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HomeMy WebLinkAbout2009-01-06; City Council; 19691; SeascapeCITY OF CARLSBAD - AGENDA BILL 10 AB# 19,691 MTG. 01/06/09 DEPT. PLN SEASCAPE GPA 05-11/ZC 05-10 LCPA05-06/SDP05-12 DEPT. HEAD }0/l ^ CITY ATTY. (&*>. CITY MGR. (u RECOMMENDED ACTION: That the City Council ADOPT Resolution No.2009-009. ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and APPROVING General Plan Amendment (GPA 05-11), Local Coastal Program Amendment (LCPA 05-06), and Site Development Plan (SDP 05-12), and INTRODUCE Ordinance No. CS-021 APPROVING a Zone Change (ZC 05-10) based upon the findings and subject to the conditions contained therein. ITEM EXPLANATION: Project Application(s) Environmental Review (MND) GPA 05-1 1 ZC 05-10 LCPA 05-06 CT05-18 PUD 05-14 SDP 05-1 2 CDP 05-37 HDP 06-02 HMP 07-09 Administrative Approvals Planning Commission RA RA RA RA X X RA X X X City Council X X X / X RA = Recommended Approval x = Final City decision-making authority S = requires Coastal Commission approval On November 5, 2008, the Planning Commission conducted a public hearing and recommended to the City Council approval (6-0-1 - Commissioner Douglas absent) of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Local Coastal Program Amendment, Zone Change, and Site Development Plan associated with a proposed fifteen lot subdivision consisting of twelve residential lots, two open space lots, and one private street lot, and the development of twelve detached single-family residences and three second dwelling units, on a 5.05 acre property generally located on the northeast corner of Black Rail Road and Avena Court East within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 20. The proposed General Plan Amendment, Zone Change and Local Coastal Program Amendment would change the General Plan and Local Coastal Program Land Use designations on the property from Residential Low-Medium Density (RLM, 0-4 du/ac) to Residential Low-Medium Density (RLM, 0-4 du/ac) and Open Space (OS), and change the City Zoning and Local Coastal Program Zoning designations on the property from Limited Control (L-C) to One-Family Residential (R-1) and Open Space (OS). DEPARTMENT CONTACT: Jason Goff 760-602-4643 jgoff@ci.carlsbad.ca.us FOR CITY CLERKS USE ONL Y. / COUNCIL ACTION: APPROVED Jd DENIED CT CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 In order to comply with the City's Inclusionary Housing Requirement, detached second dwelling units are proposed on Lots 8 and 9. This request to satisfy Inclusionary Housing through second dwelling units requires City Council approval of a Site Development Plan. At the same hearing, the Planning Commission also approved (6-0-1) a Tentative Tract Map, Planned Development Permit, Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan Permit. One resident from the neighboring Crystalla development spoke at the Planning Commission hearing, requesting that a gate be added to the proposed Private Street and expressing concerns regarding the appropriateness of affordable second dwelling units being located adjacent to their Aviara community. 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 discretionary actions. FISCAL IMPACT: All public infrastructure required for this project will be funded and/or constructed by the developer. 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 and cultural resources, as well as exposure of people to 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 August 20, 2008. EXHIBITS: 1. City Council Resolution No. 2009-009 2. City Council Ordinance No. CS-021 3. Location Map 4. Planning Commission Resolutions No. 6498, 6499, 6500, 6501, 6502, 6503, 6504, 6505, 6506, and 6507 5. Planning Commission Staff Report dated November 5, 2008 6. Draft Excerpts of Planning Commission Minutes, dated November 5, 2008. EXHIBIT 1 1 RESOLUTION NO. 2009-009 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, APPROVING A GENERAL PLAN 4 AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT TO CHANGE THE GENERAL PLAN AND LOCAL 5 COASTAL PROGRAM LAND USE DESIGNATIONS FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) TO 6 RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) AND OPEN SPACE (OS), AND THE LOCAL COASTAL PROGRAM 7 ZONING DESIGNATION FROM LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-1) AND OPEN SPACE (OS), 8 AND A SITE DEVELOPMENT PLAN TO CONSTRUCT TWO (2) SECOND DWELLING UNITS TO MEET THE AFFORDABLE 9 HOUSING REQUIREMENT ON A 5.05 ACRE PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF 10 BLACK RAIL ROAD AND AVENA COURT EAST WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: SEASCAPE 12 CASE NO.: GPA 05-11/LCPA 05-06/SDP 05-12 The City Council of the City of Carlsbad, California, does hereby resolve as follows:14 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on November 5, 2008, hold a duly noticed public hearing as prescribed by law16 to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting program, as referenced in Planning Commission Resolution No. 6498, General Plan lo Amendment GPA 05-11, according to Exhibit "GPA 05-11" attached to Planning Commission Resolution No. 6499 and incorporated herein by reference, and Local Coastal Program _. Amendment LCPA 05-06, according to Exhibit "LCPA 05-06" attached to Planning Commission Resolution No. 6501 and incorporated herein by reference, to change the General Plan and Local Coastal Program Land Use designations from Residential Low-Medium Density (RLM, 0-4 24 du/ac) to Residential Low-Medium Density (RLM, 0-4 du/ac) and Open Space (OS), and the Local Coastal Program Zoning designation from Limited Control (L-C) to One-Family Residential (R-1) and Open Space (OS), and a Site Development Plan SDP 05-12, as referenced in 27 Planning Commission Resolution No. 6504, to construct two (2) second dwelling units to meet 28 the affordable housing requirement, and the Planning Commission adopted Planning 1 Commission Resolutions No. 6498, 6499, 6501, and 6504 recommending to the City Council 2 that they be approved; and 3 WHEREAS, the City Council of the City of Carlsbad, on the 6tb day of 4 January , 2008, held a duly noticed public hearing to consider said Mitigated 5 Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan 6 Amendment, Local Coastal Program Amendment, and Site Development Plan; and 7 WHEREAS, at said public hearing, upon hearing and considering all testimony 8 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 9 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 10 General Plan Amendment, Local Coastal Program Amendment, and Site Development Plan. 11 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 12 of Carlsbad as follows: 1. That the above recitations are true and correct. 14 2. That the recommendation of the Planning Commission for the adoption of 15 a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the approval of a Local Coastal Program Amendment and Site Development Plan are adopted and 16 approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 6498, 6501, and 6504 on file with the City Clerk and 17 incorporated herein by reference, are the findings and conditions of the City Council. 18 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) to Residential Low- 19 Medium Density (RLM, 0-4 du/ac) and Open Space (OS) on a 5.05 acre site generally located on the northeast corner of Black Rail Road and Avena Court East, as shown in Planning 20 Commission Resolution No. 6499, is hereby accepted, approved in concept, and shall be formally approved with GPA Batch No. 1 of 2009. 21 4. That the approval of LCPA 05-06 shall not become effective until it is 22 approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 23 5. This action is final the date this resolution is adopted by the City Council 24 and is subject to the approval of the LCPA 05-06 by the California Coastal Commission. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" 25 shall apply: 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 6tb day of January 2009, by the following vote, to wit: AYES: Council Members Lewi?, Kulcbin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. CLA ATTEST: J\o LORRAINE M /SEAL) D' City Clerk ' -3- EXHIBIT 2 1 ORDINANCE NO. CS-021 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, ZC 05-10, 4 FROM LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-1) AND OPEN SPACE (OS) ON PROPERTY 5 GENERALLY LOCATED ON THE NORTHEAST CORNER OF BLACKRAIL ROAD AND AVENA COURT EAST IN LOCAL 6 FACILITIES MANAGEMENT ZONE 20. CASE NAME: SEASCAPE 7 CASE NO.: ZC 05-10 8 WHEREAS, the City Council did on the 6tb day of January 2009, hold a duly 9 noticed public hearing as prescribed by law to consider said request; and 10 WHEREAS, said application constitutes a request for a Zone Change as shown 11 on Exhibit "ZC 05-10" dated November 5, 2008, attached hereto and made a part hereof; and 12 WHEREAS at said public hearing, upon hearing and considering all testimony 13 and arguments, if any, of all persons desiring to be heard, said City Council considered all 14 factors relating to the ZC 05-10 - Seascape. 15 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows:16 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the City's zoning map, is amended as shown on the map marked Exhibit "ZC 05-10," dated lo November 5, 2008 attached hereto and made a part hereof. -„ SECTION II: That the findings and conditions of the Planning Commission as set 21 forth in Planning Commission Resolution No. 6500 constitute the findings and conditions of the 22 City Council. 23 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days 24 after its adoption but not until Local Coastal Program Amendment LCPA 05-06 is approved by 25 the California Coastal Commission, and the City Clerk shall certify to the adoption of this 25 ordinance and cause it to be published at least once in a publication of general circulation in the 27 City of Carlsbad within fifteen days after its adoption. 28 -1- 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 6th day of January, 2009, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2009, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) 28 ZC 05-10 Exhibit "ZC 05-10" November 5, 2008Seascape EXISTING PROPOSED Related Case File No(s): GPA 05-11/ LCPA 05-06/ CT 05-18/ PUD 05-1 4/ SDP 05-1 2/ CDP 05-37/ HDP 06-021 HMP 07-09 Zoning Designation Changes A. B. Property 215-040-09 215-040-11 From: L-C L-C To: R-1/OS R-1/OS EXHIBIT 3 NOT TO SCALE SITEMAP Seascape GPA 05-117 ZC 05-10 / LCPA 05-06 / SDP 05-12 EXHIBIT 4 1 PLANNING COMMISSION RESOLUTION NO. 6498 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 TO ALLOW FOR THE SUBDIVISION, GRADING, AND DEVELOPMENT OF A 5.05-ACRE SITE INTO TWELVE 6 (12) RESIDENTIAL LOTS, TWO (2) OPEN SPACE LOTS, AND ONE (1) PRIVATE STREET LOT; AND CONSTRUCTION OF 7 TWELVE (12) DETACHED SINGLE-FAMILY DWELLING UNITS, AND THREE (3) SECOND DWELLING UNITS ON 8 PROPERTY GENERALLY LOCATED ON THE NORTHEAST 9 CORNER OF BLACK RAIL ROAD AND AVENA COURT EAST IN LOCAL FACILITIES MANAGEMENT ZONE 20. 10 CASE NAME: SEASCAPE CASE NO.: GPA 05-11/ZC 05-10/LCPA 05-06/CT 05- 11 18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 13 WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application with 14 the City of Carlsbad regarding property owned by Ron Vandermooren and Rajeev Bhatia, "Owner," described as: 16 Parcel IB: 17 The Southwest Quarter of the Southwest Quarter of the 18 Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State 20 °f California, according to the official plat thereof; and 21 Parcel 2B: 99^ The Southeast Quarter of the Southwest Quarter of the 23 Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and 24 Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and 25 Parcel 3B: 27 An easement for road and public utility purposes over, under, upon and across the westerly 30 feet of the south half of the 28 Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County 10 of San Diego, State of California, according to the official plat 2 thereof; and 3 Parcel 4B: 4 An easement for road and public utility purposes over, under, <- along and across the westerly 30 feet of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 6 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, 7 State of California, according to the official plat thereof 8 ("the Property"); and 9 WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and 10 Reporting Program was prepared in conjunction with said project; and 11 WHEREAS, the Planning Commission did on November 5, 2008, hold a duly 13 noticed public hearing as prescribed by law to consider said request; and 14 WHEREAS, at said public hearing, upon hearing and considering all testimony 15 and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors 17 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting 18 Program.19 6 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 21 Commission as follows: 22 A) That the foregoing recitations are true and correct. 23 B) That based on the evidence presented at the public hearing, the Planning 24 Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit 25 "MND," according to Exhibits "Notice of Intent (NOI)," and "Environmental Impact Assessment Form - Initial Study (EIA)," attached hereto and made a part 2" hereof, based on the following findings: 27 28 PC RESO NO. 6498 -2- Findings: 2 1. The Planning Commission of the City of Carlsbad does hereby find: 3 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and 4 Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05- 11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09, the environmental impacts therein identified for this project 5 and said comments thereon, and the Program, on file in the Planning Department, prior to RECOMMENDING ADOPTION of the project; and 7 b. the Mitigated Negative Declaration and the Program have been prepared in ° accordance with requirements of the California Environmental Quality Act, the n State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 10 c. they reflect the independent judgment of the Planning Commission of the City of 1 Carlsbad; and 12 d. based on the EIA Part II and comments thereon, the Planning Commission, finds 13 that there is no substantial evidence the project will have a significant effect on the environment. 14 2. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed , , to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 17 Conditions: 18 1. Developer shall implement, or cause the implementation of, the SEASCAPE - GPA 05- 19 11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 2Q 02/HMP 07-09 Project Mitigation Monitoring and Reporting Program. 21 22 23 24 25 26 27 28 PC RESO NO. 6498 -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 of the Planning Commission of the City of Carlsbad, California, held on November 5, 2008, by the following vote, to wit: AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery, and Chairperson Whitton NOES: ABSENT: Commissioner Douglas ABSTAIN: /-FRA / n AT> .NK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6498 -4- MITIGATED NEGATIVE DECLARATION CASE NAME: Seascape CASE NO: GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14 SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 PROJECT LOCATION: Northeast corner of Black Rail Road and Avena Court East PROJECT DESCRIPTION: The project site is 5.05 acres in size and is located on the northeast corner of Black Rail Road and Avena Court East. The proposed project includes a General Plan Amendment (GPA 05-11), a Zone Change (ZC 05-10), and Local Coastal Program Amendment (LCPA 05-06) to change the General Plan Land Use designation from Residential Low-Medium density (RLM) to RLM and Open Space (OS), and to change the zoning designation from Limited Control (L-C) to One-Family Residential (R-l) and OS. The application also includes a Tentative Subdivision Map (CT 05-18), Planned Development Permit (PUD 05-14), Site Development Plan (SDP 05-12), Coastal Development Permit (CDP 05-37), Hillside Development Permit (HDP 06-02), and a Minor Habitat Management Plan Permit (HMP 07-09) to allow for the subdivision of the 5.05-acre site into 15 lots (12 residential, 2 open space, and 1 private street). The project includes the construction of 12 single-family homes, 3 of which will include detached second dwelling units. The site is presently vacant of any uses or structures. However, past uses of the site involved agricultural production and included greenhouses. Topographically, the site slopes gently downward from east to west. It is.predominately flat with the exception of manufactured slopes greater than 40% along the south and west property lines. A 150-ft wide SDG&E easement bisects the site diagonally in a northwest/southeast direction. Surrounding land uses include single-family residential to the north, Avena Court East and single-family residential to the south, open space (Aviara Master Plan) to the east, and Black Rail Road and a single-family home to the west. 