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2009-09-15; City Council; 19961; Tabata 10
CITY OF CARLSBAD - AGENDA BILL 19,961AB# MTG. DEPT. PLN 09/15/09 TABATA 10 GPA 06-04/LCPA 06-02/ZC 06-03 DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2009-230 . ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and APPROVING General Plan Amendment (GPA 06-04) and Local Coastal Program Amendment (LCPA 06-02), and INTRODUCE Ordinance No. cs-ose APPROVING a Zone Change (ZC 06-03) based upon the findings and subject to the conditions contained therein. ITEM EXPLANATION: Project Application(s) Environmental Review (MND) GPA 06-04 LCPA 06-02 ZC 06-03 CT06-13 SUP 06-08 HDP 07-03 CDP06-19 Administrative Approvals Planning Commission RA RA RA RA X X X X City Council X X / X RA = Recommended Approval x = Final City decision-making authority s = requires Coastal Commission approval On July 15, 2009, the Planning Commission conducted a public hearing and recommended to the City Council approval (7-0) of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, a General Plan Amendment, Local Coastal Program Amendment, and Zone Change to change the General Plan land use designation and the Zoning and Local Coastal Program Zoning designations on a 10.16 acre property generally located at the north- east end of Camino Hills Drive along the west side of El Camino Real within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 24. The General Plan Amendment would change the Land Use designation from Residential Low- Medium Density (RLM, 0-4 du/ac) and Open Space (OS) to RLM. The Zone Change and Local Coastal Program Amendment would change the zoning designations from Limited Control (L-C) to One-Family Residential (R-1). At the same hearing, the Planning Commission also approved (7-0) a Tentative Tract Map, Scenic Corridor Special Use Permit, Hillside Development Permit and Coastal Development DEPARTMENT CONTACT: Corey Funk 760-602-4645 corev.funk@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED XD D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 Permit. These permits would allow for the subdivision and development of the 10.16 acre property into 26 minimum 7,500 square foot single-family residential lots and one (1.7 acre) common open space lot, project grading and utility construction. In order to comply with the City's Inclusionary Housing Requirement, the project has been conditioned to provide second dwelling units (SDUs) as no off-site inclusionary housing credits are currently available in the Northwest Quadrant. However, should credits become available in the near future, the condition allows the project the option to purchase inclusionary housing credits. Three residents spoke and two letters were received at the Planning Commission hearing regarding neighborhood concerns about short-term construction impacts, drainage, water availability, traffic and privacy. The Planning Commission amended the landscape conditions to require enhanced new vegetation at the western edge of the property to ensure adequate privacy is maintained between existing homes and new homes. A full disclosure of the Planning Commission's actions and a complete description and staff analysis of the proposed project are included in the attached minutes and Planning Commission staff report. The Planning Commission and staff are recommending approval of the proposed land use and zoning amendments. FISCAL IMPACT: All public facilities required to serve the project will be constructed prior to or concurrent with development as mandated by the Zone 24 Local Facilities Management Plan. Since these improvements will be constructed by the developer, no negative fiscal impacts will be incurred by the City. ENVIRONMENTAL IMPACT: The project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The environmental impact assessment prepared in conjunction with the project identified potentially significant impacts to both biological, cultural resources, as well as exposure of people to roadway noise. Mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published by the Planning Director on Jan. 16, 2009. EXHIBITS: 1. City Council Resolution No. 2009-230 2. City Council Ordinance No. cs-osa 3. Location Map 4. Planning Commission Resolutions No. 6601, 6602, 6603, 6604, 6605, 6606, 6607, and 6608 5. Planning Commission Staff Report dated July 15, 2009 6. Letter from John Peacock 7. Letter from Merwyn O. Faiman and Mary Alice Brendle 8. Draft Excerpts of Planning Commission Minutes, dated July 15, 2009. EXHIBIT 1 1 RESOLUTION NO. 2009-230 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED 3 NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING A GENERAL 4 PLAN AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO CHANGE THE GENERAL PLAN LAND USE 5 DESIGNATION FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) AND OPEN SPACE (OS) TO RESIDENTIAL 6 LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) AND THE LOCAL COASTAL PROGRAM ZONING DESIGNATION FROM LIMITED 7 CONTROL (L-C) TO ONE FAMILY RESIDENTIAL (R-1) ON A 10.16 ACRE SITE GENERALLY LOCATED AT THE NORTH- 8 EAST END OF CAMINO HILLS DRIVE ALONG THE WEST SIDE OF EL CAMINO REAL WITHIN THE MELLO II SEGMENT OF 9 THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 24. 10 CASE NAME: TABATA10 CASE NO.: GPA 06-04/LCPA 06-0211 The City Council of the City of Carlsbad, California, does hereby resolve as 12 follows: 13 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 14 Commission did, on July 15, 2009, hold a duly noticed public hearing as prescribed by law to 15 consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting program, 16 as referenced in Planning Commission Resolution No. 6601, General Plan Amendment GPA 17 06-04, according to Exhibit "GPA 06-04" attached to Planning Commission Resolution No. 6602 1 810 and incorporated herein by reference, and Local Coastal Program Amendment LCPA 06-02, 1 Q according to Exhibit "LCPA 06-02" attached to Planning Commission Resolution No. 6602 and 20 incorporated herein by reference to change the General Plan designation from Residential Low- 21 Medium Density (RLM, 0-4 du/ac) and Open Space (OS) to Residential Low-Medium Density 22 (RLM, 0-4 du/ac), and to change the Local Coastal Program Zoning designation from Limited 23 Control (L-C) to One Family Residential (R-1), and the Planning Commission adopted Planning 24 Commission Resolutions No. 6601, 6602, and 6603 recommending to the City Council that they be approved; and 26 WHEREAS, the City Council of the City of Carlsbad, on the i5tv. day of 27 September , 2009, held a duly noticed public hearing to consider said Mitigated 28 1 Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan 2 Amendment, and Local Coastal Program Amendment; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony 4 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 5 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 6 General Plan Amendment, and Local Coastal Program Amendment. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 8 of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the adoption of 11 a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approval of a General Plan Amendment and Local Coastal Program Amendment are adopted 12 and approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 6601, 6602, and 6603 on file with the City Clerk and 13 incorporated herein by reference, are the findings and conditions of the City Council. 14 3. That the application for a General Plan Amendment to change the Land Use designation from Residential Low-Medium Density (RLM, 0-4 du/ac) and Open Space (OS) 15 to Residential Low-Medium Density (RLM, 0-4 du/ac) on a 10.16 acre site generally located at the north-east end of Camino Hills Drive along the west side of El Camino Real within the Mello 16 II Segment of the Local Coastal Program and Local Facilities Management Zone 24, as shown in Planning Commission Resolution No. 6602, is hereby accepted and approved, and shall be 17 effective no sooner than thirty days after its adoption but not until LCPA 06-02 is approved by the California Coastal Commission. 18 4. That the approval of LCPA 06-02 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 5. This action is final the date this resolution is adopted by the City Council and is subject to the approval of the LCPA 06-02 by the California Coastal Commission. The 22 Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 23 24 25 26 27 28 -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 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 review must be filed in the appropriate court not later than the nineteenth 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 deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 15tb day of September 2009, by the following vote, to wit: AYES: Council Members Lewis, Kulcbin, Hall, Packard & Blackburn. NOES: None. ABSENT: None. )RRAINE\M. WO' (SEAL) Cit Clerk ^oV*tt"\*i'\$l/^ -3-5 EXHIBIT 2 1 ORDINANCE NO. CS-056 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF 3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE FROM 4 LIMITED CONTROL (L-C) TO ONE FAMILY RESIDENTIAL (R-1) ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST 5 END OF CAMINO HILLS DRIVE ALONG THE WEST SIDE OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 6 24. CASE NAME: TABATA 10 7 CASE NO.: ZC 06-03 8 The City Council of the City of Carlsbad, California, does ordain as follows: 9 WHEREAS, the City Council did on the iSi-Vi day of September . hold a duly 10 noticed public hearing as prescribed by law to consider said request; and 11 WHEREAS, said application constitutes a request for a Zone Change as shown 12 on Exhibit "ZC 06-03 - TABATA 10," dated July 15, 2009, attached hereto and made a part 13 hereof; and 1^ WHEREAS at said public hearing, upon hearing and considering all testimony 15 and arguments, if any, of all persons desiring to be heard, said City Council considered all 16 factors relating to the ZC 06-03 - TABATA 10. 17 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 18 follows: 10 SECTION I: That section 21.50.030 of the Carlsbad Municipal Code, being the 20 zoning map, is amended as shown on the map marked "ZC 06-03 - TABATA 10," dated July 21 15, 2009, attached hereto and made a part hereof. 22 SECTION II: That the findings and conditions of the Planning Commission in 23 Planning Commission Resolution No. 6604 shall also constitute the findings and conditions of 24 the City Council. 25 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty ^f. days after its adoption, but not until Local Coastal Program Amendment LCPA 06-02 is approved by the California Coastal Commission, and the City Clerk shall certify to the adoption 28 -1- 1 of this ordinance and cause it to be published at least once in a publication of general circulation 2 in the City of Carlsbad within fifteen days after its adoption, (Notwithstanding the preceding, this 3 ordinance shall not be effective within the City's Coastal Zone until approved by the California 4 Coastal Commission.) 5 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 6 Council on the 15tb day of September 2009, and thereafter. 7 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 8 Carlsbad on the day of 2009, by the following vote, to wit: 9 AYES: 10 NOES: 1 ABSENT: ABSTAIN: 13 14 APPROVED AS TO FORM AND LEGALITY 15 16 RONALD R. BALL, City Attorney 17 18 CLAUDE A. LEWIS, Mayor 20 ATTEST: 21 22 LORRAINE M. WOOD, City Clerk 23 (SEAL) 24 25 26 27 28 -2- ZC 06-03 Tabata 10 7/15/09 EXISTING PROPOSED Related Case File No(s): GPA 06-04/ LCPA 06-02/ CT 06-13/ SUP 06-08/ CDP 06-19/ HDP 07-03 Zoning Designation Changes Property A. B. C. D. E. F. G 212-050-33 212-050-32 From: L-C L.-C To: R-1 R-1 EXHIBIT 3 i SITEMAP NOT TO SCALE Tabata 10 GPA 06-047 LCPA 06-02 / ZC 06-03 EXHIBIT 4 1 PLANNING COMMISSION RESOLUTION NO. 6601 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION 4 AND MITIGATION MONITORING AND REPORTING PROGRAM, GENERAL PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT AND ZONE CHANGE 6 TO SUBDIVIDE A 10.16 ACRE SITE INTO 26 SINGLE FAMILY LOTS AND ONE OPEN SPACE LOT ON PROPERTY 7 GENERALLY LOCATED AT THE NORTHEAST END OF CAMINO HILLS DRIVE ALONG THE WEST SIDE OF EL 8 CAMINO REAL IN LOCAL FACILITIES MANAGEMENT 9 ZONE 24. CASE NAME: TAB ATA 10 10 CASE NO.: GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/ SUP 06-08/HDP 07-Q3/ CDP 06-19 11 WHEREAS, the Tabata Family, "Developer/Owner," has filed a verified 13 application with the City of Carlsbad regarding property described as 14 Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the City of Carlsbad, County of San Diego, State of California Rec. 15 March 21, 1974 in the Office of the County Recorder of said -,{ San Diego County 17 ("the Property"); and 18 WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and 19 Reporting Program was prepared in conjunction with said project; and 20 WHEREAS, the Planning Commission did on the 15th day of July, 2009, hold a 21 duly noticed public hearing as prescribed by law to consider said request; and 22 „ WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, examining the initial study, analyzing the information submitted by staff, and 25 considering any written comments received, the Planning Commission considered all factors *•" relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 27 Program. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit 4 "MND," according to Exhibits "Notice of Intent (NOI)," and "Environmental - Impact Assessment Form - Initial Study (EIA)," attached hereto and made a part hereof, based on the following findings and subject to following conditions: 6 Findings: 7 1. The Planning Commission of the City of Carlsbad does hereby find:8 it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the TABATA 10 - GPA 10 06-04, LCPA 06-02, ZC 06-03, CT 06-13, SUP 06-08, CDP 06-19 and HDP 07- 03, the environmental impacts therein identified for this project and any 11 comments thereon prior to RECOMMENDING APPROVAL of the proj ect; and 12 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 13 Program has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental 14 Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 17 d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 18 Conditions: 1. Developer shall implement, or cause the implementation of, the TABATA 10 - GPA 06- 04, LCPA 06-02, ZC 06-03, CT 06-13, SUP 06-08, CDP 06-19 and HDP 07-03 Project 21 Mitigation Monitoring and Reporting Program. 22 23 24 25 26 27 28 PCRESONO. 6601 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery MARTEEEB. MONTGWdERY, CARLSBAD PLANNINXi COM? ATTEST: rperson ION DON NEU Planning Director PCRESONO. 6601 -3- City of Carlsba Planning Department NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: CASE NO: FEB 2009 Planning D GPA 06-Q4/ LCPA 06-027 ZC 06-037 CT 06-137 SUP 06-fr%PjCDP 06- 19/HDP 07-03 "^?£frFzV PROJECT LOCATION: At the north-east end of Camino Hills Drive and the west side ofET' Camino Real PROJECT DESCRIPTION: The project consists of a General Plan Amendment, Local Coastal Program Amendment, Zone Change, Tentative Tract Map, Special Use Permit, Coastal Development Permit and Hillside Development Permit to subdivide and grade a 10.16 acre site located at the northeast end of Camino Hills Drive into 26 single family residential lots and one open space lot. Single-family residences are not proposed for development at this time. The GPA is proposed to rectify a previous mapping error by re-designating the southwest one-third of the property from Open Space (OS) to Residential Low Medium (RLM) and the ZC will change the zoning of the entire property from Limited Control (LC) to One-Family Residential (R-l). An LCP amendment is required to reflect the new RLM designation and R-l zone on the LCP Land Use Plan and Zoning Maps respectively. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project, "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission and City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and . approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Corey Funk in the Planning Department at (760) 602-4645. PUBLIC REVIEW PERIOD PUBLISH DATE January 16. 2009 - February 15, 2009 January 16.2009 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: GPA 06-04/ LCPA 06-027 ZC 06-03/ CT 06-137 SUP 06-087 CDP 06-19/HDP 07-03 DATE: December 22. 2008 BACKGROUND 1. CASE NAME: Tabata 10 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Corey Funk, (760) 602-4645 4. PROJECT LOCATION: At the north-east end of Camino Hills Drive and the west side of El Camino Real 5. PROJECT SPONSOR'S NAME AND ADDRESS: Tabata Family. P.O. Box 679, Carlsbad, CA 92018 6. GENERAL PLAN DESIGNATION: RLM - Residential Low-Medium Density (0-4 du/ac) / OS - Open Space : 7. ZONING: L-C (Limited Control) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): California Coastal Commission (For LCPA) 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The Tabata 10 project is located on a 10.16-acre site in the northwest quadrant of the City of Carlsbad, at the north end of Camino Hills Drive and on the west side of El Camino Real. The project includes a proposal to subdivide and grade the site into 26 single family residential lots and one open space lot. Dwelling units are not proposed with this project. The proposed project includes a General Plan Amendment (GPA 06-04), a Zone Change (ZC 06- 03), and a Local Coastal Program Amendment (LCPA 06-02) to change the General Plan Land Use designation from Residential Low-Medium Density (RLM) and Open Space (OS) to only RLM, and to change the zoning designation from Limited Control (L-C) to One-Family Residential (R-l). The application also includes a Tentative Subdivision Map (CT 06-13), Site Development Plan (SDP 06-08), Coastal Development Permit (CDP 06-19), and Hillside Development Permit (HDP 07-03), to allow for the subdivision and grading of the project site. The OS General Plan Land Use designation on part of the project property (APN 212-050-33) is the result of a mapping error that occurred during the 1992 Open Space & Conservation Resource Management Plan mapping process and 1994 Carlsbad General Plan update. The area within the boundary of the OS designation on APN 212-050-33 consists of disturbed habitat, which was used for agriculture, and irrigated exotic landscaping. No sensitive habitat has been found in this area. The OS General Plan Designation on APN 212-050-33 does not belong, and it should have GPA 06-047 LCPA 06-027 ZC 06-037 CT 06-137 SUP 06-087 CDP 06-197HDP 07-03 TabatalO been designated on APN 212-050-46, which was dedicated to the City by the adjacent Camino Hills Mobile Home Park for open space purposes. A subsequent project, GPA 05-127 LCPA 05-087 ZC 05-11 - HMP Hardline GPA, correctly applied a General Plan Open Space land use designation, Zoning Open Space zoning designation, and corresponding Local Coastal Program land use and zoning designations to the Camino Hills Mobile Home Park open space parcel: APN 212-050-46. The remaining task needed to rectify the mapping error will be accomplished by the current project, GPA 06-04, which will remove the incorrectly applied OS General Plan designation from the Tabata 10 parcel, APN 212-050-33. The purpose of the L-C zoning on the subject property is to provide an interim zone where planning for future land uses has not been completed. Upon the preparation of specific plans for development, the L-C zoning would be replaced with zoning which implements the underlying General Plan designation. As such, R-l zoning is proposed by the project, which will implement the RLM General Plan land use designation. The project proposes to develop 26 single-family lots consistent with the RLM and R-l designations. Though not proposed at this time, a future project will develop single-family residences on the lots. Additionally, proposed single-family development on the project property is compatible with the existing single-family residences on surrounding properties. The site is surrounded by a grove of Eucalyptus trees and existing single family homes on the north, and single-family homes on the south and west sides of the property. Adjacent property on the east side of El Camino Real is primarily vacant including, the parcel across El Camino Real to the north east which is zoned C-L Local Shopping Center. The site slopes gradually downhill to the north-east toward a 10w point adjacent to El Camino Real, with the exception of a small knoll on the north end adjacent to Camino Hills Drive. Manufactured slopes exist on the south and west sides of the property. An existing single family house is located on top of the knoll. The gradually sloping majority of the property has been previously used for agriculture for over 70 years. Access to the site will be provided by Camino Hills Drive. The project includes the demolition of the single family house, extension of public streets from Camino Hills Drive southward which will create a "grid-like" layout, and re-grading the site to develop 26 single family residential lots and a contoured and landscaped sound berm on the proposed open space lot along El Camino Real. Rev. 11/17708 GPA 06-04/ LCPA 06-02/ ZC 06-03/ CT 06-137 SUP 06-08/ CDP 06-19/HDP 07-03 Tabata 10 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality /\ Biological Resources /\ Cultural Resources Geology/Soils /\ Noise Hazards/Hazardous Materials LJ Population and Housing Hydrology/Water Quality Land Use and Planning Mineral Resources /\ Mandatory Findings of Significance Public Services Recreation Transportation/Circulation Utilities & Service Systems Rev. 11/17/08 GPA 06-04/ LCPA 06-027 ZC 06-03/ CT 06-13/ SUP 06-08/ CDP 06-19/HDP 07-03 Tabata 10 DETERMINATION. (To be completed by the Lead Agency) I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. 1 find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or ytigation measures that are imposed upon the proposed project. Therefore, nothing further is required. 1 / I? Date I/13/0 Planning Director's Signature Date Rev. 11/17/08 GPA 06-04/ LCPA 06-02/ ZC 06-03/ CT 06-137 SUP 06-08/ CDP 06-19/HDP 07-03 Tabata 10 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 11/17/08 i£,, GPA 06-047 LCPA 06-02/ ZC 06-03/ CT 06-13/ SUP 06-087 CDP 06-19/HDP 07-03 Tabata 10 • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 11/17/08 GPA 06-04/ LCPA 06-02/ ZC 06-03/ CT 06-13/ SUP 06-08/ CDP 06-19/HDP 07-03 Tabata 10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? a, c - d) Less than Significant Impact. Since El Camino Real is a City designated Scenic Corridor, the proposed project is subject to and designed to comply with the City's El Camino Real Corridor Development Standards. The project lots are setback a minimum of 95' from El Camino Real and development is separated from the road with a heavily landscaped and contoured berm. The berm and landscaping will create a visual buffer between the homes and views from El Camino Real, and is designed to blend with existing topography adjacent to the site. The proposed grading design and compliance of the homes with corridor height and grading standards adequately mitigates any potential visual project impacts to the El Camino Real scenic corridor. As the property and roadway are in a topographic depression, no distant scenic vistas are visible from the roadway in the direction of the site, therefore the project will not significantly impact or obstruct public views of scenic vistas such as a lagoon, valley or backcountry. Though the existing open nature of the site will be changed by the project; the perimeter project landscaping and berm along El Camino Real will blend the site with its neighboring surroundings and mitigate any potential aesthetic impacts. All existing landscaping on the south and west slopes will be preserved. Though the current use of the site produces no light glare, the proposed use is consistent with the adjacent uses and will only produce light and glare in a comparable manner to its neighbors, and as such, the increase in light and glare will not contribute a significant amount of light or glare or create a significant impact. b) No Impact. No trees or rock outcroppings will be impacted by the proposed project. No historic buildings are located in or adjacent to the site. The area of proposed impact is not located within the viewshed of a State scenic highway or any State highway that is designated by CalTrans as eligible for listing as a scenic highway. No impact is assessed. Rev. 11/17/08 GPA 06-04/ LCPA 06-02/ ZC 06-037 CT 06-13/ SUP 06-08/ CDP 06-19/HDP 07-03 Tabata 10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? a) Less than Significant Impact. It is estimated that the project site has previously been used for agriculture for approximately 70 years, though all agricultural activity has ceased within the last few years (Vinje & Middleton Engineering, Inc., 04/27/06). Though previously used for agriculture, the project site is not designated as prime agricultural land in the Local Coastal Program (LCP) and is not identified on Map X as agricultural land subject to the LCP Agricultural Conversion Mitigation Fee. The project site not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (California State Department of Conservation, June 1990); therefore, the project will not impact important agricultural resources. The project is subject to the disturbed/agriculture fee in the City of Carlsbad Habitat Management Plan. b) No Impact. The existing and proposed General Plan designation is Residential Low-Medium (RLM), which anticipates low to medium density residential development (0 to 4 du/ac). The project proposes single family residential at a density of 3.03 dwelling units per acre, consistent with the General Plan. The subject site is not encumbered by a Williamson Act contract. c) No Impact. The subject property is an infill site which is no longer farmed and is substantially surrounded by existing urban development. No changes proposed by the project will impact other farms or result in additional farmland conversion in the area as none are adjacent. Rev. 11/17/08 GPA 06-04/ LCPA 06-02/ ZC 06-03/ CT 06-13/ SUP 06-087 CDP 06-19/HDP 07-03 Tabata 10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (O3) and for particulate matter less than or equal to 10 microns in diameter (PM!0). