disapprove a project than does a responsible agency. A responsible agency may refuse to approve a project in order to avoid direct or indirect environmental effects of that part of the project that the responsible agency would be called on to carry out or approve. For example, an air quality management district acting as a responsible agency would not have authority to disapprove a project for water pollution effects that were unrelated to the air quality aspects of the project regulated by the district. CEQA Guidelines 515043. Authority To Approve Projects Despite Significant Effects. A public agency may approve a project even though the project would cause a significant effect on the environment if the agency makes a fully informed and publicly disclosed decision that: (a) There is no feasible way to lessen or avoid the significant effect (see $15091); and (b) Specifically identified expected benefits from the project outweigh the policy of reducing or avoiding significant environmental impacts of the project. (See $ 15093.) CEQA Guidelines $15090. Certification Of the Final EIR. (a) Prior to approving a project the lead agency shall certify that: (1) The Final EIR has been completed in compliance with CEQA; (2) The Final EIR was presented to the decision-making body of the lead agency And that the decision-making body reviewed and considered the information Contained in the Final EIR prior to approving the project; and (3) The Final EIR reflects the lead agency’s independent judgment and analysis. (b) When an EIR is certified by a non-elected decision-making body within a local CEQA Findings of Fact And Statements of Overriding Considerations 5 1011 312004 Cantarini/Holly Springs Developments lead agency, that certification may be appealed to the local lead agency’s elected decision-making body, if one exists. For example, certification of an EIR for a tentative subdivision map by a city’s planning commission may be appealed to the city council. Each local lead agency shall provide for such appeals. . CEQA Guidelines §15091. Findings. The purpose of this resolution is to adopt the findings required by this CEQA Guidelines section and the underlying California PRC $201 81. (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (2) Such changes or alterations are within the’ responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. (b) The findings required by subsection in the (a) shall be supported by substantial evidence record. (c) The finding in subsection (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. . (d) When making the findings required in subsection (a)(l), the agency shall also adopt a program for reporting on or monitoring the changes, which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. CEQA Findings of Fact And Statements of Overriding Considerations CantaridHolly Springs Developments 6 1011 312004 (e) The public agency shall specifjr the location and custodian of the documents or other materials, which constitute the record of the proceedings upon which its decision is based. (0 A statement made pursuant to $15093 does not substitute for the findings required by this section. CEQA Guidelines 515364. Feasible Findings Of Facts Feasible means capable of being accomplished in a successful manner within a reasonable period of time taking into consideration economic, environmental, legal, social and technological factors. Feasibility must also be considered in the context of alternatives, which obtain most of the basic objections of the project, but would avoid and substantially lessen any significant effects of the project. See CEQA Guidelines $15 126.6(a). CEQA Guidelines 515092. Approval. (a) After considering the final EIR and in conjunction with making findings under $15091, the lead agency may decide whether or how to approve or carry out the project . (b) A public agency shall not decide to approve a project for which an EIR was prepared unless either: (1) The project as approved will not have a significant effect on the environment, or (2) The agency has: (a) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in findings under $ 1509 1 , and (b) Determined that any remaining significant effects on the environment found to be unavoidable under $ 1509 1 are acceptable due to overriding concerns as described in $ 15093. - (c) With respect to a project which includes housing development, the public agency shall not reduce the proposed number of housing units as a mitigation measure is if it determines that there is another feasible mitigation measure available that will provide a comparable level of mitigation. CEQA Findings of Fact And Statements of Overriding Considerations CantarinilHolly Springs Developments 7 IO/] 3/2004 a8 1.3 ENVIRONMENTAL IMPACT REPORT PROCESS In accordance with CEQA, the Guidelines and chapter 19.04 of the Carlsbad Municipal Code, the City considered an Initial Study for the Proposed Projects. Based on the Initial Study, the City concluded that the Proposed Projects could have a significant impact on the environment and that preparation of an EIR was necessary and issued its Notice of Preparation (“NOP”) on October 23, 2002. The NOP was distributed to all responsible and trustee agencies, as well as other agencies and members of the public. A number of written responses were received, and the City held a public scoping meeting in order to increase opportunities for public input. The scoping session took place on October 23, 2002 at the Faraday Community Development Building. At the scoping session, the public was invited to comment on the scope and content of the EIR. Comments were received at the scoping session and considered in both verbal and written form. A detailed “EIR 02-02” CantarinilHolly Springs EIR scope of work letter” dated June 20,2002 establishing the details of the EIR requirements was developed by the City. A copy of the Initial Study, NOP, and the written comments received in response to the NOP and public scoping session are included in Appendix A to the Final EIR. The City “scope of work” letter, after consideration of the Initial Study, scoping session comments and other comments on response to the NOP, identified the need and instructed the draft EIR to analyze the potential for environmental impacts associated with the following substantive potential impact areas in the Environmental Impact Analysis: Section: Agricultural Resources Air Quality Archaeological and Paleontological Resources Biological Resources Geology/Soils Hazards and Hazardous Materials Land Use Compatibility Noise PopulationEIousing Public Services and Utilities Transportation/Circulation Visual AesthetidGrading HydrologyNater Quality Additionally, the Draft EIR was directed to include other CEQA substantive sections including executive summary, project description, cumulative effects, effects found not to be significant, growth inducing effects and alternatives. The Draft EIR for the CantaridHolly Springs Development was circulated for public review for a period of 45 days, which started on June 12,2003 and ended on July 28,2003. At the request of the U.S. Fish and Wildlife Service, the review period was extended an additional two weeks through August 12,2003. The Draft EIR was distributed to a variety of public agencies and individuals. CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 8 1011 312004 a9 Following circulation of the Draft EIR for CantaridHolly Springs Development (June 2003), the applicant made modifications to the project design based on comments received during public review of the Draft EIR and in response to comments from local, state, and federal responsible agencies. These modifications resulted in the need for revisions to the project impact analysis and mitigation measures presented in the previously circulated Draft EIR. Due to the proposed revisions, portions of the Draft EIR were recirculated for public review in accordance with 0 15088.5(a) of the California Environmental Quality Act (CEQA) Guidelines which states that: “A lead agency is required to recirculate an EIR when signijkant new information is added to the EIR afterpublic notice is given of the availability of the draft EIR for public review under $1 5087 but before certification.” In this instance, the new information was considered significant because “A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce any impact to a level of insignificance.” [CEQA Guidelines, 0 15088.5(a)(2)] Based on their review of the potential impacts that could occur as a result of the project design modifications, the City determined that the Land Use, Biological Resources, and HydrologylWater Quality sections of the Draft EIR required recirculation. The City also determined that the project modifications did not necessitate significant changes to the analysis, significance conclusions, or mitigation measures in the other sections of the Draft EIR. Therefore, in accordance with §5088.5(c) of the CEQA Guidelines, which states: “Ifthe revision is limited tu a few chapters orportions of the EIR, the lead agency need only recirculate the chapters or portions that have been modzjied, ” the recirculated Draft EIR included the three sections affected by the modifications. To accommodate public review of the recirculated EIR sections, a revised project description was also included. The Recirculated Draft Environmental Impact Report (Recirculated Draft EIR) for the CantarinVHolly Springs Development was circulated for public review for a period of 45 days, which started on June 23, 2004 and ended on July 19, 2004. At the request of the USFWS, the review period was extended to July 23, 2004. The Recirculated Draft EIR was distributed to a variety of public agencies and individuals. The City invited comments on the recirculated sections of the Draft EIR included in the Errata only. In accordance with $15088.5(f)(2)(ii) of the CEQA Guidelines: (‘The lead agency need only respond to ... (ii) comments received during the recirculation period that relate to the chapters or portions of the etarlier EIR that were revised and recirculated.” Therefore, the City did not consider or respond to comments regarding chapters not submitted for recirculation. Also, although the comments received on the previously circulated Draft EIR are part of the administrative record, the City was not required to respond to past comments received on the sections analyzed in the recirculated Draft EIR. Any previous comments on the recirculated sections were reevaluated to address the new information and were submitted in accordance with CEQA Guidelines, 6 15088.5(f)( 1): “the previous comments do not require a written response in the final EIR, and new comments must be submitted for the revised EIR. ” The City has considered, and responded to, the comments regarding the unaltered sections of the Draft EIR previously circulated. Responses to comments received on the unaltered sections of the previously circulated Draft EIR, and those received on the section included in the Errata, are included in the Final EIR. - CEQA Findings of Fact And Statements of Overriding Considerations can tar-ini/Holly Springs Developments 9 1011 312004 1.4 PROIECT DESCRIPTION The project entails the development of two residential subdivisions adjacent to one another on approximately 276.57 acres in the northeastern quadrant of the City. Cantarini Xantarini proposes development of 105-single-family units and 80 multiple family units on approximately 156.72 acres. One lot would be developed with 80 multiple family units on 6.21 acres. Grading for residential and roadway uses would be completed on 96.58 acres of the site. Within the Cantarini project, a total of 59.1 acres would be placed under a conservation easement as permanent open space and a total of 1 .OO acres would consist within two remainder parcels. Holly Springs - Holly Springs proposes development of 43 single-family residential lots on 119.85 acres. A total of 43 single-family residences would be developed on 0.5-acre lots over approximately 39.83 acres of the 119.85-acre property. Within the Holly Springs project, a total of 60.72 acres would be placed under a conservation easement as permanent open space and a total of 19.30 acres would consist of a remainder parcel. 1.5 DISCRETIONARY ACTIONS The following discretionary actions would be required in order to implement the proposed project. General Plan Amendment - A General Plan Amendment (GPA) for the City of Carlsbad General Plan is required in order to reflect a transfer of density to the affordable housing site, to define the single-family residential areas, and to designate open space areas for conservation in accordance with the draft HMP. A GPA is proposed on the remainder parcel to Open Space-Category 1. A Category 1 open space designation would limit the uses on the remainder parcel to open space for preservation of natural resources. Zone Change - Cantarini will require a Zone Change from Limited Control (L-C) and Residential Agriculture (R-A- 10,000) to One-Family ,Residential, 0.5 acre minimum lots (R- 1 -0.5-Q) for the single-family residential areas; Residential Density-multiple (RD-M-Q) for the multifamily site; and Open Space (OS). Holly Springs will require a Zone Change from L-C to R-1-0.5-Q and OS to reflect the new boundaries of residential development and open space. The underlying zoning on the remainder parcel would also be changed to OS. Local Facilities Management Plan (LFMP) Amendment for Zone 15 - Pursuant to the requirements of the City of Carlsbad’s Growth Management Program, Title 2 1, Chapter 21.90 of the Municipal Code, an amendment to LFMP Zone 15 is being proposed in conjunction with the development proposal. The amended LFMP will describe all public facilities requirements and set forth the timing of installation and financing for all public facilities within LFMP Zone 15. This amendment will take into consideration the added presence of single-family and multifamily residential development on the site and will redefine the public facilities requirements, timing of installation, and terms of financing for all public facilities within the zone. And Statements of Overriding Considerations CEQA Findings of Fact Can tarin i/Holly Springs Developments 10/13/2004 10 Tentative Maps - Separate Tentative Maps are proposed for the Cantarini and Holly Springs projects. See detailed discussions of both Tentative Maps under Sections 2.2.1 and 2.2.2 of this chapter. , Adjustment Plat/Boundary Adjustment - This application includes a three-way boundary adjustment that will facilitate the exchange of (a) Cantarini land west of College Boulevard for Rancho Carlsbad Partners land east of College Boulevard, and (b) Cantarini land north of “C” Street for Holly Springs Ltd. Land south of “C” Street and the multifamily site. Site Development Plan - Pursuant to the requirements of 921.53.120 of the Carlsbad Municipal Code, a Site Development Plan is required to review the proposed multifamily affordable housing project. Review of the multifamily site will be included with the Cantarini development proposal. Hillside Development Permits - Proposed grading within the project area must be conducted in conformance with the City of Carlsbad’s Hillside Development Ordinance. Floodplain Special Use Permits - A Floodplain Special Use Permit is required prior to the commencement of construction or development within any area of special flood hazards, flood- related erosion hazards or mudslide hazards, as established in 921.1 10.070 of the City of Carlsbad Municipal Code. A Floodplain Special Use Permit will be required for proposed encroachments in the floodplain where College Boulevard crosses Agua Hedionda Creek. The projects may also require the action of State of California or United States agencies. Such actions include, but are not limited to, the granting of U.S. Army Corps of Engineers Section 404 Permits and California Department of Fish and Game (CDFG) Section 1600 and 1603 Permits, and U.S. Fish and Wildlife Service (USFWS) Section 7 Consultation and Regional Water Quality Control Board (RWQCB) 40 1 Certification. 1.6 ENVIRONMENTAL SETTING The Cantarini and Holly Springs subdivision project sites consist of approximately 276.57 acres located in the northeast quadrant of the City of Carlsbad. Carlsbad is a coastal community in the northwestern corner of San Diego County, lying approximately 35 miles north of downtown San Diego and approximately 90 miles south of downtown Los Angeles. The two proposed development sites are irregularly shaped parcels that lie adjacent to one another, with Holly Springs bordering Cantarini to the north. The sites lie within the Peninsular Ranges geomorphic province of southern California. Their general location is north of El Camino Real, east of Tamarack Avenue, west of the City of Oceanside, and south of undeveloped land belonging to the State and various private landowners. The two project sites are located within the City’s LFMP Zone 15. A majority of the property is located within the Sunny Creek Specific Plan Area, which was adopted in 1985 by the City Council CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 11 I 0/13/2004 3a as part of the Carlsbad General Plan. Both sites contain areas of native, undisturbed vegetation and have been partly included in Proposed Hardline Preserve Areas within Zone 15 as defined in the HMP for. Natural Communities in the City of Carlsbad. McClellan-Palomar Airport is located approximately 1.1 miles southwest of the Cantarini site, but both project sites lie outside this facility’s influence area. Cantarini - The Cantarini project site is totals approximately 156.72 acres in area. The site is bordered to the east by a large parcel of private, undeveloped property owned by the Mandana Company. Bordering the Cantarini site to the west is the future alignment of College Boulevard, across from which lies property of the Rancho Carlsbad Partners. Rancho Carlsbad Estates Mobile Home Park is located fbrther west of the project site, along with an eighteen-hole golf course associated with this park. Parcels of private land owned by Lubliner, Barlow, and VIXA Investments are located to the south of the Cantarini site. Much of the land on the adjacent properties is being used or has recently been used for agricultural purposes. Agua Hedionda Creek traverses land to the south of the Cantarini site in a westerly direction before emptying into Agua Hedionda Lagoon, which has been designated as state preserve land by the CDFG. The topography of the Cantarini project site is characterized by steep hillsides and ravines in the northeastern and northwestern portions of the site, and gently sloping hills and valleys in the central and southern portions of the site. The overall trend of the slope is from north to south, with drainages generally emptying into Agua Hedionda Creek. Much of the western portion of the Cantarini project site has been disturbed and is being used for agriculture. The eastern portion of the project site possesses a mixture of agricultural lands and native habitat. Three small canyons contained in the eastern portion of the property converge at a small pond that is sited toward the center of the southern portion of the site. An earthen, evidently man-made dam contains the pond. Man-made structures on the property include a single-family residence and several buildings associated with the site’s fanning activities. Farm equipment is also visible throughout the site. Holly Springs - The Holly Springs site totals approximately 119.85 acres in area. Bordering the Holly Springs site to the north are undeveloped parcels of land belonging to the State of California, Carlsbad Unified School District (CUSD), and Carlsbad Homeowners Association (HOA). The future planned alignment of Cannon Road will dissect these adjacent parcels and will lie approximately 500 feet to the north of the Holly Springs site. Bordering the Holly Springs site to the west is undeveloped CUSD property, Rancho Carlsbad HOA property, and the Rancho Carlsbad Estates Mobile Home Park’s RV storage area and garden area. Leisure Village Ocean Hills, a single-family residential subdivision of the City of Oceanside, is located to the east of the site. The topography of the Holly Springs project site is characterized by rolling hills, ridges, and natural drainages that trend in an overall westerly direction. Prominent granite outcroppings are visible throughout the site. Three natural springs exist on site; one in the south-central portion, one in the portion, and one in the northwest portion of the site. The on-site drainages and the groundwater gradient generally trend in a southwesterly direction toward Agua Hedionda Creek, which traverses land to the south of the site before eventually emptying into Agua Hedionda Lagoon. CEQA Findings ofFact And Statements of Overriding Considerations Carztarini/Holly Springs Developments 12 IO/] 312004 33 For the most part, the Holly Springs site is undisturbed and covered by native vegetation. A small piece of land in the southwestern portion of the property is being used for agriculture. Several man- made structures and vehicles associated with the agricultural land are evident in the southcentral portion of the site, as well as a minimal amount of debris. Additionally, an earthen dam and dirt road have been constructed to span a ravine near the northwestern portion of the property. 1.7 MITIGATION MONITORING PROGRAM Pursuant to PRC 521081.6, the City has adopted the Mitigation Monitoring and Reporting Program for the Cantarini/Holly Springs Developments (MMRP). A copy of the MMRP, is included as Attachment B to this Resolution and incorporated herein by this reference. The MMRP is designed to assure that all mitigation measures presented in the EIR and hereafter disclosed are properly implemented in a timely manner as the projects progress through their development, construction, and operational phases. Compliance with the MMRP is a condition of any City approvals regarding the Proposed Projects. 1.8 RECORD OF PROCEEDINGS For all purposes of CEQA compliance, including these Findings of Fact and Statement of Overriding Considerations, the administrative record of all City proceedings and decisions regarding the environmental analysis of the Proposed Projects shall include the following: The Draft EIR, Recirculated Draft EIR, and Final EIR for the Proposed Projects, together with all appendices and technical reports referred to therein, whether separately bound or not; All reports, letters, applications, memoranda, maps, or other planning and engineering documents prepared by the City, planning consultant, environmental consultant, project applicant, or others presented to or before the decision-makers as determined by the City Clerk; All letters, reports, or other documents submitted to the City by members of the public or public agencies in connection with the City’s environmental analysis on the Proposed Projects; All minutes of any public workshops, meetings, or hearings, including the scoping sessions, and any recorded or verbatim transcriptshideotapes thereofi Any letters, reports, or other documents or other evidence submitted into the record at any public workshops, meeting, or hearings; and Matters of common general knowledge to the City that they may consider, including applicable State or local laws, ordinances, and policies, the General Plan and all applicable planning programs and policies of the City. The custodian of the full administrative record shall be the City Clerk’s Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. CEQA Findings of Fact And Statements of Overriding Considerations 13 10/13/2004 Cantarini/Holly Springs Developments 2.0 Findings of Significant Impacts, Required Mitigation Measures, and Supporting Facts As identified in the Draft EIR, the Recirculated Draft EIR, and the Final EIR, the Cantarini project would result in significant environmental impacts with respect to Land Use Compatibility, Biological Resources, Air Quality, Noise, Hydrology/Water Quality, Geology/Soils, Hazards and Hazardous Materials, and Archeological and Paleontological Resources; and the Holly Springs project would result in significant environmental impacts with respect to Biological Resources, Air Quality, HydrologybVater Quality, Geology/Soils, Hazards and Hazardous Materials, and Archeological and Paleontological Resources. 2.1 LAND USE COMPATIBILITY Cantarini 2.1.1 Consistency with Habitat Management Plan Impact - The projects both include a revision of the Habitat Management Plan (HMP) hardline preserve area boundaries. If only the Cantarini tentative map and the associated open space dedication were implemented, and the Holly Springs development was not implemented as proposed, revisions to the approved hardline preserve areas on the Cantarini project site would result in a net decrease of 1.86 acres from the approved hardline preserve area. The net decrease would be considered a significant inconsistency with the habitat preservation goals of the draft HMP. Finding - Pursuant to CEQA Guidelines 0 15091 (a)( l), changes or alterations have been required in or incorporated into the Cantarini project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance. Mitigation Measure LU-C-1: To ensure that the overall hardline preserve area is consistent with that anticipated by the draft HMP, the Cantarini project will be conditioned that if the Holly Springs project is not implemented as proposed an additional 1.86 acres must be dedicated as open space as a part of the Cantarini tentative map. The 1.86 acres must be of equal or better quality to the vegetation communities involved in the net habitat preserve area loss within the habitat preserve area on the Holly Springs project site, which consists of southern mixed chaparral (-0.19 acre), non-native grassland (-2.18 acres), freshwater marsh (- 0.44 acre), southern willow scrub (-0.43 acre), and coastal sage scrub (-0.91 acre). As an option to dedication of open space on the Holly Springs site 1.86 acres of habitat of equal or better quality to the vegetation communities involved in the net loss for the Cantarini project CEQA Findings of Fact And Statements of Overriding Considerations 14 10/13/2004 CantarinilHolly Springs Developments 35- 2.2 could be preserved offsite or additional restoration of those habitat types could occur on the Cantarini site. Factual Support and Rationale - Mitigation Measure LU-C-1 will ensure that the open space preservation objectives of the City’s Draft HMP are implemented and will reduce the impact to the draft HMP hardline preserve are to a level less than significant. The Draft Habitat Management Plan (draft HMP) for Natural Cormnunities was approved by the City of Carlsbad in 1999 with the intent of providing a “. . . comprehensive, citywide, program to identi@ how the City, in cooperation with federal and state wildlife agencies, can preserve the diversity of habitat and protect sensitive biological resources within the City while allowing for additional development consistent with the General Plan and Growth Management Plan. In so doing, the Plan is intended to lead to citywide permits and authorization for the incidental take of sensitive species in conjunction with private development projects, public projects, and other activities which are consistent with the Plan.” As a part of the planning process for the draft HMP, a citywide interconnected open space preserve system was identified. During development of the draft HMP, representatives for the Cantarini and Holly Springs properties submitted site designs showing anticipated open space and urban development areas on the site to the City. The site designs were incorporated into the draft HMP in 1999. Portions of both the Cantarini and the Holly Springs sites are identified as approved hardline preserve areas in the draft HMP. Both projects must be implemented as proposed to ensure that all of the open space anticipated in the approved hardline areas is preserved as anticipated in the HMP. If the Holly Springs project does not provide dedication of the open space preserve area currently proposed, the Cantarini project will be required to provide an additional 1.86 acres of open space preserve to be incorporated into the HMP so there will be no net decrease from the draft HMP hardline preserve area. Specific acreages and habitat types as set forth in Mitigation Measure LU-C-1 will ensure that the biological habitat preservation requirements of the draft HMP for the Cantarini project are met. BIOLOGICAL RESOURCES Cantarini 2.2.1 Direct Impacts to Upland Habitat Considered Significant Under CEQA Impact - Diegan coastal sage scrub, including disturbed Diegan coastal sage scrub and native grassland, are sensitive natural communities under CEQA. Impacts to these habitat types would be considered significant and require mitigation. Finding - Pursuant to CEQA Guidelines 0 1509 1 (a)( l), changes or alterations have been required in or incorporated into the Cantarini project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following CEQA Findings of Fact And Statements of Overriding Considerations 15 1011 312004 Cantarini/Holly Springs Developnzents 3G mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure BIO-C-1: Impacts to 5.90 acres of Diegan coastal sage scrub, including disturbed Diegan coastal sage scrub, will be mitigated at a 21 ratio by the on-site preservation of 5.64 acres as open space, and the conversion of 6.16 acres of non-native grassland to coastal sage scrub. Impacts to 1.54 acres of native grassland will be mitigated at a ratio of 3:l through the on-site preservation of 0.07 acre of native grassland and the conversion of 4.55 acres of non-native grassland to native grassland. Factual Support and Rationale - Mitigation Measure BIO-C-1 will reduce the significant direct impact to upland habitat to a less than significant level. Mitigation ratios set forth in Mitigation Measure BIO-C-1 are in accordance with the habitat mitigation requirements of the City draft HMP. The mitigation ratios required by the HMP are also generally accepted by the USFWS, which is the federal agency responsible for implementing the Endangered Species Act and determining if mitigation for habitat or vegetation communities impacted by development ensures the sustainability of endangered wildlife species. (In the event that the draft HMP is not adopted, the project applicant will be required to obtain an incidental take permit directly from the Wildlife Agencies, which will require mitigation as determined by such Wildlife Agencies.) Additionally, the Proposed Project will also preserve 58.93 acres of natural open space containing sensitive upland habitat in accordance with the draft HMP which identified the specific areas on the Cantarini site to be preserved as natural open space. 2.2.2 Direct Impacts to Wetland Habitat Impact - All wetland habitats are considered sensitive under CEQA. Impacts to freshwater marsh, southern willow scrub, mule fat scrub, and southern coast live oak riparian forest would be considered significant and would require mitigation. Finding - Pursuant to CEQA Guidelines $15091(a)(l), changes or alterations have been required in or incorporated into the Cantarini project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure BIO-C-2: Impacts to wetland communities, including freshwater marsh, southern willow scrub and southern coast live oak riparian forest will be mitigated at a 3: 1 ratio or the final mitigation ratios determined during state and federal permit negotiations, whichever are greater. The impacts shall result in no net loss of wetlands as provided in the draft HMP. Impacts to 0.55 acre of freshwater marsh shall be mitigated by the on-site creation of 1.65 %acres of freshwater marsh as open space. Impacts to 0.54 acre of southern willow scrub shall be mitigated by the on-site creation of 1.62 *acres of southern willow scrub as open space. Impacts to 0.43 acre of southern coast live oak riparian forest shall be mitigated by the on-site creation of B-acres of southern coast live oak CEQA Findings of Fact And Statements of Overriding Considerations 16 1011 912004 Cantarini/Hoily Springs Developments 37 riparian forest as open space. Impacts to 0.05 acre of mule fat scrub shall be mitigated by the onsite creation of 0.15 acre of mule fat scrub. Mitigation should include on-site creation of habitat at a 1 : 1 ratio. The remaining mitigation should be accomplished through additional on-site creation or enhancement of degraded habitat. If suitable on-site areas are not available, off site acquisition or payment into a mitigation bank may be accepted as an alternative. Factual Support and Rationale - Mitigation Measure BIO-C-2 will reduce direct impacts to wetland habitat to a level less than significant. Direct impacts to wetlands (as used herein, wetlands shall be inclusive of both USACE and the CDFG wetlands areas) are limited primarily to roadway crossings and grading for residential units in the southern portion of the site. Development of these areas was generally anticipated by the City draft HMP which identified hardline preserve areas for the Cantarini project. Due to the configuration of the wetlands onsite a roadway crossing of wetlands is necessary and was anticipated by the draft HMP to provide access for development planned along the southeastern border of the site. All impacts to wetlands onsite, would be mitigated in accordance with measures acceptable to the USACE and CDFG and measures required in the draft HMP to ensure a no-net loss of wetlands. The applicant will be required to obtain the necessary permits from the USACE, CDFG, and RWQCB for the proposed wetland impacts prior to initiating any grading on the site. The proposed wetland mitigation program identified in the FEIR and the Conceptual Mitigation and Monitoring Program developed by the applicant also require wetland creation and enhancement within the drainage areas that will be impacted by project development in accordance with mitigation ratios required by the draft HMP unless greater mitigation ratios are imposed by the state and federal wetland regulation programs. 2.2.3 Direct Impacts to Other Upland Habitat Considered Sensitive Under the Draft HMP Impact - Impacts to non-native grassland and southern mixed chaparral are considered significant by the City of Carlsbad and would require mitigation. Finding - Pursuant to CEQA Guidelines 0 15091 (a)( l), changes or alterations have been required in or incorporated into the Cantarini project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure BIO-C-3: Impacts to 0.19 acre of southern mixed chaparral will be mitigated at a ratio of 1:l through the on-site preservation of 0.59 acre of southern mixed chaparral as open space. Impacts to 3 1.57 acres of non-native grassland will be mitigated at a ratio of 0.5:l through the on-site preservation of 17.78 acres of non-native grassland and conversion of at least 10.71 acres to other native communities. Due to conversion of 10.71 acres to other native communities, mitigation will also include payment of an in-lieu mitigation fee as determined by the City of Carlsbad. CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/HolIy Springs Developments 17 I 0/19/2004 38 Factual Support and Rationale - Mitigation Measure BIO-C-3 will reduce direct impacts to specified upland habitat to a less than significant level. Mitigation ratios and in-lieu mitigation fees required for the project in Mitigation Measure BIO-C-3 are in accordance with the habitat mitigation requirements of the City draft HMP. If the draft HMP is not approved mitigation for non-native grassland and southern mixed chaparral will still be required. The Proposed Project also proposes preservation of 58.93 acres of natural open space containing sensitive upland habitat in accordance with the draft HMP which identified the specific areas on the Cantarini site to be preserved as natural open space. 2.2.4 Direct impacts to Agricultural Lands Impact - Impacts to agricultural lands are considered significant by the City of Carlsbad and would require mitigation. Finding - Pursuant to CEQA Guidelines $15091(a)(l), changes or alterations have been required in or incorporated into the Cantarini project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure BIO-C-4: Impacts to 66.45 acres of agricultural lands will be mitigated through the payment of an in-lieu mitigation fee as determined by the City of Carlsbad City Council . Factual Support and Rationale - The City draft HMP requires mitigation for loss of agricultural lands which provide some benefits to wildlife. The City has adopted an in-lieu mitigation fee consistent with Section E.6 of the draft HMP and City Council Resolution No. 2000-223 to find mitigation for certain categories of vegetation and animal species impacted by the loss of agricultural lands. The fee becomes effective following final approval of the HMP. Payment of such fee by the project applicant will reduce direct impacts to agricultural lands to a less than significant level. ' 2.2.5 Direct Impacts to Jurisdictional Wetlands and Non-wetland Waters Impact - Impacts to jurisdictional wetlands, non-wetland waters of the U.S., and drainage channels are considered significant by both USACE and CDFG and would require mitigation. Finding - Pursuant to CEQA Guidelines §15091(a)(l), changes or alterations have been required in or incorporated into the Cantarini project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: CEQA Findings of Fact And Statements of Overriding Considerations 18 IO/] 312004 Can tarin i/Holly Springs Developments 39 Mitigation Measure BIO-C-5: Impacts to wetland plant communities, as defined by USACE and CDFG, must be mitigated at a ratio of 3: 1. Accordingly, a total of 4.71 acres of wetland habitat shall be created andor enhanced to mitigate impacts to wetlands as follows:. a minimum of 1.57 acres shall be created and the remaining 3.14 acres may consist of created, revegetated, or enhanced degraded wetlands. Impacts to non-wetland jurisdictional waters of the U.S. shall be mitigated at a ratio of 1:l. Accordingly, impacts to 1.28 acres of USACE non-wetland waters/ CDFG streambed CDFG isolated non-wetland waters due to the Cantarini project shall be mitigated by the creation of 1.28 acres of wetland habitat within the Cantarini property. Because the project will impact to USACE jurisdictional wetlands and non-wetland jurisdictional waters of the US. and CDFG jurisdictional wetlands, the project applicant will be required to obtain (i) a 404 permit from USACE, (ii) a 401 Water Quality Certificate, or waiver thereof, from the RWQCB and (iii) a Streambed Alteration Agreement fi-om CDFG. Given the extent of impacts to wetlands and non-wetland jurisdictional waters of the U.S., an individual permit will need to be obtained from USACE. Factual Support and Rationale - Direct impacts to wetlands (as used herein, wetlands shall be inclusive of both USACE and the California Department CDFG jurisdictional wetlands areas) are limited primarily to roadway crossings and grading for residential units in the southern portion of the site. Development of these areas was generally anticipated by the City’s draft HMP which identified hardline preserve areas for the Cantarini project. Due to the configuration of the wetlands onsite a roadway crossing of wetlands is necessary and was anticipated by the draft HMP to provide access for development planned along the southeastern border of the site. All impacts to wetlands on site will be mitigated in accordance with measures acceptable to the USACE and CDFG and measures required in the draft HMP to ensure a no net loss of wetlands. The applicant will also be required to obtain the necessary permits from the USACE, CDFG and Regional Water Quality Control Board (RWQCB) for the proposed wetland impacts prior to initiating any grading on the site. Furthermore, the proposed wetland mitigation program identified in the FEIR and the Conceptual Mitigation and Monitoring Program developed by the applicant requires wetland creation and enhancement within the drainage channels in areas that will be impacted by project development. 2.2.6 Impacts to Wildlife Species Impact - Impacts to the coastal California gnatcatcher, a federally and state listed and Multiple Habitat Conservation Plan (MHCP) target species, could occur during removal of Diegan coastal sage scrub. These impacts would be significant and require mitigation. Finding - Pursuant to CEQA Guidelines 8 15091 (a)( l), changes or alterations have been required in or incorporated into the Cantarini project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: CEQA Findings of Fact And Statements of Overriding Considerations Can tarin i/Holly Springs Developments 19 1011 312004 40 Mitigation Measure BIO-C-6: See Mitigation measure BIO-C-1 for mitigation of upland habitat impacts, which address the coastal sage scrub and other upland habitat mitigation. Impacts to active coastal California gnatcatcher nests can be avoided by removing the Diegan coastal sage scrub within the project area outside of the breeding season (February 15 to August 30). Biologists will monitor all vegetation removal to ensure no direct impacts to individual birds. If work will occur during the breeding season, a pre-construction clearance survey will be conducted by a qualified biologist to ensure that no nests are located in or within a 200-foot buffer around the proposed footprint. If the draft HMP is not approved, these impacts will require either a federal Endangered Species Act Section lO(a)(l)(A) or Section 7 approval from the federal regulatory agencies. Temporary fencing shall be required in all locations of the project where proposed grading or clearing is within 100 feet of proposed biological open space. Fencing shall be placed on the impact side and shall result in no vegetation loss within open space. All temporary fencing shall be removed only after the conclusion of all grading, clearing and construction. Factual Support and Rationale - Mitigation Measure BIO-C-6 will reduce impacts to the California gnatcatcher to a level less than significant. Mitigation required for the project construction is required in accordance with the draft HMP. The mitigation measure requires that removal of coastal sage scrub during the breeding season for the California gnatcatcher be avoided and that appropriate temporary fencing be provided between project construction and biological open space. These measures have proven effective in avoiding potential indirect and direct impacts to sensitive wildlife species during construction of a project. In the event that the HMP is not approved by the USFWS the applicant will be required to obtain clearance in accordance with the Endangered Species Act for any impacts to habitat occupied by a species under the jurisdiction of the USFWS. Any additional mitigation required by the USFWS for impacts to habitat during construction would be identified as a part of the subsequent permitting process under the Endangered Species Act. 2.2.7 Impacts to Raptor Species During Construction Impact - If trees containing active raptor nests are removed during the breeding season (March-September), impacts may occur. These impacts would be considered significant . under the CDFG code and the Migratory Bird Treaty Act (MBTA). Finding - Pursuant to CEQA Guidelines 9 15091 (a)( l), changes or alterations have been required in or incorporated into the Cantarini project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure BIO-C-7: To avoid potential impacts to nesting raptors, trees will be removed between September and January, outside of the breeding season of local raptor species. If trees will be removed during the breeding season, a qualified biologist will CEQA Findings of Fact And Statements of Overriding Considerations 20 I011 3/2004 Cantarini/Holly Springs Developments $1 conduct a raptor nest survey prior to any removals to determine if raptor nests are present. If an active raptor nest is discovered, a buffer (typically 500 feet) will be established around the tree and work postponed within that area until the young are independent of the nest site. Factual Support and Rationale - Mitigation required for the project construction is required in accordance with the draft HMP. The measure requires either avoidance of tree removal during the raptor breeding season or monitoring of construction to ensure that trees containing occupied nests are not disturbed. These measures have proven effective in avoiding potential indirect and direct impacts to sensitive wildlife species during construction of a project. Holly Springs 2.2.8 Direct Impacts to Upland Habitat Considered Sensitive Under CEQA Impact - Diegan coastal sage scrub and native grassland are sensitive natural communities under CEQA. Impacts to these habitat types would be considered significant and require mitigation. Finding - Pursuant to CEQA Guidelines $15091(a)(l), changes or alterations have been required in or incorporated into the Holly Springs project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure BIO-HS-1: As discussed in Section 2.0, Project Description, it is the understanding of the applicant for Holly Springs that in accordance with a 1999 agreement with the CDFG additional mitigation for impacts to sensitive biological resources would not be required provided that future development of Holly Springs is consistent with the draft HMP hardlines. If it is determined in the future that mitigation is required, impacts to 26.22 acres of Diegan coastal sage scrub will be mitigated by the on-site preservation of 43.70 acres of coastal sage scrub and either off-site acquisition, off-site habitat creation, or purchase of mitigation bank credits for 8.74 acres of coastal sage scrub. Impacts to 4.07 acres of native grassland will be mitigated through the on-site preservation of 4.25 acres of native grassland and off-site acquisition, off-site habitat creation, or purchase of mitigation bank credits for 7.96 acres. If required, an option for mitigation of impacts associated with future development of Lots 49-52 of the Holly Springs is restoration of coastal sage scrub and native grassland habitat on the Cantarini site. If such off-site restoration is chosen as the mitigation option, then a portion of the restoration necessary to address impacts of Lots 49-52 will be accomplished on the Cantarini site prior to development of the lots. Mitigation requirements for the future lots CEQA Findings of Fact And Statements of Overriding Considerations 21 I011 312004 Cun tarin iiHolly Springs Developments will be satisfied when the necessary restoration is completed on the Cantarini site and the area adjacent to the lots is revegetated with native species. Factual Support and Rationale - Mitigation Measure BIO-HS-1 will reduce the significant direct impact to upland habitat to a less than significant level. Mitigation ratios required for the project in the mitigation measure are in accordance with the habitat mitigation requirements of the City draft HMP. The mitigation ratios required by the HMP are also generally accepted by the USFWS, which is the federal agency responsible for implementing the Endangered Species Act and determining if mitigation for habitat or vegetation communities impacted by development ensures the sustainability of endangered wildlife species. (In the event the draft HMP is not adopted, the project applicant will be required to obtain an incidental take permit directly from the Wildlife Agencies.) Additionally, the Proposed Project will preserve 59.56 acres of natural open space containing sensitive upland habitat in accordance with the draft HMP which identified the specific areas on the Holly Springs site to be preserved as natural open space. 2.2.9 Direct Impacts to Upland Habitat if the HMP is Approved Impact - Impacts to Diegan coastal sage scrub and native grassland are considered significant by the City of Carlsbad and would require mitigation in the event the draft HMP is approved. Finding - Pursuant to CEQA Guidelines 6 15091 (a)( l), changes or alterations have been required in or incorporated into the Holly Springs project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure BIO-HS-2: Impacts to 26.22 acres of Diegan coastal sage scrub will be mitigated by the on-site preservation of 43.70 acres of coastal sage scrub and off-site acquisition, off-site habitat creation, or purchase of mitigation bank credits for 8.74 acres. Impacts to 4.07 acres of native grassland will be mitigated through the on-site preservation of 4.25 acres of native grassland and off-site acquisition, off-site habitat creation, or purchase of mitigation bank credits for 7.96 acres. Because the Holly Springs property has been included in the draft HMP as a proposed hardline preserve, no additional mitigation for impacts to these habitats is required in the event that the draft HMP is approved. - Factual Support and Rationale - Mitigation Measure BIO-HS-2 will reduce the significant impact to upland habitat to a less than significant level. Mitigation ratios required in Mitigation Measure BIO-HS-2 are in accordance with the habitat mitigation requirements of the City draft HMP. As discussed in Section 2.0, Project Description of the FEIR, it is the understanding of the applicant for Holly Springs that, in accordance with a 1999 agreement with the CDFG, additional mitigation for impacts to sensitive biological resources would not CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 22 10/13/2004 43 be required provided that future development of Holly Springs is consistent with the draft HMP hardlines. 2.2.10 Direct Impacts to Other Upland Habitat Considered Sensitive Under the draft HMP Impact - Impacts to non-native grassland are considered significant by the City of Carlsbad and would require mitigation. Finding - Pursuant to CEQA Guidelines 6 15091 (a)( l), changes or alterations have been required in or incorporated into the Holly Springs project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure BIO-HS-3: Impacts to 3.27 acres of non-native grassland will be mitigated through the on-site preservation of 0.74 acre of non-native grassland and payment of an in-lieu fee for the remaining 0.90-acre as determined by the City of Carlsbad City Council. Factual Support and Rationale - Mitigation Measure BIO-HS-3 will reduce the impacts to other specified upland habitat to a less than significant level. Mitigation ratios and in-lieu mitigation fees required by this mitigation measure are in accordance with the habitat mitigation requirements of the City draft HMP. Additionally, the Proposed Project will preserve 59.56 acres of natural open space containing sensitive upland habitat in accordance with the draft HMP which identified the specific areas on the Holly Springs site to be preserved as natural open space. 2.2.11 Direct impacts to Agricultural Lands Impact - Impacts to agricultural lands are considered significant by the City of Carlsbad and would require mitigation in the event the draft HMP is approved. Finding - Pursuant to CEQA Guidelines 0 15091 (a)( l), changes or alterations have been required in or incorporated into the Holly Springs project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure BIO-HS-4: Impacts to 1.06 acres of agricultural lands will be mitigated through the preservation or conversion of 3.23 acres to native vegetation once the current agricultural practices are abandoned and the four lots in the final phase (Phase VI) lots are developed. CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 23 10/13/2004 4Y Factual Support and Rationale - The Holly Springs project provides for continued agricultural operations on a portion of the site following development of the proposed residential uses. The draft HMP provides that once agricultural operations on the site are abandoned a 3.23-acre portion of these agricultural lands will be converted to native habitat and a portion would be developed with residential uses. Mitigation Measure BIO-HS-4 is consistent with the draft HMP and thus mitigates the impact to agricultural lands to a level less than significant. 2.2.12 Direct Impacts to Sensitive Plant Species Impact - Impacts to coastal sage scrub that supports California adolphia, a CNPS List 2 species, would be considered significant and would require mitigation. Finding - Pursuant to CEQA Guidelines 5 1509 l(a)( l), changes or alterations have been required in or incorporated into the Holly Springs project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure BIO-HS-5: Impacts to California adolphia will be mitigated by the on- site preservation of 3.10 acres of Diegan coastal sage scrub containing this species. Factual Support and Rationale - The Proposed Project will preserve 59.56 acres of natural open space containing sensitive upland habitat in accordance with the draft HMP which identified the specific areas on the Holly Springs site to be preserved as natural open space. A 3.10-acre portion of the open space to be preserved onsite contains California adolphia. Considering that the draft HMP provides for preservation of a Citywide interconnected open space preserve system for sensitive biological resources and that 58.24 acres consisting of native habitat and small areas of disturbed and agricultural lands will be preserved as permanent open space in accordance with the draft HMP, impacts to sensitive plants in association with Holly Springs property, including the California adolphia, are considered to be mitigated to below a level of significance as preservation and management of this area . protects the identified populations. 2.2.13 Impacts to Wildlife Species Impact - Impacts to the coastal California gnatcatcher, a federally and state listed and MHCP target species, could occur during removal of coastal sage scrub. These impacts would be significant and require mitigation. Finding - Pursuant to CEQA Guidelines 5 1509 1 (a)( l), changes or alterations have been required in or incorporated into the Holly Springs project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the CEQA Findings of Fact And Statements of Overriding Considerations 24 IO/] 312004 Can tarin i/Holly Springs Developments following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure BIO-HS-6: See Mitigation measure BIO-HS- 1 and BIO-HS-2 for mitigation of upland habitat impacts, which address the coastal sage scrub, and other upland habitat mitigation. Impacts to active coastal California gnatcatcher nests will be avoided by removing the Diegan coastal sage scrub within the project area outside of the breeding season (February 15 to August 30). Biologists will monitor all vegetation removal to ensure no direct impacts to individual birds. If work will occur during the breeding season, a pre- construction clearance survey will be conducted by a qualified biologist to ensure that no nests are located in or within a 200-foot buffer around the proposed footprint. If the draft HMP is not approved, these impacts will require either a federal Endangered Species Act Section 1 O(a)( 1)(A) or Section 7 approval from the federal regulatory agencies. Temporary fencing shall be required in all locations of the project where proposed grading or clearing is within 100 feet of proposed biological open space. Fencing shall be placed on the impact side and shall result in no vegetation loss within open space. All temporary fencing shall be removed only after the conclusion of all grading, clearing and construction. Factual Support and Rationale - Mitigation Measure BIO-HS-6 will reduce impacts to the California gnatcatcher to a level less than significant. Mitigation required for the project construction is required in accordance with the draft HMP. The mitigation measure requires that removal of coastal sage scrub during the breeding season for the California gnatcatcher be avoided and that appropriate temporary fencing be provided between project construction and biological open space. These measures have proven effective in avoiding potential indirect and direct impacts to sensitive wildlife species during construction of a project. In the event that the HMP is not approved by the USFWS the applicant will be required to obtain clearance in accordance with the Endangered Species Act for any impacts to habitat occupied by a species under the jurisdiction of the USFWS. Any additional mitigation required by the USFWS for impacts to habitat during construction would be identified as a part of the subsequent permitting process under the Endangered Species Act. 2.2.14 Impacts to Raptor Species During Construction Impact - If trees containing active raptor nests are removed during the breeding season (March - September), impacts may occur. These impacts would be considered significant under the CDFG code and the MBTA. Finding - Pursuant to CEQA Guidelines 0 15091(a)( l), changes or alterations have been required in or incorporated into the Holly Springs project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: CEQA Findings of Fact And Statements of Overriding Considerations Can tarin ilHolly Springs Developments 25 10/13i2001 4& Mitigation Measure BIO-HS-7: To avoid potential impacts to nesting raptors, it is recommended that trees should be removed between September and January, outside of the breeding season of local raptor species. If trees will be removed during the breeding season, a qualified biologist will conduct a raptor nest survey prior to any removals to determine if raptor nests are present. If an active raptor nest is discovered, a buffer (typically 500 feet) will be established around the tree and work postponed within that area until the young are independent of the nest site. Factual Support and Rationale - Mitigation required for the project construction is required in accordance with the draft HMP. The measure requires either avoidance of tree removal during the raptor breeding season or monitoring of construction to ensure that trees containing occupied nests are not disturbed. These measures have proven effective in avoiding potential indirect and direct impacts to sensitive wildlife species during construction of a project. CantaridHolly Springs 2.2.15 Indirect Impacts to Sensitive Biological Resources Within Proposed Open Space Impact - Significant indirect impacts to sensitive biological resources within proposed open space areas could result from activities associated with fiture adjacent urban uses. In accordance with the draft HMP, an agreement is required between the City and the applicant to maintain proposed open space areas and provide for an effective monitoring program to avoid significant impacts to sensitive biological resources. Finding - Pursuant to CEQA Guidelines 0 15091 (a)( l), changes or alterations have been required in or incorporated into the Cantarini and Holly Springs projects that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure BIO-C/HS-1: Long-term Maintenance Annuity. In order to provide . for the cost of the long-term maintenance and biological monitoring program for the preserve a long-term management program will be defined and funded. The property owner/on-site environmental manager will initially propose a scope of work for the long-term management program. The scope of work will then be subject to review by the City and Wildlife Agencies. Based upon the scope of work and associated costs agreed to by the developer or their successors and the City, a fimding mechanism for the long-term maintenance can be an annuity or other mechanism agreed to by the developer and the City. The long-term maintenance program will be a separate agreement between the City and an appropriate conservation or open space management entity. The specific measures listed below will be implemented as a part of the Long-Term Management Program to address issues associated with: 1) Approval of the Conceptual Mitigation Monitoring Plan; 2) Funding Mechanisms; 3) - CEQA Findings of Fact And Statements of Overriding Considerations 26 1011 312004 Cantarini/Hol[y Springs Developments Trails Criteria; 4) Open Space Management and Maintenance; and 5) Contractor Education Program. 1. Approval of Conceptual Mitigation and Monitoring Plan by City and Wildlife Agencies a. The draft Conceptual Mitigation and Monitoring Plan will be subject to approval by the City and Wildlife Agencies. b. Final plant pallets for all open space habitat restoration efforts and landscaping within graded and revegetated areas adjacent to the open space preserve areas shall be reviewed and approved by the USFWS and the City to ensure that exotic invasive plants are not included in the plant palette. 2. Funding Mechanisms a. Funds are to be committed and the approved Mitigation and Monitoring Plan are to be submitted prior to issuance of the take permit. b. The following measures shall be requirements of the long-term management program and incorporated into the agreements for long-term maintenance between the Developer, the City and the Open Space Management Entity: 1. The fbnding mechanism utilized will be an appropriate fbnding mechanism for long-term maintenance of open space such as a non-wasting endowment. 2. The long-term management program scope of work and ultimate plan shall be reviewed and approved by the appropriate local, state and federal agencies. 3. The long-term management plan and hnding mechanism shall be implemented prior to or concurrently with the initiation of construction. 3. Trails Criteria a. All existing dirt trails not proposed for use shall be closed and revegetated b. All proposed trails near sensitive species such as occupied gnatcatcher habitat will be will be closed during the breeding season (February CEQA Findings of Fact And Statements of Overriding Considerations Can tarin i/Holly Springs Developments 27 1011 312004 C. d. e. f. €5 h. 1. j- through August) in the vicinity of any known nests to avoid harassment and nest abandonment. Closure of the trails will be the responsibility of the conservation or open space management entity. Seasonal surveys will be completed to determine presence/absence of nests in the vicinity of trails. If occupied nests are encountered, signage or other appropriate measures will be used to indicate closure of the trails. All proposed trails shall be well demarcated with clearly marked access areas, including trailhead markers wherever a trail connects to a sidewalk, and have signs discouraging off trail access and use. Horses will only be allowed on trails approved for horse use and clearly signed for that use. Monitoring will be initiated for cowbirds with trapping if they are found within the draft HMP hardline areas. Horse use will be restricted during the rainy season and posted December through March. The management and monitoring plan will address issues of horse use, including such items as: limits on maximum number of horse trips per week, regular manure removal and trail maintenance; enforcement of no staging areas or trailering to site; trail surface materials to provide some filtering; and compaction. Equestrian use trails located upslope from any wetlands will include earth berms on the upslope creek side to reduce the ability for run-off to reach either vegetation or the wetlands. Wetland features will be fenced to prevent access by horses. Sufficient buffers between equestrian trails and wetland features will be required to prevent direct runoff from horse urine or manure from reaching such wetlands. There will be no crossing of wetland features other than those adjacent to roads for which conspan crossings of such features are proposed. CEQA Findings of Fact And Statements of Overriding Considerations 28 10/13/2004 Cantarini/Holly Springs Developments 49 4. Open Space Management and Maintenance a. Stream and pond monitoring for water quality will be conducted through the San Diego stream team or other such means to assure that if there is polluted run-off adaptive management action will be taken. b. Cleared vegetation, topsoil and duff from grading areas within Holly Springs and Cantarini shall be deposited in HMP open space areas as appropriate to provide erosion control, develop native vegetation, provide weed control and provide native plant propagules, nutrients and fungal myc orhizae . c. As a condition of the tentative maps for Cantarini and Holly Springs, deed restrictions will be placed on all lots bordering protected open space prohibiting direct access and use of any invasive plants. d. All residents will be provided informational materials addressing what they can do to minimize the edge effects on the open space including control of pets, rodent control, bird feeding, trash containers, and use of designated trails. e. Artificial night lighting associated with streets and homes in the proposed project shall be shielded and directed away from the open space. Residents shall be given information regarding the potential negative effects of indirect lighting on animals within the preserved open space. f. No grading, permanent encroachment or revegetation efforts shall extend into the existing SDG&E easement located along the eastern border of Lot 47 on Holly Springs. 5. Contractor Education Program a. A contractor education program shall be developed as part of the scope of work for the management plan, to ensure that contractors, involved in development of the project during construction or revegetation efforts, educate project personnel regarding avoiding impacts to biological resources on site. The education program shall include the following elements: 1. Personnel shall be aware of threats to biological resources associated with project implementation including trampling, CEQA Findings of Fact And Statements of Overriding Considerations 29 IO/] 3/2004 Cunturini/Holly Springs Developments 50 soil disturbance, attraction of predators due to trash, nuisance water, and chemical pollutants. 