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, and the City of Carlsbad finds as follows: £3 Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. A copy of the initial study (EIA Part 2) documenting reasons to support the Mitigated Negative Declaration is on file in the;Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: [CLICK HERE date] . pursuant to [CLICK HERE Administrative Approval. PC/CC Resolution No., or CC Ordinance No.1 ATTEST: DON NEU Planning Director 14 FILE,£Ofy City of Carlsbad " Planning Department CASE NAME: CASE NO: PROJECT LOCATION: NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Seascape GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14 SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Northeast corner of Black Rail Road and Avena Court East PROJECT DESCRIPTION: The project site is 5.05 acres in size and is located on the northeast corner of Black Rail Road and Avena Court East. The proposed project includes a General Plan Amendment (GPA 05-11), a Zone Change (ZC 05-10), and Local Coastal Program Amendment (LCPA 05-06) to change the General Plan Land Use designation from Residential Low-Medium density (RLM) to RLM and Open Space (OS), and to change the zoning designation from Limited Control (L-C) to One-Family Residential (R-l) and OS. The application also includes a Tentative Subdivision Map (CT 05-18), Planned Development Permit (PUD 05-14), Site Development Plan (SDP 05-12), Coastal Development Permit (CDP 05-37), Hillside Development Permit (HDP 06-02), and a Minor Habitat Management Plan Permit (HMP 07-09) to allow for the subdivision of the 5.05-acre site into 15 lots (12 residential, 2 open space, and 1 private street). The project includes the construction of 12 single-family homes, 3 of which will include detached second dwelling units. The site is presently vacant of any uses or structures. However, past uses of the site involved agricultural production and included greenhouses. Topographically, the site slopes gently downward from east to west. It is predominately flat with the exception of manufactured slopes greater than 40% along the south and west property lines. A 150-ft wide SDG&E easement bisects the site diagonally in a northwest/southeast direction. Surrounding land uses include single-family residential to the north, Avena Court East and single-family residential to the south, open space (Aviara Master Plan) to the east, and Black Rail Road and a single-family home to the west. 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 Mi-tigated Negative Declaration will be recommended for adoption by the City of Carlsbad 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 Jason Goff in the Planning Department at (760) 602-4643. PUBLIC REVIEW PERIOD PUBLISH DATE August 20. 2008 - September 19.2008 August 20. 2008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (730) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY CASE NO: GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/ HDP 06-02/HMP 07-09 DATE: 08/08/2008 BACKGROUND 1. CASE NAME: Seascape 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Jason Goff. Associate Planner. (760') 602-4643 4. PROJECT LOCATION: NE corner of Black Rail Road and Avena Court East 5. PROJECT SPONSOR'S NAME AND ADDRESS: Roger Bhatia. CIVCOM & Associates. 5850 Overlin Drive. Suite 350. San Diego. CA 92121 6. GENERAL PLAN DESIGNATION: RLM (Residential Low-Medium Density) 7. ZONING: L-C (Limited Control) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): none 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The project site is 5.05 acres in size and is located on the northeast corner of Black Rail Road and Avena Court East. The proposed project includes a General Plan Amendment (GPA 05-11), a Zone Change (ZC 05-10), and Local Coastal Program Amendment (LCPA 05-06) to change the General Plan Land Use designation from Residential Low-Medium density (RLM) to RLM and Open Space (OS), and to change the zoning designation from Limited Control (L-C) to One- Family Residential (R-l) and OS. The application also includes a Tentative Subdivision Map (CT 05-18), Planned Development Permit (PUD 05-14), Site Development Plan (SDP 05-12), Coastal Development Permit (CDP 05-37), Hillside Development Permit (HDP 06-02), and a Minor Habitat Management Plan Permit (HMP 07-09) to allow for the subdivision of the 5.05-acre site into 15 lots (12 residential, 2 open space, and 1 private street). The project includes the construction of 12 single-family homes, 3 of which will include detached second dwelling units. The site is presently vacant of any uses or structures. However, past uses of the site involved agricultural production and included greenhouses. Topographically, the site slopes gently downward from east to west. It is predominately flat with the exception of manufactured slopes greater than 40% along the south and west property lines. A 150-ft wide SDG&E easement bisects the site diagonally in a northwest/southeast direction. Surrounding land uses include single-family residential to the north, Avena Court East and single-family residential to the south, open space (Aviara Master Plan) to the east, and Black Rail Road and a single-family home to the west. GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape The project site is also located in an area that is subject to the requirements of the Zone 20 Specific Plan, approved by the City Council in 1994. A Program EIR (PEER) (EER 90-03) was certified for the Zone 20 Specific Plan. The Zone 20 PEER, indentified, analyzed, and recommended mitigation to reduce potential significant impacts to insignificant levels. The Zone 20 PEER analyzed potential impacts to agriculture, air quality, biology, circulation, land use, noise, pesticide residue, paleontology, public facilities financing, soils/geology, and visual aesthetics that could result from the development of the Specific Plan area. The PEER is intended to be used in the review of subsequent projects within Zone 20. The project incorporates the required Zone 20 PEER mitigation measures, and through the analysis of the required additional plans, reports, and studies pertaining to biological resources, cultural resources, paleontological resources, geotechnical, Phase I Environmental, hydrology, and storm water management, a determination has been made that with the implementation of mitigation measures no additional significant impacts beyond those identified and mitigated by the PEER will result from this project. The Zone 20 PEER and additional technical studies are cited as source documents for this environmental evaluation. Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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 I I Geology/Soils Noise Hazards/Hazardous Materials I—J Population and Housing | Hydrology/Water Quality I Land Use and Planning I I Mineral Resources Public Services Recreation | I Transportation/Circulation X] Mandatory Findings of Significance I Utilities & Service Systems Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Date 7 j Planning Director's Signature Date Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape • 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. 12/13/07 9 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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? Potentially Significant . Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a, c) Less Than Significant Impact. The project site is located along the east side of Black Rail Road, with golf course and valley views available to the east, and distant ocean views available to the southwest. To the north and south are two-story single-family homes. There are no public scenic vistas available from the site or across the site. The project is subject to various site design, architectural, and landscaping standards contained within the Zone 20 Specific Plan, City of Carlsbad Council Policy 44 (Neighborhood Architectural Design Guidelines), City of Carlsbad Council Policy 66 (Livable Neighborhoods), and the Planned Development and Hillside Development Chapters of the Carlsbad Municipal Code. All of these policies and regulations are intended to result in the development of aesthetically appealing projects. b) No Impact. No trees or rock outcroppings will be impacted by the proposed project. No buildings, including 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. d) Less Than Significant Impact. The subject site contains no lights and produces no glare at the present time. However, the proposed project will change the appearance of the subject site from an undeveloped parcel to a developed site with 12 new single-family homes. Light and glare from the proposed project is not anticipated to be significantly greater than that projected from other similar uses within the surrounding area. The proposed development modifications will involve an increase in urban appearance, but will not be dissimilar from the existing uses in the area. This increase should not result in significant new sources of light and glare, and will not significantly impact overall views to and from the site. Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a & c) Less Than Significant Impact. The project site is identified as an area of non-prime agricultural land in the Mello II Segment of the Local Coastal Program (LCP). The conversion of the property from agricultural to urban development is permitted subject to the payment of an agricultural conversion mitigation fee as specified in Policy 2-1 of the Mello II Segment of the LCP. The project has been conditioned accordingly. b) No Impact. The subject site is not encumbered by a Williamson Act contract. Therefore, no impact is assessed. Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D 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 (PMi0). 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 (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable "General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of'the State of California 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. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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 General Plan and the regional air quality plan, and therefore 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. 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 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 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. 10 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D a, b, c, & f) Potentially Significant Unless Mitigation Incorporated. 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 5.05-acre project site is an undeveloped parcel surrounded by detached single-family homes to the north and south, open space (Aviara Master Plan) to the east, and Black Rail Road to the west. According to the City of Carlsbad's HMP, the site is identified as a Standards Area, and is located adjacent to an Existing Hardline Preserve Area. V 11 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape A habitat assessment of the project site was prepared by Brian F. Smith & Associates on April 17, 2007 and later revised on October 18, 2007. According to the report, the site is extensively disturbed and supports 2.62-acres of Agricultural Lands (Greenhouse/Nursery Buildings), 2.10-acres of Disturbed Lands, and 0.33-acres of Developed Lands (Avena Court East) for a total of 5.05 acres of Group-F Habitat. The developer, in accordance with the provisions of the HMP, would typically be conditioned as part of the project to pay in-lieu fees for impacts to 5.05- acres of Group-F Habitat; however, in accordance with Policy 2-1 of the Mello II Segment of the Local Coastal Program, the applicant will instead be conditioned to pay an Agricultural Conversion Mitigation Fee on a per acre basis, to convert the entire project site (5.05 acres) from agricultural lands to residential development. Sensitive Plant Species According to the habitat assessment, no sensitive plant species listed by the United States Fish & Wildlife Service (USFWS), California Department of Fish & Game (CDFG), or the HMP were observed orisite. A listing of the sensitive plant species with a potential for occurrence on the project site was prepared. None of the species listed were identified on the site, and none were listed as likely to occur. The report discusses each species in detail and provides an explanation for their non-existence or cites several factors which limit their likelihood of occurrence. Therefore, no impact to sensitive plant species is assessed. Sensitive Wildlife Species According to the habitat assessment, no sensitive wildlife species listed by the United States Fish & Wildlife Service (USFWS), California Department of Fish & Game (CDFG), or the HMP were observed onsite. Suitable habitat for only one species, the orange-throated whiptail lizard, was observed on the site. However, the quality of the habitat is listed as marginal, and according to the report, it is not likely that the species is present. Therefore, no impact to sensitive wildlife species is assessed. Sensitive Wetland Habitat/Species According to the habitat assessment, no Riparian/Riverine habitat, wetland habitat, artificially created wetlands, wetland species, or evidence of jurisdictional waters were observed or identified onsite. Therefore, no impact to wetland habitat and wetland species is assessed. Indirect Impacts The project is located adjacent to an existing HMP Hardline Preserve area. In order to minimize edge effects, the habitat assessment recommends incorporation of the following adjacency standards as mitigation for the project to reduce indirect impacts: 1. Fire Management: A Fire Protection Plan has been included as part of the project design and includes a 60- foot wide fire suppression zone between the proposed structures (Lots 11 and 12) and the HMP Preserve boundary to the east. Fire Suppression Zones 2 and 3, which are closest to the HMP Preserve boundary, will be planted with a low water use, naturalizing plant species, known to have low fuel characteristics. As such, implementation of fire management requirements as proposed would be consistent with the HMP buffer requirements. 2. Erosion Control: Prior to construction of the proposed project, the project proponent shall develop an erosion control plan. The plan shall identify areas susceptible to erosion on the property and immediately adjacent to the existing HMP Preserve Area. All potentially sensitive slopes shall be stabilized and, if necessary, planted with native vegetation consistent with the plant community in the adjacent preserve area. The erosion control plan shall contain elements preventing runoff and the transport of fertilizers, pesticides, and similar materials in the existing HMP Preserve Area. 3. Landscaping Restrictions: The proposed project has been designed to provide an Open Space Lot (Lot 15) between the existing HMP Preserve Area and residential Lots 11 and 12. A solid 6 ft. tall slumpstone block wall with glass panels is proposed along the rear property lines of Lots 11 and 12, which will further separate these two areas. The project shall prohibit the use of any non-native, invasive plant species in 12 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP Q6-02/HMP 07-09 Seascape landscaping adjacent to the existing HMP Preserve or in any area where undesirable plant materials may have the opportunity to spread into the adjacent preserve area. The Final Landscape Plans prepared for the project shall include a list of HMP non-native invasive plant species that are to be avoided. Lastly, the project shall control landscape irrigation located adjacent to the existing HMP Preserve in order to prevent runoff from spreading into it. 4. Fencing. Signs and Lighting: The proposed project has been designed to provide an Open Space Lot (Lot 15) between the existing HMP Preserve Area and residential Lots 11 and 12. A solid 6 ft. tall slumpstone block wall with glass panels will be provided along the rear property lines of Lots 11 and 12 further separating these two areas. Where Open Space Lot 15 and the existing HMP Preserve Area meet, a 4 to 5 ft. tall black vinyl coated chain link fence shall be constructed along the entire boundary. Signage shall be installed on the fence to educate and inform the public about the goals of the HMP Preserve and to prohibit public access. Lighting in back yards adjacent to the existing HMP preserve area shall be of the minimum necessary for safety and security and shall be shielded and directed to shine downward and not into the HMP Preserve. Homeowner lighting restrictions shall be included in the project CC&R's. 5. Predator and Exotic Species Control: Project CC&R's shall educate homeowners regarding responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild). The project has also been designed to provide an Open Space Lot (Lot 15) between the existing HMP Preserve Area and residential Lots 11 and 12. Residential Lots 11 and 12 will be further separated from Open Space Lot 15 and the existing HMP Preserve Area by a solid 6 ft. tall slumpstone block wall with glass panels. For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the existing HMP Preserve. The use of invasive exotic plant species as listed in the HMP shall be avoided. d) Less than Significant Impact. Construction of the proposed project is not expected to significantly impede local wildlife movement or migratory fish or wildlife movement because the subject area has not been identified by the HMP as a connectivity link or Core Area to be preserved. e) No Impact. The City of Carlsbad has no adopted tree preservation policy or ordinance which would affect the subject project. The subject project will not impact trees or other biological resources. No trees exist on the subject site, therefore no impact is assessed. 