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARE) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. The proposed residential subdivision is consistent with the Carlsbad RLM General Plan land use designation. Section 15125(B) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality Rev. 11/17/08 •£-" GPA 06-04/ LCPA 06-021ZC 06-03/ CT 06-13/ SUP 06-08/ CDP 06-19/HDP 07-03 Tabata 10 management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the Carlsbad General Plan and the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004, indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. The future development of the 26 lots with single family residences will generate long term emissions. However, long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project when fully developed with residences would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130(a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. d) No impact. As noted above, the proposed would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) No Impact. The construction of the proposed project and future residences could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 10 Rev. 11/17/08 Z' GPA 06-04/ LCPA 06-02/ ZC 06-03/ CT 06-13/ SUP 06-08/ CDP 06-19/HDP 07-03 Tabata 10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a & b) Less than significant Impact. The City of Carlsbad has an adopted Habitat Management Plan (HMP), which is a comprehensive, citywide, program to identify how the City, in cooperation with the federal and state wildlife agencies, can preserve the diversity of habitat and protect sensitive biological resources within the City while allowing for additional development consistent with the City's General Plan and its Growth Management Plan. In so doing, the Plan is intended to lead to 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 discussed in the subsequent passages, the project does not conflict with any of the provisions of the HMP. The 10.16-acre project site is primarily undeveloped with the exception of an existing single family home, and the majority of the property has previously been used for agriculture. Manufactured slopes on the south and west sides of the property are landscaped and irrigated. The property is surrounded by detached single-family homes to the north, west and south, and El Camino Real to the east. According to the HMP, the site is identified as a Development Area, and is not located adjacent to any Standards Areas or Existing or Proposed Hardline Preserve Areas. A Habitat Mapping Report of the project site was prepared by Dossey & Associates on October 1, 2007 (revised December 10, 2008). According to the report, the following habitat types exist on site and in the off-site area of expansion for Camino Hills Drive: disturbed (7.7 acres), non-native grassland (0.9 acres), eucalyptus woodland (0.3 acres), developed (1.2 acres) and landscaped (O.04 acres). Just over 1 acre of mature landscaped area will remain in place, and no native species were found on site. According to the HMP, non-native grassland is a Group E habitat and may be mitigated by an in-lieu fee. The non-native grassland on site is intermixed with a majority of exotic species and provides only minimal habitat value. According to the HMP, disturbed, eucalyptus and agricultural lands are group F Habitat which do not have a preservation requirement and may be mitigated by an in-lieu fee as 11 Rev. 11/17/08 GPA 06-04/ LCPA 06-02/ ZC 06-037 CT 06-137 SUP 06-087 CDP 06-19/HDP 07-03 Tabata 10 well. The developer, in accordance with the provisions of the HMP, is conditioned as part of the project to pay in- lieu fees for impacts to 0.9-acres of Group-E Habitat and 8.0 acres of Group F Habitat. Sensitive Plant Species According to the Habitat Mapping Report, no narrow endemic or other sensitive plant species listed by the HMP were observed onsite. A site survey of sensitive plant species listed in the HMP with a potential for occurrence on the project site was prepared. None of the species listed were identified on the site. The report states that there is no potential for the occurrence of narrow endemics on the property. Therefore, impacts are considered less than significant. Sensitive Wildlife Species According to the Habitat Mapping Report, no sensitive wildlife species listed by the HMP were observed onsite. Construction of the proposed project is not expected to significantly impede local wildlife because the subject area has not been identified by the HMP as a connectivity link or Core Area to be preserved. d) Potentially Significant Impact Unless Mitigation Incorporated. The project is consistent with the City of Carlsbad HMP, and is also not part of the HMP Core and Linkage Areas. Since the property is not connected with other significant open space areas in the City and is an infill development project surrounded by development on all sides, the project does not interfere significantly with the movement of wildlife species on the ground. According to the Habitat Mapping Report, the expansion area of Camino Hills Drive for the project is identified as Eucalyptus woodland. Birds protected by the federal Migratory Bird Treaty Act (MBTA) may nest in the landscaping (trees and shrubs) currently located on the project site. The MBTA prohibits acts that result in the "take" of most nongame native bird species and their nests. Specifically, "take" includes actions that result in direct mortality, removal of an active nest (where eggs or young are present), or disturbance of the adult birds that results in abandonment of the nest. Should construction occur during the bird breeding season of February 15 through August 30, significant impacts could occur to nesting sites. If construction occurs during breeding season, then standard wildlife nursery site protection methods shall be implemented through a mitigation measure, which will reduce potential impacts to nesting birds below a level of significance. In compliance with the MBTA, this mitigation measure requires a qualified biologist to conduct a focused survey for bird nests within 72 hours of grading or other construction activities. If active nests are found, a buffer zone shall be established to protect the nest site until juveniles have fledged and nesting is complete. c, e-f) No Impact. The above Habitat Mapping Report does not identify any wetlands or wetland habitat on site. No tributary areas were identified on site. The City of Carlsbad has no adopted tree preservation policy or ordinance which would affect the subject project. The subject project will not significantly impact trees or other biological resources protected by such policy or ordinance except as otherwise described above. As stated above, the project does not conflict with the HMP. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? 12 Rev. 11/17/08 GPA 06-04/ LCPA 06-02/ ZC 06-03/ CT 06-13/ SUP 06-08/ CDP 06-19/HDP 07-03 Tabata 10 c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a, b & d) No Impact. The City of Carlsbad Historic Resources Inventory identified no historic structures on the project site. A cultural resources survey was completed for the proposed project (Brian F. Smith and Associates, April 20, 2006) in order to identify potential prehistoric and historic resources on the subject property. An archeological pedestrian survey of the site and an institutional records search by the South Coastal Information Center (SC1S) at San Diego State University (SDSU) were performed in accordance with CEQA Sec. 15064.5 criteria, and no cultural resources were found within the project boundaries. Given the absence of previously recorded cultural resources and the native field survey, no additional cultural resource work was recommended c) Potentially Significant Impact Unless Mitigation Incorporated. According to the Phase I Environmental Site Assessment, the soils on the site contain Tertiary Santiago Formation, which are known to produce fossils. The Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01) also indicates this soil type may contain fossils. The project requires significant remedial grading excavation (up to 10 feet of cut) in some portions of the site, and removal of this material has the potential to adversely impact scientifically significant paleontological resources. If paleontological resources are unearthed, then standard recovery methods shall be implemented. A mitigation program which involves review of the grading plans, attendance of a paleontologist at grading meetings and during the grading operation with the authority to direct grading operations to salvage resources, and curation of the resources will mitigate the impacts to a less than significant level. VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 13 Rev. 11/17/08 GPA 06-047 LCPA 06-027 ZC 06-037 CT 06-137 SUP 06-087 CDP 06-197HDP 07-03 Tabata 10 b) Result in substantial soil erosion or the loss of topsoil? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Section 1802.3.2 of the California Building Code (2007), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? a. i.) No Impact. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. a. ii.) Less than Significant Impact. A geotechnical investigation of the project site was prepared by Vinje & Middleton Engineering, Inc. (June 23, 2006) to provide subsurface information and geotechnical recommendations specific to the proposed Tabata 10 residential subdivision. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. However, there are several active faults throughout Southern California, the closest of these is the Rose Canyon Fault located 6.6 miles to the west, and these potential faults could affect Carlsbad. The report states that strong seismic ground shaking is a potential that affects all construction in this region of California. It is understood that the same building code standards, which ensure the relative safety of all new residential construction in the region^ will be applied to the future units constructed on the proposed lots. Conditions of project approval require that the project incorporate all recommendations in the Geotechnical Investigation into the design of the project. a. iii.) Less than Significant Impact. According to the geotechnical investigation, much of the property is occupied by undifferentiated fill/alluvial soil, which would be susceptible to seismic shaking, liquefaction and related ground failures; however proper remedial grading and re-compaction techniques, as proposed by the project, will reduce this impact to less than significant. The geotechnical investigation states that the proposed development is feasible from a geotechnical standpoint provided that the recommendations included in the report are incorporated into the design and construction phases of the project. The recommendations will be incorporated into the project conditions of approval. a. iv.) No Impact. According to the project Preliminary Geotechnical Investigation (Vinje & Middleton Engineering, Inc., June 23, 2006), the existing fill slopes on the south and east perimeter of the property show no evidence of instability or landslide risk. b) No Impact. The topography of the site is considered relatively flat with elevations ranging from approximately 87 feet above mean sea level (msl) in the north corner of the site to approximately 166 feet ms! at the south corner of the site. The project's compliance with standards in the City's Excavation and Grading Ordinance that prevent erosion through slope planting and installation of temporary erosion control measures will avoid substantial soil erosion and loss of topsoil impacts. 14 Rev. 11717/08 GPA 06-04/ LCPA 06-02/ ZC 06-03/ CT 06-13/ SUP 06-087 CDP 06-19/HDP 07-03 Tabata 10 c & d) Less than Significant Impact. The Preliminary Geotechnical Investigation indicates that existing undifferentiated fill/alluvial soil will require removal and re-compaction according to the recommendations in the report. On-site soils are generally very low to high in expansion potential and recommendations for foundation design and construction are presented in the report. The report indicates that development of the property appears to be feasible from a geotechnical viewpoint, provided the recommendations presented in the report are properly incorporated into the design and construction of the project. These recommendations are part of the project conditions of approval and will reduce this impact to less than significant. e) No Impact. The proposed project does not propose septic tanks and will utilize the public sewer system. Therefore, there will be no impacts involving soils that support the use of septic tanks or alternative wastewater disposal systems. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 15 Rev. 11/17/08 GPA 06-047 LCPA 06-02/ ZC 06-03/ CT 06-13/ SUP 06-087 CDP 06-197HDP 07-03 Tabata 10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? a-b) Less Than Significant Impact. Phase I and II Environmental Site Assessments were prepared for the project property (Vinje & Middleton Engineering, Inc., April 27 and November 6, 2006). The Phase 1 Environmental Site Assessment identified a 200-gallon fuel storage tank and pesticide use during the past agricultural activites as potential concerns, and recommended soil samples. The Phase II Environmental Site Assessment performed this soil analysis and found no detectable concentrations of pesticides, gasoline or diesel. The Phase I Environmental Site Assessment recommends that the existing house be analyzed for asbestos and lead based paint prior to demolition, which will be incorporated into the conditions of approval. By following the recommendations contained within the referenced report, the site is suitable for the proposed project, and exposure of people to hazardous materials is considered to be less than significant. The project also involves grading operations and construction activity for the future development of single-family homes. During the construction phases of the proposed project, construction equipment and materials typically associated with land development (i.e. petroleum products, paint, oils and solvents) will be transported and used onsite. Upon completion of construction of the project, some use of hazardous cleaning products on the site may occur. Other than during this construction phase, the project will not routinely utilize hazardous substances or materials. All transport, handling, use, and disposal of any cleaning substances will comply with all federal, state, and local laws regulating the management and use of such materials. No extraordinary risk of accidental explosion or the release of hazardous substances is anticipated with construction, deyelopment, and implementation or operation of the proposed project. It is concluded that the routine amount of hazardous materials utilized during the construction period is not significant, and therefore the impact to the public or the environment through the routine transport, use, or disposal of hazardous materials is considered to be less that significant. c) No Impact. The nearest schools to the site are Kelly Elementary School, located approximately 1.4 miles to the northwest, and the proposed new high school, located approximately 0.7 miles to the north. Because the site is not located within one-quarter mile of an existing or proposed school, no significant impact is anticipated. d) No Impact. The subject property is not included on any lists or registry of sites containing hazardous materials. No impact is assessed. e) No Impact. The subject site is located approximately 1 mile north of the McClellan-Palomar Airport. Because the site is located outside of the McClellan-Palomar Airport Area of Influence and furthermore is not located within any Flight Activity Area or Runway Protection Zone, it is concluded that the site will not cause a safety hazard for people residing within the project area. No impact is assessed. f) No Impact. No private airstrip exists within the vicinity of the subject project. No impact is assessed. g) No Impact. The proposed project involves development of an undeveloped parcel. The project is located directly adjacent to Camino Hills Drive and El Camino Real. Neither construction nor the operation of the proposed project facilities will significantly affect, block, or interfere with traffic on public streets, including any streets that would be used for an emergency response plan or emergency evacuation plan. No emergency response or evacuation plan directs evacuees through the project site, and no improvements are proposed by the project in any area which would physically interfere with an adopted emergency response plan or emergency evacuation plan. 16 Rev. 11/17/08 GPA 06-047 LCPA 06-02/ ZC 06-03/ CT 06-13/ SUP 06-087 CDP 06-197HDP 07-03 Tabata 10 h) No Impact. The project is not adjacent to open space or natural habitat, and is not located in an area that will expose people or structures to a significant risk of loss, injury or death involving wildland fires. As such, no fire suppression plans are required for this project and no impact is assessed. VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 17 Rev. 11/17/08 L/ GPA 06-04/ LCPA 06-02/ ZC 06-03/ CT 06-13/ SUP 06-087 CDP 06-19/HDP 07-03 Tabata 10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact j) Inundation by seiche, tsunami, or mudflow? k) Increase erosion (sediment) into receiving surface waters. 1) Increase pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? n) Increase any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? o) Increase impervious surfaces and associated runoff? p) Impact aquatic, wetland, or riparian habitat. q) Result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? a) Less Than Significant Impact. Federal, state and local agencies have established goals and objectives for storm water quality in the region. Prior to the start of construction, the proposed project will comply with all federal, state and local permits including the Storm Water Management Plan (SWMP) required under the County of San Diego Watershed Protection, Storm Water Management, and Discharge Control Ordinance (WPO) (Section 67.871), the City of Carlsbad's Standard Urban Storm Water Management Plan (SUSMP), and the National Pollution Discharge Elimination System (NPDES) from the Regional Water Quality Control Board (RWQCB). The project will develop and implement specific erosion control and best management practices to protect downstream water quality. These plans will ensure that acceptable water quality standards will be maintained both during construction as well as post- development. b) Less Than Significant Impact. Ground water is projected to be at a depth of at least 32 feet. The project does not propose to directly draw any groundwater; instead it will be served via existing public water distribution lines within the public right-of-way adjacent to the site. Existing water lines will adequately serve the project's water demands. Rainwater infiltration is needed to provide adequate groundwater recharge. Therefore, the project incorporates Low Impact Development (LID) design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off to landscaped swales and proposed "Filterra" infiltration systems, and serves as a treatment BMP to attain water quality objectives. The project will not significantly deplete groundwater supplies or quality. Therefore, impacts are considered to be less than significant. c) No Impact. There are no streams or rivers within or adjacent to the site. Therefore, no impact is assessed. d - I) Less than Significant Impact. The Hydrology Study, dated May. 13, 2008 and Storm Water Management Plan, dated April 30, 2008, for the Tabata 10 project indicate that the proposed drainage design does not adversely affect surrounding properties and the storm drain system adequately drains the proposed project in a 100-year storm event. Construction of the proposed project improvements is required by law to comply with all federal, state and 18 Rev. 11/17/08 GPA 06-04/ LCPA 06-02/ ZC 06-03/ CT 06-137 SUP 06-087 CDP 06-19/HDP 07-03 Tabata 10 local water quality regulations, including the Clean Water Act and associated NPDES regulations and temporary impacts associated with the construction operation will be mitigated. The total post development runoff discharging from the site will not significantly exceed the pre-development amounts. The project incorporates Low Impact Development (LID) design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off to landscaped swales and proposed "Filterra" infiltration systems, and serves as a treatment BMP to attain water quality objectives. Therefore, the project will not violate any water quality standards, deplete groundwater supplies or quality, substantially alter existing drainage patterns, cause substantial erosion or flooding, or significantly impact the capacity of stormwater drainage systems. g-j) No Impact. The project site is not located within a 100-year flood hazard area according to Flood Insurance Rate Map. Map No. 06073C0768 F. Effective Date June 19, 1997; and according to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. Catastrophic Dam Failure Inundation, Tsunami and Seiche Hazard Zone Maps, November 1992, the project site is not located within an area affected by tsunami, seiche, or mudflow, nor is the site located within a Catastrophic Dam Failure Inundation Area. Therefore, no impact is assessed. k - n) Less than Significant Impact. The Hydrology Study, dated May 13, 2008 and Storm Water Management Plan, dated April 30, 2008, for the Tabata 10 project indicates that Standard Storm Water Permanent Best Management Practices (BMPs) will be incorporated into the project design to address water quality for the project. BMPs will be implemented during construction and post construction phases, which specifically address sediments, nutrients, trash and debris, oxygen demanding substances, oil and grease, bacteria and viruses, and pesticides. As discussed in the sections above, the project will not significantly increase pollutant discharges and will not alter the water quality of the receiving surface waters, and the amount of discharge and velocity of run-off will not significantly exceed pre-development levels. The project incorporates Low Impact Development (LID) design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, directing run-off to landscaped swales areas and proposed "Filterra" infiltration systems, and serves as a treatment BMP to attain water quality objectives. As a result of these project design features, there will be less than significant impact to water quality, site erosion, and pollutant discharge, and no receiving water quality will be adversely affected through implementation of the proposed project. o) Less than Significant Impact. The project will result in an increase in impervious surfaces due to construction of the roadway and 26 future residences with associated hardscape. However, over 36% of the site will remain as pervious landacape areas and slopes. According to the Hydrology Study and Storm Water Management Plan for the Tabata 10 project, the post-development increase in runoff flow from 27.43cfs to 34.14cfs will not significantly impact the Carlsbad storm drain system. p) No Impact. Runoff from the site will not impact aquatic, wetland or riparian habitat as none of these habitat types exists on the site or in the vicinity of the site. q) No Impact. The project will not result in the exceedence of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses. Please refer to the preceding responses. IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact X X ')'19 Rev. 11/17/08 O GPA 06-04/ LCPA 06-02/ ZC 06-03/ CT 06-13/ SUP 06-08/ CDP 06-19/HDP 07-03 Tabata 10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact c) Conflict with any. applicable habitat conservation plan or natural community conservation plan? a-c) No Impact. The project involves subdivision of the site into 26 residential lots for the construction of detached single-family dwelling units, which are consistent with the surrounding land uses. The site does not physically divide an established community, nor does the proposed project conflict with any existing or proposed land use plans or policies, or habitat conservation plans or natural community conservation plans of the City of Carlsbad. The project is consistent with both the City of Carlsbad General Plan and the Local Coastal Program Land Use designations, as both are identified as RLM (Residential Low-Medium Density). RLM anticipates single-family dwellings at 0 to 4 dwelling units per acre. The project is constructing at a density of 3.03 dwelling units per acre, which is within the RLM density range. Therefore, no impact is assessed. Less Than Significant No Impact Impact X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? a-b) No Impact. There are not any known significant mineral resources within the site or immediate vicinity. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 20 Rev. 11/17/08 GPA 06-04/ LCPA 06-021ZC 06-03/ CT 06-131 SUP 06-08/ CDP 06-19/HDP 07-03 Tabata 10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? a) Potentially Significant Unless Mitigation Incorporated. Based on the findings of the Acoustical Site Assessment prepared for the project, future exterior noise levels surrounding the project would not exceed the City threshold of 60 dBA Community Noise Equivalent Level (CNEL). Thus, aside from the proposed sound berm, no exterior mitigation would be required. Future interior noise levels within the project could potentially exceed the City threshold of 45 dBA CNEL due to noise from traffic on El Camino Real. Thus, interior noise mitigation, i.e. specialized door and window treatments, would be required for a future home on Lot #1 as recommended by the Acoustical Site Assessment. Consistent with this assessment, the project will be conditioned to provide an interior noise study prior to issuance of building permits in order to demonstrate that the architectural design would limit interior noise levels to 45 dBA CNEL. This will mitigate the impact to a level of less than significant. b & d) Less Than Significant Impact. The anticipated grading operation associated with the proposed single- family lots will result in a temporary and minor increase in groundborne vibration and ambient noise levels. Following the conclusion of grading, ambient noise levels and vibrations are expected to return to pre-existing levels. c) No Impact. The project consists of 26 single-family lots, which are consistent in use and intensity with the surrounding residential development. As such, the project would not result in sustained ambient noise levels that would exceed the established standards. No impact assessed. e) No Impact. The subject site is located approximately 1 mile north of the McClellan-Palomar Airport. Because the site is located outside of the Airport Area of Influence and furthermore is not located within any Flight Activity Area, Runway Protection Zone or noise contour lines, it is concluded that subdividing the site into 26 single-family lots and locating future homes at this site will not cause a noise impacts for people residing within the project area. No impact is assessed. f) No Impact. No private airstrip exists within the vicinity of the subject project. No impact is assessed. XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 21 Rev. 11/17/08 GPA 06-047 LCPA 06-027 ZC 06-037 CT 06-137 SUP 06-087 CDP 06-19/HDP 07-03 Tabata 10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? a-c) No Impact. The project will allow for the development of 26 single-family dwelling units, which is consistent with the intensity of the surrounding land uses. The property in the immediate vicinity, including the project site, is designated for RLM (0-4 du/ac) residential low medium density development and was analyzed in the City's Growth Management Plan accordingly. The density of the proposed development (3.03 du7ac) is consistent with the City of Carlsbad General Plan and Growth Management Plan. One single family home will be demolished; however, it is owned and occupied by the Tabata family, who is developing the project. Therefore, the project will not displace substantial numbers of people and no impact is assessed. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? a. i - v) No Impact. The project's size of 26 single-family lots for the future development of detached single- family residences is consistent with the General Plan and therefore will not effect the provision and availability of public facilities (fire protection, police protection, schools, parks, libraries, etc.). Through the Carlsbad Growth Management Plan and Zone 24 Local Facilities Management Plan (LFMP), the impacts of development on public services were analyzed and the project has been designed and/or conditioned to provide adequate public services to meet the needs of development. The project will be conditioned to comply with the Zone 24 LFMP performance standards to ensure that adequate public facilities and services are provided prior to or concurrent with the development. Since single family residential development was anticipated and analyzed by the General Plan and Zone 24 LFMP for this site, no public service impacts will occur as a result of this project. 22 Rev. 11/17/08 GPA 06-047 LCPA 06-02/ ZC 06-03/ CT 06-137 SUP 06-087 CDP 06-19/HDP 07-03 Tabata 10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? a-b) No Impact. The project's size of 26 single-family lots for the future development of detached single-family residences will not result in the deterioration of existing neighborhood or regional parks or cause such parks to be expanded. The General Plan and Growth Management Plan anticipated single family residential development at this site, and the North-west Quadrant park district, which the project is within, currently maintains a surplus of park acreage for its population level, so no adverse physical effects on the recreation facilities will occur. XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 23 Rev. 11/17/08 GPA 06-04/ LCPA 06-02/ ZC 06-03/ CT 06-137 SUP 06-08/ CDP 06-19/HDP 07-03 Tabata 10 a) Less Than Significant Impact. The project, when fully developed with residences, will generate 260 Average Daily Trips (ADT) and 21 AM / 26 PM peak hour trips. This traffic will utilize El Camino Real. Existing traffic in the summer of 2008 on this arterial at the monitored road segments nearest to the project site are 23,717 ADT (Mid- Block Link No. 7 between Tamarack Ave. and Kelly Dr.) and 37.735ADT (Mid-Block Link No. 8 between Faraday Ave. and Palomar Airport Rd.). Existing summer of 2008 peak hour level of service at the arterial intersections impacted by the project are LOS A for AM and LOS C for PM (intersection of El Camino Real and Cannon Rd.), and LOS A for AM and PM (intersection of El Camino Real and College Rd.). The design capacity of the arterial road affected by the proposed project is 40,000 + vehicles per day. The project traffic would represent less than 0.11% and 0.065% of the existing traffic volume and the design capacity respectively. While the increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. The proposed project would not, therefore, cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. The impacts from the proposed project are, therefore, less than significant. b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and one highway segment in Carlsbad as part of the regional circulation system. The existing LOS on these designated roads and highway in Carlsbad is: LOS Rancho Santa Fe Road "A-D" El Camino Real "A-D" Palomar Airport Road "A-D" SR 78 "F" The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highway 78 is currently operating at or better than the acceptable standard LOS. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highway and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-term and at buildout. c) No Impact. The proposed project does not include any aviation components. The project is consistent with the Airport Land Use Compatibility Plan, McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City's general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. 