2.3 2. All equipment storage and staging areas should be placed as far from conserved habitat as possible and must be within the project footprint. Factual Support and Rationale - Mitigation Measure BIO-C/HS-l will reduce the significant indirect impact urban uses will have on adjacent sensitive biological resources within the proposed open spaces to a level less than significant. Approximately 118.49 acres or (43 percent) of the Proposed Projects combined area consists of Open Space. Open Space (Cantarini - 58.93 acres/Holly Springs -59.56 acres) is proposed in accordance with the draft HMP. Development areas for the Proposed Projects are located in areas anticipated for development by the draft HMP. The draR HMP anticipated the potential for indirect impacts or edge effects from locating development adjacent to open space areas and included the requirement that any project applicant prepare a long-term management program designed to address long-term management and monitoring of biological open space as required by this Mitigation Measure. The draft HMP requires that specific measures be implemented as a part of the Long-Term Management Program to address issues associated with: 1) Approval of the Conceptual Mitigation Monitoring Plan; 2) Funding Mechanisms; 3) Trails Criteria; 4) Open Space Management and Maintenance; and 5) Contractor Education Program. In accordance with the draft HMP, Mitigation Measure BIO-C/HS-1 addresses each of these elements and sets forth a plan to ensure that sensitive biological resources in open space areas are preserved and protected from impacts of nearby construction, residential, recreational, and other associated urban uses. AIR QUALIN Cantarini 2.3.1 Generation of Particulate Matter Impact - The air quality analysis identified that construction related PMlO and residential fixed emissions of PMlO resulting from the Cantarini development would have potentially significant effects to air quality. Finding - Pursuant to CEQA Guidelines 0 15091 (a)( l), changes or alterations have been required in or incorporated into the Cantarini project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: CEQA Findings of Fact And Statements of Overriding Considerations 30 1011 312004 Can tarini/Holly Springs Developments 51 Mitigation Measure AQ-C-1: This section describes the mitigation measures that are required to reduce air quality effects to below the level of significance for the Cantarini project. All project construction activities are subject to the City of Carlsbad Grading Ordinance and are required to implement BMP measures to reduce impacts from fbgitive dust and construction related emission. The following mitigation measures should be included as conditions of approval of grading permits and be the responsibility of the applicant or contractor: Mitigation for Grading Area Particulates (PMlO) Sources Apply non-toxic soil stabilizers according to manufacturers’ specification to all inactive construction areas (i.e,, previously graded areas inactive for 10 days or more). In disturbed areas, replace ground cover as quickly as possible. Enclose, cover, water twice daily, or apply non-toxic soil binders according to manufactures’ specification to exposed piles (i.e., gravel, sand, and dirt) with 5 percent silt content. Water active sites twice daily. Suspend all excavating and grading operations when wind speeds exceed 25 miles per hour (mph). All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least 2 feet of freeboard (Le., minimum vertical distance between top of the load and the top of the trailer) in accordance with the requirements of California Vehicle Code (CVC) Section 23 1 14. Mitigation for Paved Construction Road Particulates (PM10) Sources Sweep streets at the end of the day if visible soil material is carried onto adjacent public paved roads (recommended water sweepers with reclaimed water). Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site. MitiPation for Unpaved Construction Road Particulates (PM10) Sources Apply water three times daily, non-toxic soil stabilizers according to manufactures’ specification to all unpaved roads, and parking or staging areas. CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 31 IO/] 3/2004 0 Traffic speeds on all paved roads to be reduced to 15 mph or less. 0 Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment or 150 total daily trips for all vehicles. Pave all construction access roads at least 100 feet on to the site from the main road. Mitigation Recommended for Residential Fixed Particulates (PM10) Sources The following mitigation measure shall be responsibility of the contractor and implemented prior to inhabitance of any of the proposed units. Install gas-burning devices “fireplaces” which would not be subject to New Source Performance Standards particulate emission requirements. Factual Support and Rationale - Mitigation Measure AQ-C-1 will reduce the impacts of particulate matter to a level less than significant. The measures listed above (except for residential fixed particulates) are standard requirements of the City grading ordinance that have proven effective in mitigating air quality impacts associated with construction. With regard to measures for residential fixed particulates, the use of gas rather than wood burning fireplaces avoids the emissions associated with wood burning fireplaces and are accordingly not subject to the NSPS. This mitigation is a measure identified in the air quality analysis completed for the project. With implementation of this measure, the impact of the project associated with potential use of wood burning fireplaces is considered mitigated to below a level of significance. Cantarini/Holly Springs 2.3.2 Regional Non-attainment Status for Ozone Impact - Both of the proposed project sites are within a basin that has a non-attainment status for 03 and the projects would contribute to the generation of this pollutant by automobile emissions, thereby having a cumulatively significant air quality impact. ’ Finding - This impact is not avoided or substantially lessened by mitigation measures included in the Final EIR. Pursuant to CEQA Guidelines $15093(b), the City has prepared a statement of overriding considerations to address this impact. Such statement is included in Chapter 5.0 below. Factual Support and Rationale - The reliance on the automobile for the fkture household primary mode of transportation, given the entire San Diego air basin’s non-attainment status, makes the incremental contribution from the Proposed Project to air be significant. While the CEQA Findings of Fact And Statements of Overriding Considerations CantaridHolly Springs Developments 32 1011 312004 c3 air quality in the region has been improving, the overall resolution will need to wait for clean burning, or less polluting, modes of transportation, and shifting the travel patterns from single occupancy vehicles to carpooling, bus, bicycle and walking modes. This represents as much cultural as well as facility shift, but cannot realistically be fully implemented with the Proposed Projects. The Cantarini project includes a multi-family component that has incorporated numerous pedestrian friendly principles such as trails and accessibility to mass transit that reduce the reliance on the automobile. Both projects also incorporate bike lanes, bus stops and a range of hiking and walking trails in addition to sidewalks. The proximity of both projects to employment centers and recreation opportunities will also serve to reduce overall driving distances as will the location of the multi-family housing near the transportation and employment centers. 2.4 NOISE Cantarini 2.4.1 On-Site Noise Reception from College Boulevard Impact - The noise analysis concluded that lots 1-7, 14 (multiple family residential lot), 16- 23, and 38 will be exposed to exterior and/or interior noise levels, which would be generated by traffic using the adjacent College Boulevard extension. The analysis determined that implementation of the Cantarini project would not generate significant adverse noise levels. Finding - Pursuant to CEQA Guidelines 8 15091(a)(l), changes or alterations have been required in or incorporated into the Cantarini project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure N-C-1: To reduce the exterior and interior noise levels to below the level of significance at the affected lots within Cantarini, the noise analysis recommends the following mitigation measures: To reduce exterior noise levels to below the 60 dBA CNEL threshold, on the Cantarini property, a noise barrier with a surface density of at least 3.5 pounds and of 5-6 feet in height shall be constructed at the top of slope of Lots 1-7, 16-23 and Lot 38. Prior to issuance of a grading permit the applicant shall indicate the location of the noise barrier on the tentative map for review and approval by the City. An interior acoustical analysis should be completed by the applicant or contractor prior to the occupancy of the units on the effected lots, to evaluate the potential need for further measures. - To reduce interior noise levels to below the 45-dBA CNEL threshold, the noise analysis shall require the use of air-conditioning and/or mechanical ventilation and the installation of CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 33 10/13/2004 sound-rated windows for Lots 1 -7, 14 (multiple family site), 16-23 and Lot number 38. These measures shall be incorporated into the interior acoustical analysis and added to proposed residential units, prior to the occupancy of the units. ' Factual Support and Rationale - Mitigation Measure N-C-1 will reduce potentially significant noise impacts to the Cantarini project to a less than significant level. Construction of a noise barrier to reduce exterior noise levels is required based on the acoustical analysis conducted for the Cantarini project and has proved an effective way to reduce exterior noise to acceptable levels. To ensure that the noise barrier is designed in accordance with the requirements of the acoustical study, the final design of the noise barrier is subject to City review and approval and will be developed and shown on the project plans prior to grading for the project. The noise barrier will ensure that future homeowners will not experience exterior noise levels in excess of 60 dBA as a result of hture traffic on the extended College Boulevard. Completion of the interior noise study and installation of air-conditioning and/or mechanical ventilation and the installation of sound-rated windows, as necessary, will also be required to reduce interior noise to acceptable levels in accordance with the City of Carlsbad Noise Guidelines Manual. All measures recommended by the interior noise study must be in place prior to occupancy of the residential units. The interior noise mitigation measures will ensure that fbture homeowners will not experience noise levels in excess of 45 dBA as a result of hture traffic on the extended College Boulevard. 2.5 HYDROLOGY/WATER QUALITY The FEIR did not identify any significant issues related to hydrology for either the Cantarini or Holly Springs project. Less than significant impacts related to hydrology are discussed in Section 3.8 of this document. Cantarini 2.5.1 Pollution of Agua Hedionda Creek and Agua Hedionda Lagoon Impact - The construction of the proposed Cantarini project would involve substantial potential to generate runoff-containing pollutants including TDS and sediment. TDS and sediment are the main pollutants identified by the CWA 2002 as problematic in the Agua Hedionda Creek and Agua Hedionda Lagoon. Therefore, the construction of the proposed project would have a significant adverse impact to water quality, in the short-term. Finding - Pursuant to CEQA Guidelines §15091(a)(l), changes or alterations have been required in or incorporated into the Cantarini project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: CEQA Findings of Fact CantaridHolly Springs Developments And Statements of Overriding Considerations 34 1011 312004 3-3- Mitigation Measure WQ-C-1: Prior to obtaining a grading permit, the Cantarini project applicant shall obtain a General Permit under the state National Pollutant Discharge Elimination System (NPDES) and a Municipal Storm Water Permit under the San Diego NPDES. In connection with obtaining these permits, the applicant shall develop and submit a final Storm Water Pollution Prevention Plan (SWPPP). A final SWPPP for the project will be prepared and will identify BMPs described in the impact analysis and in the preliminary SWPPP to satisfy the San Diego and state NPDES requirements. The SWPPP will provide mitigation of construction and grading activities for the project to ensure that no short-term significant adverse impacts to water quality occur. As a result no hrther mitigation measures are required. BMPs must comply with local zoning building codes and other regulations and all structural BMPs must be reviewed and approved by the City Engineer as part of the permitting process for the Cantarini project. Factual Support and Rationale - Mitigation Measure WQ-C-1 will reduce the significant pollution impacts that will be caused during construction of the proposed Cantarini project to a less than significant level. The requirement to prepare a SWPPP and specify BMPs to guide construction activities has proven effective in avoiding water quality impacts associated with construction and is a requirement of the City in compliance with an area-wide Municipal Stormwater Permit. Under an area-wide Municipal Storm Water Permit, municipalities are held responsible for everything in their storm water conveyance systems, including construction runoff. Therefore, municipalities, which are the 19 incorporated cities in San Diego County and the San Diego Unified Port District, are Co-permittees and must authorize permits parallel to the RWQCB. The Municipal Storm Water Permit contains a construction component to reduce pollutants in runoff from construction sites during all phases of construction. The SWPPP will provide mitigation of all construction and grading activities for the project, to ensure that no short-term significant adverse impacts to water quality occur and will also include post-construction BMPs to ensure there are no long-term water quality effects either. The BMPs associated with the SWPPP shall include components such as pollution prevention (e.g., street sweeping, spill prevention), source control (e.g., wash down areas and containment facilities) and treatment control (e.g., detention basins sediment traps, and control of erosion) to avoid potential construction impacts associated with the project. The projects are also required by law to obtain a Clean Water Act Section 401 Water Quality Certification from the Regional Water Quality Control Board and must meet all applicable water quality standards established under the Clean Water Act as imposed on the local jurisdiction. Holly Springs 2.5.2 Pollution of Agua Hedionda Creek and Agua Hedionda Lagoon Impact - The preliminary SWPPP for the proposed Holly Springs project provides measures to ensure that there would be no short-term impacts to water quality as a result of the project. However, without a formal final SWPPP, construction and grading operations represent a CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 35 1011 312004 56 short-term significant adverse impact to water quality as a result of the potential for such operations to generate pollutants and in particular TDS and sediment, which are pollutants of concern in Agua Hedionda Creek and Agua Hedionda Lagoon. ' Finding - Pursuant to CEQA Guidelines 6 15091 (a)( l), changes or alterations have been required in or incorporated into the Holly Springs project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure WQ-HS-1: Prior to obtaining a grading permit, the Holly Springs project applicant shall obtain a General Permit under the state National Pollutant Discharge Elimination System (NPDES) and a Municipal Storm Water Permit under the San Diego NPDES. In connection with obtaining these permits, the applicant shall develop and submit a final Storm Water Pollution Prevention Plan (SWPPP). A final SWPPP for the project will be prepared and will identify BMPs described in the impact analysis and in the preliminary SWPPP to satisfy the San Diego and state NPDES requirements. The SWPPP will provide mitigation of construction and grading activities for the project to ensure that no short-term significant adverse impacts to water quality occur. As a result no Wher mitigation measures are required. BMPs must comply with local zoning building codes and other regulations and all structural BMPs must be reviewed and approved by the City Engineer as part of the permitting process for the Holly Springs project. Factual Support and Rationale - Mitigation Measure WQ-HS-1 will reduce the significant pollution impacts that will be caused during construction of the proposed Holly Springs project to a less than significant level. The requirement to prepare a SWPPP and specify BMPs to guide construction activities has proven effective in avoiding water quality impacts associated with construction and is a requirement of the City in compliance with an area-wide Municipal Stormwater Permit. Under an area-wide Municipal Storm Water Permit, municipalities are held responsible for everything in their storm water conveyance systems, including construction runoff. Therefore, municipalities, which are the 19 incorporated cities in San Diego County and the San Diego Unified Port District, are Co-permittees and must authorize permits parallel to the RWQCB. The Municipal Storm Water Permit contains a construction component to reduce pollutants in runoff from construction sites during all phases of construction. The SWPPP will provide mitigation of all construction and grading activities for the project to ensure that no short-term significant adverse impacts to water quality occur. The associated BMPs shall include components such as dewatering, spill prevention, and control of erosion and sedimentation to avoid potential construction related water quality impacts. The project will also include post-construction BMPs, which have been accepted as adequate measures for the treatment of water quality for residential developments, and the storm water conveyance system which will collect and direct storm water runoff to historic outfall sites or the detention facilities to be located on the Cantarini property, to ensure that the Holly Springs project will have no long term significant adverse - CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 36 IO/] 3/2004 impacts to water quality. The projects are also required by law to obtain a Clean Water Act Section 401 Water Quality Certification from the Regional Water Quality Control Board and must meet all applicable water quality standards established under the Clean Water Act as imposed on the local jurisdiction. 2.6 G EOLOGY/SOl LS Cantarini 2.6.1 Seismic Ground Motion and Ground Rupture Impact - The potential for strong ground motion, and related ground rupture, resulting from potential earthquake events occurring on nearby major faults is a significant geologic/soils impact affecting the Cantarini development. Finding - Pursuant to CEQA Guidelines 9 15091 (a)( l), changes or alterations have been required in or incorporated into the Cantarini project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure GEO-C-1: Proposed design improvements shall consider the relatively strong seismic accelerations associated with the projects locality (Seismic Zone 4, Uniform Building Code) and conform to all City engineering and design standards and implement any remediation recommendations contained in the project Soils/Geologic Report). Factual Support and Rationale - Mitigation Measure GEO-C-1 will reduce the potential geologic/soils impacts to a less than significant level. All development in the state is required to conform with standard measures of the Uniform Building Code that have proven effective in addressing potential seismic hazards. The mitigation measure will be a requirement of the grading permit issued for the project and, therefore, must be implemented during project grading and construction. 2.6.2 Compressible Soils Impact - The compressible potential of the soils on the Cantarini site makes them unsuitable for construction support and is a significant geologic/soils impact affecting the Cantarini development. Finding - Pursuant to CEQA Guidelines 9 15091 (a)( l), changes or alterations have been required in or incorporated into the Cantarini project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following CEQA Findings ofFact And Statements of Overriding Considerations 37 1011 312004 Cantarini/Hol[y Springs Developments mitigation measures will reduce the identified significant impact to below a level of significance: Mitigation Measures GEO-C-2 and GEO-C-4: GEO-C-2: The existing undocumented fill soils, topsoil/collovium, and alluvium on the , Cantarini site are considered compressible and subject to settlement under load. These soils shall be removed, moisture conditioned, and replaced as compacted fill in areas to receive additional fill or improvements in a manner that conforms to all City engineering and design standards and also implements any remediation recommendations contained in the project Soils/Geologic Report. GEO-C-4: If development is proposed in the area of the springs and pond on the eastern portion of the site, special grading and drainage measures (i.e., subdrainage) may be necessary to control surface and subsurface water, which measures shall conform to all City engineering and design standards and implement any remediation recommendations contained in the project Soils/Geologic Report. (Addresses significant effect GEO-C-2). Factual Support and Rationale - Mitigation Measures GEO-C-2 and GEO-C-4 will reduce the impact caused by compressible soils to a level of less than significant. The measures are a requirement for project grading based on the analysis conducted as a part of the geotechnical report prepared for the project. The mitigation measures will be a requirement of the grading permit issued for the project and, therefore, must be implemented during project grading and construction. This requirement is in addition to Uniform Building Code and other structural, site preparation, and earthquake requirements contained in state or local regulations. 2.6.3 Expansive Nature of Clay Soil Impact - Clay units encountered on the Cantarini project site may have a moderate to high expansion potential. This is considered to be a significant impact. Finding - Pursuant to CEQA Guidelines 6 1509 1 (a)( l), changes or alterations have been ' required in or incorporated into the Cantarini project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measures will reduce the identified significant impact to below a level of significance: Mitigation Measures GEO-C-3 and GEO-C-5: GEO-C-3: Cut slopes, especially those constructed within the Santiago Formation and Point Loma Formation, shall be observed and mapped during construction by an engineering geologist. If potentially adverse conditions are encountered (i.e., out-of-slope bedding, clay seams, fractures), mitigation measures recommended by the geotechnical consultant shall be complied with. These measures may include construction of the slope(s) at a shallower slope CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 38 IO/] 3/2004 59 angle or construction of a drained stability fill buttress(es). All such mitigation measures shall conform to all City engineering and design standards and implement any remediation recommendations contained in the project Soils/Geologic Report. GEO-CJ: Expansive clay soils on the site may be used as structural fill but shall not be placed within 5 vertical feet of finish grade unless proposed foundations are designed for expansive soils. Use of such expansive clay soils shall conform to all City engineering and design standards and implement any remediation recommendations contained in the project Soils/Geologic Report. (Addresses significant effect GEO-C-3.) Factual Support and Rationale - Mitigation Measures GEO-C-3 and GEO-C-5 will reduce the significant impact caused by clay soil to a less than significant measure. The measure is a requirement for project grading based on the analysis conducted as a part of the geotechnical report prepared for the project. The mitigation measure will be a requirement of the grading permit issued for the project and, therefore, must be implemented during project grading and construction. This requirement is in addition to Uniform Building Code and other structural, site preparation, and earthquake requirements contained in state or local regulations. Holly Springs 2.6.4 Seismic Ground Motion and Ground Rupture Impact - The potential for strong ground motion, and related ground rupture, resulting from potential earthquake events occurring on nearby major faults is a significant geologidsoils impact affecting the Holly Springs development. Finding - Pursuant to CEQA Guidelines 6 15091 (a)( l), changes or alterations have been required in or incorporated into the Holly Springs project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure GEO-HS-1: Proposed design improvements that consider the '. relatively strong seismic accelerations associated with the projects locality (Seismic Zone 4, Uniform Building Code) and conform to all City engineering and design standards and implement any remediation recommendations contained in the project Soils/Geologic Report. . Factual Support and Rationale - Mitigation Measure GEO-HS-1 will reduce the potential geologic/soils impacts to a less than significant level. All development in the state is required to conform with standard measures of the Uniform Building Code that have proven effective in addressing potential seismic hazards. The mitigation measure will be a requirement of the grading permit issued for the project and, therefore, must be implemented during project grading and construction. CEQA Findings of Fact And Statements of Overriding Considerations 39 IO/] 3/2004 Cantarini/Holly Springs Developments 2.6.5 Compressible Soils Impact - The compressible potential of the soils on the Holly Springs site makes them unsuitable for construction support and is a significant geologic/soils impact affecting the Holly Springs development. Finding - Pursuant to CEQA Guidelines 4 15091 (a)(l), changes or alterations have been required in or incorporated into the Holly Springs project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measures will reduce the identified significant impact to below a level of significance. Mitigation Measure GEO-HS-2 and GEO-HS-4: GEO-HS-2: The existing undocumented fill soils, topsoilkollovium, and alluvium on the Holly Springs site are considered compressible and subject to settlement under load. These soils shall be removed, moisture conditioned, and replaced as compacted fill in areas to receive additional fill or improvements in a manner that conforms to all City engineering and design standards and also implements any remediation recommendations contained in the project Soils/Geologic Report. GEO-HS-4: If development is proposed in the area of the springs and pond on the eastern portion of the site, special grading and drainage measures (i.e., subdrainage) may be necessary to control surface and subsurface water, which measures shall conform to all City engineering and design standards and implement any remediation recommendations contained in the project Soils/Geologic Report. Such measures shall be included as a condition of approval of the Holly Springs tentative map or grading plan, whichever comes first. (Addresses significant effect GEO-HS-2.) Factual Support and Rationale - Mitigation Measures GEO-HS-2 and GEO-HS-4 will reduce the impact caused by compressible soils to a level of less than significant. The measures are a requirement for project grading based on the analysis conducted as a part of the geotechnical report prepared for the project. The mitigation measures will be a requirement of the grading permit issued for the project and, therefore, must be implemented during project grading and construction. This requirement is in addition to Uniform Building Code and other structural, site preparation, and earthquake requirements contained in state or local regulations. . 2.6.6 Expansive Nature of Clay Soil Impact - Clay units encountered on the Holly Springs project site may have a moderate to high expansion potential. This is considered to be a significant impact. CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 40 10/13/2004 bl Finding - Pursuant to CEQA Guidelines $15091(a)(l), changes or alterations have been required in or incorporated into the Holly Springs project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measures will reduce the identified significant impact to below a level of significance: Mitigation Measure GEO-HS-3 and GEO-HS-5: GEO-HS-3: Cut slopes, especially those constructed within the Santiago Formation and Point Loma Formation, shall be observed and mapped during construction by an engineering geologist. If potentially adverse conditions are encountered (ie., out-of-slope bedding, clay seams, fractures), mitigation measures recommended by the geotechnical consultant shall be complied with. These measures may include construction of the slope(s) at a shallower slope angle or construction of a drained stability fill buttress(es). All such mitigation measures shall conform to all City engineering and design standards and implement any remediation recommendations contained in the project Soils/Geologic Report. GEO-HS-5: Expansive clay soils on the site may be used as structural fill but shall not be placed within 5 vertical feet of finish grade unless proposed foundations are designed for expansive soils. Use of such expansive clay soils shall conform to all City engineering and design standards and implement any remediation recommendations contained in the project Soils/Geologic Report. (Addresses significant effect GEO-HS-3 .) Factual Support and Rationale - Mitigation Measures GEO-HS-3 and GEO-HS-5 will reduce the significant impact caused by clay soil to a less than significant measure. The measure is a requirement for project grading based on the analysis conducted as a part of the geotechnical report prepared for the project. The mitigation measure will be a requirement of the grading permit issued for the project and, therefore, must be implemented during project grading and construction. This requirement is in addition to Uniform Building Code and other structural, site preparation, and earthquake requirements contained in state or local regulations. 2.7 HAZARDS AND HAZARDOUS MATERIALS Cantarini 2.7.1 On-Site Trash/Debris Impact - A minor amount of localized trasWdebris has been observed on site on the Cantarini site. Improper cleanup and disposal of this debris, especially any waste material associated with the abandoned vehicle on the site, has the potential to harm the public and the environment, which would represent a significant environmental impact. CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 41 1011 312004 la Finding - Pursuant to CEQA Guidelines §15091(a)(l), changes or alterations have been required in or incorporated into the Cantarini project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure HAZ-C-1: Prior to the commencement of grading on the Cantarini site, all trash, debris, and waste materials discovered on site shall be disposed of off site, in accordance with current local, state, and federal disposal regulations. Any materials containing petroleum residues encountered during property improvements should be evaluated prior to removal and disposal following proper procedures. Any buried traswdebris encountered should be evaluated by an experienced environmental consultant prior to removal. Factual Support and Rationale - Prior to the commencement of grading on the Cantarini site, all trash, debris, and waste materials discovered on site shall be disposed of off site, in accordance with current local, state, and federal disposal regulations. Any required additional measures identified during the cleanup will be implemented prior to grading to the approval of the City Planning Director. Implementation of this Mitigation Measure HAZ-C- 1 prior to grading will ensure that all potentially hazardous materials are removed from the site before development is in place. Holly Springs 2.7.2 Agricultural Chemicals Impact - Based upon the historical and ongoing use of the subject property for agricultural purposes, there is a chance that persistent residue from the application of certain hazardous chemicals could remain near the surface soil in portions of the site. Finding - hrsuant to CEQA Guidelines §15091(a)(l), changes or alterations have been required in or incorporated into the Holly Springs project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: . HAZ-HS-1: Prior to the approval of any grading permit for the Holly Springs site within agricultural production areas, a detailed agricultural chemical residue survey shall be prepared in accordance with the City’s Standard Agricultural Area Mitigation Condition. As a part of the mitigation condition, the report shall be presented to the San Diego County Department of Environmental Health Site Assessment Voluntary Assistance Program for review and comment. Unless otherwise instructed, the residue survey shall consist of CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 42 1 O/ 1 312004 I3 surficial soil sampling from depths of % foot and 14 feet within areas planned for grading, as well as within previous and current storage and chemical mixing areas. Factual Support and Rationale - Mitigation Measure HAZ-HS-1 will reduce the impact of hazardous agricultural chemicals located near the surface of the ground to a less than significant level. Prior to initiation of grading, a detailed agricultural chemical residue survey shall be prepared to hlfill the requirement of the City’s Standard Agricultural Area Mitigation Condition. Any measures required by the study will be implemented prior to grading. Implementation of standard measures required by the study, including measures required by the San Diego County Department of Environmental Health Site Assessment Voluntary Assistance Program, will ensure that all hazardous materials are removed from the site prior to development of the site. 2.7.3 On-Site Trashmebris Impact - A minor amount of localized traswdebris has been observed on site on the Holly Springs site. Improper cleanup and disposal of this debris, especially any waste material associated with the abandoned vehicle, has the potential to harm the public and the environment, which would represent a significant environmental. Finding - Pursuant to CEQA Guidelines 5 1509 1 (a)( 1)’ changes or alterations have been required in or incorporated into the Holly Springs project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure HAZ-HS-2: Prior to the commencement of grading on the Holly Springs site, all trash, debris, and waste materials discovered on site shall be disposed of off site, in accordance with current local, state, and federal disposal regulations. Any materials containing petroleum residues encountered during property improvements shall be evaluated prior to removal and disposal following proper procedures. Any buried traswdebris encountered shall be evaluated by an experienced environmental consultant prior to removal. Factual Support and Rationale - Prior to the commencement of grading on the Holly Springs site, all trash, debris, and waste materials discovered on site shall be disposed of off site, in accordance with current local, state, and federal disposal regulations. Any required additional measures identified during the cleanup will be implemented prior to grading. Implementation of Mitigation Measure HAZ-HS-2 prior to grading will ensure that all potentially hazardous materials are removed from the site before development is in place. - CEQA Findings of Fact And Statements of Overriding Considerations 43 1011 312004 Cantarini/Holly Springs Developments 2.8 ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES Cantarini/Holly Springs 2.8.1 Disturbance of Buried Native American Artifacts Impact - Although archaeological testing have determined that the Cantarini and Holly Springs sites do not contain significant scientific resources, Luiseno people from the San Luis Rey Band have expressed concern regarding potentially significant impacts to buried deposits in association with project grading. Finding - Pursuant to CEQA Guidelines 0 15091(a)( l), changes or alterations have been required in or incorporated into the Cantarini and Holly Springs projects that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure ARCH-C/HS-1: As a means of mitigating cultural concerns of the Luiseno people, monitoring of grading in the archaeological site locations shall be performed by either knowledgeable Luisenos or archaeologists. The field monitors shall have the authority to temporarily halt grading and to examine prehistoric resources if they are encountered. Prior to the commencement of grading, the Construction Contractor shall meet with Archaeological Monitor to determine when grading and archaeological monitoring would take place in proximity to the archaeological sites. Prior to commencement of grading the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of the agreement will be to formalize procedures for the treatment of Native American human remains, burial, ceremonial or cultural sites that may be uncovered during any ground disturbance activity. Prior to commencement of grading on the Holly Springs site, a qualified archaeologist shall place temporary fencing along the perimeter of site HS-1. Handclearing within the fenced portion of HS-1 shall be allowed under supervision by a qualified archaeologist or Luisenos. In the event archaeological features are discovered, the archaeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. Work outside the area of the find shall proceed along with the continuation of archaeological monitoring. Factual Support and Rationale - Mitigation Measure ARCH-C/HS- 1 will reduce the potentially significant impact of disturbance of Native American Artifacts (if any) during grading activities to a level less than significant. The mitigation measure requires a pre- CEQA Findings of Fact And Statements of Overriding Considerations 44 IO/] 312004 Can tarin i/Holly Springs Developments excavation agreement with a representative of the San Luis Rey Band of Mission Indians, coordination with and supervision of field monitors who will be present during pregrading meetings and initial grading, a field monitor who has authority to halt grading if any prehistoric artifacts that are uncovered, and provision for a qualified archaeologist or Luiseno to implement a data recovery plan in the event any prehistoric artifacts are discovered. The monitoring and potential data recovery programs as well as pre-excavation coordination with the Luiseno people is being required at the request of the Luiseno people and has proven to be effective in avoiding impacts from grading on archeological resources. 2.8.2 Disturbance of Cretaceous and Quarternary Formations Impact - Grading for the Cantarini and Holly Springs sites may involve disturbance of Cretaceous and Quaternary age formations. Destruction of any fossils that may exist in these formations would represent a significant impact. Finding - Pursuant to CEQA Guidelines $15091(a)(l), changes or alterations have been required in or incorporated into the Cantarini project that would avoid or substantially lessen the significant environmental effect as identified in the EIR. Implementation of the following mitigation measure will reduce the identified significant impact to below a level of significance: Mitigation Measure PALEO-C/HS-1: The following paleontological resources monitoring program shall be implemented during construction for the Cantarini and Holly Springs projects: The owner shall contract with a paleontologist to be on site at the time of excavation and a report of the findings shall be submitted to the City following completion of excavation. Prior to the issuance of the grading permit, the applicant shall provide a letter stating that a Qualified Paleontologist has been retained to implement the monitoring program described in this plan. A Qualified Paleontologist is defined as any person holding an advanced degree in paleontology or closely related discipline such as geology or paleobiology, and also having at least four years of experience with the geological formations of San Diego County. The Qualified Paleontologist shall supervise Paleontological Field Monitors utilized during the project. Minimum qualifications for Paleontological Field Monitors shall be a Bachelors degree in paleontology or closely related discipline such as geology or paleobiology plus one year of experience with the geological formations of San Diego County. CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 45 10/13/2004 L& All persons involved in the paleontological monitoring of this project shall be approved by City staff prior to the start of any construction excavation. The applicant shall notify City staff of the start and end of the construction. The Qualified Paleontologist shall attend any preconstruction meetings to make comments and/or suggestions concerning the monitoring program as it specifically relates to the construction plans and schedule. All areas requiring monitoring shall be noted on the grading plans of the job foreman and the Paleontological Field Monitor. It is the job foreman’s responsibility to notify Qualified Paleontologist 24 hours prior to grading areas where monitoring is required. The Qualified Paleontologist or Paleontological Field Monitor shall be present on site full-time during excavations in moderately or highly sensitive geological formations. In the event that fossils are encountered, the Paleontological Field Monitor shall notify the job foreman and shall have the authority to divert, re- direct, or temporarily stop ground disturbing activities in the area of a discovery to allow an initial assessment of the deposit as well as to recover samples. A fossil discovery may be of a caliber that the Qualified Paleontologist must evaluate its significance to determine if a larger salvaging program is required to mitigate adverse impacts. All discovered fossil sites shall be recorded at the San Diego Natural History Museum in conformance with their standard procedures. If the Qualified Paleontologist determines that a discovery is significant, then he or she will prepare a salvage plan that specifies the techniques to be used for the recovery of fossils in a timely fashion. The City staff must review and approve the salvage plan prior to its implementation and prior to the resumption of excavation anywhere near the discovery locale. All fossil remains recovered during the monitoring program shall be cleaned, sorted, repaired, and cataloged. Specialized studies such as palynology, grain- size, or radiometric analyses shall be conducted as appropriate and with the approval of the City environmental staff. Ultimately, all recovered specimens, fieldnotes, photographs, sketches, catalogs, special studies and related items will be prepared for curation in an appropriate institution. The project applicant shall curate all collections and associated data with a qualified local scientific institution. The applicant shall formally transfer legal title to the collections to the receiving institution and shall provide a copy of the letter of acceptance from the qualified curation facility in an appendix to the final monitoring report. The Qualified Paleontologist shall be responsible for preparing an appropriate technical report to fully document the results of the monitoring program. Minimally, negative monitoring reports must briefly describe the construction CEQA Findings of Fact And Statements of Overriding Considerations 46 1011 312004 CantaridHolly Springs Developments 67 project, list the personnel utilized, and specify the dates monitoring was performed. The field methods used must be identified and a summary of the observed stratigraphy shall also be provided. If fossils are encountered and collected during the monitoring program, the monitoring report shall include some or all of the following information as appropriate. The methods discussion shall include techniques used in the salvage effort in addition to a complete description of the various laboratory methods used including any special studies undertaken. The stratigraphy of each collecting locality shall be described and a full description of all invertebrates, reptiles, birds and mammals collected or observed shall be provided. The results of any special studies shall be presented along with a discussion of the importance of the total collection to expanding our knowledge of the prehistoric past. Factual Support and Rationale - Grading for Cantarini and Holly Springs Projects may uncover Cretaceous and Quaternary age formations, which may contain significant paleontological resources. The mitigation measures require a monitoring program and approved qualified paleontological monitor to be present during pregrading meetings and initial grading, with authority to halt grading if resources are uncovered or evident. If identified, the City and the paleontologist will coordinate a salvage program before grading. may resume in the fossil area. Through this process, and the cleaning, storage and contribution of any fossil remains to the San Diego Natural History Museum, any significant paleontological resources that may be present on the Proposed Project sites will be protected. These procedures combined with a final report from the monitor have proven to be an effective program for preservation and recovery, where appropriate. CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 47 IO11 3/2004 3.0 Findings of No Significant Impacts The following issues were analyzed in preparation of the EIR and were found to not entail significant environmental effects. Accordingly, no mitigation is necessary for these issues. 3.1 LAND USE PLANNING CantarinVHolly Springs 3.1.1 Consistency with the Sunny Creek Specific Plan As discussed in Section 4.1.3.1 of the Final EIR, both the Cantarini and Holly Springs projects would be consistent with the land use type and density anticipated for the sites by the Sunny Creek Specific Plan (Specific Plan). Both projects would be developed with 1-3 story, single-family estate residential developments at a maximum density of one udO.5 acre, in accordance with the designations of the Specific Plan. The proposed development would also be generally consistent with the design standards listed in the Specific Plan. Grading for both projects will incorporate contour grading techniques and manufactured slopes that would generally not exceed 40 feet in height. Grading would occur on slopes with a gradient greater than 25 percent, which is allowed if the grading is essential to the development and slope disturbance will not result in impacts to wildlife movement. The grading proposed for both projects would generally not result in significant adverse impacts to existing landforms. Grading on 25 percent slopes would be consistent with the overall goal of the design standards that impacts to sensitive landforms be minimized. 3.1.2 Consistency with the City of Carlsbad Scenic Corridor Guidelines Both projects would be visible from El Camino Real, which is subject to the requirements set forth in the City of Carlsbad Scenic Corridor Guidelines (Corridor Guidelines). The proposed projects would not substantially alter the character of views from El Camino Real, which are currently characterized by a combination of residential development and open space uses. Project development would entail single-family uses interspersed with open space, as consistent with the character of existing residential developments in the area as well as the density requirements of the Specific Plan. 3.1.3 Consistency with the City of Carlsbad Open Space and Conservation Resource Management Plan In accordance with the Resource Management Plan, the areas proposed to remain as open space would include a majority of the native habitat present on the site. These open space areas provided in the project sites would provide interconnected blocks of open space within Cantarini and Holly Springs that would connect with areas planned for open space to the CEQA Findings of Fact And Statements ofoverriding Considerations 48 IO/] 3/2004 Cantarini/Holly Springs Developments north and east of the project. The projects propose the use of a de-pollution basin with minor detention to minimize the impacts to Agua Hedionda Creek. This basin is proposed in the southern portion of the Cantarini site (Lot 117). The basin would collect and convey runoff to planned facilities within the proposed roadways. 3.1.4 Citywide Trails Program The projects include establishment and maintenance of an on-site, multi-purpose trail system that would utilize existing dirt pathways located along the northern and eastern border of the sites. The on-site trails system would be consistent with the 1992 City of Carlsbad’s Open Space and Conservation Resource Management Plan trails system and the draft City guidelines for the proposed update to the Citywide Trails program prepared in 2001. Existing trails to remain within open space areas will remain in their natural state except for repairs or maintenance necessary to fix ruts or control erosion. The multi-purpose trails are intended to facilitate recreational and circulatory opportunities for pedestrian, cyclist, and equestrian uses. Trail materials for trails adjacent to open space areas would include decomposed granite (DG) and split rail wood fencing. Trails proposed within the residential portions of the project would include DG, asphalt walks, and designated sidewalks. The trails in the northwestern portion of the Holly Springs property will provide a linkage with the Citywide trail that is planned to cross College Boulevard north of Cannon Road. The trails on the site would protect sensitive resource areas by utilization of existing trails or their establishment in other disturbed areas. For more detail on the projects’ trail system and its consistency with the Citywide Trails Program, see Section 4.1.3.1 of the Final EIR. 3.1.5 Effect on the Surrounding Established Community Implementation of the proposed residential and open space uses would not physically divide an established community. The area adjacent to the proposed project sites is characterized by predominantly residential developments interspersed by open space and agricultural uses. Development is generally centered around major circulation element roads in the project vicinity including El Camino Real. The proposed projects would represent the extension of . residential uses anticipated by the General Plan in the vicinity of El Camino Real and College Boulevard. 3.1.6 Consistency with Zoning The projects would require a rezone from Limited Control and Residential Agriculture to One-Family Residential, Residential Density-multiple, and Open Space. The proposed zones would not conflict with the intent of the existing zoning and planned land use patterns for the area. The Limited Control Zone is intended as an interim zone to allow for hture planning of urban land uses. In addition, single-family residences are allowed within the Residential Agricultural zone. CEQA Findings of Fact And Statements of Overriding Considerations CantarinUHolly Springs Developments 49 IO/] 3/2004 3.1.7 Flood Plain Regulations The Cantarini and Holly Springs sites are located completely outside of the floodplain of Agua Hedionda Creek. As a result, it is not anticipated that implementation of the project would conflict with the floodplain regulations. The proposed alignment of College Boulevard would extend within the floodplain of Agua Hedionda Creek. However, all impacts of the roadway to the floodplain have been addressed as a part of the EIR prepared for the Calavera Hills Master Plan. 3.1.8 Growth Management Program-Proposed LFMP Amendment The projects are considered to be consistent with the City’s Growth Management Program. The proposed Cantarini and Holly Springs residential density and unit count would be a reduction from that anticipated for the site by the Local Facilities Management Plan (LFMP). Therefore, an amendment to the LFMP is required for the Proposed Projects. Reduction in the number of units anticipated for the site would mean that implementation of the project would not adversely impact planned or current levels of service for public facilities such as sewer, water, open space, parks, libraries, fire, and police. 3.1.9 Inclusionary Housing Ordinance Affordable housing is provided for the Proposed Projects in accordance with the City Inclusionary Housing Ordinance. Forty of the 80 multiple family units proposed in Lot 14 would be classified as affordable. The remaining 40 units would be market rate residential units. 3.1.10 McClellan-Palomar Airport Comprehensive Land Use Plan The projects are located outside of the McClellan-Palomar Airport’s Airport Influence Area. As a result, it is not anticipated that the proposed projects would conflict with such airport’s comprehensive land use plan. Proposed residential structures would also not exceed any height limits or residential densities that conflict with the requirements of the Comprehensive Land Use Plan (CLUP) for areas within the Airport Influence Area (AIA). Both Proposed Projects are located within the Noise Impact Notification Area (NINA), which covers a 3- mile radius around the airport. In accordance with the CLUP, future property owners will be notified that aircraft noise will be audible within the NINA. As discussed in the CLUP noise within the NINA is not considered adverse to public health or safety issue; therefore, being within the NINA is not a significant impact of either project. 3.1.11 City of Carlsbad Landscape Manual The landscape plan for the Cantarini and Holly Springs projects would incorporate general features required by the City Landscape Manual. All exposed manufactured slope faces CEQA Findings of Fact And Statements of Overriding Considerations Can tarin i/Holly Springs Developnieri ts 50 1011 312004 adjacent to open space would be revegetated with native species consistent with that associated with surrounding native open space areas. Brush management for fire protection w,ould require minimal encroachment into environmentally sensitive areas as required by the Landscape Manual. 3.1.12 City of Carlsbad Subdivision Regulations The Proposed Projects include tentative maps that have been prepared in accordance with the requirements of the Subdivision Regulations. As required by the subdivision regulations, this EIR has been prepared in accordance with CEQA to disclose the potential environmental impacts associated with the project. Parcel A of the Holly Springs project is proposed as a remainder parcel. Identification of a remainder parcel is consistent with the Subdivision Regulations when a parcel is not proposed for development or permanent open space use but is included in the same ownership as other portions of the tentative map. Also, two remainder parcels in the southern portion of the Cantarini property will be consolidated with lots to the south as part of future proposed development. Cantarini 3.1.13 Compatibility with On-Site and Surrounding Land Uses Development of the site with single-family and multi-family residential uses would be compatible with existing and planned surrounding land uses, which include a mix of existing and planned single-family residential uses interspersed by agriculture and natural open space. 3.1.14 General Plan Amendment The intent of the proposed GPA is to define the limits of the open space in accordance with the draft HMP. The Cantarini project does not entail a change to the existing single-family residential density designated for the site, and the number of residential units and the . proposed density as a part of the project represents a reduction from the maximum number of units allowed on the proposed property by the current land use designation and the City LFMP. As a result, the proposed GPA is consistent with the intended development of the area for single-family residential uses. ~ The Cantarini project includes a multi-family residential component that is not consistent with the densities anticipated by the General Plan for the site. An amendment of the General Plan is required in order to reflect a transfer of density to the affordable housing site. The transfer is proposed to comply with the City Inclusionary Housing Ordinance which requires that 15 percent of housing in new developments be set aside for affordable housing. Such compliance, combined with the fact that the two projects would contribute to an overall CEQA Findings of Fact And Statements of Overriding Considerations CantaridHolly Springs Developments 51 10/13/2004 reduction to the total number of residential units anticipated in the LFMP, the proposed transfer of density is not a significant inconsistency with the requirements and policies of the General Plan. ’ 3.1.15 Draft Habitat Management Plan The project revisions to the approved hardline preserve areas anticipated for the site by the draft HMP would not adversely impact the ability of the City to meet the goals of the draft HMP. The project proposes to revise the hardline preserve areas to accommodate portions of streets “A, Cy D, J, and M” and Lots 8, 36, 37, 43, 59, 60, 71, 81, 86, 87, 90, 91, 95, 96, 99, 100, 102, and 108 through 112. Grading and brush management activities in the rear portions of these lots would extend into areas currently approved as hardline preserve areas. The extension of grading into the hardline preserve areas associated with the residential lots would be limited to the border of the approved hardline preserve areas where grading or brush management is necessary pursuant to City requirements. The minor encroachments, associated with the grading for these lots is considered consistent with the biological resource preservation goals of the draft HMP. 3.1.16 Hillside Development Regulations Implementation of the project would result in alteration of existing landforms that do not conflict with the goals of the Hillside Development Regulations. The project grading quantities would be balanced between cut and fill material. The maximum height of proposed cut and fill slopes would be 42 and 43.5 feet, respectively. All exposed manufactured slopes would be contour graded to simulate natural terrain. Holly Springs 3.1.17 Compatibility with On-Site and Surrounding Land Uses Development of the site with 43 single-family units and associated circulation elements would be compatible with on-site or surrounding existing land uses. Portions of the existing .. agricultural uses on site would remain following development of the project. Areas designated as Lots 49 through 52 would not be developed until the agricultural production in Lot 53 is terminated and revegetated with native plant species. - The project would also be compatible with surrounding planned land uses. The areas to the north are proposed to remain as natural open space as a part of the draft HMP. The proposed project would be consistent with the open space preservation goals of the draft HMP and would provide appropriate open space connections with areas to the north and east. Lots 10, 18, 27, 47, 48, and 53 of the Holly Springs project would provide a natural open space link with drainages and upland areas within state-owned open space land to the north as well as with natural open space planned as part of the Cantarini project. The Holly Springs project CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 52 10/13/2004 would also be compatible with the Cantarini project, considering that the single-family residential units for both projects would be the same type and are proposed at the same density. Circulation and open space elements of both projects have also been designed simultaneously to address City requirements. 3.1.18 General Plan Amendment (GPA) The GPA proposed as part of the Holly Springs project would not conflict with the land use designations or policies of the General Plan related to the project site. An amendment to the General Plan is proposed as a part of the Holly Springs project to define the single-family residential and open space areas. A new OS (open space) designation will be proposed for the open space lots. No change to the existing RLM (Low-Medium density) designation is proposed, and the project would construct residences at a density anticipated and allowed by the existing RLM designation. The proposed Holly Springs Project would be consistent with the trails policies of the General Plan. Open space proposed in Lots 10, 48, 53, and 47 would contain trails designed for multi-purpose use that would provide connections with off-site areas to the north and east. Provision of trails within open space areas is consistent with the General Plan Land Use as well as the Conservation and Open Space Elements, which call for a trail system to extend through the project vicinity. 3.1.19 Draft Habitat Management Plan The Holly Springs project would be consistent with the biological resources conservation goals of the City’s draft HMP. In general, the open space configuration proposed as a part of the project is consistent with the approved hardline configuration anticipated for the site in the draft HMP (Figure 2.0-4). Open space Lots 10, 18, 27, 47, 48, and 53 would provide blocks of natural open space that would provide connections with planned open space areas to the north of the site and within the Cantarini site. 3.1.20 Hillside Development Regulations The project is consistent with the Hillside Development Regulations. As discussed fbrther in Section 4.2, VisuaYAesthetics, the proposed grading would not conflict with City requirements. Grading would not occur on steep slopes (slopes with a gradient over 40 percent as defined by the Hillside Development Regulations). The maximum height of proposed cut and fill slopes would be 30 and 32 feet, respectively. These slope heights would be within the limits of the Hillside Development Regulations. All exposed manufactured slopes would be contour graded to simulate natural terrain. - CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 53 10/13/2004 7+ 3.2 VISUAL AESTHETICS/GRADING Cantarini 3.2.1 Landform Alteration/Hillside Development Regulations Grading for residential uses and project roadways would cover 95.9 acres of the Cantarini site. Within the tentative map (TM), the remaining 59.14 acres of the site have been proposed for natural open space. Grading work would not conflict with the goals of the Hillside Development Regulations. On-site grading for Cantarini would involve approximately 774,096 acres of cut material and approximately 694,842 cubic yards of fill katerial. The overall grading plan for Cantarini would be balanced at 1,2 17,844 cubic yards of cut and fill when remedial on-site grading and grading for College Boulevard, required to be completed by the project applicant, are included in the grading quantities. Grading totals for Cantarini include approximately 26,000 cubic yards of cut and fill for the Holly Springs Road. Maximum slope heights for cut and fill would be 43.5 feet and 33 feet respectively. All exposed manufactured slopes of length greater than 200 linear feet would be contour graded to simulate natural terrain. All manufactured slope heights, with the exception of a 43.5-foot slope opposite of Lot 17, would be below the 40-foot requirement of the Hillside Development Regulations. Exceeding the 40-foot requirement by 3 feet (less than 10 percent) for a circulation element road is not considered a significant deviation from the ' Hillside Development Regulations. 3.2.2 Impacts to Views from Public Vantage Points Grading for project pads and roadways and residences would be visible to east and westbound travelers on El Camino Real. Lots 1-32, 34-53, and 57-78 and the multiple family units would be visible within relatively long range views (residences would be approximately 3,000 feet to the east of El Camino Real) available to motorists from El Camino Real. Views of Lots 81 through 90 would be partially obscured by residences and grading on Lots 1-32, 34-53, and 57-78 as well as intervening landscaping and topography adjacent to El Camino Real. Residences proposed on Lots 103, and 105-1 12 would also be ' within the long-range views of motorists and pedestrians. A majority of the single-family and multiple family residential uses would be within long-range views from the higher elevations of the College Boulevard alignment. Lots 1-7, and 16-23 would be partially obscured by existing intervening structures and landscaping. Views of single-family residential Lots 16-32, 34-53, 57-78 and 81-100 would be blocked by intervening topography when viewed from Calavera Hills. Visible portions of the Cantarini project would include the multiple family units, Lots 1-7 and 16 proposed adjacent to the extension of College Boulevard and units 103, and 105-1 12 proposed on the higher elevations on the eastern portion of the site. CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 54 1011 312004 95 3.2.3 Effects on Existing and Planned Visual Character The Cantarini project would be generally compatible with the existing visual character and the requirements of the Sunny Creek Specific Plan regarding the preservation of the visual character of the area. Although the proposed project would be visible from El Camino Real , and College Boulevard, the proposed Cantarini project would not substantially alter the character of views from these vantage points. Existing short and long-range views from El Camino Real and College Boulevard in the vicinity of the Cantarini project include residential developments immediately adjacent to El Camino Real and within the City of Oceanside at the top of the visible slopes. In addition, views of lots in the southern and southwestern portion of the site from El Camino Real would be partially blocked by intervening residences and topography. The proposed open space areas would connect with larger planned open space areas to the north and east of the site. As required by the Sunny Creek Specific Plan, contour grading would be utilized on all exposed manufactured slopes to simulate natural terrain. Holly Springs 3.2.4 Landform AlteratiodHillside Development Regulations Holly Springs project grading is considered to be consistent with the intent of the Hillside Development Regulations. Grading associated with the 39 lots in phases I-V, not including the four lots in the final phase or grading for Holly Springs Road, would involve a balance of 165,000 cubic yards of cut and fill material. Grading for the Phase VI lots (Lots 49 through 52) of Holly Springs would involve approximately 3,700 yards of cut material and 3,900 yards of fill material. Grading in the western portion of the site would be generally restricted to minor cut and fill slopes on relatively level terrain. In the eastern portion of the site additional cut slopes would be necessary to accommodate grading on the ridge area. Maximum slope heights for cut and fill would be 30 feet and 32 feet respectively, which is within the slope height requirement of 40 feet. The grading quantities per acre would be approximately 7,340 cubic yards, which is within the acceptable range defined by the Hillside Development Regulations. As required by the guidelines, all exposed manufactured slopes greater than 200 feet in length would be contour graded to simulate natural terrain. In addition, grading for the Holly Springs development would not result in impacts to steep slopes covered by the Hillside Development Regulations. 