13 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique 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) Potentially Significant Unless Mitigation Incorporated. A Phase I Archaeological Assessment was prepared for the site by Brian F. Smith and Associates (BFSA) on April 19, 2007. The assessment program was conducted in accordance with CEQA to determine the presence of any archaeological or historical cultural resources that could be affected by the proposed project. An intensive pedestrian survey of the site was conducted by BFSA on March 23, 2007 along with an archeological records search by the South Coastal Information Center (SCIS) at San Diego State University (SDSU). The results of both were negative for any previously recorded cultural resources within the project area. In addition to the above, a request to the Native American Heritage Commission (NAHC) for a Sacred Lands File review was also conducted, which resulted in the determination of no known resources being found present within the project boundaries. Furthermore, in accordance with the Tribal Consultation Guidelines for the State of California (California State Senate Bill 18, Chapter 905, Statutes of 2004), the City of Carlsbad requested consultation with the San Pasqual Band of Mission Indians, Mesa Grande Band of Mission Indians, Pala Band of Mission Indians, Kwaaymii Laguna Band of Mission Indians, Inaja Band of Mission Indians, Rincon Band of Mission Indians, San Luis Rey Band of Mission Indians, Santa Ysabel Band of Diegueno Indians, and the Kumeyaay Cultural Repatriation Committee. Of those listed, the San Luis Rey Band of Mission Indians, in a letter dated September 19, 2007 from California Indian Legal Services, requested a formal consultation with the City of Carlsbad, a formal pre-excavation agreement prior to grading, and the use of tribal monitors in addition to archeological monitoring to address any cultural resources that may be found given the Band's traditional territory. Although the current investigation by BFSA did not identify any significant resources within the project boundaries, it did indicate that past results of the archeological records searches and cultural resources studies within the Carlsbad area indicate that there is a high potential for buried cultural deposits everywhere along the coastal plain. Therefore, in accordance with the California Environmental Quality Act (CEQA) Section 15064.5(f), which requires provisions for the identification and evaluation of accidentally discovered archeological resources; conditions have been added to the project requiring archaeological monitoring by both a qualified archaeologist and tribal monitor(s) of the San Luis Rey Band of Mission Indians during all ground disturbing activities. Through the implementation of the mitigation measures recommended in the Phase I Archeological Assessment, along with the requirements of tribal monitoring and a formal pre-excavation agreement with the San Luis Rey Band of Mission Indians, impacts to any unforeseen or accidentally discovered cultural resources are reduced to a level of less than significant. c) Potentially Significant Unless Mitigation Incorporated. The project site is located in an area which is subject to the requirements of the Zone 20 Specific Plan approved by City Council in 1994. A Program Environmental 14 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape Impact Report (PEIR) (EIR 90-03) was certified for the Zone 20 Specific Plan. According to the PEIR, Eocene age rocks of the Santiago Formation (35 to 54 millions years old) are known to contain significant fossils in the Carlsbad area and represent a significant resource. Because this formation is found throughout the entire Zone 20 Specific Plan area, there is a high potential for discovery of fossils during grading and construction activities. A Preliminary Geotechnical Investigation was prepared for the project by Leighton & Associates, Inc. (Project No. 041265-001, September 29, 2004) to identify the geologic conditions of the site. According to the report, the majority of site consists primarily of undocumented fill soils and formational materials consisting of Quaternary-aged Terrace deposits, with Santiago Formation bedrock materials expected to exist below a level of approximately 325 feet above mean sea level (msl). Proposed grading could penetrate the 325 ft. msl elevation contour in some areas on the project site. Therefore, a mitigation program which involves the review of the grading plans and full time attendance of a paleontologist during grading operations, with the authority to direct grading in order to salvage and curate resources, will mitigate impacts to a level of less than significant. 15 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D IEI 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. No impact is assessed. a.ii.—a.iv. & c) Less Than Significant 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. However, there are several active faults throughout Southern California, and potential earthquakes resulting from these faults could affect Carlsbad. A Preliminary Geotechnical Investigation of the site was prepared by Leighton & Associates, Inc. (Project No. 041265-001) on September 29, 2004. In the report, it identifies the site as having a relatively low risk of exposure to seismic hazards; no ancient landslide have been mapped or were observed onsite; and the Quaternary Terrace deposits underlying the site are not considered liquefiable due to their physical characteristics, lack of an 16 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape elevated ground water table, high-density characteristics, and age. Earth materials encountered onsite consist predominately of undocumented artificial fill soils, a thin layer of topsoil, and Quaternary-aged Slopewash and Terrace deposits underlain by bedrock materials of the Santiago Formation. By following the recommendations contained within the referenced report, the site is suitable for the proposed project and exposure of people or structures to geotechnical related hazards is considered to be less than significant. b) Less Than Significant Impact. The subject property is an undeveloped parcel. During the finish grading, the exposure of soils could lead to an increased chance for the erosion of soils from the site. However, such grading will follow best management practices for the control of erosion, such as straw bale or sandbag barriers, silt fences, slope roughening, and outlet protection in exposed areas. Finished grades will be promptly hydroseeded or otherwise protected as required per the adopted City Grading Ordinance. If necessary, temporary slope cover such as jute matting or mulch will be applied to newly graded slopes to reduce the potential for soil erosion or the loss of topsoil to a level that is considered to be less than significant. d) No Impact. According to the Preliminary Geotechnical Investigation, onsite soils are considered to be very low to low in expansion potential. The report indicates that the site is suitable to receive the proposed improvements. No impact is assessed. 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. No impact is assessed. 17 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D a-b) Less Than Significant Impact. A Phase I Environmental Site Assessment was prepared for the project by LaMontagne Engineering Services (LES), dated October 6, 2004. At the time of the report, the site was being utilized as a nursery/flower growing facility with several greenhouses and storage facilities located onsite. In addition to these facilities; several cars, trucks, tractors, mobile homes, and trailers were accounted for, as well as above ground storage tanks, and a poly tank and propane tanks. Soil samples were collected from four different areas of the site. Laboratory test results reported no concentration of herbicides in any of the samples, however 18 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape concentrations of pesticides in two of the samples were reported. According to the report, the two areas of the site that registered contaminate concentrations of pesticides are noted as being very small, or more specifically "three orders of magnitude less than the Environmental Protection Agencies (EPA) requirements for remediation of these compounds in soil at residential sites." The LES report includes recommendations for the removal and clean-up of the site prior to grading. 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 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, development, 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 Aviara Oaks Elementary, located approximately 0.39 miles to the southeast, and Pacific Rim Elementary, located approximately 1 mile to the northwest. Because the site is not located within one-quarter mile of an existing or proposed school, no significant hazardous materials impacts are anticipated. No impact is assessed. 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 1.15 miles south of the McClellan-Palomar Airport runway. Because the site is located well 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 or working 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 Black Rail Road. 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. No impact is assessed. h) No Impact. The proposed project site currently consists of an undeveloped parcel with existing single-family development to the north and south, and Black Rail Road and a Palm tree nursery to the west. Adjacent to the proposed homes on the east side of the site is an open space area (Aviara Master Plan) consisting of natural habitat. A Fire Suppression Plan for the project has been included as part of the project, which includes the requirement of a 60 foot wide fire suppression zone consistent with the City of Carlsbad's Landscape Manual and Fire Department standards. As such, the project does not expose people or structures to a significant risk of loss, injury or death involving wildland fires. No impact is assessed. 19 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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? j) Inundation by seiche, tsunami, or mudflow? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact D D 20 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact D o) Increase impervious surfaces and associated runoff? p) Impact aquatic, wetland, or riparian habitat?D 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. The proposed project, prior to the start of construction, 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. 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. A Preliminary Hydrology Report (Job No. 1269) dated March 11, 2008, and a Preliminary Storm Water Pollution Prevention Plan dated March 14, 2008, was prepared for .the project by CIVCOM & Associates. According to the reports, the project incorporates Low Impact Development (LID) design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas by utilizing pervious pavers for all residential driveways, and directing run-off to landscape areas for bio-filtration. This reduces the amount of discharge and velocity of run-off to pre-development levels, and also 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. 21 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape d) Less Than Significant Impact. According to the Preliminary Hydrology Report and Preliminary Storm Water Pollution Prevention Plan, the proposed project will not alter the current overall drainage pattern, and the drainage discharge points for the site will remain the same. The amount of discharge and velocity of run-off will not significantly exceed pre-development levels, and therefore will not cause substantial erosion or flooding. Project grading is designed to maintain the existing drainage pattern. The project incorporates LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas by utilizing pervious pavers for all residential driveways, and directing run-off to landscape areas. This reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. Therefore, impacts are considered to be less than significant. : e) Less Than Significant Impact. According to the Preliminary Hydrology Report and Preliminary Storm Water Pollution Prevention Plan, the proposed project will not significantly impact the existing or planned storm water systems, nor will the total post development run-off significantly exceed pre-development levels. The project incorporates LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas by utilizing pervious pavers for all residential driveways, and directing run-off to landscape areas. This reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. Therefore, impacts are considered to be less than significant. 0 Less Than Significant Impact. The project will not substantially degrade the water quality as demonstrated in the Preliminary Hydrology Report and .Preliminary Storm Water Pollution Prevention Plan prepared for the project. The project incorporates LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas by utilizing pervious pavers for all residential driveways, and directing run-off to landscape areas. This reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. Therefore, impacts are considered to be less than significant. g-j) No Impact. The project site is not located within a 100-year flood hazard area; and according to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, Catastrophic Dam Failure Inundation. Tsunami and Seiche Hazard Zone Maps. September 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) Less Than Significant Impact. The construction phase of the project could result in increased erosion. However, as a result of the NPDES requirements associated with the proposed project, no significant increase in erosion (sediment) into receiving surface waters will result from the project. Urban runoff from the proposed development will be channeled into the appropriate storm water receptors to the maximum extent practicable as indicated in the project's Preliminary Storm Water Pollution Prevention Plan. The greatest potential for short-term water quality impacts to the drainage basin would be expected during and immediately following the grading and construction phases of the project, when cleared and graded areas are exposed to rain and storm water runoff. Standard conditions require compliance with NPDES sediment control requirements during the construction phase and implementation of the grading and construction BMPs for the project. 1-p) Less Than Significant Impact. The project area is approximately 4-miles upstream from the Pacific Ocean. Storm water run-off drains from the site into the Batiquitos Lagoon and ultimately the Pacific Ocean. According to the California 2006 303(d) list published by the San Diego Regional Water Quality Control Board, the Batiquitos Lagoon and Pacific Ocean (in the area of the Batiquitos Lagoon) are not listed as impaired water bodies. However, to address water quality of the project, Best Management Practices (BMP) 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 is incorporating LID design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas by utilizing pervious pavers for all residential driveways, and directing run-off to landscape areas. This reduces the amount of discharge and velocity of run-off to pre-development levels, and serves as a treatment BMP to attain water quality objectives. 22 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape q) No Impact. The project will not result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses. Please refer to the preceding responses. No impact assessed. 