0 No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. No impact assessed. g) No Impact. Bike racks are not necessary for single-family residential projects. The project includes the installation of a bus stop on El Camino Real and a pedestrian path linking Camino Hills Drive to El Camino Real, which will provide pedestrian access from the project (and neighboring area) to the bus stop. As such, the project supports alternative modes of transportation and no impact is assessed. 24 Rev. 11/17/08 GPA 06-04/ LCPA 06-02/ ZC 06-03/ CT 06-13/ SUP 06-08/ CDP 06-19/HDP 07-03 Tabata 10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? a-g) No Impact. The proposed residential development will be required to comply with all Regional Water Quality Control Board Requirements. In addition, the Zone 24 LFMP anticipated that the project site would be developed with a residential use and wastewater treatment facilities were planned and designed to accommodate future residential uses on the site. All public facilities, including water facilities, wastewater treatment facilities and drainage facilities, have been planned and designed to accommodate the growth projections for the City at build-out. The proposed development will increase the demand for these facilities; however, the proposed density (3.03 dwelling units per acre) is less than originally anticipated (3.2 dwelling units per acre) for this site and thus will not result in an overall increase in the City's growth projection in the NW quadrant. Therefore, the project does not create development that will result in a significant need to expand or construct new water facilities/supplies, wastewater treatment or storm water drainage facilities. No impact assessed. 25 Rev. 11/17/08 GPA 06-047 LCPA 06-02/ ZC 06-03/ CT 06-13/ SUP 06-08/ CDP 06-19/HDP 07-03 Tabata 10 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? a) Potentially Significant Unless Mitigation Incorporated. Due to project impacts to Eucalyptus woodland found on site, if construction were to occur during bird breeding season, impacts to nesting sites for birds protected by the Migratory Bird Treaty Act could be significant. A mitigation measure which requires an inspection by a biologist prior to grading for nest sites, and a buffer if nest sites are found will reduce this impact to less than significant. The site does have the potential to contain subsurface cultural resources. A mitigation program which involves review of the grading plans, attendance of a paleontologist monitor at grading meetings and during the grading operation with the authority to direct grading operations to salvage resources, and curation of the resources will mitigate the impacts to a less than significant level.. b) Less Than Significant Impact. The San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local General Plan Land Use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality control, air quality standards, habitat conservation, congestion management standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result in a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional circulation. As described above, the project would contribute to a cumulatively considerable potential net increase in emissions throughout the air basin. However, the air quality would be essentially the same whether or not the development is implemented. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The CMA had determined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The project is consistent 26 Rev. 11/17/08 GPA 06-047 LCPA 06-02/ ZC 06-03/ CT 06-13/ SUP 06-08/ CDP 06-19/HDP 07-03 Tabata 10 with the City's growth projections, and therefore, the cumulative impacts from the project to the regional circulation system are less than significant. With regard to any other potential impacts associated with the project, City standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. c) Less than Significant Impact. Based upon the fact that future development of the site will comply with all City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. However, the project site is located in an area where human beings are exposed to significant levels of noise generated by traffic on the surrounding streets. As discussed above, any potential impacts from noise can be mitigated to a level less than significant. Those mitigation measures will be incorporated as conditions of project approval. Development of the site and structures will be required to comply with all applicable Federal, State, Regional and City regulations, which will ensure that development of the site will not result in adverse impacts on human beings, either directly or indirectly. XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Rev. 11/17/08 GPA 06-04/ LCPA 06-021ZC 06-03/ CT 06-13/ SUP 06-08/ CDP 06-19/HDP 07-03 Tabata 10 EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 2. Carlsbad General Plan, City of Carlsbad Planning Department, dated March 1994. 3. City of Carlsbad Municipal Code, Title 21 Zoning, City of Carlsbad Planning Department, as updated. 4. Habitat Management Plan for Natural Communities in the City of Carlsbad, City of Carlsbad Planning Department, final approval dated November 2004. 5. Historic Resource Inventory. City of Carlsbad, April 16, 1991. 6. Airport Land Use Compatibility Plan for McClellan Palomar Airport. Carlsbad. California. San Diego County Regional Airport Authority, as amended October 4, 2004. 7. Zone 24 Local Facility Management Plan Amendment and Finance Plan. Hofman Planning Associates, July 1993. 8. City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. Catastrophic Dam Failure Inundation. Tsunami and Seiche Hazard Zone Maps. November 1992 9. Flood Insurance Rate Map. Map No. 06073C0768 F. June 19, 1997. 10. Phase 1 ESA Report. 2311 Camino Hills Drive. Carlsbad. California. Vinje & Middleton Engineering, Inc., April 27, 2006. 11. Phase II Baseline Environmental Site Assessment. Tabata Farms. 2311 Camino Hills Drive. Carlsbad. California. 92008, Vinje & Middleton Engineering, Inc., November 6, 2006. 12. Preliminary Geotechnical Investigation. Proposed 26-lot subdivision. Camino Hills Drive. Carlsbad. California. Vinje & Middleton Engineering, Inc., June 23, 2006. 13. Results of an Archeological Survey for the Tabata Development Project (APNs 212-050-32 & 33). Brian F. Smith and Associates, April 20, 2006. 14. Acoustical Site Assessment. Tabata TPM Residential Development - Carlsbad. CA. Investigative Science and Engineering, Inc., July 26, 2007 (Revised). 15. Storm Water Management Plan. Tabata 10 Acre 26 lot Subdivision. Pasco Engineering, April 30, 2008 (Revised). 16. Hydrology Study. Tabata 10 Acre 26 lot Subdivision. Pasco Engineering, May 13, 2008 (Revised). 17. Habitat Mapping Report. Tabata 10 Project. Dossey & Associates, October 1, 2007. 28 Rev. 12/13/07 , , M GPA 06-04/ LCPA 06-02/ ZC 06-03/ CT 06-13/ SUP 06-08/ CDP 06-19/HDP 07-03 TabatalO LIST OF MITIGATING MEASURES (IF APPLICABLE") 1. If construction must be conducted during the breeding season of birds listed by the MBTA, February 15 through August 30, a qualified biologist shall conduct a focused survey for bird nests not more than 72 hours prior to commencement of vegetation clearing activities. If active nests are found, the City's construction contractor shall cease construction within an appropriate buffer zone of 500 feet around the nest site, as determined by the project biologist. A temporary habitat fence shall be installed at the 500 foot buffer around the nest site and no encroachment shall be allowed until juveniles have fledged and the nesting cycle is complete, as verified by the biologist. Crews will be briefed with the requirements, consequences and enforcement of the MBTA prior to construction activities. 2. Paleontological mitigation measures shall be implemented as follows: a. Prior to issuance of a grading permit the project developer shall retain a qualified paleontologist to carry out the mitigation program outlined here. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology that is familiar with paleontological procedures and techniques.) b. A qualified paleontologist shall be present at a pre-construction meeting to consult with the grading and excavation contractors. c. A paleontological monitor shall be onsite at all times during mass grading and excavation activities, including utility trenching, etc. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) d. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary to set up a screen-washing operation on the site. e. Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned, repaired, sorted, and cataloged. f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum. Donation of the fossils shall be accompanied by financial support for initial specimen storage. g. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. 3. Prior to issuance of a building permit, the developer shall submit a supplemental interior acoustical analysis from the acoustical consultant stating that the architectural plans have been designed in compliance with the recommendations stated in the acoustical report. 29 Rev. 12/13/07 . in OPA 06-04/ LCPA 06-02/ 2C 0<5-03/ CT OS-IS/SUP 06-08/ CDP 06-WIDP 07-03 Tabaia 34 APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATCNG MEASURES AND CONCUR WJTH THE ADDITION OF THESE MEASIJRRS TO THR PUCUT-CT. Dnic Signature 30 Rev. 12/13/07 Page 1 of 3 PROJECT NAME: Tabata 10 FILE NUMBERS: GPA 06-04/ LCPA 06-02/ ZC 06-03/ CT 06-13/ SUP 06-08/ CDP 06-19/HDP 07-03 APPROVAL DATE: The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Prior to removal or damage of any active nests or any tree pruning or removal operations during the prime nesting season, that being from March 15 to May 30, a certified biologist shall survey the trees to determine if there are any active nests within 500 feet of the area of tree removal or pruning. If any active nests are located within 500 feet, no tree pruning or removal operations can occur until the nests are vacated or until the end of the prime breeding season, whichever occurs later. In addition, prior to any tree removal or pruning operations proposed outside of the prime nesting season but within the period of January 15 to August 31, a confirmation is required from a certified biologist that no disturbance to active nests or nesting activities would occur. Documentation from the certified biologist consistent with these requirements shall be submitted to the Planning Director for review and approval. A note to this effect shall be placed on the construction or grading plans. Planning and Public Works Depts. Paleontological mitigation measures shall be implemented as follows: a. Prior to issuance of a grading permit the project developer shall retain a qualified paleontologist to carry out the mitigation program outlined here. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology that is familiar with paleontological procedures and techniques.) Planning and Public Works Depts. No Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Page 2 of 3 Mitigation Measure b. A qualified paleontologist shall be present at a pre-construction meeting to consult with the grading and excavation contractors. c. A paleontological monitor shall be onsite at all times during mass grading and excavation activities, including utility trenching, etc. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) d. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary to set up a screen-washing operation on the site. e. Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned, repaired, sorted, and cataloged. Monitoring Type « Monitoring Department Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Page 3 of 3 Mitigation Measure f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum. Donation of the fossils shall be accompanied by financial support for initial specimen storage. A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. Prior to issuance of a building permit, the developer shall submit a supplemental interior acoustical analysis from the acoustical consultant stating that the architectural plans have been designed in compliance with the recommendations stated in the acoustical report. Monitoring Type Prior to Building Permit Monitoring Department Planning and Building Depts. Shown on Plans No Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. PLANNING COMMISSION RESOLUTION NO. 66021 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF AN AMENDMENT TO THE LAND USE AND OPEN SPACE AND CONSERVATION ELEMENTS OF THE 4 GENERAL PLAN TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM RESIDENTIAL LOW-MEDIUM (RLM, 0-4 DU/AC) AND OPEN SPACE (OS) TO 6 RESIDENTIAL LOW-MEDIUM (RLM, 0-4 DU/AC) ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST 7 END OF CAMINO HILLS DRIVE ALONG THE WEST SIDE OF EL CAMINO REAL IN LOCAL FACILITIES 8 MANAGEMENT ZONE 24. o CASE NAME: TAB ATA 10 CASE NO: GPA 06-04 10 WHEREAS, the Tabata Family, "Developer/Owner," has filed a verified 11 application with the City of Carlsbad regarding property described as 13 Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the City of Carlsbad, County of San Diego, State of California Rec. 14 March 21, 1974 in the Office of the County Recorder of said San Diego County 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a General Plan 18 Amendment as shown on Exhibit "GPA 06-04" dated July 15, 2009, attached hereto and on file 19 in the Carlsbad Planning Department, TABATA 10 - GPA 06-04, as provided in Government 20 Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on the 15th day of July, 2009, hold a 22 duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 2" relating to the General Plan Amendment. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 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 2 RECOMMENDS APPROVAL of TABATA 10 - GPA 06-04., based on the following findings: 3 Findings:4 The Planning Commission finds that the project is in conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated July 15,2009 including, but not limited to the following: that the proposed change in General Plan Land Use designation from Open Space (OS) to Residential Low-Medium (RLM) 7 for a portion of APN 212-050-33 is desirable as the OS designation on this parcel was a result of a mapping error. Replacing it with an RLM designation is consistent ° with the goals, objectives and policies of the General Plan, and will match the RLM designations on adjacent properties. 10 Conditions: 11 1. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and LCPA 06-02 and ZC 06-03 12 and is subject to all conditions contained in Planning Commission Resolutions No. i, 6601, 6603 and 6604 for those other approvals incorporated herein by reference. 14 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 15 Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to 16 wit: 17 AYES: Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux, 18 Nygaard, and Chairperson Montgomery 19 NOES: 20 ABSENT: 21 ABSTAIN: 22" 23 24 MARTELL B. MONTGOMERY, CjMrperson 25 CARLSBAD PLANNING COMMISSION 26 ATTEST: 27 28 DON NEU Planning Director PC RESO NO. 6602 -2- GPA 06-04 Tabata 10 7/15/09 EXISTING PROPOSED Related Case File No(s): LCPA 06-02/ ZC 06-031 CT 06-13/ SUP 06-08/ CDP 06-19/ HDP 07-03 General Plan Map Designation Changes Property A. B. C. D. E. F. G. 212-050-33 From: RLM/OS To: RLM PLANNING COMMISSION RESOLUTION NO. 6603 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO CHANGE THE LCP 4 ZONING DESIGNATION FROM LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-l) ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST END OF 6 CAMINO HILLS DRIVE ALONG THE WEST SIDE OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT 7 ZONE 24. CASE NAME: TAB ATA 10 8 CASE NO: LCPA 06-02 9 WHEREAS, California State law requires that the Local Coastal Program, 10 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 11 WHEREAS, the Tabata Family, "Developer/Owner," has filed a verified 13 application for an amendment to the Local Coastal Program Zoning designation regarding 14 property described as 15 Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the I,- City of Carlsbad, County of San Diego, State of California Rec. March 21, 1974 in the Office of the County Recorder of said 17 San Diego County 18 ("the Property"); and 19 WHEREAS, said verified application constitutes a request for a Local Coastal 20 Program Amendment as shown on Exhibit "LCPA 06-02" dated July 15, 2009, attached hereto, 21 as provided in Public Resources Code Section 30514 and Section 13551 of California Code of 22 Regulations Title 14, Division 5.5; and 24 WHEREAS, the Planning Commission did on the 15th day of July , 2009, hold a 25 duly noticed public hearing as prescribed by law to consider said request; and 9' f\WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the Local Coastal Program Amendment; and WHEREAS, State Coastal Guidelines requires a six-week public review period 2 for any amendment to the Local Coastal Program. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 - Commission of the City of Carlsbad, as follows: 5 A) That the foregoing recitations are true and correct. 7 B) At the end of the State-mandated six-week review period, starting on June 12, 2009 and ending on July 24, 2009, staff shall present to the City Council a summary of the comments received. 9 C) That based on the evidence presented at the public hearing, the Commission 10 RECOMMENDS APPROVAL of TABATA 10 - LCPA 06-02 based on the following findings, and subject to the following conditions: 11 Findings: I -, 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies 14 of the Mello II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed change in the LCP Zoning designation from 15 Limited Control (L-C) to One-Family Residential (R-l) is consistent with and implements the existing and proposed RLM General Plan Land Use designation on the property. 17 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal 1 g Program is required to bring the property's LCP Zoning designation into consistency with the City of Carlsbad Zoning designation and General Plan land use designation. 19 3. The Planning Commission has reviewed each of the exactions imposed on the Developer 20 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 22 Conditions; 23 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 25 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 26 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 27 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Local Coastal Program Amendment. PC RESO NO. 6603 -2- ^ Staff is authorized and directed to make, or require the Developer to make, all corrections 2 and modifications to the Local Coastal Program Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. 3 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4 , 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 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. 10 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 13 or indirectly, from (a) City's approval and issuance of this Local Coastal Program Amendment, (b) City's approval or issuance of any permit or action, whether 14 discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 17 approval is not validated. 18 6. This approval is granted subject to the approval of Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and GPA 06-04 and ZC 06-04 and is subject to all conditions contained in Planning Commission Resolutions No. 6601, 6602 2Q and 6604 for those other approvals incorporated herein by reference. 21 22 23 24 25 26 27 28 PC RESO NO. 6603 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on July 15,2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery 'B. MONTGOMERY, CARLSBAD PLANNING COM? ATTEST: >erson ION DON NEU Planning Director PC RESO NO. 6603 -4- LCPA 06-02 Tabata 10 7/15/09 EXISTING PROPOSED Related Case File No(s): GPA 06-04/ ZC 06-03/ CT 06-13/ SUP 06-08/ CDP 06-19/ HDP 07-03 LCPA Zoning Designation Changes Property A. B. C. D. E. F G. 212-050-33 212-050-32 From: L-C L-C To: R-1 R-1 PLANNING COMMISSION RESOLUTION NO. 6604 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF A ZONE CHANGE FROM LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-l) ON 4 PROPERTY GENERALLY LOCATED AT THE NORTHEAST END OF CAMINO HILLS DRIVE ALONG THE WEST SIDE OF EL CAMINO REAL IN LOCAL FACILITIES 6 MANAGEMENT ZONE 24. CASE NAME: TAB ATA 10 7 CASE NO: ZC 06-03 8 WHEREAS, the Tabata Family, "Developer/Owner," has filed a verified 9 application with the City of Carlsbad regarding property described as 10 Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the 11 City of Carlsbad, County of San Diego, State of California Rec. March 21, 1974 in the Office of the County Recorder of said San Diego County 13 ("the Property"); and 14 WHEREAS, said application constitutes a request for a Zone Change as shown on 16 Exhibit "ZC 06-03" dated July 15, 2009, attached hereto and on file in the Planning 17 Department, TABATA 10 - ZC 06-03, as provided by Chapter 21.52 of the Carlsbad Municipal 18 Code; and 19 WHEREAS, the proposed Zone Change - ZC 06-03 is set forth and attached in 20 the draft City Council Ordinance, Exhibit "X" dated, July 15, 2009, and attached hereto as 21 TABATA 10 - ZC 06-03; and 22 WHEREAS, the Planning Commission did on 15th day of July, 2009, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 WHEREAS, at said public hearing, upon hearing and considering all testimony ^" and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the Zone Change. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 RECOMMENDS APPROVAL of TABATA 10 - ZC 06-03 based on the following findings and subject to the following conditions: 4 <- Findings: 5 1. That the proposed Zone Change from L-C to R-l is consistent with the goals and policies of the various elements of the General Plan, in that the proposed R-l zone implements 7 the existing and proposed RLM General Plan designation and is compatible with the surrounding properties that are zoned R-l and RMHP.8 o 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 10 Element, in that the proposed R-l zone implements the existing and proposed RLM General Plan designation. 11 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 13 residential use allowed by the proposed zone change is compatible with the adjacent properties that are similarly zoned R-l and RMHP and developed with single- 14 family residences and single-family mobile home uses. ^ 4. The Planning Commission has reviewed each of the exactions imposed on the Developer , fi contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 17 degree of the exaction is in rough proportionality to the impact caused by the project. 18 Conditions; 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 2Q implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 21 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 22 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 24 or a successor in interest by the City's approval of this Zone Change. 25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Zone Change documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall 27 occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. 28 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. PC RESO NO. 6604 -2- 4. If any condition for construction of any public improvements or facilities, or the payment 2 of any fees in lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 3 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damageSj demands, claims 7 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 Zone Change, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all 10 liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 12 6. This approval is granted subject to the approval of the Mitigated Negative Declaration 13 and Mitigation Monitoring and Reporting Program and GPA 06-04 and LCPA 06- 02 and is subject to all conditions contained in Planning Commission Resolutions No. 14 6601, 6602 and 6603 for those other approvals incorporated herein by reference. 15 NOTICE 16 Please take NOTICE that approval of your project includes the "imposition" of fees, 17 dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."18 ] 9 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 20 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. 23 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 24 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. 27 28 PC RESO NO. 6604 -3- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, held on July 15, 2008, by the following vote, to wit: 3 AYES: Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery 5 NOES: 6 ABSENT: 7 ABSTAIN:8 9 10 MARTELL B. MONT(J5MERY,jOTirperson CARLSBAD PLANNING COMMISSION 13 ATTEST: 14" 15 16 DONNEU 17 Planning Director 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6604 -4- Exhibit "X" July 15, 2009 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF 3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE FROM 4 LIMITED CONTROL (L-C) TO ONE FAMILY RESIDENTIAL (R-1) ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST 5 END OF CAMINO HILLS DRIVE ALONG THE WEST SIDE OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 6 24. CASE NAME: TABATA 10 7 CASE NO.: ZC 06-03 8 The City Council of the City of Carlsbad, California, does ordain as follows: 9 WHEREAS, the City Council did on the day of , hold a duly 10 noticed public hearing as prescribed by law to consider said request; and 11 WHEREAS, said application constitutes a request for a Zone Change as shown 12 on Exhibit "ZC 06-03 - TABATA 10," dated July 15, 2009, attached hereto and made a part 13 hereof; and 14 WHEREAS at said public hearing, upon hearing and considering all testimony 15 and arguments, if any, of all persons desiring to be heard, said City Council considered all 16 factors relating to the ZC 06-03 - TABATA 10. 17 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 18 follows: 19 SECTION I: That section 21.50.030 of the Carlsbad Municipal Code, being the 20 zoning map, is amended as shown on the map marked "ZC 06-03 - TABATA 10," dated July 21 15, 2009, attached hereto and made a part hereof. 22 SECTION II: That the findings and conditions of the Planning Commission in 23 Planning Commission Resolution No. 6604 shall also constitute the findings and conditions of 24 the City Council. 25 I EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty 76 days after its adoption, but not until Local Coastal Program Amendment LCPA 06-02 is 27 approved by the California Coastal Commission, and the City Clerk shall certify to the adoption 28 -1- Exhibit "X" July 15, 2009 1 of this ordinance and cause it to be published at least once in a publication of general circulation 2 in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this 3 ordinance shall not be effective within the City's Coastal Zone until approved by the California 4 Coastal Commission.) 5 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 6 Council on the day of 2009, and thereafter. 7 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 8 Carlsbad on the day of 2009, by the following vote, to wit: 9 AYES: 10 NOES: 11 ABSENT: 12 ABSTAIN: 13 14 APPROVED AS TO FORM AND LEGALITY 15 16 RONALD R. BALL, City Attorney 17 18 CLAUDE A. LEWIS, Mayor 20 ATTEST: 21 22 LORRAINE M. WOOD, City Clerk 23 (SEAL) 241' 25 26 27 28 -2- ZC 06-03 Tabata 10 7/15/09 EXISTING PROPOSED Related Case File No(s): GPA 06-04/ LCPA 06-02/ CT 06-13/ SUP 06-08/ CDP 06-19/ HDP 07-03 Zoning Designation Changes Property A. B. C. D. E. F. G. 212-050-33 212-050-32 From: L-C L-C To: R-1 R-1 PLANNING COMMISSION RESOLUTION NO. 6605 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 06-13 TO SUBDIVIDE A 10.16 ACRE 3 SITE INTO 26 SINGLE FAMILY LOTS AND ONE OPEN SPACE LOT ON PROPERTY GENERALLY LOCATED AT 4 THE NORTHEAST END OF CAMINO HILLS DRIVE ALONG 5 THE WEST SIDE OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 24. 6 CASE NAME: TAB ATA 10 CASE NO.: CT06-13 7 WHEREAS, the Tabata Family, "Developer/Owner," has filed a verified8 9 application with the City of Carlsbad regarding property described as 10 Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the City of Carlsbad, County of San Diego, State of California Rec. 11 March 21, 1974 in the Office of the County Recorder of said 12 San Diego County 13 ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits "A" - "L" dated July 15, 2009, on file in the Planning Department 16 TABATA 10 - CT 06-19, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and 17 WHEREAS, the Planning Commission did, on the 15th day of July, 2009, hold a18 i Q duly noticed public hearing as prescribed by law to consider said request; and 20 WHEREAS, at said public hearing, upon hearing and considering all testimony 21 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 22 relating to the Tentative Tract Map. 23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 24 Commission of the City of Carlsbad as follows: 2/c A) That the foregoing recitations are true and correct. 27 B) That based on the evidence presented at the public hearing, the Commission APPROVES TABATA 10 - CT 06-13 based on the following findings and 2° subject to the following conditions: Findings: 2 1. That the proposed map and the proposed design and improvement of the subdivision as 3 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 4 Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all regulations governing subdivisions and all minimum requirements of Titles 20 and 21 governing lot sizes and configurations and the £ project has been designed to comply with all other applicable regulations including Title 21 and the Mello II Segment of the Certified Local Coastal Program. 