3.4.5 Impacts to Views from Public Vantage Points Grading for project pads and roadways as well as residences would be visible to east and westbound travelers on El Camino Real. Lots 1-9 would be visible within relatively long range views (residences would be approximately 4,000 feet to the east of El Camino Real) available to motorists from El Camino Real. Views of Lots 11-26 and 37 would be generally blocked by residences on Lots 1 through 9. Residences proposed on Lots 33-35 and 38-46 CEQA Findings of Fact And Statements of Overriding Considerations 55 IO/] 3/2004 Cantarini/Holly Springs Developments 76 3.3 would also be within the long-range views of motorists and pedestrians. Distant views of most units (over 4,000 feet) would be available from College Boulevard. Lots 11-26 and 37 would be partially obscured by intervening topography and development of Lots 1-9. As shown in the simulations a majority of the Holly Springs development would be visible from the Calavera Hills area. In general, views of the Phase I1 residential lots and Lots 38-46 would be blocked by intervening topography or proposed residences. 3.4.6 Effects on Existing and Planned Visual Character The visual character of the surrounding area would not significantly change considering that open space characterized by existing native vegetation would be interspersed with the single- family residences, similar to that associated with existing residential development in the area. The proposed open space areas would connect with larger planned open space areas to the north and east of the site. These planned open space areas surrounding the site contain major topographical features that would not be impacted by the project. In addition, contour grading required by the Sunny Creek Specific Plan would be utilized on all exposed manufactured slopes to simulate natural terrain. BIOLOGICAL RESOURCES Cantarini/Holly Springs 3.3.1 Wildlife Impacts to commonly occurring and non-sensitive wildlife species occurring on both the Cantarini and Holly Springs projects may occur. Birds have a high mobility and will most likely be displaced during grading. Small mammals, amphibians, and reptiles with low mobility may be inadvertently killed during grading of the site. Impacts on common wildlife are considered less than significant. A Pedestrian Circulation and Trail Plan has been developed for Cantarini and Holly Springs. This plan identifies 3,806 linear feet (If) of existing trails that will remain as part of the proposed development. To minimize impacts associated with trails access into open space areas, the plan focuses trails near areas of proposed development and identifies 4,754 If of existing trails that will be permanently closed and revegetated. The plan also identifies proposed decomposed granite (DG) trails, meandering sidewalks, “livable street” sidewalks, and asphalt walks to be developed adjacent to proposed roads or residential lots. The Pedestrian Circulation and Trail Plan stipulates fencing to be used along the DG trails to prevent access to the open space. No trails cross wetland features other than those adjacent to roads for which conspan crossings of such features are proposed. With project features such as the Pedestrian Circulation and Trail Plan, the Conceptual Fencing Plan, and preservation of open space on site in accordance with the draft HMP, the CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 56 I O/I 312004 77 indirect impacts associated with proposed development are not expected to cause a reduction to the wildlife populations of the area below self-sustaining levels. As a result, any indirect impacts of the proximity of development to wildlife within adjacent open space areas are considered less than significant. 3.3.2 Sensitive Plants Implementation of the Cantarini project would not impact any sensitive plant species other than California adolphia. The Holly Springs project would impact plant communities that support the spiny rush. Because this species is not identified as sensitive by local, federal or state regulations, impacts to this species would be adverse, but not significant. 3.3.3 Wildlife Corridors The Proposed Projects have been designed to retain a 700-foot-wide movement corridor along the eastern boundary of the Holly Springs property and the northeastern corner of the Cantarini property. This will allow for the continued movement of wildlife between the open space areas to the north, such as the Bank of America mitigation bank, and open space areas to the south and southeast. 3.3.4 Consistency with Draft Habitat Management Plan Overall, there is no net change in acreage between the approved hardline preserve area and the revised hardline preserve area combined for both the Cantarini and Holly Springs projects. When both projects are developed, a total of 113.39 acres of hardline preserve area will be dedicated as permanent open space which is equivalent to the acreage of the approved hardline preserve areas for both properties in the draft HMP. In addition, 1.62 acres located within the “standards” area of Cantarini (Rancho Carlsbad exchange parcel) will be preserved. The discussion presented below provides a comparative analysis of the proposed revisions to the hardline preserve areas on the individual Cantarini and Holly Springs project sites. Figures 2.0-4 and 2.0-8 of the FEIR show both the approved hardline preserve area and the revised configuration of the hardline preserve area for reference. Cantarini 3.3.5 Disturbed Lands Implementation of the Cantarini project would result in impacts to areas identified as disturbed in habitat mapping. Impacts to such land are not considered significant. CEQA Findings of Fact And Statements of Overriding Considerations 57 10/13/2004 CantarinilHolly Springs Developments 38 3.3.6 Consistency with Draft Habitat Management Plan The revisions to the hardline preserve areas on Cantarini would result in a relatively minor net loss of sensitive native upland and wetland habitats (less than two acres of coastal sage scrub, southern mixed chaparral, southern willow scrub, freshwater marsh) compared with the overall preservation of the same habitat types. As shown in Table 4.3-5 of the FEIR, preservation of 5.64 acres of coastal sage scrub and 0.59 acres of southern mixed chaparral is proposed as a part of the Cantarini project. Wetland habitats preserved onsite include 2.24 acres of freshwater marsh and 2.61 acres of southern willow scrub. Also proposed is an additional 2.24 acre area in the southern central part of the revised hardline preserve area that will be restored to freshwater marsh and southern willow scrub. Considering that the acreage of the habitat preserve area for the combined Cantarini and Holly Springs projects and associated habitat conservation generally conforms with the approved hardline preserve area and that additional restoration of wetland and upland habitats is proposed onsite, the net decrease in four habitat types would not make the Cantarini project inconsistent with the habitat conservation goals of the draft HMP for the site. As discussed mher in Section 4.1, Land Use Compatibility, to ensure that the overall hardline preserve area is consistent with that anticipated by the draft HMP, the Cantarini project will be conditioned that if Holly Springs is not implemented as proposed an additional 1.86 acres within an identified habitat preserve area must be dedicated as open space as a part of the Cantarini tentative map. A wetland buffer is proposed throughout the project site that is intended to preserve the functions and values of the wetlands. As shown in Fiewe 2.04 of the FEIR, the proposed project has been designed to ensure that lots are not proposed adjacent to the wetlands. All lots are across the street from wetlands and no rear yards are adjacent to wetlands. Streets “C” and “D” and the trail connection will act as deterrents to access to wetland areas by future residents. In addition, runoff from residences in the vicinity would be directed into roadway storm drains and not flow directly into the wetlands. Given that a functional buffer will be maintained in this area, that a minimum distance of 108-136 feet will be provided between residential lots and wetlands areas, and that buffers would be expanded in other portions of the site, overall the project is considered consistent with the goal of the draft HMP to provide wetland buffers. Disruption of potential wildlife comdors would not be consistent with the draft HMP; however, the revised hardline preserve area largely satisfies the goal to provide connectivity between habitat core areas through preservation of the 700-foot comdor within the northeastern portion of the site. In accordance with the draft HMP, this comdor serves as the primary connection between the draft HMP open space on the project site and other larger open space areas to the north, south and east. CEQA Findings of Fact Cantarini/Holly Springs Developments And Statements of Overriding Considerations 58 10/13/2004 79 Holly Springs 3.3.7 Disturbed/Developed Lands Implementation of the Holly Springs project would result in impacts to areas identified as , disturbed or developed in habitat mapping. significant. Impacts to such lands are not considered 3.3.8 Consistency with Draft Habitat Management Plan With implementation of the Holly Springs project, the approved hardline preserve areas would be revised from the total of 58.04 acres approved in 1999 to 59.9 acres. Revision to the approved hardline preserve areas on the Holly Springs property would result in a net increase of 1.86 acre of lands to the hardline preserve. The proposed adjustment would represent a net increase in preservation of coastal sage scrub (0.67 acre), coast live oak riparian forest (0.07 acre), cismontane alkali marsh (0.1 8 acre), southern mixed chaparral (0.41 acre), disturbed lands (0.16 acre), and agricultural lands (2.51 acres) and a net decrease in preservation of native grassland (-0.33 acre) and non-native grassland (-1.81 acres). There would be no net change to freshwater marsh, mule fat scrub, southern willow scrub, or developed lands. The revised hardline preserve areas are discussed in more detail below. The revised hardline preserve areas would provide better connectivity in the south-central portion of the site (Lots 48 and 53). The approved hardline preserve area in this location did not extend to the boundary of the site since a road crossing was anticipated to cross the open space along the southern boundary. The revised hardline preserve area includes southern mixed chaparral, non-native grassland, and coastal sage scrub in this area, which provides a continuous block of habitat between Cantarini and Holly Springs. This revision is consistent with the goals of the draft HMP. The most substantial revisions to the Holly Springs approved hardline preserve area would result in additional encroachment into coastal sage scrub and native grasslands in the northern and central portions of the site (Lots 5-9, 13, and 14). Although considered adverse, impacts to these sensitive habitat types would be consistent with the draft HMP as long as they were adequately mitigated according to the draft HMP’s mitigation framework. Implementation of the Holly Springs development would not result in any impacts to wetland vegetation communities. Therefore, overall, the revised hardline preserve areas are consistent with the goals of the draft HMP to preserve wetland communities. CEQA Findings of Fact And Statements of Overriding Considerations 59 10/13/2004 Cantarini/Holly Springs Developments 3.4 TRANSPORTATION/CIRCULATION Cantaririi/Holly Springs 3.4.1 Traffic Generation and Impacts to Local Circulation System The projects entail residential uses that would generate traffic on the local circulation system. Because the projects represent a reduction in the number of residences that would be constructed on the sites from that assumed in the Zone 15 LFMP, the project would add a lesser amount of traffic than initially anticipated by the Zone 15 LFMP (approximately 2,110 daily project trips as opposed to 11,150 initially assessed daily trips). Future traffic impacts of full buildout of the Zone 15 LFMP were previously assessed by the City and it was determined that no significant impacts would result. As the projects would not exceed their initially analyzed amounts, there would be no significant impacts to the local circulation system. 3.5 AIR QUALITY Holly Springs 3.5.1 Grading and Construction Emissions Construction activity on the Holly Springs project would not generate air pollutants in excess of relevant San Diego Air Pollution Control District thresholds. Grading work on the project would also not exceed relevant thresholds from the district. Therefore, there would be no significant impact with respect to grading and construction emissions. 3.5.2 Residential Fixed Emissions Pollutant generation from fireplaces on the Holly Springs development would not produce emissions in excess of Environmental Protection Agency (EPA) or San Diego Air Pollution Control District thresholds. Therefore, there would be no significant impact with respect to residential fixed emissions on the Holly Springs project. Cantarini/Holly Springs 3.5.3 Vehicular Emissions As discussed in the FEIR, the projects would result in cumulative impacts due to vehicular emissions. Air quality analysis of the projects determined that the relatively small quantity of traffic generated by the project would not generate vehicular emissions in excess of relevant San Diego Air Pollution Control District thresholds. Therefore, there is no significant project-level impact with respect to vehicular emissions for the two projects. CEQA Findings of Fact And Statements of Overriding Considerations Can tarini/HolIy Springs Developments 60 10/13/2004 3.6 AGRICULTURAL RESOURCES Cantarini 3.6.1 Conversion of Agricultural Lands Implementation of the Cantarini project would result in the conversion of 63.9 acres of land currently in agricultural production to residential or open space uses. A majority of the 63.9 acres is identified as Prime Farmland, Farmland of Statewide Importance or Unique Farmland by the Important Farmland Mapping Program. The proposed conversion of this agricultural land to residential or open space uses is not considered to be an adverse impact to agricultural resources within the City because this area has been identified for development in the General Plan, the Sunny Creek Specific Plan, and the Zone 15 LFMP. Holly Springs 3.6.2 Conversion of Agricultural Lands The Holly Springs project would entail the conversion of a small amount of existing agricultural land. The land on the site is not mapped as important farmland. The City does not consider conversion of the agricultural resources on the site to non-agricultural uses a significant impact, as the land has been identified for development in the General Plan, the Sunny Creek Specific Plan, and the Zone 15 LFMP. CantarinVHolly Springs 3.6.3 Williamson Act Contracts The Cantarini and Holly Springs project sites have not been designated as an agricultural preserve under the Williamson Act, nor are they contiguous with land designated as an agricultural preserve. Therefore, there is no impact with respect to Williamson Act Contracts. 3.6.4 Agricultural Zoning and Land Use Designations The City General Plan and Zoning designations, as well as the LFMP for Zone 15, anticipates development of residential uses and preservation of vacant land for open space, in accordance with the HMP, on the site and in the surrounding area. The existing zoning designations on the site, Limited Control (L-C) and Residential Agricultural (R-A-1 O,OOO), are not intended to preserve the site in agricultural uses. The L-C zone is intended to provide an interim zone for areas where planning for hture land uses has not been completed or plans of development have not been finalized. The L-C zone permits the continued use of land for agricultural purposes in anticipation of fbrther planning. The Residential Agricultural zone allows for CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 61 I O/I 312004 agricultural uses to be combined with residential and does not intend for a site to be used solely for agricultural purposes. Therefore, the conversion of a portion of the project site from agricultural land to residential development and open space would not result in significant impacts to agricultural resources. 3.7 NOISE CantarinUHolly Springs 3.7.1 Long-Term Noise On Site The noise contour identified that the western units of ille multiple family lot (Lot 14) of the Cantarini tentative map would be adjacent to the 65 decibel (dB) contour. However, the parking area between the western units of the multiple family lot would provide an adequate buffer to ensure that the useable outdoor open space would not be exposed to noise levels that exceed the City of Carlsbad Noise Standards. The noise contours for roadways adjacent to the Holly Springs development have a sufficient distance from on-site development so as to not present significant exterior or interior noise levels on the site. Noise would not be received on the project site in excess of the City’s thresholds. Cantarini/Holly Springs 3.7.2 Construction Noise Construction of the Proposed Projects would involve mass grading and the operation of large construction equipment, such as graders, bulldozers and trucks. In addition, blasting operations may be required on the eastern portion of the Holly Springs property. The construction operations will expose existing residents adjacent to the project site to a short- term increase in noise levels. The closest existing residences are located at the northeastern boundary of the proposed project site and are within the City of Oceanside. Construction noise would conform to the standards set forth in the City of Carlsbad’s Noise Ordinance and the City of Carlsbad Municipal Code, and the short-term construction noise impacts associated with Cantarini and Holly Springs would not be considered significant. CEQA Findings of Fact And Statements of Overriding Considerations Can tarin i/Holly Springs Developments 62 10/13/2004 83 3.8 HYDROLOGY/WATER QUALITY Cantarini 3.8.1 Hydrology The drainage pattern on site will be altered by the development and grading associated with the proposed project, including removal of the existing agricultural pond and dam. Development on the Cantarini site would not alter the overall direction of drainage from the site, and the outfall locations associated with the proposed project would generally be the same as current conditions. With the implementation of the proposed storm water conveyance system, all runoff would be similar to the existing conditions and runoff would continue to be directed south into Agua Hedionda Creek. All public storm drain systems would be reinforced concrete pipe and sized to carry runoff from a 100-year, 24-hour storm event in an underground system that would convey runoff to historic outfall locations, without causing damage to adjacent properties. Through the implementation of a storm water conveyance system and a de-pollution basin with minor detention, the runoff rate exiting the site will not be adversely affected. As a result, it is not anticipated that implementation of the project would have an adverse significant impact to existing on site or downstream hydrologic conditions. Holly Springs 3.8.2 Hydrology The Holly Springs development would drain south toward historic outfall sites on the Cantarini property through a storm water conveyance system. Flow rates exiting the site at historic locations to the south were estimated to be less than existing rates and that the majority of drainage would continue to be conveyed to the south. Therefore, it is not anticipated that implementation of the project would have a significant adverse impact on existing hydrologic patterns. Those areas to the north of the proposed building pads and graded areas that are not proposed for development will maintain incidental drainage to the north and west of the Holly Springs property. No significant adverse impacts to the hydrology of the systems to the north and west of the property would occur as a result of the implementation of the proposed project. Considering that the project, as described, would convey all storm water runoff into facilities that would connect with the Cantarini project to the south, conveyance of the majority of the storm water runoff to the south is consistent with historic drainage patterns of the site. CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 63 1011 312004 3.9 PUBLIC SERVICES AND UTILITIES CantarinVHolly Springs 3.9.1 Water The Cantarini project’s single-family residential development is estimated to present demand of approximately 48,678 gallons per day, and the multi-family residential development is estimated to present a demand of approximately 37,088 gallons per day. The estimated demand for the Holly Springs project is 19,934 gallons per day. This anticipated demand is lower than anticipated for the site in the Zone 15 LFMP, and, therefore, the Proposed Projects would not present a significant impact to the City’s water system. Adequate volume and rate for fire flow would be met on the project development. 3.9.2 Reclaimed Water The Zone 15 LFMP does not contain standards of service for reclaimed water systems. Once the on-site improvements for the Proposed projects have been made, the estimated recycled water demand of 45,635 GPD presented by the projects would not place undue stain on the existing system in the vicinity of the proposed projects. Although reclaimed service within the 384-Zone for recycled water systems is not currently available to the Holly Springs project. Future anticipated development on the Mandana property to the east of the Cantarini site would be able to make use of the 384-Zone recycled water system. Accordingly, extension of the reclaimed water system for service to the Cantarini site must take this fbture development into account, and sufficient piping must be installed to accommodate this anticipated growth. 3.9.3 Sewer Facilities Due to the reduced density proposed by these projects when compared with the build out projections presented in the LFMP, the total projected demand on the local sewer facilities would be significantly lower than anticipated by the LFMP build out projections. Once all planned facilities associated with the South Agua Hedionda Sewer are completed the project would be connected to those facilities. However, there is sufficient capacity in the existing North Agua Hedionda sewer lines to accommodate the demand on sewer facilities that would be presented by the proposed projects if the South Agua Hedionda facilities are not completed prior to completion of the Cantarini and Holly Springs projects. However, as is a usual requirement, the proposed dwelling units for both the Cantarini and Holly Springs projects must pay the proper Sewer Benefit Fees in order to assure the provision of adequate service to the developments. CEQA Findings ofFact And Statements of Overriding Considerations Cantarini/Holly Springs Developnzents 64 10/13/2004 3.9.4 Gas & Electric Sufficient gas and electric service will be provided to both the Cantarini and Holly Springs projects by San Diego Gas & Electric. 3.9.5 Schools According to Carlsbad Unified School District projection figures, the Proposed Projects would result in the generation of a total of 87 additional students that would utilize the services of the district. The projects represent a decreased density and fewer dwelling units as compared to the existing plans for the area, and impacts to schools would be less than had initially been anticipated by the LFMP. Financing requirements for school facilities in Zone 15 are comprised of school fee payment and, if necessary, those costs of providing temporary facilities for student demand generated in advance of permanent accommodations. 3.9.6 Fire Facilities The Proposed Project sites would be completely serviced by the Carlsbad Fire District, and there would be no houses constructed outside of the LFMP-mandated five-minute response time area. Development of the project sites presents a slight increase in demand for fire and emergency services provided by the CFD, but this increase is not anticipated to present a need for new or altered fire protection facilities. 3.9.7 Police Services The Proposed Projects would present a slight increase in demand on Carlsbad Police Department resources. However, this increased demand is anticipated to be minimal, and the department is sufficiently staffed to absorb such demand and continue to meet their own general service guideline of maintaining a six-minute emergency response time. 3.10 GEOLOGY/SOILS Cantarini/Holly Springs 3.10.1 Erosion Both the Cantarini and Holly Springs project sites would be mass graded. Guidelines for grading have been set forth to assure that the project will not have an adverse effect with respect to erosion. The guidelines include provisions stating 1) runoff and erosion shall be reduced by the construction of temporary desiltation basins within each area of development; 2) Prior to any grading activities, temporary runoff control devices should be installed; 3) All graded areas shall have erosion control measures installed within 30 days after rough grading is completed. If permanent vegetation cannot be installed within the 30-day period, CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 65 1 O/I 312004 3.1 1 temporary erosion control measures shall be installed, if required, for maintenance of the public health, safety and welfare; 4) All temporary slopes not scheduled for development within 60 days shall be hydroseeded. All other graded areas not scheduled for development within 90 days shall be hydroseeded. Ninety percent (90 percent) germination is required by means of rainfall or with an irrigation system if rainfall is insufficient. Implementation of these standard practices will assure that there would not be a significant impact with respect to erosion. HAZARDS AND HAZARDOUS MATERIALS CantarinilHolly Springs 3.11.1 Use, Transport, or Disposal of Hazardous Materials The Cantarini and Holly Springs developments would not entail the routine use, transport, or disposal of hazardous materials, and the operation of the completed project is not anticipated to result in the endangerment of the public or the environment with relation to hazardous materials in any way. 3.11.2 Hazardous Waste Sites The Proposed Projects sites are not listed in any governmental database as a hazardous materials site, nor are the in close vicinity to any listed site, and such materials sites are not anticipated to present any significant impact to the proposed projects. 3.11.3 Underground Tanks and Other Subsurface Materials Due to the Proposed Projects sites’ history of agricultural usage, it is possible that buriedconcealedhidden tanks and agricultural by-products, both below and above ground, may have existed or exist that were not apparent at the t+e of previous site reconnaissance. There is a possibility that grading and construction could uncover such structures and materials, which may in turn create a potential hazard to the public or to the environment. However, due to the lack of physical evidence of any buried material on site, discovery of such material is unlikely, and this impact is less than significant. 3.11.4 Wildland Fires Due to the amount of open space bordering houses on the Proposed Projects sites, many of the residential lots may be subject to wildland fire hazards. In order to alleviate the potential for fire hazards, the tentative subdivision map includes a brush management and fuel modificatiodconservation zone in conformance with the policies set forth in the Carlsbad Landscape Manual. The zone will provide a buffer along the border of any lot that is sited adjacent to a designated open space area and that does not contain a roadway in between the CEQA Findings of Fact And Statements of Overriding Considerations 66 10/13/2004 Cam tarin i/Ho Ily Springs Developmem ts lot and the open space. This brush management zone will provide a minimum 60-foot buffer to potential wildland fires, protecting residential lots from encroachment by fire in the open space and reducing the potential fire hazards. In accordance with Section 1I.C of the Carlsbad Landscape Manual, a Fire Suppression Plan must be provided for the project site. This plan will be subject to review by the Fire Chief, and shall consist of a written and graphic plan illustrating fire hydrant locations, rear yard setbacks, fire control planting, emergency/maintenance access, brush management responsibility and schedule of frequency, and details of street widths. Cantarini 3.11.5 Presence of Agricultural Chemicals The potential for the presence of hazardous agricultural chemicals in surface soils on the Cantarini site led to the preparation of a Limited Phase I1 ESA for the property in January 2001. Results from laboratory tests indicated that detectable concentrations of harmful chemicals were not identified in on-site soils. Following thorough assessment of the property, the San Diego County Department of Environmental Health issued a closure letter indicating that sufficient study of the property had been performed and that hazardous chemical contamination was not likely to exist on site. Thus, there is no impact related to contaminated soil on site. 3.12 ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES Holly Springs 3.12.1 Archaeological Resources Archaeological survey of the Holly Springs site did not identify significant resources, and determined that the potential for undiscovered subsurface resources to be low. In order to reduce the potential for adverse affects to archaeological resources, the developer shall implement the following measures: a) Brush clearing in the fuel management zone will be done by hand, and no grubbing or other subsurface disturbing brush removal will be done; b) If machinery is used, or if subsurface disturbance will occur from brush removal, additional mitigation will be necessary in the fuel management zone; c) Any disturbance of the open space easement portion of the site will be avoided. These measures are included as conditions of tentative map approval for Holly Springs. CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 67 10/13/2004 3.13 POPULATION/HOUSING Cantarini/Holly Springs 3.13.1 Modification of Zone 15 LFMP Buildout Projections Implementation of the Cantarini and Holly Springs projects would result in a reduction in the number of residential units and population from that associated with the approved Zone 15 LFMP. Public Services and Utilities implementation of the project would not adversely impact planned or current levels of service for public facilities such as sewer, water, open space, parks, libraries, fire, and police. This is due to the reduction in the number of units anticipated for the site. As a result, the proposed projects are not anticipated to have a significant adverse impact to planned residential unit count, population, or growth patterns in the area. CEQA Findings of Fact And Statements of Overriding Considerations Cunturini/Holly Springs Developments 68 1011 312004 89 4.0 Findings Concerning Feasibility of Project Alternatives 4.1 APPLICABLE STANDARDS Under CEQA, whenever a public agency considers approving a project for which the EIR concludes that notwithstanding the incorporated mitigation measures, there will nonetheless remain significant impacts that are not avoided or lessened below a level of significance, the public agency must consider and make findings regarding the feasibility of alternatives discussed in the EIR. As stated in CEQA $21002: “[It] is the policy of the State that public agencies should not approve projects as proposed if there are feasible alternatives or mitigation measures available which would substantially lessen the significant effects of such projects.. .The legislature fbrther finds and declares that in the event specific economic, social, or other conditions make infeasible such project alternatives or mitigation measures, individual project may be approved in spite of one or more significant effects thereof.” The Final EIR concludes that after incorporation of the mitigation measures outlined in Section 2 above, the projects would still have the following significant and unmitigable environmental impacts: A. A cumulative air quality impact related to the generation and emission of ozone- producing pollutants as a result of the San Diego Air Basin being a non-attainment area for ozone emissions. CEQA Guidelines $ 15091 states that the determination of the infeasibility of alternatives must evaluate any economic, social, or other considerations related to the alternatives and as compared to the projects as proposed in the EIR. “Feasible” is defined in CEQA Guidelines $15364 as “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.” At the same time, infeasibility is not equated with impossibility, and case law recognizes that an alternative or mitigation measure may also be infeasible if it is undesirable or impractical from a policy standpoint. . In undertaking the comparative analysis called for under CEQA in considering the feasibility of project alternatives, it is also necessary to keep in mind the project objectives as expressed in the Final EIR. The project objectives of the Cantanni and Holly Springs project objectives, as listed in Section 2.3 of the EIR, are as follows: CEQA Findings of Fact And Statements of Overriding Considerations 69 10/13l2004 Cantarini/Holly Springs Developments Develop a range of single- and multi-family residential land uses on both the Cantarini and Holly Springs sites consistent with the City of Carlsbad General Plan and the Sunny ’ Creek Specific Plan. , Implement the biological resources goals of the City of Carlsbad draR HMP through establishment of interconnected blocks of natural open space totaling approximately 100 acres. The biological habitat corridors preserved as a part of both projects are also intended to connect with planned open space on adjacent properties. Provide affordable housing within the multi-family portion of the Cantarini project. Realize an acceptable rate of return on the costs associated with project approval and development. 4.2 FINDINGS ON PROIECT ALTERNATIVES Chapter 9 of the EIR includes three specific project alternatives, including two “No Project Alternatives” (the ‘Wo Development Alternative” and the “No Specific Plan / Existing General Plan Alternative”) and the “Alternative Design to Provide Consistency with Habitat Management Plan.” Chapter 9 also includes a discussion of the alternatives already considered but rejected and an explanation of why it is infeasible to select an alternative site location. 4.2.1 Alternatives Considered But Rejected The alternatives considered but rejected discussion describes how the design of the project has been repeatedly revised over the years to address identified environmental impacts during the initial environmental review of the projects. The projects, as described in the EIR, represent a substantial reduction in the number of residences that would be constructed on the site, which is the reason why a reduced project alternative was not further analyzed in the EIR (the project, in effect, is the reduced project alternative). Further, under CEQA Guidelines 0 15092(c), the lead agency is precluded from reducing housing density if it finds that other specific mitigation measures are available that will provide comparable levels of mitigation. As these Findings establish, all of the potentially significant effects, through the adoption of the specific mitigation measures, have been reduced to below a level of significance except cumulative air quality. As the finding on air quality is based on the fact that the air basin is currently not in compliance with applicable air quality standards, the reduction in housing units would NOT result in the cumulative impact being reduced below a level of significance 4.2.2 Alternative Sites Section 9.3 is the Alternative Sites Analysis, which explains that the projects propose the development of private parcels of land amid other private lands owned by various entities, and that the Cantarini and Holly Springs landowners do not own additional land in the area. CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 70 10/13/2004 While there are undeveloped parcels of land in the vicinity of the project sites, determining suitable alternative sites for the Cantarini and Holly Springs developments would entail the purchase of additional land or large land swaps with neighboring landowners. It is therefore considered to be infeasible that alternative development sites be considered for these projects. 4.2.3 No Development Alternative The No Development Alternative assumes that the project sites would remain in their current states. As the land would remain uninhabited, save the single-family residence located on the Cantarini site and the trailer homes that support the crop cultivation on site, impacts to transportation, public services and utilities, air quality, and noise, which are usually associated with residential development, would be avoided. The property would continue to be utilized for agricultural production. While it would eliminate impacts related to the proposed project, the No Development Alternative is not feasible considering economic, social, policy, legal, and other environmental considerations, as well as the project objectives. The following issues make the No Development Alternative infeasible. a. The private property owner has legal rights of reasonable beneficial use of its property, consistent with uniformly applied policies, ordinances, regulations, and constitutional protections. The No Project Alternative is essentially a denial of beneficial use by the property owners of the subject properties. b. The No Development Alternative is inconsistent with the City’s General Plan, Housing Element, and Growth Management Program, which identifies and permits a range of housing types and other uses on the properties. No development would be inconsistent with the City’s responsibility under State Planning Law to adopt and implement a General Plan that provides for the orderly and balanced use of land within a particular jurisdiction. C. A portion of the multi-family residential units constructed as part of the Cantarini project would be affordable housing units that would aid the City in meeting its obligations under State law to provide its regional fair share of affordable housing. The No Development would preclude affordable housing on the site and, thus, not contribute to the City’s affordable housing obligations. d. While the properties would remain undeveloped, the No Development Alternative would not dedicate the 118.49 acres of HMP open space and protect open space with conservation easements. The open space would not be managed for the benefit of wildlife species and for the education of the public. CEQA Findings of Fact And Statements of Overriding Considerations CantarinilHolly Springs Developments 71 IO/] 312004 e. The properties would continue to be utilized for agricultural production, but in terms of agricultural resources impacts the No Development Alternative would conflict with the City’s General Plan policy of allowing agricultural land usage on an interim basis until appropriate planning has been completed. f. By the properties remaining undeveloped, existing surface water runoff and sediment would remain uncontrolled and unfiltered by improvements that would be implemented as a part of the project. Runoff on the site would continue to contribute pollutants and sediment to Agua Hedionda Creek and Lagoon. g. The City would not benefit from the range of development fees and other exactions that would serve to support public facilities and infrastructure maintenance, installation, and improvement. The City’s Growth Management Program and facilities performance standards would be jeopardized as the cost of additional facilities and infrastructure to serve existing and future citizens, and sources of those funds and facilities, were spread proportionately for other future developments to finance and implement. 4.2.4 No Specific PladExisting General Plan Alternative The Existing General Plan (Existing Plan) Alternative would entail fbture development on the project sites consistent with the intent of the existing General Plan designations for projected development. The alternative assumes that the project would not be implemented in accordance with the Sunny Creek Specific Plan. Alteration of the HMP’s hardline area designations would be avoided, and all designated open space would remain consistent with present conditions. Grading would most-likely still be performed, and impacts to aesthetics would remain. The Existing Plan Alternative would be undesirable or infeasible for the following reasons. a. The existing General Plan land use designation allowing 3.2 ddac would result in a higher projected population on the project site than was projected under the Zone 15 LFMP for the Sunny Creek Specific Plan Area (2.88 ddac). While the Zone 15 LFMP does not anticipate any problems with the adequacy of the various public services and utilities examined to accommodate the existing projected density, the Existing Plan alternative would present a greater strain on these services than would the proposed project. ~ b. The Existing Plan Alternative would result in a greater amount of traffic than would the proposed projects, which may congest the local circulation system and require additional roadway improvements in the area. CEQA Findings of Fact And Statements of Overriding Considerations Can tarin i/Holly Springs Developments 72 10/13/2004 c. A greater amount of development on the site would reduce the amount of HMP open space that would be preserved on the site. 4.2.5 Alternative Design to Provide Consistency With Habitat Management Plan The Alternative Design to Provide Consistency with Habitat Management Plan (HMP Alternative) would entail modifications in the proposed development areas of the project to avoid the need for adjustment of the HMP Hardline Preserve Area boundary, as is a feature of the Proposed Projects. The HMP Alternative has been identified as the Environmentally Superior Alternative. One of the Hardline Preserve Area locations proposed for revision within the project is along “A” Street in the southern portion of the Cantarini site. The roadway alignment - as proposed - would cross a wetland feature. The HMP Alternative would avoid or minimize impacts to on-site wetland crossings by moving the offer-of-roadway dedication alignment for “A” Street on the Cantarini property to the north approximately 40 feet. This revision would entail removal of residences from the Proposed Project, as no other alignment for “A” Street is possible given the location of the wetlands and the proposal to locate residential units in the southern portion of the property. Despite the avoidance of HMP Hardline Preserve impacts, the HMP Alternative is considered infeasible, undesirable, or unwarranted for the following reasons. a. Although the Proposed Projects would involve minor revisions to the Hardline Preserve Areas, the biological resources impacts associated with these proposed hardline revisions are completely mitigated by measures incorporated into the Proposed Project. As discussed in the FEIR, habitat preservation in accordance with the HMP combined with implementation of a habitat creation and enhancement plan as well as implementation of a long term open space monitoring and management plan reduces the impacts to those areas affected by the required revision to a level of less than significant. Considering that the Proposed Projects involve implementation of the standard habitat-related mitigation measures identified in the HMP, the Alternative would not provide a substantial benefit in terms of habitat impacts or preservation of natural open space when compared to the Proposed Projects. . b. With the exception of a possible redesign of units in the vicinity of “A” Street to avoid the wetlands, it is not anticipated that the modifications to the project envisioned in the Alternative would change the conclusions of the EIR analysis regarding any other issue areas. With the exception of the redesign of the A street crossing to avoid wetlands, none of the other modifications CEQA Findings of Fact And Statements of Overriding Considerations 73 10/13/2004 Cantarini/Holly Springs Developments identified in the alternative would avoid or substantially lessen impacts to biological resources identified for the Proposed Projects in the FEIR. C. Avoidance of wetlands associated with “A” Street proposed in the Alternative would either require a substantial redesign of the streets and lots in the , vicinity to avoid the drainage and wetlands that are perpendicular to the street or use of a culvert or bridge crossing under “A” Street. No other alignment for “A” Street is possible given the location of the wetlands and the proposal to locate residential units in the southern portion of the property. d. Pursuant to CEQA Guidelines 9 15092(c) discussed above, housing units are not to be reduced if other feasible mitigation measures would provide comparable levels of mitigation. The “Alternative Design to Provide Consistency with Habitat Management Plan” does not provide materially superior mitigation of biological impacts and would result in the potential loss of units in connection with the redesign. As other equally effective specific mitigation measures are required that provide comparable levels of protection, the discussed alternative is infeasible as conflicting with Guideline 9 15092(c). CEQA Findings of Fact And Statements of Overriding Considerations Cantarini/Holly Springs Developments 14 1 O/I 3/2004 95- 5.0 Statement of Overriding Considerations As discussed in Section 4.1 of these CEQA Findings, the FEIR concludes that the Proposed Projects, even with incorporation of all feasible mitigation measures and consideration of alternatives, will nonetheless have significant cumulative impacts on air quality, The cumulative impacts all arise from the marginal contribution the Proposed Projects will make, when combined with the impacts from existing and other hture projects, to pre-existing regional air basin conditions that fail to meet applicable standards currently. The City has adopted all feasible mitigation measures with respect to cumulative regional air quality impacts, which may have substantially lessened the impacts, but have not been successful in reducing them below a level of significance. Under CEQA, before a project which is determined to have significant, unmitigated environmental effects can be approved, the public agency must consider and adopt a “statement of ovemding considerations” pursuant to CEQA Guidelines 15043 and 15093. As the primary purpose of CEQA is to filly inform the decision makers and the public as to the environmental effects of a Proposed Project and to include feasible mitigation measures and alternatives to reduce any such adverse effects below a level of significance, CEQA nonetheless recognizes and authorizes the approval of projects where not all adverse impacts can be hlly lessened or avoided. However, the agency must explain and justify its conclusion to approve such a project through the statement of overriding considerations setting forth the Proposed Project’s general social, economic, policy or other public benefits which support the agency’s informed conclusion to approve the Proposed Project. The city finds that the Proposed Project has the following substantial social, economic, p$fl and other public benefits justifying its approval and implementation, not withstanding not all environmental impacts were filly reduced below a level of significance”. A. Citv General Plan and Policies. The Proposed Projects are consistent with the City’s General Plan and Policies in that they provide for single and multiple family residential development, as well as open space. The range of housing product types for both projects are compatible with existing neighborhoods in the area and are located so as to harmonize and largely complete the residential neighborhoods and supporting amenities for that portion of the City until buildout. B. Growth Management Program; Zoning. The Proposed Projects are hlly consistent with the density limitations, including the Growth Management control point (Zone 15 of the City Growth Management Plan, Local Facilities Management Plan (LFMP) and would result in a reduction in the numbei- of residential units from that allowed by the growth management cap on total housing units in Zone 15 of the LFMP. Neither project has sought an increase in zoning or density. The standards that will guide the entire buildout of the Proposed Project and the Local Facilities Management Plans setting forth the phasing and timing of needed public infrastructure. These programs assure the Proposed Project will develop as a balanced whole and needed public infrastructure and facilities will CEQA Findings of Fact And Statements of Overriding Considerations 75 10/13/2004 Cantarini/Holly Springs Developments be provided commensurate with need in order to meet the performance public facilities performance standards of the City’s Growth Management Program. C. Housing and Employment Opportunities. The Proposed Projects will have a maximum of 228 units (Cantarni -1 85 units /Holly Springs 43 units) residential units and a total of 1 18.49 acres of open space (Cantarini-58.93 acres/Holly Springs-59.56 acres). The range of housing types vary from 148 single family detached residential units to 80 affordable multiple-family housing units, located and sized to compliment the housing types in surrounding neighborhoods. These units will assist Carlsbad in providing sufficient, desirable, affordable and safe housing. D. Affordable Housing. The Proposed Projects will provide 40 multiple-family units as workforce affordable housing within the Cantarini tentative map boundaries in full compliance with the City’s Affordable Housing Inclusionary Ordinance and policies. This commitment fulfills the 1 5 percent inclusionary housing requirement for the proposed projects in that the 40 units will be owned and managed to provide workforce housing to Carlsbad employees who meet the income limitations beginning at 80% of the area median income levels. This represents the continuation of an existing successful policy and is necessary to meet the City’s obligations and commitments to increased housing opportunities in Carlsbad. E. Open Space. Approximately 118.49 acres or (43 percent) of the Proposed Projects combined area consists of open space. Open Space (Cantarini - 58.93 acres/Holly Springs -59.56 acres) is proposed in accordance with the City Habitat Management Plan. The Master Plan Open Space program consists of a) open space for the preservation of natural resources; b) open space for outdoor recreation; c) open space for public health and safety; recreation areas, trails; and landscaped parkways. The Draft Habitat Management Plan (draft HMP) for Natural Communities was approved by the City of Carlsbad in 1999 with the intent of providing a “. . . comprehensive, citywide, program to identify how the City, in cooperation with federal and state wildlife agencies, can preserve the diversity of habitat and protect sensitive biological resources within the City while allowing for additional development consistent with the General Plan and Growth Management Plan. In so doing, the Plan is intended to lead to citywide permits and authorization for the incidental take of sensitive species in conjunction with private development projects, public projects, and other activities which are consistent with the Plan.” As a part of the planning process for the draft HMP, a Citywide interconnected open space preserve system was identified. During development of the draft HMP, representatives for the Cantarini and Holly Springs properties submitted site designs showing anticipated open space and urban development areas on the site to the City. The site designs were incorporated into the draft HMP in 1999. Portions of both the Cantarini and the Holly Springs sites are identified as approved hardline preserve areas in the draft HMP. Further, the extensive onsite habitat and open space preserves will be perpetually managed by a qualified conservation entity to preserve, enhance and protect the environmental and open space habitat values and the costs of maintaining and protecting this habitat will be paid for by the developer through an endowment funding the conservation entity’s efforts. . CEQA Findings of Fact And Statements of Overriding Considerations Can tarini/Holly Springs Developments 76 10/13/2004 97 F. Citwide Road Network Improvements. As a part of the proposed Cantarini project, College Boulevard, a critical north/south circulation element roadway, would be extended from the existing terminus .at SUMY Creek Road to the College BoulevardKannon Road intersection. As a part of the proposed Cantarini project, core improvements to College Boulevard would be constructed outside of the subdivision boundary. The core improvements to College Boulevard would consist of an 18-foot lane in each direction with an unimproved median. Two lanes plus full frontage improvements will ' be required along the College Boulevard street frontage within subdivision boundaries. G. Stormwater ManagementElood Protection. The Proposed Projects will provide for the construction of an important citywide stormwater detention Basin BJ, which is a vital link in the citywide stormwaterMood control plans. Basin BJ, along with other detention and flood control basins in the affected drainage area, will significantly contribute to protecting the Rancho Carlsbad Mobilehome Community, and other low laying areas in the drainage basin, from periodic flooding. CEQA Findings of Fact And Statements of Overriding Considerations 77 1011 3t2004 Can tarin i/Holly Springs Developments EXHIBIT "EIR-B" E 4 p! c3 0 E 0 e: W e: E B n z 4 e: 0 c k 2 d 0 0 CI .. 0) * a" 99 N 8 DO m a r x 0 - - Y 2 s E 'C m u Y I I M .. c .3 b * .- 2 E 0 m M .C 4- .C Y 2 m iij d E 08 /6 3 E 2 2 M a ". m M .. E .d z Y .- E 5 .- % E 0 .... c1 * .- E e, 5 a m * C $ M C i J E e e 8n a 00 c .- 5 e x d m Do E: - .- c .- C 5 a e, n h N h I U M C .- e 2 a E CrJ x m a c ce r in Y 5 E 0 0 c B in bo c 'C P [A x 0- L a 5 x I - 52 k v, .E II II I L I E !? 2 M EL .- 9 E 2 c a C .- * cd bo ." * 2 0 " - .- E E ii a M -s .- 8 c-’ .* c 0 cd 00 .- .I- .- c-’ 2 8 t; e m .- e, E U E e EiI a rn 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 PLANNING COMMISSION RESOLUTION NO. 5750 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 15 TO UPDATE AND BE CONSISTENT WITH THE CANTARINI RANCH AND HOLLY SPRINGS DEVELOPMENT PROPOSALS ON PROPERTY GENERALLY LOCATED NORTH OF EL CAMINO REAL AND EAST OF COLLEGE BOULEVARD. CASE NAME: CANTARI"0LLY SPRINGS CASE NO.: LFMP 15(C) WHEREAS, Bentley Monarch LLC has filed a verified application with the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, said application constitutes a request for a Local Facilities Management Plan Amendment for Zone 15 (dated October 20, 2004, on file in the Planning Department) and incorporated by this reference (collectively referred to as the "Local Facilities Management Plan Amendments"), as provided in Section 21.90.125 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of October 2004, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Facilities Management Plan for Zone 15. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of an AMENDMENT for Local Facilities Management Plan - Zone 15, based on the following findings and subject to the following conditions: 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 Findings: 1. That tie Loca Faci ities - lanagement Plan Amendment for Zone 15 is consistent wil Chapter 21.90 of the Carlsbad Municipal Code (Growth Management), and with the Citywide Facilities and Improvement Plan, in that it contains all matters required by Section 2 1.90.1 10 and thereby ensures implementation of and consistency with the General Plan and to protect the public health, safety and welfare by ensuring that public facilities and improvements will be installed to serve new development prior to or concurrently with need. 2. That approval is granted for an amendment to Local Facilities Management Plan - Zone 15 as contained in the Plan titled Local Facilities Management Plan Zone 15(C), dated October 20, 2004, on file in the Planning Department, and incorporated herein by reference. The amended Zone 15 Local Facilities Management Plan, dated October 20, 2004 shall replace in its entirety, the Zone 15 LFMP dated November 17,1998. Conditions: 1. Prior to the issuance of any permits for the project, the applicant shall submit to the Planning Director a digital copy and a camera ready master copy of the LFMP Zone 15 (C) Plan, in addition to the required number of bound copies. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad on the 20th day of October 2004, by the following vote, to wit: AYES: NOES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall ABSENT: ABSTAIN: &&- FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: \ PAMU MICHAEL J. HMZMELER Planning Director PC RES0 NO. 5750 -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 PLANNING COMMISSION RESOLUTION NO. 5751 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM) AND OPEN SPACE (OS) TO RESIDENTIAL LOW-MEDIUM DENSITY (RLM), RESIDENTIAL MEDIUM-HIGH DENSITY (RMH), AND OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED EAST OF COLLEGE BOULEVARD AND NORTH OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: CANTARINI RANCH CASE NO.: GPA 0 1-09 WHEREAS, Bentley Monarch LLC, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by The Bentley-Monarch Joint Venture; Holly Springs, Ltd.; and Rancho Carlsbad Partners “Owners,” described as That portion of Lot “B” in Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County on November 16,1896, described in a Grant Deed recorded July 9, 1962 as Filepage No. 116406 of Official Records. Except therefrom that portion thereof described in a Grant Deed recorded November 19, 1965 as FilelF’age No. 210231 of Official Records. Also including portions of Lot “D” and “E” of said Map No. 823, described in a Grant Deed recorded September 7,1995, as Doc. # 1995-00100176 of Official Records. Also including a portion of Lot “B” of said Map No. 823, described in a Grant Deed recorded September 7,1995, as Doc. # 1995-0398027 of Official Records (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit “GPA 01-09” dated October 20,2004, attached hereto and on file in the Carlsbad Planning Department CANTARINI RANCH - GPA 01-09 as provided in Government Code Section 65350 et. seq. and Section 2 1.52.160 of the Carlsbad Municipal Code; and 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 Planning Commission did, on the 20th day of October 2064, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CANTARINI RANCH - GPA 01-09, based on the following findings: Findings: 1. The Planning Commission finds that the project is in conformance with the Elements of the City’s General Plan and Specific Plan SP 191 based on the facts set forth in the staff report dated October 20, 2004 including, but not limited to the following: that the proposed change in General Plan Land Use Designations from Residential Low- Medium Density (RLM, 0-4 du/ac) and Open Space (OS) to RLM, Residential Medium-High Density (RMH, 8-15 du/ac), and OS land use designations are compatible with the surrounding land uses in that the adjacent lands are designated for RLM and OS land uses; that the RMH land use designation implements the density of 12.88 du/ac proposed for the multi-family project site; that the RLM land use designation implements the Sunny Creek Specific Plan SP 191 densities of 1-2 du/ac and minimum lot size requirements of 1/2 acre; that the land use change to OS is based on the environmental constraints of the property and is environmentally and topographically appropriate for the site in that the slopes and the habitat areas included in the open space preserve areas are found to be “equal to or better” than the “hardline areas” shown in the City’s draft Habitat Management Plan and that these areas are proposed to be designated as Open Space on the General Plan Land Use Map. 2. That the boundaries of the existing OS designated lands do not coincide with the boundaries of the HMP hardline conservation area. Policy (2.20 of the Open Space Planning and Protection Section of the General Plan Open Space and Conservation Element requires findings to adjust the boundaries of any open space shown on the “Official Open Space and Conservation Map” dated September 1994. The necessary findings are: A. The proposed open space is equal to or greater than the area depicted on the Official Open Space Map. The proposed adjustment in open space PC RES0 NO. 5751 -2- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. C. Conditions: 1. ... ... ... ... ... ... ... ... ... ... ... ... ... boundaries will increase the acreage designated as OS in Cantarini Ranch from approximately 5.5 acres to 59.14 acres; The proposed open space area is of environmental quality equal to or greater than that'depicted on the Official Open Space Map. The open space adjustment will eliminate the RLM land use designations on the open space preserve areas and will preserve additional acres of open space within a critical wildlife habitat corridor; and The proposed adjustment to open space is within close proximity to the open space presently shown on the Official Open Space Map. The proposed amendment will change and increase the acreage of open space within the Cantarini Ranch project boundaries by 46.4 acres. The additional open space is contiguous with existing open space. This approval is granted subject to the certification, adoption and approval of the Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and Reporting Program, LFMP 15(C) and ZC 00-05 and is subject to all conditions contained in Planning Commission Resolutions No. 5749, 5750 and 5752 for those other approvals incorporated herein by reference. PC RES0 NO. 575 1 -3- /a3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of October 2004, by the fillowing vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall - RANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 575 1 GPA 01 -09 - Cantarini Ranch Property A. 209-070-01 B. 209-070-02 C. Por 209-060-60 D. Por 168-050-51 October 20, 2004 From: To: RLM RLM & OS RLM os RLM RLM, OS & RMH RLM RMH, RLM & OS Attach additional pages if necessary A 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 PLANNING COMMISSION RESOLUTION NO. 5752 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM LIMITED CONTROL (L-C) AND RESIDENTIAL AGRICULTURAL (R- A- 1 O,OOO), TO ONE-FAMILY RESIDENTIAL-0.5 ACRE MINIMUM LOT SIZE-QUALIFIED DEVELOPMENT OVERLAY ZONE (R-1-0.5-Q), RESIDENTIAL DENSITY- MEDIUM (RD-M), AND OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED EAST OF COLLEGE BOULEVARD AND NORTH OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: CANTARINI RANCH CASE NO.: ZC 00-05 WHEREAS, Bentley Monarch LLC, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by The Bentley-Monarch Joint Venture; Holly Springs, Ltd.; and Rancho Carlsbad Partners “Owners,” described as That portion of Lot “B” in Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County on November 16,1896, described in a Grant Deed recorded July 9, 1962 as FileE’age No. 116406 of Official Records. Except therefrom that portion thereof described in a Grant Deed recorded November 19, 1965 as File/Page No. 210231 of Official Records. Also including portions of Lot “D” and “E” of said Map No. 823, described in a Grant Deed recorded September 7,1995, as Doc. # 1995-00100176 of Official Records. Also including a portion of Lot “B” of said Map No. 823, described in a Grant Deed recorded September 7,1995, as Doc. # 1995-0398027 of Official Records (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit “X” dated October 20, 2004, attached hereto and on file in the Planning Department, CANTAFUNI RANCH - ZC 00-05 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 20th day of October, 2004, hold a duly noticed public hearing as prescribed by law to consider said request; and )a 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, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CANTARINI RANCH - ZC 00-05 based on the following findings: Findings: 1. That the proposed Zone Change from Limited Control (L-C) and Residential Agricultural (R-A-10,000) to One-Family Residential-0.5 acre minimum lot size- Qualified Development Overlay Zone (R-l-0.5-Q), Residential Density-Medium (RD-M), and Open Space (OS) is consistent with the goals and policies of the various elements of the General Plan, in that the proposed zones replace the L-C zone which is intended to be an interim zone designation, and the proposed R-1-0.5-Q, RD-M, and OS zone designations are consistent with the proposed Residential Low-Medium Density (RLM, 0-4 du/ac), Residential Medium-High Density (RMH, 8-15 du/ac), and Open Space (OS) General Plan Land Use designations. 