23 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a-c) No Impact. The project involves 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. The General Plan Land Use and Local Coastal Program Land Use designations are both identified as RLM (Residential Low-Medium Density). RLM anticipates single-family residential development at 0 to 4 dwelling units per acre with a Growth Management Control Point (GMCP) of 3.2 dwelling units per acre. The project site has a net developable area of 3.24 acres. At the GMCP, the site yields 10.37 dwelling units, and at the top of the RLM density range, the site yields 12.96 dwelling units. The project is proposing 15 total dwellings (12 detached single-family dwelling units, and 3 detached second dwelling units). Second dwelling units are not applied towards the project's density, unless they are being utilized for inclusionary housing. In this case, only two of the three second dwelling units are being used to meet the projects inclusionary housing requirement. Therefore, the project count is 14 dwelling units and the resultant density is 4.32 dwelling units per acre, which exceeds the GMCP and is also 1.04 dwelling units higher than the top of the RLM density range. According to the City of Carlsbad General Plan, there are exceptional cases where the base zone is consistent with the land use designation, but would permit a slightly higher yield than that recommended in the RLM density residential classification. In those exceptional cases, the City may find that the project is consistent with this element if: a) the project is compatible with the General Plan objectives, policies, general land uses and programs, b) all the necessary infrastructure is in place to support the project, and c) the proposed density does not exceed the maximum density allowed at the top of the range by more than an additional 25%. The City's Growth Management Ordinance also establishes rules for when a project can exceed the GMCP. As such, according to the Carlsbad Municipal Code Section 21.90.045, no residential development permit shall be approved which has a density that exceeds the GMCP for the applicable density range unless: a) the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted, b) there have been sufficient developments approved in the quadrant at densities below the control point to cover the units in the project above the control point so that approval does not result in exceeding the quadrant limit; and c) all necessary public facilities will be constructed or guaranteed to be constructed concurrently with their need and in compliance with the adopted City standards. The project is compatible with all of the General Plan objectives, policies, general land uses and programs. Infrastructure is in place along Black Rail Road, Surf Crest Drive and Avena Court East to support the proposed project. The project density of 4.32 dwelling units per acre does not exceed the maximum density allowed at the top 24 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape of the range by more than an additional 25% (5 dwelling units per acre maximum). To comply with the City's Growth Management Ordinance, a difference of 4.6 dwelling units above the GMCP occurs as a result of this project (Total Dwelling Units Proposed (15 units) - GMCP Unit Yield (10.37 units) = 4.6 excess dwelling units). In order to insure that densities do not exceed the quadrant limit established for the City's SW Quadrant, a total of 4.6 dwelling units will be removed from the City's excess dwelling unit bank in accordance with City Council Policy 43. Currently the SW Quadrant has available unit capacity to accommodate the 4.6 excess dwelling units without exceeding the quadrant cap. Therefore, no impact is assessed. 25 • Rev. 12/13/07 [,]; GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D Less Than Significant No Impact Impact a-b) No Impact. There is no indication that the subject property contains any known mineral resources that would be of future value to the region or the residents of the State. No impact is assessed. 26 Rev. 12/13/07 } ! \I-* i GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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? 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) No Impact. The project will not result in 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. The project site is located a distance greater than 500 feet from a General Plan Circulation Element Roadway, and furthermore, according to the City of Carlsbad Noise Guidelines Manual (Carlsbad Future 2010 Noise Corridor Map) is outside of the 60 dB(A) CNEL contour. b & d) Less Than Significant Impact. The anticipated grading operation associated with the proposed single- family dwellings will result in a temporary and minor increase in groundborne vibration and ambient noise levels. Following the conclusion of grading, ambient noise level and vibrations are expected to return to pre-existing levels. c) No Impact. The project consists of 12 detached single-family homes, which are consistent in use and intensity with the surrounding residential development. As such, the project would not result in sustained ambient noise levels which would exceed the established standards. No impact assessed. e) Potentially Significant Impact Unless Mitigation Incorporated. The subject site is located approximately 1.15 miles south of the McClellan-Palomar Airport. The project site is located well outside of the Airport Influence Area, Flight Activity Zone, and/or the Runway Protection Zones that are established by the McClellan-Palomar Airport Land Use Compatibility Plan (ACLUP). However, the site is located within the Noise Impact Notification Area (NINA), which encompasses most of the City of Carlsbad. According to the ACLUP, much of the noise in this area occurs on an irregular basis, and is often called single event noise. This type of noise, although not generally 27 Rev. 12/13/07 U'. GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape considered to be a health or safety issue, may be a nuisance. Therefore, all residential projects located within the NINA are required to record a notice that the property is subject to over flight, site, and sound of aircraft operating from McClellan-Palomar Airport. Mitigation measures have been included to reduce this impact to a level considered to be less than significant. f) No Impact. No private airstrip exists within the vicinity of the subject project. No impact is assessed. 28 Rev. 12/13/07 4 Q GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact X a-c) No Impact. The project's size of 12 detached single-family dwelling units and 3 second dwelling units is consistent with the intensity of the surrounding land uses. The area surrounding the proposed development is designated for residential development and was analyzed accordingly in the Zone 20 Local Facilities Management Plan and the Zone 20 Specific Plan EIR. As indicated above in Section IX., the density of the proposed development is consistent with the City of Carlsbad General Plan. The project will not displace people or existing housing, thus necessitating the construction of replacement housing elsewhere. No impact is assessed. 29 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a.i. - a.v.) No Impact. The project's size of 12 detached single-family dwelling units and 3 second dwelling units 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.). The proposed project shall be subject to the conditions and facility service level requirements within the Local Facilities Management Plan for Zone 20. Therefore, no significant public service impacts will occur as a result of this project. No impact assessed. 30 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a-b) No Impact. The project's size of 12 detached single-family dwelling units and 3 second dwelling units will not result in the deterioration of existing neighborhood or regional parks or cause such parks to be expanded. The development of this site is anticipated by the General Plan, and in accordance with the Zone 20 Local Facilities Management Plan the project is conditioned to pay park-in-lieu fees to Park District 3. Therefore, no adverse physical effect on the environment will occur as a result of this project. No impact is assessed. Rev. 12/13/07 Ui GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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) d) Result in a change in air traffic patterns, including either an increase in traffic levels location that results in substantial safety risks? or a change in 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 D D a) Less Than Significant Impact. The 12 proposed single-family homes and 3 second dwelling units will generate 144 Average Daily Trips (ADT), which is not substantial in relation to the existing traffic load and capacity of the street system. 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 will not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. Project associated impacts are therefore considered to be 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: Rancho Santa Fe Road El Camino Real Palomar Airport Road SR78 LOS "A-D" "A-D" "A-D" 32 Rev. 12/13/07 in GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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 are 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 Comprehensive Land Use Plan for the McClellan-Palomar Airport. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) 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. f) 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. The project is located within an area conducive to public transportation, being in close proximity to Poinsettia Lane and Aviara Parkway, both of which are major circulation element roadways. No impact is assessed. 33 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 •_ Seascape 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? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact D D 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 20 Local Facilities Management Plan and the Program EIR for the Zone 20 Specific Plan anticipated residential development on this site and wastewater treatment facilities were planned and designed to accommodate the future residential uses. 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 (4.32 dwelling units per acre) will not result in an overall increase in the City's growth projection in the SW quadrant because there is adequate dwelling unit capacity in the SW Quadrant and 4.6 dwelling units will be withdrawn from the Excess Dwelling Unit Bank in accordance with City Council Policy No 43. 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 is assessed. 34 Rev. 12/13/07 \ \i}_-.-*• GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape Less Than Significant No Impact Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated 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? D a) Potentially Significant Unless Mitigation Incorporated. The proposed project's required mitigation, as outlined in the Biological Resources section of this report, will preclude any possible degradation of the environment or substantial reductions of habitat and wildlife species. Cumulative impacts to sensitive plant and wildlife species within the MHCP Subarea would occur through the proposed project, in absence of the implementation of the HMP, and specifically the adjacent preserve system. However, the implementation of the HMP provides mitigation for these cumulative impacts because the plan has anticipated region-wide impacts and has adopted a preserve system that mitigates for these impacts. The project is consistent with the MCHP guidelines and the HMP regional planning efforts in the City of Carlsbad. Therefore, there will be no cumulative impacts to sensitive upland habitat, and plant and wildlife species. Furthermore, the project's required mitigation as outlined in the Cultural Resources section of this report will preclude any elimination of important examples of major periods of California history or prehistory, thus reducing impacts to less than significant. 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. 35 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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 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) No Impact. Based upon the residential nature of the project and that future development of the site will comply with City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. No impact assessed. 36 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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. 37 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape 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 Program Environmental Impact Report for the Zone 20 Specific Plan (EIR 90-03). Brian F. Mooney Associates. June 1992. 2. Airport Land Use Compatibility Plan for McClellan Palomar Airport. Carlsbad. California. San Diego County Regional Airport Authority, as amended October 4, 2004. 3. Carlsbad General Plan, City of Carlsbad Planning Department, dated March 1994. 4. City of Carlsbad Municipal Code. Title 21 Zoning. City of Carlsbad Planning Department, as updated. 5. City Council Policy 43 - Proposition E "Excess Dwelling" Unit Bank. City of Carlsbad Planning Department, dated April 26, 2005. 6. City Council Policy 44 — Neighborhood Architectural Design Guidelines. City of Carlsbad Planning Department, dated May 2, 2006. 7. City Council Policy 66 - Livable Cities. City of Carlsbad Planning Department, December 11, 2001. 8. Habitat Management Plan for Natural Communities in the City of Carlsbad, City of Carlsbad Planning Department, final approval dated November 2004. 9. An Archeological Survey for the Seascape Project. Brian F. Smith & Associates, April 19, 2007. 10. Habitat Assessment for the Seascape Project. Brian F. Smith & Associates, October 18, 2007. 11. Preliminary Geotechnical Investigation. Proposed Residential Subdivision. Northeast of Avena Court and Black Rail Road. APN'S 215-040-09 and 215-040-11 (Project No. 041256-001). Leighton and Associates, Inc., September 29, 2004. 12. Hydrology Calculations for Seascape (Job No. 1269). CIVCOM & Associates, dated March 11, 2008. 13. Preliminary Storm Water Prevention Plan for Seascape. CIVCOM & Associates, dated March 14, 2008. 14. City of Carlsbad Geotechnical Hazards Analysis and Mapping Study. Catastrophic Dam Failure Inundation. Tsunami and Seiche Hazard Zone Maps. City of Carlsbad Planning Department, September 1992. 15. Phase I Environmental Site Assessment. APNS 215-040-09 and 215-040-11. Black Rail Road. Carlsbad. California (Project No. LES-04-001Rep01). LaMontagne Engineering Services, October 6, 2004. 38 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello II Segment of the City of Carlsbad Local Coastal Program, the applicant shall provide payment of an agricultural conversion mitigation fee, the amount of which shall not be less than $10,000 for each net converted acre (5.05 acres) of non-prime agricultural land. The fee shall be paid prior to final map, or issuance of grading permit or building permit, whichever occurs first. 2. Fire Management: The project shall provide a 60-foot wide Fire Suppression Zone separating the structures proposed on Lots 11 & 12 from the HMP Preserve boundary. Fire Suppression Zones 2 and 3, located closest to the HMP Preserve boundary, shall be planted with a low water use, naturalizing plant species, known to have low fuel characteristics. 3. Erosion Control: Prior to issuance of a grading permit, the applicant shall obtain approval of an erosion control plan. The plan shall identify areas susceptible to erosion on the property and immediately adjacent to the HMP Preserve. All potentially sensitive slopes shall be stabilized and, if necessary, planted with native vegetation consistent with the plant community in the adjacent preserve. The erosion control plan shall contain elements preventing runoff and the transport of fertilizers, pesticides, and similar materials into the HMP Preserve. 4. Landscaping Restrictions: The project shall prohibit the use of any non-native, invasive plant species in landscaping adjacent to the HMP Preserve, or in any area where undesirable plant materials may have an opportunity to spread into the preserve area. The Final Landscape Plans prepared for the project shall include a list of HMP non-native invasive plant species that are to be avoided. The project shall control irrigation of landscaping adjacent to the HMP Preserve to prevent runoff from spreading into the preserve. 5. Fencing. Signs and Lighting: A 4 to 5 ft. tall black vinyl coated chain link fence shall be constructed along the entire boundary where Open Space Lot 15 and the existing HMP Preserve Area converge. Signage shall be installed on the fence to educate and inform the public about the goals of the HMP Preserve and to prohibit public access. Lighting in back yards adjacent to the HMP preserve shall be of a minimum necessary for safety and security, and shall be shielded and directed to shine downward and not into the preserve area. Homeowner lighting restrictions shall be included in the project CC&R's. 6. Predator and Exotic Species Control: Project CC&R's shall educate homeowners regarding responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild). For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the HMP Preserve. 7. Archeological mitigation measures shall be implemented as follows: a. Prior to commencement of grading, the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of this agreement will be to establish the requirement of tribal monitoring and to formalize procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. b. Prior to issuance of a grading permit, the project developer shall retain the services of a qualified archeologist to monitor all ground disturbing activities. The applicant shall provide verification that a qualified archeologist has been retained, and verification shall be documented by a letter from the applicant and the archeologist to the Planning Director. c. A qualified archeologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. d. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall 39 Rev. 12/13/07 GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. e. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. f. If any deposits are evaluated as significant under CEQA, mitigation may be required as recommended by the qualified archeologist. 8. 