7 2. That the proposed project is compatible with the surrounding future land uses since 8 surrounding properties are designated for Low-Medium Density (RLM) residential development on the General Plan, and that the subject property is designated RLM (0- 4 du/ac) and will be developed at a project density (3.03 du/ac) that is within the 10 density range. 11 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density 12 proposed, in that all required development standards of the R-l zone and Title 21 are complied with without the need for variances from development standards. ,4 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the 15 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 16 with established easements and the project is required to dedicate public road and utility easements associated with the tentative map. ,o 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 19 6. That the design of the subdivision provides, to the extent feasible, for future passive or 20 natural heating or cooling opportunities in the subdivision, in that lots are oriented in an east-west alignment for a southern exposure which will allow for passive heating or cooling opportunities to the extent possible. 22 7. That the Planning Commission has considered, in connection with the housing proposed 23 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 24 resources. 25 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project site is primarily a disturbed former agriculture site and 27 has been designated as a development area by the City of Carlsbad Habitat Management Plan (HMP), and the project will implement the required mitigation 28 measures contained in the Tabata 10 Mitigation Monitoring and Reporting Program to mitigate potential impacts to migratory birds. PC RESO NO. 6605 -2- That the discharge of waste from the subdivision will not result in violation of existing 2 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with Best Management Practices for water quality 3 protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination 4 System (NPDES) Requirements. 10. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated July 15,2009, including, but not limited to the following: a. Land Use - the subject property is designated RLM (0-4 du/acre with a 3.2 du/acre Growth Management Control Point density). The proposed project (26 lots on 8.57 net acres) has a density (3.03 du/acre) that is within the RLM density range 10 b. Housing - The project is consistent with the Housing Element of the General 11 Plan and Inclusionary Housing Ordinance as the developer has been conditioned to purchase 5 credits in a combined inclusionary housing project or provide 5 12 inclusionary units onsite. I -3J c. Open Space and Conservation - The project will conform to all NPDES 1 A requirements. 15 d. Noise - A project specific noise study for the Tentative Map identified that an interior noise assessment to determine proper architectural treatments (i.e., 16 specialized door and window treatments) be required for Lot 1 where the CNEL exceeds 45 dB(A) at the second story. The remainder of the project site, with the 1' construction of the proposed sound berm, currently meets the interior 45 dB(A) CNEL and exterior 60 dB(A) CNEL noise standards. 19 e. Public Safety - The project will install new fire hydrants consistent with Public Safety Requirements. 20 f. Circulation — The project will construct public streets to serve the development 2 1 and the circulation system is designed to provide adequate access to each of the proposed lots and complies with all applicable City design standards. 23 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 24 and all City public facility policies and 24 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. 27 a. The project has been conditioned to provide proof from the Carlsbad Unified 28 School District that the project has satisfied its obligation for school facilities. PC RESO NO. 6605 -3- b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and 2 will be collected prior to issuance of building permit. 3 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. 4 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 7 public facilities and will mitigate any cumulative impacts created by the project. 8 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 24. 14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 11 15. The Planning Commission hereby finds that all development in Carlsbad benefits from 12 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 , 4 continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats- and sensitive species is required by 15 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 16 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 19 16. The Planning Commission has reviewed each of the exactions imposed on the Developer 20 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. 22 ^ , .Conditions; 23 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map 24 recordation or issuance of a grading permit, whichever occurs first. 25 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 26 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 27 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 PC RESO NO. 6605 -4- conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this Tentative Tract Map. 3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them ^ 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. 6 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 7 regulations in effect at the time of building permit issuance. o 4. If any condition for construction of any public improvements or facilities, or the payment 9 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 10 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. 12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 14 and costs, including court costs and attorney's fees mcurred 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 15 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 17 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 j 9 approval is not validated. 20 6. Developer shall implement, or cause the implementation of, the Tabata 10 Project Mitigation Monitoring and Reporting Program. 21 22 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision-making body. 23 8. Developer shall include, as part of the plans submitted for any permit plancheck, a 24 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). Z*~) 25 9. 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 27 obligation to provide school facilities. 98^° 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 24 Local Facilities Management Plan and any amendments made to PC RESO NO. 6605 -5- that Plan prior to the final map recordation or issuance of a grading permit, 2 whichever occurs first. 3 11. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and GPA 06-04, LCPA 06-02, 4 ZC 06-03, SUP 06-08, CDP 06-19 and HDP 07-03 and is subject to all conditions 5 contained in Planning Commission Resolutions No. 6601, 6602, 6603, 6604, 6606, 6607 and 6608 for those other approvals incorporated herein by reference. 6 12. Building permits will not be issued for this project unless the local agency providing 7 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 9 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 10 13. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits 12 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 13 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 14 vegetation and animal species. The Developer is further aware that the City has , r 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 16 General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever 17 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 and all approvals for this project shall become null and void. 19 14. Developer Prior to approval of the final map for any phase of this project, or where a map 20 is not being processed, prior to issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to purchase 5 21 inclusionary housing credits from a combined inclusionary housing project located 22 in the Northwest Quadrant or provide 5 affordable second dwelling units onsite in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad 23 Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request for the final map. The 24 recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 26 15. 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 27 Developer agree within an Affordable Housing Agreement to an alternate schedule for development. 28 y PC RESO NO. 6605 -6- 16. Developer shall submit and obtain Planning Director approval of a Final Landscape and 2 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 3 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The landscape plan shall include trees, ^ shrubs, and/or vines of a size and variety that will provide privacy for the Camino - Hills development occupants adjacent to lots 11, 12, and 13 of the Tabata 10 development. 6 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 7 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. o 9 18. "Prior to removal or damage of any active nests or any tree pruning or removal operations during the prime nesting season, that being from March 15 to May 30, a certified 10 biologist shall survey the trees to determine if there are any active nests within 500 feet of the area of tree removal or pruning. If any active nests are located within 500 feet, no tree 1 * pruning or removal operations can occur until the nests are vacated or until the end of the * ~ prime breeding season, whichever occurs later. 13 In addition, prior to any tree removal or pruning operations proposed outside of the prime nesting season but within the period of January 15 to August 31, a confirmation is 14 required from a certified biologist that no disturbance to active nests or nesting activities would occur. Documentation from the certified biologist consistent with these requirements shall be submitted to the Planning Director for review and approval. A note 16 to this effect shall be placed on the construction or grading plans." 17 19. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved 1 ° by the Planning Director prior to final map approval. Prior to issuance of a building , o 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 20 Planning Director. At a minimum, the CC&Rs shall contain the following provisions: 21 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 23 b. Notice and Amendment. A copy of any proposed amendment shall be provided to 24 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. 26 c. Failure of Association to Maintain Common Area Lots and Easements. In the 27 event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section 28 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 PC RESO NO. 6605 -7- written notice to the Association, with a copy thereof to the Owners in the Project, 2 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 3 (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 r entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 6 d. Special Assessments Levied by the City. In the event the City has performed the 7 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 9 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 10 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 13 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 14 means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing 17 lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in 20 accordance with the procedures set forth in Article of this Declaration. 21 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit L. 23 f Aircraft Noise Disclosure: A disclosure shall be included that this property is subject to overflight, sight and sound of aircraft operating from McClellan- 24 Palomar Airport. oc 20. 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 at a 27 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. 28 PC RESO NO. 6605 -8- 21. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 2 #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 3 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 24, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this r approval will not be consistent with the General Plan and shall become void. 6 22. Developer shall submit a street name list consistent with the City's street name policy subject to the Planning Director's approval prior to final map approval. 7 23. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 9 24. Prior to the issuance of the final map or grading permit, whichever occurs first, 10 Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested ,2 parties and successors in interest that the City of Carlsbad has issued a GPA 06-04, LCPA 06-02, ZC 06-03, CT 06-13, SUP 06-08, CDP 06-19 and HDP 07-03 by 13 Planning Commission Resolutions No. 6602, 6603, 6604, 6605, 6606, 6607 and 6608 on the property. Said Notice of Restriction shall note the property description, location of 14 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. 17 25. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 20 26. Developer shall post a sign in the sales office in a prominent location that discloses which 21 special districts and school district provide service to the project. Said sign shall remain „ posted until ALL of the units are sold. 23 27. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property 24 may be subject to noise impacts from the El Camino Real Transportation Corridor, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #1 on file in the Planning Department). 26 28. Prior to the recordation of the first final tract map or the issuance of building permits, 27 whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). PC RESO NO. 6605 -9- 1 2 29. Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be 3 approved by the Planning Director (see Noise Form #3 on file in the Planning Department. c 30. Prior to the issuance of building permits, an interior noise assessment to determine proper architectural treatments (i.e., specialized door and window treatments) shall 6 be required for all project lots where the CNEL exceeds 60 dBA at the second story (as identified by Investigative Science and Engineering in the acoustical site 7 analysis: Tabata TPM Residential Development - Carlsbad, CA, ISE Report #06- 021, 7/26/07).o 9 31. The future development of CT 06-13 with single-family residential structures shall require the processing of a Scenic Corridor Special Use Permit and compliance with 10 the El Camino Real Corridor Development Standards (including maximum building height) unless each lot is developed individually. 12 13 32. Based on a review of the tentative tract map, for lots where future homes will provide less than ten feet of separation (eave-to-eave), automatic fire sprinklers shall 14 be required and water meter services shall be W3A. A note to this effect shall be added to the final map, and compliance with this requirement shall be demonstrated on any future submittal that requests approval for homes on this tentative tract 16 maP- 17 Engineering; * ° NOTE: Unless specifically stated in the condition, all of the following conditions, upon jo the approval of this proposed subdivision, must be met prior to approval of a Final Map, Building or Grading Permit whichever occurs first. 20 General 21 33. 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 23 for the proposed haul route. 24 34. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of the Site Plan, Conceptual Grading Plan, and Preliminary Utility Plan reflecting the ^ conditions approved by the final decision making body. The reproducible shall be 2£ submitted to the Planning Director, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, improvement 27 plans, grading plans, or final map, whichever occurs first. 28 35. Developer shall submit to the City Engineer an acceptable instrument, via CC&R's and/or other recorded document, addressing the maintenance, repair, and replacement of shared PC RESO NO. 6605 -10- private improvements within this subdivision, including but not limited to street trees, 2 pedestrian walkway, landscaping, and water quality treatment measures, low impact development features, storm drain facilities, etc. located therein and to distribute the costs 3 of such maintenance in an equitable manner among the owners of the properties within this subdivision. 4 t- 36. There shall be one Final Map recorded for this project. 6 37. Developer shall install sight distance corridors at all street intersections in accordance with City Engineering Standards. 7 38. Prior to approval of Improvement Plans, Grading Plans or Final Map, Developer shall submit to the City Engineer written approval from North County Transit District (NCTD) 9 demonstrating mass-transit improvement requirements for this project have been satisfied. 10 Fees/Agreements ,~ 39. 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. 13 40. Developer shall cause property owner to execute and submit to the City Engineer for 14 recordation the City's standard form Drainage Hold Harmless Agreement. 41. Developer shall cause property owner to process, execute and submit an executed copy to 16 the City Engineer for recordation a City standard Permanent Storm water Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 17 treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a Grading Permit or Building Permit, * ° or the recordation of a Final Map, whichever occurs first for this Project. 19 42. Developer shall cause property owner to execute, and submit to the City Engineer for 20 recordation, a City Standard deed restriction on the property which relates to the proposed cross lot drainage as shown on the Tentative Map. The deed restriction document shall: 21 A. Clearly delineate the limits of the drainage course; and B. State that the drainage course is to be maintained in perpetuity by the underlying 23 property owner; and C. State that all future use of the property along the drainage course will not restrict, 24 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 25 nuisance. 26 43. Prior to approval of any grading or building permits for this project, Developer shall 27 cause Owner to give written consent to the City Engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street 28 Lighting and Landscaping District No. 1 and/or to the formation or annexation into an PC RESO NO. 6605 -11- additional Street Lighting and Landscaping District. Said written consent shall be on a 2 form provided by the City Engineer. 3 44. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Street Tree Maintenance Agreement. 4 r Grading 6 45. Based upon a review of the proposed grading and the grading quantities shown on the Tentative Map, a grading permit for this project is required. Developer shall prepare and 7 submit plans and technical studies/reports, for City Engineer review, and shall pay all applicable grading plan review fees per the City's latest fee schedule.8 9 46. Developer shall apply for and obtain a grading permit from the City Engineer. Developer shall pay all applicable grading permit fees per the City's latest fee schedule and shall 10 post security per City Code requirements. 47. This project requires off site grading. No grading for private improvements shall occur j2 outside the project unless Developer obtains, records, and submits a recorded copy, to the City Engineer, a temporary grading, construction or slope easement or agreement from 13 the owners of the affected properties. If Developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case 14 Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the City Engineer 1 g and Planning Director. 17 48. Developer shall comply with the City's Storm water Regulations, latest version, and shall implement best management practices at all times. Best management practices include 1 ° but are not limited to pollution treatment practices or devices, erosion control to prevent •, Q silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or 20 devices to prevent or reduce the discharge of pollutants to storm water, receiving water or storm water conveyance system to the maximum extent practicable. Developer shall 21 notify prospective owners and tenants of the above requirements. 22 49. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer 23 receipt of a Notice of Intention from the State Water Resources Control Board. 24 50. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan 25 (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements 26 and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall 27 address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 28 PC RESO NO. 6605 -12- 51. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 2 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego 3 Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. 4 t- 52. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking 6 the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and 7 evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook (Storm water Management Strategies). LID techniques include, but are not limited to: 9 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 10 Dedications/Improvements 12 53. Developer shall cause Owner to dedicate to the City easements for public street & public utility and storm drain purposes and a 10 feet wide pedestrian access easement for the 13 proposed pedestrian ramp on lot 27 as shown on the Tentative Map. The offer shall be made by a certificate on the Final Map. All land so offered shall be free and clear of all 14 Hens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the City Engineer. 16 54. Developer shall prepare and process public improvement plans and, prior to City 17 Engineer approval of said plans, shall execute a City standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 1° for public improvements as shown on the Tentative Map. Said improvements shall be I o installed to City Standards to the satisfaction of the City Engineer. These improvements include, but are not limited to: 20 a) Street, potable water, sewer, storm drain, and storm water quality treatment 21 devices within Camino Hills drive and proposed public streets serving this project as shown on the Tentative Map. 23 b) Half street improvements to El Camino Real completing this portion of roadway along the frontage of this project. Improvements include but are not 24 limited to: AC Paving, base, sidewalk, curb, gutter, median, landscaping and utilities, sewer, water and storm drain services to serve this project. Additional improvements and offsite transitions may be required to 26 transition to adjacent improvements. 27 Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the 28 subdivision or development improvement agreement or such other time as provided in said agreement. PC RESO NO. 6605 -13- Non-Mapping Notes 2 55. Add the following notes to the Final Map as non-mapping data: 3 A) Developer has executed a City standard Subdivision Improvement Agreement to install and has posted security in accordance with C.M.C. Section 20.16.070 for r public improvements as shown on the Tentative Map. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. These 6 improvements include, but are not limited to: 7 a. Street, potable water, sewer, storm drain, and storm water quality treatment devices within Camino Hills drive and proposed public streets serving this project as shown on the Tentative Map. 9 b. Half street improvements to El Camino Real completing this portion of 10 roadway along the frontage of this project. Improvements include but are not limited to: AC Paving, base, sidewalk, curb, gutter, median, landscaping and utilities, sewer, water and storm drain services to serve this project. , ^ Additional improvements and offsite transitions may be required to transition to adjacent improvements. 13 B) No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted 14 to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. C) 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 17 arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the 1 ° drainage system or other improvements identified in the City approved development i o plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the City approved development plans. 20 D) Building permits will not be issued for development of the subject property unless the 21 appropriate agency determines that sewer and water facilities are available. 22 E) Geotechnical Caution: 23 1) Slopes steeper than two parts horizontal to one part vertical exist within the 24 boundaries of this subdivision. 2) 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, 27 this subdivision due to its construction, operation or maintenance. 28 PC RESO NO. 6605 -14- 1 Utilities 2 56. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire 3 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by ^ public water mains to the satisfaction of the District Engineer. 57. Developer shall design and construct public facilities within public right-of-way or within 6 minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District or City Engineer, wider easements may be required for adequate 7 maintenance, access and/or joint utility purposes. g 58. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 9 for connection to public facilities. 10 59. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning * * Department for processing and approval by the District Engineer. 12 60. Developer shall install potable water and/or recycled water services and meters at 13 locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 14 61. The Developer shall install sewer laterals and clean-outs at locations approved by the City Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 16 62. The Developer shall design and construct public water, sewer, and recycled water 17 facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer and City Engineer. 18 i g 63. The Developer shall provide separate potable water meters for each separately owned unit within this subdivision. 20 Code Reminders: 21 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 23 64. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 24 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map 5 are for planning purposes only. 26 65. This tentative map shall expire three years from the date on which the City Council voted 27 to approve this application. 28 66. 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. PC RESO NO. 6605 -15- 67. Developer shall pay a landscape plan check and inspection fee as required by Section 2 20.08.050 of the Carlsbad Municipal Code. 3 68. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 4 <- 69. 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 6 permit issuance, except as otherwise specifically provided herein. 70. 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. NOTICE10 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 12 "fees/exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for 15 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 16 annul their imposition. 17 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 19 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 20 expired. 21 22 23 24 25 26 27 28 PC RESO NO. 6605 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery MARTELL B. MONTGOMERY, CARLSBAD PLANNING COMMISION ATTEST: DON NEU Planning Director PC RESO NO. 6605 -17- PLANNING COMMISSION RESOLUTION NO. 6606 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SCENIC 3 CORRIDOR SPECIAL USE PERMIT TO SUBDIVIDE A 10.16 ACRE SITE INTO 26 SINGLE FAMILY LOTS AND ONE OPEN 4 SPACE LOT ON PROPERTY GENERALLY LOCATED AT 5 THE NORTHEAST END OF CAMINO HILLS DRIVE ALONG THE WEST SIDE OF EL CAMINO REAL IN LOCAL 6 FACILITIES MANAGEMENT ZONE 24. CASE NAME: TABATA 10 7 CASE NO: SUP 06-08 8 WHEREAS, the Tabata Family, "Developer/Owner," has filed a verified 9 application with the City of Carlsbad regarding property described as 10 Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the City of Carlsbad, County of San Diego, State of California Rec. j2 March 21, 1974 in the Office of the County Recorder of said San Diego County 13 ('the Property"); and 14 WHEREAS, said verified application constitutes a request for a Scenic Corridor 16 Special Use Permit as shown on Exhibits "A" - "L" dated July 15, 2009, on file in the Planning 17 Department, TABATA 10. - SUP 06-08, as provided by Chapter 21.40 of the Carlsbad 1 O Municipal Code; and 19 WHEREAS, the Planning Commission did on the 15th day of July, 2009 hold a 20 duly noticed public hearing as prescribed by law to consider said request; and 21 ~~ WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 24 relating to the Scenic Corridor Special Use Permit. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 26 Commission of the City of Carlsbad as follows: 27 A) That the foregoing recitations are true and correct. 