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the zoning designations shown on Exhibit “ZC 00-05” attached hereto, implement the General Plan Land Use Designations of RLM, RMH, and OS. ’ 3. That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that the single-family residential, multi-family residential and open space uses allowed by the proposed Zone Change are compatible with the future residential and open space uses and that the proposed Zone Change to OS is necessary to reflect the areas set aside as open space preserve as required by the City’s draft Habitat Management Plan. Conditions: 1. This approval is granted subject to the certification, adoption and approval of the Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and Reporting Program, LFMP 15(C) and GPA 01-09, and is subject to all conditions contained in Planning Commission Resolutions No. 5749,5750 and 5751 for those other approvals incorporated herein by reference. PC RES0 NO. 5752 -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 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/e~actions.’~ 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 feedexactions 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 feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 20th day of October 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: /FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5752 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 PLANNING COMMISSION RESOLUTION NO. 5753 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE A 156.72 ACRE SITE INTO 105 RESIDENTIAL APPROVAL OF CARLSBAD TRACT CT 00-18 TO LOTS, ONE MULTI-FAMILY LOT, SEVEN OPEN SPACE LOTS, SIX HOA-MAINTAINED LOTS, AND TWO REMAINDER PARCELS TOTALING APPROXTMATELY ONE ACRE ON PROPERTY GENERALLY LOCATED EAST OF COLLEGE BOULEVARD AND NORTH OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: CANTARINI RANCH CASE NO: CT 00- 18 WHEREAS, Bentley Monarch LLC, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by The Bentley-Monarch Joint Venture; Holly Springs, Ltd.; and Rancho Carlsbad Partners “Owners,” described as That portion of Lot “B” in Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County on November 16,1896, described in a Grant Deed recorded July 9, 1962 as File/Page No. 116406 of Official Records. Except therefrom that portion thereof described in a Grant Deed recorded November 19,1965 as File/Page No. 210231 of Official Records. Also including portions of Lot “D” and “E” of said Map No. 823, described in a Grant Deed recorded September 7, 1995, as Doc. # 1995- 00100176 of Official Records. Also including a portion of Lot “B” of said Map No. 823, described in a Grant Deed recorded September 7,1995, as Doc. # 1995-0398027 of Official Records (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “11” dated October 20, 2004, on file in the Planning Department CANTARINI RANCH - CT 00-18, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of October, 2004, hold a duly noticed public hearing as prescribed by law to consider said request; and 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, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CANTAFUNI RANCH - CT 00-18, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the project is consistent with all requirements of Titles 20 and 21 governing lot size and configuration and has been designed to comply with all applicable City regulations, including the General Plan and the Sunny Creek Specific Plan (SP 191). That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for open space and residential development on the General Plan with a comparable density. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that all required development standards and design criteria required by the applicable zoning ordinances are incorporated into the project without the need for variances from development standards. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 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 the lots are oriented to allow for solar exposure and take advantage of prevailing breezes. PC RES0 NO. 5753 -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 7. 8. 9. 10. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project will implement all required mitigation measures contained in EIR 02-02 and the Mitigation Monitoring and Reporting Program for the Cantarini Ranch/Holly Springs Joint EIR. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan and Specific Plan SP-191 based on the facts set forth in the staff report dated October 20, 2004, incorporated herein by reference. a, Land Use - The project is consistent with the City’s General Plan since the proposed density of 0.93 du/ac for the single-family residential development is within the density range of 0 - 4 du/ac (RLM) and the proposed density of 12.88 du/ac for the multi-family site is within the density range of 8-15 du/ac (RMH) specified for the site as indicated in the Land Use Element of the General Plan. The Open Space (OS) land use designation is being applied to the hardline preserve areas, consistent with the City’s draft Habitat Management Plan. The proposed density of the project’s single-family component is below the Growth Management Control Point (GMCP) of 2.88 assigned to properties within SP 191 and 3.2 du/ac for other RLM designated properties 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 and some units have been transferred to the multi-family site. 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. PC RES0 NO. 5753 .7 -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 The density of the multi-family site (12.88 du/ac) is above the GMCP of 11.5 du/ac allocated to the RMH land use designation. However, transferring the allowable project density to the multi-family site is consistent with the City’s Housing Element provisions to allocate excess dwelling units to other properties for the purpose of providing affordable housing. b. Circulation - The project will be required to construct College Boulevard Reach “A” and new public streets from College Boulevard in order to provide access to the site. c. Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the developer has been conditioned to enter into an Affordable Housing Agreement to provide 19 affordable housing units in the Cantarini Ranch combined off-site affordable housing project in order to satisfy its 15% inclusionary housing requirement. d. Open Space and Conservation - The proposed open space preserve areas are “equal to or better” than the “hardline areas” identified in the City’s draft Habitat Management Plan and these open space areas will be managed by an appropriate conservation entity with adequate funds for long-term biological management consistent with the HMP. 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 15 as amended herewith 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. 12. 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. 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 15. PC RES0 NO. 5753 -4- 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 14. 15. 16. 17. 18. 19. 20. 21. 22. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City’s General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City’s Habitat Management Plan. That the City has adopted a Citywide Trails Program and a segment of the trail network is associated with this project. The applicant shall prepare and submit a trail plan for approval by the Park and Recreation Director prior to construction. Construction shall be inspected to ensure conformity with the Standards for Design and Construction of Public Works Improvements in the City of Carlsbad (“Standards”); Trail Construction Standards; and the approved plans. That the property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that the panhandle lot configuration is desired to reduce grading impacts to sensitive vegetation communities, to maintain the natural topography and ridgelines of the property, and to provide a rural estate character in accordance with the Sunny Creek Specific Plan. That subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property, in that the proposed public streets provide access to adjacent properties and the lot sizes are such that no future subdivisions will occur. That the buildable portion of Lots 27, 38, 43, 60, 71, 75, 76, 104, 108 and 109, excluding the panhandle, consists of over one-half acre, which meets the requirements of Section 21.1 O.O8O(c) of the Carlsbad Municipal Code. That the front, side, and rear property lines of the buildable lot, for purposes of determining required yards, are as shown on Exhibits “E, K, M, N and P.” That any panhandle lot hereby approved satisfies all the requirements of Section 21.10.080(d) of the Carlsbad Municipal Code. PC RES0 NO. 5753 3 - /33 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 23. 24. That the subdivision is consistent with the development standards of SP 191 including: 1) preserving the rural and natural characteristics of the area; 2) designing property lines in keeping with the natural terrain by following natural drainage courses, ridge lines and tops of graded slopes, wherever practicable; and 3) by creating buildable lots with usable access without undue alteration of the terrain. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map approval or issuance of grading permit, whichever occurs first. 1. 2. 3. 4. 5. 6. 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 modi@ all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or fwther 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. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. Developer shall implement, or cause the implementation of, the Cantarini Ranch/Holly Springs Joint EIR (EIR 02-02) Project Mitigation Monitoring and Reporting Program. Developer shall implement, or cause the implementation of, the Calavera Hills Master Plan Phase 11, Bridge and Thoroughfare District No. 4, & Detention Basins EIR (EIR 98-02) Project Mitigation Monitoring and Reporting Program for the construction PC RES0 NO. 5753 -6- /34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 .. 8. 9. 10. 11. 12. 13. of College Boulevard Reach A, bridge over Agua Hedionda Creek, Basin BJ, and associated drainage improvements. 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 Tentative Tract 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. / Developer shall submit to Planning Department a reproducible 24” x 36” mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. 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. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 15 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. This approval is granted subject to the certification, adoption and approval of the Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and Reporting Program, LFMP 15(C), GPA 01-09, ZC 00-05, SDP 01-10, HDP 00-09, and SUP 00-09, and is subject to all conditions contained in Planning Commission Resolutions No. 5749, 5750, 5751, 5752, 5754, 5755 and 5756 for those other approvals incorporated herein by reference. 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 PC RES0 NO. 5753 -7- 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 populations of certain species thereof, in accordance with the City’s adopted Habitat Management Plan. 14. Prior to the recordation of the Final Map(s), the Developer shall execute a document or documents, to the satisfaction of the Planning Director and the City Attorney, in relation to the open space habitat Lots 15,56,79,116,117,118 and 119 to ensure the following: a. Select a conservation entity, subject to the approval by the Planning Director, that possesses the necessary qualifications to hold title to the open space lots and ensure management of the open space lots for conservation purposes. Prepare a Property Analysis Record (PAR) or other method acceptable to the Planning Director for estimating the costs of management and monitoring of the open space lots in perpetuity. b. c. Based on the results of the PAR, provide a non-wasting endowment, or other financial mechanism acceptable to the Planning Director and Wildlife Agencies, to the selected conservation entity in an amount sufficient for management and monitoring of the open space lots in perpetuity. d. Transfer fee title to the open space lots to the selected conservation entity, or execute a document to ensure the future transfer of ownership of the open space lots along with the non-wasting endowment, to the City or its designee, to provide for the management, monitoring, and conservation of the open space lots in perpetuity consistent with the Carlsbad HMP. 15. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, which provide some benefits to wildlife, as documented in the City’s Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The fee becomes effective following final approval of the Habitat Management Plan. The City is currently updating the fee study, which is expected to result in an increase in the amount of the fee. If the Habitat Management Plan is approved, then the Developer or Developer’s successor(s) in interest shall pay the adjusted amount of the fee. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any an all approvals for this project shall become null and void. 16. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide nineteen (19) affordable housing units in the Cantarini Ranch 80-unit apartment project in accordance with the requirements and process set forth in Chapter 21.85 of the PC RES0 NO. 5753 -8- /36 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 17. 18. 19. Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. Native plants shall be used adjacent to the open space areas to the greatest extent feasible. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions for the single-family residential development. 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 bv 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 Article 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. , Section PC RES0 NO. 5753 -9- /3 7 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. 21. 22. 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 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 hidher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit -. f. An exhibit shall be provided to each property owner showing the fire suppression zones, approved fence locations, and maintenance responsibility area for their lot. 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 15, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the future sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. Developer shall post a sign in the future sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. PC RES0 NO. 5753 .lo- /38 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 23. 24. 25. 26. 27. 28. 29. Prior to the recordation of the first final tract map, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor (College Boulevard), in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). Prior to the recordation of the first final tract map, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Developer shall post aircraft noise notification signs in all future sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). Prior to the recordation of the first final tract map, the Developer shall prepare and record a notice that this property is in proximity to Carlsbad Unified School District land, located at the northeast intersection of College Boulevard and Cannon Road, and that this property may be developed as a future school facility. Such notice shall be prepared in a form meeting the approval of the Planning Director and City Attorney. 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 Tentative Tract Map, Site Development Plan, Hillside Development Permit and Special Use Permit by Resolutions No. 5753, 5754, 5755 and 5756 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. Developer shall dedicate on the final maps, an open space easement for those portions of Lots 15, 56, 79, 116, 117, 118 and 119 which are (in slopes, wetlands, coastal sage scrub or other constrained land plus all other lands set aside as part of the Citywide Open Space System) to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibits “A” - “11.” Removal of native vegetation and development of Open Space Lots 15,56, 79, 116, 117, 118 and 119, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of this approval, as shown on the Tentative Tract Map and Landscape Concept Plan and as recommended in the Cantarini Ranch/Holly Springs Joint EIR (EIR 02-02) and Mitigation and Monitoring Report, is specifically prohibited, except upon written order PC RES0 NO. 5753 -1 1- 139 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 30. 31. 32. 33. 34. 35. 36. 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 arboristhotanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for trail(s) shown on the Pedestrian Circulation and Trail Plan within Open Space Lots 15,117 and 119. If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as a public trail and will be the maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail shall still be constructed but it shall be constructed as a private trail for public use and the obligation for acceptance, construction, maintenance and liability shall be the responsibility of the Homeowners Association or selected open space conservation entity. Concurrent with recordation of the final maps, the Developer shall record a permanent easement for public use of all community trails, including DG trails, asphalt walkways, and meandering sidewalks which occur on privately owned lots or HOA lots. Prior to the approval of a final map the Developer shall pay to the City a Trail Plan Check fee and inspection fee in accordance with the current city fee schedule. Concurrent with recordation of the final map, the developer shall record a covenant of easement for private landscape purposes on the privately owned lots to allow HOA maintenance of landscape slope areas and fire suppression zones as shown on the Tentative Map and Maintenance Responsibility exhibit, subject to approval of the Planning Director and City Engineer. The location of the sidewalks and DG trails shown on the conceptual Pedestrian Circulation and Trail Plan may be modified, subject to the approval of the Planning Director, City Engineer, and Trails Manager, for the purpose of providing a continuous DG loop trail throughout the Cantarini Ranch and Holly Springs developments and leading to future developments to the east and south of Cantarini Ranch, provided that sidewalks are located on one side of the street. A deed restriction shall be recorded on all lots bordering protected open space prohibiting direct access and restricting the use of any invasive plants adjacent to the open space area. Prior to the issuance of building permits, a Site Development Plan shall be approved for the architecture and plotting of units. PC RES0 NO. 5753 - 12- 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 37. 38. 39. Fence and wall locations may be modified, subject to the approval of the Plannmg Director and Fire Marshall. Modified rear-yard fence locations shall not extend into Fire Suppression Zones 2 or 3. All predation fencing and theme wall fencing shall be installed concurrently with development. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall include at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. Engineering; General 40. 41. 42. 43. 44. 45. 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. 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. Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other recorded document, for maintaining the private easements within the subdivision and all the private improvements: storm water quality units, drainage swales/concrete-lined ditches, trails, and pollution control basin facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. This project is approved for up to four (4) Final Maps for the purposes of recordation in the order of phasing shown on the tentative map. All final maps shall be submitted, processed and recorded concurrently, unless otherwise approved by the City Engineer and the Planning Director. If Developer desires to record a Final Map out of the phase approved on the tentative map, the new phasing may be approved or conditionally approved by the City Engineer and Planning Director if they are satisfied that public infrastructure necessary to support each phase of development is in place or secured to the satisfaction of the City En,' wineer. Developer shall cause property owner to submit for, process and receive approval of a Lot Line Adjustment (ADJ 00-14) that adjusts the boundary of the subdivision to match that as shown on the Tentative Map. The Lot Line Adjustment shall be recorded prior to submittal of the first Final Map for this project. The Lot Line Adjustment shall be prepared to the satisfaction of the City Engineer. PC RES0 NO. 5753 - 13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 46. In accordance with the Zone 15 LFMP, Developer shall provide for the relocation of the existing Rancho Carlsbad RV storage lot, maintenance facilities and community garden (collectively the “Rancho Carlsbad Facilities”) impacted by the College Boulevard and Basin BJ improvements. The Developer obligation includes, but is not limited to, securing an alternate site for relocating the Rancho Carlsbad Facilities, obtaining a Conditional Use Permit (CUP) and/or other discretionary permits necessary for the relocation and constructing replacement improvements for the Rancho Carlsbad Partners property. The relocation shall be processed to the satisfaction of the Planning Director and the City Engineer. Developer shall enter into a secured agreement with the City guaranteeing construction of the Rancho Carlsbad Facilities in a form acceptable to the City Engineer. 47. Developer shall provide written approval from NCTD that this project provides adequate facilities for bus transit services. Such evidence shall be provided to the satisfaction of the City Engineer. Fees/Agreemen ts 48. 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. 49. 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. 50. Developer shall construct street improvements to College Boulevard approximately 4,200-feet from its existing northerly terminus near El Camino Real to the intersection of Cannon Road. These improvements shall consist of ‘Core’ Improvements. ‘Core’ improvements include design and construction costs for full- width grading, two 18-foot wide paved lanes, median curb, and road drainage crossings (Improvements). The Developer has proposed the ‘Core’ Improvements be funded by a private financing program with participating property owners. Prior to final map approval, Developer shall provide evidence of a private financing program, necessary to design and construct the Core Improvements, executed by all participating property owners to the satisfaction of the City Engineer. 51 If Developer is unable to obtain property owner approval of a private financing program necessary to construct those street improvements identified in the condition above, the ‘Core’ Improvements may be funded by a public Financing Program (Public Program) subject to City Council approval. This Public Program request shall be processed and initiated to the satisfaction of the City Engineer prior to final map approval. If funded by a Public Program, Developer may be eligible for reimbursement for constructing the ‘Core’ Improvements. If a Public Program is approved, Developer shall enter into a Reimbursement Agreement prior to Final Map approval. The Reimbursement Agreement shall be prepared to the satisfaction of the City Engineer and City Attorney. PC RES0 NO. 5753 -14- /“a 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 52. 53 * 54. 55. 56. 57. If a Public Program is approved to fund the ‘Core’ Improvements for College Boulevard, Developer shall cause property owner to execute a Prepayment Agreement that requires the Developer secure its fair-share costs toward the Public Program. The Prepayment Agreement shall be prepared, processed and approved to the satisfaction of the City Engineer, Finance Director, and City Attorney prior to Final Map approval. Prior to final map approval, the Developer shall develop and agree to the formation of a comprehensive financing program guaranteeing the construction of the core improvements for Cannon Road Reach 4A in accordance with the requirements of the amended Zone 15 Local Facilities Management Plan (LFMP). Cannon Road Reach 4A extends east from the intersection with College Boulevard approximately 900 feet. The core improvements consist of full width grading, two 18-ft paved lanes, median curbs, drainage facilities required to protect the roadbed, and transition improvements to full City standard intersection improvements at the intersection with College Boulevard. The financing program guarantee must also address the acquisition of the right-of-way (ROW) for the road, slope and drainage easement in addition to the design, construction and environmental mitigation measures. Developer shall construct the bridge supporting College Boulevard as shown on the Tentative Map. The Developer, by constructing the bridge, may be eligible for reimbursement and/or credit against payment of the Planned Area Drainage Fees (Area B) in accordance with the City Drainage Fee Program. Prior to final map approval, Developer shall enter into a reimbursement and/or fee credit agreement to the satisfaction of the City Engineer and City Attorney. Developer shall construct Detention Basin ‘BJ’ just east of the intersection of College Boulevard and Cannon Road as shown on the Tentative Map, including the box culvert outlet structure crossing College Boulevard. The Developer, by constructing the basin and box culvert, may be eligible for reimbursement and/or credit against payment of the Planned Area Drainage Fees (Area B) in accordance with the City Drainage Fee Program. Prior to final map approval, Developer shall enter into a reimbursement and/or fee credit agreement to the satisfaction of the City Engineer and City Attorney. Developer shall install a 36” potable waterline (490 zone) and appurtenances in College Boulevard from its existing northerly terminus near El Camino Real to the intersection of Street ‘A’ and extending in ‘A’ Street to the easterly subdivision boundary as shown on the Tentative Map. Developer shall also install a 16” potable waterline (490 zone) in College Boulevard from ‘A” Street to Cannon Road. The Developer, by constructing these improvements, may be eligible for reimbursement by the water collection fee program. Prior to final map approval, Developer shall enter into a reimbursement agreement to the satisfaction of the City Engineer and City Attorney. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2 (SL & LD #2). Prior to approval of any grading, building permits or final map for this project, Developer shall cause Owner to execute an PC RES0 NO. 5753 -15- 143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 58. 59. 60. Agreement to annex the subject property into City of SL & LD #2. The Agreement shall be in a form approved by the Assistant City Finance Director and the City Attorney. Developer shall pay all fees necessary to annex the property into SL & LD #2. In accordance with the Zone 15 LFMP, Developer shall bear all responsibility and costs associated with installing the sound wall along the west side of College Boulevard just south of Cannon Road. No reimbursement shall be available for Developer from any Public Financing Program on this item. The City is currently in the process of updating its Master Drainage and Water Quality Management Plan (Master Drainage Plan) and associated Planned Local Drainage Area (PLDA) fees. Prior to final map approval the developer shall pay the current PLDA fee, andlor receive appropriate credits for any Master Drainage Plan facility improvements installed by Developer as a condition of this project, and enter into an agreement with the City to pay the increase in the PLDA fee, if any, at the time City Council approves the updated Master Drainage Plan and associated PLDA fee. Developer is responsible to pay prevailing wage on all work that is subject to reimbursement by public funds in accordance with State Law. Grading 61. 62. 63. 64. 65. 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. Developer shall obtain a precise grading permit(s) within this subdivision to the satisfaction of the City Engineer. 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. 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. This project requires off site grading. No grading for 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 144 PC RES0 NO. 5753 -16- 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 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. Dedicationsflmprovements 66. 67. 68. 69. 70. 71. 72. 73. Developer shall cause Owner to execute a covenant of easement for private ingress, egress and private underground utilities over the pairs of lots that share common driveways including Lots 10 and 11,12 and 13,29 and 30,34 and 35,42 and 43,47 and 48,49 and 50,51 and 52,61 and 62,66 and 67,68 and 69,70 and 71,88 and 89, 90 and 91, 108 and 109 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 Maps. Developer shall dedicate emergency access and fire lane easements over the common shared driveways on the final map to the satisfaction of the Fire Marshal and City Engineer. Prior to the first Final Map approval, all public infrastructure, including but not limited to public streets and underground utilities as shown on the Tentative Map, shall be designed, processed and approved to the satisfaction of the City Engineer with security posted. Developer shall construct all shared common driveways, including underground service laterals, concurrent with the construction of public streets within this subdivision. Developer shall cause Owner to dedicate 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 Maps. 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. Developer shall cause Owner to make an irrevocable offer of dedication (IOD) to the City for the trail easements necessary to encompass the proposed trails as shown on the Tentative Map and Pedestrian Circulation and Trails Plan. The offer shall be made by a certificate on the final maps. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that are already public are not required to be rededicated. The City Trails Manager shall decide whether the POD for trailla will be accepted or rejected prior to approval of the final map. 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. 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, PC RES0 NO. 5753 17- 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 base, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, constructed to City Standards and to the satisfaction of the City Engineer. The improvements are: a. b. C. d. e. f. g- Core Improvements to College Boulevard street improvements from its existing northerly terminus just north of El Camino Real extended to Cannon Road. Core Improvements consist of full-width grading, two 18-ft lanes, median curbs, and road drainage crossings, drainage facilities required to protect the roadbed, full-width bridge crossing for College Boulevard over Agua Hedionda Creek, erosion control, landscape, irrigation, and transition improvements to full City standard street improvements with Cannon Road and Sunny Creek Road. In addition to core improvements, complete half-street improvements for College Boulevard are required along the project frontage per City Standards. Complete half-street improvements include a 32-ft paved half- street width consisting of two 12-foot lanes and an 8-foot bike lane, curb, gutter, streetlights, fire hydrants, median hardscape, median landscaping and irrigation, parkway landscaping and irrigation, and street drainage facilities. Street and utility improvements for ‘A’ Street, ‘B’ Street, ‘C’ Street, ‘D’ Street, ‘E’ Street, ‘F’ Street, ‘G’ Street, ‘H’ Street, ‘I’ Street, ‘J’ Street, ‘K’ Street, ‘L’ Street, ‘M’ Street, ‘N’ Street, ‘0’ Street, ‘P’ Street as shown on the Tentative Map. Construct a new 36” potable waterline (490 zone) and appurtenances in College Boulevard to ‘A’ Street from the existing terminus just north of El Camino Real to ‘A’ Street continuing in ‘A’ Street to the easterly subdivision boundary. Construct a new 16” potable waterline (490 zone) and appurtenances in College Boulevard from ‘A’ Street to Cannon Road intersection. Construct a new 12” recycled waterline (384 zone) and appurtenances in College Boulevard from its existing terminus near El Camino Real to Cannon Road. Potable Pressure Reducing Stations as shown on the Tentative Map. 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. 74. Developer shall execute a separate City standard Subdivision Improvement Agreements (one for each item below) to install and secure with appropriate security as provided by PC RES0 NO. 5753 -18- 13% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 law, public improvements shown on the Tentative Map and the following improvements including, but not limited to paving, base, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, constructed to City Standards and to the satisfaction of the City Engineer. The improvements are: a. Developer shall design and install a fully actuated traffic signal, including all appurtenances at the intersection of College Boulevard and Cannon Road and traffic signal interconnect conduit and cable in College Boulevard from Cannon Road to El Camino Real. The Traffic signal shall not be installed until such time that written approval is received from the City Engineer. b. In accordance with the Zone 15 LFMP, the Developer shall design and install a fully actuated traffic signal, including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of College Boulevard and ‘A’ Street. The Traffic signal shall not be installed until such time that written approval is received from the City Engineer. c. In accordance with the Zone 15 LFMP, the Developer shall design and install a fully actuated traffic signal, including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of College Boulevard and ‘C’ Street. The Traffic signal shall not be installed until such time that written approval is received from the City Engineer. 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. 75. 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, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, constructed to City Standards and to the satisfaction of the City Engineer. The improvements are: a. Design and construction costs for future ‘M’ Street from the intersection ~f ‘J’ Street to the eastern subdivision boundary as shown on the Tentative Map. 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. Developer shall post security for these improvements, in perpetuity, or until the improvements are required for construction as directed by the City Engineer. Developer may opt to post with the City, a cash deposit covering Developer’s obligation to design and construct the improvements. PC RES0 NO. 5753 ‘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 76. 77. 78. 79. 80. 81. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting College Boulevard, excepting the access points for ‘A’ Street and ‘C’ Street to the satisfaction.of the City Engineer. For all lots containing dual frontage to a public roadway, Developer shall cause Owner to waive direct access rights on the final map for that frontage not serving as the physical access for the property. Thru lot access is not permitted. Access rights shall be waived to the satisfaction of the City Engineer. College Boulevard shall be dedicated by Owner along the project frontage based on a right-of-way width of 102-feet and in conformance with City of Carlsbad Standards. Developer shall provide all necessary temporary grading and construction easements and drainage easements necessary to construct College Boulevard as shown on the Tentative Map. Prior to issuance of building permits, Developer shall underground all existing overhead utilities within the subdivision boundary. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 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 (S WPPP).” The S WPPP 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 PC RES0 NO. 5753 -20- 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 to the maximum extent practicable storm water pollutant runoff during construction- of the project. At a minimum, the SWPPP shall: a. b. c. include all. content as established by the California Regional Water Quality Control Board requirements; include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; 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 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. d. 82. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 200 1-0 1 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 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; 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; provide calculations to verify numeric sizing criteria is met. ensure long-term maintenance of all post construct BMPs in perpetuity; and 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. d. e. f. g. 83. Developer shall incorporate into the gradinghmprovement 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 may consist of a San Diego Regional Standard Drawing D-41 energy dissipator, or other means deemed appropriate, to the satisfaction of the City Engineer. 84. That portion of existing right-of-way for College Boulevard that is proposed to be vacated (and rededicated) shall be vacated via the summary street vacation PC RES0 NO. 5753 -21- 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 procedure pursuant to the California Streets and Highway Code and to the satisfaction of the City Engineer. Fjnal Map Notes 85. Notes to the following effects shall be placed on the map as non-mapping data: a. All improvements are privately owned and are to be privately maintained with the exception of the following: 1. 2. 3. 4. 5. 6. 7. 8. College Boulevard; ‘A’ Streets through ‘0’ Street; Potable Water mains and appurtenances; Sewer mains and appurtenances; Basin ‘BJ’; Potable water pressure reducing stations; Recycled Water; and Drainage Facilites. b. This subdivision contains two remainder lots. No building permit shall be issued for any remainder lot until it is further subdivided pursuant to the provisions of Title 20 of the Carlsbad Municipal Code. c. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. d. 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. Water 86. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to verify all fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the project. All fire hydrants shall be served by public water mains to the satisfaction of the District Engineer. 87. 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. 88. Prior to issuance of building perrnits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charne(s) prior to issuance of Building Permits. PC RES0 NO. 5753 -22- 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 89. 90. 91. 92. 93. 94. 95. Fire 96. - 97. Concurrent with the submittal of the improvement plans, Developer shall prepare a colored recycled water use map and submit this map to the District Engineer for approval. 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 and the Planning Director. The Developer shall install potable water and 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. 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. 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. The Developer shall provide separate potable water meters for each lot. Developer shall submit design drawings prepared by a Registered Engineer for the construction of potable water mains service laterals and meters, appurtenances, and pressure-reducing stations required to serve the project. Said plans shall be prepared to the satisfaction of the District En,’ oineer. Future homes impacted by the Fire Protection Zones shall be required to be constructed to 1-hour fire rated exterior walls and features, in conformance with the Building Code, subject to Fire Marshall approval. Please contact the Carlsbad Fire Department for approved materials and methods. The lots are identified as: Lots 8 through 13, 36 through 38, 42, 43, 58 through 61, 81, 82, 85 through 102, and 107 through 112. All subsequent submittals shall indicate that these lots are conditioned by adding the suffix “FR” to the lot designator and shall be noted by lot numbers on the title page of the working drawings. The following lots shall be required to have installed an approved automatic fire sprinkler system. This condition is set forth as the Fire Department access is in excess of the established limits of CFC Article 9. The lots to be conditioned are identified as: Lots 27, 31,34 through 36,38 through 44,47 through 52,60 through 62,66 through 71,75,76,81,82,88 through 94,104,108, and 109. All subsequent submittal Title Sheets shall indicate that these lot numbers are conditioned and state “Fire Sprinkled.” PC RES0 NO. 5753 -23- /! 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 98. 99. 100. 101. 102. 103. Fire sprinklers are required under the following conditions: In accordance with Chapter 9 of the California Fire Code, the centermost portion of the rear first floor of any residence, measured in an approved manner from the nearest public street exceeding one-hundred and fifty (150) feet shall be protected with an approved automatic fire sprinkler system in conformance with NFPA Standard 13D. The following item shall be included in the CC&Rs: The maintenance of common areas and fuel modification areas shall be submitted to the Fire Department for review and approval. Strict adherence to the adopted City of Carlsbad Landscape Manual for the 60-foot clearance from combustible vegetation is required. There shall be no combustible or wood fencing within 100 feet of native undisturbed vegetation (F.3-6). No patio covers, decks or similar structures to homes shall occur within the first twenty (20) - feet of the sixty (60) - foot fuel modification zone unless fire rated or heavy timber materials are utilized and approval of said materials shall be obtained prior to installation from the Building Department. In accordance with the City’s adopted landscape manual, unless the 60- foot fuel modification zone begins at the property line, Section F.3-2 prohibits tree and shrubs in the first twenty (20) - feet of the sixty (60) - foot zone. No more than 20 units may be constructed in any phase without providing two points of access, unless otherwise approved by the Fire Chief or hidher desi, =nee. Code Reminders 104. 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. 105. 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. 106. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 107. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. a. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. PC RES0 NO. 5753 -24- /% 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 28 108. 109. 110. 112. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Developer shall exercise special care during the construction phase of this project to prevent offsite 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 EngineerSome improvements shown on the tentative parcel map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. 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 .” You have 90 days from date of approval to protest imposition of these feedexactions. 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 feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... PC RES0 NO. 5753 -25- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of October, 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: 36- * FRANK H. WHITTON, Chairperson CARZSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLMILLYR Planning Director PC RES0 NO. 5753 -26- /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 PLANNING COMMISSION RESOLUTION NO. 5754 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN SDP 01-10 TO ALLOW THE CONSTRUCTION OF AN 80-UNIT MIXED- RATE APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED EAST OF COLLEGE BOULEVARD AND NORTH OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: CANTARINI RANCH CASE NO.: SDP 01-10 WHEREAS, Bentley Monarch LLC, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by The Bentley-Monarch Joint Venture; Holly Springs, Ltd.; and Rancho Carlsbad Partners “Owners,” described as That portion of Lot “B” in Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of $an Diego County on November 16,1896, described in a Grant Deed recorded July 9, 1962 as File/Page No. 116406 of Official Records. Except therefrom that portion thereof described in a Grant Deed recorded November 19,1965 as File/Page No. 210231 of Official Records. Also including portions of Lot “D” and “E” of said Map No. 823, described in a Grant Deed recorded September 7, 1995, as Doc. # 1995- 00100176 of Official Records. Also including a portion of Lot B of said Map No. 823, described in a Grant Deed recorded September 7,1995, as Doc. # 1995-0398027 of Official Records (6 79 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibits “A” - “M” dated October 20, 2004, on file in the Planning Department, CANTARINI RANCH - SDP 01-10 as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of October, 2004, hold a duly noticed public hearing as prescribed by law to consider said request; and 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, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of CANTAFUNI RANCH - SDP 01-10 based on the following findings and subject to the following conditions: 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that: a. b. C. d. e. The proposed SO-unit mixed-rate housing project is consistent with the Residential Medium-High (RMH, 8-15 du/ac) land use designation proposed in conjunction with the Cantarini Ranch development proposal and will help to meet the housing needs of the community. The project is consistent with all City policies and development standards and will be used to satisfy the affordable housing requirements of both the Cantarini Ranch and Holly Springs developments. The project’s location adjacent to College Boulevard and the provision of two points of access from a collector street (“C” Street) would not adversely affect the surrounding properties. The site is appropriate for higher-density residential development and complies with the General Plan location criteria for affordable housing in that the site is adjacent to a major arterial (College Boulevard) and other transportation facilities are available (transit bus lines) which provide convenient access to nearby employment areas and commercial services. The project is proposed as a combined off-site project to meet the affordable housing requirements for the Cantarini Ranch and Holly Springs projects and other small projects within the vicinity. 2. PC RES0 NO. 5754 -2- That the provision of a combined off-site project, located outside of the boundaries of the Sunny Creek Specific Plan, is more feasible that an on-site option due to the /a% 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 3. 4. 5. 6. 7. 8. difficulty in integrating an affordable housing product type within an area designated for residential estate type of development which would result in extreme differences in price and product type disparity. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project complies with all City policies and standards including the RD-M Zone. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that all required setbacks have been provided, a 40-foot average landscape buffer is provided along College Boulevard, two points of access are provided to the site to ensure for adequate emergency access, landscaping has been integrated throughout the site, parking spaces are located in close proximity to the apartments, and a variety of recreation facilities are integrated into the plan. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the public streets will be improved to full width with curbs, gutters, sidewalks, and that the proposed streets have been demonstrated to be adequate to accommodate the traffic generated by this project through approval of the CantarinUHolly Springs Joint EIR - EIR 02-02. 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 enter into an Affordable Housing Agreement to provide and deed restrict 40 dwelling units as affordable to lower-income households. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 15 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. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). PC RES0 NO. 5754 -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 9. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 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 issuance of a grading or building permit. 1. 2. 3. 4. 5. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Site Development Plan. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. 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 Site Development Plan, (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. PC RES0 NO. 5754 -4- 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 6. 7 .. 8. 9. 10. 11. 12. 13. 14. 15. Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copyof the Site Plan reflecting the conditions approved by the final decision making body. Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolutions in a 24” x 36” blueline drawing format (including any applicable Coastal Commission approvals). 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. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 15 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Prior to issuance of a building permit, the Final Map for CT 00-18 shall be approved and recorded. This approval is granted subject to the certification, adoption and approval of the Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and Reporting Program, LFMP 15(C), GPA 01-09, ZC 00-05, CT 00-18, HDP 00-09 and SUP 00-09 and is subject to all conditions contained in Planning Commission Resolutions No. 5749, 5750, 5751, 5752, 5753, 5755 and 5756 for those other approvals incorporated herein by reference. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of approval of the Final Map for CT 00-18, Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 40 dwelling units as affordable to lower-income households at 70% or lower AMI for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. At least 10% of the units designated for low-income housing shall have three or more bedrooms. PC RES0 NO. 5754 -5- 159 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 16. 17. 18. 19. 20. ’. 21. 22. The combined project is intended to satisfy the inclusionary housing requirements for the Cantarini Ranch and Holly Springs developments as follows: Cantarini Ranch - 19 units Holly Springs - 8 units Multi-family project - 8 units Any excess low-income housing units may be used to satisfy the inclusionary housing requirements for other developments within the northeast quadrant, subject to City Council approval, as provided for in the Affordable Housing Agreement. Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. Native plants shall be used adjacent to the open space areas to the greatest extent feasible. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Prior to approval of a building permit, the Developer shall record a permanent easement for public use of the community trail located on the northeast boundary of the site. The trail shall be constructed as a private trail for public use and the obligation for construction, maintenance and liability shall be the responsibility of the property owner. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall include at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 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 15, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. PC RES0 NO. 5754 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23. 24. 25. 26. 27. 28. 29. 30. 31. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities. Developer shall report, in writing, to the Planning Director within 30 days, any address change fiom that which is shown on the permit application. Prior to the issuance of the building 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 Site Development Plan by Resolution No. 5754 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. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor (College Boulevard), in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating fiom 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). Developer shall post aircraft noise notification signs in all rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. PC RES0 NO. 5754 -7- /b/ 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 32. 33. 34. 35. 36. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas, All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Developer shall construct, install and stripe not less than 175 parking spaces, as shown on Exhibit “C.” All visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked in a manner approved by the Planning Director. The management company shall ensure that there is no outdoor storage of household goods, sports equipment, etc. on balconies and/or patios except for barbeques, outdoor tables and chairs, or similar types of furniture commonly found on patios. Architectural features needed to achieve the interior noise standard of 45 dBA CNEL shall be noted on the building plans. A statement certifying that the required architectural features have been incorporated into the building plans, signed by the acoustical analyst/acoustician shall be located on the building plans. The architect shall also include his registration stamp in addition to the required signature. All noise level reduction architectural components shall be shown on the architectural building plans, and shall be approved. Engineering: General 37. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval fiom, the City Engineer for the proposed haul route. 38. 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. FeedAgreements 39. Prior to issuance of grading permits or building permits for this project, whichever occurs first, improvements to College Boulevard and ‘C’ Street, pursuant to CT 00- 18, shall be approved and substantially complete to the satisfaction of the City Engineer. This project shall be served by an improved roadway and operational underground facilities (sewer, water, dry utilities, etc.) prior to development permits. Grading 40. Based upon a review of the proposed grading and the grading quantities shown on the PC RES0 NO. 5754 -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 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. 41. Developer shall obtain a precise grading permit to the satisfaction of the City Engineer. 42. 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. DedicationsDmprovements 43. 44. 45. 46. 47. All public infrastructure necessary to serve this project, including but not limited to public streets and underground utilities as shown on the Tentative Map, shall be constructed to the satisfaction of the City Engineer. Developer shall cause Owner to dedicate 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. 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. Developer shall execute a City standard Development 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, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, constructed to City Standards and to the satisfaction of the City Engineer. The improvements are: a. b. Public potable water lines and appurtenances as shown on the Site Plan. Public sewer lines and appurtenances as shown on the Site Plan. Improvements listed above shall be constructed within 18 months of approval of the development improvement agreement or such other time as provided in said agreement. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of PC RES0 NO. 5754 -9- 14 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 the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 48. 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 (S WPPP).” The S WPPP 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. b. C. include all content as established by the California Regional Water Quality Control Board requirements; include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; 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 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. d. 49. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. , identify existing and post-development on-site pollutants-of-concern; PC RES0 NO. 5754 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I ?3 24 25 26 27 28 b. c. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; . 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; 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; provide calculations to verify numeric sizing criteria is met. ensure long-term maintenance of all post construct BMPs in perpetuity; and identifjr 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. d. e. f. g. 50. Developer shall design, to the satisfaction of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R- value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. Water 51. 52. 53. 54. 55. 56. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to verify all fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the project. All fire hydrants shall be served by public water mains to the satisfaction of the District Engineer. 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. 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 Countv Water Authority capacity charae(s2 prior to issuance of Building Permits. 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 and the Planning Director. The Developer shall install potable water and 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. 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. -1 1- /&a- PC RES0 NO. 5754 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 57. 58. Fire: 59. - 60. 61. 62. 63. 64. 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. Developer shall submit design drawings prepared by a Registered Engineer for the construction of potable water mains service laterals and meters, appurtenances required to serve the project. Said plans shall be prepared to the satisfaction of the District En,’ uineer. All buildings shall be required to have installed an approved automatic fire sprinkler system. The title sheet shall indicate that the lot is so conditioned and shall state “Fire Sprinklered.” The following item shall be included CC&Rs: The maintenance of common areas and fuel modification areas shall be submitted to the Fire Department for review and approval. Strict adherence to the adopted City of Carlsbad Landscape Manual for the 60-foot clearance from combustible vegetation is required. There shall be no combustible or wood fencing within 100 feet of native undisturbed vegetation (F.3-6). No patio covers, decks or similar structures to homes shall occur within the fuel modification zone unless fire rated or heavy timber materials are utilized. Approval of said materials shall be obtained prior to installation from the Building Department. Please note that in accordance with the City’s adopted landscape manual, unless the 60- foot fuel modification zone begins at the property line, Section F.3-2 prohibits tree and shrubs in the first twenty (20) - feet of the sixty (60) - foot zone. No more than 20 units may be constructed in any phase without providing two points of access, unless otherwise approved by the Fire Chief or hidher designee. - Code Reminders 65. 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. 66. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 67. PC RES0 NO. 5754 -12- Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. ILL 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 68. 69. 70. 71. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Developer shall exercise special care during the construction phase of this project to prevent offsite 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. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ... ... ... PC RES0 NO. 5754 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of October 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: +*- FRANK H. WHITON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLmILLm Planning Director PC RES0 NO. 5754 -14- lc8 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 PLANNING COMMISSION RESOLUTION NO. 5755 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT HDP COLLEGE BOULEVARD AND NORTH OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: CANTARINI RANCH 00-09 ON PROPERTY GENERALLY LOCATED EAST OF CASE NO. : HDP 00-09 WHEREAS, Bentley Monarch LLC, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by The Bentley-Monarch Joint Venture; Holly Springs, Ltd.; and Rancho Carlsbad Partners “Owners,” described as That portion of Lot “B” in Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County on November 16,1896, described in a Grant Deed recorded July 9, 1962 as File/Page No. 116406 of Official Records. Except therefrom that portion thereof described in a Grant Deed recorded November 19, 1965 as File/Page No. 210231 of Official Records. Also including portions of Lot “D” and “E” of said Map No. 823, described in a Grant Deed recorded September 7,1995, as Doc. # 1995-00100176 of Official Records. Also including a portion of Lot “B” of said Map No. 823, described in a Grant Deed recorded September 7,1995, as Doc. # 1995-0398027 of Official Records (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits “A” - “11” dated October 20, 2004, on file in the Carlsbad Planning Department, CANTARINI RANCH - HDP 00-09, as provided by Chapter 2 1.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 20th day of October 2004, consider said request; and 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, 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CANTAFUNI RANCH - HDP 00-09 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 hillside conditions are properly identified and are incorporated in the design of the subdivision; the project is designed to relate to the slope of the land; highly visible slopes will be contour graded; the alteration of the natural hillsides will be done in an environmentally sensitive manner to preserve steep slopes and wildlife habitats; and the project will implement NPDES measures to reduce runoff and avoid erosion. 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, in that no grading will occur in areas with natural slopes over 40%. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that on-site grading is within the acceptable quantity range with 7,360 cy/acre; no slopes over 40 feet in height are being created as a result of the grading scheme with the exception of a small portion of slope near Lot 17 facing College Boulevard which is 43.5 feet but is exempt since it is necessary for the construction of a Circulation Element Roadway (College Boulevard); lots requiring a slope edge building setback from top of slope for future residential construction have been identified on the tentative map, and all manufactured slopes will be landscaped in accordance with the City’s Landscape Guidelines Manual. 5. PC RES0 NO. 5755 -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 6. That the project design and lot configuration minimizes disturbance of hillside lands,-in that the significant slope and sensitive habitat areas are being preserved in open space. 7. That the site has unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading in that the site contains compressible soils which require corrective grading measures. 8. That the proposed modification allowing a retaining wall up to 19.8 feet west of “I” Street will result in significantly more open space or undisturbed area than would a strict adherence to the requirements of the ordinance, in that the retaining wall will reduce grading impacts to the adjacent wetlands area. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map approval or issuance of grading permit, whichever occurs first. 1. 2. 9 J. 4. ... 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. 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. This approval is granted subject to the certification, adoption and approval of the Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and Reporting Program, LFMP 15(C), GPA 01-09, ZC 00-05, CT 00-18, SDP 01-10 and SUP 00-09 and is subject to all conditions contained in Planning Commission Resolutions No. 5749, 5750, 5751, 5752, 5753, 5754 and 5756 for those other approvals incorporated herein by reference. Plantable retaining walls shall be constructed with a natural earth-tone material and shall be planted with non-invasive, native plant materials. PC RES0 NO. 5755 -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 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 feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of October 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: 26- H. WHITON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: v MICHAEL J. HOLZMII~LER Planning Director PC RES0 NO. 5755 -4- 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 PLANNING COMMISSION RESOLUTION NO. 5757 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO ADJUST THE SPACE (OS) DESIGNATIONS TO REFLECT THE BOUNDARIES OF THE OPEN SPACE PRESERVE AREAS ON PROPERTY GENERALLY LOCATED EAST OF COLLEGE BOULEVARD AND SOUTH OF FUTURE CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: HOLLY SPRINGS RESIDENTIAL LOW-MEDIUM DENSITY (RLM) AND OPEN CASE NO.: GPA 00-06 WHEREAS, David M. Bentley, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Holly Springs, Ltd., “Owner,” described as Those portions of Lots “D” and “E” of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November 16, 1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit “GPA 00-06” dated October 20,2004, attached hereto and on file in the Carlsbad Planning Department HOLLY SPRINGS - GPA 00-06 as provided in .. Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of October 2004, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of HOLLY SPRINGS - GPA 00-06, based on the following findings: Findings: 1. The Planning Commission finds that the project is in conformance with the Elements of the City’s General Plan and Specific Plan SP 191 based on the facts set forth in the staff report dated October 20, 2004 including, but not limited to the following: that the proposed adjustments to the General Plan Land Use Designations of Residential Low-Medium Density (RLM, 0-4 du/ac) and Open Space (OS) are necessary to reflect the development proposal which consists of one-half acre minimum lots for single-family residential development and the remaining lands are open space preserve areas. The land use designations are compatible with the surrounding land uses in that the adjacent lands are designated for RLM and OS land uses; that the RLM land use designation implements the Sunny Creek Specific Plan SP-191 densities of 1-2 du/ac and minimum lot size requirements of one-half acre; that the land use change to OS is based on the environmental constraints of the property and is environmentally and topographically appropriate for the site in that the slopes and habitat areas included in the open space preserve areas are found to be “equal to or better’’ than the “hardline areas” shown in the City’s draft Habitat Management Plan and that these areas are proposed to be designated as Open Space on the General Plan Land Use Map. 2. That the boundaries of the existing OS designated lands do not coincide with the boundaries of the HMP hardline conservation area. Policy C.20 of the Open Space Planning and Protection Section of the General Plan Open Space and Conservation Element requires findings to adjust the boundaries of any open space shown on the “Official Open Space and Conservation Map” dated September 1994. The necessary findings are: A. The proposed open space is equal to or greater than the area depicted on the Official Open Space Map. The proposed adjustment in open space boundaries will increase the acreage designated as OS in the Holly Springs Remainder Parcel “D” from 10.6 acres to 19.3 acres and will assign a new OS designation to 60.72 acres within the Holly Springs subdivision; and B. The proposed open space area is of environmental quality equal to or greater than that depicted on the Official Open Space Map. The open space adjustment will eliminate the RLM land use designations on the open space preserve areas and will preserve additional acres of open space within a critical wildlife habitat corridor; and PC RES0 NO. 5757 -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 C. The proposed adjustment to open space is within close proximity to the open space presently shown on the Official Open Space Map. The proposed amendment will add 60.72 acres of open space within the subdivision boundaries and will increase the open space in Remainder Parcel “D” by approximately 8.66 acres. The additional open space is contiguous with existing open space. Conditions: 1. This approval is granted subject to the certification, adoption and approval of the Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and Reporting Program, and LFMP 15(C) and ZC 00-09 and is subject to all conditions contained in Planning Commission Resolutions No. 5749, 5750 and 5758 for those other approvals incorporated herein by reference. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of October 2004, by the following vote, to wit: AYES: NOES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall ABSENT: ABSTAIN: 1 K H. WHITTON, Chairperson CARLSBAD PLANNING’ COMMIS SION ATTEST: MICHAEL J. HO~MIL&R Planning Director PC RES0 NO. 5757 GPA 00-06 - Holly Springs October 20, 2004 Property From: A. 168-050-07,49, 51 RLM & OS B. 168-050-06 RLM & OS To: RLM & OS os 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 PLANNING COMMISSION RESOLUTION NO. 5758 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL-0.5 ACRE MINIMUM LOT SIZE-QUALIFIED DEVELOPMENT OVERLAY ZONE (R-1-0.5-Q) AND OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED EAST OF COLLEGE BOULEVARD AND SOUTH OF FUTURE CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: HOLLY SPRINGS CASE NO.: ZC 00-09 WHEREAS, David M. Bentley, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Holly Springs, Ltd. “Owner,” described as Those portions of Lots “D” and “E” of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November 16, 1896 (“the Property”); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit “X” dated October 20, 2004, attached hereto and on file in the Planning Department, HOLLY SPRINGS - ZC 00-09 as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 20th day of October, 2004, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: /77 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of HOLLY SPRINGS - ZC 00-09 based on the following findings: Findings:. 1. That the proposed Zone Change from Limited Control (L-C) to One-Family Residential-0.5 acre minimum lot size-Qualified Development Overlay Zone (R-1- 0.5-Q) and Open Space (OS) is consistent with the goals and policies of the various elements of the General Plan, in that in that the proposed zones replace the L-C zone which is intended to be an interim zone designation, and the proposed R-1-0.5-Q and OS zone designations are consistent with the proposed Residential Low- Medium Density (RLM, 0-4 du/ac) and Open Space (OS) General Plan Land Use designations. 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the zoning designations shown on Exhibit “ZC 00-09” attached hereto, implements the General Plan Land Use Designations of RLM and OS. 3. That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that the single-family residential and open space uses allowed by the proposed Zone Change are compatible with the future residential and open space uses and that the proposed Zone Change to OS is necessary to reflect the areas set aside as open space preserve as required by the City’s draft Habitat Management Plan. Conditions: 1. This approval is granted subject to the certification, adoption and approval of the Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and Reporting Program, LFMP 15(C) and GPA 00-06 and is subject to all conditions contained in Planning Commission Resolutions No. 5749, 5750 and 5757 for those other approvals incorporated herein by reference. 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. PC RES0 NO. 5758 -2- 1 78 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 are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 20th day of October 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: /&Z2-A- /i;RANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: .. MICHAEL J. HOLZMILL~R Planning Director / 79 PC RES0 NO. 5758 -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 PLANNING COMMISSION RESOLUTION NO. 5759 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE A 119.85 ACRE SITE INTO 43 RESIDENTIAL LOTS, AND ONE 19.3 ACRE REMAINDER PARCEL ON PROPERTY GENERALLY LOCATED EAST OF COLLEGE BOULEVARD AND SOUTH OF FUTURE CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: HOLLY SPRINGS APPROVAL OF CARLSBAD TRACT CT 00-21 TO LOTS, SIX OPEN SPACE LOTS, FOUR HOA-MAINTAINED CASE NO.: CT 00-2 1 WHEREAS, David M. Bentley, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Holly Springs, Ltd. “Owner,” described as Those portions of Lots “D” and “E” of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November 16, 1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “0” dated October 20, 2004, on file in the Planning Department HOLLY SPRINGS - CT 00-21, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of October, 2004, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: /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 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of HOLLY SPRINGS - CT 00-21, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. 8. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the project is consistent with all requirements of Titles 20 and 21 governing lot size and configuration and has been designed to comply with all applicable City regulations, including the General Plan and the Sunny Creek Specific Plan (SP 191). That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for open space and residential development on the General Plan with a comparable density. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that all required development standards and design criteria required by the applicable zoning ordinances are incorporated into the project without the need for variances from development standards. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 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 the lots are oriented to allow for solar exposure and take advantage of prevailing breezes. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project will implement all required mitigation measures contained in EIR 02-02 and the Mitigation Monitoring and Reporting Program for the Cantarini Ranchklolly Springs Joint EIR. PC RES0 NO. 5759 -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 9. 10. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan and Specific Plan SP-191 based on the facts set forth in the staff report dated October 20, 2004, incorporated herein by reference. a. Land Use - The project is consistent with the City’s General Plan since the proposed density of 0.47 du/ac is within the density range of 0 - 4 du/ac (RLM) specified for the site as indicated in the Land Use Element of the General Plan. The Open Space (OS) land use designation is being applied to the hardline preserve areas, consistent with the City’s draft Habitat Management Plan. The project’s proposed density is below the Growth Management Control Point of 2.88 assigned to properties within SP 191 and 3.2 du/ac for other RLM designated properties 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 project will be required to construct new public streets from College Boulevard in order to provide access to the site. Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the developer has been conditioned to enter into an Affordable Housing Agreement to provide eight (8) affordable housing units in the Cantarini Ranch combined off-site affordable housing project in order to satisfy its 15% inclusionary housing requirement. c. d. Open Space and Conservation - The proposed open space preserve areas are “equal to or better” than the “hardline areas” identified in the City’s draft Habitat Management Plan and these open space areas will be managed by an appropriate conservation entity with adequate funds for long-term biological management consistent with the HMP. PC RES0 NO. 5759 -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 11. 12. 13. 14. 15. 16. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 15 as amended herewith and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide fimding 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. c. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. 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. 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 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 15. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City’s General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City’s Habitat Management Plan. PC RES0 NO. 5759 -4- /l3 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. 18. 19. 20. 21. 22. 23. 24. That the City has adopted a Citywide Trails Program and a segment of the trail network is associated with this project. The applicant shall prepare and submit a trail plan for approval by the Park and Recreation Director prior to construction. Construction shall be inspected to ensure conformity with the Standards for Design and Construction of Public Works Improvements in the City of Carlsbad (“Standards”); Trail Construction Standards; and the approved plans. That the property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that the panhandle lot configuration is desired to reduce grading impacts to sensitive vegetation communities, to maintain the natural topography and ridgelines of the property, and to provide a rural estate character in accordance with the Sunny Creek Specific Plan. That subdivision with panhandle lots will not preclude .or adversely affect the ability to provide full public street access to other properties within the same block of the subject property, in that the proposed public streets provide access to adjacent properties and the lot sizes are such that no future subdivisions will occur. That the buildable portion of Lots 6,8,23, and 24, excluding the panhandle, consists of over one-half acre, which meets the requirements of Section 21.1 O.O8O(c) of the Carlsbad Municipal Code. That the front, side, and rear property lines of the buildable lot, for purposes of determining required yards, are as shown on Exhibits “E and F.” That any panhandle lot hereby approved satisfies all the requirements of Section 21.10.080(d) of the Carlsbad Municipal Code. That the subdivision is consistent with the development standards of SP 191 including: 1) preserving the rural and natural characteristics of the area; 2) designing property lines in keeping with the natural terrain by following natural drainage courses, ridge lines and tops of graded slopes, wherever practicable; and 3) by creating buildable lots with usable access without undue alteration of the terrain. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map approval or issuance of grading permit, whichever occurs first. 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 modi@ all approvals herein granted; deny or further condition issuance of all PC RES0 NO. 5759 -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 2. ,l 3. 4. 5. 6. 7. 8. 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. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. Developer shall implement, or cause the implementation of, the Cantarini Ranch/Holly Springs Joint EIR (EIR 02-02) Project Mitigation Monitoring and Reporting Program. Developer shall implement, or cause the implementation of, the Calavera Hills Master Plan Phase 11, Bridge and Thoroughfare District No. 4, and Detention Basins EIR (EIR 98-02) Project Mitigation Monitoring and Reporting Program for the construction of College Boulevard Reach A, bridge over Agua Hedionda Creek, Basin BJ, and associated drainage improvements. I 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 Tentative Tract 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. Developer shall submit to Planning Department a reproducible 24” x 36” mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. PC RES0 NO. 5759 -6- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. 12. 13. 14. 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. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 15 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. This approval is granted subject to the certification, adoption and approval of the Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and Reporting Program, LFMP 15(C), GPA 00-06, ZC 00-09, and HDP 00-12, and is subject to all conditions contained in Planning Commission Resolutions No. 5749, 5750, 5757,5758, and 5760 for those other approvals incorporated herein by reference. 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 6587 1 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. Prior to the recordation of the Final Map(s), the Developer shall execute a document or documents, to the satisfaction of the Planning Director and the City Attorney, in relation to the open space habitat Lots 10,18,27,47,48 and 53 to ensure the following: a. Select a conservation entity, subject to the approval by the Planning Director, that possesses the necessary qualifications to hold title to the open space lots and ensure management of the open space lots for conservation purposes. Prepare a Property Analysis Record (PAR) or other method acceptable to the Planning Director for estimating the costs of management and monitoring of the open space lots in perpetuity. Based on the results of the PAR, provide a non-wasting endowment, or other financial mechanism acceptable to the Planning Director and Wildlife Agencies, to the selected conservation entity in an amount'sufficient for management and monitoring of the open space lots in perpetuity. Transfer fee title to the open space lots to the selected conservation entity, or execute a document to ensure the future transfer of ownership of the open space lots along with the non-wasting endowment, to the City or its designee, to provide b. c. d. PC RES0 NO. 5759 -7- 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 15. 16. 17. 18. 19. for the management, monitoring, and conservation of the open space lots in perpetuity consistent with the Carlsbad HMP. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, which provide some benefits to wildlife, as documented in the City’s Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species, The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The fee becomes effective following final approval of the Habitat Management Plan. The City is currently updating the fee study, which is expected to result in an increase in the amount of the fee. If the Habitat Management Plan is approved, then the Developer or Developer’s successor(s) in interest shall pay the adjusted amount of the fee. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any an all approvals for this project shall become null and void. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide eight (8) affordable housing units in the Cantarini Ranch SO-unit apartment housing project in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. Native plants shall be used adjacent to the open space areas to the greatest extent feasible. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. 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: If 7 PC RES0 NO. 5759 -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 a. b. C. d. 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. 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. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal 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 hidher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 188 PC RES0 NO. 5759 -9- 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 20. 21. 22. 23. 24. .( 25. 26. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit -. f. An exhibit shall be provided to each property owner showing the fire suppression zones, approved fence locations, and maintenance responsibility area for their lot. 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 15, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the future sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. Developer shall post a sign in the future sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Prior to the recordation of the first final tract map, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Developer shall post aircraft noise notification signs in all future sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). Prior to the recordation of the first final tract map, the Developer shall prepare and record a notice that this property is in proximity to Carlsbad Unified School District land, located at the northeast intersection of College Boulevard and Cannon Road, and that this property may be developed as a future school facility. Such notice shall be prepared in a form meeting the approval of the Planning Director and City Attorney. 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 Tentative Tract Map and Hillside Development Permit by Resolutions No. 5759 and 5760 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. PC RES0 NO. 5759 -10- /89 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 27. 28. 29. 30. 31. 32. 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. Developer shall dedicate on the final map, an open space easement for those portions of Lots 10, 18,27, 47, 48 and 53 which are (in slopes, wetlands, coastal sage scrub or other constrained land plus all other lands set aside as part of the Citywide Open Space System) to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibits - &bo,,? Removal of native vegetation and development of Open Space Lots 10, 18, 27, 47, 48 and 53, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of this approval, as shown on the Tentative Tract Map and Landscape Concept Plan and as recommended in the Cantarini Ranch/Holly Springs Joint EIR (EIR 02-02) and Mitigation and Monitoring Report, 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 arborist/botanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. Prior to approval of the final maps, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for trail(s) shown on the Pedestrian Circulation and Trail Plan within Open Space Lots 10 and 47. If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as a public trail and will be the maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail shall still be constructed but it shall be constructed as a private trailfor public use and the obligation for acceptance, construction, maintenance and liability shall be the responsibility of the Homeowners Association or selected open space conservation entity. Concurrent with recordation of the final map, the Developer shall record -a permanent easement for public use of all community trails, including DG trails, asphalt walkways, and meandering sidewalks which occur on privately owned lots or HOA lots. Prior to the approval of a final map the Developer shall pay to the City a Trail Plan Check fee and inspection fee in accordance with the current city fee schedule. Concurrent with recordation of the final map, the developer shall record a covenant of easement for private landscape purposes on the privately owned lots to allow HOA maintenance of landscape slope areas and fire suppression zones as shown on the Tentative Map and Maintenance Responsibility exhibit, subject to approval of the Planning Director and City Engineer. PC RES0 NO. 5759 ,11- /90 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 33. 34. 35. 36. 37. 38. 39. 40. The location of the sidewalks and DG trails shown on the conceptual Pedestrian Circulation and Trail Plan may be modified, subject to the approval of the Planning Director, City Engineer, and Trails Manager, for the purpose of providing a continuous DG loop trail throughout the Cantarini Ranch and Holly Springs developments, provided that sidewalks are located on one side of the street. A final map for Phase VI, allowing the subdivision of residential Lots 49-52 and Open Space Lot 53, shall not be recorded until the agricultural land contained in Lot 53 has been revegetated to native habitat in accordance with the mitigation measures contained in EIR 02-02. A temporary open space easement shall be recorded on Lots 49 through 52 restricting the development of the lots until the agricultural uses on Lot 53 cease and Lot 53 is revegetated with native species, according to the provisions in the Mitigation and Monitoring Plan for the Development of the Cantarini and Holly Springs Properties. A deed restriction shall be recorded on all lots bordering protected open space prohibiting direct access and restricting the use of any invasive plants adjacent to the open space area. Brush clearing in the fuel management zone shall be done by hand and no grubbing or other subsurface-disturbing brush removal shall be done. If machinery is used, or if subsurface disturbance will occur from brush removal, additional mitigation will be necessary in the fuel management zone. Disturbance within the open space easement portion of the site is not permitted. Prior to the issuance of building permits, a Site Development Plan shall be approved for the architecture and plotting of units in the event that future homes are proposed to be constructed as production homes, rather than individual custom home lots. Fence and ,wall locations may be modified, subject to approval of the Planning Director and Fire Marshall. Modified rear-yard fence locations shall not extend into Fire Suppression Zones 2 or 3. All predation fencing and theme wall fencing shall be installed concurrently with development. Engineering General 41. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. PC RES0 NO. 5759 -12- 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 42. 43. 44. 45. 46. 47. 48. 49. 50. 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. Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other recorded document, for maintaining the private easements within the subdivision and all the private improvements: storm water quality units, drainage swales/concrete-lined ditches, and trail facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. This project is approved for up to six (6) Final Maps for the purposes of recordation in the order of phasing shown on the tentative map. Map Phases 1-5 shall be submitted, processed and recorded concurrently, unless otherwise approved by the City Engineer and the Planning Director. Phase 6 may be submitted, processed and recorded at a later date, provided no grading is proposed prior to Phase 6 map recordation. If Developer desires to record a Final Map out of the phase approved on the tentative map, the new phasing may be approved or conditionally approved by the City Engineer and Planning Director if they are satisfied that public infrastructure necessary to support each phase of development is in place or secured to the satisfaction of the City Engineer. Developer shall cause property owner to submit for, process and receive approval of a Lot Line Adjustment (ADJ 00-14) that adjusts the boundary of the subdivision to match that as shown on the Tentative Map. The Lot Line Adjustment shall be recorded prior to submittal of the first Final Map for this project. The Lot Line Adjustment shall be prepared to the satisfaction of the City Engineer. No final map, grading or improvement permits shall be issued or approved until the public street and public utility improvements that serve this project are dedicated, secured, and constructed to the satisfaction of the City Engineer. These improvements consist of, but are not limited to, College Boulevard street and public utility improvements from its existing terminus near El Camino Real to Cannon Road, College Boulevard bridge, Basin BJ, ‘A’ Street, ‘J’ Street, ‘M’ Street, and ‘C’ Street all as shown on the Tentative Map for CT 00-18. The final map for this project shall not record in advance of the final map for CT 00-18, as the improvements for this project are contingent on CT 00-18 constructing them, unless otherwise approved by the City Engineer. This project is subject to approval of CT 00-18 and is subject to all conditions, which are incorporated herein by reference. Developer is responsible to pay prevailing wage on all work that is subject to reimbursement by public funds in accordance with State Law. /9=x PC RES0 NO. 5759 -13- 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FeedAgreements 51. 52. 53. 54. 55. 56. 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. 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. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2 (SL & LD #2). Prior to approval of any grading, building permits or final map for this project, Developer shall cause Owner to execute an Agreement to annex the subject property into City of SL & LD #2. The Agreement shall be in a form approved by the Assistant City Finance Director and the City Attorney. Developer shall pay all fees necessary to annex the property into SL & LD #2. 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 over Lots 1-4, 6, 7,9,15,22-26,31-35,38, 39,40,41,42, and 49-51. 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 result in damage to the underlying and adjacent properties or the creation of a public nuisance. Prior to final map approval, the Developer shall develop and agree to the formation of a comprehensive financing program guaranteeing the construction of the core improvements for Cannon Road Reach 4A in accordance with the requirements of the amended Zone 15 Local Facilities Management Plan (LFMP). Cannon Road Reach 4A extends east from the intersection with College Boulevard approximately 900 feet. The core improvements consist of full width grading, two 18-ft paved lanes, median curbs, drainage facilities required to protect the roadbed, and transition improvements to full City standard intersection improvements at the intersection with College Boulevard. The financing program guarantee must also address the acquisition of the right-of-way (ROW) for the road, slope and drainage easement in addition to the design, construction and environmental mitigation measures. The City is currently in the process of updating its Master Drainage and Water Quality Management Plan (Master Drainage Plan) and associated Planned Local Drainage Area (PLDA) fees. Prior to final map approval the developer shall pay the PC RES0 NO. 5759 .14- 193 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 current PLDA fee, and/or receive appropriate credits for any Master Drainage Plan facility improvements installed by Developer as a condition of this project, and enter into an agreement with the City to pay the increase in the PLDA fee, if any, at the time City Council approves the updated Master Drainage Plan and associated PLDA fee. Grading 57. 58. 59. 60. 61. 62. 63. 64. 65. 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. Developer shall prepare, process and record a covenant of easement for private sewer purposes over Lot 25 for the benefit of Lot 30. The covenant of easement shall be prepared to the satisfaction of the City Engineer. Developer shall prepare, process and record a covenant of easement for private sewer purposes over Lot 24 for the benefit of Lot 31. The covenant of easement shall be prepared to the satisfaction of the City Engineer. Developer shall obtain a precise grading permit(s), in addition to rough grading permits, within this subdivision to the satisfaction of the City En,' Uineer. Subsequent grading permits will be required for lots not graded per this Tentative Map. These include, but are not limited to, Lots 4, 5, 6, 7, 8, and 9. Grading permits shall be processed to the satisfaction of the City Engineer. Developer shall obtain a separate grading permit for Phase 6 grading (Lots 49-52) to the satisfaction of the City Engineer. 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. 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. No grading for 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 PC RES0 NO. 5759 15- 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 obtain a finding of substantial conformance from both the City Engineer and Planning Director. Dedicationsfimprovements 66. 67. 68. 69. 70. 71. 72. 73. Developer shall cause Owner to execute a covenant of easement for private ingress, egress and private underground utilities over the lots that share common driveways including Lots 23 and 24 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 Maps. Developer shall dedicate emergency access and fire lane easements over the common shared driveways on the final map to the satisfaction of the Fire Marshal and City Engineer. Prior to the first Final Map approval, all public infrastructure, including but not limited to public streets and underground utilities as shown on the Tentative Map, shall be designed, processed and approved to the satisfaction of the City Engineer with security posted. Developer shall construct all shared common driveways (Lots 23 and 24), including underground service laterals, concurrent with the construction of public streets within this subdivision. Developer shall cause Owner to dedicate to the City andor 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 Maps. 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. Developer shall cause Owner to make an irrevocable offer of dedication (IOD) to the City for the trail easements necessary to encompass the proposed trails as shown on the Tentative Map and Pedestrian Circulation and Trails Plan. The offer shall be made by a certificate on the final maps. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that are already public are not required to be rededicated. The City Trails Manager shall decide whether the IOD for trails will be accepted or rejected prior to approval of the final map. 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. 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, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, constructed to City Standards PC RES0 NO. 5759 16- 193- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 74. 75. 76. 77. ... and to the satisfaction of the City Engineer. The improvements are: a. Public street and public utility improvements for ‘0’ Street, ‘R’ Street, ‘S’ Street, and a portion of ‘N’ Street as shown on the Tentative Map. 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. Developer shall cause Owner to waive direct access rights on the final map for: a. b. c. d. Lots 4 and 9 abutting ‘P’ Street, excepting the access from ‘Q’ Street. Lots 11 abutting ‘P’ Street, excepting the access from ‘R’ Street. Lots 19,29,28, and 36 abutting ‘P’ Street. Lots 42 abutting ‘M’ Street, excepting the access from ‘N’ Street. Access shall be waived on the final map to the satisfaction of the City Engineer. Developer shall dedicate a public pedestrian access easement over Lots 19, 29, 28, and 36 than encompass the proposed meandering sidewalk. Said easement shall be dedicated on the final map to the satisfaction of the City Engineer. Prior to issuance of building permits, Developer shall underground all existing overhead utilities within the subdivision boundary. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. PC RES0 NO. 5759 -17- 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 c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 78. 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 (S WPPP).” The S WPPP 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. b. C. include all content as established by the California Regional Water Quality Control Board requirements; include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; 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 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. d. 79. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 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; 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; provide calculations to verify numeric sizing criteria is met; ensure long-term maintenance of all post construct BMPs in perpetuity; and 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. d. e. . f. g. /9 7 PC RES0 NO. 5759 -1 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 80. Developer shall incorporate into the gradinghmprovement 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 may consist of a San Diego Regional Standard Drawing D-41 energy dissipator, or other means deemed appropriate, to the satisfaction of the City Engineer. Final Map Notes 8 1. Note(s) to the following effect(s) shall be placed on the map as non-mapping data A. B. C. D. Water All improvements are privately owned and are to be privately maintained with the exception of the following: 1. Public street improvements within ‘Q’ Street, ‘R’ Street and ‘S’ Street and a portion of ‘N’ Street, all as shown on the Tentative Map. 2. Potable Water mains and appurtenances, all as shown on the Tentative Map. 3. Sewer mains and appurtenances, all as shown on the Tentative Map. This subdivision contains a remainder lot. No building permit shall be issued for the remainder lot until it is further subdivided pursuant to the provisions of Title 20 of the Carlsbad Municipal Code. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 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. 82. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to verify all fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the project. All fire hydrants shall be served by public water mains to the satisfaction of the District Engineer. 83, 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. /?f PC RES0 NO. 5759 -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 84. 85. 86. 87. 88. 89. 90. 91. 92. - Fire 93. 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. Concurrent with the submittal of the improvement plans, Developer shall prepare a colored recycled water use map and submit this map to the District Engineer for approval. 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 and the Planning Director. The Developer shall install potable water and 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. 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. 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. The Developer shall provide separate potable water meters for each lot. Developer shall submit design drawings prepared by a Registered Engineer for the construction of potable water mains service laterals, meters and appurtenances required to serve the project. Said plans shall be prepared to the satisfaction of the District Engineer. Developer shall provide a pressure (booster) pump station to serve the recycled water needs of those areas where the existing recycled water pressure is insufficient to serve the projected needs, unless approved otherwise by the City Engineer. A pressure pump station shall be provided to the satisfaction of the City Engineer. Future homes on lots that are impacted by the Fire Protection Zones shall be required to be constructed to 1-hour fire rated exterior walls and features, in conformance with the Building Code. Please contact the Carlsbad Fire Department for approved materials and methods. The lots are identified as: Lots 1 through 3,5 through 9, 11 through 15, 21 through 23, 32 through 35, 38 through 46, and 49 through 52. All subsequent submittals shall indicate that these lots are conditioned by adding the suffix “FR” to the lot designator and shall be noted by lot numbers on the title page of the working drawings. /99 PC RES0 NO. 5759 -20- 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 94. 95. 96. 97. 98. 99. 100. The following lots shall be required to have installed an approved automatic fire sprinkler system. This condition is set forth as the Fire Department access is in excess of the established limits of CFC Article 9. The lots to be conditioned are identified as: Lots 6 through 8,23 through 25,34,35,and 38 through 42. All subsequent submittal Title Sheets shall indicate that these lot numbers are conditioned and state “Fire Sprinkled.” Fire sprinklers for future residences are required under the following conditions: In accordance with Chapter 9 of the California Fire Code, the centermost portion of the rear first floor of any residence, measured in an approved manner from the nearest public street exceeding one-hundred and fifty (150) feet shall be protected with an approved automatic fire sprinkler system in conformance with NFPA Standard 13D. The following item shall be included in the CC&Rs: The maintenance of common areas and fuel modification areas shall be submitted to the Fire Department for review and approval. Strict adherence to the adopted City of Carlsbad Landscape Manual for the 60-foot clearance from combustible vegetation is required. There shall be no combustible or wood fencing within 100 feet of native undisturbed vegetation (F.3-6). No patio covers, decks or similar structures to homes shall occur within the first twenty (20) feet of the afore mentioned sixty (60) foot fuel modification zone unless fire rated or heavy timber materials are utilized and approval of said materials shall be obtained prior to installation from the Building Department. In accordance with the City’s adopted landscape manual, unless the 60-foot fuel modification zone begins at the property line, Section F.3-2 prohibits tree and shrubs in the first twenty (20) feet of the sixty (60) foot zone. No more than 20 units may be constructed in any phase without providing two points of access, unless otherwise approved by the Fire Chief or hidher designee. - Code Reminders 101. 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. 102. 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. 103. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. PC RES0 NO. 5759 -21- 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 28 104. 105. 106. 107. 108. 109. 110. ... ... ... ... ... ... ... ... Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Developer shall exercise special care during the construction phase of this project to prevent offsite 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. Some improvements shown on the tentative parcel map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. 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. PC RES0 NO. 5759 -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions. ” You have 90 days from date of approval to protest imposition of these feedexactions. 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 feedexactions 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 feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of October 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN -- /f?RANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5759 -23 - 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 PLANNING COMMISSION RESOLUTION NO. 5760 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT HDP COLLEGE BOULEVARD AND SOUTH OF FUTURE CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: HOLLY SPRINGS 00-12 ON PROPERTY GENERALLY LOCATED EAST OF CASE NO.: HDP 00-12 WHEREAS, David M. Bentley, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Holly Springs, Ltd. “Owner,” described as Those portions of Lots “D” and “E” of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November 16, 1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits “A” - “0” dated October 20, 2004, on file in the Carlsbad Planning Department, HOLLY SPRINGS - HDP 00-12, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 20th day of October 2004, 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of HOLLY SPRINGS - HDP 00-12 based on the following findings and subject to the following conditions: Findings: 1. 2. 9 3. 4. 5. 6. 7. 8. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the hillside conditions are properly identified and are incorporated in the design; the project is designed to relate to the slope of the land; highly visible slopes will be contour graded; the alteration of the natural hillsides will be done in an environmentally sensitive manner to preserve steep slopes and wildlife habitats; and the project will implement NPDES measures to reduce runoff and avoid erosion. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230, in that no grading will occur in areas with natural slopes over 40%. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that on-site grading is within the acceptable quantity range with 7,340 cy/acre; no slopes over 40 feet are being created as a result of the grading scheme; lots requiring a slope edge building setback from top of slope for future residential construction have been identified on the tentative map, and all manufactured slopes will be landscaped in accordance with the City’s Landscape Guidelines Manual. That the project design and lot configuration minimizes disturbance of hillside lands, in that the significant slope and sensitive habitat areas are being preserved in open space. That the site has unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading in that the site contains compressible soils which require corrective grading measures. That the proposed modification allowing two retaining walls, with heights up to 12.7 and 21.9 feet, located on the south side of “P” Street in the vicinity of Lots 17 and 26 will result in significantly more open space or undisturbed area than would a strict adherence to the requirements of the ordinance, in that the retaining walls will reduce grading impacts to the adjacent wetlands and native grassland areas. ... PC RES0 NO. 5760 -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 Conditions: Note: 1. 2. 3. 4. Unless otherwise specified herein, all conditions shall be satisfied prior to final map approval or issuance of grading permit, whichever occurs first. 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 hrther 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. 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. This approval is granted subject to the certification, adoption and approval of the Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and Reporting Program, LFMP 15(C), GPA 00-06, ZC 00-09, and CT 00-21, and is subject to all conditions contained in Planning Commission Resolutions No. 5749, 5750, 5757,5758 and 5759 for those other approvals incorporated herein by reference. Plantable retaining walls shall be constructed with a natural earth-tone material and shall be planted with non-invasive, native plant materials. 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 feedexactions. 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 feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RES0 NO. 5760 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of October 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: ,&RANK H. WHITON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: . 1.lULdL.Q- MICHAEL J. HOLYMILYER Planning Director PC RES0 NO. 5760 -4- The City of Carlsbad Planning Department EXHIBIT 8 P.C. AGENDA OF: October 20,2004 A REPORT TO THE PLANNING COMMISSION Application complete date: Project Planner: Barbara Kennedy Project Engineer: Jeremy Riddle Item No. 0 SUBJECT: 1) EIR 02-02 - CANTARIMEIOLLY SPRINGS JOINT EIR, 2) LFMP 15(C) - CANTARINUHOLLY SPRINGS; 3) GPA 01-09/ZC 00-05/CT 00- 18/SDP Ol-lO/HDP OO-O9/SUP 00-09 - CANTARINI RANCH: and 4) GPA OO-O6/ZC 00-09/CT 00-21EIDP 00-12 - HOLLY SPRINGS - Request for 1) a recommendation of certification of an Environmental Impact Report, and recommendation of adoption of the Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; 2) a recommendation of approval for the Zone 15 Local Facilities Management Plan Amendment; 3) a recommendation of approval for the General Plan Amendment, Zone Change, Tentative Tract Map, Site Development Plan and Hillside Development Permit, and approval of a Floodplain Special Use Permit for the development of the Cantarini Ranch project which includes a 105-lot single- family residential subdivision, associated open space lots, and an 80-unit mixed- rate apartment project; and 4) a recommendation of approval for the General Plan Amendment, Zone Change, Tentative Tract Map and Hillside Development Permit for the development of the Holly Springs project which includes a 43-lot single-family residential subdivision and associated open space lots. The projects are generally located north of El Camino Real and east of the new intersection of College Boulevard and Cannon Road in the L-C and R-A-10,000 zones, in the Sunny Creek Specific Plan Area (SP 191), and within Local Facilities Management Zone 15. I. RECOMMENDATION That the Planning Commission 1) ADOPT Planning Commission Resolution No. 5749 ADOPTION of the Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; 2) ADOPT Planning Commission Resolution No. 5750 RECOMMENDING APPROVAL of LFMP 15(C); 3) ADOPT Planning Commission Resolutions No. 5751, 5752, 5753, 5754, and 5755 RECOMMENDING Planning Commission Resolution No. 5756 APPROVING SUP 00-09 - CANTARZNI RANCH; and 4) ADOPT Planning Commission Resolutions No. 5757, 5758, 5759, and 5760 RECOMMENDING APPROVAL of GPA 00-06, ZC 00-09, CT 00-21, and HDP 00-12 - HOLLY SPRINGS; based on the findings and subject to the conditions contained therein. RECOMMENDING CERTIFICATION of EIR 02-02 and RECOMMENDING . APPROVAL of GPA 01-09, ZC 00-05, CT 00-18, SDP 01-10, and HDP 00-09 and ADOPT EIR 02-02 - CANTARI"0LLY SPRINGS JOINT EIR;LFMP 15(C) - CA"TAR.INI/ HOLLY SPRINGS; GPA 0 1 -09/ZC 00-05/CT 00-1 8/SDP 0 1 - 1 O/HDP 00-09/SUP 00-09 - CANTARIN1 RANCH; GPA 00-06/ZC 00-09/CT 00-21EtDP 00-12 - HOLLY SPRINGS October 20,2004 11. INTRODUCTION The applicant is requesting a recommendation for certification of the Cantarini/Holly Springs Joint Environmental Impact Report (EIR 02-02), a recommendation of approval of an Amendment to the Zone 15 Local Facilities Management Plan, General Plan Amendments, Zone Changes, and approval of the necessary entitlements to allow the subdivision and grading for the Canthi Ranch and Holly Springs development proposals, and construction of an 80-unit mixed-rate apartment project. The sites are generally located north of El Camino Real, east of College Boulevard and south of future Cannon Road in the northeast quadrant. The two projects are proposed on land currently designated by the General Plan for Residential Low-Medium (RLM) development and Open Space (OS). The proposed General Plan Amendment will adjust the RLM and OS boundaries within the project area to correspond with proposed single-family development and Habitat Management Plan (HMP) hardline conservation area, and will also add a new Residential Medium-High (RMH) designation to reflect a transfer of the allowable project density to the mixed-rate apartment project site. The proposed zone changes from Limited Control (L-C), Residential Agricultural - 10,000 square foot minimum lot size (R-A-10,000), and Open Space (OS) to One-family Residential-l/2-acre minimum lot size-Qualified Development Overlay (R-l-OS-Q), Residential Density-Multiple (RD-M), and OS will provide consistency with the proposed General Plan designations. The majority of the project area is located within the Sunny Creek Specific Plan Area which provides unique standards for the development of the single-family residential subdivisions. Individual subdivisions are proposed for each of the project areas and will result in 105 single- family lots and one multi-family lot within the Cantarini Ranch site, 43 single-family lots within the Holly Springs site, and a number of open space lots. Approximately 119.86 acres of Open Space (not including the Holly Springs remainder parcel) will be preserved in accordance with the HMP hardlines developed for these properties. The affordable housing requirements for both projects will be satisfied within the 80-unit mixed-rate apartment project included as part of the Cantarini Ranch development proposal. Detailed descriptions of the development proposals and necessary discretionary actions are provided below in the Project Description section of this report. EIR 02-02 is a joint environmental document that analyzes the environmental impacts of the 156.72-acre Cantarini Ranch and the 119.85-acre Holly Springs project areas. The projects will also be responsible for the construction of College Boulevard Reach A which will extend College Boulevard from its intersection at Cannon Road to its intersection at Sunny Creek Road. Reach A has been previously analyzed and approved under EIR 98-02 in conjunction with the Calavera Hills Master Plan Phase 11. The projects comply with CEQA and all applicable City policies and standards. All project issues have been resolved, and all necessary findings can be made for the requested approvals. EIR 02-02 - CANTARI"OLLY SPRINGS JOINT EIR;LFMP 15(C) - CANTARINV HOLLY SPRINGS; GPA 01-09/ZC 00-05/CT 00-18/SDP 01-10/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA OO-O6/ZC 00-09/CT 00-21/HDP 00-12 - HOLLY SPRINGS October 20,2004 111. PROJECT DESCRIPTION AND BACKGROUND The project proposes the development of two adjacent residential subdivisions on 276.57 acres and the construction of an 80-unit mixed-rate apartment project to satisfj the inclusionary housing requirements for the development proposals. The Cantarini Ranch and Holly Springs subdivisions are represented by their own tentative maps and are to be considered separate projects under the Subdivision Map Act. However, the two tentative maps are being considered as a single project under CEQA due to the proximity of the sites to each other, timing of development and the similarity of the environmental impacts. A joint EIR has been prepared for the two projects and includes an analysis of potential environmental impacts associated with the following issue areas: Land Use Compatibility Visual AestheticdGrading Biological Resources TransportatiordCirculation Air Quality Agricultural resources Noise HydrologyWater Quality Public Services and Utilities Geology/Soils Hazards and Hazardous Materials ArcheologicaVPaleontological Resources PopulatiodHousing The EIR concludes that the project will result in: (1) unavoidable significant cumulative air quality impacts; (2) significant biological, air quality, hydrology/water quality, geology/soils, hazards/hazardous materials, archeological and paleontological impacts that can be mitigated to a less than significant impact level; and impacts considered in the EIR but found to be less than significant. (See Section V. Environmental Review, of this report for a more detailed discussion of the EIR analysis). (3) The development proposals will require the following discretionary actions: (1) Zone 15 Local Facilities Management Amendment - LFMP 15(C) to incorporate updated land use and build-out projections, updated facilities requirements and methods of financing; (2) General Plan Amendments (GPA 01-09 and GPA 00-06) adjust the Residential Low-Medium (RLM) and Open Space (OS) boundaries to be consistent with the City's negotiated Habitat Management Plan (HMP) hardline conservation area boundaries for a wildlife habitat corridor within the project areas; adjusts the boundaries of the RLM designation to correspond with the single-family residential development; and adds a new Residential Medium-High (RMH) designation on the northwest comer of the Cantarini Ranch project to reflect a transfer of the allowable project density to the mixed-rate apartment project site. This change will reduce the acreage of RLM designated land from approximately EIR 02-02 - CANTARINVFIOLLY SPRINGS JOINT ER;LFMP 15(C) - CANTARINLI HOLLY SPRINGS; GPA 0 1 -09/ZC 00-05/CT 00- 1 8/SDP 0 1-1 O/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA 00-06/ZC 00-09/CT 00-21/HDP 00-12 - HOLLY SPRINGS October 20,2004 Page 4 260 acres to 131 acres, will add 6.21 acres of RMH designated land, and will increase the acreage designated as OS from approximately 16 acres to 139 acres; (3) Zone Changes (ZC 00-05 and ZC 00-09) rezone the property from L-C, R-A- 10,000 and OS to the R-1-0.5-Q, RD-M, and OS zoning classifications that are consistent with the proposed General Plan land use designations; Tentative Tract Map CT 00-18 subdivides Cantarini Ranch into 105 single-family lots, one multi-family lot, six HOA landscape lots, seven open space preserve lots, and two remainder parcels. CT 00-21 subdivides Holly Springs into 43 single- family lots, four HOA landscape lots, six open space preserve lots, and one remainder parcel in conformance with the Subdivision Ordinance (Title 20 of the CMC); Site Development Plan (SDP 01-10), associated with the Cantarini Ranch project, consists of an 80-unit mixed-rate apartment project to satisfy the 15% inclusionary housing requirement for both the Cantarini and Holly Springs projects (Chapter 21.85 of the CMC); Hillside Development Permits (HDP 00-09 and HDP 00-12) regulate hillside grading permitted in accordance with the Hillside Development Regulations Ordinance (Chapter 21.90 of the CMC); and Floodplain Special Use Permit (SUP 00-09) requires development within any area of special flood hazard to be in compliance with the Flood Plain Management Regulations (Chapter 21.110 of the CMC). An SUP is required for the off-site grading and drainage improvements associated with the construction of College Boulevard Reach A. The proposed Cantarini Ranch and Holly Springs subdivisions are generally located on the north side of El Camino Real (north of Agua Hedionda Creek), east of the new extension of College Boulevard, and south of future Cannon Road Reach 4. The majority of the property is located within the Sunny Creek Specific Plan Area (SP 191) which was adopted by the City of Carlsbad in 1985. The Specific Plan was created to establish development standards which promote a rural estate atmosphere and which preserve the unique environmental resources of the area. The plan calls for residential estate-type of development with minimum 1/2-acre lots. Both sites are also included as “hardline” properties in the City’s draft Habitat Management Plan (HMP). Primary local access to the sites will be via the proposed extension of College Boulevard Reach A, a Circulation Element road, from its southern terminus at Sunny Creek Road to its northern terminus at the College Boulevard and Cannon Road intersection. The environmental analysis for the construction of College Boulevard was approved as a separate project as a part of the Calavera Hills Master Plan. Environmental impacts and mitigation associated with construction of College Boulevard, including the proposed bridge over Agua Hedionda Creek and drainage improvements to Basin BJ, were analyzed and approved by the City in accordance with the certified EIR prepared for the Calavera Hills Master Plan Amendment/B&TD #4 (EIR 98-02). EIR 02-02 - CANTARI”0LLY SPRINGS JOINT EIRiLFMP 15(C) - CANTARINV HOLLY SPRINGS; GPA 01 -09/ZC 00-05/CT 00- 1 WSDP 01 -1 O/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA 00-06/ZC 00-09/CT 00-21/HDP 00-12 - HOLLY SPRINGS . October 20,2004 Page 5 The primary circulation through the subdivisions will be provided by a loop road beginning at College Boulevard as “A” Street, in the southwest portion of the Cantarini Ranch property. The loop road runs easterly towards the Mandana property and then turns north and continues east through the Holly Springs property, then back to College Boulevard as “C” Street, at the northwest portion of the project. Two points of access to the multi-family housing site are provided off of “C” Street. Future road extensions to undeveloped properties will be provided east of Cantarini Ranch through the extensions of “A” and “M” Streets and south of Cantarini Ranch through the extensions of “I” and “K” Streets. The development proposals include a 3-way boundary adjustment that will facilitate: 1) the exchange of Cantarini Ranch land west of College Boulevard for Rancho Carlsbad Partners land east of College Boulevard, and 2) Cantarini Ranch land north of “C” Street for Holly Springs land south of “C” Street and the multi-family site. The Cantarini Ranch and Holly Springs sites are located within the preserve planning area of the City’s draft Habitat Management Plan (HMP) and include a portion of Core 3 which connects to Link C. These areas form part of a wildlife corridor which connects with the Kat0 and Mandana properties to the east. This contiguous open space element is part of a habitat corridor proposed under the HMP for Zone 15. The areas proposed for development were established by the proposed HMP hardline conservation area boundaries. Modifications to these boundaries are proposed and have been evaluated as part of the environmental review process. Both projects have large open space components consisting of hardline habitat preserve areas and landscaped fire protection zones adjacent to these preserve areas. A number of trails are proposed throughout the project for use by pedestrians, mountain bikers, and equestrians. A small man-made pond located near the center of the Cantarini Ranch project will be removed, and the area returned to its natural hydrologic condition, pursuant to comments received by CDFG, UASCE, and RWQCB. Cantarini Ranch The 156.72-acre project site includes the majority of the 141-acre Cantarini Ranch farm, a portion of the Holly Springs property to the northwest, and an exchange of land with Rancho Carlsbad Partners (to the west) so that the limits of the Cantarini development will occur only on the east side of College Boulevard. The properties to the north, east, and west are vacant or used for agricultural purposes. Ranch homes and horse stables are located south of the site. Rancho Carlsbad Estates Mobile Home Park is located further to the west, and a residential neighborhood located in Oceanside (Ocean Hills) is adjacent to the northeast comer of the site. The site topography consists of steeply sloping hillsides and valley terrain in the northeast and northwest comers of the site to gently sloping, low, broad hills and shallow valleys in the central and southern portions of the site. Elevations range from a high of approximately 420 feet mean sea level (msl) in the northeast comer to a low of 70 feet msl along the extreme southwest site boundary. There is a network of small drainages and canyon areas with a number of seepagekpring areas located in the eastern portion of the site. These tend to rn in a north-south or northeast-southwest direction and feed into an on-site pond near the south central portion of EIR 02-02 - CANTARJNVHOLLY SPRINGS JOINT EIR;LFMP 15(C) - CANT- HOLLY SPRINGS; GPA 01-09/ZC 00-05/CT 00-18/SDP 01-10/HDP 00-09/SUP 00-09 - - CANTARINI RANCH; GPA 00-06/ZC 00-09/CT 00-2 1/HDP 00- 12 - HOLLY SPRINGS October 20,2004 the site. ,From the pond, the water drains into the Agua Hedionda Creek. Approximately 69 acres of the site are used for agricultural purposes. A single-family home and several buildings associated with farming currently exist on the site. The remainder of the site contains either non- native grasslands (proposed for development) or native vegetation on slopes which are generally too steep for agricultural use. The Cantarini Ranch development proposal includes 105 single-family lots with a 1/2- acre minimum lot size and an 80-unit mixed-rate apartment project which will be used to meet the affordable housing requirements for both the Cantarini Ranch and Holly Springs projects. The 6.21-acre apartment site is located outside the boundaries of SP 191. Approximately 59 acres within the subdivision will be designated as open space, not including additional landscape and fire protection zones adjacent to the open space preserve areas. The project includes a loop road which will traverse through the Holly Springs property north of the site in order to access the development areas on the east side of the site. Holly Springs The 119.85-acre Holly Springs site is located north of the Cantarini Ranch subdivision. The property north of the Holly Springs site was recently purchased by the State of California for habitat preserve purposes. This land, which is approximately 99 acres, consists primarily of undisturbed coastal sage scrub habitat. To the west lies the Rancho Carlsbad Mobile Home Park RV storage/garden area and the proposed multi-family site for the 80-unit mixed-rate apartment project. The Ocean Hills residential project in Oceanside is located east of the Holly Springs property. The Holly Springs site is generally covered with undisturbed, natural vegetation and granite boulders are present throughout the slopes of the hills. A portion of the southwest area of the property is currently used for agricultural purposes. Elevations of the site range from approximately 70 to 435 feet msl. Several hills are present on site; three peaks clustered on the west side of the site and one larger peak on the east side. There are a number of small drainages throughout the site including three natural springs, areas of ponded water, and an earthern dam. The north half of the Holly Springs subdivision is located outside the boundaries of SP 191. However, for planning purposes, the entire subdivision has been evaluated for compliance with SP 191. The development proposal includes 43 single-family custom home lots with a 1/2-acre minimum lot size. Approximately 61 acres within the subdivision will be designated as open space, not including additional landscape and fire protection zones adjacent to the open space preserve areas. Additionally, the 19.3-acre remainder parcel will be designated as open space. SO-Unit Mixed-Rate Apartment Proiect The 6.21-acre site for the mixed-rate apartment project is located on the northeast side of the intersection of future College Boulevard and hture “C” Street. Access to the site is proposed via two entrance points on “C” Street. The internal vehcular circulation system encircles the buildings and provides convenient access to the apartment units and to the surface parking spaces EIR 02-02 - CANTARI"0LLY SPRINGS JOINT EIRiLFMP 15(C) - CANTARINI/ HOLLY SPRINGS; GPA 0 1 -09/ZC 00-05/CT 00- 18/SDP 01 - 1 O/HDP 00-09/SUP 00-09 - CANTARINI RANCH; GPA 00-06/ZC 00-09/CT 00-21/HDP 00-12 - HOLLY SPRINGS October 20,2004 for residents and guests. The project contains four three-story buildings, each containing 20 dwelling units, and a one-story community recreation center. The rectangular-shaped buildings are primarily three-story, with two-story elements at the ends which help to break up the building mass. The buildings exhibit a contemporary craftsman architectural style with stucco exteriors and hipped roofs covered with architectural-grade asphalt shingles. All sides of the building are designed with an equal amount of detailing including arched elements, wood knee braces, painted wood balcony railings, and window trim. Each unit contains a deck area ranging from 71-8 1 square feet. The 1,998 square foot community center, which serves as a focal point at the primary project entrance, contains a large community room with a kitchen, exercise room, offices, workout room, restrooms and laundry facilities. In addition to the community center, recreation amenities include a pool, wading pool, a large turf area, tot lot, and overlook seating area adjacent to the open space preserve. Walkways throughout the landscaped open space provide pedestrian connections between buildings and recreation areas and to the trail system in the adjacent open space areas. Surface parking spaces are provided in close proximity to all of the units. Abundant landscaping and enhanced paving accents the development at the main entrance and is carried on throughout the site. Dense landscaping will be provided around the perimeter of the site to screen parked vehicles from the surrounding public views. Of the 80 units proposed, 40 will be affordable to households with incomes not exceeding 70% of the area median income (AMI) for San Diego County. The project contains 16 one-bedroom units (608 square feet), 48 two-bedroom units (878 square feet), and 16 three-bedroom units (1,027 square feet). Ten percent (10%) or four of the affordable units are required to be three- bedroom units, with the remaining 36 affordable units being a mix of one- and two-bedroom units. An affordable housing agreement must be finalized and approved prior to final map approval for the Cantarini Ranch or Holly Springs subdivisions. The development proposals require the following legislative actions: A. B. General Plan Land Use Map Amendment from RLM and OS to RLM, RMH and OS;.and Zone Change from L-Cy R-A-10,000, and OS to R-1-0.5-Q, RD-My and OS. The projects are subject to the following plans, ordinances, standards and policies: C. D. General Plan Consistency (RLM, RMH and OS designations); Carlsbad Municipal Code Title 2 1 (Zoning Ordinance) including: 1. 