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.) The applicant shall provide verification that a qualified paleontologist has been retained, and verification shall be documented by a letter from the applicant and the paleontologist to the Planning Director. 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. Due to the small nature of some fossils it may be necessary to collect matrix samples for processing through fine mesh screens. e. Any fossils collected shall be prepared to the point of identification and properly curated before they are donated to their final repository. f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. 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. 9. Prior to the recordation of the final map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 10. Developer shall post aircraft noise notification signs in all sales and/or rental -offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). 40 Rev. 12/13/07 V"V GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 Seascape APPLICANT CONCURJRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature 41 Rev. 12/13/07 Page 1 of 5 PROJECT NAME: Seascape FILE NUMBERS: GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09 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 ^180 (Public Resources Code Section 21081.6). Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello II Segment of the City of Carlsbad Local Coastal Program, the applicant shall provide payment of an agricultural conversion mitigation fee, the amount of which shall not be less than $10,000 for each net converted acre (5.05 acres) of non-prime agricultural land. The fee shall be paid prior to final map, or issuance of grading permit or building permit, whichever occurs first. Project Planning 2. Fire Management: The project shall provide a 60-foot wide Fire Suppression Zone separating the structures proposed on Lots 11 & 12 from the HMP Preserve boundary. Fire Suppression Zones 2 and 3, located closest to the HMP Preserve boundary, shall be planted with a low water use, naturalizing plant species, known to have low fuel characteristics. Project Planning 3. Erosion Control: Prior to issuance of a grading permit, the applicant shall obtain approval of an erosion control plan. The plan shall identify areas susceptible to erosion on the property and immediately adjacent to the HMP Preserve. All potentially sensitive slopes shall be stabilized and, if necessary, planted with native vegetation consistent with the plant community in the adjacent preserve. The erosion control plan shall contain elements preventing runoff and the transport of fertilizers, pesticides, and similar materials into the HMP Preserve. Project Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 2 of 5 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Landscaping Restrictions: The project shall prohibit the use of any non-native, invasive plant species in landscaping adjacent to the HMP Preserve, or in any area where undesirable plant materials may have an opportunity to spread into the preserve area. The Final Landscape Plans prepared for the project shall include a list of HMP non-native invasive plant species that are to be avoided. The project shall control irrigation of landscaping adjacent to the HMP Preserve to prevent runoff from spreading into the preserve. Project Planning 5. Fencing, Signs and Lighting: A 4 to 5 ft. tall black vinyl coated chain link fence shall be constructed along the entire boundary where Open Space Lot 15 and the existing HMP Preserve Area converge. Signage shall be installed on the fence to educate and inform the public about the goals of the HMP Preserve and to prohibit public access. Lighting in back yards adjacent to the. HMP preserve shall be of a minimum necessary for safety and security, and shall be shielded and directed to shine downward and not into the preserve area. Homeowner lighting restrictions shall be included in the project CC&R's. Project Planning 6. Predator and Exotic Species Control: Project CC&R's shall educate homeowners regarding responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild). For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the HMP Preserve. Project Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 3 of 5 Mitigation Measure 7. Archeological mitigation measures shall be implemented as follows: a. Prior to commencement of grading, the developer shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission '.. Indians. The purpose of this agreement will be to establish the requirement of tribal monitoring and to formalize procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground disturbance activities. b. Prior to issuance of a grading permit, the project developer shall retain the services of a qualified archeologist to monitor all ground disturbing activities. The applicant shall provide verification that a qualified archeologist has been retained, and verification shall be documented by a letter from the applicant and the archeologist to the Planning Director. c. A qualified archeologist shall be present at the pre- construction meeting to consult with the grading and excavation contractors. d. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be developed and implemented. e. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. Monitoring Type Project Monitoring Department Planning Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column wilt be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 4 of 5 Mitigation Measure f. If any deposits are evaluated as significant under CEQA, mitigation may be required as recommended by the qualified archeologist. Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks 8. Paleontological mitigation measures shall be implemented as follows: a1.. 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.) The applicant shall provide verification that a qualified paleontologist has been retained, and verification shall be documented by a letter from the applicant and the paleontologist to the Planning Director. 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 Project Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 5 of 5 Mitigation Measure Monitoring - Type Monitoring Department Shown on Plans Verified Implementation Remarks recovery of fossil remains in a timely manner. Due to the small nature of some fossils it may be necessary to collect matrix samples for processing through fine mesh screens. e. Any fossils collected shall be prepared to the point of identification and properly cu rated before they are donated to their final repository.i f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. 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. 9. Prior to the recordation of the final map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Project Planning 10. Developer shall post aircraft noise notification signs in all sales and/or rental, offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). Project Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. O.... 1 PLANNING COMMISSION RESOLUTION NO. 6499 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE 4 ELEMENT OF THE GENERAL PLAN TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) 6 TO RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) AND OPEN SPACE (OS) ON PROPERTY 7 GENERALLY LOCATED ON THE NORTHEAST CORNER OF BLACK RAIL ROAD AND AVENA COURT EAST IN LOCAL 8 FACILITIES MANAGEMENT ZONE 20. o CASE NAME: SEASCAPE CASE NO: GPA05-11 10 WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application with 11 the City of Carlsbad regarding property owned by Ron Vandermooren and Rajeev Bhatia, 13 "Owner," described as: 14 Parcel IB: 15 The Southwest Quarter of the Southwest Quarter of the , f Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and 17 Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and 18 Parcel 2B:19 20 The Southeast Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, 21 Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State 22 of California, according to the official plat thereof; and 23 Parcel 3B: 24 An easement for road and public utility purposes over, under, 25 upon and across the westerly 30 feet of the south half of the Northwest Quarter of the Northwest Quarter of the Northeast 26 Quarter of Section 27, Township 12 South, Range 4 West, San 27 Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat 28 thereof; and 1 Parcel 4B: 2 An easement for road and public utility purposes over, under, 3 along and across the westerly 30 feet of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 4 27, Township 12 South, Range 4 West, San Bernadino Base - and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof 6 ("the Property"); and 7 WHEREAS, said verified application constitutes a request for a General Plan o n Amendment as shown on Exhibit "GPA 05-11" dated November 5, 2008, attached hereto and 10 on file in the Carlsbad Planning Department, SEASCAPE - GPA 05-11, as provided in 11 Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code; 12 and 13 WHEREAS, the Planning Commission did, on November 5, 2008, hold a duly 14 noticed public hearing as prescribed by law to consider said request; and . , WHEREAS, at said public hearing, upon hearing and considering all testimony 17 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 18 relating to the General Plan Amendment. 19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 20 Commission of the City of Carlsbad, as follows: 21 A) That the above recitations are true and correct. 22 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of SEASCAPE - GPA 05-11, based on the 24 following findings: 25 Findings: 2° l. The Planning Commission finds that the project is in conformance with the Elements of 27 the City's General Plan based on the facts set forth in the staff report dated November 5, 2008 including, but not limited to the following: that the proposed change in General 28 Plan Land Use designation from Residential Low-Medium Density (RLM, 0-4 du/ac) to Open Space (OS) for Lots 14 and 15 of CT 05-18 is consistent with the adopted General Plan, in that the General Plan Open Space & Conservation PC RESO NO. 6499 -2- Element encourages the OS designation over buffer areas located adjacent to 2 sensitive environmental areas and constrained undevelopable lands (i.e. major powerline easements). 3 2. The Planning Commission of the City of Carlsbad does hereby find: 4 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05- 6 11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09, the environmental impacts therein identified for this project 7 and said comments thereon, and the Program, on file in the Planning Department, prior to RECOMMENDING ADOPTION of the project; and8 n b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the 10 State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 11 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 13 d. based on the EIA Part II and comments thereon, the Planning Commission, finds 14 that there is no substantial evidence the project will have a significant effect on the environment. 15 3. 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 17 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. 18 Conditions: 19 2f) 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 21 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 22 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 24 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this General Plan Amendment. 25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 26 and modifications to the General Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed 2g development, different from this approval, shall require an amendment to this approval. PC RESO NO. 6499 -3- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, 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 5 with all requirements of law. 7 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this General Plan Amendment, 10 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 11 (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 13 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 14 6. This approval is granted subject to the approval of the Mitigated Negative Declaration 15 and Mitigation Monitoring and Reporting Program, ZC 05-10, LCPA 05-06, and , fi CT 05-18 and is subject to all conditions contained in Planning Commission Resolutions No. 6498, 6500, 6501, and 6502 for those other approvals incorporated herein by 17 reference. 18 19 20 21 22 23 24 25 26 28 PC RESO NO. 6499 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on November 5, 2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery, and Chairperson Whitton ABSENT: Commissioner Douglas ABSTAIN: /FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Planning Director PC RESO NO. 6499 -5- GPA 05-11 Exhibit "GPA 05-11" November 5, 2008 Seascape EXISTING PROPOSED Related Case File No(s): ZC 05-10/ LCPA 05-06/ CT 05-18/ PUD 05-14/ SDP 05-12/ CDP 05-37/ HDP 06-02/ HMP 07-09 A. B. General Plan Land Use Designation Chanc Property 215-040-09 215-040-11 From: RLM RLM es To: RLM/OS RLM/OS COPY 1 PLANNING COMMISSION RESOLUTION NO. 6500 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM LIMITED 4 CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-1) AND OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF BLACK RAIL ROAD 6 AND AVENA COURT EAST IN LOCAL FACILITIES MANAGEMENT ZONE 20. 7 CASE NAME: SEASCAPE CASE NO: ZC 05-108 p WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application with 10 the City of Carlsbad regarding property owned by Ron Vandermooren and Rajeev Bhatia, 11 "Owner," described as: 12 Parcel IB: 13 The Southwest Quarter of the Southwest Quarter of the 14 Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and ^ Meridian, in the City of Carlsbad, County of San Diego, State , f of California, according to the official plat thereof; and 17 Parcel 2B: 18 The Southeast Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and 20 Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and 21 Parcel 3B: 22 _- An easement for road and public utility purposes over, under, upon and across the westerly 30 feet of the south half of the 24 Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San 25 Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat " thereof; and 27 Parcel 4B: 28 An easement for road and public utility purposes over, under, along and across the westerly 30 feet of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base 2 and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof 3 ("the Property"); and 4 WHEREAS, said application constitutes a request for a Zone Change as shown on 6 Exhibit "ZC 05-10" dated November 5, 2008, attached hereto and on file in the Planning 7 Department, SEASCAPE - ZC 05-10, as provided by Chapter 21.52 of the Carlsbad Municipal 8 Code; and 9 WHEREAS, the proposed Zone Change (ZC 05-10) is set forth in draft City 10 Council Ordinance, Exhibit "X", dated November 5, 2008 and attached hereto as 11 SEASCAPE; and 13 WHEREAS, the Planning Commission did on November 5, 2008, hold a duly 14 noticed public hearing as prescribed by law to consider said request; and 15 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 17 relating to the Zone Change. 18 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 20 Commission as follows: 21 A) That the foregoing recitations are true and correct. 22 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of SEASCAPE - ZC 05-10, based on the following findings and subject to the following conditions: 24 Findings: 25 1. That the proposed Zone Change from Limited Control (L-C) to One-Family 26 Residential (R-l) and Opens Space (OS) is consistent with the goals and policies of the ~7 various elements of the General Plan, in that the proposed zones replace the L-C Zone which is intended to be an interim zoning designation. The proposed R-l and OS 28 Zones are consistent with the Residential Low-Medium Density (RLM, 0-4 du/ac) and Open Space (OS) General Plan designations and the Zone 20 Specific Plan (SP 203), which was earlier found to be consistent with the General Plan. PC RESO NO. 6500 -2- 2. That the Zone Change will provide consistency between the General Plan and Zoning as 2 mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the zone designations shown on Exhibit "ZC 05-10" attached hereto, 3 implement the General Plan Land Use designations of RLM and OS. 4 3. That the Zone Change is consistent with the public convenience, necessity, and general welfare, and is consistent with sound planning principles in that residential and open space uses allowed by the proposed zone change are compatible with the adjacent 6 and future residential and open space uses. 7 4. The Planning Commission of the City of Carlsbad does hereby find: o a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and o Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05- 11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 10 06-02/HMP 07-09, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Department, 11 prior to RECOMMENDING ADOPTION of the project; and 12 b. the Mitigated Negative Declaration and the Program have been prepared in 13 accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of 14 Carlsbad; and 15 c. they reflect the independent judgment of the Planning Commission of the City of , fi Carlsbad; and 17 d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on 18 the environment. 