28 B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES TABATA 10 - SUP 06-08, based on the following findings and subject to the following conditions: 3 Findings:4 r 1. The proposed project conforms to the intent of the Scenic Preservation Overlay in that as discussed in Section H of the staff report the project complies with the provisions of 6 the El Camino Real Corridor Development Standards. Specifically, the proposed single family residential project supports the rural residential design theme of Area 7 3 along the scenic corridor, the lots and the future dwelling units are adequately setback from El Camino Real, and the proposed landscaped and contoured berm will visually buffer future homes on the proposed lots as viewed from El Camino 9 Real. The project does not obscure scenic views or impair traffic safety along El Camino Real. 10 2. The proposed project implements the goals and objectives of the General Plan in that the property is proposed to be developed with 26 single-family lots (3.03 du/ac) which is i2 consistent with the Residential Low-Medium Density (RLM) land use designation (0-4 du/ac). 13 3. Compliance with the grading standard which requires less than 10 feet of fill from 14 original grade is infeasible for the Tabata 10 project, in that (a) the project requires ., sound attenuation from El Camino Real, and (b) a sound wall instead of the proposed landscaped and contoured berm would be less attractive and inconsistent 16 with the aesthetic objectives of the El Camino Real Scenic Corridor Standards. 17 4. That the scenic qualities of the corridor will continue to be maintained if the grading standard is not fulfilled, in that the proposed landscaped and contoured berm along El Camino Real is designed to blend the project with the slopes on neighboring 19 properties to the north and south of the project site and will be a much improved appearance compared to a sound wall. 20 5. That the project will not have an adverse impact on traffic safety, in that the project grading will not cause a sight distance problem along El Camino Real; the project 22 has adequate road access; and the surrounding roads that will service the development, including El Camino Real, have adequate capacity for the future trips 23 generated by the project. 24 6. That the project is designed so as to meet the intent of the scenic preservation overlay zone, in that in that the proposed landscaped and contoured berm will blend with neighboring properties and reduce the visual impact of future homes on this 26 property as viewed from El Camino Real. 27 7. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 6606 -2- Conditions: 2 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 3 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 4 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 6 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 7 or a successor in interest by the City's approval of this Special Use Permit. 0 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 9 and modifications to the Special Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 10 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 12 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 13 4. If any condition for construction of any public improvements or facilities, or the payment 14 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 16 unless the City Council determines that the project without the condition complies with all requirements of law. 17 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and i o 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 20 or indirectly, from (a) City's approval and issuance of this Special Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 21 connection with the use contemplated herein, and (c) Developer/Operator's installation 7_ 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 23 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. 24 6. This approval is granted subject to the approval of Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and GPA 06-04, LCPA 06-02, ZC 06- 26 03, CT 06-13, CDP 06-19 and HDP 07-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6601, 6602, 6603, 6604, 6605, 6607 and 6608 27 for those other approvals incorporated herein by reference. 28 PCRESON0.6606 -3- 1 NOTICE 2 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 A "fees/exactions." 5 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. 9 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 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning 14 Commission of the City of Carlsbad, California, held on July 15, 2009 by the following vote, to 15 wit: 16 AYES: Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery 18 NOES: 19 ABSENT: 20 21 ABSTAIN: 22 23 MARTELL B. MONTGOMERY*Chairperson 24 CARLSBAD PLANNING COMMISSION 25 26 27 28 DON NEU Planning Director PC RESO NO. 6606 -4- 1 PLANNING COMMISSION RESOLUTION NO. 6607 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE A 10.16 4 ACRE SITE INTO 26 SINGLE FAMILY LOTS AND ONE , OPEN SPACE LOT ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST END OF CAMINO HILLS DRIVE 6 ALONG THE WEST SIDE OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 24. 7 CASE NAME: TAB ATA 10 CASE NO: HDP 07-03 o 9 WHEREAS, the Tabata Family, "Developer/Owner," has filed a verified 10 application with the City of Carlsbad regarding property described as 11 Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the City of Carlsbad, County of San Diego, State of California Rec. March 21, 1974 in the Office of the County Recorder of said 13 San Diego County 14 ("the Property"); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits "A" - "L" dated July 15, 2009, on file in the 17 ! Carlsbad Planning Department, TABATA 10 - HDP 07-03, as provided by Chapter 21.95 of the 18 Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did on July 15, 2009, consider said 21 request; and 22 WHEREAS, at said hearing, upon hearing and considering all testimony and 23 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 24 relating to the Hillside Development Permit; and 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning26 27 Commission as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES TABATA 10 - HDP 07-03 based on the following findings and subject to the following conditions: 3 Findings: 4 1. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 6 2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly 7 identified on the constraints map. 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the proposed pad grades are terraced and follow the natural slope of the property; no natural slopes exceeding 40% 10 gradient exist on the property; manufactured slope heights are consistent with the standards for maximum height for manufactured slopes; the project proposes contour grading for the manufactured slope along El Camino Real consistent with Sec. 21.95.120.F; pursuant to the geotechnical report, remedial grading is necessary to remove and recompact the existing fill and alluvium soils to prepare the site for 13 future development, and excluding remedial grading, the project grading volume (5,657 cubic yards/acre) is within the "acceptable" range, and; the project proposes 14 only minimal encroachment (6 vertical feet) into the 40% gradient manufactured slope on the south perimeter of the property. . , 4. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, 17 in that the project contains no undevelopable areas as identified by Section 21.53.230 of the Carlsbad Municipal Code. 18 . That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the grading design minimizes the 2Q amount of grading, and respects the natural terrain; and the pad grades for the proposed subdivision have been designed to step and follow the dominant slope of 21 the land. 22 6. 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 24 degree of the exaction is in rough proportionality to the impact caused by the project. 25 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a final map or issuance of a grading permit, whichever occurs first. 28 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 PC RESO NO. 6607 -2- revoke or modify all approvals herein granted; deny or further condition issuance of all 2 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 3 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 Hillside Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. 7 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval.8 o 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 10 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be 13 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 14 5. Developer/Operator shall and does hereby agree to-indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and , s 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 17 or indirectly, from (a) City's approval and issuance of this Hillside Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 18 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the 2Q 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 21 approval is not validated. 22 6. This approval is granted subject to the approval of Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and GPA 06-04, LCPA 06-02, ZC 06-03, CT 06-13, SUP 06-08 and CDP 06-19 and is subject to all conditions contained 24 in Planning Commission Resolutions No. 6601, 6602, 6603, 6604, 6605, 6606 and 6608 for those other approvals incorporated herein by reference. 25 26 27 28 PC RESO NO. 6607 -3- 1 NOTICE 2 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 A "fees/exactions." 5 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 6 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 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to 15 wit: 16 AYES: Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery 18 NOES: 19 ABSENT: 20 ABSTAIN:21 22 23 24 MARTELL B. MONT€rOMERYf0nairperson CARLSBAD PLANNING COMMISSION25 26 ATTEST: 2?" 28 n DON NEU Planning Director PC RESO NO. 6607 -4- 1 PLANNING COMMISSION RESOLUTION NO. 6608 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT CDP 06-19 TO 4 SUBDIVIDE A 10.16 ACRE SITE INTO 26 SINGLE FAMILY 5 LOTS AND ONE OPEN SPACE LOT ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST END OF 6 CAMINO HILLS DRIVE ALONG THE WEST SIDE OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT 7 ZONE 24. CASE NAME: TAB ATA 10 8 CASE NO.: CDP 06-19 9 WHEREAS, the Tabata Family, "Developer/Owner," has filed a verified 10 application with the City of Carlsbad regarding property described as 12 Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the City of Carlsbad, County of San Diego, State of California Rec. 13 March 21, 1974 in the Office of the County Recorder of said San Diego County 14 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Coastal 17 Development Permit as shown on Exhibits "A" - "L" dated July 15, 2009, on file in the 18 Planning Department, TABATA 10 - CDP 06-19, as provided by Chapter 21.201.040 of the 19 Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 15th day of July, 2009, hold a 22 duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the CDP. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows:28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES TABATA 10 - CDP 06-19 based on the following findings and subject to the following conditions: 3 Findings:4 1. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the project's 5 proposed density (3.03 du/ac) and single-family residential use is consistent with the property's Mello II LCP Land Use Designation of Residential-Low Medium RLM 7 (0-4 du/ac); no agricultural resources, sensitive resources, geological instability, flood hazard, or coastal access opportunities exist onsite; and the development does not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty of the coastal zone. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project site is not located adjacent to the shore, 11 therefore, the project will not interfere with the public's right to physical access to the sea and the site is not suited for water-oriented recreational activities.12 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the 14 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban 15 Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. While the project is proposing development into 25% and greater gradient natural slopes for the grading of a knoll, the slopes do not contain sensitive habitat, and all of the findings can be made to permit development of such coastal slopes as discussed in the staff report. Furthermore, no evidence of 18 landslide or slope instability is identified on the site, nor is it located in an area susceptible to accelerated erosion, floods, or liquefaction. 19 4. The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Protection Zone (Chapter 21.204 of the Zoning Ordinance). 22 5. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and, therefore, is not subject to the 23 Coastal Agricultural Overlay Zone (Chapter 21.201 of the Zoning Ordinance. 24 6. 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 26 degree of the exaction is in rough proportionality to the impact caused by the project. 27 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to a final map or issuance of a grading permit, whichever occurs first. PC RESO NO. 6608 -2- 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 2 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 3 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 4 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 6 or a successor in interest by the City's approval of this Coastal Development Permit. 7 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. 9 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 10 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 12 4. If any condition for construction of any public improvements or facilities, or the payment 13 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 14 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. 16 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 17 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 10 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 20 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 21 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 23 approval is not validated. 24 6. This approval is granted subject to the approval of Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and GPA 06-04, LCPA 06-02, ZC 06- 03, CT 06-13, SUP 06-08 and HDP 07-03 and is subject to all conditions contained in 26 Planning Commission Resolutions No. 6601, 6602, 6603, 6604, 6605, 6606 and 6607 for those other approvals incorporated herein by reference. 27 28 PC RESO NO. 6608 -3- PA 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 fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery : i '"..'''. MARTELL B. CARLSBAD PLANNING COM! ATTEST: lairperson ISSION DON NEU Planning Director PC RESO NO. 6608 -4- The City of Carlsbad Planning Department EXHIBIT 5 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: July 15, 2009 Application complete date: July 17, 2008 Project Planner: Corey Funk Project Engineer: Tecla Levy SUBJECT: GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/ HDP 07-03/CDP 06- 19 - TAB AT A 10 - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Local Coastal Program Amendment and Zone Change; and a request for approval of a Tentative Tract Map, Special Use Permit, Hillside Development Permit and Coastal Development Permit for the subdivision, grading and utility development of a 10.16-acre site into twenty six (26) single-family residential lots and one (1) open space lot, on property generally located at the north-east end of Camino Hills Drive along the west side of El Camino Real within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 24. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6601 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6602, 6603, and 6604 RECOMMENDING APPROVAL of General Plan Amendment GPA 06-04, Local Coastal Program Amendment LCPA 06-02, and Zone Change ZC 06-03, and ADOPT Planning Commission Resolutions No. 6605, 6606, 6607, and 6608 APPROVING Tentative Tract Map CT 06-13, Special Use Permit SUP 06-08, Hillside Development Permit HDP 07-03 and Coastal Development Permit CDP 06-19, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project includes a General Plan Amendment (GPA), Local Coastal Program Amendment (LCPA), Zone Change (ZC), Tentative Tract Map (CT), Special Use Permit (SUP), Coastal Development Permit (CDP) and Hillside Development Permit (HDP) to allow for the subdivision, grading and construction of utilities for a vacant 10.16-acre project site (APNs 212- 050-32 and -33) located at the north-east end of Camino Hills Drive along the west side of El Camino Real within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 24. The subdivision of land will result in 26 single-family residential lots for the future development of single-family homes and one open space lot for purposes of providing a sound berm, aesthetic/physical buffering from El Camino Real and a landscaped amenity area. Associated street and utility improvements are also proposed; however, no homes are proposed at this time. Future construction of single family homes on the proposed lots as a single project will require 0 GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 - TAB ATA 10 July 15, 2009 Page 2 applications for a Coastal Development Permit and a Special Use Permit due to the open space lot fronting on El Camino Real. The GPA and ZC are legislative actions that require a recommendation of the Planning Commission to the City Council for approval. The LCPA is also a legislative action that requires a recommendation of the Planning Commission to the City Council for approval; however, is not effective until it is certified by the California Coastal Commission (CCC). The CT, SUP, HDP and CDP are within the purview of the Planning Commission. The project has been reviewed for environmental impacts and no immitigable significant impacts were found. As designed and conditioned, the project is consistent with all applicable standards and policies, and the necessary findings to approve the project can be made. III. PROJECT DESCRIPTION AND BACKGROUND The Tabata 10 project is located on a 10.16-acre site at the north-east end of Camino Hills Drive along the west side of El Camino Real within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 24. The site slopes downward from south-west to north- east toward El Camino Real with approximately 76 feet of elevation change. The highest point of the site is located at the top of an on-site manufactured slope created by the development of the Camino Hills mobile home neighborhood, and the lowest point of the site is adjacent to El Camino Real. On-site slopes range from mild (5%) to steep (in excess of 40%) with the steepest portions of the site on the manufactured slope adjacent to the Camino Hills mobile home neighborhood and the manufactured slopes along the bottom of a knoll located along Camino Hills Drive at the north end of the project site. The site is previously disturbed through agricultural operations and contains 7.7 acres of disturbed habitat, 0.9 acres of Non-native Grassland (NNG), 0.3 acres of Eucalyptus Woodland, 1.2 acres of developed area and less than 0.04 acres of landscaped area. No sensitive plant species were found on the property. Surrounding land uses include a golf course and single family homes to the north, the Camino Hills mobile home neighborhood to the south, a vacant commercially designated property to the east, and open space and single family homes to the west. The project site has an existing General Plan Land Use Designation of Residential Low-Medium Density (RLM), which allows low to medium density residential development (0 to 4 du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac, and Open Space (OS). The site is zoned Limited Control (L-C), which precludes most development until planning for future land uses has been formalized. The proposed project includes a General Plan Amendment, Local Coastal Program Amendment, Zone Change, Tentative Tract Map, Special Use Permit, Hillside Development Permit and Coastal Development Permit to allow for the subdivision of the property into 26 minimum 7,500 square feet single-family residential lots and 1 (1.7 acre) common open space lot, project grading and utility construction. The GPA is proposed to rectify a previous General Plan mapping error (see Analysis section A. "General Plan" on page 3 of this report) by re-designating the southwest one-third of the project site from OS to RLM, and will amend the Land Use Element and Open Space & Conservation Element of the General Plan by removing the OS designation from the Land Use Map and Open Space & Conservation Map. The ZC will change the zoning for the GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 - TAB ATA 10 July 15, 2009 Page 3 entire project site from L-C to R-l. The LCPA is required to reflect the new R-l designation on the Local Coastal Program Zoning Map. The project site will be subdivided into 27 separate lots. Lots 1 - 26 are single-family residential lots ranging in size from 7,500 square feet to 20,299 square feet. Parcel 27 is a 1.7 acre open space lot which separates the residential lots from El Camino Real. Parcel 27 will be fully landscaped, contains a contoured berm to provide sound attenuation for the lots, will provide a physical buffer for the residential lots from El Camino Real, and will provide visual relief for the El Camino Real scenic corridor from the development. Parcel 27 will also provide a grassy amenity area for the project and contains a pedestrian access trail from Camino Hills Drive to El Camino Real. Street access will be provided in a new rectangular-shaped looping street that connects to the existing Camino Hills Drive, and all of the proposed lots will take access from this new public street. Except for the berm, the project grading is proposed to terrace down toward El Camino Real in order to preserve the topographic integrity of the existing hillside property. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. Carlsbad General Plan Residential Low-Medium Density (RLM) and Open Space (OS) Land Use designation regulations; B. One Family Residential (R-l) Zone (Chapter 21.10 of the Carlsbad Municipal Code); C. Subdivision Map Act and City of Carlsbad Subdivision Regulations (Title 20 of the Carlsbad Municipal Code); D. Inclusionary Housing (Chapter 21.85 of the Carlsbad Municipal Code); E. Mello II Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203); F. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code); G. City Council Policy No. 66 (Principles for the Development of Livable Neighborhoods; H. S-P (Scenic Preservation) Overlay Zone and El Camino Real Corridor Development Standards; I. Habitat Management Plan (HMP); and J. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Zone 24 Local Facilities Management Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in the sections below. A. General Plan The General Plan Land Use designation for the project site is Residential Low-Medium Density (RLM) and Open Space (OS). The RLM designation allows low to medium density residential development (0 to 4 du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac. According to the constraints analysis used for density calculations, 27.42 dwelling units could be GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 - TAB ATA 10 July 15,2009 Page 4 located on the site based on 8.57 net developable acres. A total of 26 dwelling units at a density of 3.03 du/ac is proposed. The project is consistent with the City's General Plan since the proposed density of 3.03 du/ac is within the RLM density range of 0-4 du/ac as specified for the site. The project's proposed density of 3.03 du/ac is below the Growth Management Control Point density (3.2 du/ac) used for the purposes of calculating the City's compliance with 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. Accordingly, 1.42 dwelling units will be deposited in the excess dwelling unit bank. To develop the property, a General Plan amendment is necessary to remove the Open Space land use designation. The OS land use designation on the Tabata property (APN 212-050-33) resulted from a mapping error that occurred during the mapping process for the Open Space & Conservation Resource Management Plan. The OS designation on APN 212-050-33 instead belongs on an area of land dedicated to the City as open space by the Camino Hills mobile home neighborhood when it was developed. Through the Carlsbad Habitat Management Plan mapping process (GPA 05-12/LCPA 05-08/ZC05-11 - HMP Hardline GPA), this OS designation was correctly applied to the open space land originally dedicated to the City by the Camino Hills mobile home neighborhood development, but was not removed from the Tabata property. Furthermore, the OS area on the Tabata property consists of disturbed former agricultural land and manufactured slopes and does not provide any habitat resource or other open space value. This action (GPA 06-04) will resolve this mapping error by removing the OS designation from the Tabata property and replacing it with an RLM designation which will match the RLM designation on the remainder of the Tabata property and the adjacent properties. The proposed R-l Zoning designation is consistent with and implements the RLM General Plan land use designation in that the RLM designation allows one-family dwellings at a density range of 0-4 du/ac, and the R-l Zone allows one-family dwellings with lot sizes that result in a project density that falls within the RLM range. The project complies with Elements of the General Plan as outlined in Table 1 below. GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 - TAB ATA 10 July 15, 2009 Page5 TABLE 1 - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES IMPROVEMENTS &COMPLIANCE Land Use Site is designated for Residential Low-Medium Density (RLM; 0-4 du/ac with a GMCP of 3.2 du/ac) Evaluate each application for development for site design quality which may be indicated by the amount and character of landscaping and screening. Evaluate each application for development for the provision of safe, easy pedestrian and bicycle linkages to nearby transportation corridors. 26 Single-family units and result in a density of 3.03 du/ac. Landscaping on the existing perimeter slope will be preserved, and substantial new landscaping will be planted on the open space lot and along the project streets. The project will install sidewalks, a bus stop along El Camino Real, and a pedestrian connection from the project to El Camino Real (adjacent to the bus stop). Yes Yes Yes Housing A minimum of 15% of all units approved in Master Plan communities shall be affordable to lower income households. The project has been conditioned to either purchase 5 inclusionary housing credits from a combined inclusionary housing project located in the NW Quadrant, or provide 5 on-site affordable second dwelling units. Yes Open Space & Conservation Utilize Best Management Practices for control of storm water and to protect water quality. No net loss of OS The project will conform to all NPDES requirements. The General Plan OS designation is a mapping error and not subject to the requirement to replace the acreage in-kind. Yes Yes oft GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 - TAB ATA 10 July 15, 2009 Page 6 TABLE 1 - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES IMPROVEMENTS &COMPLIANCE Noise Residential exterior noise standard of 60 CNEL and interior noise standard of 45 CNEL. A project specific noise study for the Tentative Map identified that an interior noise assessment to determine proper architectural treatments (i.e., specialized door and window treatments) be required for Lot 1 where the CNEL exceeds 45 dBA at the second story. The remainder of the project site, with the construction of the proposed sound berm, currently meets the internal 45 dB(A) CNEL and exterior 60 dB(A) CNEL noise standards. Yes Public Safety Reduce fire hazards to an acceptable level. The project will install new fire hydrants consistent with Public Safety Requirements. Yes Circulation Require new development to construct roadway improvements needed to serve proposed development. Enhance and preserve the natural and developed environments along each designated scenic route. Approve projects adjacent to El Camino Real only if the proposed project is consistent with the El Camino Real Corridor Development Standards. The project will construct public streets to serve the development. The landscaped and contoured aesthetic berm will blend with existing slopes on adjacent properties to the north and south to add visual continuity for this area of El Camino Real, and will visually buffer the future homes from the roadway. Yes Yes Yes See Section report. 