2. 3. One-Family Residential Zone with Qualified Development Overlay - R-l- 0.5-Q (Chapters 21.10 and 21.06); Residential Density-Multiple Zone - RD-M (Chapter 21.24); and Open Space Zone - OS (Chapter 21.33). EIR 02-02 - CANTARI”0LLY SPRINGS JOINT EIRiLFMP 15(C) - CANTARINV HOLLY SPRINGS; GPA 01 -09/ZC 00-05/CT 00- 1 8/SDP 01 - 1 O/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA OO-O6/ZC 00-09/CT 00-21/HDP 00-12 - HOLLY SPRINGS . October 20,2004 E: F. G. H. I. Draft Habitat Management Plan; J. K. Sunny Creek Specific Plan (SP 191); Carlsbad Municipal Code, Title 20 (Subdivision Ordinance); Hillside Development Regulations (Chapter 2 1.95); Floodplain Management Regulations (Chapter 21.1 10); Inclusionary Housing (Chapters 21.85 and 21.53); and Growth Management Ordinance/Zone 15 Local Facilities Management Plan Amendment. IV. ANALYSIS The recommendation of approval for these projects was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. A. General Plan Amendment The project area is currently designated by the General Plan for Low-Medium Density (RLM) residential development and Open Space (OS) land uses. A portion of the project site is proposed as a hardline conservation area (Core Area 3 and Link “C”) in the City’s Draft Habitat Management Plan (HMP). This hardline area is proposed to be entirely designated as OS; however, the existing boundaries of RLM and OS designations do not coincide with the boundaries of the negotiated hardline conservation area (see the attached “General Plan Revision Map”). The proposed General Plan Amendment (GPA) is, therefore, necessary to adjust the boundaries of RLM and OS. Policy C.20 of the Open Space Planning and Protection Section of the General Plan Open Space and Conservation Element requires findings to adjust the boundaries of any open space shown on the “Official Open Space and Conservation Map” dated September, 1994. The necessary findings are: The proposed open space is equal to or greater than the area depicted on the Official Open Space Map. The proposed adjustment in open space boundaries will increase the acreage designated as OS in Cantarini Ranch from approximately 5.5 acres to 59.14 acres. Within the Holly Springs subdivision, 60.72 acres will be assigned a new OS designation. The 19.3-acre remainder parcel “D” currently contains approximately 10.6 acres of OS designated lands and the entire parcel will be re-designated to OS, for a net gain of 8.7 acres. The proposed open space area is of environmental quality equal to or greater than that depicted on the Official Open Space Map. The open space adjustment will eliminate the RLM land use designations on the open space preserve areas and will preserve additional acres of open space within a critical wildlife habitat corridor; and The proposed adjustment to open space is within close proximity to the open space presently shown on the Official Open Space Map. The proposed EIR 02-02 - CANTARI”0LLY SPRTNGS JOINT EIR;LFMP 15(C) - CANTARINV HOLLY SPRINGS; GPA 01 -09/ZC 00-05/CT 00-1 8/SDP 01 - 1 O/HDP OO-O9/SUP 00-09 - CANTAFUN’I RANCH; GPA 00-06/ZC 00-09/CT 00-2 l/HDP 00-1 2 - HOLLY SPRINGS October 20,2004 In addition to amendment will change and increase the acreage of open space within the project boundaries by 114.36 acres and will increase the open space in the remainder parcel by approximately 8.7 acres. The additional open space is contiguous with existing open space. adjusting the open space boundaries, the proposed GPA is required to reflect the clustering of a portion of the allowed project density to the mixed-rate apartment site. Based on a constraints analysis prepared for the Cantarini Ranch and Holly Springs projects, a total of 602 units would be allowed. The density calculations were based on the current General Plan land use designations, the Growth Management Control Point (GMCP) assigned to the designation, a reduced GMCP assigned to properties within SP 191 of 2.88 du/ac (pursuant to LFMP 15), and an analysis of the net developable acreage. However, the development potential of the site is constrained by the negotiated HMP hardline as well as the SP 191 requirement for minimum 1/2- acre lots. As proposed, the two projects will result in a total of 228 units (148 single-family and 80 multi-family units), which is well below the number of units allowed for the site. The Mitigated Negative Declaration prepared for the draft HMP recognized that a reduced residential density could potentially result in a significant impact to direct and cumulative impacts to residential zoning and land use. Therefore, a mitigation measure was included to support density transfers and clustering so that sensitive habitats could be preserved, while still allowing an appropriate level of residential development to occur. The proposed GPA would adjust the current RLM (0-4 du/ac) land use designation to reflect a new designation of Medium-High Density (RMH) residential for the multi-family site. Ths land use designation allows a density of 8-15 dwelling units per acre (ddac) and corresponds with the proposed intensity of development of 12.88 ddac for the 80-unit project. The apartment project, which will contain a mix of affordable and market-rate units, will be used to satisfy the inclusionary housing requirements for both the Cantarini Ranch and Holly Springs projects. Staff supports clustering the density at this site since the location is adjacent to College Boulevard, it is in close proximity to a future bus stop, and is within a mile of the future Sunny Creek commercial center and the City’s industrial employment area. The site is also outside of the boundaries of SP 191, therefore the increased density and land use does not conflict with any of the Specific Plan requirements. 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. These projects result in 374 excess dwelling units. EIR 02-02 - CANTARINIEIOLLY SPRINGS JOINT EIR;LFI” 15(C) - CANTARINI/ HOLLY SPRINGS; GPA 01 -09/ZC 00-05/CT 00- 18/SDP 0 1 - 1 O/HDP OO-O9/SuP 00-09 - CANTARINI RANCH; GPA OO-O6/ZC 00-09/CT 00-21/HDP 00-12 - HOLLY SPRINGS October 20,2004 B. Zone Change (R-l-OS-Q,.RD-M, and OS) The project includes the following zone change requests: 1) to rezone the Cantarini Ranch project area from L-C and R-A-10,000 to R-1-0.5-Q, RD-M, and OS; and, 2) to rezone the Holly Springs project area from L-C to R-1-0.5-Q and OS. The intent and purpose of the L-C zoning is to provide an interim zone for areas where planning for future land uses has not been completed. After plan approval is completed, the property may be rezoned in accordance with Title 2 1 of the CMC. One-family Residential- 1 /2- acre minimum lot size - Oualified Development Overlay Zone (R- 1-0.5-0) The proposed single-family residential zone designation of R-1-0.5-Q is the implementing zone for the RLM General Plan land use designation and further identifies the property as requiring a minimum lot area of 1/2- acre in accordance with SP 191. The Qualified Development Overlay Zone (“Q, Overlay) is intended to be applied to properties with unique circumstances such as those proposed to be developed as hllside development or other physically sensitive areas. The “Q, Overlay supplements the underlying zoning by providing additional regulations for development and will insure that the future residences are compatible with SP 191. The “Q, overlay will require submittal of a Site Development Permit (SDP) for the production homes to review the architectural design and plotting plans. However, single-family homes on custom lots would not require any additional review. It is also important to note that the R-1 zone regulations allow a three-story, 35 foot maximum building height for lots designated as having a minimum lot size of 20,000 square feet or greater. This provision of the code is consistent with SP 191 which also allows a building height of 35 feet. This will allow for more creativity in housing design on these large custom lots, such as allowing for a stepped foundation that may be more sensitively designed with the topography of a hillside lot. Residential Density-Multiple Zone (RD-MI The proposed multi-family residential zone designation of RD-M will provide a means for development utilizing the densities in the medium density (RM) through the high density (RH) land use designations of the General Plan. Therefore, the RD-M zone will implement the RMH General Plan land use designation. The multi-family site is located outside of the boundaries of SP 191, and therefore is not subject to the 1/2-acre minimum lot size requirements. . Open Space Zone COS) The proposed wildlife habitat corridor consisting of seven open space lots within Cantarini Ranch and six open space lots within the Holly Springs subdivision will be dedicated as permanent open space in accordance with the City’s Habitat Management Plan and will be rezoned as OS. Additionally, the 19.3-acre remainder parcel in Holly Springs will also be designated as OS. The development proposals require compliance with the provisions of the OS zone and with the City’s draft HMP which requires a conservation easement to be dedicated that will preclude any use of the open space beyond the existing and proposed utility easements, existing trails, and permanent drainage basins. EIR 02-02 - CANTARINVHOLLY SPRINGS JOINT EIR;LFMP 15(C) - CANTARINY HOLLY SPRINGS; GPA 01-09/ZC 00-05/CT 00-1 8/SDP 01-10/HDP 00-09/SUP 00-09 - CANTARINI RANCH; GPA 00-06/ZC 00-09/CT 00-2 1/HDP 00- 12 - HOLLY SPRINGS . October 20,2004 The proposed rezone of 131.2 acres to the R-1-0.5-Q zone, 6.21 acres to the RD-M zone, and 139.16 acres to the OS zone will ensure consistency between the General Plan and Zoning since the proposed zone boundaries are consistent with the proposed adjustment to the RLM, RMH and OS General Plan designation boundaries. C. General Plan Consistency The proposed project is consistent with the applicable policies contained within each relevant element of the General Plan. The following table indicates compliance with the General Plan: TABLE 1: GET GP ELEMENT/GOAL/ OBJECTIVE/POLICY LAND USE Overall Land Use C.4 - Encourage clustering when it is done in a way that is compatible with existing adjacent development. C.7.5 - Extend existing bicycle, pedestrian and equestrian trails and greenbelts provided for in various elements of the General Plan. Residential Goal NObjectives B.UB.3 - Provide for a variety of housing types and density ranges and neighborhoods with a sense of community. Provide safe attractive residential housing with a variety of housing types, styles, and price levels. Objective B.5 - Focus new development on residents rather than the automobile. Policy C. 1 - Encourage low and moderate income dwelling units to meet the objectives of the City’s Housing Element. ERAL PLAN CONSISTENCY COMPLIANCE A portion of the allowable project density is clustered within the northwest corner of the Cantarini Ranch site for purposes of providing affordable housing in an area that is compatible with the surrounding existing and hture development. The project provides a network of multi-use trails along the streets and open space areas and provides a link to the Citywide trail system. The project provides for a variety of housing types and density ranges to meet the diverse economic and social requirements of residents, yet still ensures a cohesive urban form with carehl regard for compatibility while retaining the present predominance of single-family neighborhoods. The development proposal is designed with the focus on residents instead of the automobile by designing pedestrian friendIy tree-lined streets, including a network of open space multi-use trails that are integrated into the overall project design. Low and/or moderate income housing will be included in the multi-family site to meet the objectives of the City’s Housing Element. EIR 02-02 - CANTARI”0LLY SPRINGS JOINT EIRiLF’MP 15(C) - CANTAFSNY HOLLY SPRTNGS; GPA 01-09/ZC 00-05/CT 00- 18/SDP 0 1 - 1 O/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA 00-06/ZC 00-09/CT 00-2 l/HDP 00- 12 - HOLLY SPRINGS . October 20,2004 Policy C.7 - Require comprehensive environmental review in accordance with CEQA guidelines. CIRCULATION Policy C.3 - Consider density transfers in instances where a property owner is preserving open space in excess of normal City requirements. Policy C.4 - Limit medium and higher density residential development to those areas where they are compatible with the adjacent land uses. I Policy C.11 - Pedestrian and bicycle linkages should connect with major transportation corridors and the Carlsbad Trail System. Policy C.16 - Require new subdivisions to create a unique sense of identity and community. Environment a1 Goal A - Protect and conserve natural Objective B.l/Policies C.16K.18 - Provide circulation infrastructure concurrent with or prior to the demand for such facilities. A portion of the allowable project density will be clustered in the multi-family site since the proposal will be preserving open space in excess of normal City requirements. The multi-family residential development is located in an area where it is compatible with the adjacent land uses, and where adequate and convenient commercial services and public support systems are or will be adequate to serve hture residents. The new residential development will provide pedestrian and bicycle linkages which connect with major transportation corridors and the proposed Carlsbad Trail system. The subdivisions will create a unique sense of identity and community, consistent with the Sunny Creek Specific Plan, through quality architecture, street design, trail system, open space areas and landscaping. The project protects and conserves natural resources and fragile ecological areas by providing 139 acres of open space identified within Core Area 3 and Link “C” of the HMP. The project’s impacts to natural resources have been analyzed in accordance with the California Environmental Quality Act through the preparation of an EIR. The project will provide two points of access to the undeveloped properties to the east and two points of access to properties south of Cantarini Ranch in order to adequately serve fbture development. The circulation system has been designed in conformance with Engineering and Fire Department standards to ensure safety and livability of the residential neighborhoods while maintaining adequate access for emergency service providers and prompt evacuation capabilities for residents. The project will dedicate and improve all circulation facilities required by the project, including circulation arterial roadways, concurrent with demand. EIR 02-02 - CANTAR.INI/HOLLY SPRINGS JOINT EIRiLFMP 15(C) - CANTARINU HOLLY SPRINGS; GPA 01-09/ZC 00-05/CT 00-18/SDP Ol-lO/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA OO-O6/ZC 00-09/CT 00-21/HDP 00-12 - HOLLY SPRINGS October 20,2004 NOISE Land Use Goal A. l/Policy C.5 - Ensure that land uses are not significantly impacted by noise and enforce the City’s policies regarding acceptable noise levels for residential development. OPEN SPACE AND CONSERVATION Open Space Planning and Protection Policy C.4 - identify open space for protection, management, and potential enhancement to maintain and increase its value as wildlife habitat. Special Resource Protection Objective B.10 - Develop a plan for maintenance of sensitive environ- mental resources. Policy C.6 - Designate buffers next to sensitive environmental areas. Trail System Policy C.3 - Obtain an irrevocable offer of dedication (I.O.D.) for trails proposed as part of the Carlsbad trail System. Fire Risk Management Goal A.l/Objective B.2 - Provide environmentally sensitive mitigation to minimize risks presented by native wildland open space. Water Ouali t y Objective B.2Policy C.3 - Design storm water conveyance systems which do not adversely impact sensitive environmental resources. Policy C. 1 1 - Conserve or restore creeks to their natural state. The project will be required to install noise walls on a number of lots which back onto College Boulevard to ensure that the City’s maximum exterior noise level of 60 dl3A CNEL is not exceeded. The project will result in the preservation of 139 acres of open space that will establish and maintain a regionally significant multi-species wildlife corridor consistent with the City’s HMP, provide a citywide trail segment, and rezone the open space to the Open Space zone. The project has been conditioned to require the proposed wildlife habitat preserve to be managed and financed in perpetuity consistent with an approved management program. The project provides a minimum 60-foot wide buffer to protect the adjacent open space from the developable portions of the residential lots. Functional wetland buffers are provided adjacent to wetland habitat areas. The project requires an I.O.D. for Trail Segment #25 of the Citywide Trail System and a permanent easement for public use of all community trails. The fire risk presented by adjacent natural open space is mitigated by requiring 60-foot fire suppression buffers within the boundaries of the development area which do not encroach into the “hardline” open space preserve areas. The project incorporates storm water quality control measures (BMPs) consistent with a conceptual Storm Water Pollution Prevention Plan prepared for the project to avoid adversely impacting sensitive water resources. As a result of input from various Federal and State Agencies, the project will restore the existing pond on Cantarini Ranch to its natural state. ER 02-02 - CANTARINUHOLLY SPRINGS JOINT EIR;LFMP 15(C) - CANTARINY HOLLY SPRINGS; GPA 0 1 -09/ZC 00-05/CT 00-1 8/SDP 0 1 - 1 O/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA 00-06/ZC 00-09/CT 00-21/HDP 00-12 - HOLLY SPRINGS October 20,2004 Policy C.22 - Protect slopes and channels f?om erosion and storm water runoff. Cluster development on the least environmentally sensitive portions of the site. PARKS & RECREATION Park Development Objective B.4Folicy C.2 - Finance future public park and recreation facilities through payment of a park- in-lieu fee. PUBLIC SAFETY Flood Hazards Policies C.3K.5 - Require all drainage facilities to comply with the City’s “Standard Design Criteria” and ensure compliance with Titles 18 and 20 pertaining to drainage and flood control structures. Fire and Emergency Medical Services Policy C.2 - Review development proposals with regard to emergency access, fire hydrant locations, fire flow requirements, and wildland fire hazards. ~~ ~ D. Zoning Ordinance The project has been designed to comply with applicable site design principals including clustering development on the least environmentally sensitive portions of the site; by creating and restoring riparian corridors, wetlands and buffer zones; and by limiting the disturbance of natural drainage systems to the greatest extent possible. The project will be required to pay the park-in-lieu fee. The project is required to install properly sized drainage facilities to handle the 100-year flood conditions and to ensure compliance with Titles 18 and 20 pertaining to drainage and flood control structures. The project has been reviewed with respect to emergency access requirements, fire hydrant locations, fire flow requirements and wildland fire hazards. Residential units will be required to install fire sprinklers as required by the Fire Marshal and fire protection buffers will be required between develonment and wildland areas. The project is consistent with and satisfies all requirements of Title 21 Zoning Ordinance with respect to minimum lot size requirements and development standards. The proposed R-1-0.5-Q zone requires a minimum one-half acre (21,780 square foot) lot size. Each of the proposed single-family lots exceeds the minimum requirement. Additional standards are required for panhandle lots and the lot size requirements and subdivision requirements are analyzed in more detail in section “F. Subdivision Ordinance” of this report. The RD-M zone requires a minimum lot size of 10,000 square feet for medium through high density land use designations and the proposed multi-family lot contains 6.21 acres. The compliance of the proposed 80-unit apartment project with the RD-M development standards are analyzed in more detail in section “J. Inclusionary Housing.” The OS zone has no minimum lot size requirement. The trail uses proposed within the open space lots are permitted uses in the OS zone. EIR 02-02 - CANTARINVHOLLY SPRINGS JOINT EIR;LFMP 15(C) - CANTAR.INI/ HOLLY SPRINGS; GPA 01 -09/ZC 00-05/CT 00- 1 8/SDP 0 1 - 1 O/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA OO-O6/ZC 00-09/CT 00-21/HDP 00-12 - HOLLY SPRINGS October 20,2004 Page - 15 E. Sunny Creek Specific Plan - SP 191 The Sunny Creek Specific Plan (SP 191) was approved in 1985 to establish standards for development which promote a rural estate atmosphere. The specific plan area encompasses approximately 570 acres. The northern boundary of this area is the ridgeline south of the future alignment of Cannon Road (Reach 4) and the Ocean Hills development in Oceanside. The western boundary is the new alignment of College Boulevard and the eastern boundary is the DawsodLos Monos Preserve. The southern boundary includes the Sunny Creek drainage basin. The multi-family site is located outside of the SP 191 boundaries, as are a number of the Holly Springs lots located north of the lots fi-onting on “P” Street. However, for planning purposes, all of the Holly Springs lots have been evaluated for conformance with SP 191. The plan was developed primarily to ensure protection of the environmental features of the area and to maintain the rural/estate character of the Sunny Creek area. To achieve these goals, the plan includes project density standards, development regulations, and design standards. The Specific Plan allows for a transition of density from lowest to highest density in an east to west and south to north direction with 1/2- acre minimum lot sizes in the highest density areas and lots one acre or greater in the lowest density areas. The proposed subdivisions are located in the areas of highest density which allow a minimum lot size of 1/2- acre and a density of 0-2 dwelling units per acre. In addition to the large lot sizes, the development regulations of SP 191 establish increased setback requirements for “through streets” which are defined as “those streets that provide primary access from College Boulevard and Cannon Road.” Streets “A,” “C,” “P” and “M” are considered to be “through streets” in that they provide direct access from College Boulevard to the undeveloped parcels east of Cantarini Ranch. Homes adjacent to the “through streets” are required to have a 70-foot front setback or a 50-foot street-side setback. Setbacks for homes on local, cul-de-sac, and loop streets are 35-foot fiont setback, 25-foot street-side setback, 20-foot interior setback, and 30-foot rear setback. Future homes would also be permitted to reach a maximum building height of 35 feet. The plotting and architectural design of the production homes is not part of the current proposal, but will be reviewed subsequently through the SDP process, due to the inclusion of the “Q” overlay on the zone designation. Single-family homes on custom lots would not require any additional review other than a building permit. The Specific Plan states that in addition to the findings required by Title 20 of the Subdivision Map Act, the City Council must also find that the subdivision is consistent with the Sunny Creek Development Standards. These standards include: 1) preserving the rural and natural characteristics of the area; 2) designing property lines in keeping with the terrain by following natural drainage courses, ridge lines and tops of graded slopes, wherever practicable; and 3) creating buildable lots with usable access without undue alteration of the terrain. The projects have been designed to maintain the rural and natural character in a number of ways. Foremost, the projects have been designed to preserve the critical habitat areas and linkages in accordance with the draft HMP hardlines, as discussed previously. In order to maintain a natural character, the subdivisions have been designed using single-loaded streets adjacent to the preserve areas in order to maintain and preserve public views into the open space areas. Where EIR 02-02 - CANTARINVHOLLY SPRINGS JOINT EIR;LFMP 15(C) - CANTARINY HOLLY SPRINGS; GPA 01 -09/ZC 00-05/CT 00- 1 8/SDP 01 -1 O/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA OO-O6/ZC 00-09/CT 00-21/HDP 00-12 - HOLLY SPRINGS October 20,2004 feasible, multi-use DG trails have. been located within the public right-of-way adjacent to these open space areas. Sidewalks adjacent to the “through streets” which abut the rear or side yards of residential lots have been designed to meander within a widened landscape buffer of at least 30 feet from the curb to back of fence. Sidewalks throughout the interior streets exhibit a parkway design with a non-contiguous sidewalk and street trees located in a 5-foot minimum width landscape area. The landscape design exhibits a rural flavor with randomly spaced trees, informal groupings of shrubs and groundcovers, and the use of mounds and boulders where practical. Stacked stone walls and stone veneer column/wall elements will tie in with the existing rock outcroppings on-site. Rustic wood, wrought iron fence, or stucco walls will be used as appropriate for privacy, to capture views, or as sound barriers. Due to the topography of the site and the desire for a rural character, curving streets and cul-de- sacs are used rather than imposing an artificial grid pattern. Per the Specific Plan, parking will be limited to one side of the street where possible. Pedestrian paths have been provided at the ends of the cul-de-sacs (where not topographically constrained) to tie neighborhood streets together. Shared driveways have been utilized in the design of a number of lots to reduce grading quantities and to limit the number of driveway cuts along the roadways, again resulting in a more rural appearance. Similarly, panhandle lots are used in several instances to reduce grading quantities and to maintain the natural topography and ridgelines of the property in accordance with the development and design guidelines of SP 19 1. Each lot has been designed with adequate access and a usable pad area without undue alteration of the natural terrain. Design standards related to grading, building orientation, and streetscape also apply to the subdivision proposal. Grading has been designed to blend in with the natural topography where possible. The greatest extent of grading occurs on Cantarini Ranch near College Boulevard where the majority of the lots are located. The grading design was directly influenced by the previously approved road alignment for College Boulevard and the steep slopes occurring along the roadway are a result of this. However, the slopes provide an expansive landscape separation between the street and the lots, and the slope will be contour graded and planted with a rural “Tuscan Theme” landscape design. Areas proposed for grading and development of the subdivisions are limited primarily to the existing agricultural and disturbed areas of the sites. The project grading is reviewed in more detail under the Hillside Development Permit section of this report. Building orientation will also be reviewed in conjunction with the future SDP for architecture and plotting of the homes. Unique features of the site, such as rock outcroppings, trees, and mounds, will be preserved where possible by orienting the homes in a sensitive manner. Streetscape elements such as streetlights, entry monuments, and fencing have all been designed with a rustic character. In addition, the bridge over Agua Hedionda Creek (a.k.a. Sunny Creek) will incorporate a rustic stone veneer and metal railing design which will tie into the rural character design theme of the Sunny Creek Specific Plan area. F. Subdivision Or din ance The Engineering Department has reviewed the development proposals and has concluded that both subdivisions comply with all applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance. All major subdivision design criteria have been complied with including the minimum lot depth of 90 feet, provision of public access, required street frontage, EIR 02-02 - CANTARI”0LLY SPRINGS JOINT EIR;LFMP 15(C) - CANTARINI/ HOLLY SPRINGS; GPA Ol-O9/ZC 00-05/CT 00-1 8/SDP Ol-lO/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA 00-06/ZC 00-09/CT 00-2 l/HDP 00- 12 - HOLLY SPRINGS October 20,2004 REQUIRED 2 1,780 square foot 21,780 square foot net area and minimum lot area. The Cantarini Ranch and Holly Springs developments are dependent upon one another for their circulation systems. The Cantarini Ranch developer will construct the off-site road improvements for “P” and “M” streets. This will result in a loop road that will provide two points of access for emergency purposes for the Holly Springs subdivision and for the Cantarini Ranch Phase IV lots. Additionally, four future roadway connections are provided for the undeveloped lands to the east and south of Cantarini Ranch at “A,” “I,” “K,” and “M” Streets. The Cantarini Ranch development will be required to construct, or bond for future construction, that portion of “M’ Street that extends from the “J” Street intersection to the eastern property line. PROPOSED Cantarini: 21,780 square foot min. 43,045 square foot max. Holly Springs: 2 1,8 19 square foot min. 46,557 square foot max. Cantarini: min. 21,813 square foot net Holly Springs: min. 23,121 sf. foot net The project is consistent with and satisfies all requirements of the General Plan, Title 21, and SP 191 and is compatible with the surrounding existing and fbture land uses. The proposed R-1-0.5- Q zone requires a minimum one-half acre (21,780 square foot) lot size. Each of the proposed single-family lots exceeds the minimum requirement. The RD-M zone requires a minimum lot size of 10,000 square feet for medium through high density land use designations and the proposed multi-family lot contains 6.21 acres. The OS zone has no minimum lot size requirement. A number of panhandle lots are proposed within each of the subdivisions to reduce grading quantities, reduce impacts to sensitive vegetation communities, and to maintain the natural topography and ridgelines of the property, in accordance with the Specific Plan. The provision of panhandle lots does not preclude or adversely affect the ability to provide full public street access to other properties within the subdivision and the lot sizes are such that no future subdivisions will occur on the lots. The buildable portions of the panhandle lots, excluding the panhandle, all consist of over 21,780 square feet (1/2- acre) and the front, side, and rear property lines of the lot, for purposes of determining required yards, are shown on the Tentative Map exhibits. The proposed subdivisions meet or exceed all applicable requirements of the R-1-0.5-Q zone designation as demonstrated in Table 2 below. Table STANDARD Minimum Lot Size - Std. Lot Minimum Lot Size - Panhandle Lot EIR 02-02 - CANTARTNUHOLLY SPRINGS JOINT EIR;LFMP 15(C) - CANTARTNI/ HOLLY SPFUNGS; GPA 01 -09/ZC 00-05/CT 00-1 8/SDP 01-10/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA OO-O6/ZC 00-09/CT 00-21/HDP OOy12 - HOLLY SPRINGS October 20,2004 STANDARD REQUIRED Minimum Lot Width - Std. Lot setback) 100 feet (measured at front 33 feet for cul-de-sac lots (measured at r.0.w.) 20 feet for a single lot 30 feet for two lots 150 feet for a single lot 200 feet for two lots Minimum Panhandle Width Maximum Panhandle Length PROPOSED 100 feet or greater (measured at front setback) Cantarini: 34 feet or greater Holly Springs: 33 feet or greater 20 feet or greater 30 feet Cantarini: 107 feet or less for a single lot 127 feet or less for two lots Holly Springs: 150 feet or less for a single lot 170 feet or less €or two lots The developer will be required to offer various dedications (e.g., drainage and sewer easements, street right-of-way, trails) and will be required to install street and utility improvements, including but not limited to, curbs, gutters, sidewalks, sewer facilities, drainage facilities, fire hydrants, and street lights. The Cantarini Ranch project will require 784,400 cubic yards of cut and 730,400 cubic yards of fill. Grading operations also include grading for the College Boulevard street improvements and Basin BJ as well as remedial grading, which will result in a balanced grading operation for Cantarini Ranch. Grading for the Holly Springs project will require 165,000 cubic yards of cut and fill for the first five phases. The final phase (Phase VI) requires 3,700 cubic yards of cut, 3,900 cubic yards of fill and 200 cubic yards of import. Remedial grading is also required for Holly Springs. Phased mapping is proposed for each of the subdivisions, with four phases for Cantarini Ranch and six phases for Holly Springs. The Fire Department has conditioned the projects so that no more than 20 units may be constructed in any phase without providing two points of access. Both .projects have been conditioned to record all mapping phases concurrently, with the exception of Holly Springs Phase VI. A final map for the last four residential lots (Lots 49-52) in Phase VI will not be recorded until the agricultural land contained in Lot 53 has been converted to habitat area according to the revegetation plan. Concurrent recordation of the Cantarini Ranch Map Phases I-IV and Holly Springs Map Phases I-V will allow for all of the open space preserve areas to be mapped in the initial stages and will give the City the ability to record the open space easements, to accept the endowments for perpetual management, to review the open space management and maintenance plans, and to begin selection of a conservation entity to manage the open space lands. The phased mapping plan benefits the developer in that bonds can be released as each map phase is completed, rather than being held until completion of the entire project. EIR 02-02 - CANTARINUHOLLY SPRINGS JOINT EIR;LFMP 15(C) - CANTARDW HOLLY SPRINGS; GPA 01-09/ZC 00-05/CT 00-1 8/SDP 01- 1 O/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA OO-O6/ZC 00-09/CT 00-2 1/HDP 00- 12 - HOLLY SPRINGS October 20,2004 Page 19 All required infrastructure improvements including the construction of College Boulevard Reach A, the bridge over Agua Hedionda Creek, Basin BJ, water and reclaimed water lines, and all drainage and flood control facilities will be installed concurrent with development. Prior to construction of College Boulevard Reach A and Basin BJ, approval of a Conditional Use Permit will be required for the relocation of the Rancho Carlsbad Mobile Home Park (RCMHP) RV storage and garden area. The developer is aware of this requirement and has been working with the RCMHP and McMillin Homes on acquiring the relocation site. Remainder parcels are proposed for each of the subdivisions. The Cantarini Ranch subdivision proposes two remainder parcels totaling approximately one acre. These parcels are located adjacent to the south property line, west of “B” Street and at the terminus of “K” Street. These remainder parcels are proposed to be consolidated with the adjoining BeptodDartford (formerly Lubliner) and VIXA Investment parcels for inclusion in the hture subdivisions of these properties. The 19.3 acre Holly Springs remainder parcel, located in the northeast section of the site, will be rezoned and designated as open space land and may be used as a future mitigation bank according to the property owner. Both sites are physically suited for the proposed development since the sites are adequate in size and shape to accommodate the development areas, fire protection zones and open space preserve areas. G. Hillside Regulations A Hillside Development Permit is required for the subdivisions because the properties contain slopes of 15 percent and greater with elevation differentials greater than 15 feet. The purpose of this permit is to review the proposed development for conformance with the Hillside Development Regulations, Chapter 2 1.95 of the Municipal Code. The development proposals are in conformance with the purpose and intent in addition to the other provisions of the regulations. Development of Natural Slopes Over Forty Percent Gradient The hillside slope conditions and undevelopable areas have been identified on the project constraints map (included as Figure 4.2-1 and 4.2-2 in the EIR) for each of the subdivisions. Approximately 5.87 acres in Cantarini Ranch and 1.97 acres in Holly Springs are comprised of natural slopes having gradients above 40%. However, no slopes within the Holly Springs development qualify as sensitive under the Hillside Development Regulations (40% gradient with a 15’ elevation difference and minimum area of 10,000 square feet). Grading for the Cantarini Ranch site will not result in impacts to steep slopes covered by the Hillside Regulations since the steeper topography is preserved within the open space lots. Volume of Grading The standards require that volumes of grading be minimized. The relative acceptability of hillside grading volume falls into the following three categories: 1) Acceptable: 0 -7,999 cubic yards per acre (cu/ac), 2) Potentially Acceptable 8,000 - 10,000 cy/ac, and 3) Unacceptable EIR 02-02 - CANTARl"0LLY SPRINGS JOINT EIR;LFMP 15(C) - CANTA€UNY HOLLY SPRINGS; GPA 01-09/ZC 00-05/CT 00-l8/SDP Ol-lO/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA 00-06/ZC 00-09/CT 00-21/HDP 00-12 - HOLLY SPRINGS October 20,2004 Pane 20 greater than 10,000 cy/ac. Grading quantities for Cantarini Ranch, as discussed previously, are balanced and result in an acceptable grading volume of 7,360 cy/ac after adjustments are made to exclude grading associated with circulation element roadways (College Boulevard), remedial grading, and off-site grading in Basin BJ. Grading quantities for Holly Springs include a balanced cut and fill for the first phase of grading (Map Phases I - V); and for the second phase of grading (Map Phase VI), 3,700 cubic yards of cut; 3,900 cubic yards of fill; and 200 cubic yards of import. This results in acceptable grading volumes for both phases with 7,340 cy/ac proposed for the first phase grading operations and 5,700 cy/ac proposed for the last phase of grading. Slope Height Manufactured slopes may not exceed 40 feet in height unless either an exclusion is provided pursuant to CMC Section 2 1.95.130 or a modification is granted pursuant to Section 2 1.95.140. Only one slope would exceed a height of 40 feet. A portion of the slope on Lot 17 within the Cantarini Ranch subdivision has a slope height of approximately 43.5 feet. Exceeding the 40- foot requirement by 4 feet (10%) for a circulation element road is not considered a significant deviation from the intent of the hillside regulations. Additionally, slope heights directly associated with circulation roadways are exempt from the height limitations pursuant to CMC Section 21.95.130.A.2. Contour Grading The Hillside Development Regulations require that all manufactured slopes which are greater than 20 feet in height and two' hundred feet in length and which are located adjacent to or are substantially visible from a circulation element road, collector street, or useable public open space area shall be contour graded. The project complies with this standard in that slopes located along College Boulevard are contour graded to vary between 2:l and 3.6:l. Additionally, grading throughout the two subdivisions has been minimized where possible and has been designed to blend into the existing slopes. Screening Manufactured Slopes All manufactured slopes will be landscaped in accordance with the City's landscape manual with the exception of perimeter slopes that will be revegetated with naturalizing species to avoid the introduction of invasive species to adjacent natural areas. Roadway Design The roadways exhibit a curvilinear design which complements the natural undulating topography and does not greatly alter the physical and visual character of the hillsides. Because of the unique character of the site, a number of short cul-de-sacs are proposed to reduce the additional grading quantities that would be associated with providing interconnected streets. Single-loaded streets have been used to the greatest extent possible adjacent to the open space areas. This design allows for public views of the native vegetation to be maintained so that the development exhibits a rural character. Additionally, "J" Street is designed as a hillside street which allows a EIR 02-02 - CANTARINYHOLLY SPRINGS JOINT EIR$JMP 15(C) - CANTARINI/ HOLLY SPRINGS; GPA 01-09/ZC 00-05/CT OO-l8/SDP Ol-lO/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA OO-O6/ZC 00-09/CT 00-21/HDP 00-12 - HOLLY SPRINGS October 20,2004 Page 21 reduced street width (32 feet curb-to-curb) resulting in a more sensitively designed roadway which follows the natural hillside landform. Hillside Drainage The project incorporates undulating graded slopes and a curvilinear street design which reduces the effects of the proposed grading to the drainage pattern. The natural hillside drainage networks will be utilized and enhanced in that the majority of the anticipated runoff will be directed to several locations within the open space areas in an effort to reduce the locations of concentrated flow and to maintain and promote growth of the natural vegetation. Modification to Development and Design Standards The Hillside Development Regulations allow a maximum retaining wall height of 6 feet at the base of a manufactured slope, unless a modlfication to the development and design standards is granted, pursuant to CMC Section 21.95.140. There are three instances where proposed retaining walls exceed the height limit. The Cantarini Ranch subdivision proposes a plantable retaining wall with a maximum height of 19.8 feet on the west side of “I” Street. The wall is adjacent to a natural drainage course and the associated wetland habitat. Similarly, the Holly Springs subdivision contains two plantable retaining walls with maximum heights of 12.7 feet and 21.9 feet located on the south side of “P” Street, in the vicinity of Lots 17 and 26. In these three instances, a modification is allowable since the design using the higher retaining walls would result in more open space and would reduce the disturbance to wetland andor native grassland habitats. Alternatives showing a design using a maximum six-foot high retaining wall were submitted and reviewed with the development proposal. The reduced wall height alternative resulted in an increased impact to wetlands habitat of 1,231 square feet on the Cantarini Ranch site due to the need to extend the storm drain an additional 21.15 feet. On the Holly Springs site, the reduced wall height alternative resulted in an additional 1,076 square feet of impacts to sensitive vegetation communities. Given that the walls are located downhill from the roadways and are not situated in highly visible areas, allowing an increase in wall height to offset impacts to sensitive vegetation communities was warranted in these instances. The project is conditioned to use a natural earth-tone block for the walls and the walls will be planted with native species. Furthermore, views of the walls will be obscured by the adjacent wetland plant species which are generally characterized by lush dense growth. Additional Standards The future residential developments will be required to comply with the remaining standards of the Hillside Development Regulations including hillside and hilltop architecture and slope edge building setback. These items will be reviewed with the future SDP required to review the plotting and architectural design of the production homes. Custom home lots will be reviewed for compliance with these standards during building plan check. EIR 02-02 - CANTARINYHOLLY SPRINGS JOINT EIR;LFMP 15(C) - CANTARINY HOLLY SPRINGS; GPA 01 -09/ZC 00-05/CT 00-1 8/SDP Ol-lO/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA 00-06/ZC 00-09/CT 00-2 1/HDP 00-12 - HOLLY SPRINGS October 20,2004 Page 22 H. Floodplain Regulations The developer will be required to construct off-site roadway, bridge and drainage improvements in areas which are subject to the City’s Floodplain Regulations. Specifically, the off-site improvements include the core improvements for College Boulevard Reach A from the new intersection at Cannon Road to the terminus ending north of El Camino Real at Sunny Creek Road; construction of a full-width bridge over Agua Hedionda Creek (a.k.a. Sunny Creek); construction of road and drainage improvements over Little Encinas Creek, and the construction of Basin BJ which is southeast of the new Cannon Road and College Boulevard intersection. Although the environmental impacts of these improvements were previously analyzed in EIR 98- 02 for the Calavera Hills Master Plan Phase 11. Bridge and Thorou.&fare District #4, and Detention Basins, the EIR states that a Special Use Permit is required to allow for grading in the floodplain. The proposed improvements are subject to the provisions of the Floodplain Special Use Permit. The purpose of these regulations are to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions. The proposed crossings of Little Encinas Creek, Agua Hedionda Creek, and construction of Basin BJ are subject to the City’s Floodplain Management Regulations. These off-site areas are located within areas which would be inundated by a 100-year flood. A 100-year flood is defined as a flood which has a one percent annual probability of being equaled or exceeded. A Special Use Permit is required to be obtained in addition to any other required permits or entitlements before construction or development begins within an area inundated by a 100-year flood. Hydrology studies have been prepared for the project and have been reviewed by Engineering staff. The proposed roadway, grading and drainage improvements on the north end of College Boulevard Reach A will modify the configuration of the 100-year floodway by creating a detention basin (Basin BJ) at the southeast comer of the future Cannon RoadKollege Boulevard intersection and channeling Little Encinas Creek in a 3’ x 6’ box culvert under College Boulevard. Basin BJ is part of an overall plan to reduce peak flows that impact Rancho Carlsbad Mobile Home Park downstream. The College Boulevard improvements at the south end include construction of a 153-foot long bridge across Agua Hedionda Creek. A Conditional Letter of Map Revision (CLOMAR) for Agua Hedionda Creek was prepared by Howard Chang, Ph.D., P.E. dated April 2000. From the hydrology study prepared for FEMA, conditional limits of the 1 00-year floodplain were plotted, as shown on the tentative map exhibits. Once the bridge improvements are in place, a LOMR will be processed through FEMA to formally designate these limits. The above improvements, along with those proposed in conjunction with the Calavera Hills Phase I1 development, have been reviewed by the responsible agencies. A Section 404 Permit from the US Army Corps of Engineers, a Section 401 Permit from the Regional Water Quality Control Board, a Section 1603 Streambed Alteration Agreement from the California Department of Fish and Game, and a Section 7 Biological Opinion prepared by the US Fish and Wildlife Service have been approved for all of the proposed off-site improvements. The Corps permit EIR 02-02 - CANTARINVHOLLY SPRINGS JOINT EIRiLFMP 15(C) - CANTARINU HOLLY SPRINGS; GPA 01-09/ZC 00-05/CT 00-18/SDP Ol-lO/HDP OO-O9/SUP 00-09 - . CANTARINI RANCH; GPA OO-O6/ZC 00-09/CT 00-2 1/HDP 00- 12 - HOLLY SPRINGS October 20,2004 Page 23 expired on July 1, 2004. However, a new application will be submitted and must be approved prior to construction of these off-site improvements. I. Draft Habitat Management Plan The Cantarini Ranch and Holly Springs project areas are identified as proposed hardline conservation areas in the City’s Draft Habitat Management Plan (HMP). The projects propose minor modifications to the draft hardline and the EIR includes a detailed evaluation of the proposed hardline changes and concludes that the open space preserve area will result in “equal to or better” conservation. Overall, there is no net change between the approved hardline preserve area and the revised hardline preserve area as combined for the Cantarini Ranch and Holly Springs projects. When both projects are developed, a total of 113.39 acres (net) of hardline preserve area will be dedicated as permanent open space which is equivalent to the acreage of the approved hardline preserve areas for both properties in the draft HMP. In addition, 1.62 acres located within the Rancho Carlsbad exchange parcel will be preserved. An Equivalency Finding can be made for both projects showing consistency with the HMP in that the minor changes to the hardline conservation area do not reduce the acreage or quality of the habitat, and mitigation ratios set forth by the HMP have been used to mitigate impacts to sensitive species proposed for disturbance within the development area. Upon completion of project grading and improvements, ownership of the open space conservation area will be transferred to a qualified natural lands management entity. The developer is also conditioned to provide a non-wasting endowment or other financial guarantee acceptable to the City to provide for management and conservation of the open space lands in perpetuity. 9. Inclusionary Housing The Cantarini Ranch and Holly Springs residential subdivisions are required to provide affordable housing in conformance with the requirements of the Inclusionary Housing Ordinance, Section 21.85 of the Carlsbad Municipal Code. The affordable housing requirements for these projects will be met through the construction of an 80-unit, mixed-rate apartment project. The total number of affordable units required is based on the maximum number of units proposed within the two subdivisions and within the multi-family site. Fifteen percent (15%) of the total units proposed must be affordable to low-income households. The 105-lot Cantarini Ranch and 43-lot Holly Springs single-family residential subdivisions require 19 and 8 affordable units, respectively. Additionally, 8 of the remaining 53 apartment units not already accounted for by two subdivisions, must also be affordable (53 x 15% = 8 units). This results in a total requirement of 35 affordable units. The mixed-rate apartment project proposes 80 dwelling units, with 40 affordable units and 40 market-rate units. Of the required affordable units, 10% (4 units) must be three bedroom units. The project contains 16 one-bedroom units (20%), 48 two-bedroom units (60%) and 16 three- bedroom units (20%). The required findings for compliance with the Inclusionary Housing Ordinance include consistency with General Plan goals and policies, adequacy of the site and street system, and a determination that the affordable units are compatible with surrounding uses, EIR 02-02 - CANTARI”0LLY SPRINGS JOINT EIR;LFMP 15(C) - CANTARINI/ HOLLY SPRINGS; GPA 01 -09/ZC 00-05/CT 00-1 8/SDP 0 1 - 1 O/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA 00-06/ZC 00-09/CT 00-21/HDP 00-12 - HOLLY SPRINGS October 20,2004 Standard Density and will not adversely impact the site or surrounding areas including traffic circulation. Requirement Proposed RMH (8-15 ddac) 11.5 ddac Growth Management Control Point 80 apartments on a 6.21 acre site 12.88 ddac (within allowable density range) The project site is located at the northwest comer of the future intersection of College Boulevard, a major arterial, and “C” Street. The location is close to major routes to jobs throughout north San Diego County and is adjacent to future bus stops on College Boulevard. The site is also within close proximity to nearby employment areas and commercial services and the project will help to meet the housing needs of the community. The proposed density of 12.44 du/ac for the project is consistent with the Residential Medium- High (RMH, 8-15 du/ac) land use designation proposed in conjunction with the Cantarini Ranch development proposal. Although the density of the apartment project exceeds the Growth Management Control Point of 11.5 du/ac for the RMH designation, it is within the allowable density range. Additionally, the Cantarini Ranch development proposal is 139 units under the density currently allowed for the entire site. Clustering of a portion of the allowable project density at the mixed-rate apartment site is discussed in detail under the General Plan analysis section of this report. The provision of a combined off-site project located outside of the boundaries of the Sunny Creek Specific Plan was found to be more feasible than an on-site option due to the difficulty in integrating an affordable housing product type within an area designated for residential estate type of development which would result in extreme differences in price and product type disparity. The 5 excess affordable units over the 35 required units will benefit future development in the northeast quadrant in that these units may be purchased as affordable housing “credits” by other developers. As illustrated in Table 3 below, the project is consistent with all development standards and design guidelines required by the RD-M zone. TABLE 3: COMPLIANCE WITH DEVELOPMENT STANDARDS I I Lot Coverage I 60% of net pad area I 13.6 % lot coverage of net pad EIR 02-02 - CANTARI“0LLY SPRTNGS JOINT EIR;LFMP 15(C) - CANTARTNU HOLLY SPRINGS; GPA 01 -09/ZC 00-05/CT 00- 1 WSDP 0 1 - 1 O/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA OO-O6/ZC 00-09/CT 00-2 1MDP 00- 12 - HOLLY SPRTNGS October 20,2004 TABLE 3: COMPLIANCE WITH DEVELOPMENT STA Standard Setbacks Building Height Recreation Space Parking Affordable Housing Requirement College Boulevard 20 foot front yard setback “C” Street 10 foot street side setback 5 foot sideyard setback (north property line) 10 foot rear yard setback (east property line) 10 foot Building Separation Bldg Height: 35 feet and 3 stories. Not Required Resident parking 1.5 spaced1 bdrm unit 2 spaced2 or more bdrm Guest parking 0.5 spacedunit for units 1-10 0.25 spacedunit for units 1 1-80 35 affordable units, min. 10% 3-bedrooom Affordable housing requirements per project area: Cantarini Ranch - 19 units Holly Springs - 8 units Mixed-rate housing site - 8 units 24 spaces 128 spaces 5 spaces 18 suaces Total required: 175 spaces DARDS CONTINUED Pronosed 40 foot average landscaped setback Units are set back 117 feet or greater from College Blvd. Minimum 10-foot landscaped setback. All units are set back 62 feet or greater from “C” Street. All units have a side setback of 80 feet or greater. All units have a rear setback of 160 feet or greater. Minimum 25 foot separation Recreation Center: 17 feet (25 feet to tower element) Buildings 1 - 4 (3-story): 35 feet Passive recreation: 5,3 10 square feet (Turf and observation areas) Active recreation: 6,836 square feet (Pool and tot lot areas) Recreation center: 1,998 square feet 178 surface parking spaces 50% low income (40 units) 50% market-rate units (40 units) Conditioned to provide 10% (4 units) of the affordable units as 3-bedroom. Prior to the approval of the final map for the Cantarini Ranch project, the developer is conditioned to enter into an Affordable Housing Agreement with the City to deed restrict 40 dwelling units as affordable to lower income households at 70% or lower Area Median Income (AMI) for 55 years. Provisions related to the location of the affordable units within the EIR 02-02 - CANTAFU"0LLY SPRINGS JOINT EIR;LFMP 15(C) - CANTARI"I/ HOLLY SPRINGS; GPA 0 1-O9/ZC 00-05/CT 00- 18/SDP 01 -1 O/€IDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA OO-O6/ZC 00-09/CT 00-2 l/HDP 00-1 2 - HOLLY SPRINGS October 20,2004 STANDARD IMPACTS City Administration 792.69 square feet Library 422.77 square feet Waste Water Treatment 228 EDU apartment complex; timing for construction of the affordable units, market-rate apartment units, and single-family lots; and purchase agreements for the excess affordable housing credits will be included in the Affordable Housing Agreement. COMPLIANCE Yes Yes Yes K. Growth Management Parks Drainage An amendment is proposed to the Local Facilities Management Plan (LFMP) for Zone 15 to reflect adjustments to the General Plan land use designations and build-out projections, and changes to facilities requirements for drainage, sewer, water and circulation. The proposed zone plan covers the entire zone and analyzes the requirements of the 11 public facilities included within the growth management program. For each of the eleven public facilities, the plan lists the required performance standard, provides a facility planning and adequacy analysis, required mitigation and financing sources for any required mitigation. Special conditions of the LFMP amendment include drainage, sewer, water and circulation facilities. The zone will be in compliance with the required performance standards by satisfying the general id special conditions listed in the zone plan. 1.59 ac. Yes Agua Hedionda Watershed Yes The facilities impacts of the project are summarized in the following table: Circulation Fire 2,420 ADT Yes Station 3 and 5 Yes ~ Open Space Schools Increase of 123.02 acres Yes CUSD Yes Elem= 41.8, JH= 20.5, HS = 25.3 Sewer Collection System 228 EDU Yes J V. ENVIRONMENTAL REVIEW An Environmental Impact Report (EIR) was prepared for the Cantarini Ranch and Holly Springs projects in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code. The EIR addresses the environmental impacts associated with all discretionary applications for the proposed projects. City staff prepared an environmental impact assessment for the projects to determine the areas of potential impact and issued a Notice of Preparation (NOP) on October 16, 2002. The NOP was distributed to all Responsible and Trustee Agencies, EIR 02-02 - CANTARINI/HOLLY SPRINGS JOINT EIR$IMP 15(C) - CANTARINY HOLLY SPRINGS; GPA 0 1-09/ZC 00-05/CT 00- 1WDP 0 1- 1O/HDP OO-O9/SUP 00-09 - CANTARINI RANCH; GPA OO-O6/ZC 00-09/CT 00-2 1EDP 00- 12 - HOLLY SPRINGS October 20,2004 Page 27 as well as other agencies and members of the public. Staff conducted a public scoping meeting on October 23, 2002 to solicit feedback from interested persons regarding potential impacts that may result from implementation of the proposed projects. At the public scoping meeting, the public was presented with a project description and was invited to provide written comments on the scope and content of the EIR. Written responses were received by staff and these comments were taken into consideration prior to developing a detailed scope of work for the EIR. The Cancarini/Holl y Springs Joint EIR, which analyzes the impacts of the two residential subdivisions and apartment project considers the following areas of potential impact: Land Use Compatibility Vi sua1 Aesthetic s/Grading Biological Resources TransportationKirculation Air Quality Agricultural resources Noise Hydrology/Water Quality Public Services and Utilities Geology/Soils Hazards and Hazardous Materials ArcheologicaVPaleontological Resources PopulatiodHousing Additionally, the Draft EIR includes other sections required by CEQA such as an Executive Summary, Project Description, Long Term Effects (Cumulative, Growth Inducing, Significant Irreversible and Unavoidable, and Not Significant), and Alternatives. Four alternatives are considered in the EIR. The alternatives include the “no project” alternative, a “no Specific Plan” alternative, an alternative sites analysis, and an alternative design which would be consistent with the original hardlines shown in the draft HMP. Notification that the Draft EIR was available for public review was accomplished through the publacation of a Notice of Completion, dated June 12, 2003. The Notice of Completion was published in the newspaper and forwarded to the State Clearinghouse, Responsible and Trustee agencies, and other agencies and interested parties. This action commenced a 45-day public review and comment period that ended July 28,2003. At the request of the USFWS, the review period was extended for an additional two weeks through August 12, 2003. A total of 16 comment letters were submitted prior to the close of the review period. Following circulation of the Draft EIR, the applicant made modifications to the project design based on comments received during the public review of the Draft EIR and in response to comments from local, state, and federal responsible agencies. These modifications resulted in the need for revisions to the project impact analysis and mitigation measures presented in the previously circulated Draft EIR. Based on review of the potential impacts that could occur as a result of the design modifications, the City determined that the Land Use, Biological Resources, and HydrologyNater Quality sections of the Draft EIR required recirculation. The City also determined that the project modifications did not necessitate significant changes to the analysis, significance conclusions, or mitigation measures in other sections of the Draft EIR. Therefore, in accordance with Section 15088.5(c) of the CEQA Guidelines, the recirculated Draft EIR included only the three sections affected by the modifications and a revised project description. In accordance with CEQA Guidelines, the City invited comments only on the recirculated sections of the Em. 233 EIR 02-02 - CANTARI“0LLY SPRINGS JOINT EIR,LFMP 15(C) - CANTARINY HOLLY SPRINGS; GPA 01-09/ZC 00-05/CT 00-1 8/SDP 01-1 O/HDP OO-O9/SUP 00-09 - CANTARIN1 RANCH; GPA OO-O6/ZC 00-09/CT 00-2 1/HDP 00- 12 - HOLLY SPRINGS October 20,2004 Notification that the Recirculated .Draft EIR was available for public review was accomplished through the publication of a Notice of Completion, dated June 2, 2004. The Notice of Completion for the Recirculated Draft EIR was published in the newspaper and forwarded to the State Clearinghouse, Responsible and Trustee agencies, and other agencies and interested parties. This action commenced a 45-day public review and comment period that ended July 19, 2004. At the request of the USFWS, the review period was extended through July 23,2004. A total of three comment letters were submitted prior to the close of the review period. Responses were prepared and mailed for comments received on both the unaltered sections of the Draft EIR and for the comments received on the Recirculated Draft EIR. The City is not required to respond to past comments received on the sections which were re-analyzed in the Recirculated Draft EIR. Response letters also provided notice of the availability of the Final EIR. The analysis contained in the EIR concludes that significant biological, air quality, hydrology/water quality, geology/soils, hazards/hazardous materials, archeological and paleontological impacts can be mitigated to below a level of significance, with the exception of cumulative impacts to air quality. The cumulative impacts arise &om the marginal contribution the proposed project will make, when combined with the impacts fiom existing and other fbture projects, to pre-existing conditions that fail to meet applicable standards currently. Under CEQA, before a project which is determined to have significant, unmitigated environmental effects can be approved, the public agency must consider and adopt a “Statement of Overriding Considerations” pursuant to CEQA Guidelines 15043 and 15093. The primary purpose of CEQA is to fully inform the decision makers and the public of the environmental effects of a proposed project and to include feasible mitigation measures and alternatives to reduce any such adverse effects below a level of significance. However, CEQA recognizes and authorizes the approval of projects where not all adverse impacts can be fully lessened or avoided. The Lead Agency must explain and justify its conclusion to approve such a project through the Statement of Overriding Considerations setting forth the proposed project’s general social, economic, policy or other public benefits which support the agency’s informed conclusion to approve the project. The CEQA Findings of Fact and Statement of Overriding Considerations are attached to the Planning Commission Resolution for the EIR. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Planning Commission Resolution No. 5749 (EIR 02-02) Planning Commission Resolution No. 5750 (LFMP 15(C) Planning Commission Resolution No. 5751 (GPA 01-09) Planning Commission Resolution No. 5752 (ZC 00-05) Planning Commission Resolution No. 5753 (CT 00-18) Planning Commission Resolution No. 5754 (SDP 01-10) Planning Commission Resolution No. 5755 (HDP 00-09) Planning Commission Resolution No. 5756 (SUP 00-09) Planning Commission Resolution No. 5757 (GPA 000-06) Planning Commission Resolution No. 5758 (ZC 00-09) EIR 02-02 - CANTARINVHOLLY SPRINGS JOINT EIR;LFMP 15(C) - CANTARINV HOLLY SPRINGS; GPA 0 1 -09/ZC 00-05/CT 00-1 8/SDP 01 -1 O/HDP OO-O9/SUP 00-09 - . CANTARINI RANCH; GPA OO-O6/ZC 00-09/CT 00-21/HDP 00-12 - HOLLY SPRINGS October 20,2004 Page 29 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 27. Planning Commission Resolution No. 5759 (CT 00-21) Planning Commission Resolution No. 5760 (HDP 00-12) Location Map Background Data Sheet - Cantarini Ranch Background Data Sheet - Holly Springs Local Facilities Impact Assessment Form - Cantarini Ranch Local Facilities Impact Assessment Form - Holly Springs Disclosure Statements Reduced Exhibits Zone 15 Local Facilities Management Plan Amendment Composite Map for Cantarini Ranch and Holly Springs Developments Pedestrian Circulation and Trail Plan Exhibits “A” - “II” for Cantarini Ranch dated October 20,2004 Exhibits “A” - “M’ for Cantarini Ranch Multi-family Site dated October 20,2004 Exhibits “A” - “0” for Holly Springs dated October 20,2004 EIR 02-02 BACKGROUND DATA SHEET CASE NO: EIR 02-02/LCPA 15(C)/GPA 01-09/ZC 00-05/CT 00-18/SDP Ol-lO/HDP 00-09/SUP 00-09 CASE NAME: CANTARINI RANCH APPLICANT: Bentley Monarch LLC REQUEST AND LOCATION: Request for a recommendation of certification of an Environmental Impact Report, and recommendation of adoption of the Candidate Findinm of Fact, Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program: a recommendation of approval for the Zone 15 Local Facilities Management Plan Amendment; a recommendation of approval for a General Plan Amendment, Zone Change, Tentative Tract Map, Site Development Plan, and Hillside Development Permit; and approval of Floodplain Special Use Permit for the development of the Cantarini Ranch proiect which includes a 105 single-family residential lot subdivision, associated open space lots, and an 80-unit mixed-rate apartment project generally located north of El Camino Real and east of the new intersection of College Boulevard and Cannon Road in the L-C and R-A-10,000 zones, in the Sunny Creek Specific Plan Area SP-191, and within Local Facilities Management Zone 15. LEGAL DESCRIPTION: That portion of Lot “B” in Rancho Agua Hedionda. in the City of Carlsbad, County of San Diego. State of California, according to Map thereof No. 823. filed in the Office of the County Recorder of San Diego County on November 16, 1896. described in a Grant Deed recorded July 9, 1962 as Filepage No. 116406 of Official Records. Except therefrom that portion thereof described in a Grant Deed recorded November 19, 1965 as Filepage No. 210231 of Official Records. Also including portions of Lot “D’ and “E” of said Map No. 823, described in a Grant Deed recorded September 7, 1995, as Doc. # 1995-00100176 of Official Records. Also including a portion of Lot “B” of said Map No. 823, described in a Grant Deed recorded September 7, 1995, as Doc. # 1995-0398027 of Official APN: 209-070-01,02, Por. 209-060-60 & Por. 168-050-51 Acres: 156.72 acres Proposed No. of LotsKJnits: 105 SFR lots. 1 MF lot w/ 80 units, 7 OS lots, 6 HOA lots and two remainder parcels. GENERAL PLAN AND ZONING Land Use Designation: RLM & OS Density Allowed: 2.88 - 3.2 du/ac Existing Zone: L-C & R-A-10,000 Surrounding Zoning, General Plan and Land Use: Proposed Land Use Designation: RLM, RMH & OS Density Proposed: SFR: 0.93 du/ac MF: 12.88 du/ac Proposed Zone: R-1-0.5-0, RD-M & 0-S Site L-C and R-A-10,000 ~ ~~ North L-C South L-c East L-C and R-E West L-c General Plan Current Land Use RLM and OS Vacant/Agriculture RLM and OS VacandAgricul ture RLM ResidentiaVHorse Stables RL Vacant/Agriculture RLM Vacant PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 185 ENVIRONMENTAL IMPACT ASSESSMENT c] Mitigated Negative Declaration, issued Certified Environmental Impact Report, dated October 2004 0 Other, BACKGROUND DATA SHEET CASE NO: EIR. 02-02LCPA 15(C)/GPA OO-O6/ZC 00-09/CT 00-2 l/HDP 00-12 CASE NAME: HOLLY SPRINGS APPLICANT: David M. Bentlev REQUEST AND LOCATION: Request for a recommendation of certification of an Environmental Impact Report, and recommendation of adoption of the Candidate Findings of Fact, Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program; a recommendation of approval for the Zone 15 Local Facilities Management Plan Amendment: a recommendation of approval for the General Plan Amendment, Zone Change. Tentative Tract Map, and Hillside Develoument Permit for the development of the Holly Springs project which includes a 43 sinde-family residential lot subdivision and associated open space lots. The project is generally located east of College Boulevard and south of future Cannon Road Reach 4 in the L-C zone, in the Sunnv Creek Specific Plan Area SP- 19 1, and within Local Facilities Management Zone 15. LEGAL DESCRIPTION: Those portions of Lots “D” and “E” of Rancho Ama Hedionda. in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823. filed in the Office of the Countv Recorder of San Diego, November 16, 1896. APN: 168-050-06,07,49 & 51 Acres: 119.85 acres Proposed No. of LotsAJnits: 43 SFR lots, 6 OS lots. 4 HOA lots and 1 remainder parcel GENERAL PLAN AND ZONING Land Use Designation: RLM & OS Density Allowed: 2.88 - 3.2 du/ac Existing Zone: L-C Surrounding Zoning, General Plan and Land Use: Proposed Land Use Designation: RLM & OS Density Proposed: 0.47 du/ac Proposed Zone: R-1-0.5-0 & 0-S Zoning General Plan Current Land Use Site L-c North L-C & R-A-10,000 South L-C and R-A-10,000 RLM & OS RLM RLM and OS Vacant/Agriculture Vacant Vacant/Amiculture East RMHP RLM Rancho Carlsbad Mobile Home Park RV Storage & Garden Area West Outside City Limits Outside City Limits Ocean Hills residential development in Oceanside PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 43 ENVIRONMENTAL IMPACT ASSESSMENT Mitigated Negative Declaration, issued Certified Environmental Impact Report, dated October 2004 2 38 c] Other, 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: CANTARINI RANCH - EIR 02-02/LCPA 15(C)/GPA 01-09EC 00-05/CT 00- 18/SDP 01-10/HDP 00-09/SUP 00-09 LOCAL FACILITY MANAGEMENT ZONE: 15 GENERAL PLAN: RLM & OS (proposed: RLM, ZONING: L-C and R-A-10,000 (proposed: R-1-0.5-0, RD-M & 0-S) DEVELOPER’S NAME: Bentley Monarch LLC ADDRESS: 7449 Magellan St. Carlsbad. CA 92009 PHONE NO.: 1760) 476-0335 ASSESSOR’S PARCEL NO.: 209-070-01, 02, Por. 209-060-60 & Por. QUANTRY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 105 SFR lots. 1 MF lot w/ 80 units, 7 OS lots, 6 HOA lots and two remainder parcels. ESTIMATED COMPLETION DATE: 168-050-5 1 A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: 643.19 sa. ft. Library: Demand in Square Footage = 343.03 sa_. ft. Wastewater Treatment Capacity (Calculate with J. Sewer) 185 EDU Park: Demand in Acreage = 1.29 acres Drainage: Demand in CFS = 304 CFS Demand in Square Footage = Identify Drainage Basin = Agua Hedionda Lagoon (Identify master plan facilities on site plan) Circulation: Demand in ADT = 1,690 ADT (Identify Trip Distribution on site plan) Fire : Open Space: Acreage Provided = 59.14 acres OS ’ Schools: Carlsbad Unified Served by Fire Station No. = No. 3 & 5 Elementary - 31.74 students, Middle School- 15.48 students, High School - 19.08 students (Demands to be determined by staff) Sewer: Demands in EDU 185 EDU Identify Sub Basin = 15 B (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 40,700 GPD The project is 139 units under the Growth Management Dwelling unit allowance. a39 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: HOLLY SPRINGS - EIR 02-02/LCPA 15(C)/GPA OO-O6/ZC 00-09/CT 00-21/ HDP 00-12 LOCAL FACILITY MANAGEMENT ZONE: GENERAL PLAN: RLM & OS (proposed:RLM & ZONING: L-C (proposed: R-1-0.5-0 & 0-S) DEVELOPER’S NAME: David M. Bentley ADDRESS: 7449 Magellan St. Carlsbad, CA 92009 PHONE NO.: (760) 476-0335 ASSESSOR’S PARCEL NO.: 168-050-06,07,49 & 51 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 43 SFR lots, 6 OS lots, 4 HOA lots and one remainder parcel. ESTIMATED COMPLETION DATE: A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: 149.5 sa. R. Library: Demand in Square Footage = 79.73 SQ. R. Wastewater Treatment Capacity (Calculate with J. Sewer) 185 EDU Park: Demand in Acreage = 0.03 acres Drainage: Demand in CFS = 58 CFS Demand in Square Footage = Identify Drainage Basin = Agua Hediona Lapoon (Identify master plan facilities on site plan) Circulation: Demand in ADT = 430 ADT (Identify Trip Distribution on site plan) Fire: Open Space: Acreage Provided = 60.72 acres OS Served by Fire Station No. = No. 3 & 5 19.3 acres in Remainder Parcel Schools: Carlsbad Unified Elementary - 10.06 students, Middle School- 5.04 students, High School - 6.2 students (Demands to be determined by staff) Sewer: Demands in EDU 43 EDU Identify Sub Basin = 15 B (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 9,460 GPD The project is 235 units under the Growth Management Dwelling unit allowance. - City of Carlsbad DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. as "Any individual, organization, corporation, estate, trust, re municipality, district or other political sub ign this document; however, the leg 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of persons having a financial interest in the application. If the applicant includes a cornoration or DartnershiD, include the names, title, addresses of all individuals owning more than 10% of the shares.-.IF NO APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- I LlV11! fvt : f%"\+-IzL$ Corppart iikh+/<v 'ddlqa,~. dwf !L -f o A Title ~&IU t' .ah M c 1 !.? i.? VLr Address 7yq'I MII ~?~?.//QYI $4 U Title Address &d/%6Qi & ?DV? 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 (Le, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a comoration or uartnershiD, 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 ("/A) IN THE SPACE BELOW. If a publiclv- owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person aE AJ A&;,l. CorpRart c Title Title Address Address 1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-4600 FAX (760) 602-8559 @ 241 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonmofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profiflrust Non Profiflrust ‘Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes WNo If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. (- f-3 ?-/-Lid Signature of applicanddate r r 4 q- /-[)4 Signature of owner/date Print or type name of owner Print or type name of applicant Signature of owner/applicant’s agent if applicable/date _____~ Print or type name of owner/applicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 d4a Page 2 of 2 .. .. .,$ -. c *. (. -Applicant’s statement or disclosure of certain ownership interests on all applications Ghich will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. DISCLOSURE STATEMENT The following information MUST be disclosed at the time of applicafion submittal. Your project cannot be reviewed until this information is completed, Please print. Note: Person is defined as “Any individual, fm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. i APPLICANT (Not the applicant’s agent) Provide the COMPLETE. LEGAL names and addresses of && persons having a financial interest in the application. If the applicant includes a cornoration or Dartnershio, include the names. title, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE (”/A) IN THE SPACE BELOW. If a publicly-owned coruoration, include the INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- names, titles, and addresses of the corporate necessary.) Person Bku+~ti-~ - WOUW~)-,LCC Title yMFkN&tM6, @l-&T UEL 2. OWNER (Not the owner’s agent) officers. (A separate page may be attached if Corp/Part Title Address Provide the COMPLETE, LEGAL names and addresses of 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 coruoration or uartnershb, 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 publiclv- owned coruoration, include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) / c-io48 2075 Las Palrnas Dr. Carlsbad. CA 92009-1576 - (760) 438-1161 - FAX (760) 438-0894 ~ ____ ____ . 4 .' ., - a- 3. , NON-PROFIT t&VIZATION OR TRUST e If any person identified pursuant to (1) or (2) above is a nonurofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profiflrust Non Profiflrust Title Title Address Address / s 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions. Committees and/or Council within the past twelve ( 12) months? 0 Yes No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. 4 4- &A42 fi/$g/ou 9//& 5 signature of ownerha& Signature of applicant/date )Atlk 5 \BPEL D&Ui&I m. fiK2Jt-bCU Print or type name of owner Print or type name of applicant - Signature of ownerlapplicantd agent if applicable/date LVbQwlG uilbS/ch, CeuP, I AJ L rzs&rzr c- LADWIG Print or type name of owneriapplicant's agent ,/ c H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/96 44 J ,Page 2 of 2 DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications "hhich will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. Tlie following infomation MUST be disclosed at the time of applica6on submittal. Your project cannot be reviewed until this information is completed: Please print. Note: Person is defined as "Any individual, firm, CO-partnership, jomt venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, m this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity sf the applicant and property owner must be provided below. 1. ' APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names andaddresses of persons having a financial interest in the application. If the applicant includes a cornoration or Dartnershiu, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned comoration, include the INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- names, titles, and addresses of the corporate necessary.) Person ~C~TWY- WOU~~+, uc Title MWAd; IE3k 94bTrnL Address 7 4q.c1 @&g CLW SI-. C&<rsM, cr4 a qzoq 2. OWNER (Not the owner's agent) officers. (A separate page may be attached if Corp/Part Title Address Provide the COMPLETE, LEGAL names and addresses of & persons having any ownership interest in the property involved.. Also, provide the nature of the legal ownership (Le, partnership. tenants in common, non-profit, corporation, etc.). If the ownership includes a comoration or uartnershb, 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 comoration, include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) / Person sw.jJo, corp/part cA.alrjew4 m*NMic*-T co, Title ?r2G 3 \ DGhT Address cb 1 '1 1 a,oOTitle P~ZCS 1 BOW W . C+ZkfU@Y fi@ Address <wc or &KEGS ,cA .94d@c c <4Lg &7$cttEcl, mtdJIcc -=PULE) L. -@+(p- 2075 Las Palmas Dr. - Carlsbad. CA 92009-1 576 - (760) 438-11 61 - FAX (760) 438-0894 * a . .A * ' 3. NON-PROFIT 0 &ATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonmofit oreanization or a trust.. 1i.g the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profiflrust Non Profiflrust Title Title z Address Address 1 4. Have you had more than $250 worth of business transacte4 with any member of City staff. Boards, Commissions. Committees and/or Council within the past twelve (12) months? 0 Yes No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. 1 certify that all the above info Signature of applicant/date LJILL/m b1 . GGCtvtY:J& D&rllb M- f?C UTLE Y Print or type name of owner Print or type name of applicant Signature of owner/applicant's dgent if applicable/date Print or type name of ownedapplicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 2+6 Page 2 of 2 . .. . " Schedule of City of Carlsbad Disclosure Statement 4' 4 The owner is Attached is a schedule of the 1. 2. 3. e, .6 Carlsberg Rancho, Ltd. Oak Shadows Building Company . . Brookvale Terrace Building Company Carlsbad Residents Association ("his non-profit association consists of all of the residents at Rancho Carlsbad Country Club. Attached is a list of the Board .. of Dbectors) 1. 0 0 General Partners: Limited Partners: & Abraham Keh P.O. Box 366 Los AItos, CA 9402%, Carlsberg Mobile Home Properties, hc. 2800 28" Street, Suite 222 __ Santa Monica, CA 90405 ABS, LLC c/o Sue L. Loftin, Esq. * .4330 La JoUa Village Drive, Suite 330 San Diego, CA 92122 Bruce Davis C/O Horizon Management Company Granite Bay, CA 95746 4120 Dough Blvd., #306-123 ' Steven Weed 2144 Harkins Avenue MenIo Park, CA 94025 Baldwin Pacific Corp. C/O John Baldwin 225 Broadway, Suite 1201 San Diego, CA 92101 CRII, Ltd. 2800 28'" Street, Suite 222 Santa Monica, CA 90405 Doug & Joyce Shen 16090 Green Ridge Tenace Los Gatos, CA 98030 Glauz Family Trust 3 124 Shelter Cove Place Davis, CA 95616 Tom Grant . 1813 Shelfield Drive Carmichael, CA 95608 1 .. . .. .. 0 Nelson & Corinne Jew 945 Severien Drive Sacramento, CA 95864 Alan Jew 8601 Falmouth, No. 323 Playa del Rey, CA 90293 // 47 Benjamin & Pat Keh 7150 Hidden Valley Place Granite Bay, CA 95746 Brookvale Terrace Building Company c/o Abraham Keh P.O. Box 366 Los Altos, CA 94023 .. Abraham & Frances Keh P.O. Box 366 Los Altos, CA 94023 Shawn A. Baldwin c/o Baldwin Pacific Corp. 225 Broadway, Suite 1201 San Diego, CA 92101 2. Oak Shadows Building Company, a California Limited Partnership General Partner: Limited Partners: Abraham Keh P.O. Box 366 Los Altos, CA 94023 Benjamin and Pat Keh 7150 Hidden Valley Place Granite Bay, CA 95746 Keh Family Trust c/o Abraham Keh P.O. Box 366 Los Altos, CA 94023 Kuh Living Trust - Ernest & Bettine Kuh c/o Abraham Keh P.O. Box366 Los Altos, CA 94023 2 . .. .- . ... . . . .. .. 0 . . , I .. _._ ...* .:-- .-. " .' '. -. .- .. ** . -- e.. ' ' .. -. Ying K. and Sophy Lee c/o Abraham Keh . P.O. Box366 Los Altos, CA 94023 @ William Tsao Credit Shelter Trust c/o Abraham Keh +, Los Altos, CA 94023 Sung Family Trust - T.YJ Sung c/o Abraham Keh P.O. Box 366 ' P.O. Box366 LOS MtGS, CA 94023 3. Brookvale Terrace Building Company, a California Limited Partnership .-. General Partner: Abraham Keh P.O. Box 366 Los Altos, CA 94023 ' Limited Partners: . Benjamin and Pat Keh 7150 Hidden Valley Place Granite Bay, CA 95746 Keh Family Trust c/o Abraham Keh P.O. Box 366 Los Altos, CA 94023 Kuh Living Trust - Ernest & Bettine Kuh c/o Abraham Keh P.O. Box 366 Los Altos, CA 94023 Ying & Sophy Lee c/o Abraham Keh P.O. Box 366 Los Altos, CA 94023 William Tsao Credit Shelter Trust c/o Abraham Keh P.O. Box 366 Los Altos, CA 94023 3 ... .. . .. , . .. .,. . e \ Joseph C.K. and Vera Chang c/o Abraham Keh P.O. Box 366 Los Altos, CA 94023 4> Sung Family TNS~ - T.Y. Sung c/o Abraham Keh 4, P.O. Box 366 . Los Altos, CA 94023 Alice Tsao Chan and Frank Chan c/o Abraham Keh P.O. Box 366 . Los Altos, CA 94023 Bruce and Linda Davis 2.. c/o Horizon Management Company 4120 Douglas Blvd., #306-123 Granite Bay, CA 95746 CarkbadResid tsAss 'ation Board of \ hectors: \ kehderson Real 008 5 '.. _. 0 0 RANCHOCARLSBADPARTNERS, a California General Partnership By: THE CARLSBAD RESIDENT ASSOCIATION, INC., By: CARLSBERG RANCHO, LTD., a California limited partnership, General Partner By: BROOKVALE TERRACE BUILDING COMPANY, a By: OAK SHADOWS BUILDING COMPANY, a By: .. . ._ ._ -.. .. . .' *. ' ._ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. On /J-J/-~J' ,before me, Clyde Billings, Notary Public, personally appeared cCrP AN4 r'aflfi 4*0 Ed,,, a/544d personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)%re subscribcd to the within instrument and acknowledged to me that Whey executed the same in I~k4kr/tbeir autliorized capacity(ies), and that by hiskr/their signature(s) on the instrument the person(s1, or the entity upon behalf of which the person(s) acted: executed the instrument. WITNESS my hand and official Seal. My commission expires: 2/ 13/99 Commission 8 105 1440 . .. . ... . 0 e CALIFORNIA State of before me, CASSIE s. SCHIEBELFNOTARY PUBLIC uame ana tie of W 1e.q.. ;Isna Doe. Namy PUWC? On personally appeared .. Sate FTILLIAM W. GEARY, JR. xameisi d Siqnerrst, Xpersonaliy known to me -JX 1 to be the personw whose name0 idaesubscribed to the within instrument and acknowledged to me that helsWWy executed the same in his/h&€hmr . authorized capacity(i), and that by --:a- .I . . -- I_ " - executed the instrument. *> A OPTlONA L .! Though the information below IS not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of fhrs form to another document 1 Description of Attached Document Title or Type of Document: T DEFT) 2 3 f Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 1 Individual 3 Corporate Officer Title(s): Partner - - Urnited Z General - - - - Attorney-in-Fact - 2 Trustee 1 Guardian or'Conservator I 1 Top at mumo nere - A Other: ! I 1 Signer Is Representing: I 1 \ .. .. Signer's Name: 4 -. 6 - '3 - individual '2 5 Carporate Officer 9 Ttie(s): 6 - Partner - 1 Limited Z General - Attorney-in-Fact 3 - . 5 - - - Trustee t Top 01 I Guardian or Conservator - Other: - I .. I mmo nere i I 2: Signer Is Representing: I I I b 1995 National NO:aryASsoOalm - 8236 Remmet Ave . P.0 Bcx 7184 - CaMqa Pan. C.4 91309-7184 PrW. NO. 5907 Rwmsr. CaU Toll-Free 1-800-876-6627 43s .. CALIFORNIA State of LOS ANGELES County of . - CASSIE S. SCHIEBEL, 'kOTARY PUBLIC before me. kame ana Tule of ofhcer ie.p.. -Jane Doe. Noraw Pukbc') /R /P 9d- ' Dace WILLIAM w. GEARY, JR. AS ATTORNEY IN FACT FOR ABRAHAM KEH, GENERAL PARTNER OF ,: to be the personN personally appeared I Tn WFR P~R nF OED I N SAN D I ECO COUNTY %%%k%% UNDER DOCUMENPF$G xersonally known to me - OR - . whose name($) islap subscribed to the within instrument and acknowledged to me that he/.she&ey executed the same in hislh&heir authorized capacity(iesj, and that by hishe&hir signaturew on the instrument the person(+ or the entity upon behalf of which the personCp3 acted. executed the instrument. WITNESS my hand and official seal. I, c~m'aiion # 1 173956 jqnaarn of Notary Publlc OPTIONAL > Though the information below IS not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reaftachment of this form to another document > c > I* 5 8 5 ,+ Description of Attached Document 4 GRAITT DEED c* 2 Ttle or Type of Document: 5 Document Date: Number of Pages: c; Signer(s) Other Than Named Above: 5 Capacity(ies) Claimed by Signer(s) . 5 4 '5 Signer's Name: ~i 1 1 i am w . Cp;lrv. . Signer's Name: - Individual - Individual - Corporate Officer - Partner - ~LI Limited Z General - Trustee - Trustee - Guardian or Conservator - Other: , - Other: r c' .$ 4 9 - - 4 .A - - - Corporate Officer - Partner - 1 Limited Z General - Attorney-in-Fact - Guardian or Conservator Trtle (s): - - Ttle(s): Attorney-in-Fact - - 2! - - - - - - Signer Is Representing: Signer Is Representing: .. , .. - c: .'J Title(s): n <y d 3 Attorney-in-Fact 3 Partner - Z Limited - General 0 Title(s): -si .q h C Partner---= Limited C General . . ' - Attorney-in-Fact -. CALIFORNIA State of LOS ANGELES County 'of CASSIE S. SCHIEBEL, UOTARY PUBLIC On c . /8,/99 B before m'e, Y Nam ana tUc of O!hcer ie.9.. -Jane Doe. Ncafy Puabcl ' Date W I LLI AM W. GEARY .JR. AS ATTORNEY IN FACT FOR FRANCES T. KEH GENERAL PARTNER OF personally & RECORDED appeared IN SAN IID R 4p 1998 5 1998 Xpersonally known to me - w. - - the to be the person(H . whose name@ is/ap subscribed to the within instrument and acknowledged to me that he/- executed the same in hidhedtbeir authorized capacity(ie&and that by hishrhher . signature@+ on the instrument the person(+, or the entity upon behalf of which the personwacted. executed the instrument. WITNESS my hand and official seal. A ..; 4. OPTlONA L * 8 c; A Thougn the informanon below IS not required by law. it may prove valuaDle to persons relying on the document and could prevent fraudulent removal and reattachment of this form to anomer document. 4 ,. ? .: .J 4 Description of Attached Document litle or Type of Document: GRANT n?En Document Date: Signer(s) Other Than Named Above: \I > 4 ,? 3 'i e c 5 Number of Pages: '. 4. Capacity(ies) Claimed by Signer(s) ,:. .. .. .. . . .. .. .. .. -. .. . . .. .. .. . .. ;... . .I _I 4 . CALIFORNIA State of LOS ANGELES County of /B A948 before 'me. ' personally appeared CASSIE S. SCHIEBEL,/."NOTARY PUBLIC \. 0'- I tL I AH w. G~RY, JR. ATTORNM ::am *M fiW Ol Ower 1e.q.. -- Puthe? IN FACT FOR FRANCES T. KEH GENERAL PARTNER OF - OAK SHADOWS BUllDlNC COMPANY UNDER 'j;(personally known to me -8R 7 to be the person(# whose name(gl is/- subscribed to the within instrument and acknowledged to me that he/- executed the same in his/hed#wa * uthorized capacity(i@, and that by . .. his/he&beir signature&) on the instrument the person(& 4 or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL A. .. 9 Though the information below IS not required by law. it may prove valuable to persons relying on rhe dowment and could prevent .. c. Iraudulenr removal and reartachmen? of this form to another document Description of Attached Document .. d i: 9 4 Trtle or Type of Document: -DEED e' Document Date: Number of Pages: .. J '4. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) . Signer's Name: 3 Signer's Name: 2 5 L $ h 5 c- I 2 Individual 5 Corporate Officer Ttle(s): I Partner - Z Limited 5i Attorney-in-Fact Z Trustee I Guardian or Conservator Z Other: General I II Signer Is Representing: Z individual Z Corporate Officer Title(s): 1 Partner - 1 Limited 1 General Z Attorney-in-Fact c - Trustee - Guardian or Conservator . - C Other: Top or mmt, here I I Signer Is Representing: I ::::.: .. ,.:j:: :::... ... ... ::j ... ... :.: .... :::;-: ... .. .. ._.. .. .i& : .p: '1 . j iii :. '$; it$ ih j iiij je 1 I r i I i! I .i .... ~~ i;i i * P il P d ti P I! a i 6L P ----k-= f LI . .. i i i I 5 f 4 k ir 5 $37 . . . . . . . . . .. ...._. . . .. . - .- . ...... .. , % -9 ......... ............. - .... ............ ...... ........ 1 0 20 U a, a, S v) a, L 2 U 1 C m E a c a 0 c s a a m -0 C m -I :: i"4' !,a U 0. C 0 W al a m U v) -0 C 8 4 I Q r--- i Y In I- w cn Y i' r- ca 0 Y c Y _I' *f I 4 d z _I w 1 w I c w w U 2 w I c & 4 4 4 z a f C m a - 8 C m C W C m W Q m U v) -0 8 U .- 5 3 C (d Q (u 0 C ii c 8 8 4 e, Q v) u 8 1 i 1 f f f i f i I f E c I I i 6 309 f ! ! ! i I I I I ! I I I I ~ j i i ! j I I ! i 1 i I i ! I I 1 P I 3 I ! 3 r' 313 / / /I 2 8 P 4 ?h 31b 317 / I r- 1 w E r .- m .- E U 4- I e w a w Q 5 s 5 October 10,2004 Leo Noviello 5448.Wolverine Terrace Carlsbad, Ca 92008 The City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, Ca 92008 EXHIBIT 9 RE: Rezoning of the Cantarini Ranch Project Until one year ago when I purchased a home at The Terraces at Sunny Creek, I had lived in a home I had purchased firteen years ago in Oceanside. Like others who have selected to live in Carlsbad, I respected the developments that had already been built under the guidance of the Carlsbad Planning Department. The tastefully planned neighborhoods gave me confidence in the city of Carlsbad as it planned the last 20% of its land area to be developed. Now, a year after I purchased my home, a developer is seeking to change the 20 Year Plan that has been in place for the Holly Spring area adjacent to Sunny Creek, where I live in Carlsbad. The change requested by the developer, to DOUBLE THE NUMBER OF UNITS to be built on the SAME land space, from 43 to 105 single family homes and ADDING 80 apartment units, will endanger wildlife within that space, and increase traffic and noise, thus lowering the value of already existing nearby homes such as mine. Finally, as a Carlsbad taxpayer, I resent that I was not notified of such a change that will negatively affect my home value. The other 171 residents of the Terraces at Sunny Creek also have a right to such information. Thank you. 323 JII&ANTJE HJERPE James & Antjc Hjerpe 5482 Wolverine Terrace Cnrlsbad, Ca. 92008 October7,2004 City of Carlsbad Planning Department 1635 Faraday Ave. Carlsbad, Ca. 92008 .. RE: General Plan Amendment, Zone change for the Cantarini Ranch Project We purchased a home in the Sunny Creek / Terraces of Sunny Creek in October 2003. We spent over two years visiting San Diego and researching the area before we decided to select the Sunny Creek development as our retirement home. One of the main reasons we purchased at this location was due to the open area and low-to-medium density residential zoning behind our home. We felt that the zoning would provide us privacy as well as increased home value for us, our children and grandchildren. The developer, Concordia, specifically presented the current zoning and highlighted it as one of the benefits of the development location. The idea of maintaining the peaceful views onto the creek, the green belt and the hiIls was and is very important to us as well as many of our neighbors. Looking at the 20 year General Plao at that time, left us assured that any future construction would be limited to low-medium density housing (0-4 dwelling units per acre). Not only are we concerned about rezoning to higher-density homes in terms of its impact on adjacent home values, but we are also concerned about the added traffc, associated noise, and that the area is a sanctuary to all kinds of wildlife which would be negatively affected by high-density building as well. We would have never purchased a home at this location if we had known that the City of Carlsbad would consider changing the density zoning. We appeal to the City of Carlsbad to reconsider and to leave the zoning as it is now recorded. Thank you for your attention, /&g& Jim & Anti 'we Q02 Oct 16 04 09:37a Linda Farnsruorth Carek 760-438-9765 October 16,2004 ATTN: Barbara Kennedy Ci of Carlsbad Planning Dept. 1635 Faraday Avenue Carlsbad, CA 92008 James Carek and Linda Famsworth Carek 5544 Foxtail Loop Carlsbad, CA 92008 RE: Zone Change for Cantarini RanchRlolly Springs Dear Barbara, We were recently notified by mail of the upcoming public hearing in which you will be considering a change in the zoning of the farmland behind our house in the Terraces at Sunny Creek. We bought our house two years ago because of the wonderful rural location and access to many hiking and mountain biking trails that stretch from the far South end of Sunny Creek Road to Lake Calavera and the gnat catcher preserve. In the mornings we can hear horses neighing and roosters crowing. This seems to be the last truly rural place in Carlsbad. The current low density zoning would keep the rural feeling of this area, when the farms behind us do decide to self their land. As you well know there are plenty of new housing tracts being built all over Carlsbad to provide for the needs of our growing population. We plead with you to leave the zoning in this area as it is, and keep what seems to be the last of Carlsbad's open land a paradise for hikers, horses. bunnies, birds, and even the coyotes! Sincerely, Linda Famsworth Carek James Carek October 19,2004 Frank Whitton, Chairperson Carlsbad Planning Commission 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Subject: CantariniEIolly Springs Final EIR Dear Chairperson and Commissioners : Preserve Calavera is a non-profit grassroots organization whose goal is the protection and preservation of the largest remaining contiguous native habitat in a coastal north county city- the Calavera area of northeastern Carlsbad. Our organization is not proposing no development in this area- but we are proposing responsible development that minimizes the impacts to the sensitive natural resources of this area. The Cantarini/Holly Springs projects will have significant adverse environmental impacts- many of which cannot be mitigated. Our community volunteers have been working with your staff for almost two years to reduce these impacts. We appreciate that the project today is substantially improved from what was proposed earlier, and thank your staff for the many changes that have been made during this time. However, there remain three issues that have not been resolved : protection of the regional wildlife corridor, wetlands, and wetlands buffers. We believe these issues are central to the success of the entire conservation plan for this core habitat area. What staff has done with their approval is consistent with the practices of the past. But past practices need to change if we are to have any hope of retaining the biological function of this area, and a healthy Agua Hedionda watershed. Without adequate wildlife corridors and wetlands protection the Habitat Management Plan of the city of Carlsbad will be just a pile of paper . We believe that now is the time to change these past practices and are asking for your support. Attached are summaries of these three issues that provide further explanation as to why we recommend that you reject this EIR until these issues are fully addressed. Sincerely, Diane Nygaard On behalf of Preserve Galavera cc: Don Neu , Barbara Kennedy 5020 Nighthawk Way - Oceanside, CA 92056 www.preservecalavera.org Wildlife Corridors- Cantarini/Holly Springs - Issue Summary What is Proposed The pkimary regional wildlife corridor through the northeastern portion of the project site will average about 700 feet in width. The existing secondary corridor along the wetlands will be destroyed. A proposed secondary corridor through the project site will be bisected by two road crossings- “J” and “P” streets. The EIR states “the revised hardline preserve area largely satisfies the goal to provide connectivity between habitat core areas through preservation of the 700-foot corridor within the northeastern portion of the site.” Issues Protection of core habitat and wildlife corridor linkages are the basic building blocks for the regional conservation plan. The MHCP guidelines are for a 1,000 foot minimum corridor width. All of the regional MHCP guidelines are incorporated by reference in the city’s HMP. The EIR must therefor identify this failure to meet the regional standard- and assess the impacts of reducing the corridor width. The functional width of the primary corridor is significantly less than 700’. The corridor includes crossing by a new road and a pedestrian trail- both of which add direct and indirect impacts on the wildlife using the corridor. Function is further degraded by the SDG & E easement road which is along the eastern edge of the corridor- an area that is regularly graded and is devoid of plants- cover necessary for the movement of small mammals and amphibians. The HMP pages D 66 and 67 states the goal is to “maintain and enhance a habitat linkage across Linkage Area C and adjoining Core Areas 3 and 5.” What is proposed is clearly not an “enhanced” linkage. There is a significant land use adjacency issue with the Ocean Hills Country Club. residential area in Oceanside that forms the eastern border of the corridor. Edge effects from this residential community must be taken into account. This neighborhood recently trapped and killed coyotes- the predator species that is essential for the health of the natural ecosystem. Residents have placed wildlife feeding and watering stations along the fence line- even into the corridor. With such a constrained primary corridor- improved secondary corridors could serve to mitigate these compromises . However, the secondary corridor includes two road crossings, is very narrow and will be subject to even greater edge effects than the primary corridor. Preserve Calavera Proposal Our proposal is to first adequately evaluate the corridor- then to revise project footprint and Mitigation and Monitoring Plan to assure the linkage will work as intended. Without this linkage the city’s entire conservation plan is compromised. 32 7 Wetlands Impacts- CantaridHolly Springs - Issue Summary What is Proposed The Cantarini project will include impacts to key wetlands and four wetland habitats including freshwater marsh, southern willow scrub, mule fat scrub, and southern coast live oak riparian forest. Issues 0 San Diego county has lost over 90% of its historic wetlands. Protection of the remaining wetlands is recognized as a critical issue for our natural areas- which is why wetlands are protected under federal law, state law, the regional MHCP, and the city of Carlsbad’s HMP. 0 The final MHCP approved in March 2003, included clarification of the regional guidelines for wetlands protection- guidelines that are required to be followed in all north county cities. This MHCP language includes: “Projects that propose to impact a wetland must demonstrate with substantial factual evidence that the impact is essential to maintaining some economic or productive use of the property and that no feasible alternative would eliminate or minimize the impact or otherwise result in greater biological value. If impacts to wetlands cannot be avoided while maintaining economic or productive use of the property, an evaluation of biological functions and values shall be made based on the best available science.. .Any unavoidable impacts to wetlands must be mitigated to result in no net loss of wetland vegetation acreage and biological function ...” The EIR fails to demonstrate compliance with this basic requirement of the MHCP to protect wetlands- a requirement to first avoid, then to minimize, and only as a last resort to mitigate for impacts to wetlands.. 0 Mule fat scrub habitat is essential for the recovery of the endangered least Bell’s vireo. There is acceptable habitat on site- protecting such areas of historic use are part of the species specific objectives of the regional and local conservation plans. 0 Oak riparian habitat in much of the Agua Hedionda subwatershed is in critical decline. A single mature tree can have a 90’ dripline and support 130 different species. Replanting young trees could take 200 years to return to an equivalent biological function. Preserve Calavera Proposal Full compliance with requirements for wetlands protection must be demonstrated before this project should proceed. Wetlands Buffers - CantaridHolly Springs Issue Summary What is Proposed Both the Cantarini and Holly Springs projects propose wetlands buffers that are insufficient to protect the function of the wetlands. Issues e The MHCP describes the function of buffers and includes a general guideline for a 100 foot buffer from each bank with an additional 100’ wide planning area. Such buffers support the natural function of creeks- allowing for normal variations in alignment and changes to the vegetation in the riparian corridor. e The EIR only discusses wetland buffers in terms of changes to the proposed hardline preserve boundaries- and not as wetland or hydrology issues. In many cases the proposed buffer is now only 25’ wide, in an area of steep slope, with softscape instead of controlled run-off at the top of slope, and with a horse trail within less than 25 feet of the riparian habitat. Each of these factors can adversely impact the wetlands habitat and potentially both the hydrology and the function of the creek. e Placing a road within a wetlands buffer was assumed to be acceptable as it was concluded this is less damaging than residential lots. Wildlife follow riparian corridors so placing a road along a creek can potentially cause significant roadkill. Furthermore this area of steep slope, with no undercrossing makes the road a more formidable barrier than one across a level area. The road impacts the wildlife corridor- and these impacts should be assessed. e This area is all part of the Agua Hedionda subwatershed which drains to Agua Hedionda Lagoon- a waterbody impaired for siltation and coliform contamination.. The area is contiguous with the largest remaining core habitat in a coastal north county city. Both the watershed and the core habitat are showing significant cumulative impacts from increasing development in this area. There will be a point where these cumulative impacts are irreversible. We need to take action now to protect the little that is left- before it is too late. ’ Preserve Calavera Proposal The buffers need to be included as part of a comprehensive re-look at the impacts to the wetlands in this area- and the cumulative impacts to the entire Agua Hedionda sub- watershed. Protection of these wetland and wetland buffer resources needs to be built in to the project review and approval process. Project designs like this should be rejected long before the final EIR. Revising these procedural issues now, as Carlsbad plans to assume responsibility for managing its own take permits , is absolutely essential. 339 From: "Rick Fielden" <rforacle@hotmaiI.com> To: <dneu@ci.carlsbad.ca.us> Date: 10/19/2004 10:18:14 AM Subject: Cantarini/Holly Springs Mr. Neu, I have some serious concerns about the above referenced project. Can you pls convey this to the City Council as I feel they need to approach this from the 'Big Picture' standpoint. Thanks, Rick Fielden 3729 Saddle Drive Carlsbad From: "Julie Mallet" <griL!@cox.net> To: <dneu@ci.carlsbad.ca.us> Bate: 10/17/2004 7:31:22 PM Subject: Please hear my concerns CantarinVHolly Springs Dear sir: I can not attend the meeting on 10-20-04 but have great concerns about the Cantarini/Holly Springs projects. I live and use the Calaveras area for recreation and education of my family/friends. If the project is allowed to proceed in core Calaveras habitat, it will adversely effect wetlands and the regional wildlife corridor. I would expect and want the the city needs to be in full compliance- which means 1,000 feet wide with the MHCP which includes good standards for wildlife corridors. Thank you for hearing citizens and our needs, wants and concerns. Sincerely, Julie Mallett 331 From: "Ciocca, Teresa" <Teresa.Ciocca@respironics.com> To: <dneu@ci.carlsbad.ca.us> Date: 10/18/2004 9:53:09 AM Subject: Calavera Hills Preserve Good morning Don, I was given your email address by the Preserve Calavera group. They are encouraging people to contact you and let you know how important we feel it is to preserve as much open space as possible. One large issue is the Cantarini/Holly Springs projects. I believe the issue is the size of the wildlife corridor. I know that there are other issues as well. What I want to do is to encourage you to do what you can to help the remaining wildlife in our area. I know that there is a housing shortage and the need for housing is at an all time high. I have lived in the Calavera Hills area since 1993 and have seen skunks, opossum, raccoons, rabbits, wild cats, coyotes, eagles and hawks. There are numerous flocks of ducks and geese visiting the lake and a cave filled with bug-eating bats on the mountain. We have also seen smaller animals: frogs, snakes, lizards and many different types of birds. As I am sure you are aware, if we loose the predators, we will be overrun with the smaller animals such as rats and rabbits. The predators need the wildlife corridors in order to avoid inbreeding. Also, the predators will tend to leave peoples' pets alone if they have enough habitat to hunt on. The Calavera Hills ecosystem is fragile. Please do what you can to enable this ecosystem to survive. Please help us to coexist with the local wildlife and maintain a preserve for our children and grandchildren. Teresa Ciocca ........................................................................ __-_-----___________---------------------------------------------------- CONFIDENTIALITY NOTICE This message, together with any attachments, may be legally privileged and is confidential information intended only for the use of the individual or entity to which it is addressed. It is exempt from disclosure under applicable law including court orders. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copy of this message, or any attachment, is strictly prohibited. If you have received this message in error, please notify the original sender and delete this message, along with any attachments, from your computer. _____-__________--_--- From: cbwsheehan@worldnet.att.net> To: <Planning@smtp.ci.carlsbad.ca.us> Date: 10/17/2004 7:15:46 PM Subject: A visitor to the City of Carlsbad Web site has completed and posted the "Contact Us" form to department, Planning. CITY OF CARLSBAD I CONTACT US .............................................. FOR SECURITY REASONS, DO NOT CHANGE THE SUBJECT LINE. .............................................. Below, please find the information that was submitted: Attn:Don Neu.i'm so concerned about the overdevelopment of our wetlands.Please work with local groups over the CantarinVHolly Springs project and protect our wildlife.l've lived in Carlsbad since 1986 and am sickened by all the development and traffic.We used to hear the cayotes every night as they hunted in the hills. Now they are gone and once in a while I see a lone straggler in the early morning hours hunting cats!! or in the daytime! looking confused and scared. Beverly Sheehan 4880 Sevilla Way Carlsbad, CA 92008 USA bwsheehan@worldnet.att.net Mozilla/4.O (compatible; MSlE 5.5; Windows 98; AT&T WNS5.0; AT&T CSM6.O; FunWebProducts) 12.72.57.63 333 From: TO: Date: Subject: Toby Jordan <oidocat@yahoo.com> <dneu@ci.carlsbad.ca.us> 10/20/2004 7:14:34 AM doing what is right Hello Mr. Neu, I would greatly appreciate it if you would relay my concerns on the final EIR for the Cantarini/Holly Springs projects. This housing development in core calavera habitat will adversely effect wetlands and the regional wildlife corridor. I am unable to attend this hearing and show my support for protecting this area. I am emailing you to express that if we do not abide by certain standards we will loose everything! There will be nothing left for our children to enjoy except pollution and concrete. San Diego county has lost over 90% of its wetlands and we can't afford to lose any more. The MHCP includes good standards for wildlife corridors and the city needs to be in full compliance- which means 1,000 feet wide (not the 700 feet they propose with a road and trail going through it). Please stop the greed! I beg of you to hold strong and make these people understand what we are about to loose and can NEVER get back! A Concerned Resident and Protector of the Environment Toby Jordan Do you Yahoo!? Yahoo! Mail Address AutoComplete - You start. We finish 33.t Planning Commission Minutes October 20,2004 Page 12 EXHIBIT 10 5. 1) EIR 02-02 - CANTARlNllHOLLY SPRINGS JOINT EIR; 2) LFMP 15IC) - CANTARlNllHOLLY SPRINGS; 3) GPA 01-09/ZC 00-05/CT 00-1 8lSDP 01-1 OlHDP 00- 09/SUP 00-09 - CANTARlNl RANCH; and 4) GPA 00-06/ZC 00-09/CT 00-21lHDP 00- 12 - HOLLY SPRINGS - Request for 1) a recommendation of certification of an Environmental Impact Report, and recommendation of adoption of the Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; 2) a recommendation of approval for the Zone 15 Local Facilities Management Plan Amendment; 3) a recommendation of approval for the General Plan Amendment, Zone Change, Tentative Tract Map, Site Development Plan and Hillside Development Permit, and approval of a Floodplain Special Use Permit for the development of the Cantarini Ranch project which includes a 105-lot single-family residential subdivision, associated open space lots, and an 80-unit mixed-rate apartment project; and 4) a recommendation of approval for the General Plan Amendment, Zone Change, Tentative Tract Map and Hillside Development Permit for the development of the Holly Springs project which includes a 43-lot single-family residential subdivision and associated open space lots. The projects are generally located north of El Camino Real and east of the new intersection of College Boulevard and Cannon Road in the L-C and R-A-10,000 zones, in the Sunny Creek Specific Plan Area (SP 191), and within Local Facilities Management Zone 15. Mr. Neu introduced Item 5 and stated Associate Planner Barbara Kennedy would make the staff presentation. Chairperson Whitton opened the public hearing on Item 5 and acknowledged that the Commission did receive a number of letters from residents and a letter from Preserve Calavera. Mrs. Kennedy stated that the projects include both the Cantarini Ranch and Holly Springs subdivisions. The Cantarini Ranch project also includes an 80-unit mixed-rate apartment project. A joint EIR has been prepared for the development proposals and the Zone 15 Local Facilities Management Plan has been updated. The two sites encompass approximately 277 acres, with about 157 acres within the Cantarini Ranch area and 120 acres within in the Holly Springs site. The sites are located north of El Camino Real, east of future College Boulevard, and south of future Cannon Road Reach 4. The City of Oceanside borders the Holly Springs site to the east and Open Space preserve lands are located to the north. The rest of the surrounding area consists primarily of agricultural lands, undeveloped parcels, and horse boarding stables. The applicants are requesting a recommendation of approval for Certification of a Final Environmental Impact Report which was prepared for the two projects, and approval of an amendment to the Zone 15 LFMP. The applicant for the Cantarini Ranch subdivision is requesting approval of a General Plan Amendment, Zone Change, Tentative Tract Map, Site Development Plan, Hillside Development Permit, and Floodplain Special Use Permit. The applicant for the Holly Springs subdivision is requesting approval of a General Plan Amendment, Zone Change, Tentative Tract Map, and Hillside Development Permit. The Sunny Creek Specific Plan covers portions of both projects, and was developed to protect environmental features of the area. The plan contains standards to ensure development with a rural character and requires 1/2 acre minimum lot sizes for these two projects, with a transition to larger lots in the undeveloped areas towards the east and south. The Cantarini Ranch project includes a subdivision of 105 single-family lots which are a minimum of 1/2 acre. An 80-unit multi-family site is proposed near the northwest corner. The Holly Springs subdivision includes 43 lots which are also 1/2-acre minimum. The City’s HMP identified “hardline preserve areas” for these two sites and about 120 acres will be set aside as open space preserve, which is equivalent to 43% of the entire project area. The existing General Plan Designation for the Cantarini Ranch property is primarily RLM which allows a density of 0-4 du/acre. A small area around some of the wetland features is designated as Open Space. The Proposed General Plan designations are: RLM for the single-family residential portions of the site, OS for the open space lots; and a new designation of RMH on the 6.21-acre multi-family site. The RMH designation allows a density of 8-1 5 dwelling units per acre, which would be consistent with the proposed density of 12.88 du/ac. Planning Commission Minutes October 20, 2004 Page 13 Staff is recommending approval of the RMH designation on the multi-family site because it reflects a clustering of the allowable density. According to the constraints map, 324 dwelling units could be ’ constructed on the Cantarini property. A total of 185 units are proposed which results in the project being 139 units under the growth management control point. There are some overriding factors that limit the development potential of the property. Specifically, a large amount of land is required for open space under the City’s draft HMP. Also, the number of units which can realistically be achieved under the Sunny Creek Specific Plan’s 1/2-acre minimum lot size requirement make it impossible to achieve the densities anticipated. Given these factors, a clustering of the density was supported for the multi-family site in order to come closer to providing the number of units allowed for the property, and to provide the required inclusionary housing component for the developments. Similarly, the Holly Springs property has an existing General Plan designation of RLM & OS. The proposed General Plan designations would modify the boundaries of the existing RLM & OS designations to reflect the single-family residential and Open Space preserve areas of the site. According to the constraints map, 278 dwelling units could be constructed on the Holly Springs property. A total of 43 units are proposed which results in the project being 235 units under the growth management control point. For both projects combined, 374 units will be allocated to the excess dwelling unit bank. A Zone Change is also required for the projects. The existing zoning on the Cantarini site is L-C, which is an interim zone where planning for future land uses has not been completed. Also, a small segment in the northeast corner of the site is zoned R-A-10,000 which requires a minimum lot size of 10,000 square feet. The proposed zoning for the single-family residential area is R-1-0.5-Q which would require a % acre minimum lot size. The “Q” overlay is typically applied to properties which are characterized as hillside development or have other unique features such as high visibility from a Circulation Element roadway. The “Q” overlay requires architectural review of any future production homes through the Site Development Plan process. The RD-M zone proposed for the multi-family site is consistent with the RMH General Plan designation, and the Open Space zone would be applied to the habitat preserve areas. Similarly, the current zoning for the Holly Springs site is L-C. The proposed R-1-0.5-Q zone would reflect the areas proposed for single-family residential development and the OS designations would be applied to the open space habitat preserve areas. With regard to the “Q overlay on this property, a Site Development Plan would only be required if production homes are proposed on the lots. The applicant’s intention is to sell these lots as custom home sites, and an SDP would not be required for construction of an individual residence. A number of discretionary actions are also required for the Cantarini Ranch and Holly Springs projects. These include Tentative Tract Maps and Hillside Development Permits for both projects, and a Floodplain Special Use Permit and Site Development Plan for the Cantarini Ranch project. The 156.72-acre Cantarini Ranch property would be subdivided into 105 single-family residential lots with a minimum lot size of % acre. The 6.21-acre lot near the northwest corner of the site would be used for the 80-unit apartment project. The HMP open space lands would be included within several lots for a total of about 59 acres of open space preserve and several additional lots along the “through streets” will be used as enhanced landscape areas with meandering sidewalks. There are also two remainder parcels near the south end of the site that will be consolidated with other properties for future development. The Cantarini project is conditioned to construct the College Boulevard frontage improvements adjacent to the subdivision boundary, as well as some off-site improvements. Two points of access will be provided to the development from College Boulevard, and the plan provides for future access to undeveloped parcels to the south and east. The Cantarini and Holly Springs projects are dependent upon each other for access and the Cantarini development will need to construct Street “P through Holly Springs, to access the eastern development areas. The 11 9.85-acre Holly Springs property would be subdivided into 43 single-family residential lots, with a minimum lot size of 1/2 acre. The HMP open space area would be included within several open space lots for a total of about 61 acres of open space preserve. There are also several HOA lots adjacent to the ”through street” for enhanced landscaping. The Holly Springs site also includes a 19.3-acre remainder parcel that will be designated as open space. The projects were designed to comply with the Sunny Creek Specific Plan which was originally developed to ensure protection of environmental features and to maintain the rural estate character of the area. Both projects meet these objectives in several ways. The critical habitat areas and linkages have been preserved, in accordance with the HMP, and this includes a 700-foot wide wildlife corridor along the Planning Commission Minutes October 20, 2004 Page 14 eastern boundary which will connect to other preserve areas north and east of the site. The subdivisions have been designed using single-loaded streets adjacent to the preserve areas in order to maintain and preserve public views into the open space. Unique lot designs were used, including panhandle lots, cul- de-sacs, and some lots with shared driveways to re-enforce the rural quality of the area. These unique lot designs were developed to reduce grading quantities and to preserve the natural topography and ridgelines of the site. Pedestrian connections between cul-de-sacs are also provided where practical. Multi- use DG trails will be provided within the right-of-way adjacent to the open space areas and the “through streets” have been designed with wider landscape buffers and meandering sidewalks. The landscape plan has been design with a rural character, with randomly spaced trees, informal plant groupings, and mounding and natural rock outcroppings where feasible. The walls and fencing also have a rustic character; with stone walls, stone pilasters, heavy wood or stucco walls, and wrought iron view fencing where appropriate. These rustic details will also be incorporated into the design of the new bridge. Both projects also include a portion of a City-wide Trail Segment as well as a network of community trails. The DG trails, are multi-use trails and may be used by pedestrians, cyclists or equestrians. A number of off-site improvements will be constructed with the Cantarini Ranch development. These include: the College Boulevard core improvements from Sunny Creek Road to the new Cannon/College intersection, construction of Basin BJ near the southeast intersection of Cannon and College, and construction of the bridge over Agua Hedionda Creek. The environmental impacts resulting from these improvements were previously analyzed in the EIR prepared for the Calavera Hills Master Plan, Phase II project. The applicant will be required to implement the required mitigation measures for these off-site improvements. One other discretionary action ,will be required prior to construction of College Boulevard. The Rancho Carlsbad RV storage and garden area is currently located in the vicinity of Basin BJ and a Conditional Use Permit will be required for relocation of the storage area to another site. Both subdivisions will be mapped in phases. Staff supports the phased mapping with the condition that all of the maps are approved concurrently, with the exception of the final phase for Holly Springs, so that the grading can occur over the entire site to allow for a balanced grading operation. The phased mapping will allow the open space to be dedicated at the beginning of the project and the endowment for the maintenance and management can be accepted. The phased mapping will benefit the developer by allowing release of bonds after each phase is completed, rather than at the end of the entire project. Hillside Development Permits are required for the two properties since they each have slopes of 15% or greater, and elevation differences greater than 15 feet. The projects comply with the following Hillside Development standards: the developments avoid qualifying natural slopes with over 40% gradient; the grading volumes are in the acceptable ranges and result in a balanced grading operation; the manufactured slopes are all 40 feet or less in height, except for one small section on Lot 17 on Cantarini Ranch but this slope is exempt since it is associated with the grading for a Circulation Element roadway; slopes that are over 20 feet high and over 200 feet in length will be contour graded and all manufactured slopes will be landscaped with non-invasive species; the curvilinear roadway design complements the natural, undulating topography and does not. alter the physical and visual quality of the hillsides; the natural hillside drainage networks will be utilized and enhanced, and runoff will be directed to several locations within the open space areas; both projects contain areas with over-height walls, and approval of a Modification to the Design Standards is required. The hillside regulations allow a maximum wall height of 6 feet. A retaining wall with a maximum height about 20 feet is proposed on the Cantarini site on the west side of “I” Street. Two walls with maximum heights of about 13 and 22 feet are proposed on the Holly Springs site. These walls are required to reduce the impacts of grading on the adjacent wettand habitat areas. Staff can support the height increase since it would reduce the grading impacts on sensitive vegetation. Also, the walls are not highly visible since they are located downhill from the roadway and will be screened by the dense wetland vegetation. Conditions are included to construct the walls with a natural earth-tone block, and the walls will be planted with non-invasive native plants to screen the walls. 337 Planning Commission Minutes October 20, 2004 Page 15 A Floodplain Special Use Permit is required for off-site improvements, which are located within a 100-year flood plain. These improvements include: Basin BJ, the extension of College Boulevard which cross Little Encinas creek to the north, and the new bridge over Agua Hedionda Creek to the south. Hydrology studies have been reviewed by the Engineering staff, and all of the off-site improvements were reviewed under the EIR for the Calavera Hills Master Plan Phase 11. The improvements have also been reviewed by the responsible agencies (USACE, RWQCB, CDFG, USFW) and permits have been obtained. The Cantarini Ranch project is conditioned to ensure that a Letter of Map Revisions, showing the revised limits of the floodplain, will be formally processed through FEMA. The Cantarini Ranch project requires approval of a Site Development Plan for the proposed 80-unit apartment project. 