5. The Planning Commission has reviewed each of the exactions imposed on the Developer 2Q 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 21 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 24 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 25 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 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 28 or a successor in interest by the City's approval of this Zone Change. PCRESONO. 6500 -3- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 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 3 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 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 Zone Change, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, 14 in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 17 6. This approval is granted subject to the approval of the Mitigated Negative Declaration 18 and Mitigation Monitoring and Reporting Program, GPA 05-11, LCPA 05-06, and CT 05-18 and is subject to all conditions contained in Planning Commission Resolutions No. 6498, 6499, 6501, and 6502 for those other approvals incorporated herein by 2Q reference. 21 22 23 24 25 26 27 28 PC RESO NO. 6500 -4- 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 "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, held on November 5,2008, by the following vote, to wit: AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery, 16 and Chairperson Whitton 17 NOES: 18 ABSENT: Commissioner Douglas 19 ABSTAIN: 20 " 21 22 FRANK H. WHITTON, Chairperson^ 23 CARLSBAD PLANNING COMMISSION 24 ii ATTEST:25 26 27 DON NEU 28 Planning Director PC RESO NO. 6500 -5- Exhibit "X" November 5, 2008 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) AND OPEN SPACE (OS) ON PROPERTY GENERALLY 5 LOCATED ON THE NORTHEAST CORNER OF BLACK RAIL ROAD AND AVENA COURT EAST IN LOCAL FACILITIES 6 MANAGEMENT ZONE 20. CASE NAME: SEASCAPE 7 CASE NO.: ZC 05-10 8 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 9 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the 10 City's zoning map, is amended as shown on the map marked Exhibit "ZC 05-10," dated November 5, 2008 attached hereto and made a part hereof.12 SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6500 constitute the findings and conditions of the14 City Council. EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days16 after its adoption but not until Local Coastal Program Amendment LCPA 05-06 is approved by the California Coastal Commission, and the City Clerk shall certify to the adoption of this18 ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. 21 22 23 24 25 26 27 28 -1--73 Exhibit "X" November 5, 2008 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the day of 2008, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 7 8 CLAUDE A. LEWIS, Mayor 9n ATTEST: 10 11 12 LORRAINE M. WOOD, City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- ZC 05-10 Exhibit "ZC 05-10" November 5, 2008 Seascape ^^f^#£fc%£; EXISTING PROPOSED Related Case File No(s): GPA 05-11/ LCPA 05-06/ CT 05-18/ PUD 05-14/ SDP OS-12/ CDP 05-37/ HDP 06-02/ HMP 07-09 Zoning Designation Changes Property A. B. 215-040-09 215-040-11 From: L-C L-C To: R-1/OS R-1/OS COPY 1 PLANNING COMMISSION RESOLUTION NO. 6501 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM 4 AMENDMENT TO CHANGE THE LOCAL COASTAL PROGRAM LAND USE DESIGNATION FROM RESIDENTIAL 5 LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) TO 6 RESIDENTIAL LOW-MEDIUM DENSITY (RLM, 0-4 DU/AC) AND OPEN SPACE (OS) AND THE LOCAL COASTAL 7 PROGRAM ZONING DESIGNATION FROM LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-l) AND 8 OPEN SPACE (OS) ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF BLACK RAIL ROAD AND AVENA COURT EAST IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: SEASCAPE 11 CASE NO: LCPA 05-06 171 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 14 WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application for an 15 amendment to the Local Coastal Program designations regarding property owned by Ron16 Vandermooren and Rajeev Bhatia, "Owner," described as: 18 Parcel IB: The Southwest Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and 21 Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and 22 Parcel 2B:23 24 The Southeast Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, 25 Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State 26 of California, according to the official plat thereof; and 27 Parcel 3B: 28 An easement for road and public utility purposes over, under, upon and across the westerly 30 feet of the south half of the Northwest Quarter of the Northwest Quarter of the Northeast 1 Quarter of Section 27, Township 12 South, Range 4 West, San 2 Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat 3 thereof; and 4 Parcel 4B: An easement for road and public utility purposes over, under, 5 along and across the westerly 30 feet of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 7 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof 9 ("the Property"); and 10 WHEREAS, said verified application constitutes a request for a Local Coastal 11 Program Amendment as shown on Exhibit "LCPA 05-06" dated November 5, 2008, attached 13 hereto, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, 14 Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California * 5 Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on November 5, 2008, hold a duly 17 noticed public hearing as prescribed by law to consider said request; and 18 WHEREAS, at said public hearing, upon hearing and considering all testimony 20 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 21 relating to the Local Coastal Program Amendment; and 22 WHEREAS, State Coastal Guidelines requires a six-week public review period 23 for any amendment to the Local Coastal Program. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 25 Commission of the City of Carlsbad, as follows:26 27 A) That the foregoing recitations are true and correct. 28 B) At the end of the State-mandated six-week review period, starting on August 8, 2008 and ending on September 19, 2008, staff shall present to the City Council a summary of the comments received. PC RESO NO. 6501 -2- ' f C) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of SEASCAPE - LCPA 05-06, based on the following findings, and subject to the following conditions: 3 Findings; 4 . That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed Local Coastal Program RLM and OS land use designation and R-l and OS zoning designations are consistent with the Residential Low-Medium Density (RLM, 0-4 du/ac) and Open Space (OS) Land Use designations, the One-Family Residential (R-l) and Open Space (OS) Zoning designations, and the Zone 20 Specific Plan (203); the development does not obstruct public views of the coastline as seen from public lands or rights-of-way; the 10 project has been conditioned to comply with erosion and storm water control measures; and no sensitive resources, public access areas or water oriented 11 recreational activities exist on or near the site; the site is located over 1 mile from Batiquitos Lagoon and approximately 1.5 miles from the Pacific Ocean and no coastal access areas or water-oriented recreational activities exist on or near the , , site; and the project is required to provide drainage and erosion control measures. 14 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required to bring the property's Local Coastal Program Land Use and 15 Zoning designations into consistency with the General Plan Land Use designation, Zoning designation, and the Zone 20 Specific Plan. 16 3. That the project is conditioned to provide the payment of an agricultural conversion mitigation fee in the amount of $10,000/acre, which will mitigate the loss of agricultural resources by preserving or enhancing other important coastal resources. 19 4. The Planning Commission of the City of Carlsbad does hereby find: 20 . it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05- 22 H/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09, the environmental impacts therein identified for this project 23 and said comments thereon, and the Program, on file in the Planning Department, prior to RECOMMENDING ADOPTION of the project; and 24 b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the 26 State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 27 c. they reflect the independent judgment of the Planning Commission of the City of 28 Carlsbad; and PCRESONO. 6501 -3- d. based on the EIA Part II and comments thereon, the Planning Commission, finds 2 that there is no substantial evidence the project will have a significant effect on the environment. 3 The Planning Commission has reviewed each of the exactions imposed on the Developer 4 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 7 If any of the following conditions fail to occur, or if they are, by their terms, to be 8 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 11 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 12 or a successor in interest by the City's approval of this Local Coastal Program Amendment. 14 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Local Coastal Program Amendment documents, as necessary 15 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. 17 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. 19 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies 22 with all requirements of law. 23 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 25 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 Local Coastal Program 26 Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation PC RESO NO. 6501 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 05-11, ZC 05-10, and CT 05-18 and is subject to all conditions contained in Planning Commission Resolutions No. 6498, 6499, 6500, 6502 for those other approvals incorporated herein by reference. PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on November 5, 2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery, and Chairperson Whitton ABSENT: Commissioner Douglas ABSTAIN: <RANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: 0.x. DON NEU Planning Director PCRESONO. 6501 -5- LCPA 05-06 (Land Use) Exhibit "LCPA 05-06" November 5, 2008 Seascape EXISTING PROPOSED Related Case File No(s): GPA 05-11/ ZC 05-10/ CT 05-18/ PUD 05-14/ SDP 05-12/ CDP 05-371 HDP 06-021 HMP 07-09 LCPA Land Use Designation Changes Property A. 215-040-09 B. 215-040-11 From: RLM RLM To: RLM/OS RLM/OS COPY LCPA 05-06 (Zoning) Exhibit "LCPA 05-06" November 5, 2008 Seascape EXISTING PROPOSED Related Case File No(s): GPA 05-11/ ZC OS-10/ CT 05-18/ PUD 05-14/ SDP 05-12/ CDP 05-37/ HDP 06-02/ HMP 07-09 LCPA Zoning Designation Changes A. B. Property 215-040-09 215-040-11 From: L-C L-C To: R-1/OS R-1/OS BEST COPY PLANNING COMMISSION RESOLUTION NO. 6502 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 05-18 TO SUBDIVIDE A 5.05-ACRE 3 SITE INTO TWELVE (12) RESIDENTIAL LOTS, TWO (2) OPEN SPACE LOTS, AND ONE (1) PRIVATE STREET LOT 4 ON PROPERTY GENERALLY LOCATED ON THE 5 NORTHEAST CORNER OF BLACK RAIL ROAD AND AVENA COURT EAST IN LOCAL FACILITIES 6 MANAGEMENT ZONE 20. CASE NAME: SEASCAPE 7 CASE NO.: CT 05-18 o WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application with 9 the City of Carlsbad regarding property owned by Ron Vandermooren and Rajeev Bhatia, 10 "Owner," described as: 12 Parcel IB: 13 The Southwest Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, 14 Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and 16 Parcel 2B: 17 The Southeast Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, IQ Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State 20 of California, according to the official plat thereof; and 21 Parcel 3B: 22 An easement for road and public utility purposes over, under, 23 upon and across the westerly 30 feet of the south half of the Northwest Quarter of the Northwest Quarter of the Northeast 24 Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat 26 thereof; and 27 Parcel 4B: 2° An easement for road and public utility purposes over, under, along and across the westerly 30 feet of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of Section (Yj , 27, Township 12 South, Range 4 West, San Bernadino Base 2 and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof 3 ("the Property"); and 4 , WHEREAS, said verified application constitutes a request for a Tentative Tract 6 Map as shown on Exhibits "A" - "BB" dated November 5, 2008, on file in the Planning 7 Department SEASCAPE - CT 05-18, as provided by Chapter 20.12 of the Carlsbad Municipal o Code; and 9 WHEREAS, the Planning Commission did, on November 5, 2008, hold a duly 10 noticed public hearing as prescribed by law to consider said request; and •.j WHEREAS, at said public hearing, upon hearing and considering all testimony 13 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 14 relating to the Tentative Tract Map. 15 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 16 Commission of the City of Carlsbad as follows: 17 A) That the foregoing recitations are true and correct. 18 , n B) That based on the evidence presented at the public hearing, the Commission APPROVES SEASCAPE - CT 05-18, based on the following findings and 20 subject to the following conditions: 21 Findings; 22 1. That the proposed map and the proposed design and improvement of the subdivision as 23 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 24 Subdivision Map Act, and will not cause serious public health problems, in that the project implements the goals and policies of the General Plan as discussed in the staff report; is consistent with all the minimum requirements of Titles 20 and 21 26 governing lot size and configuration; and that the project has been designed to comply with all applicable City regulations, including the Zone 20 Specific Plan (SP 27 203). 28 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development and Open Space on PC RESO NO. 6502 -2- the General Plan, and are developed with single-family residential development with 2 a comparable density. 3 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that all required development standards and design criteria required by r the applicable zoning ordinances are incorporated into the project without the need for variances from development standards. 6 4. That the design of the subdivision or the type of improvements will not conflict with 7 easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts 9 with established easements. 10 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act).11 12 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the structures are 13 oriented to allow for solar exposure and take advantage of prevailing breezes. 14 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental 16 resources. 17 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 site has been previously disturbed by agricultural activities and no 19 sensitive plant or animal habitats are present onsite. An open space easement, consisting of a 20-foot wide habitat buffer area and 60 foot wide Fire Suppression 20 Zone, is provided along the east property line between development and the existing HMP Hardline Preserve, which restricts development and any encroachments into 21 the preserve. 22 9. That the discharge of waste from the subdivision will not result in violation of existing 23 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with Best Management Practices for water quality 24 protection in accordance with the City's drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. 26 10. The Planning Commission finds that the project, as conditioned herein, is in 27 conformance with the Elements of the City's General Plan and Specific Plan 203 based on the facts set forth in the staff report dated November 5, 2008 including, but not limited to the following: PC RESO NO. 6502 -3- a. Land Use - The project's proposed density is 4.32 dwelling units per acre, 2 which is above the RLM density range of 0-4 dwelling units per acre and the GMCP of 3.2 dwelling units per acre. However, the Land Use Element of the 3 Carlsbad General Plan recognizes that there are exceptional cases where the base zone (R-l-7,500) is consistent with the Land Use designation (RLM) but 4 would permit a slightly higher yield (maximum of 5 du/ac) then that <- recommended in the low-medium density residential classification provided three findings are made. As discussed in the staff report all three findings 6 can be made. At the GMCP, 10.37 dwelling units would be permitted based on 3.24 net developable acres. However, consistent with Program 3.8 of the 7 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, including fractional 9 units, are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects and 4.63 excess 10 dwelling units would be allocated for this project in accordance with City Council Policy 43.11 12 b. Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance in that the applicant is 13 proposing to enter into an Affordable Housing Agreement to construct two (2) affordable second dwelling units on site. 14 c. Public Safety - The project includes or has been conditioned to provide facilities to ensure that the development proposal complies with the required 15 Fire Suppression Zones, emergency access, fire hydrant locations, and fire flow requirements. 