'H" of this GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 - TAB ATA 10 July 15, 2009 Page 7 B. R-l Single Family Residential Zone The project is required to comply with all applicable regulations and development standards of the Carlsbad Municipal Code (CMC) including the R-l Zone (CMC Chapter 21.10). As summarized in Table 2 below, the project complies with all standards of the R-l Zone. TABLE 2 - R-l ZONE DEVELOPMENT STANDARDS COMPLIANCE Applicable R-l Zoning Development Standards Standard Minimum lot size Lot width Zone/Required 7,500 square feet 60 feet for lots up to 10,000 square feet in size Proposed 7,506 sq ft - 20,299 sq ft 62 feet or greater Comply? Yes Yes Though no homes are proposed with this application, the proposed lots have adequate area for building pads to accommodate single-family dwelling units that will meet all setbacks, lot coverage and have access to a publicly dedicated street. C. Subdivision Ordinance The Engineering Department has reviewed the proposed tentative map and has concluded that the 27 lot subdivision (26 single-family residential lots and one open space lot) complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. For the residential lots, all major subdivision design criteria have been complied with including the minimum lot depth of 90 feet, provision of public access, required street frontage, minimum lot area, and the design of the project so that individual residential lots do not have street frontage or access to circulation element roads. The project is conditioned to install infrastructure improvements concurrent with development. The developer will be required to offer various dedications (e.g., drainage, public utility) and will be responsible for a number of public and private improvements, including street improvements for Camino Hills Drive and the proposed public streets that will serve the future lots. The project has been designed in accordance with 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 Pollution Discharge Elimination System (NPDES) requirements. D. Inclusionary Housing Ordinance The City's Inclusionary Housing Ordinance (Chapter 21.85) requires that a minimum of 15% of all approved units in any qualified residential subdivision be made affordable to lower income households. The inclusionary housing requirement for this project is 5 dwelling units. When feasible, the affordable units are required to be constructed onsite; however, the purchase of housing credits in an offsite combined inclusionary housing project within the same quadrant may be approved by the City Council. Currently there are no credits available for purchase in the Northwest Quadrant, so the applicant is proposing to develop second dwelling units (SDU); GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 - TAB ATA 10 July 15, 2009 PageS however, if credits do become available, the applicant has requested the option of purchasing credits. Therefore, the project has been conditioned to purchase 5 credits in the Northwest Quadrant or develop 5 SDUs. Pursuant to Section 21.85.070 of the Inclusionary Ordinance, this request to satisfy Inclusionary Housing through the development of SDUs requires the approval of the City Council. E. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203); The project site is located in the Mello II Segment of the Local Coastal Program (LCP) which contains land use policies for development and conservation of coastal land and water areas within the Mello II segment boundaries. The project site is not located within the appeals jurisdiction area of the California Coastal Commission. The projects compliance with these programs and ordinances is discussed below. 1. Mello II Segment of the LCP The LCP Land Use Plan designates the subject site for Residential Low-Medium (RLM) density development which allows a density of 0-4 du/ac. The LCP zoning map designates the site as Local Control (L-C). As discussed above, the proposed Zone Change will bring the City's zoning map into conformance with the LCP zoning map. The project's proposed density (3.03 du/acre) is consistent with the LCP RLM Land Use Designation as previously discussed in section A of this report. The project site is a former farm but is not designated on Map X as a coastal agricultural resource and is not subject to the coastal agricultural preservation policies of the LCP. No sensitive habitat resources are located on the project site. The project is not located in an area of known geologic instability or flood hazard. No public opportunities for coastal access are available from the subject site and no public access requirements are conditioned for the project. Since the project is not located between the first public roadway and the ocean, the residentially designated site is not suited for water-oriented recreation activities and the development does not obstruct views of the coastline as seen from public lands or public right-of-way. 2. Coastal Resource Protection Overlay Zone The project site is located in the Coastal Resource Protection Overlay Zone. This overlay zone generally restricts the development of natural steep slopes of 25% or greater that contain endangered plant/animal species and/or Coastal Sage Scrub or Chaparral plant communities. However, the overlay zone allows development of natural steep slopes of 25% or greater that do not contain the above-noted sensitive habitat plants/animals, subject to specific findings. The majority of the site has been previously graded to allow agricultural activities. The upper portion of the existing knoll contains small areas of natural slopes that exceed 25% gradient, with manufactured slopes on the lower majority of the knoll. The slopes do not contain sensitive habitat. Development of the project requires the grading of the knoll, including the natural upper portion, which is allowed provided the findings can be made. The proposed project complies with all of the required findings of the Coastal Resource Protection Overlay Zone as illustrated in the Table 3 below. GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 - TAB ATA 10 July 15, 2009 Page 9 TABLE 3 - COASTAL RESOURCE PROTECTION OVERLAY ZONE COMPLIANCE FINDING RESPONSE That a soils investigation be conducted to determine that the site slope areas are stable and grading and development impacts mitigable for at least 75 years, or the life of the structure. A soils and geologic analysis of the site was prepared in conformance with City requirements (Preliminary Geotechnical Investigation, Proposed 26-lot subdivision, Camino Hills Drive, Carlsbad, APNs 212-050- 32 & -33, Vinje & Middleton Engineering, Inc., June 23, 2006). The analysis outlined recommendations and mitigation which will be incorporated into the project. With the recommendations and mitigation, grading and development impacts are mitigable consistent with City standards and the site is suitable for the proposed subdivision. Grading of the slope is essential to the development of the site. The proposed grading is essential to the development of the site in that the grading of the knoll will enable the development of a more developable building pad and more efficient street design. Slope disturbance will not result in substantial damage or alteration to major wildlife corridors, habitat or native vegetation. Slope disturbance will not damage or alter major wildlife habitat or native vegetation since it is an infill lot and the site has been previously disturbed. Pursuant to the biological analysis prepared for this property, neither natural plant communities nor sensitive plant species occur on site. No grading or removal of steep slopes will be permitted unless all environmental aspects have been mitigated. The biological analysis concluded that the site contains no sensitive habitats or wildlife and that no environmental impacts will result from the project. The site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. F. Hillside Development Regulations and Guidelines The project is subject to the Hillside Development Regulations because the site contains slopes over 15% gradient and slope elevation differences greater than 15 feet. The project meets all the requirements of the Hillside Development Regulations and Guidelines as discussed below: • Hillside conditions of the project have been properly identified on the constraints map, which show existing and proposed conditions and slope percentages; • The proposed pad grades are terraced and follow the natural slope of the property; • No natural slopes exceeding 40% gradient exist on the property; • Manufactured slope heights are not proposed to exceed approximately 22 feet, which complies with the 40 foot standard for maximum height for manufactured slopes; GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 - TABATA 10 July 15, 2009 Page 10 • The project proposes contour grading for the manufactured slope along El Camino Real consistent with Sec. 21.95.120.F which requires contour grading for manufactured slopes greater than 20 feet in height and 200 feet in length. • Pursuant to the geotechnical report, remedial grading is necessary to remove and recompact the existing fill and alluvium soils to prepare the site for future development. Excluding remedial grading, the project grading volume (5,657 cubic yards/acre) is within the "acceptable" range; • The project proposes only minimal encroachment (6 vertical feet) into the existing 40% gradient manufactured perimeter slope on the south side of the property. Additionally, the project is subject to, and consistent with (see Section E above), the steep slope requirements of the Coastal Resource Protection Overlay Zone, which are more restrictive than the Hillside Development Regulations. G. City Council Policy 66 Principles for the Development of Livable Neighborhoods Project compliance with City Council Policy 66 Principles for the Development of Livable Neighborhoods is demonstrated in Table 4 below. TABLE 4: CITY COUNCIL POLICY 66 - LIVABLE NEIGHBORHOODS Principle Compliance Comments 1 Building Facades, Front Entries, Porches Facades create interest and character and should be varied and articulated to provide visual interest to pedestrians. Clearly identifiable front doors and porches enhance the street scene and create opportunities for greater social interaction within the neighborhood. Building entries and windows should face the street. Front porches, bay windows, courtyards and balconies are encouraged. N/A - The project consists of a subdivision and grading plan, no homes are proposed with this application. Garages Homes should be designed to feature the residence as the prominent part of the structure in relation to the street. A variety of garage configurations should be used to improve the street scene. This may include tandem garages, side-loaded garages, front-loaded garages, alley-loaded garages and recessed garages. N/A - The project consists of a subdivision and grading plan, no homes are proposed with this application. GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 - TABATA 10 July 15,2009 Page 11 TABLE 4: CITY COUNCIL POLICY 66 - LIVABLE NEIGHBORHOODS CONTINUED Principle Compliance Comments Street Design An interconnected, modified (grid) street pattern should be incorporated into project designs when there are no topographic or environmental constraints. Interconnected streets provide pedestrians and automobiles many alternative routes to follow, disperse traffic and reduce the volume of cars on any one street in the neighborhood. Streets should be designed to provide both vehicular and pedestrian connectivity by minimizing the use of cul-de-sacs. The street network should also be designed to create a safer, more comfortable pedestrian and bicycling environment. Local residential streets should have travel and parking lanes, be sufficiently narrow to slow traffic, provide adequate access for emergency and service vehicles and emergency evacuation routes for residents and include parkways with trees to form a pleasing canopy over the street. Local residential streets are the public open space in which children often play and around which neighborhoods interact. Within this context, vehicular movement should be additionally influenced through the use of City-accepted designs for traffic calming measures. The project includes a looping street design provides interconnectivity and a grid-like pattern, and no cul- de-sacs are proposed. The street is adequate to serve the 26 residential lots. The road extension includes full-width improvements that will allow safe pedestrian movement throughout the site. There is also a perimeter sidewalk surrounding the residential development. Parkways Street trees should be planted in the parkways along all streets. Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption. The project provides a fully landscaped parkway between the sidewalk and public street with street trees consistent with City standards. Pedestrian Walkways Pedestrian walkways should be located along or visible from all streets. Walkways (sidewalks or trails) should provide clear, comfortable and direct access to neighborhood schools, parks/plazas and transit stops. Primary pedestrian routes should be bordered by residential fronts, parks or plazas. Where street connections are not feasible (at the end of cul-de-sacs), pedestrian paths should also be provided. The project will install a bus stop along El Camino Real and provide a pedestrian connection from Camino Hills Drive to El Camino Real and the new bus stop. The proposed public streets include a perimeter sidewalk surrounding the residential development. \0\ GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 - TABATA 10 July 15,2009 Page 12 TABLE 4: CITY COUNCIL POLICY 66 - LIVABLE NEIGHBORHOODS CONTINUED Principle Compliance Comments Centralized Community Recreation Areas Park or plazas, which serve as neighborhood meeting places and as recreational activity centers should be incorporated into all planned unit developments. As frequently as possible, these parks/plazas should be designed for both active and passive uses for residents of all ages and should be centrally located within the project. Parks and plazas should be not be sited on residual parcels, used as buffers from surrounding developments or to separate buildings from streets. The project consists of standard single-family residential lots containing a minimum of 7,500 square feet and is not subject to the planned development requirements for community recreation areas; however, the project does include a proposed grassy amenity area for future residents on Lot 27. H. S-P (Scenic Preservation) Overlay Zone and El Camino Real Corridor Development Standards A Special Use Permit is required whenever a site is located within a Scenic Preservation or Floodplain Overlay Zone. The proposed project is located within the El Camino Real Scenic Corridor Overlay Zone. The intent of the El Camino Real Corridor Development Standards are to maintain and enhance the appearance of the roadway by setting standards for setbacks, building height, grading, and design theme. The proposed project is located in Area 3 (County Store to College Avenue Intersection) of the El Camino Real Corridor, where low intensity residential uses dominate this central portion of the city. The proposed project is consistent with the applicable development standards and intent of those standards with regard to aesthetic considerations. Each of the applicable requirements and responses to the requirements is addressed in Table 5, below. TABLE 5 - EL CAMINO REAL CORRIDOR STANDARDS COMPLIANCE STANDARD REQUIRED/ALLOWED PROVIDED Design Theme Rural Residential The proposed project is low density residential and consistent with the design theme. Max. Building Height 15'within 100'of ROW 25' between 100' and 200' of ROW 35' between 200' and 300' of ROW No homes are proposed at this time; however the development of homes on the property shall require the future submittal of an SUP and compliance with the El Camino Real Corridor Development Standards (including max. building height). GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 - TAB ATA 10 July 15, 2009 Page 13 TABLE 5 - EL CAMINO REAL CORRIDOR STANDARDS COMPLIANCE CONTINUED STANDARD REQUIRED/ALLOWED PROVIDED Maintain and enhance the roadway appearance Pursuant to Engineering Condition No. 53 of CT 06-03, improvements to El Camino Real along the project frontage include completion of the AC paving, base, sidewalk, curb, gutter, median and landscaping. Max. Grading Change No cut or fill exceeding 10' from original grade Proposed grading exceeds this standard in order to construct the proposed berm. The berm varies in height from 15' to 22' and is located along El Camino Real for nearly the entire project frontage. The berm will be fully landscaped with shrubs and trees and will be contour graded. The purpose of the berm is to provide sound attenuation for the project from roadway noise generated by traffic on El Camino Real, to provide a visual and physical buffer for the future homes from the roadway, and to provide visual relief for the El Camino Real scenic corridor from the development. Staff recommends approving a deviation from this standard. See below for discussion. Min. Building Setback 45' from ROW or 15' from top of slope, whichever is greater All proposed lots will exceed the required minimum 45' setback from the El Camino Real ROW and 15' from the top of the proposed berm. According to Section V of the El Camino Real Corridor Standards, deviations are possible when application of the standards are not feasible and not in the best interest of good planning practice. In approving the deviations, the Planning Commission shall make the following findings: 1. Compliance with a particular standard is infeasible for a particular project, in that (a) the project requires sound attenuation from El Camino Real, and (b) a sound wall instead GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 - TABATA 10 July 15, 2009 Page 14 of the proposed landscaped and contoured berm would be less attractive and inconsistent with the aesthetic objectives of the El Camino Real Scenic Corridor Standards. 2. That the scenic qualities of the corridor will continue to be maintained if the standard is not fulfilled, in that the proposed landscaped and contoured berm along El Camino Real is designed to blend the project with the slopes on neighboring properties to the north and south of the project site and will be a much improved appearance compared to a sound wall. 3. That the project will not have an adverse impact on traffic safety, in that the project grading will not cause a sight distance problem along El Camino Real; the project has adequate road access; and the surrounding roads that will service the development, including El Camino Real, have adequate capacity for the future trips generated by the project. 4. That the project is designed so as to meet the intent of the scenic preservation overlay zone, in that the proposed landscaped and contoured berm will blend with neighboring properties and reduce the visual impact of future homes on this property as viewed from El Camino Real. I. Habitat Preservation and Management Requirements (Chapter 21.210 of the Carlsbad Municipal Code) The project site is not designated in the HMP as an existing hardline, proposed hardline or standards area, and is identified as developable. In addition, the project site is not adjacent to any hardline or habitat corridor areas. No sensitive habitat or species were found on the property. To the north of the project site is eucalyptus woodland identified in the HMP. However, this woodland is separate from the area along Camino Hills Drive that will be impacted by the project. The site is currently undeveloped, though previously disturbed through agricultural activities, and contains 7.7 acres of disturbed habitat, 0.9 acres of Non-native Grassland (NNG), 0.3 acres of Eucalyptus Woodland, 1.2 acres of developed area and less than 0.04 acres of landscaped area. The project is conditioned to pay a habitat mitigation fee for impacts to the NNG, eucalyptus woodland and disturbed habitat. Due to the nearby eucalyptus woodland north of the project site and the eucalyptus trees that will be impacted by the project, conditions have been added to mitigate for potential impacts to nesting birds consistent with the Migratory Bird Treaty Act and HMP. As designed and conditioned, the project is consistent with the requirements of the HMP. J. Growth Management The proposed project is located within Local Facilities Management Zone 24 in the northwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in the table below. GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 - TAB ATA 10 July 15, 2009 Page 15 GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water IMPACTS 90 sq. ft. 48 sq. ft. 26EDU 0.1 8 acre Basin B- 34.1 4 c.f.s. 260 ADT Station No. 5 1.7 acres Carlsbad Unified Elementary (6) Junior high (3) High school (4) Total =13 26 EDU, Basin 24B 14,300 GPD COMPLIANCE Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes The proposed project is 1.42 units below the Growth Management Control Point for RLM designated property. Accordingly, 1.42 dwelling units will be deposited into the City's Excess Dwelling Unit Bank. V.ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to biological resources and mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have now been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper and sent to the State Clearinghouse for public agency review. One public comment letter was received during the 30- day public review period from January 16, 2009 to February 15, 2009. A letter from the California Department of Fish and Game, dated February 11, 2009, was received during the 30- day public review and comment period. The letter requested (1) spring surveys specifically for thread-leaved brodiaea (Brodieae filifolia), a state-endangered and federal-threatened plant species, and (2) if trees are removed during the bird breeding season of January 15 to August 30, that pre-removal surveys for nesting birds be performed. To address the first comment, surveys were completed in May 2009 and a subsequent biological study was submitted to the City on May 18, 2009 (Attachment 15). The report states that no brodiaea was found on the project property, which confirms the original findings of the MND and no modifications to the MND are necessary. To address the second comment, the project mitigation measures were modified to include the January 15 to August 30 bird breeding season timeframe as requested by the California Department of Fish and Game. In addition, the language of this mitigation measure has been updated to reflect the most current language used by the Planning Department. The GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 - TAB ATA 10 July 15, 2009 Page 16 MND, MMRP, and the one comment letter are included as attachments to Resolution No. 6601 recommending approval of the Mitigated Negative Declaration (Attachment 1). ATTACHMENTS: 1. Planning Commission Resolution No. 6601 (MND) 2. Planning Commission Resolution No. 6602 (GPA) 3. Planning Commission Resolution No. 6603 (LCPA) 4. Planning Commission Resolution No. 6604 (ZC) 5. Planning Commission Resolution No. 6605 (CT) 6. Planning Commission Resolution No. 6606 (SUP) 7. Planning Commission Resolution No. 6607 (HDP) 8. Planning Commission Resolution No. 6608 (CDP) 9. Location Map 10. Background Data Sheet 11. Local Facilities Impact Assessment Form 12. Disclosure Statement 13. Reduced Exhibits 14. California Department of Fish and Game Comment Letter 15. Focused Thread-leaf Brodiaea Survey for the Tabata 10 Property 16. California Department of Fish and Game acknowledgement of the Focused Thread-leaf Brodiaea Survey 17. Full Size Exhibits "A" - "L" dated July 15, 2009 BACKGROUND DATA SHEET CASE NO: GPA 06-04/ LCPA Q6-02/ ZC 06-Q3/ CT 06-137 SUP 06-087 CDP 06-19/ HDP 07-03 CASE NAME: Tabata 10 APPLICANT: Tabata Family REQUEST AND LOCATION: Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Local Coastal Program Amendment and Zone Change; and a request for approval of a Tentative Tract Map, Special Use Permit, Hillside Development Permit and Coastal Development Permit for the subdivision, grading and utility development of a 10.16-acre site into twenty six (26) single-family residential lots and one (1) open space lot, on property generally located at the north-east end of Camino Hills Drive along the west side of El Camino Real within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 24. LEGAL DESCRIPTION: Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1). in the City of Carlsbad, County of San Diego, State of California Rec. March 21. 1974 in the Office of the County Recorder of said San Diego County APN: 212-050-32, -33 Acres: 10.16 Proposed No. of Lots/Units: 26 single family lots. 1 open space lot GENERAL PLAN AND ZONING Existing Land Use Designation: RLM/OS Proposed Land Use Designation: RLM Density Allowed: 0-4 du/ac Density Proposed: 3.03 du/ac Existing Zone: L-C Proposed Zone: R-l Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site L-C RLM, OS Vacant (formerly agriculture & SFR) North O-S, L-C RLM, OS SFRs, Open space, golf course South RMHP RLM Mobile homes East L-C, C-L RLM, L Vacant, SFRs West R-l, RMHP RLM SFRs, Mobile homes LOCAL COASTAL PROGRAM Coastal Zone: 1X1 Yes | | No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: | | Yes IXI No Coastal Development Permit: [x] Yes [~~l No Local Coastal Program Amendment: IXI Yes I I No Revised 01706 Existing LCP Land Use Designation: RLM Proposed LCP Land Use Designation: RLM Existing LCP Zone: L-C Proposed LCP Zone: R-l PUBLIC FACILITIES School District: Carlsbad Unified School District Water District: Carlsbad Municipal Water District Sewer District: Carlsbad Municipal Sewer District Equivalent Dwelling Units (Sewer Capacity): 26 ENVIRONMENTAL IMPACT ASSESSMENT I I Categorical Exemption,, Mitigated Negative Declaration, issued July 15, 2009 Certified Environmental Impact Report, dated_ Other, Revised 01/06 Kfc 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: Tabata 10 - GPA 06-Q4/LCPA Q6-02/ZC 06-03/CT 06-13/SUP 06- 08/CDP 06- 19/HDP 07-03 LOCAL FACILITY MANAGEMENT ZONE: 24 GENERAL PLAN: RLM/OS ZONING: L-C DEVELOPER'S NAME: Tabata Family ADDRESS: 6692 Lemon Leaf Dr., Carlsbad. CA 92011 PHONE NO.: 760-754-1900 ASSESSOR'S PARCEL NO.: 212-050-32.-33 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 10.16 ac./26 du ESTIMATED COMPLETION DATE: as soon as possible A. City Administrative Facilities: Demand in Square Footage = 90 sf. B. Library: Demand in Square Footage = 48 sf. C. Wastewater Treatment Capacity (Calculate with J. Sewer) 26 EDU D. Park: Demand in Acreage = 0.18 ac. E. Drainage: Demand in CFS = 34.14 CFS Identify Drainage Basin = B (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = 260 APT (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 5 H. Open Space: Acreage Provided = 1.7 ac. I. Schools: 6 elementary students (Demands to be determined by staff) 3 middle school students 4 high school students J. Sewer: Demands in EDU 26 EDU Identify Sub Basin = 24B (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD= 14,300 GPP L. The project is 1.42 units under the Growth Management Dwelling unit allowance. City of Carlsbad Planning Department 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. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1 . APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person _ Title Address 4>&<2, S./?sJ*/v ^/^/fs^S)* Address 2. OWNER (Not theowner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person «g / dg^e Corp/Part Title Title Address Address 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ ' n• 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit 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 Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes "No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 TENTATIVE MAP FOR:GENERAL NOTES TABATA -10 GPA 06-04/LCPA Q6-02/ZC 06-03/CT 06-13/SUP 06-08/CDP 06-19/HDP 07-03 /' V7ONZTYMAP M3T TO PLAN yiEW-PRRI-IMTNARY SJTF. PT.AN LEGAL DESCRIPTION TENTATIVE MAP SECTIONS s-g1.. an. nBLK STfST ROM-~ UTED 3D' STEEL "* TYPICAL SECTION: CAMINO HILLS DR. SEC7TON4 .£.""T85" PROPOSED TWE - SS^S^», EXIST1M3 fOFm/tfsn ISOUJH/&SJ) BE LOWJH) » OHIVEWtS •PHgpoaa? ifl- PCP~^ \ v.d^»a-flE*ViavVifljks TO" TYPICAL SECnor?- CAMBVO fflLLS DR. ( -4^0 SECTIONS ssfag-""—^ TyPJCAL SECTION: PUBLIC STREET ,— TYPICAL SECTION: EL CAMINO REAL toneaneuc aaomsioN annum LOC mcwce -— PBOPOSB3 LOT•^ LINE (T1PJ nuMce nuwa?PMA49 -^~UW I7WJ /-fM.J)n«?j> '»""- |^—i ,A SECTION C tr u'<UJ -ULyojS - isS>-< UJCJllffi r$ •<Tabata2 OF 8 SHEETS Is! UTILITY PLAN FOR: TABATA -10 NOTE: GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/CDP 06-19/HDP 07-03 n urawi c M*TB* tfrst LOCATION AflE CCMCBTUU. MO SUBJECT TO CunDN PER OfOVE Wf LOCATWfG LEGEND NO. net t STD, OH;. rme -s-r one wji TYPE -<-4- oawour TYPE T- arm ansn rsf Htmwr 0MS) SE*e? NW«L£ B- PVC SEiei WIN fSDR-35) qo]o qojoo ne-oa 03 M-oa (M 0- SATE MLVE eosrwe «o> Ifl- HCP ff 2.MtK£5S CneWSE oosnwe FIRE M PHOPOSED O-79 EXISTING 0-73 DITCH DITCH CHUN PIPE « PLAN VIEW: DETENTION STRUCTURE a ai OF 8 SHEETS EASEMENT EXHIBIT FOR: TAB ATA -10 GPA 06-04/LCPA 06-O2/ZC 06-03/CT 06-13/SUP 06-08/CDP 06-19/HDP 07-03 SO »!B> XX V\~HE* noc A / ^^* GRAPHIC SCALE r-50 50 100 150 <P g $E "Is UniS^nS"5 z i xynjftiB £ OF 8 Joa PROFILED SLOPE ANALYSIS EXHIBIT PRESENTING EXISTING SLOPE CONDITIONS 50 100 150 PROJECT GROSS AREA = 442^41 SF (IO.I5 AC) PROJECT NET AREA (~\.O.Vj = 422,636 ("T.7C3 AC; • 33Z34S SF (7.63 AQ * SLOPES GREATER TH4N 40X - 62506 SF (1.43 A Sx<:Z i iliJa] 01503 a PROFILE B -EKISHNS OUT PROFILE C TUB JUl W OftjaOl OF 8 SHEETS EROSION CONTROL GRAPHIC SCALE 50 100 150 LEGEND SLBOIWSION Mtf BOLNMflr FOSt HULLS KB 9C-5 SID* OWJN Di£T HVH-C11ON PBt SC-« SILT FBCE PER 3C-1 PftF09ED UK* D1TW HYOBGBSS3WG PER SS^4 OR CCUMLBfl nrt -B-J- CUB acfr PSI SQBSO o-s ff I OF 8 SHEETS I HILLSIDE DEVELOPMENT PERMIT EXHIBIT 50 100 150 LEGEND Srissm«i9> • 332343 SF {7.63 j« - Mae SF ID.M MI - 14275 SF 1033 4O - lfl<BB !F »-3D « ME* OF BCKHCH&T • 12J357 SF tOSB 4C3 ajres OHEATS? THW «> - saaw SF O.