35 of the units will be used to satisfy the inclusionary housing requirements for the two projects. The 6.21-acre site will have a new General Plan Designation of RMH, and the project results in a density of 12.88 du/ac, which is within the allowable range of 8-15 du/ac. The site will also have a new zone designation of RD-M. The project has been evaluated for compliance with the development standards of this zone, and these standards are outlined in detail in the staff report. Half of the units will be rented at market-rate and the remaining 40 units will be set aside as low-income housing for families with income levels at 70% of the Area Median, and 10% of the affordable units must be 3-bedroom or larger. In addition to satisfying the inclusionary housing requirement for the Cantarini Ranch and Holly Springs developments, 5 units will be available for housing credits for other projects within the quadrant. There are two access points to the project from “C” street for the apartment project. The interior circulation system encircles the buildings, and the parking areas are evenly distributed around the perimeter of the site. The four apartment buildings are located within a centralized “green area” which allows for pedestrian connections between the buildings without the need to cross a street. Each building contains a mix of one, two and three bedroom units that range in size from 608 square feet to 1,027 square feet. In addition, a private balcony or patio is provided for each unit. The project includes a connection to the open space trail system with an overlook area at the connection point. Convenient pedestrian access is also provided to the bus stop. The community recreation area serves as a focal point at the primary project entrance. The proposal includes a 2,000 square foot community building, with a large community room, a kitchen area, an exercise room, offices and laundry facilities. There are also a number of active and passive recreation features including a tot lot, pool, children’s wading pool, patio seating areas, and large expanses of turf. The buildings exhibit a contemporary architectural design, with Craftsman elements such as exposed rafter tails, hipped roofs, arched wall openings, window surrounds, and wood railings. The buildings are three-story structures with two-story elements at each end. The combination of two and three-story elements, as well as the hipped roof design, helps to reduce the overall bulk and mass of the buildings. The exterior of the buildings will have stucco with a neutral color scheme, with a dark green trim on the wood elements. The roof is a brown asphalt-shingle roof. The community building has the same architectural style and is a one-story building. The projects are located within the Zone 15 Local Facilities Management Plan Area. An amendment to the Zone 15 LFMP was required to reflect adjustments to the General Plan land use designations and build-out projections. Changes were also made to the Public Facilities sections related to drainage, circulation, sewer collection system and water facilities. These revisions consider the conditions that have already been satisfied by other developments and are no longer needed, and those of which the timing of need has changed. The Facilities Financing section was also revised to provide additional details regarding th,e financing of the necessary public improvements within Zone 15. The Financing Plan for public improvements was an important component, and the applicant will be required to develop a financing plan that will be subject to approval by the City Council at a later date. To insure compliance with the required performance standards, the Cantarini and Holly Springs projects have been conditioned to comply with the General and Special conditions of the Zone 15 LFMP, as amended. A Joint EIR was prepared for the projects, in accordance with CEQA and the City’s environmental protection procedures. The draft EIR was circulated for public review on June 12, 2003. Comment letters were received, and also during that time, modifications were made to the plans, based in part on recommendations from the resource agencies. The revisions included removing the pond and dam and restoring the area to its natural hydrology, and redesigning of some of the roads and wetland crossings. Planning Commission Minutes October 20, 2004 Page 16 Because of these revisions, the City determined that the sections related to Land Use, Biological Resources, and Water Quality/Hydrology would need to be revised. These revised sections were circulated for review on June 2, 2004. The EIR contains a compete record of the proceedings including the initial Notice of Preparation, public scoping meeting, Notice of Completion of the draft EIR, the Re- circulation of Sections of the Draft EIR, the public comment letters, and the Responses to Comments. One of the big focuses of the EIR was to evaluate the changes between the existing “hardline” shown in the draft HMP, and the ”revised hardline” proposed by the applicant. In order to approve a hardline modification, it must be shown that the new hardline provides “equal to or better” preservation both in acreage and in species type. Mrs. Kennedy directs the Commission to a Power Point presentation to discuss the changes. As shown on the exhibit, the 700’ wide wildlife corridor along the eastern edge is maintained. It is important to note that the width of this corridor was negotiated as part of the HMP hardline agreement with the Wildlife Agencies. Other hardline modifications included: deleting the road along the southern boundary of the Holly Springs site, and adding a road segment on the Cantarini property. This new road segment provides a loop connection to ensure two ways in and out of the development. The length of the new road crossing over the preserve areas is 300 feet less than the road that was deleted. The draft hardline anticipated that roads would cross wetland areas in several locations. The wetland crossings in the vicinity of “A” and “I” Streets were modified due to the single- loaded road alignment along the west side of the open space area. The wetland buffer was also reduced along this single-loaded street, however it was determined that a functional wetland buffer would be provided between the wetland vegetation and the development areas. The single-loaded roadway design keeps the rear yards of the residential lots away from the open space preserve. It also reduces the potential for irrigation runoff and invasive plant species to adversely impact the wetland areas. The EIR concluded that the revised hardline was “equal to or better” than the original, but only if both projects were implemented. Due to shifts in property ownership lines, the Cantarini project was found to be deficient by about 1.86 acres. Therefore a mitigation measure was included to insure that the additional acreage would be provided if the Holly Springs project is not implemented concurrently. Mrs. Kennedy stated the EIR concluded that there were several areas of impacts. Impacts to Land Use Compatibility would result if the Holly Springs project is not implemented, because the Cantarini hardline would be 1.86 acres deficient; therefore, mitigation is included requiring the Cantarini project to provide an additional 1.86 acres of “equal to or better” quality habitat, if the Holly Springs project is not implemented concurrently. Impacts to Biological Resources were identified and include impacts to a number of sensitive vegetation communities, including wetlands. Impacts to these sensitive communities will be mitigated through on-site preservation, and a combination of other methods including off-site acquisition, off-site habitat creation, conversion of non-native grasslands, and payment of in-lieu fees as outlined in detail in the Mitigation Monitoring and Reporting Program. Potential impacts to California Gnatcatchers and breeding raptors can be avoided by removing vegetation outside of the breeding season. If removal is proposed during the breeding seasons, a qualified biologist will be required to ensure no nests are present or to ensure that adequate buffers are provided. The mitigation measures also include a requirement for Management of the Open Space preserve in accordance with the HMP. Components of this requirement include: approval of a Mitigation and Monitoring Plan by the City and Wildlife Agencies; a funding mechanism for long-term management of the open space; trails criteria for management of the trails system; Open Space Management and Maintenance Guidelines; and Contractor Education Program. Construction related impacts to Air Quality were identified and mitigation measures are included to reduce fugitive dust and construction-related emissions. Direct impacts from residential fixed-emissions were also identified and the Cantarini Ranch project will be required to install gas-burning fireplaces to reduce these potential impacts to less than significant. Noise impacts from traffic on College Boulevard were identified and sound walls will be required on all the single-family residential lots adjacent to College Boulevard. Interior noise mitigation is also required for these residential lots and the multi-family site, to insure that the City’s interior noise threshold of 45 dBA is not exceeded. Potential impacts to Water Quality and Hydrology could occur and mitigation measures are included to obtain necessary NPDES permits, and to develop a final Storm Water Pollution Prevention Plan and identify the necessary BMPs to ensure that no short-term impacts to water quality will occur. Geologic impacts resulting from the types of soils present on site will be mitigated through adherence with the recommendations contained in the project SoiVGeology report, and through conformance with City Engineering and design standards. Impacts identified for Hazards and Hazardous Materials will be mitigated though proper disposal in accordance with local, state and federal disposal regulations. Additional soils testing for agricultural 339 Planning Commission Minutes October 20, 2004 Page 17 chemical residues will be required for Holly Springs, prior to commencement of grading in any areas currently used for agriculture. No impacts to Cultural Resources are expected, but to address concerns of the Luiseno people, monitoring of the grading operations by a qualified individual is required. Finally, fossils could exist on the soils types found on the properties and a qualified Paleontologist is required to be on-site during grading operations. All of the impacts and mitigation measures are outlined in detail, in the Mitigation Monitoring and Reporting program, labeled as Exhibit “EIR B”, attached to the resolution for EIR 02-02. The mitigation measures in the resolution have been slightly modified from those included in the EIR and Executive Summary to further clarify and improve the mitigation measures. CEQA requires that a public agency must consider and adopt a Statement of Overriding Consideration for unmitigated impacts before approving a project. The EIR has identified a cumulative impact to Air Quality which arises from the marginal contribution the projects will make to the regional air basin conditions that currently fail to meet the standards. Justification for making the overriding consideration can be made due to the benefits that will result from implementation of the project such as providing a range of housing types, providing open space and preservation of sensitive habitat types, constructing Citywide road network improvements, and constructing Basin BJ which provides a vital link in the Citywide storm water management and flood control plans. Mrs. Kennedy stated there is an errata sheet for the project which includes a new condition for Planning Commission Resolutions No. 5753 and 5759 to ensure disclosure of the nearby school-district owned land. The Engineering Department also proposes to add two conditions to Resolutions No. 5753 and 5759 to ensure development of a comprehensive financing program to guarantee construction of the Cannon Road Reach 4-A core improvements, and to ensure payment of Planned Local Area Drainage fees. Additionally, a change needs to be made to the Zone 15 LFMP to modify one of the Special Conditions for Circulation Facilities, as shown on the Addendum from the Deputy City Engineer, which is attached to the errata. Because the findings for approval can be made for the EIR, the LFMP amendment, and the Cantarini Ranch and Holly Springs development proposals, staff recommends the following actions: recommend Certification of EIR 02-02 and adoption of the Candidate Findings of Fact, Statement of Overriding Consideration, and Mitigation Monitoring and reporting program for the Cantarini/Holly Springs Joint EIR; recommend approval of LFMP 15(C); recommend approval of the General Plan Amendment, Zone Change, Tentative Map, Site Development Plan, and Hillside Development Permit for the Cantarini Ranch subdivision, including the multi-family site; and approve the Floodplain Special Use Permit, and recommend approval of the General Plan Amendment, Zone Change, Tentative Map, and Hillside Development Permit for the Holly Springs subdivision. Mrs. Kennedy concluded her presentation and stated she would be available to answer any questions. Chairperson Whitton asked if there were any questions of staff. Commissioner Segall asked if the Commission is approving a Site Development Plan for the apartments, and if at a future date, a Site Development Plan for Cantarini Ranch would come forward. Also, would the Commission be reviewing now or at any point any of the architecture of any of those properties proposed as custom lots. Mrs. Kennedy stated that the Site Development Plan for the affordable housing project would be approved tonight and then go forward to City Council for final approval. The Planning Commission would not see that project again. Architecture for Cantarini Ranch would come back to the Planning Commission for future approval. Because Holly Springs is comprised of custom lots, the Commission will not see a Site Development Plan unless for some reason a developer came in wanting to develop some or all of the properties. Commissioner Segall asked how many lots would need to be developed at once to have the project before the Planning Commission. Ms. Kennedy stated that typically if a developer needed to have a plotting plan through the Building Department that would trigger a Site Development Plan process. Commissioner Segall stated that even though those homes would not be subject review by to the Planning Commission, they would be subject to the Building Department review, Planning Director review and would fit under the current ordinances such as Policy 44 or 46. Mrs. Kennedy stated that the Planning Department does have Architectural Standards for single-family development even if it is only one house being developed. Planning Commission Minutes October 20, 2004 Page 18 Commissioner Heineman inquired how much open space there will be with the two properties under the new hardlines. Mrs. Kennedy stated it is about 120 out of 277 acres which is about 43% of the whole project. Commissioner Baker stated that the letter received from Preserve Calavera mentioned the 1,000-foot wildlife corridor. She asked Mrs. Kennedy to explain what that refers to and the discrepancy between that figure and the figure given in the presentation. Mrs. Kennedy stated that Jim Harry would respond to the letter. Jim Harry, Mooney and Associates, stated that the 1,000-foot requirement is a guideline in the approved MHCP. The 700-foot HMP hardline that is proposed as part of the project is based on what was negotiated for the project between the City and the wildlife agencies, primarily USRNS and CDFG back in 1999 when the project was first incorporated into the HMP document. Commissioner Baker asked why the City was willing to give up 300 feet and what was the rationale for it. Mr. Harry stated the justification for this particular corridor. In Holly Springs there is primarily Coastal Sage Scrub within the 700-foot corridor, the SDG&E easement is right there, and also on the Cantarini portion of the project, there is non- native grassland that would be restored to native habitats. Secondly it was determined that the development area for Holly Springs, if the appropriate HMP guidelines for adjacency and indirect impacts (edge effects) were incorporated such as fencing and open management of the open space, that 700 foot would be adequate. Commissioner Baker asked if there would be wildlife crossings under Streets “J” and “P” or do they anticipate low volumes of traffic on those roads where it would not be a problem for wildlife crossing the streets. Mr. Harry stated that Street “J” is considered a pretty low volume roadway. The roadway location was not really considered to be within the primary linkage between Holly Springs and Cantarini and the state owned open space to the north and the Dawson Los Monos Reserve to the southeast. Commissioner Baker inquired about the concerns Preserve Calavera had about the wetland buffers not being sufficient. Mr. Harry stated what was anticipated as a buffer in the HMP was about 23 to 135 feet. The proposed distance between grading and the functional wetland buffer area is approximately 12 to 40 feet in the northern portion where Street “C was going to go. More to the south near Street “D” the buffer will be about 90 feet. A functional buffer was added to the project to preserve the functions and values of the drainage. There are no rear yards adjacent to the wetlands, Streets “C” and “D” are considered to be deterrents to direct pedestrian access to the drainage to the east of those roadways, and storm drainage from all of the lots is directed away from the open space into the storm drain system. Commissioner Baker asked if homeowners would be restricted to the types of plant materials could be used not just in the fire zone but on their properties to prevent invasive species. Mr. Harry responded that the mitigation proposed is deed restrictions would be placed on all lots bordering protected open space prohibiting direct access and use of any invasive plants. Commissioner Baker asked if artifacts are found on the site, where will they go or who will take ownership of them. Mr. Harry stated that typically artifacts are catalogued and kept in databases. Commissioner Montgomery asked what is considered to be a functional wetland buffer. Mr. Harry described the functional wetland buffer. Commissioner Montgomery asked if there will be additional habitat planted to enhance what is already there. Mr. Harry stated that the applicant is proposing a Wetland Creation and Enhancement plan for the area. Commissioner Montgomery asked if Mr. Harry could describe the wetland crossing area under Streets “A” and “I” and then under the future bridge for College Boulevard. Mr. Harry stated that Street “A,” a conspan crossing, will have flow underneath Street “A” at the crossing, and to the north will have a depollution basin which will drain into and underneath the conspan crossing. It really is not intended to be a wildlife crossing but more of a hydrology crossing. Commissioner Segall inquired about the pedestrian and equestrian trails throughout the project. Mrs. Kennedy directed the Commission to a few slides showing the multi-use trails. Commissioner Segall asked about the ability to use the property for keeping horses or for stables. Mrs. Kennedy stated the zoning would allow it but the CC&Rs will most likely restrict those uses on those lots. Commissioner Cardosa asked about the reduction of the natural wetlands. Mrs. Kennedy stated that one of the large ponds is man-made and the wildlife agencies requested that the plan be removed and the area restored to its natural hydrologic conditions. Planning Commission Minutes October 20,2004 Page 19 Commissioner Baker asked if the pads will be graded to be flat or if they will be graded to follow the natural topography of the site. Associate Engineer Jeremy Riddle stated that the lots in Cantarini Ranch are proposed to be flat graded. The lots within Holly Springs, which are significantly larger, most will be graded at the existing topography. Commissioner Baker asked if there are any lots in Cantarini which are larger one half acre. Mr. Riddle stated there are some. Commissioner Baker asked if there is any reason why the lots have to be flat or if they could be graded to fit the natural topography. Mr. Riddle stated it is an industry standard for pad grading for production homes. Mrs. Kennedy stated there are some lots in Cantarini Ranch which do have natural slopes in the back and some the lots close to Oak Woodland area will also have natural backyard areas. She stated the entire pads would not be flat. RECESS Chairperson Whitton called for an 8-minute recess at 9:00 p.m. MEETING CALLED TO ORDER Chairperson Whitton called the meeting back to order at 9:08 p.m. with all Commissioners present. Chairperson Whitton asked if there any further questions of staff. Chairperson Whitton asked Mrs. Kennedy to respond to a letter written by a resident on Wolverine Terrace regarding not being notified along with 171 other residents who did not receive notices. Mrs. Kennedy stated that the City sends out Public Hearing notices to all property owners within a 600 foot radius of the project boundary along with publishing the notice in the newspaper and posting the information on the City’s website. David Bentley, 7449 Magellan Street, Carlsbad, representing the co-applicants of Cantarini Ranch and Holly Springs, stated he would be available to answer any questions or address any concerns that anyone may have. Bob Ladwig, Ladwig Design Group, 703 Palomar Airport Road Suite 300, Carlsbad, made a presentation and stated he would be available to respond to any questions that may come up. Chairperson Whitton asked if there are questions of the applicant. Commissioner Baker asked if the applicant would consider any of the isolated clusters of available property to be used for horses. Mr. Ladwig stated that they had not considered that so far because there are existing horse facilities nearby. He further stated that Mr. Bentley would be best to answer that question. Commissioner Baker also asked if there will be any restrictions on the type of architecture allowed for the homes in Holly Springs. Mr. Ladwig stated that the owner has very definite ideas about the types of homes they would like to see on the property but it has not definitely been decided yet but the homes are conditioned to be custom homes. Chairperson Whitton commented that he would like to see horses on the properties and also to have the trails a little more connected. Chairperson Whitton opened public testimony on the item. Diane Nygaard, 5020 Nighthawk Way, Oceanside Kasey Cinciarelli, Lyons Court, Carlsbad Joan Jackson, Chinquapin Avenue, Carlsbad The above speakers, representing Preserve Calavera, stated they are focused on preserving and protecting the Calavera area. There are 3 major areas of the EIR that need to be changed: protection of the regional wildlife corridor, protection of the wetlands, and protection of the wetland buffers. They ask that the EIR be returned until these issues are fully addressed. Ruth Gans, 4918 Delos Way, Ocean Hills Country Club, Oceanside, stated the City needs to restore and maintain the 1000-foot buffer zone for open space between Ocean Hills and the project. 3 qa Planning Commission Minutes October 20,2004 Page 20 Mark Mojado, PO Box I, Pala, with the Pala Band of Luiseno Indians, commented that any artifacts found are typically returned to the Indians, and then placed in exhibits at the mission in Oceanside, the library at Cal State University San Marcos, or as exhibits at the Children’s Museum in Escondido. Jack Gearhart, 4170 Andros Way, Ocean Hills Country Club, Oceanside, commented that the trails which currently exist are heavily populated by pedestrians, motorcycles, and off road vehicles. He stated he is concerned about allowing horses on the property. He would like the trails to prohibit vehicles of any kind. Martha Wells Novello, 5448 Wolverine, Sunny Creek Terrace, Carlsbad, stated her concern about the request to increase the density. Russ Kohl, 331 7 Don Pablo, Carlsbad, stated his support of the project. Linda Carek, 5544 Foxtail Loop, Carlsbad, commented she is not in support of the project. Janet Stumpfhauser, 4939 Amador Drive, Oceanside, stated she is not in support of the project. She also stated her concern for the wildlife. Chairperson Whitton closed public testimony and asked staff to respond to any questions or issues raised. Mrs. Kennedy discussed the issues raised by Preserve Calavera regarding the EIR and MHCP, and stated that the project is consistent with the MHCP. She stated that motor vehicle use will not be proposed as an allowed use on the trails. The management plan of the Open Space Preserve will be part of the overall plan developed in the future and will be subject to approval by the wildlife agencies. Mrs. Kennedy also addressed the concerns regarding density. Commissioner Montgomery asked for clarification on allowing horses on the property. Mrs. Kennedy stated that the City’s Zoning Ordinance would allow horse use on this size of lot. Commissioner Dominguez inquired the controls the City has over the archeological aspects of individual lots and grading. Mr. Harry stated that the majority of grading for Holly Springs will happen at one time. Prior to any grading on Cantarini Ranch or Holly Springs, the cultural resource issues will be dealt with so that a qualified archeologist and a member of the Lusieno Indians are available to monitor grading activities. If anything is encountered during the grading activities, they would have the right to suspend the grading and conduct the appropriate data collection. Commissioner Heineman commented that many of the public speakers are concerned about the wildlife buffers not being sufficient. He inquired if USFW&S and CDFG were involved in the planning of the project. Mrs. Kennedy stated that the City, property owner and wildlife agencies negotiated the “hardline” areas and that the applicant could discuss in more detail how the hardline agreement was reached. Commissioner Baker commented that the grading in Holly Springs will occur when the homeowner purchases the lot because the lots are custom lots. She inquired how the cultural artifacts would be dealt in those cases. Mr. Neu stated that the with lots that could potentially have cultural resources on them, the City typically ties that monitoring event to the issuance of a grading permit so its noted with the grading plans. At the preconstruction meeting, the archeologist is present so that everyone is aware he or she needs to be present at the time grading begins. Chairperson Whitton asked if the applicant wished to respond. Mr. Bentley responded to some of the issues raised during public testimony. Commissioner Baker commented again that the developers should take a look at allowing horses on one or more of the isolated properties in the project. Mr. Rouse made a brief presentation stating that the HMP hardlines are part of the Regional MHCP, and it meets the criteria and standards involved. In 1999, the wildlife agencies, City and property owners of 343 Planning Commission Minutes October 20,2004 Page 21 Cantarini Ranch and Holly Springs met to formulate and decide what could be set aside as open space in the project. Mr. Rouse stated there is not a significant wetland impact on the project. Commissioner Montgomery asked how the long-term habitat maintenance will be funded, who receives and cares for the endowment, and how it is implemented. Mr. Rouse described the conservation management fund. Commissioner Montgomery asked what type of mitigation is required for the 1.68 acres in case Holly Springs does not develop at the same time as Cantarini Ranch. Mr. Rouse stated that the mitigation can be done off site in a mitigation bank or other acceptable mitigation to the City and wildlife agencies. It is only done to balance out the numbers. Chairperson Whitton asked if there were any further questions of the applicant or of staff. MOTION ACTION: Motion by Commissioner Baker, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 5749 recommending certification of EIR 02-02 and recommending adoption of the Candidate Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program; adopt Planning Commission Resolution No. 5750 recommending approval of LFMP 15(C); adopt Planning Commission Resolutions No. 5751, 5752, 5753, 5754, and 5755 recommending approval of GPA 01-09, ZC 00-05, CT 00-18, SDP 01-10, and HDP 00-09 and adopt Planning Commission Resolution No. 5756 APPROVING SUP 00-09 - CANTARlNl RANCH; and adopt Planning Commission Resolutions No. 5757, 5758, 5759, and 5760 recommending approval of GPA 00-06, ZC 00-09, CT 00- 21, and HDP 00-12 - HOLLY SPRINGS; based on the findings and subject to the conditions contained therein including all errata sheets and the errata to the errata. Commissioner Montgomery inquired if the architectural guidelines for Holly Springs could come before the Planning Commission prior to the implementation architectural plan onsite. Mr. Neu stated that the homeowners would have to comply with City Council guidelines (Architectural Guidelines). Unless the Commission was amending the land use plan for the area, which is not one of the actions before the Commission tonight, it would not be a matter to pursue. DISCUSSION Chairperson Whitton, Commissioners Segall, Montgomery, Cardosa, Dominguez, Heineman, Baker all stated their support for the project. VOTE: 7-0 AYES: NOES: None Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Segall All Receive-Agenda I& # - December 7,2004 Mayor Lewis, City Council Members City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Subject: Cantarinihlolly Springs Final EIR Dear Mayor Lewis and City Council Members : Preserve Calavera is a non-profit grassroots organization whose goal is the protection and preservation of the largest remaining contiguous native habitat in a coastal north county city- the Calavera area of northeastern Carlsbad. Our organization is not proposing no development in this area- but we are proposing responsible development that minimizes the impacts to the sensitive natural resources of this area. The CantarinilHolly Springs projects will have significant adverse environmental impacts- many of which cannot be mitigated. Our community volunteers have been working with your staff for almost two years to reduce these impacts. We appreciate that the project today is substantially improved from what was proposed earlier, and thank your staff for the many changes that have been made during this time. However, there remain three major issues that have not been resolved : protection of the regional wildlife corridor, wetlands, and wetlands buffers. We believe these issues are central to the success of the entire conservation plan for this core habitat area. What staff has done with their approval is consistent with the practices of the past. But past practices need to change if we are to have any hope of retaining the biological function of this area, and a healthy Agua Hedionda watershed. The following provides some further background on these key points- as well as some more minor issues that were previously agreed to, but have not been correctly incorporated into the final documents, or that need further clarification. Wetlands Protection The MHCP states “Projects that propose to impact a wetland must demonstrate with substantial factual evidence that the impact is essential to maintaining some economic or productive use of the property and that no feasible alternative would eliminate or minimize the impact or 5020 Nighthawk Way - Oceanside, CA 92056 www.m-eservecalavera.org otherwise result in greater biological value. If impacts to wetlands cannot be avoided while retaining economic or productive use of the property, an evaluation of biological functions and values shall be made based on the best available science.. .Any unavoidable impacts to wetlands must be mitigated to result in no net loss of wetland vegetation acreage and biological function and value within the MHCP subregion, and preferably, but not necessarily, within the same drainage and city.” This project includes approximately 1.57 acres of wetlands impacts. The EIR fails to provide substantial factual evidence that concludes these impacts are unavoidable. The EIR discussses the impacts in terms of acreage by habitat type, but fails to evaluate the impacts or mitigation in terms of biological function and value. Wildlife Corridor The scientific document used as the basis for the MHCP preserve plan provides the following clarification of the wildlife corridor design guidelines: “The width of a corridor should be based on biological information for the target species( e.g. home range size and dispersal capabilities), the quality of the habitat within and adjacent to the corridor, topography, and edge effects of adjacent land uses. Where topography is lacking, the corridor must be well vegetated and development screened and set back from the corridor. A corridor surrounded by natural vegetation may not need to be as wide to function as an appropriate travel corridor as it would need to be if the corridor were surrounded by development. If the corridor is relatively long, it must be wide enough for animals to hide in during the day. A typical width greater than 1,000 feet is recommended for large mammals (Ogden 1992a). Constricted sections of a corridor should have a maximum length of less than 500 feet and a minimum width of 400 feet. For canyon situations, the corridor should extend from rim-to-rim if possible. If corridors are excessively long or narrow, they may become mortality sinks and decrease the survival probability of wildlife populations.” (Biological Goals, Standards and Guidlines for Multiple Habitat Preserve Design, Ogden, February 1998). Also MHCP Vol 1, section 6.2:3 page 6-6 provides further clarification of wildlife crossings and states in part “Avoid co-locating human trails and wildlife movement corridorskrossings.” The proposed design co-locates the pedestrian trail within the corridor and includes additional trail crossings of the corridor. This clearly is not consistent with the MHCP. This co-location is of particular concern because of the already high use of illegal off-road vehicles in this area. Multi- purpose trails generally are wide enough that they can accommodate motorized vehicles and these will naturally be an attractant to illegal off-road use. Cannon Road- Reach 4a Page 143, item 53 of PC Resolution 5753 states that prior to final map approval the developer will be required to agree to the formation of a financing program guaranteeing the construction of core improvements for Cannon Road Reach 4a. No analysis of this road extension was included with this project EIR. This road segment was discussed in a prior EIR for the Calavera Hills Phase I1 project. The traffic study for CantarinVHolly Springs identifies that access to these developments is from College Blvd. If this road extension is a condition for these projects- then the impacts of this road extension should have been properly identified in this EIR. Failure to discuss this issue in the EIR leads to a faulty project description, analysis and findings. Insufficient monitoring of habitat creationhestoration Pages 100, 10 1, 103 and 104 - Mitigation and Monitoring Plan indicates that monitoring of the created and restored habitat is only done once- “upon completion.” - and the reference is to completion of the plan. We assume that the intent is upon completion of the restored habitat. Vegetation creationhestoration projects typically require performance standards such as percentage of cover with native vs non-native plants, percentage of container stock surviving after one year, etc. Such performance criteria need to be specified in the restoration plan- and the monitoring needs to be tied to that- and not just once at completion- which could be read just when plants are put into the ground. This should be revised to something like- “ Monitoring to be in conformance with the approved habitat creationhestoration plan.” Removal of existing trails PC Resolution 5753, item 17 on page 133 identifies the trails that will be added, but does not mention the numerous existing trails that need to be removedrevegetated. This issue is mentioned in the EIR and responses to comments, but it needs to be included in the conditions to be considered a requirement. Failure to address this issue would mean that several acres of land in the open space is degraded and it would need to be deducted from the open space and mitigation acreage. Restrictions on use of invasive plants Pages 137,138, 160, and 161 talk about maximizing the use of native plants on land next to open space, and in one case mentions no invasive plants are to be used in HOA common grounds. The responses to comments on the EIR indicted that there would also be a requirement to inform all homeowners about invasive plants, and to include restriction against the use of invasives on the lots next to the open space. These two points need to be specifically added to the project conditions. Without adequate wildlife corridors and wetlands protection the Habitat Management Plan of the city of Carlsbad will be just a pile of paper . We believe that now is the time to change these past practices and are asking for your support. Attached are summaries of these three issues that provide further explanation as to why we recommend that you reject this EIR until these issues are fully addressed. Sincerely, Diane Nygaard On behalf of Preserve Calavera cc: Don Neu , Barbara Kennedy All ReceiVe-Agenda Item # For the Information of the: 342%- CT*~C-\ec\t- Wildlife Corridors- Cantarini/Holly Springs - Issue Revised 12/7/04 What is Proposed The primary regional wildlife corridor through the northeastern portion of the project site will average about 700 feet in width. The existing secondary corridor along the wetlands will be destroyed. A proposed secondary corridor through the project site will be bisected by two road crossings- “J” and “Pyy streets. The EIR states “the revised hardline preserve area largely satisfies the goal to provide connectivity between habitat core areas through preservation of the 700-foot corridor within the northeastern portion of the site.” Issues 0 Protection of core habitat and wildlife corridor linkages are the basic building blocks for the regional conservation plan. The MHCP guidelines document (Ogden, February 1998) discusses a 1,000 foot minimum corridor width for large mammals, and key conditions to assure hctionality of the corridor. The EIR must evaluate whether the proposed corridor design results in a functional corridor- and not just assume that because the development boundaries were approved the remaining corridor is adequate. The functional width of the primary corridor is significantly less than 700’. The corridor includes crossing by a new road and a pedestrian trail. Off road vehicle use has been a chronic problem in this area- and could be made worse by the proposed design. Function is further degraded by the SDG & E easement road along the eastern edge of the corridor- an area that is regularly graded and is devoid of plants- cover necessary for the movement of small mammals and amphibians. The HMP pages D 66 and 67 states the goal is to “maintain and enhance a habitat linkage across Linkage Area C and adjoining Core Areas 3 and 5.” What is proposed is clearly not an “enhanced” linkage. There is a significant land use adjacency issue with the Ocean Hills Country Club residential area in Oceanside that forms the eastern border of the corridor. Edge effects from this residential community must be taken into account. This neighborhood recently trapped and killed coyotes- the predator species that is essential for the health of the natural ecosystem. Residents have placed wildlife feeding and watering stations along the fence line- even into the corridor. With such a constrained primary corridor- improved secondary corridors could serve to mitigate these compromises . However, the secondary corridor includes two road crossings, is very narrow and will be subject to even greater edge effects than the primary corridor. Preserve Calavera Proposal Our proposal is to first adequately evaluate the corridor- then to revise project footprint and Mitigation and Monitoring Plan to assure the linkage will work as intended. Without this linkage the city’s entire conservation plan is compromised. Wetlands Impacts- Cantarini/Holly Springs - Issue Summary What is Proposed The Cantarini project will include impacts to key wetlands and four wetland habitats including freshwater marsh, southern willow scrub, mule fat scrub, and southern coast live oak riparian forest. Issues e San Diego county has lost over 90% of its historic wetlands. Protection of the remaining wetlands is recognized as a critical issue for our natural areas- which is why wetlands are protected under federal law, state law, the regional MHCP, and the city of Carlsbad’s HMP. The final MHCP approved in March 2003, included clarification of the regional guidelines for wetlands protection- guidelines that are required to be followed in all north county cities. This MHCP language includes: “Projects that propose to impact a wetland must demonstrate with substantial factual evidence that the impact is essential to maintaining some economic or productive use of the property and that no feasible alternative would eliminate or minimize the impact or otherwise result in greater biological value. If impacts to wetlands cannot be avoided while maintaining economic or productive use of the property, an evaluation of biological hctions and values shall be made based on the best available science ...Any unavoidable impacts to wetlands must be mitigated to result in no net loss of wetland vegetation acreage and biological function ...” The EIR fails to demonstrate compliance with this basic requirement of the MHCP to protect wetlands- a requirement to first avoid, then to minimize, and only as a last resort to mitigate for impacts to wetlands.. Mule fat scrub habitat is essential for the recovery of the endangered least Bell’s vireo. There is acceptable habitat on site- protecting such areas of historic use are part of the species specific objectives of the regional and local conservation plans. Oak riparian habitat in much of the Agua Hedionda subwatershed is in critical decline. A single mature tree can have a 90’ dripline and support 130 different species. Replanting young trees could take 200 years to return to an equivalent biological function. , Preserve Calavera Proposal Full compliance with requirements for wetlands protection must be demonstrated before this project should proceed. Wetlands Buffers - CantariniLHolly Springs Issue Summary Revised 12/7/04 What is Proposed Both the Cantarini and Holly Springs projects propose wetlands buffers that are insufficient to protect the function of the wetlands. Issues 0 The MHCP describes the function of buffers and includes a general guideline with a requirement that specifics are determined on a case-by-case basis.- with more specific requirements for the coastal zone ( MHCP EISEIR Vo12 p 43) . Buffers are important to support the natural hnction of creeks- allowing for normal variations in alignment and changes to the vegetation in the riparian corridor. 0 The EIR only discusses wetland buffers in terms of changes to the proposed hardline preserve boundaries- and not as wetland or hydrology issues. In many cases the proposed buffer is now only 25’ wide, in an area of steep slope, with softscape instead of controlled run-off at the top of slope, and with a horse trail within less than 25 feet of the riparian habitat. Each of these factors can adversely impact the wetlands habitat and potentially both the hydrology and the hnction of the creek. 0 Placing a road within a wetlands buffer was assumed to be acceptable as it was concluded this is less damaging than residential lots. Wildlife follow riparian corridors so placing a road along a creek can potentially cause significant roadkill. Furthermore this area of steep slope, with no undercrossing makes the road a more formidable barrier than one across a level area. The road impacts the wildlife corridor- and these impacts should be assessed. 0 This area is all part of the Agua Hedionda subwatershed which drains to Agua Hedionda Lagoon- a waterbody impaired for siltation and coliform contamination.. The area is contiguous with the largest remaining core habitat in a coastal north county city. Both the watershed and the core habitat are showing significant cumulative impacts from increasing development in this area. There will be a point where these cumulative impacts are irreversible. We need to take action now to protect the little that is left- before it is too late. Preserve Calavera Proposal The buffers need to be included as part of a comprehensive re-look at the impacts to the wetlands in this area- and the cumulative impacts to the entire Agua Hedionda sub- watershed. Protection of these wetland and wetland buffer resources needs to be built in to the project review and approval process. Project designs like this should be rejected long before the final EIR. Revising these procedural issues now, as Carlsbad plans to assume responsibility for managing its own take permits , is absolutely essential. f A W OFFICES OF EVERET~ Lm DELANO 111 220 W. Grand Avenue Escondida, California 92025 (760) 51‘0-1552 All Receive-Agenda Item #/q For the Information of the (760) 51 0-1 565 (fax) Lorraine M. Wood City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: CantarWHollv SDrinR6 Joint Environmental bnpact ReDort and Local Facilities Management Plan. AB # 17,912 Dear Ms. Wood: This letter is submitted on behalf of Preserve Calavera in connection with the PTOPOS~ CantarinUHolly Springs development projects (IProject”). Please ensure that copies of this letter are provided to all City Council members prior to their consideration of the Project at tonight’s City Council meeting. INTROD WCTION The California Environmental Qtlality Act (“CEQA”), Pub, Res. Code §§ 21000 - 21 177, must be interpreted “so as to afford the fullest possible protection to the environment within the reasonable scape of the statutory language.” Fn’snh of Mammoth v. Board of Supervisors, 8 Caf. App, 3d 247,259 (1972). If an EIR fails to provide agency decision-makers and the public with all relevant information regarding a project that is necessary for informed decision-rnaking and informed public participation, the EIR is legally deficient and the Bgency’s decision must be set aside, Kings County Farm Bureau v. City of Hanford, 221 Cal. App. 3d 692,712 (1990). An EIR is “aptly described as the ‘heart of CEQA”’; its purpose is to inform the public and its responsible officials of the environmental consequences before they are made. LaureZ Heights Improvement ASSOC. Y. University of California, 47 Cal.3d 376,392 (1988). Here, the Project’s Environmental Impact Report (“EIR“) is inadequate, as discussed by other commenters, including the U.S, Fish and Wildlife Service. BASELINE ENVIRONMENT CEQA requires analysis against what is happening on the ground at the the the Project is approved, Environmental Planning nnd Information Council v. County uf El Dorado (1982) 131 Cal.App.36 350, 357 - 58. The City’s analysis fails to do so, reasoning that development under the “Zone 15 Local Facilities Management Plan I Comments re Cantasini/Holly Springs December 7,2004 Page 2 of 3 Amendment” would be greater than development allowed by the Project. See e.g., EIR $5 4,4 (traffic), 4.9 (public services and utilities), 4.13 (papulation and housing), and 5.0 (growth inducement). See Efivironmental Planning and Information Council, 13 1 Cal.App.3d at 358 (dismissing comparisons between a project and what was allowed in general plan as “illusory”). The EIR needs to consider the impacts of the Project in relation to existing environmental conditions. AL XEWA TIVE8/MITIGATZON CEQA requires that an EEL “produce information sufficient to permit a reasonable choice of alternatives so far as environmental aspects are concerned,” $an Bernardino Valley Audubon Sociefy v. County of San Bernardino (1984) 155 Cal.App.3d 738, 750 - 51. “[TJhe discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment ofthe project objectives, or would be more costly.” CEQA Guidelines 5 15126.6(b). “Without meaningful analysis of alternatives in the EIR, neither the courts nor the public can fulfill their proper roles in the CEQA process.” Luurel Heights hprovemenf Assuc. v. University of Calfiirnia (1988) 47 Cal.3d 376,404. . The EIR fails to explore feasible alternatives, including one or more alternatives that accomplish the following standards fkom City-approved habitat plans: providing for minimum 1,000-foot wide wildlife corridors, avoiding wetland impacts, and providing for minimum 1 00-foot wetland buffers. Preserve Calavers has raised these concerns on several prior occasions. “The’fact that an alternative may be more expensive or less profitable is not sufficient to show that the alternative is financially infeasible.” Citizens of Goleta Vnlley v. Board of Supervisors (1988) 197 Cal.App.3d 1167,1181. Additionally, the EIR inappropriately nmows the range of alternatives considered by narrowing the Project objectives. Couq of Inyo v. City of Los Angeles (1981) 124 CaLApp.3d 1, 9. Furthermore, the EIR rejects an environmentally superior alternative, CEQA contains a “substantive mandate” that agencies refiain from approving a project with significant environmental effects if “there are feasible alternatives or mitigation measures” that can substantially lessen or avoid those effects. Mountain Lion Foundation v. Fish and Gama Comm, (1997) 16 Cal.4*’ 105, 134; Pub, Res. Code 8 21002. It “requires public agencies to deny approval of a project with significant adverse effects when feasible alternatives or feasible mitigation measures can substantially Iessen such effects.” Sierra Club v, Gilroy (1990) 222 Cal.App.3d 30,41. The City has not provided frndings supported by substantial evidence in the record that environmentally superior alternatives and mitigation are infeasible or impracticable. Pacifric Cop v. City of Cumarillo (1983) 149 Cal.App,3d 168, 178. -, . . . - . . . . . . . . . . . . . . - . - . . . - - - y ..., . . . Comments re Cantarini/HoIly Springs December 7,2004 Page 3 of 3 CUNCL USION For the foregoing reasons, Preserve Calavera requests that the City reject the Project and the EIR. Thank you for your consideration of these comments, 2&= Everett DeLano, Esq. December 7,2004 TO: City Council FROM: Barbara Kennedy, Associate Planner SUBJECT: 1) EIR 02-02 - CANTAFU"0LLY SPRINGS JOINT EIR, 2) LFMP 15(C) - CANTARINIMOLLY SPRINGS: 3) GPA 01-09/ZC 00-05/CT 00-1WSDP Ol-lO/HDP OO-O9/SUP 00-09 - CANTARINI RANCH: and 4) GPA OO-O6/ZC 00-09/CT 00-21/HDP 00-12 - HOLLY SPRINGS Staff has prepared a detailed response to the letter from Preserve Calavera to the City Council, dated December 7,2004. Wildlife Corridors In 1999, hardlines designating open space and development areas were evaluated by the City in consultation with USFWS and CDFG for the Cantarini and Holy Springs projects. These hardlines were incorporated into the City's HMP. The wildlife movement corridor linkage between Carlsbad Highlands Mitigation bank (CDFG land) and Dawson Los Monos Reserve, approved as a part of the HMP, is located along the eastern border of Holly Springs and Cantarini Ranch. This corridor is approximately 700 feet or larger and consists of coastal sage scrub, wetlands, and non-native grassland areas that are proposed to be revegetated with native species. An SDGE service road easement is also located within this corridor. The HMP hardlines and wildlife corridor for these sites are consistent with the Multiple Habitat Conservation Program (MHCP), and are also shown as "Hardline Areas" on Figure 3-1, Focused Planning Area (FPA) MHCP Study Area, of the MHCP, adopted by SANDAG in March 2003. The hardlines and wildlife corridors negotiated for these projects take precedence over the 1,000 foot wildlife corridor guideline of the MHCP. The MHCP guidelines would apply to projects which do not have previously negotiated hardlines. A secondary wildlife movement connection was not anticipated by the HMP in central portion of Holly Springs and Cantarini Ranch. However, blocks of open space in the centralhouthern portion of Holly Springs and central portion of Cantarini Ranch are proposed as a part of the project and were anticipated by the HMP. The road crossings of hardline to provide access through the Holly Springs development. “J” Street is a new crossing, but replaces a second crossing located along the southern boundary of Holly Springs which is shown in the original hardline. The new “J” Street crossing results in about 300 lineal feet less of roadway across the open space. Additionally, the Holly Springs block of open space in southern portion of the site is larger than that anticipated by the HMP. “J” and “P” Streets bisect this block of open space. “P” Street was anticipated in the .. The EIR and HMP address potential indirect impacts from proposed development adjacent to open space. The Fencing Plan proposes predation fencing where residential lots are adjacent to open space, and wood fences where roads and trails are adjacent to open space. In accordance with HMP requirements, a long-term management program for the open space will be prepared by the applicant and approved by the City and USFWS prior to grading. Mitigation measure Bio-C/HS- 1 identifies performance criteria for the open space plan related to funding mechanisms, trails criteria, and open space maintenance and monitoring. Proposed revegetation and enhancement plans to improve the habitat quality of open space areas are also proposed by the applicant. The trails plan identified for project shows that a majority of the existing unauthorized trails in the open space would be revegetated with native species. Fencing will be placed along approved DG trails to restrict access to open space. Bio C/HS-l and the long-term management program provide trail design criteria to minimize impacts to habitat from the use of the public trails by pedestrians or equestrians. Wetlands Wetland impacts total 1.57 acre of wetland habitat and 2.85 of jurisdictional wetlands for Cantarini Ranch. There are no wetland impacts on Holly Springs. As shown in Figure 4.3-4 of the EIR, most wetland impacts for Cantarini Ranch are limited to road crossings in the southern portion of the site. The HMP anticipated impacts to wetlands in these areas. The roadways are necessary to provide proper traffic circulation that meets City standards. The roadway crossings have been designed to minimize impacts to wetlands to the greatest extent possible. In several instances, modifications to the Hillside Design standards are required to allow taller retaining walls in order to reduce grading impacts adjacent to wetland areas. Figure 4.3-4 of the EIR shows that majority of wetlands onsite (10.52 of the 13.37 acres, pg 4.3-18) would be preserved. All impacts to wetlands would be mitigated in accordance with City and ACOE requirements. In accordance with ACOE requirements, wetland mitigation is proposed to take place within onsite open space. Mitigation measure Bio-C/HS- 1 requires that the long-term management program include measures to protect onsite wetlands including water quality monitoring. The applicant is proposing at the request of ACOE, CDFG, and RWQCB, to replace an irrigation pond with native wetland and upland habitat and restore the area to its natural hydrology. Substantial realignment of the roadway or use of a bridge would be required to avoid wetlands given the configuration of the wetlands onsite and the need to provide access to residents in southern portion of property. Staff has concluded that the cost of such a modification would not be justified. Figure 4.3-3, Table 4.3-5 shows that the coast live oak riparian forest will be preserved onsite. Additional Mulefat scrub habitat is proposed in onsite habitat creation efforts Wetland Buffers The need for wetland buffers was acknowledged and analyzed in the EIR, The buffer along the western border of the central drainage was anticipated by the HMP to range fiom 23 to 135 feet. The proposed distance between grading and the wetlands would be between 12-40 feet in northern portion to over 90 feet in central portion. The EIR analysis determined that a hctional buffer was designed to protect functions and values of wetlands in the vicinity of Lots 108-136. No rear yards are adjacent to wetlands and storm drainage will be directed away from the wetlands. Streets C and D along with the trail system will act as a deterrent to direct access from the residences, and wood post and rail fences, along with non-invasive, native barrier shrubs will deter pedestrians and equestrians from the wetlands area. Overall no impact to hydrology or water quality of offsite wetlands or the lagoon is anticipated. The projects would not adversely impact historic drainage patterns onsite. The project proposes depollution basins and a crossing at Street A to maintain the runoff rates at existing levels. Project design also incorporates standard site design and treatment BMPs to address water quality in storm runoff. Streets C and D are collector streets with minimal amounts of traffic. The roadway design does not include a “through” access adjacent to the west side of the wetlands, but rather connects these segments with a pedestrian trail along the wetlands buffer area. This road design and lack of through traffic will minimize the potential for roadkill adjacent to the wetlands buffer. Bio-C/HS-1 and the long-term management plan contain measures to address equestrian trail use. Horse use will be restricted during the rainy season, fencing will be located adjacent to wetland features, equestrian trails must incorporate berms to reduce any runoff affecting downstream wetlands, trails will not cross the drainage, and maintenance of trails is required, including manure removal. Cannon Road-Reach 4a Construction of Cannon Road Reach 4a is not a requirement of the projects. However, development of a financing plan for future construction of Circulation Element roadways is required as part of the City’s Growth Management Plan. Environmental review for this road segment (Reach 4a) was included as part of the EIR prepared for Calavera Hills Master Plan, Phase 11. Insufficient monitoring of habitat creatiodrestoration The monitoring frequency is in regard to the requirement to prepare a habitat creatiodrestoration plan. On-going monitoring of the creatiodrestoration efforts will be included as part of that plan, as will performance standards such as percentage of cover with native vs non-native plants, percentage of container stock surviving after one year, etc. The on-going monitoring and performance criteria will be specified in the restoration plan. The plan is subject to the approval of the City of Carlsbad, USFWS and CDFG. Removal of existing trails The Conceptual Trails Plan, included as Figure 2.07, indicates existing trails to be removed and revegetated. Mitigation Measure Bio-C/HS 1 requires approval of a conceptual mitigation and monitoring plan that addresses management of the exiting trails to be maintained as well as requiring closure and revegetation of the trails to be abandoned. Restrictions on use of invasive plants Mitigation Measure Bio-C/HS 1 requires an Open Space Management and Maintenance component which restricts direct access from residential lots bordering open space as well as prohibiting use of any invasive plants. Illegal feeding stations Gaps in perimeter fencing .sement CATION/ Composite Tentative Maps Cantarini & Holly Springs d!pre z 0-4 Wetlands Protection Procesg 1. Avoid impacts - Full avoidance if possible 2. Minimize- Select least damaging alternative 3. Mitigate- Both for acreage and fbnction 3 4. - Encinas Creek San Marcos Creek GOOD FAIR POOR LEVEL OF STREAM QUALITY 3,434 1,147 33% 36,050 6,392 18% FIGURE 9.37 Impervious cover vs. stream quality. (Adapted from Center for Watershed Protection, Rapid Wutei vhed Planning Hundbook - A Cornpreherlsive Guide for Managing Urbanizing Wutersheds. Ellicett City, MD, October 1998. I I Escondido Creek 54,112 6,786 1 Total CHU 135,322 25,026 kqua Hedionda Creek I 18,837 I 3,701 I 20% I 13% 18% (Cottonwood Creek 1 2.175 I 709 1 33% 1 Zble 4.1-6: Percent impervious cover within the watersheds of the Carlsbad Hydrologic Unit. CantariniCantariniRanch/Holly SpringsRanch/Holly SpringsEIR 02EIR 02--0202LFMP 15(C)LFMP 15(C)CantariniCantariniRanch Ranch --GPA 01GPA 01--09/ZC 0009/ZC 00--05/ 05/ CT 00CT 00--18/SDP 0118/SDP 01--10/HDP 0010/HDP 00--0909Holly Springs Holly Springs --GPA 00GPA 00--06/ZC 0006/ZC 00--09/ 09/ CT 00CT 00--21/HDP 0021/HDP 00--1212 Location MapLocation Map(FUTU RE) COLLEG EB L V D CANNONRDEL CAMINO REALCITY OF OCEANSIDECANTARINI RANCHHOLLY SPRINGS CANTARINI RANCHHOLLY SPRINGS Request for Approval of:Request for Approval of:EIR 02EIR 02--02: Certification of Final 02: Certification of Final Environmental Impact ReportEnvironmental Impact ReportLFMP 15(C): Zone 15 Local Facilities LFMP 15(C): Zone 15 Local Facilities Management Plan AmendmentManagement Plan Amendment Request for Approval of:Request for Approval of:Cantarini Cantarini Ranch Subdivision:Ranch Subdivision:••GPA 01GPA 01--09: General Plan Amendment09: General Plan Amendment••ZC 00ZC 00--05: Zone Change05: Zone Change••CT 00CT 00--18: Tentative Tract Map18: Tentative Tract Map••SDP 01SDP 01--10: Site Development Plan10: Site Development Plan••HDP 00HDP 00--09: Hillside Development Permit09: Hillside Development Permit Request for Approval of:Request for Approval of:Holly Springs Subdivision:Holly Springs Subdivision:••GPA 00GPA 00--06: General Plan Amendment06: General Plan Amendment••ZC 00ZC 00--09: Zone Change09: Zone Change••CT 00CT 00--21: Tentative Tract Map21: Tentative Tract Map••HDP 00HDP 00--12: Hillside Development Permit12: Hillside Development Permit Cantarini Cantarini RanchRanchHolly SpringsHolly SpringsMultiMulti--family family sitesiteSunny Creek Sunny Creek Specific Plan Specific Plan Area BoundaryArea Boundary Cantarini Cantarini RanchRanch Cantarini Cantarini RanchRanch••156.72 ac156.72 ac••105 SFR Lots 105 SFR Lots ½ ac min lot size½ ac min lot size Cantarini Cantarini RanchRanch••156.72 ac156.72 ac••105 SFR Lots 105 SFR Lots ½ ac min lot size½ ac min lot size••1 MF lot (6.21ac) 1 MF lot (6.21ac) 80 units80 units Cantarini Cantarini RanchRanch••156.72 ac156.72 ac••105 SFR Lots 105 SFR Lots ½ ac min lot size½ ac min lot size••59 acres open space59 acres open space••Enhanced landscape Enhanced landscape lots (HOA maintained)lots (HOA maintained)••2 remainder parcels 2 remainder parcels (1 ac total)(1 ac total)••1 MF lot (6.21ac) 1 MF lot (6.21ac) 80 units80 units Cantarini Cantarini RanchRanch••156.72 ac156.72 ac••105 SFR Lots 105 SFR Lots ½ ac min lot size½ ac min lot size••59 acres open space59 acres open space••Enhanced landscape Enhanced landscape lots (HOA maintained)lots (HOA maintained)••2 remainder parcels 2 remainder parcels (1 ac total)(1 ac total)••1 MF lot (6.21ac) 1 MF lot (6.21ac) 80 units80 units Cantarini Cantarini RanchRanch••156.72 ac156.72 ac••105 SFR Lots 105 SFR Lots ½ ac min lot size½ ac min lot size••59 acres open space59 acres open space••Enhanced landscape Enhanced landscape lots (HOA maintained)lots (HOA maintained)••2 remainder parcels 2 remainder parcels (1 ac total)(1 ac total)••1 MF lot (6.21ac) 1 MF lot (6.21ac) 80 units80 units Cantarini Cantarini RanchRanch••156.72 ac156.72 ac••105 SFR Lots 105 SFR Lots ½ ac min lot size½ ac min lot size••59 acres open space59 acres open space••Enhanced landscape Enhanced landscape lots (HOA maintained)lots (HOA maintained)••2 remainder parcels 2 remainder parcels (1 ac total)(1 ac total)••1 MF lot (6.21ac) 1 MF lot (6.21ac) 80 units80 units Cantarini Cantarini RanchRanch••156.72 ac156.72 ac••105 SFR Lots 105 SFR Lots ½ ac min lot size½ ac min lot size••59 acres open space59 acres open space••Enhanced landscape Enhanced landscape lots (HOA maintained)lots (HOA maintained)••2 remainder parcels 2 remainder parcels (1 ac total)(1 ac total)••1 MF lot (6.21ac) 1 MF lot (6.21ac) 80 units80 units ••119.85 ac119.85 ac••43 SFR lots 43 SFR lots ½ ac min lot size½ ac min lot size••61 acres open space61 acres open space••Enhanced landscape Enhanced landscape lots (HOA maintained)lots (HOA maintained)••1 remainder parcel 1 remainder parcel (19.3 acres)(19.3 acres)Holly SpringsHolly Springs Sunny Creek Specific Plan Sunny Creek Specific Plan Rural Design FeaturesRural Design FeaturesPreservation of critical habitat areasPreservation of critical habitat areas700’ wide wildlife corridor700’ wide wildlife corridorSingleSingle--loaded street designloaded street designPreservation of views towards open spacePreservation of views towards open spaceUnique lot designUnique lot designPedestrian connections between Pedestrian connections between culcul--dede--sacssacsMultiMulti--use trailsuse trails30 foot landscape buffers on “Through Streets”30 foot landscape buffers on “Through Streets” College Blvd. Core College Blvd. Core ImprovementsImprovementsBasin BJBasin BJBridgeBridgeOffOff--site improvements site improvements ––analyzed under EIR 98analyzed under EIR 98--0202 Hillside Development PermitHillside Development PermitNo development on natural slopes with over No development on natural slopes with over 40% gradient40% gradientGrading volumes in acceptable rangesGrading volumes in acceptable rangesManufactured slopes less than 40 feet highManufactured slopes less than 40 feet highContourContour--grade and landscape slopes grade and landscape slopes Roadway design complements topographyRoadway design complements topographyUtilize and enhance natural hillside drainageUtilize and enhance natural hillside drainageModification to Design Standards for overModification to Design Standards for over--height wallsheight walls Cantarini Cantarini RanchRanchGeneral Plan General Plan AmendmentAmendment••Existing General Existing General Plan: RLM & OSPlan: RLM & OS••Proposed General Proposed General Plan: RLM, OS & Plan: RLM, OS & RMHRMH CantariniCantariniRanchRanchAllowable Dwelling Allowable Dwelling Units Units ––324 324 duduProposed Dwelling Proposed Dwelling Units Units ––185 185 dudu••139 Units to Excess 139 Units to Excess Dwelling Unit BankDwelling Unit Bank Holly SpringsHolly SpringsGeneral Plan General Plan AmendmentAmendment••Existing General Existing General Plan: RLM & OSPlan: RLM & OS••Proposed Proposed General Plan: General Plan: RLM & OSRLM & OS Holly SpringsHolly SpringsAllowable Allowable Dwelling Units Dwelling Units ––278 278 duduProposed Proposed Dwelling Units Dwelling Units ––43 43 dudu••235 Units to 235 Units to Excess Dwelling Excess Dwelling Unit BankUnit Bank CantariniCantariniRanchRanchZone ChangeZone Change••Existing zoning: Existing zoning: LL--C & RC & R--AA--10,00010,000••Proposed zoning: Proposed zoning: RR--11--0.50.5--Q, RDQ, RD--M M & OS & OS Holly SpringsHolly SpringsZone ChangeZone Change••Existing zoning: LExisting zoning: L--CC••Proposed zoning: Proposed zoning: RR--11--0.50.5--Q & OSQ & OS SIiteSIiteDevelopment Plan Development Plan CantariniCantariniRanch Ranch 8080--unit multiunit multi--family projectfamily project40 market40 market--rate unitsrate units40 low40 low--income housing units (70% AMI)income housing units (70% AMI)••35 units will satisfy 15%35 units will satisfy 15%inclusionaryinclusionaryhousing housing requirements requirements ••10% 310% 3--bedroom bedroom ••5 units for purchase as housing credits 5 units for purchase as housing credits General Plan designation: RHM (8General Plan designation: RHM (8--1515dudu/ac)/ac)Zone designation: RDZone designation: RD--MM Overlook AreaOverlook AreaBus stopBus stopTrailTrail Zone 15 LFMP AmendmentZone 15 LFMP AmendmentReflects adjustments to:Reflects adjustments to:••General Plan Land Use Designations General Plan Land Use Designations ••BuildBuild--out projections out projections Changes to Public Facilities Requirements:Changes to Public Facilities Requirements:••Drainage, Circulation, Sewer & WaterDrainage, Circulation, Sewer & WaterFacilities FinancingFacilities Financing••Future approval of agreements by City Council Future approval of agreements by City Council Projects are conditioned to comply with Projects are conditioned to comply with General and Special Conditions General and Special Conditions Environmental ReviewEnvironmental ReviewJoint EIR prepared for both projectsJoint EIR prepared for both projectsDraft EIR circulated for public review 6/12/03Draft EIR circulated for public review 6/12/03Modifications to plans required reModifications to plans required re--circulation circulation Revised draft EIR included revisions to:Revised draft EIR included revisions to:••Land UseLand Use••Biological Resources Biological Resources ••Water Quality/HydrologyWater Quality/Hydrology••Circulated for public review 6/2/04Circulated for public review 6/2/04Final EIR Includes complete record of Final EIR Includes complete record of proceedings proceedings 700’ wide 700’ wide wildlife corridorwildlife corridorRoad deletedRoad deletedRoad addedRoad addedWetland crossingWetland crossingFunctional Functional Wetland Wetland BufferBuffer Environmental ReviewEnvironmental ReviewRevised Revised Hardline Hardline is “equal to or better” is “equal to or better” ••Projects must be implemented concurrentlyProjects must be implemented concurrentlyOr Or ••1.86 acres of additional open space needed 1.86 acres of additional open space needed for for Cantarini Cantarini RanchRanch EIR Impacts & MitigationEIR Impacts & MitigationLand Use Compatibility Land Use Compatibility Biological ResourcesBiological ResourcesAir QualityAir QualityNoiseNoiseWater Quality/HydrologyWater Quality/HydrologyGeologyGeologyHazards & Hazardous MaterialsHazards & Hazardous MaterialsCultural ResourcesCultural ResourcesPaleontologicalPaleontologicalResourcesResources Statement of Overriding Statement of Overriding ConsiderationsConsiderationsUnmitigated Cumulative Impact to Air Quality Unmitigated Cumulative Impact to Air Quality ••Marginal contribution to preMarginal contribution to pre--existing regional air existing regional air basin conditions that currently fail to meet standards basin conditions that currently fail to meet standards Justification for Overriding Consideration can Justification for Overriding Consideration can be made due to the project benefits such as: be made due to the project benefits such as: ••Providing a range of housing typesProviding a range of housing types••Providing open space and preservation of sensitive Providing open space and preservation of sensitive habitat typeshabitat types••Constructing Citywide road network improvementsConstructing Citywide road network improvements••Constructing Basin BJ Constructing Basin BJ RecommendationRecommendationCertify EIR 02Certify EIR 02--02 and Adopt the Candidate 02 and Adopt the Candidate Findings of Fact, Statement of Overriding Findings of Fact, Statement of Overriding Consideration, and Mitigation Monitoring and Consideration, and Mitigation Monitoring and Reporting Program;Reporting Program;Approve LFMP 15(C);Approve LFMP 15(C);Approve GPA 01Approve GPA 01--09, ZC 0009, ZC 00--05, CT 0005, CT 00--18, SDP 18, SDP 0101--10, & HDP 0010, & HDP 00--09 09 --Cantarini Cantarini Ranch; and Ranch; and Approve GPA 00Approve GPA 00--06, ZC 0006, ZC 00--09, CT 0009, CT 00--21 & 21 & HDP 00HDP 00--12 12 ––Holly Springs.Holly Springs.