17 d. Open Space & Conservation - The project will utilize Best Management Practices for control of storm water and to protect water quality, will 19 conform to all National Pollution Discharge Elimination System (NPDES) requirements, and for purposes of habitat protection will provide an open 20 space lot (Lot 15) located between the proposed residences (i.e., development area) and the boundaries of the existing HMP Hardline Preserve area 21 adjacent to the project site along the eastern property line. This area will 9? encompass the HMP 20 ft. wide upland habitat buffer area that is required between proposed development and preserved habitat areas. 23 e. Circulation - Project access is via Avena Court East, Private Street "A", and 24 the extension of Surf Crest Street. All public and private streets will be developed and improved in accordance with the City's adopted street standards. 26 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 27 Facilities Management Plan for Zone 20 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or ^ Oz° provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational PC RESO NO. 6502 -4- facilities; libraries; government administrative facilities; and open space, related to the 2 project will be installed to serve new development prior to or concurrent with need. Specifically, 3 a. The project has been conditioned to provide proof from the Carlsbad Unified 4 School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and 6 will be collected prior to issuance of building permit. 7 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.8 9 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 10 requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will, ensure continued availability of * * public facilities and will mitigate any cumulative impacts created by the project. 12 13. This project has been conditioned to comply with any requirement approved as part of the 13 Local Facilities Management Plan for Zone 20. 14 14. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facility plans will not be adversely impacted, in that the proposed project's ultimate demand for 15 public services is within the capacity limits of the existing public facilities and no new facilities are required to be constructed to accommodate the proposed use. 17 15. That there have been sufficient developments approved in the quadrant at densities below the control point to offset the units in the project above the control point so that approval j9 will not result in exceeding the quadrant limit. 20 16. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them 21 created by this project and in compliance with adopted City standards. 22 17. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 23 Code Section 14.28.020 and Landscape Manual Section I B). 24 18. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and 26 provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth 27 Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for 2° the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each PC RESO NO. 6502 -5- new development will contribute to the need for additional regional infrastructure that, in 2 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 3 Habitat Management Plan. 19. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and 6 Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05- 11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Department, prior to RECOMMENDING ADOPTION of the project; and 9 b. the Mitigated Negative Declaration and the Program have been prepared in 10 accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 12 c. they reflect the independent judgment of the Planning Commission of the City of 13 Carlsbad; and d. based on the EIA Part II and comments thereon, the Planning Commission, finds 1 ^ that there is no substantial evidence the project will have a significant effect on the environment. 16 20. The Planning Commission has reviewed each of the exactions imposed on the Developer 17 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. 19 „ ,. .Conditions: 20 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the 21 recordation of the final map or issuance of a grading permit, whichever occurs first. 22 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 23 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 24 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 27 or a successor in interest by the City's approval of this Tentative Tract Map. 28 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 PC RESO NO. 6502 -6- internally consistent and in conformity with the final action on the project. Development 2 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 4 regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment 6 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 7 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. 9 5. Developer shall implement, or cause the implementation of, the SEASCAPE - GPA 05- 10 11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 02/HMP 07-09 Project Mitigation Monitoring and Reporting Program. , ~ 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 13 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 14 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 nondiscretionary, in connection with the use contemplated herein, and |g (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 17 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. 19 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 20 the Tentative Map reflecting the conditions approved by the final decision-making body. 21 8. Developer shall include, as part of the plans submitted for any permit plancheck, a ~_ reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 23 9. Prior to the issuance of a building permit, the Developer shall provide proof to the 24 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. £,O 26 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to 27 that Plan prior to the issuance of building permits. ° 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that PC RESO NO. 6502 -7- adequate water service and sewer facilities, respectively, are available to the project at the 2 time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect 3 shall be placed on the Final Map. 12. This approval is granted subject to the approval of a Mitigated Negative Declaration 5 and Mitigation Monitoring & Reporting Program, GPA 05-11, ZC 05-10, LCPA 05- 06, PUD 05-14, SDP 05-12, CDP 05-37, HDP 06-02, and HMP 07-09 and is subject to 6 all conditions contained in Planning Commission Resolutions No. 6498, 6499, 6500, 6501, 6503, 6504, 6505, 6506, and 6507, for those other approvals incorporated herein by reference. o 13. Prior to the approval of the final map for any phase of this project, or where a map is not 9 being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and 10 deed restrict two (2) second dwelling units proposed on Lots 8 and 9 as affordable to lower-income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing 12 Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding 13 on all future owners and successors in interest. 14. Developer shall construct the required inclusionary units concurrent with the project's market rate units, unless both the final decision-making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for \ 6 development. 17 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 20 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the 22 project's building, improvement, and grading plans. 23 17. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved 24 by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: 27 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. PC RESO NO. 6502 -8- b. Notice and Amendment. A copy of any proposed amendment shall be provided to 2 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 3 transmitted to City within 30 days for the official record. Failure of Association to Maintain Common Area Lots and Easements. In the _ event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section 6 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 7 written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's 10 Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 12 d. Special Assessments Levied by the City. In the event the City has performed the 13 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 14 incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said 17 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 , g 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 20 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 21 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 23 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 24 assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 27 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit 28 PC RESO NO. 6502 -9- f. Balconies, trellis, and decks. The individual lot or unit owner allowances and 2 prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit 3 M g. Landscape Material Restrictions; Restrictions to landscape materials adjacent to conserved habitat areas shall be as set forth in Exhibit . - Invasive/exotic species not to be used shall include those listed on Lists A and B of the ("Exotic Plants of Greatest Ecological Concerns in California' 6 adopted by the California Exotic Pest Plants Council, October 1999. 7 h. Lighting Restrictions on Private Residential Lots: Restrictions on lighting within residential lots adjacent to adjacent to open space conservation areas shall be as set forth in Exhibit 9..Fire Suppression Zones: A disclosure shall be included identifying all lots 10 where Fire Suppression Zones extend into private rear yard areas. The disclosures shall include a site plan of the lot, location of the Fire Suppression '' Zones, and the fuel modification standards required for the various zones. 12 j. Aircraft Noise Disclosure: A disclosure shall be included that this property is 13 subject to overflight, sight and sound of aircraft operating from McClellan- Palomar Airport. 14 18. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 17 Local Facilities Management Plan fee for Zone 20, 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 1 ° approval will not be consistent with the General Plan and shall become void. 19 19. Developer shall submit a street name list consistent with the City's street name policy 20 subject to the Planning Director's approval prior to final map approval. 21 20. Prior to the issuance of any permits for the project, the applicant shall submit to the Planning Director a digital copy of the biology report exhibits in AutoCAD DWG or ESRI-Shape-File Format registered to CCS zone 6 NAD 83. The Planning Director has 23 the discretion to waive this condition based on factors such as the scope of the study and the format in which the exhibits were prepared. 24 21. 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/r 22. Prior to the recordation of the Final Map, Developer shall submit to the City a Notice 27 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 28 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Tentative Tract Map, Planned Development Permit, Site PC RESO NO. 6502 -10- Development Plan, Coastal Development Permit, Hillside Development Permit, and 2 Habitat Management Permit by Resolutions No. 6502, 6503, 6504, 6505, 6506, and 6507 on the property. Said Notice of Restriction shall note the property description, 3 location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. ^ The Planning Director has the authority to execute and record an amendment to the notice - which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 6 23. If satisfaction of the school facility requirement involves a Mello-Roos Community 7 Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer 9 shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for 10 the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information , o regarding those fees or taxes can be obtained. 13 24. 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 14 or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 15 25. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain 17 posted until ALL of the units are sold. 10 26. Prior to the recordation of the first final tract map or the issuance of building permits, i Q 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 20 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). 21 27. 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 23 approved by the Planning Director (see Noise Form #3 on file in the Planning Department). 24 28. Developer shall provide a minimum of 25 percent of the lots with adequate sideyard area for Recreational Vehicle storage pursuant to City Standards and the Zone 20 Specific 26 Plan. The CC&Rs shall prohibit the storage of recreational vehicles in the required front yard setback. 27 29. Developer shall dedicate, on the final map, an open space easement for those portions of 2° lots 14 and 15 which are (in slopes, wetlands, coastal sage scrub, or other constrained PC RESO NO. 6502 -11- land plus all other lands set aside as part of the Citywide Open Space System) to prohibit 2 any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, as shown on Exhibit(s) "A" - 3 "BB". 30. Removal of native vegetation and development of Open Space Lot(s) 14 and 15, <- including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, other than that approved as part of (the grading plan, improvement 6 plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit "A" - "BB", is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a request from the Homeowners Association accompanied by a report from a qualified 9 arborist/botanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing 10 native vegetation, the report required to accompany the request shall be prepared by a qualified biologist. 31. Disclosures shall be prepared for the homeowner's signature on all lots where Fire Suppression Zones extend into the private rear yard area. The disclosure shall 13 include a site plan of the lot, location of the Fire Suppression Zones, and the fuel modification standards required for the various zones. 14 1,. Engineering; 16 General 17 32. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 19 33. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other 20 recorded document, for maintaining the private easements within the subdivision and all the private improvements (e.g. driveways, sidewalks, utilities, water quality treatment facilities and private storm drain improvements, etc.) located therein and to distribute the ~~ costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 23 34. There shall be one Final Map recorded for this project. 24 35. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The limits of these sight distance corridors shall be reflected on all improvement, grading, or landscape plans prepared in association with this development. 27 Fees/Agreements 28 36. Developer shall cause property owner to execute and submit to the City Engineer for PC RESO NO. 6502 -12- recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 2 37. Prior to approval of any grading or building permits for this project, Developer shall 3 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 ^ Lighting and Landscaping District No. 1 and/or to the formation or annexation into an - additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 6 Grading 7 38. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall apply for and 9 obtain a grading permit from the City Engineer prior to issuance of a building permit. 10 39. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains records and submits a 11 recorded copy to the City Engineer a grading or slope easement or agreement from the , 2 owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must 13 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 14 conformance from both the City Engineer and Planning Director. 40. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the 16 City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a 17 contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" 1 ° x 36" mylar or similar drafting film format suitable for a permanent record. 19 41. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer 20 receipt of a Notice of Intention from the State Water Resources Control Board. 21 42. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's Standard Urban Storm Water Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to 23 best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level 24 prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be 2-* limited to notifying prospective owners and tenants of the following: 26 a. All owners and tenants shall coordinate efforts to establish or work with 27 established disposal programs to remove and properly dispose of toxic and hazardous waste products. 28 b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, PC RESO NO. 6502 -13- antifreeze, solvents, paints, paint thinners, wood preservatives, and other such 2 fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, 3 herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective 4 containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants 6 when planning any changes to the landscaping and surface improvements. 