-G AO HILLSIDE GRADING CALCULATIONS: TOTAL S1UED J«&t 411397 SF S-S *O 56000 CT / 9J *C - £697 CY/Mf 3£B7<7&B JtBSVf 4OBTHBLE PER OC 21.9S.ia) a £ fl Tot Jul 14 OSISK 30Oan\U>llfro OF g DENSITY CALCULATION EXHIBIT EXHIBIT PRESENTING EXISTING ON-SITE CONDITIONS GBAPHIC SCiU 50 100 150 PROJECT 6ROSS AREA = 442,341 SF (\O.\5 AC)PROJECT NET AREA (W/I.ODJ = 442,341 (IO.I5 AO> LEGEND EXISTING COVTOUG SLOPES OfATBt TM4M 40 SIGNFKtNT METUtfOS - 62508 SF fl.43 AO 5 W1LKWO TtUCK BEDS NOT tfFLlCtBLE 1(9.15 AC - \A3 AC - O.3O/2 AC = S.57 ACRES ' 3^ LOTS/AC = 27.42 LOTS UJ ^-o a 8 OF 8 SHEE7S I:si (fl CITY OF CARLSBAD NOTES Inspection ot the protect snaS bepertormedby the Landscape A/i3iiiectot the Work, or his designated agent Refer to the specifications for the schedule of reqwed Inspections and required subrntttals. FolkNWIng completion of the work, the Landscape Architect of ihe Work wM cartHy that the mataHatton has been completed by submtHng the final Landscape Cartffcatfon Forrrr. A request for a Ifnal landscape inspection by Ihe City must also be made by calling the Inspection Request Una. AI irrigation backflow preventers shal be tested by a certified tetter and results must begiven to the City and the Carlsbad Municipal Water District. Pipe between the meter arm backtow preventer shal be "Schedule K Hard Copper" Approved contract backflow testerscan be found on the City web site at www.cj.carisbad.ca.us/pdtdoc.htmf7pidv340. As-built plans tor alt protects [bonded and non-bonded, public and private) are inquired tobe submittad. Submitta, at as-built plans shall be as required by the Engineering and Planning Departments. The final plans shaH be prepared by the landscape architect from dimensions provided By the contractor. Final as-built plans shaft be drafted dearly to the satisfaction of the City, and the original mylars shall be submitted to trie City lor their keeping. Final irrigation as-buBt plans will be requited to be reviewed and approved by the City, and Snal mylars wM be required la be approved and signed by the City prior to PlanningDepartment signing the permit cart ts specified herein snaM be •. Sbncfant #T - Cover Crt^fMrifbrcetf SCover crop shal be a seed mix typically made up of quick germinating and fast covering grasses, clovers and/or wMBowers. Submit the specific seed mix for City approval prior to application. The cover crop shal be applied at a rate and manner sufficient to provide 90% coverage within 30 days. tf *2-Ground Cow One hundred percent (10O%) of the area shall be planted with a ground cover Known tohave excellent soil binding characteristics (planted from a minimum size o4 Hatted material and spaced to provide fuN coverage within one year). c. Standard #3 - Low Shrvta minimum of seventy percent (70%) of Ihe slope lace (at mature size). d. Standerri <M. Trees amf/or Large Sfuubs Trees and/or large shrubs shaH be (planted from a minimum of I gallon containers} at a minimum rate of one (1) per two hundred (200) square feet. Slopes -6:1 or steeper and: a. 3 teet or less In vertical height and are adjacent to public walks or streets require at minimum Standard #1. D. 3 feet W 8 feet In vertk^ height reo^re SUirKlarda >1M. #2 arkd #3.c. In excess ot 9 feet in vertical height require Standards *1. *2. #3 and #*. Areas graded flatter than 8:1 require Standard #1 (cover crop) with temporary imgattoo when Ihey have one or more of the following conditions: a. Sheet graded pads not scheduled for improvements wrthm B months of completion ofrough grading. D. A potential erosion problem as determined Oy the City. e. MentMed by the Crty as highly visible areas to the public or have special conditions that warrant immediate treatment Prior to the start of grading, the applicant or applicant's agent snaH ot>Mn City approval of a construction schedule and/or exhibit outlining the timing erf the slope planting and Irrigation.The schedule shaH show liming of construction ot free-standing, retaining and crib walls immediately after rough grading as each location is achieved, (rrtgaoon and planting shaK take place as grading progresses. Installation of Irrigation as shown on the approved plans shaH commence within 10 days of the time when each slope is brought to grade as shown on the approved grading plans. Planting and Irrigation tor the slope areas shaK be completely installed, as shown on the approved plans, within 30 days after the irrigation instattabon first commences. UNAUTHORIZED CHANGES & USES The landscape architectural ftrm preparing these plans wit not be responsible for. o try. unauthorized changes to or uses oftheseplans. AJI changes to the plans must writing and must be approved by the preparer ot these plans. CONCEPTUAL LANDSCAPE PLANS PREPARED FOR: TABATA- 10 GPA 06-04/LCPA 06-02/ZC O6-03/SUP 06-08/CDP 06-19 APN: 212-050-32&33 CARLSBAD, CALIFORNIA CONCEPTUAL DESIGN OBJECTIVES 3. Color from plant foliage, bark or flowers will be utHzad to create a friendly, warm and visually exciting landscape environment. Thematic color schemes wiN be utilized in developing protect identity. See final planting plans tor Installation layout, details and specifications. 4. Parkway planting shall match easting adjacent Improvements along B Camino Real and snail meet minimum City of Carlsbad requirements as outlined in ihe Landscape Manual and as shown on this 5. Slope plantings shall take place upon completfon of grading operations 6 Slopes shall be planted to meet Ctty of Carlsbad requirements as outlined In the City of Carlsbad Landscape Manual and as shown on these plans. 7. Irrigation system wM be permanent below ground automated systems adequate tor the estaWlsnrnenlarKlmalntenarx»ofaBplammater.al. These systems wll be instated as soon as a AJI permanently landscaped areas will be served by Irrigation systems using tow precipitation Ifxed spray, stream rotor, and bubbler heads tor transitional landscape areas, slopes and parkways. Pop-up heads shaH be used adjacent to walks, drives and activity areas. 9. AH sods In areas with slopes less than 3: T wM be fertilized, amended, and tilled to conform torecommendations made by a soil testing laboratory and/or landscape architect In order to promote healthy and vigorous plant growth. 10. Landscape Brtfsh grading objectives wlU include positive surface drainage of planted areasthroughout the stte • a mlnlmom of two percent (2%) away from building in planting areas. See crvdanglneeringplaratorllnal grading. ts shaH be Implemented throughout the project per City of CarlsbadLandscape Manual IV-C including, but not limited to. application of -Xerlscape Principles': a. Good design. b. Thorough soil preparation. c. Careful planned use of shrub and lawn areas.d. Adapted, low water demand plants. 1. Mulched Dower and shrub beds. g. Proper landscape maintenance and management. PREPARED FOR: Tabata Properties Contact: Greg Harrington P.O. Box 879 Carlsbad, CA 92018 PH: 760.754.1900 PREPARED BY: CALIFORNIA LANDSCAPE TECHNOLOGIES 970 Woodlake Drive Cardiff by the Sea, CA 92007 PH: 760.942.9320 SHEET INDEX: TITLE SHEET CONCEPTUAL PLANTING PLAN CONCEPTUAL WALL/FENCE PLAN & PLANTING NOTE WATER CONSERVATION PLAN 1 2 3 VICINITY MAP - NOT TO SCALE (THOMAS BROS. 1107-C7) LANDSCAPE AREA SUMMARY Total landscape Araa (TLA)*: IS4.S76 Total Landscape *M-Zone 1 (Turfl: 17.762 Tow Landscape Aw-Zone 3: 13S.794 " Percentages of turt (cod seeson grtper City ot Cailsoad requirements VEGETATION SUMMARY Area with slope higher than S In vertical height 101,773s.t.Tree/large shrub required: 509 Tree/large shrub provided: 529(Including ex. trees to remain) Area with slope higher than 41 in vertical height 134,482 s.l.Slope coverage with woody shrub required*: 94,137 s.t.Slope coverage with woody shrub prodded: 97,717 s.l. * Per City of Carlsbad slope and erosion control requirements(Landscape Manual IV-E.3). slope coverage required with woodyshrubs is minimum 70% al plant maturity. APPROVED FOR PLANTING AND IRRIGATION ONLY, INCLUDING PRECISE LOCATION OF PLANTING AREAS. REVISION DESCRIPTION "AS BUILT' REVIEWED BT I CITY OF CARLSBAD I LANDSCAPE PLAN TITLE SHEET TABATA-10 EXISTING WATER —..MAJN..PER, 246-t \PROPOSED PLANT PALETTE GROUNPCOVEH SUCH AS; NEW PLANTINGS PROPOSED IN EXISTINGVEGETATION AREA ARE SUPPLEMENTALONLY. CONTRACTOR SHALL ADJUST PLANTING LAYOUT IN FIELD ACCORDINGLY EXISTING TREES/LANDSCAPE SHALL BEPROTECTED IN WHERE POSSIBLE. CODE 'f' .OWTX CODE C L S AHGE CODE A H ARGE CODE T BOTANICAL NAME Baccharis p. •Pigeon PoirrT Myoporump. 'Pink' Roamarinus o. 'Prostralus' Trachetospermum jasminotde* MEDIUM SPREADINQ SHRUI BOTANICAL NAME Ceanothus "Conch* Ceanothus g. h. -Yankee Point Clstus 'Sunset- Lantana 'Spreading Sunshine1 SHRUBS ON HOA/PFUVATE SL BOTANICAL NAME Acacia redotons Arbutus u. Compacta* Heteromeles arbuSfoda Rhusovata SHRUBS ON •GREEN BELT" 31 BOTANICAL NAME CaMiandra tweed* Cotoneaster lacteus Ptttosporum I, Variegata* PhoBrta frasert COMMON NAME Dwarf Coyote Brush PlnkMyoporum Trailing Rosemary Star Jasmine S SUCH AS: COMMON NAME Wld Lilac WBdLBac Rockrose Yellow Trailing Lantana OPE SUCH AS: COMMON NAME NCN Dwarf Strawberry Tree Toyon Sugar bush CHAS: COMMON NAME Brazilian Frame Bush Cotoneaster Variegated Pittosporum FrasefsRedTTpPhotinia 3TV 617 STY 266 JTY 1)9 SIZE Rats SIZE. 1 Ga»on SIZE SGaHoo SIZE SGation VINES SUCH AS: CODE I BOTANICAL NAME •nvV«-| Flcus pumta PR1VATE/HOA SLOPE TREES SUCH A. CODE 0 "GREEI CODE 0® STHEE1 & ITJRF CODE BOTANICAL NAME CaWsumon vtninaMs Eucalyptus sideroxylon Eucalyptus torquaia Pinus ekJarda Schinus molle BELT TREES SUCH AS: BOTANICAL NAME Lenc^stenwnconfertus Liquidambar styractfua Pyrus c. 'Aristocrat1 TREES SUCH AS: Jaca/anda mimoattolla Koetreuteria tupinnata Plstacia chmensis Platan us acerifolia •Boodgooa" BOTANICAL NAME Marathon Tall Fescue COMMON NAME JQTYl SIZE Creeping fig } 59 | t QaHon COMMON NAME Weeping Bottebrush Redlronbark CoralGuni AJghan Pin* California Pepper Tree COMMON r"WE Brisbane Box American Sweet Gum Ornamental P«ar Jacaranda Chinese Rama Tree 94 CWnese Pfetache Sycamore- 20 STY " TTY 49 24 SIZE ISGaHon SIZE 24- Box NOTES Piant@i2-O.C NOTES Plant @3 O.C. NOTES Plant @7- O.C. L NOTES Plant @r O.C. NOTES AnachtowaH NOTES Standard. NOTES Standard Installed wtthdouttestaka. Standard Installed wfth double 801 landscape requirements. See SrreatTre* Maintenance Notff betow. "See note #6 below. COMMON NAME Tad Fescue SIZE Sod NOTES PLANTING NOTES • All landscaped area shall be Irrigated. See Irrigation noies on sheet * 2. Street srtall t* instated pw City of Carlsbad Landscape Manual IV-D.3 and locate street trees:a. A minimum of 3 outside ol the public right-of-way. d. Not in conflict with public unities. a. Outside ot sight Hne. (See Appendix C 4}3. Areas graded flatter than 6:1 require Standard *1 (cover crop) when may have one or more ot thefollowing condfOons:a. Shoe! graded pads not scheduled for improvements within 6 monflis ot compteuon o* rough grading b. A potennal erosion control problem as determined Oy the City. c. Identified Oy the City as Nghly visible areas to the public or hove special conditions that warrantimmediate Deatment4. Oroundcover on all slopes 4' in vertical rteight and greater shad be spaced to provide 100% coverage In one year. 5. A minimum ot 31 of organic mulch shaH be applied to all planting areas where tree, afirubs. groundcoverand tuff are not provided.B. Sycamore snaH be planted along El Camlno Real Variety shaH be subject 10 «nal City approval Verify Area to be covered wrtri rewTforced straw mat: Slope; grades 6: horizontal width where hard to install irrigation system. Note: AH slope..policies and requirements shall meet City of CwtsOad Landscape Manualrevegetatton/erosion c STREET TREE MAINTENANCE NOTE Street trees shaH De maintained by: Pnvate Homeowners - Street trees adjacent to private lot Tabata HOA - Street uses adjacent to HOA maintained area Adjacent Association's) and Owner(s) - Street trees outside of Subdivision CODE EX.H 0 DESCRIPTION (18) Existing trees to rer Easing trees to be removed Existing shrubs to remain - Protect in place E»sting shrubs to be removed BOTANICAL NAME CV: CaMlsternon vimlnalis, EU/ + Eucalyptus 3pp.. PI: Pinus spp , SM: Schinus molle Note: Caliper diameter of all existing trees on site are between 6 inches toDiameter of existing trees shown on this plan are between 12 inches APPROVED FOR PLANTING AND IRRIGATION ONLY. INCLUDING PRECISE LOCATION OF PLANTING AREAS. REVISION DESCRIPTION "AS BUILT- I CITY OF CARLSBAD II PLANNtNC OEPAB1MEM | HnnsRnSP^^^^^^^^^^^^^^^^^^^^^^^^ 1 CONCRETE 8u5^~,...b-~-•~- ~~ - ~.~ ~~ E EXISTING MEDIANCAMINO REAL PROPOSED ... . PAD AND BOARDING PADp£K NC7D AND CITYCARLSBAD SPECMCA ssr PROPOSED SOUND BERM 5' HIGH CMU WALL © ROUND GROUT TOP TO DRAW. (3) *3 BAR @ 24- O.C. IN BOND BEAM AND *4 BAR @24" O.C. (VERTICAL) SOUD GROUT @ BAR CELLS AND BOND BEAMS. ® WALL HEIGHT FWE (5) FEET. (D CONCRETE FOOTING WITH (1) #4 BAH CONTWUOUS. (D FINISH GRADE NOTE; RETAINING WALLS PER CIVIL STANDARDS. HEIGHTS AS SHOWN ONCML PLANS. CMU TAN BLOCK SPUT FACE ONE SIDE ONLY R STEEL TOP AND BOTTOMF)M/2-x RAILS. |)4- SQUARE TUBULAR STEEL CORNER AND TERMINAL POSTS WITH CAPS. $> SIff SQUARE PICKETS @ 4- O.C. £) FINISHED GRADE f) CONCRETE FOOTING - SLOPE TOP 1 % FOR DRAINAGE. ORNAMENTAL IRON VIEW FENCING CAN ALSO 12* * 18" DEEP FOR LINE POSTS. BE USED AS PRE-APPROVEO YARD FENCING BY 12- » 24' DEEP FOR CORNER POSTS PRIVATE OWNEa 5' HIGH TUBULAR STEEL VIEW FENCE SCALE: 1/2- - V-V 8) 2" SQUARE TUBULAR STEEL LINE POSTS WTTHSQUARE CAPS. NOTES: ALL METAL SHALL RECEIVE TWO (21 COATS OF •RUSTOLEUW FLAT BLACK PRWER FACTORY APPLIED. ih , / \ A- ®\ ®\ ®\ (^T^J I SSfff^MS) ij 2x6 TOPRAtt.. 3 IxBSLATS.J) 4* x f WOOD POST. USE AB TYPE POSTBASE FROM SIMPSON TIE. i) H 4 NAILER ON BOTH SIDES. 0 FINISH GRADE. ® CONCRETE FOOTING. SLOPE 1% FROM POST FOR DRAINAGE 12-x 18" DEEP FOR LINE POSTS. 12- x 24' DEEP FOR CORNER AND GATE POSTS NOTE: AH wood shafl M S4S Cedar. Appty wood stain - color » be setecttd by owner. 5' HIGH WOOD FENCE SCALE: 1/2*- V-O1 WALL/FENCE LEGEND ^^ VJ 5 HIGH CMU WALL - 8" TAN SPLIT FACE BLOCK SPLIT FACE ONBOTH SIDES CMU RETAINING WALLS - 7 TAN SPLITONE SIDE ONLY.FACE BLOCK. SPLIT FACE 5 HIGH TUBULAR STEEL VIEW FENCE s HIGH WOOD FENCE 3 HIGH WOOD GATE - SHOWN ONLY If TYPICAL LAYOUT TYPICAL INTERIOR LOT TYPICAL WALL/FENCE LAYOUT Notes:1 WaK/tsnce, house and driveway layouts shown aiaCONCEPTUAL AND TYPICAL ONLY. Layouts may be modifiedand revised during design development.2. WaH/ranca shall meet Cfty of Carlsbad Landscape ManualWan/fence final layout and details wrH Be reviowM andapproved by City of Carlsbad on separate permits sss. APPROVED FOR PLANTING AND IRRIGATION ONLY, INCLUDING PRECISE LOCATION OF PLANTING AREAS. REVISION DESCRIPTION 'AS BUILT' REVIEWED Bf- PLANKING DEPARTMENT Private Homeowner- Area coveredw/Reinforced • Plant Zones 1 and 3 are defined as lush and naturalizing/traditional landscape respecttvery per City ot Carlsbad Landscape Manual Appendix A.1 Area for Rtght-of-Way landscape is calculated as numbers of street tree multiplied by 40 sq.fl • All slopes 6:1 and greater, and less than 3 feet in vertical height where abutting street. All slopes 6:1 and greater, and less than 4 feet in vertical height where not abutting Total yearly water use: Total yearly allowable water use: 5,255 (80% of water required tor total planting area) All proposed HOA maintained areas will have reclaimed water irrigation system to accommodate future reclaimed water use. Reclaimed irrigation system shaM meet alregional/local water and health cedes, and City of Carlsbad landscape requirements in force at the time of final landscape approval including, but not li . of signage, tags, labels, colored irrigation pipe, and valve boxes to denote reclaimed 2 All proposed private homeowner maintained areas wiH have irrigation system serviced with potable water. Potable water irrigation system shall meet aH regional/local watercodes and City o( Carlsbad landscape requirements. 3 Irrigation system for both reclaimed and potable water shall have a. Matched and low precipitation rate irrigation nozzles. b- Sophisticated irrigation timer. new system at conclusion ol grading operations. 5. Irrigation shall avoid overspray and run-of!. All heads are to be adjusted la provide walkways or paving. have been limited to 11 % of total on-site landscape area,plantings incorporate moderate to low water use California friendly plantim of 3' of organic mulch shall be applied to aH planting areas where tree,•ubs. graundcover and turf are not provided. APPROVED FOR PLANTING AND IRRIGATION ONLY, INCLUDING PRECISE LOCATION OF PLANTING AREAS, CITY OF CARLSBAD I TER CONSERVATOR PLAN Fc*TABATA-10 /7C M-03/SUP Ofl-08/CDP 06- In response refer to: FWS/CDFG-SDG-09B0166-09TA0437 To: Corey Funk Associate Planner City of Carlsbad Dear Mr. Funk, The California Department of Fish and Game (Department) and the U.S. Fish and Wildlife Service (Service), hereafter collectively referred to as the Wildlife Agencies, have reviewed the Draft Mitigated Negative Declaration (DMND) for the Tabata 10 Project (SCH #2009011044), dated January 16, 2009, in the City of Carlsbad (City). The following comments and recommendations are based upon the information provided in the DMND, our knowledge of sensitive and declining vegetation communities in the County of San Diego; and our participation in regional conservation planning efforts, including the City's Habitat Management Plan (HMP). The primary concern and mandate of the Service is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Federal Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). The Department is a Trustee Agency and a Responsible Agency pursuant to the California Environmental Quality Act (CEQA), Sections 15386 and 15381, respectively. The Department is responsible for the conservation, protection, and management of the State's biological resources, including rare, threatened, and endangered plant and animal species, pursuant to the California Endangered Species Act (CESA), and administers the Natural Community Conservation Plan (NCCP) program. The City of Oceanside is currently a participant in the NCCP program through the preparation of its draft MHCP SAP. The Department also is responsible for the administration of the Streambed Alteration Agreement Program, which oversees potential threats to the State's wetlands resources. The Wildlife Agencies have the following comments and recommendations: 1. While the majority of the project site has been disturbed due to past agricultural operations, there is still concern that the Biological surveys completed for the project were conducted at a time of year (October 2007) when certain endangered/threatened species would not be detectable. In particular, we are concerned that the October surveys for the thread-leaved brodiaea (Brodieae filifolia), a state- endangered and federal-threatened plant species, would not have detected this species on the property if it was present. The Habitat Mapping Report for the project concludes that there is no potential for this species to occur on-site. We do not concur with this assessment. The area on-site mapped as non- native grassland is of particular concern. This species is known from the immediate area of the project site, and clay soils are present on the property. We request that appropriate surveys be conducted this coming spring on the property, especially, but not exclusively, within the non-native grasslands. Surveys for the vegetative component of the plant can be done in March-April, depending upon rainfall. Flowering brodiaea should be present by mid-May. The Fox-Miller (Salk) property along El Camino Real to the south of the property has a good population of Brodiaea, and can be used as a reference site for growth and flowering times of this species. If this species is found on the site then the requirements of the City's HMP require conservation of 80 percent of the population. This may affect the project design, so surveys should be completed before this project proceeds further in the environmental review process. 2. Removal of eucalyptus or other ornamental trees on the property, or off-site, should not be done during the breeding season (January 15-August 30), especially for raptor species, unless pre-removal surveys indicate that no nesting birds are present. This concludes our comments. If you have any questions please contact us at the phone numbers listed below. David Lawhead Staff Environmental Biologist CA Dept. of Fish and Game (858) 627-3997 Marci Koski, Ph.D. Fish and Wildlife Biologist U.S. Fish and Wildlife Service (760) 431-9440 \y\ May 14,2009 Greg Harrington P.O. Box 679, Carlsbad, CA 92018-0679 Reference: Results of a Focused Thread-leaf Brodiaea (Brodiaea fllifolia) and Orcutt's Brodiaea (Brodiaea orcuttii) Survey for the Tabata 10 Property Dear Mr. Harrington: This letter report summarizes the findings of a focused thread-leaf brodiaea (Brodiaea filifolia) and Orcutt's brodiaea (Brodiaea orcuttii) survey for the Tabata 10 property. The property is located within the City of Carlsbad, at the intersection of El Camino Real and Camino Hills Drive (Figure 1). Brodiaea typically occur in non-native grassland (NNG) located on clay soils. These conditions are known to occur throughout the Carlsbad area and to exist within the property boundary. Methodology The focused survey was conducted by Allegra Simmons (Assistant Biologist) within the property on April 9 and May 12, 2009, during the growing season for Brodiaea (March though June). The survey was conducted on foot, traversing all appropriate habitat (survey area) within the property. The top of the onsite hill located in the northern portion of the site was not surveyed as it consists of development associated with an abandoned home (Photograph 1). However, the slopes of the hill were surveyed as they are vegetated by mowed NNG. Favorable environmental conditions were encountered during the survey (Table 1). Site photographs are located in Appendix A. Results A focused survey for Brodiaea was conducted within all NNG habitat located on the property (Figure 2). Areas associated with development were not covered as part of the survey effort. Onsite vegetation is sparse as the entire property has been disced within the past growing season (Photograph 2). The property consists primarily of weedy vegetation (Photograph 3). Indicators within the NNG vegetation include: black mustard (Brassica nigra), storksbill (Erodium cicutarium), bristly oxtongue (Picris echioides), stinging nettle (Urtica dioica), Bermuda grass (Cynodon dactylon), and wild oat (Avenafatua). Although the property supports clay soils (Altamont and Salinas clays) and NNG, neither thread-leaved or Orcutt's brodiaea were detected within the property (Photograph 4). In addition, Brodiaea corms were not observed or detected within 8690 Balboa Avenue 858-712-8400 HDR Engineering, Inc. Suite 200 858-712-8333 (fax) San Diego, CA 92123 Mr. Harrington May 14,2009 Page 2 the property. Any potential Brodiaea occurring within the survey area would have been readily identifiable at the time of the survey. Table 1. Survey Dates and Weather Conditions > 1 \ Survey I ! Dates ; Time I 04/00/7000 i OQ4S-1190 * Percent Cloud Cover Start Stop 60% rlnnH 60% Hnnr i Temperature j Start Stop 1 i fi?°F : 70°F Winds 0-9 mnh cover cover 05/12/2009 0945-1050 100% cloud 100% cloud 68°F 70°F 0-2 mph i cover : cover ; Conclusion Brodiaea were not observed within the property during the 2009 survey. In addition, Brodiaea corms would have been detected as a result of recent discing but were not observed. Absence of these species may be attributed to the discing activities within the last growing season. If you have any questions or concerns, please do not hesitate to contact us. Sincerely, HDR Engineering, Inc. Shannon Shea Senior Biologist Attachments Allegra Simmons Assistant Biologist HDREnginoering.Inc, \w Regional & Vicinity Map FIGURE 1 ONI: COMPANY iAA/Greg Harrington | Tabata 10 | Focused Brodiaf K3X ONK COMPANY | Man\ St,!t<tior.s BP^ w^imk^spBEST Survey Route FIGURE 2 GregHamngton | TabatalO | Focused Brodiaea Survey Letter Report APPENDIX A Site Photographs Photograph 1. Northwesterly view of representative Brodiaea habitat in foreground and abandoned home in background. Photograph 2. Southeasterly view of disced property taken from atop onsite hill. HDR Engineering, Inc. Photograph 3. Southerly view of property, living vegetation occurs primarily along the perimeter. Photograph 4. Example of clay soils located on the project site. HDR Engineering, Inc. Corey Funk From: David Lawhead [DLawhead@dfg.ca.gov] Sent: Thursday, June 11, 2009 8:57 AM To: Corey Funk Subject: Re: Response to Tabata 10 Project - Comments Corey, Thank you for following up on my comments on the Tabat 10 project. With the negative results of the thread-leaved brodiaea survey, and the inclusion of a requirement for a pre-tree removal nesting survey in the final MND, I am satisfied that the Tabat 10 project is consistent with the City's HMP and have no objections to the project proceeding. Dave David Lawhead Staff Environmental Scientist CA Dept. of Fish and Game South Coast Region 4949 Viewridge Ave. San Diego, CA 92123 (858) 627-3997 >» Corey Funk <Corey.FunkQcarlsbadca.gov> 6/10/2009 5:17 PM >» David, Regarding FWS/CDFG-SDG-09B0166-09TA0437 In response to comment 1, a focused thread-leaf brodiaea survey was performed in April and May 2009 to address the concerns of CDFG. No evidence of the species was found on the property (see attached). In response to comment 2, a mitigation measure is included with the project to require pre- tree removal surveys for nesting birds during bird breeding season. I hope these responses are helpful and am currently preparing the project for a Planning Commission hearing on Duly 15, 2009. Please feel free to contact me if you have further questions. Thanks, Corey Corey Funk, AICP Associate Planner City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 corev.funkOcarlsbadca.gov (760) 602-4645 (760) 602-8559 fax [cid:image001.pngQ01C9E9EE.DC5C89301 EXHIBIT 6 City of Carlsbad 1200 Carlsbad Village Drive Planning Commission Public Hearing 6:00 P.M. Wed July 15,2009. "Tabata 10"development project My name is John Peacock, My address in 2306 Lanyard Place in Carlsbad.. Phone 619 925 0337 I am a homeowner and the committee member for Architectural and Landscape projects in the HOA called "Eagle Canyon at Evans Point", a community of 29 single family homes that is adjacent to the property identified (in short terms) by the City of Carlsbad as "Tabata 10" I would like to submit the comments/concerns of the Eagle Canyon HOA regarding the development of the property at the north-east end of Camino Hills Drive along the west side of El Camino Real. Referred to in this document as the "Tabata Property". It is understood that the the Tabata Property (when completed) will include twenty-six (26) single-family residential lots and one (1) open space lot. Eagle Canyon HOA recognizes tile development of the Tabata Property but is duly concerned about the amount of storm runoff and debris that will flow from the Tabata Property into the de- silting basin( Lot 32 of Eagle Canyon property), located at the corner of Jackspar and El Camino Real, primarily during the construction period.. The Tabata property is currently farmland, The property originally consisted of a single family home on over 10 acres.( Very little runoff occurred during the farming period). A portion of the runoff from the Tabata Property currently runs through the Eagle Canyon Property starting at a drain inlet (identified as a Type "B" inlet) on the north side of Camino Hills Road. The drain runs under the service road on the south side of the Eagle Canyon development then runs east on Jackspar to the corner of Jackspar and Forecastle, then finally drains into the de-silting basin known as " Lot 32 of the Eagle Canyon Development". (A detailed map of the area is available for review) Additionally, some runoff from the Tabata Property travels north on El Camino Real to the Jackspar Basin, (more so during heavy rains) With the introduction of grading, streets, building of earthen berms. and finally construction of homes, runoff from the Tabata Property into the Jackspar De-silting Basin will definitely increase. Eagle Canyon HOA is requesting that the City of Carlsbad ask the developer of the Tabata Property to voluntarily participate in the periodic cleaning of the Jackspar Basin during the construction period. Thank You As a followup, I would like to add that It has been determined that runoff in various quantities flows into the de-silting basin (Lot 32 of Eagle Canyon) via some of the drains on Camino Hills Drive from the following properties: As follows: The recreation field at Faraday and Camino Hills Drive, (City of Carlsbad property) The Camino Hills Senior Homes on Camino Hills Drive. And The Tabata Project. EXHIBIT 7 To: City of Carlsbad, Planning Department From: Homeowners Merwyn O. Faiman & Mary Alice Brendle. 5418 Browning Road, Carlsbad, CA 92008-7102 Question: How can you even consider authorizing the permit to allow the building of an additional 26 homes while we are having sever water problems. We are restricted in when we can water our landscaping. We are encouraged to limit our house water usage. Please carefully evaluate what this development will have on our city water supply. EXHIBIT 8Planning Commission Minutes July 15,2009 Page 9 4. GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 - TAB ATA 10 - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Local Coastal Program Amendment and Zone Change; and a request for approval of a Tentative Tract Map, Special Use Permit, Hillside Development Permit and Coastal Development Permit for the subdivision, grading and utility development of a 10.16-acre site into twenty six (26) single-family residential lots and one (1) open space lot, on property generally located at the north-east end of Camino Hills Drive along the west side of El Camino Real within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 24. Mr. Neu introduced Agenda Item 4 and stated Associate Planner Corey Funk would make the staff presentation assisted by Senior Civil Engineer Glen Van Peski. Chairperson Montgomery opened the public hearing on Agenda Item 4. Mr. Funk gave a detailed presentation and stated he would be available to answer any questions. Chairperson Montgomery asked if there were any questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Tyler Lawson, 535 North Highway 101, Solana Beach, gave a brief presentation and stated he would be available to answer any questions. Mr. Lawson asked for clarification regarding Conditions No. 60 and 61 Resolution No. 6605 which pertain to his understanding that the project is to have reclaimed water on site, but not bring it to the site. Mr. Van Peski stated those are standard conditions so that the irrigation for the common area will be designed for and will use reclaimed water when it becomes available for this project. Chairperson Montgomery opened public testimony. John Peacock, 2306 Lanyard Place, Carlsbad, submitted and read a letter stating the drainage concerns of the Eagle Canyon at Evans Point HOA. Bud Falkenborg, 5408 Browning Rd, Carlsbad, is concerned about the height of the proposed homes as well as traffic and water. Commissioner Baker asked if landscaping would help resolve any issues. Mr. Falkenborg stated he was not sure but it could be helpful. Paula Worsted, 2283 Lindsay Drive, Carlsbad, would like to know about dust control, the time of the construction and if there are limits to construction hours, wants reassurance that consideration of the adjacent neighbors would be taken care of. Chairperson Montgomery asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony and asked Staff to respond. Mr. Van Peski addressed the concerns about drainage and stated the runoff will be less than what there is now because after construction none of the Tabata site will drain toward Eagle Canyon. Commissioner Nygaard asked who the question would be referred to if there are issues during construction. Mr. Van Peski stated he could help answer those questions. There are standard construction hours and practices that will be in place such as dust control and noise. Mr. Funk stated that in regards to landscaping there will be additional tree plantings which will grow to anywhere between 15 and 30 feet in height. Planning Commission Minutes July 15,2009 Page 10 Commissioner Boddy asked how big the trees will be when they are planted. Mr. Funk stated he did not know the height but the trees will be standard 15 gallon trees and further stated he could work with the landscape architect to select trees that are fast growing and that would provide a larger canopy. Commissioner Nygaard stated there will be 5 single story homes proposed on the project and asked if there is a way to have one of those homes placed on the lot in front of Mr. Falkenborg's lot. Mr. Funk stated it is within the Commission's purview to ask the applicant to put one of the single story homes on that lot; however it may beneficial to look at the site plan as a whole when a future Coastal Development Permit and Special Use Permit are processed for the homes with regards to placement of single story units. Commissioner L'Heureux stated there seerns to be a problem with the first 3 lots (11, 12 and 13). Mr. Funk stated he has asked the applicant's landscape architect to increase the amount of landscaping in that area. Commissioner L'Heureux asked if it would be appropriate to add a condition regarding additional landscaping in that area. Mr. Neu stated that if the Commission can structure what the issue is, it can be added to the landscape plan condition. Commissioner Dominguez asked if Lot 13 would be the lot with the biggest problem in regards to screening. Mr. Funk stated no and directed the Commission's attention to indicate which lots would be most impacted. Commissioner L'Heureux asked about an emergency access on El Camino Real. Mr. Van Peski stated that Staff did discuss this issue with the Fire Marshal who did not see the need for emergency access because the Fire Code will be changing to require all homes to be sprinklered and because there are three exit points once you get to the intersection. Mr. Funk stated that the washing of the homes, as discussed by Ms. Worstell, would be considered a private arrangement between the Camino Hills Association and the project applicant. Mr. Van Peski stated that due to the traffic volumes generated by the project, there would not be a need for a traffic control plan for the project. Planning Commission Minutes July 15, 2009 Page 11 MOTION ACTION: Motion by Commissioner Douglas, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6601 recommending adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and adopt Planning Commission Resolutions No. 6602, 6603, and 6604 recommending approval of General Plan Amendment GPA 06-04, Local Coastal Program Amendment LCPA 06-02, and Zone Change ZC 06-03, and adopt Planning Commission Resolutions No. 6605, 6606, 6607, and 6608 approving Tentative Tract Map CT 06-13, Special Use Permit SUP 06-08, Hillside Development Permit HDP 07-03 and Coastal Development Permit CDP 06-19, based on the findings and subject to the conditions contained therein including the following sentence added to Resolution No. 6605, Condition No. 16, "The landscape plan shall include trees, shrubs, and/or vines of a size and variety that will provide privacy for the Camino Hills development occupants adjacent to lots 11, 12, and 13" of the Tabata 10 development." VOTE: 7-0 AYES: Chairperson Montgomery, Commissioner Baker, Commissioner Boddy, Commissioner Dominguez, Commissioner Douglas, Commissioner Nygaard and Commissioner L'Heureux NOES: None ABSENT: None ABSTAIN: None Chairperson Montgomery closed the public hearing on Agenda Item 4 and asked Mr. Neu to introduce the next item. 5. ZCA 06-02/LCPA 06-04 - ADULT BUSINESSES ORDINANCE - Staff requests that the Planning Commission recommend to City Council approval of a Zone Code Amendment and Local Coastal Program Amendment to amend Title 21 of the Carlsbad Municipal Code by: 1) amending Chapter 21.06 to exempt adult businesses from Chapter 21.06 (Q Qualified Development Overlay Zone); 2) amending Chapters 21.30, 21.32 and 21.34 to add adult businesses to the list of permitted uses in Chapters 21.30 (C-M Heavy Commercial—Limited Industrial Zone), 21.32 (M Industrial Zone, and 21.34 (P-M Planned Industrial Zone); 3) repealing and reenacting Chapter 21.43 (Adult Entertainment) to amend the definitions and location requirements for adult businesses; and 4) amending Chapter 21.44 (Parking) by revising the joint use parking provisions. Mr. Neu introduced Agenda Item 5 and stated Associate Planner Kevin Pointer would make the staff presentation assisted by outside legal counsel Deborah Fox. Chairperson Montgomery opened the public hearing on Agenda Item 5. Mr. Pointer and Ms. Fox gave a detailed presentation and stated they would be available to answer any questions. Chairperson Montgomery asked if there were any questions of Staff. Seeing none, he asked if there were any members of the audience who wished to speak on the item. Seeing none, Chairperson Montgomery opened and closed public testimony. Chairperson Montgomery asked how the 1,000 foot radius is established and how it is determined to be an allowable amount. Ms. Fox stated that it is based in case law and it is measured from the property line. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, September 15, 2009, to consider a General Plan Amendment, Local Coastal Program Amendment and Zone Change for the subdivision, grading and utility development of a 10.16-acre site into twenty six (26) single-family residential lots and one (1) open space lot, on property generally located at the north-east end of Camino Hills Drive along the west side of El Camino Real within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 24 and more particularly described as: Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the City of Carlsbad, County of San Diego, State of California Rec. March 21, 1974 in the Office of the County Recorder of said San Diego County Whereas, on July 15, 2009 the City of Carlsbad Planning Commission voted 7-0 to recommend adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; recommend approval for a General Plan Amendment, Local Coastal Program Amendment and Zone Change; and approved a Tentative Tract Map, Special Use Permit, Hillside Development Permit and Coastal Development Permit for the subdivision, grading and utility development of a 10.16-acre site into twenty six (26) single-family residential lots and one (1) open space lot, on property generally located at the north-east end of Camino Hills Drive along the west side of El Camino Real. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after September 11, 2009. If you have any questions, please call Corey Funk in the Planning Department at (760) 602-4645. If you challenge the General Plan Amendment, Local Coastal Program Amendment, and/or Zone Change in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 06-04/LCPA 06-02/ZC 06-03 CASE NAME: TABATA10 PUBLISH: September 5, 2009 CITY OF CARLSBAD CITY COUNCIL i NOT TO SCALE SITE MAP Tabata 10 GPA 06-04/ LCPA 06-02 / ZC 06-03 CURRENT RESIDENT 5406 Browning Road Carlsbad, CA 92008-7101 CURRENT RESIDENT 2308 Bryant Drive Carlsbad, CA 92008-7106 CURRENT RESIDENT 5412 Browning Road Carlsbad, CA 92008-7101 CURRENT RESIDENT 2314 Bryant Drive Carlsbad, CA 92008-7106 CURRENT RESIDENT 5418 Browning Road Carlsbad, CA 92008-7102 CURRENT RESIDENT 5416 Spencer Lane Carlsbad, CA 92008-7117 CURRENT RESIDENT 5424 Browning Road Carlsbad, CA 92008-7102 CURRENT RESIDENT 5410 Browning Road Carlsbad, CA 92008-7101 CURRENT RESIDENT 2306 Bryant Drive Carlsbad, CA 92008-7106 CURRENT RESIDENT 5416 Browning Road Carlsbad, CA 92008-7102 CURRENT RESIDENT 2312 Bryant Drive Carlsbad, CA 92008-7106 CURRENT RESIDENT 5422 Browning Road Carlsbad, CA 92008-7102 CURRENT RESIDENT 2318 Bryant Drive Carlsbad, CA 92008-7106 CURRENT RESIDENT 2304 Bryant Drive Carlsbad, CA 92008-7106 CURRENT RESIDENT 5408 Browning Road Carlsbad, CA 92008-7101 CURRENT RESIDENT 2310 Bryant Drive Carlsbad, CA 92008-7106 CURRENT RESIDENT 5414 Browning Road Carlsbad, CA 92008-7101 CURRENT RESIDENT 2302 Bryant Drive Carlsbad CA 92008-7106 |aa<] Aseg joj jaded ®091S 31VUIN31 ®^^f ™(\ a||jna e| }uauia6.ieip ap suas T 3)091.5 ®AH3AV )ueqe6 J3|ad e sajpej sauanbU BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENT OCA 95825 BUSINESS, TRANS & HSG AGENCY STE2450 980 NINTH ST SACRAMENTO CA 95814 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF DEFENSE LOS ANGELES DIST ENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZDR ARLINGTON TX 760114005 DEPT OF ENERGY STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPT OF FISH & GAME ENVSERVDIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220NST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV 600 HARRISON ST SAN FRANCISCO CA 94107 DEPT OF JUSTICE DEPT OF ATTY GEN RM700 110 WEST AST SAN DIEGO CA 92101 DEPT OF TRANSPORTATION RM 5504 1120NST SACRAMENTO CA 95814 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOSALAMITOSCA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1STINTLPLZ401BST SAN DIEGO CA 92101 SD COUNTY PLANNING & LAND USE DEPT STE B-5 5201 RUFFIN RD SAN DIEGO CA 92123 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 STATE LANDS COMMISSION STE 1005 100 HO WE A V SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET STFL 17 SAN FRANCISCO CA 94103 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION MID PACIFIC REG 2800 COTTAGE WY SACRAMENTO CA 95825 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 GST DAVIS CA 95606 WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 Tii |aad Asej joj uorpiu)su| aa$ jadej paajT T ! ®091S siaaei Asea a||maj.jajad B s CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AV SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER SCOTT MOLLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Yajrueaj |33,j Aseg joj ) aas ®091S 31V1dl/\l31 ®AJ3AV asfi Aseg 091-8/09 tSa/>J8AV39AB aiqueduioo uiiu /g x uiui szieuuoj 0919/091SS, AJ8AV Ml!« aiqiiedmoo ,,g/s g x „ (. ezjs |aqei CURRENT RESIDENT 5406 BROWNING RD CARLSBAD, CA>B2008-7101 CURRENT RESIDENT 5408 BROWNING RD CARLSBAD, CA 92008-7101 CURRENTNRESIDENT 5410 BROWNING RD CARLSBAD, CA 92008-7101 CURRENT RESIDENT 5412 BROWNING RrN CARLSBAD, CA 92008-7101 CURRENT RESIDENT 5414 BROWNING RD CARLSBAD, CA 92008-7101 CURRENT RESIDENT 5416 BROWNING RD CARLSBAD. CA 92008-7102 CURRENT RESIDENT 5418 BROWNING\RD CARLSBAD, CA 921908-7102 CURRENT RESIDENT 5420 BROWNING RD CARLSBAD, CA 92008-7102 CURRENTxRE SIDENT 5422 BROWJi^JG RD CARLSBAD, CA 92008-7102 CURRENT RESIDENT 5424 BROWNrNG RD CARLSBAD, CA 92008-7102 CURRENTvRESIDENT 2302 BRYANT DR CARLSBAD,\CA 92008-7106 CURRENT RESIDENT 2304 BRYANT DR CARLSBAD/X^ 92008-7106 CURRENT RESIDENT 2306 BRYAwV DR CARLSBAD, CA\£2008-7106 CURRENTS RESIDENT 2308 BRYANT DR CARLSBAD,\iA 92008-7106 CURRENT RESIDENT 2310 BfcYANT DR CARLSBADS CA 92008-7106 CURRENT RESSIDENT 2312 BRYANT\PR CARLSBAD, CA >2008-7106 CURRENT RESIDENT 2314 BRYANT DR CARLSBAD\ CA 92008-7106 CURRENT RESIDENT 2316 BRYANT DR CARLSBAD, CA 92008-7106 CURRENT RESIDENT 2318 BRYANT DR CARLSBADN£A 92008-7106 CURRENT RESIDENT 5416 SPENCER LN CARLSBAD\CA 92008-7117 CURRENT RESIDENT 2349 LONGFELLOW RD CARLSBAD, CA 92008-3830 CURRENT RESIDENT 2342 LONGFELLOW RD CARLSBAD, CA 92008-3829 CURRENT RESIDENT 2338 LONGFELLOW RD CARLSBAD, CA 92008-3829 CURRENT RESIDENT 5345 FORECASTLE CT CARLSBAD, CA 92008-3826 CURRENT RESIDENT 5349 FORECASTLE CT CARLSBAD, CA 92008-3826 CURRENT RESIDENT 5353 FORECASTLE CT CARLSBAD, CA 92008-3826 CURRENT RESIDENT 5352 FORECASTLE CT CARLSBAD, CA 92008-3824 CURRENT RESIDENT 5348 FORECASTLE CT CARLSBAD, CA 92008-3824 STAPLES CURRENT RESIDENT 5380 EL CAMINO REAL CARLSBAD, CA 92008-7120 CURRENT RESIDENT 2770 SUNNY CREEK RD CARLSBAD, CA 92010-7134 label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiquette de format 25 mm x 67 rnm compatible avec Averv®5160/fllfin 091-8/09 LSsAiSAvaaAB eiqpdiuoo luui ^9 x uiui gg ieuuoj ap 0918/0919® &SAV iffi« 9|qm3duioo ,^/g z x „ (. ezjs |8qe| DAVID S & DON HAN 2326 LONGFELLOW RD CARLSBAD, CA 92008-3829 RUSLING LOIS A *M* 2322 LONGFELLOW RD CARLSBAD, CA 92008-3829 ARNOLD L & JANICE RHEINGOLD 2318 LONGFELLOW RD CARLSBAD, CA 92008-3829 MICHAEL & ELAN MCMAHAN 2314 LONGFELLOW RD CARLSBAD, CA 92008-3829 JAMES & MARY RYAN 5315 FORECASTLE CT CARLSBAD, CA 92008-3826 WILLIAM A & JUNE DIVINE 5319 FORECASTLE CT CARLSBAD, CA 92008-3826 JANE H WELLAND 5325 FORECASTLE CT CARLSBAD, CA 92008-3826 JAY & VICKY BERGAMINI 5329 FORECASTLE CT CARLSBAD, CA 92008-3826 TERRY B & PATRICIA PARSONS 5333 FORECASTLE CT CARLSBAD, CA 92008-3826 MICHAEL D & LINDA THOMPSON 5337 FORECASTLE CT CARLSBAD, CA 92008-3826 BRIAN A & THERESA SALA *B* 5341 FORECASTLE CT CARLSBAD, CA 92008-3826 MAZEN M & SARWAT SULEIMAN 5345 FORECASTLE CT CARLSBAD, CA 92008-3826 H S BONENBERGER *B*RAMONA T HARDESTY BRUCE W & DENISE TILLMAN 5349 FORECASTLE CT CARLSBAD, CA 92008-3826 5353 FORECASTLE CT CARLSBAD, CA 92008-3826 5352 FORECASTLE CT CARLSBAD, CA 92008-3824 TIMOTHY F & JULIE HYNES 5348 FORECASTLE CT CARLSBAD, CA 92008-3824 WILLIAM K & JOANN SWEENEY 5342 FORECASTLE CT CARLSBAD, CA 92008-3824 THOMAS N & PATTI TARANTINO 5338 FORECASTLE CT CARLSBAD, CA 92008-3824 ROBERT & PAULA RICHMOND 5332 FORECASTLE CT CARLSBAD, CA 92008-3824 RESIDENCE BJK 5328 FORECASTLE CT CARLSBAD, CA 92008-3824 MICHAEL & LAURI HUTCHENS 2305 LANYARD PL CARLSBAD, CA 92008-3828 ROBERT F & JANET SCEFONAS JOHN A PEACOCK DOUGLAS HENKEL 2309 LANYARD PL CARLSBAD, CA 92008-3828 2306 LANYARD PL CARLSBAD, CA 92008-3828 2302 LANYARD PL CARLSBAD, CA 92008-3828 PATRICK W & KAMI PAPA RUSTIN & BELINDA JOHNSON KYLE J WOOD 5320 FORECASTLE CT CARLSBAD, CA 92008-3800 5316 FORECASTLE CT CARLSBAD, CA 92008-3800 5312 FORECASTLE CT CARLSBAD, CA 92008-3800 ISOKAZU TABATA GRIFFIN CAPITAL CARLSBAD POII NOAH BOWMAN 4929 PARK DR CARLSBAD, CA 92008-3825' 1600 FARADAY AVE CARLSBAD, CA 92008-7313 5380 EL CAMINO REAL CARLSBAD, CA 92008-7120 STAPtES iabel size 1" x 2 5/8" compatible with Avery *5160/8160 Etiquette de format 25 mm x 67 mm comDatible aver: Aven^ifin/men 091-8/09 L9</i8AV 09AE a|q!;edujoo miu £9 x tuiu gg IBW.IOJ ap ajjanbjjp 09L8/0919® A-I9AV i#!M aiqpdiuoo ,.8/g Z x „ t azjs |aqB| WEINBAUM 5416 KIPLING LN CARLSBAD, CA 92008-7110 DESIREE E KAYE 5418 KIPLING LN CARLSBAD, CA 92008-7110 ROBERT J & LULA DICKEY 5422 KIPLING LN CARLSBAD, CA 92008-7110 THOMAS G & MADONNA SNELSON 5424 KIPLING LN CARLSBAD, CA 92008-7110 SECKELMANN 5426 KIPLING LN CARLSBAD, CA 92008-7110 CHERESKIN 5428 KIPLING LN CARLSBAD, CA 92008-7110 VIRGINIA A HALL 5427 KIPLING LN CARLSBAD, CA 92008-7110 GOODWIN 5423 KIPLING LN CARLSBAD, CA 92008-7110 JOSEPH R & MARTHA MATTHEWS 5421 KIPLING LN CARLSBAD, CA 92008-7110 ROBERT 0 & JOYCE WAYCHOFF 5419 KIPLING LN CARLSBAD, CA 92008-7110 ROBERT R & JANET JORGENSEN 5417 KIPLING LN CARLSBAD, CA 92008-7110 KERCKHOFF 5249 SHELLEY PL CARLSBAD, CA 92008-3851 DEGOUR 5240 SHELLEY PL CARLSBAD, CA 92008-3851 GARY A & SHERYL REINER 5238 SHELLEY PL CARLSBAD, CA 92008-3851 KRISHNA G SINGH 5234 SHELLEY PL CARLSBAD, CA 92008-3851 ABDULLA 5230 SHELLEY PL CARLSBAD, CA 92008-3851 BARBARA BARKER 5226 SHELLEY PL CARLSBAD, CA 92008-3851 WISSMAN 5222 SHELLEY PL CARLSBAD, CA 92008-3851 ERSKINE ADAM 2321 LONGFELLOW RD CARLSBAD, CA 92008-3830 LELAND & ANNE GEILER 2325 LONGFELLOW RD CARLSBAD, CA 92008-3830 PAUL F & ALYCE DEGRASSE 2329 LONGFELLOW RD CARLSBAD, CA 92008-3830 PATRICK & TRANG NGUYEN 2333 LONGFELLOW RD CARLSBAD, CA 92008-3830 OKUN FAMILY 2337 LONGFELLOW RD CARLSBAD, CA 92008-3830 ROBERT W & ELENA REILLY 2341 LONGFELLOW RD CARLSBAD, CA 92008-3830 LANG 2345 LONGFELLOW RD CARLSBAD, CA 92008-3830 PRUDENCE SWEENEY 2349 LONGFELLOW RD CARLSBAD, CA 92008-3830 JAMES R & DEANA ROSELL 2342 LONGFELLOW RD CARLSBAD, CA 92008-3829 ROBERT J & CHELSEA MORRIS 2338 LONGFELLOW RD CARLSBAD, CA 92008-3829 STAPLES WAYNE W & JOANN WADDELL *M* 2334 LONGFELLOW RD CARLSBAD, CA 92008-3829 PICHA-KOSTRO 2330 LONGFELLOW RD CARLSBAD, CA 92008-3829 label size 1" x 2 5/8" compatible with Avery 'S5160/8160 etiquette de format 25 mm x 67 mm compatible avec Averv®5160/8160 { ap u;je ajnipei) BJ e za||day apsuas T @09LS ®AH3AV lueqe6 ja|ad f sajpej sananb! DENNIS L HILNER 2290 LINDSAY DR CARLSBAD, CA 92008-7111 TURNER 2292 LINDSAY DR CARLSBAD, CA 92008-7111 EUGENE S & LYNN MCCARTNEY 2298 LINDSAY DR CARLSBAD, CA 92008-7111 JOHN E BAUER DOLORES H HUBIK *B*REY 2299 LINDSAY DR CARLSBAD, CA 92008-7113 2297 LINDSAY DR CARLSBAD, CA 92008-7113 2295 LINDSAY DR CARLSBAD, CA 92008-7113 VANTASSEL, 2293 LINDSAY DR CARLSBAD, CA 92008-7113 ROBERT R & JEAN FRICHTEL 2291 LINDSAY DR CARLSBAD, CA 92008-7113 TOM M MASSEY 2289 LINDSAY DR CARLSBAD, CA 92008-7113 SCHEERER 2287 LINDSAY DR CARLSBAD, CA 92008-7113 JOHN J & MARY CALLISTO 2280 BRYANT DR CARLSBAD, CA 92008-7108 RAYMOND T & CAROL HOLLAND 2286 BRYANT DR CARLSBAD, CA 92008-7108 JOYCE T THISSELL BERT ROGERS LAWRENCE PROFETA 2288 BRYANT DR CARLSBAD, CA 92008-7108 2292 BRYANT DR CARLSBAD, CA 92008-7108 2296 BRYANT DR CARLSBAD, CA 92008-7108 ESTHER R SCHARF MANUEL SOLANA EDNA M CURTIS 5427 BROWNING RD CARLSBAD, CA 92008-7103 5425 BROWNING RD CARLSBAD, CA 92008-7103 5423 BROWNING RD CARLSBAD, CA 92008-7103 PENN J & SHARON DECKING MICHAEL L MCMILLAN NERI 5421 BROWNING RD CARLSBAD, CA 92008-7103 2297 SAWYER LN CARLSBAD, CA 92008-7116 2295 SAWYER LN CARLSBAD, CA 92008-7116 TURNER MILDRED D CRANE *M*JAMES OCONNOR 2299 BRYANT DR CARLSBAD, CA 92008-7105 2297 BRYANT DR CARLSBAD, CA 92008-7105 2295 BRYANT DR CARLSBAD, CA 92008-7105 TOM M & DIANE GHEZZI THOMAS & ALICE FOSTER *M*MARTIN 2293 BRYANT DR CARLSBAD, CA 92008-7105 2289 BRYANT DR CARLSBAD, CA 92008-7105 2287 BRYANT DR T CARLSBAD, CA 92008-7105 JOSEPH JONAK 2285 BRYANT DR CARLSBAD, CA 92008-7105 GARY & MARIANNE HOPPER 2283 BRYANT DR CARLSBAD, CA 92008-7105 [ W1a6pa dn-dod asodxa i o) aui| 6uo|e puag jaded v LOUIE T & ANGELITA PEREZ 2281 BRYANT DR CARLSBAD, CA 92008-7105 r ®091S 3; 0919/09 ISaA^V 39AB aiqfteduioo uJiu /g x iuui gz IBUJJOJ 8p auanbjjp 0918/0919® *J3«V WM 8|q»ediuoo ,,9/9 2 x a az|s |3qe| BEULAH M TRIMMER 733 PLANTATION ESTATES DR Cl( MATTHEWS, NC 28105-6551 KENNETH V MEAD 5212 FOREST BROOK PKWY MARIETTA, GA 30068-2832 ELWOOD JEROME PO BOX 14229 ATLANTA, GA 30324-1229 LINDA J GRIST 323 W KENNEDY DR STREAMWOOD, IL 60107-1154 BRAD 0 & MARTIN FOSTER 106 CELEBRATION CV 222 BRANSON, MO 65616-7983 WAL-MART STORES INC 1301 SE 10TH ST BENTONVILLE, AR 72716-0001 RICHARD B & BONNIE CAMPBELL 16356 E DORADO AVE CENTENNIAL, CO 80015-4060 R P H INDUSTRIAL L L C PO BOX 4900 SCOTTSDALE, AZ 85261-4900 LINDA B HAINES 4518 DUNROBIN AVE LAKEWOOD, CA 90713 VOORS *B* 408 OAK L.N SAN GABRIEL, CA 91775-2216 ENVIRONMENTAL PO BOX 4317 LA MESA, CA 91944-4317 CAMINO HILLS HOMEOWNERS ASSN 2945 HARDING ST 108 CARLSBAD, CA 92008-1818 WILLIAM R & FRANCES FOLTZ 3364 SEACREST DR CARLSBAD, CA 92008-2035 ROBIN H JANSEN 2588 EL CAMINO REAL F CARLSBAD, CA 92008-1212 MARGARET J SINCLAIR 2284 MORGAN RD CARLSBAD, CA 92008-7114 LINDA R ROBERTS 2286 MORGAN RD CARLSBAD, CA 92008-7114 ANGEL G & CONNIE TIRONA 2292 MORGAN RD CARLSBAD, CA 92008-7114 ARGELANDERHARING 2294 MORGAN RD CARLSBAD, CA 92008-7114 GALVAN 2296 MORGAN RD CARLSBAD, CA 92008-7114 JOSEPH & ALICE SCOTT 2298 MORGAN RD CARLSBAD, CA 92008-7114 SUMTER 2299 MORGAN RD CARLSBAD, CA 92008-7115 GOMEZ 2297 MORGAN RD CARLSBAD, CA 92008-7115 PEAKE 2295 MORGAN RD CARLSBAD, CA 92008-7115 RICHARD & KAROL LEE 2293 MORGAN RD CARLSBAD, CA 92008-7115 JANICE KASSNER 2291 MORGAN RD CARLSBAD, CA 92008-7115 REGINALD & DOREEN DAWES 2289 MORGAN RD CARLSBAD, CA 92008-7115 PETER J & SONJA PLAMBECK 2287 MORGAN RD CARLSBAD, CA 92008-7115 DORINA POITNER WILLDEN JAMES J VIGILANTE *M* 2285 MORGAN RD CARLSBAD, CA 92008-7115 STAPLES 2286 LINDSAY DR CARLSBAD, CA 92008-7111 2288 LINDSAY DR T CARLSBAD, CA 92008-7111 label size 1" x 2 5/8" compatible with Avery ^5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Averv^SI 60/81 fin aiq^eduioo ujtu zg x uiiu gz JBUJJOJ 0918/09 IS® A"JaA\/ HUM aiqijediuoo (1g/g 3 x „(. azjs |aqe| ARMSTRONG *B* 2285 LINDSAY DR CARLSBAD, CA 92008-7112 ANITA ORIORDAN 5406 BROWNING RD CARLSBAD, CA 92008-7101 FALKENBORG 5408 BROWNING RD CARLSBAD, CA 92008-7101 ZIMMERMAN 1990 5410 BROWNING RD CARLSBAD, CA 92008-7101 JUNE R KELLY 5412 BROWNING RD CARLSBAD, CA 92008-7101 HENRY L & KATHARINE HAYNES 5414 BROWNING RD CARLSBAD, CA 92008-7101 JOANNA J VIDITO 5416 BROWNING RD CARLSBAD, CA 92008-7102 MERWYN FAIMAN 5418 BROWNING RD CARLSBAD, CA 92008-7102 WILLIAM R & ELIZABETH SAGE 5422 BROWNING RD CARLSBAD, CA 92008-7102 ROBERT KELLEY 5424 BROWNING RD CARLSBAD, CA 92008-7102 E A WOLFF 2302 BRYANT DR CARLSBAD, CA 92008-7106 BENJAMIN D & SUSAN GRIFFITH 2304 BRYANT DR CARLSBAD, CA 92008-7106 WILLIAM C & JOAN HOOPER 2306 BRYANT DR CARLSBAD, CA 92008-7106 MARIAN M MOLINARE 2308 BRYANT DR CARLSBAD, CA 92008-7106 RAMON & MERCEDES UBIETA 2310 BRYANT DR CARLSBAD, CA 92008-7106 KATHRYN J CURTIS *M* 2312 BRYANT DR CARLSBAD, CA 92008-7106 BRAWNER 1993 2314 BRYANT DR CARLSBAD, CA 92008-7106 ADELE M COXON 2318 BRYANT DR CARLSBAD, CA 92008-7106 CAROLE WHITCHER 5416 SPENCER LN CARLSBAD, CA 92008-7117 MICHAEL & LYNETTE PERRY 5418 SPENCER LN CARLSBAD, CA 92008-7117 MARTIN M & HELEN SCHREIBER 5420 SPENCER LN CARLSBAD, CA 92008-7117 JAMES E MARTINSON 5422 SPENCER LN CARLSBAD, CA 92008-7117 MARION A CROOKS 5424 SPENCER LN CARLSBAD, CA 92008-7117 RAY & TERESA MENDOZA 5426 SPENCER LN CARLSBAD, CA 92008-7117 JOSEPHINE C STARK 5428 SPENCER LN CARLSBAD, CA 92008-7117 DIAMOND 5423 SPENCER LN CARLSBAD, CA 92008-7117 HANS & PAMELA KASPAR 5421 SPENCER LN CARLSBAD, CA 92008-7117 FALGOUT ROBERT VANDERSLICE DOROTHY METZ 5419 SPENCER LN CARLSBAD, CA 92008-7117 5417 SPENCER LN CARLSBAD, CA 92008-7117 5415 SPENCER LN CARLSBAD, CA 92008-7117 label size 1" x 2 5/8" compatible with Avery ®5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery®5160/8160 I wi"l |-u"d ap suas V J3|3d e WEST SENIOR 6005 HIDDEN VALLEY RD 290 CARLSBAD, CA 92011-4226 TABATA PO BOX 943 CARLSBAD, CA 92018-0943 PRL PROPERTIES MANAGEMENT INC PO BOX 2138 CARLSBAD, CA 92018-2138 S D & K PARKER 2518 GIBBONS ST EL CAJON, CA 92020 RIZZO 534 N CEDROS AVE SOLANA BEACH, CA 92075-1256 KIRK L GIBSON 1175 CORDOBA WAY VISTA, CA 92081-9089 EAGLE CANYON AT EVANS POINT 10179 HUENNEKENS ST SAN DIEGO, CA 92121-2965 T F A PO BOX 966 DANA POINT, CA 92629-0966 STEPHEN GRAND *M* 2000 WASHINGTON ST 7 SAN FRANCISCO, CA 94109-2844 M STONE ENTS XXVII LLC PO BOX 623 FRIDAY HARBOR, WA 98250 MARY V HAASE 18616 E CERRO CT OTIS ORCHARDS, WA 99027-9107 *** 161 Printed *** dn-doj asodxa 01 aui| 6uo|e puag jedej psaj 0,091.5 This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of Proof of Publication of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 05th, 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On this 08th, day of Septembe Jane Allshouse NORTH COUNTY TIMES Legal Advertising ITICE OF PUBLIC HEARING 1 NOTICE IS HEREBY GIVEN to you, because' vour interest may be affected, that the CityCouncil of the City of Carlsbad will hold a pub- lic hearing at the Councir Chambers, 1200 CarlsbadVillage Drive, Carlsbad, California, at 6:00 p.m. on Tues-day September 15, 2009, to consider a General PlanAmendment, Local Coastal Program Amendment andZone Change for the subdivision, grading and utility de-'velopment of a 10.16 acre site into twenty six (26) within the Mello II Segment of the Local Coastal Programand Local Facilities Management Zone 24 and more par-ticularly described as: Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1K inthe City of Carlsbad, County of San Diego, State of Cal-:ifornia t-tec. March 21, 1974 in the Office of the County Recorder of said San Diego County Whereas, on July 15, 2009 the City of Carlsbad PlanningCommission voted 7-0 to recommend adoption of a Miti-qated Negative Declaration and Mitigation Monitoringand Reporting Program; recommend approval for a Gen-eral Plan Amendment, Local Coastal Program Amend-ment and Zone Change; and approved a Tentative Tract Map Special Use Permit, Hillside Development Permitand'Coastal Development Permit for the subdivision,ing and utility'developmentI ofa 10.16 acre site into of El Camino Real. Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. Copies ofthe agenda bill will be available on and after September 11, 2009. If you have any questions please call CoreyFunk in the Planning Department at (760) 602-4645. If you challenge the General Plan Amendment, LocalCoastal Program Amendment, and/or Zone Change incourt, you may be limited to raising only those issues youor someone else raised at the public hearing described inthis notice or in written correspondence delivered to theCity of Carlsbad. Attn: City Clerk's Office, 1 200 CarlsbadVillage Drive, Carlsbad, CA 92008, at or prior to the pub- lic hearing. CASE FILE: GPA 06-04/LCPA 06-02/ZC 06-03 2009 NCT 2228839 CITY OF CARUSBAD CITY COUNCIL , GPA 06-04/LCPA 06-02/ZC 06-03 EL C A M I N O R E A L COLLEGE BLCAMINO HILLS DRJ A C K S P A R D R BRYANT DRLINDSAY D RB R O W N I N G R D MORGAN RDSUNNY CR E E K R D SHE L L E Y P L F O R E C A STLE C T FOXTAIL LPL O N GFELLOW RD FERMI CTKIPLIN G LN SP E N C E R L N GPA 06-04/ LCPA 06-02 / ZC 06-03 / CT 06-13 SUP 06-08 / CDP 06-19 / HDP 07-03 Tabata 10 SITE MAP E L C A MINO REAL LA COSTA AVCOLLEGE BLCARLSBAD BLAVI A RA PY MELROSE DR EL C A M I N O R E A L COLLEGE BLCAMINO HILLS DRJACKSPAR DRBRYANT DRLINDSAY DRBR O W N I N G R D MORGAN RDSUNNY CREEK RDFO R E C A S T L E C T SHELLEY PL KI P L I N G L N SP E N C E R L N 0 400200 Feet GPA 06-04 / LCPA 06-02 / ZC 06-03 CT 06-13 / SUP 06-08 CDP 06-19 / HDP 07-03 Tabata 10 Existing Designations: General Plan –RLM and OS GPA Replace Open Space designation with RLM for portion of the site Existing Designations: Zoning –L-C ZC and LCPA Change zoning designation from L-C to R-1 General Plan, Local Coastal Program, Zoning Ordinance Subdivision Ordinance (Title 20) Hillside Development Regulations Growth Management Coastal Development Permit Regulations El Camino Real Corridor Development Standards HMP Migratory Bird Treaty Act Paleontology Noise impacts from El Camino Real Adopt: Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program Approve: General Plan Amendment GPA 06-04 Local Coastal Program Amendment LCPA 06-02 Zone Change ZC 06-03