7 43. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions 9 established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce 10 to the maximum extent practicable storm water pollutant runoff during construction of the project. 11 12 44. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 13 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego 14 Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction 16 stage of the project. At a minimum, the SWMP shall: 17 a. Identify existing and post-development on-site pollutants-of-concern. 1 810 b. Identify the hydrologic unit this project contributes to and impaired water bodies , n that could be impacted by this project. 20 c. Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the 21 maximum extent practicable before discharging offsite. d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education 23 on the proper procedures for handling cleanup and disposal of pollutants. 24 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. 9 ^f. Identify how post-construction runoff rates and velocities from the site will not *,- exceed the pre-construction runoff rates and velocities to the maximum extent2o . ,,practicable. 27 45. Developer shall cause property owner to process, execute and submit an executed copy to 28 the City Engineer for recordation a City standard Permanent Stormwater Quality Best PC RESO NO. 6502 -14- Management Practice Maintenance Agreement for the perpetual maintenance of all 2 treatment control, applicable site design and source control, post-construction permanent 3 46. 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.4 5 Dedications/Improvements 6 47. Developer shall cause Owner to make an offer of dedication to the City and/or other appropriate entities for the Sewer, Water and Storm Drainage easements shown on the 7 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 liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 9 48. Additional drainage easements may be required. Developer shall dedicate and provide or 10 install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 49. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform 13 to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement 14 plan check and inspection fees. 50. Developer shall provide for the design of water quality treatment systems to the satisfaction of the City Engineer. Additional Structural BMP devices may be required to comply with the current City of Carlsbad Standard Urban Storm Water 17 Mitigation Plan (SUSMP). 51. Developer shall execute a City standard Subdivision Improvement Agreement to install , g and secure with appropriate security as provided by law, public improvements shown on the tentative map. These improvements include, but are not limited to paving, base, 20 signing & striping, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, 21 pedestrian ramps, drainage structures, and best management practices for stormwater treatment. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, these improvements include: 23 a. Reconstruction, replacement and repair of adjacent improvements to Surf 24 Crest Street, Avena Court East, and Black Rail Road where the subdivision transitions and connects to existing improvements. b. 8" Sewer main, cleanouts and access structures to serve Lots 1 through 9 on Private Street "A" and on Surf Crest Street to serve adjacent lots. 27 c. Water main, valves, meters and appurtenances to serve Lots 1 through 9 on 2° Private Street "A" and on Surf Crest Street to serve adjacent lots. PC RESO NO. 6502 -15- d. Storm Drain repair and reconstruction on Surf Crest as shown on the 2 tentative map for this project. 3 (A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act). Improvements listed above 4 shall be constructed within 18 months of approval of the subdivision or development t. improvement agreement or such other time as provided in said agreement. 6 52. Prior to issuance of building permits, Developer shall underground all existing overhead utilities along and within the subdivision boundary. 7 53. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting Avena Court East and Black Rail Road. 9 Final Map Notes 10 Add the following notes to the final map as non-mapping data. 17 54. All improvements are privately owned and are to be privately maintained with the exception of the following: 13 a. The 8" sewer main and access hole on street "A". 14 b. Water Mains specifically shown as public water mains, fire hydrants and related appurtenances on improvement plans for this project. 16 c. Improvements to Avena Court East and Surf Crest Street including but not limited 17 to: Curbs, gutter, A.C. paving, street lights, storm drains. Storm Water treatment control facilities are considered private with required maintenance. 18 , 9 55. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 20 56. Geotechnical Caution: 21 a. 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 23 that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this 24 subdivision due to its construction, operation or maintenance. 57. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to ~/- encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards. 27 Utilities 28 58. Prior to approval of improvement plans or final map, Developer shall meet with the Fire PC RESO NO. 6502 -16- Marshal to determine if fire protection measures (fire flows, fire hydrant locations, 2 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 3 satisfaction of the District Engineer. 4 59. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges r for connection to public facilities. 6 60. The Developer shall install potable water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement 7 plans. o 61. The Developer shall install sewer laterals and clean-outs at locations approved by the n District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 10 Code Reminders:11 , ~ The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 13 62. The tentative map shall expire within two (2) years of Coastal Commission approval 14 of LCPA 05-06. 63. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as 16 required by Chapter 20.44 of the Carlsbad Municipal Code. 17 64. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code.18 in 65. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building 20 permit issuance, except as otherwise specifically provided herein. 21 66. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 23 67. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 24 68. 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 2g Director prior to installation of such signs. 27 28 PC RESO NO. 6502 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of approval to protest imposition of these 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 November 5, 2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery, and Chairperson Whitton ABSENT: Commissioner Douglas ABSTAIN: H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6502 -18- 1 PLANNING COMMISSION RESOLUTION NO. 6503 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT FOR TEN (10) SINGLE- 4 FAMILY RESIDENTIAL LOTS, ONE (1) PRIVATE STREET LOT, AND THE CONSTRUCTION OF TEN (10) SINGLE- FAMILY RESIDENCES AND TWO (2) SECOND DWELLING 6 UNITS OVER A PORTION OF A 5.05 ACRE SITE INDENTIFIED AS LOTS 1-10 AND 13 OF CT 05-18 ON 7 PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF BLACK RAIL ROAD AND AVENA COURT 8 EAST IN LOCAL FACILITIES MANAGEMENT ZONE 20. 9 CASE NAME: SEASCAPE CASE NO.: PUD 05-14 10 WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application with ,2 the City of Carlsbad regarding property owned by Ron Vandermooren and Rajeev Bhatia, 13 "Owner," described as: 14 Parcel IB: The Southwest Quarter of the Southwest Quarter of the 16 Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and 17 Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and 19 Parcel 2B: 20 The Southeast Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, 21 Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and 23 Parcel 3B: 24 An easement for road and public utility purposes over, under, upon and across the westerly 30 feet of the south half of the 26 Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San 27 Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat 28 thereof; and 1 Parcel 4B: 2 An easement for road and public utility purposes over, under, 3 along and across the westerly 30 feet of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 4 27, Township 12 South, Range 4 West, San Bernadino Base <- and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof 6 ("the Property"); and 7 WHEREAS, said verified application constitutes a request for a Planned8 9 Development Permit as shown on Exhibits "A" - "BB" dated November 5, 2008, on file in the 10 Planning Department, SEASCAPE - PUD 05-14, as provided by Chapter 21.45 of the Carlsbad 1 * Municipal Code; and 12 WHEREAS, the Planning Commission did, on November 5, 2008, hold a duly 13 noticed public hearing as prescribed by law to consider said request; and 14 WHEREAS, at said public hearing, upon hearing and considering all testimony 15 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 17 relating to the Planned Development Permit. 18 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 19 Commission of the City of Carlsbad as follows: 20 A) That the foregoing recitations are true and correct. 21 __ B) That based on the evidence presented at the public hearing, the Commission APPROVES SEASCAPE - PUD 05-14, based on the following findings and 23 subject to the following conditions: 24 Findings: 25 l. That the proposed project complies with all applicable development standards included ™fi within this chapter, in that the proposed project as described in Attachments 15-18 of the project staff report is consistent with Chapter 21.45 of the Carlsbad Municipal 27 Code. 28 2. That the proposed project's density, site design, and architecture are compatible with surrounding development, in that the site is surrounded by single-family residential PC RESO NO. 6503 -2- uses and detached single-family condominiums of similar densities, site design, and 2 architectural styles. 3 3. The Planning Commission of the City of Carlsbad does hereby find: 4 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05- 5 11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP $ 06-02/HMP 07-09, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Department, 7 prior to RECOMMENDING ADOPTION of the project; and o b. the Mitigated Negative Declaration and the Program have been prepared in n accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of 10 Carlsbad; and 11 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 13 d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on 14 the environment. 15 4. The Planning Commission has reviewed each of the exactions imposed on the Developer 1, 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: 19 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the 20 recordation of the final map or issuance of a grading permit, whichever occurs first. 21 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 22 implemented and maintained according to their terms, the City shall have the right to 2-, 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 24 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 25 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Planned Development Permit.26 27 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit documents, as necessary to make 28 them internally consistent and in conformity with the final action on the project. PC RESO NO. 6503 -3- Development shall occur substantially as shown on the approved Exhibits. Any proposed 2 development, different from this approval, shall require an amendment to this approval. 3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4 - 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 6 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 7 unless the City Council determines that the project without the condition complies with all requirements of law.8 n 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 10 representatives, from and against any and all liabilities, losses, damages, demands, claims, and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Planned ,~ Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 13 (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 14 facility of electromagnetic fields or other energy waves or emissions. 6. Developer shall submit to the Planning Director a reproducible 24" x 36," mylar copy of 15 the Site Plan reflecting the conditions approved by the final decision-making body. 17 7. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 05-11, ZC 05-10, LCPA 18 05-06, CT 05-18, SDP 05-12, CDP 05-37, HDP 06-02, and HMP 07-09 and is subject 19 to all conditions contained in Planning Commission Resolutions No. 6498, 6499, 6500, 6501, 6502, 6504, 6505, 6506, 6507 for those other approvals incorporated herein by 20 reference. 8. This approval shall become null and void if building permits are not issued for this 22 project within two (2) years of Coastal Commission approval of LCPA 05-06. 23 24 25 26 27 28 PC RESO NO. 6503 -4- 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. 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 i 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 November 5, 2008, by the following 15 vote, to wit: 16 AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery, and Chairperson Whitton 18 NOES: 19 ABSENT: Commissioner Douglas 20 ABSTAIN: 22 23 I. WHITTON, Chairperson 24 ' CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 27 28 DONNEU Planning Director PC RESO NO. 6503 -5- 1 PLANNING COMMISSION RESOLUTION NO. 6504 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN TO 4 CONSTRUCT TWO (2) SECOND DWELLING UNITS TO MEET THE AFFORDABLE HOUSING REQUIREMENT ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF 6 BLACK RAIL ROAD AND AVENA COURT EAST IN LOCAL FACILITIES MANAGEMENT ZONE 20. 7 CASE NAME: SEASCAPE CASE NO.: SDP 05-12 9 WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application with 10 the City of Carlsbad regarding property owned by Ron Vandermooren and Rajeev Bhatia, "Owner," described as 12 Parcel IB: 13 The Southwest Quarter of the Southwest Quarter of the 14 Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State 16 of California, according to the official plat thereof; and 17 Parcel 2B: 18 The Southeast Quarter of the Southwest Quarter of the 19 Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and 20 Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and 21 Parcel 3B: 23 An easement for road and public utility purposes over, under, upon and across the westerly 30 feet of the south half of the 24 Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County 26 of San Diego, State of California, according to the official plat thereof; and 27 Parcel 4B: 28 An easement for road and public utility purposes over, under, along and across the westerly 30 feet of the Northwest Quarter 100 of the Southwest Quarter of the Northwest Quarter of Section 2 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, 3 State of California, according to the official plat thereof 4 ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development 6 Plan as shown on Exhibits "A" - "BB" dated November 5, 2008, on file in the Planning 7 Department, SEASCAPE - SDP 05-12, as provided by Chapter 21.06/Section 21.53.120 of the8 9 Carlsbad Municipal Code; and 10 WHEREAS, the Planning Commission did, on November 5, 2008, hold a duly * noticed public hearing as prescribed by law to consider said request; and 12 WHEREAS, at said public hearing, upon hearing and considering all testimony 13 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 14 relating to the Site Development Plan. 16 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 17 Commission of the City of Carlsbad as follows: 1X0 A) That the foregoing recitations are true and correct. 19 B) That based on the evidence presented at the public hearing, the Planning 20 Commission RECOMMENDS APPROVAL of SEASCAPE - SDP 05-12, based on the following findings and subject to the following conditions: 21 ~~ Findings: 23 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will 24 not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or 25 traffic circulation, in that the proposed lots can accommodate the proposed second rye dwelling units while complying with all required front, side, and rear yard setbacks and minimum separation requirements; the development proposal complies with all 27 City standards for lot configuration, street widths, grading, and drainage; the project is compatible in scale and design with the surrounding development; the 28 design of the second dwelling units match the proposed single-family residential architecture; and the proposed second dwelling units implement the General Plan PC RESO NO. 6504 -2-in Housing Element Program 3.7b by considering alternative housing options to assist 2 in meeting the City's share of housing for low and very low income households. 3 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed lots exceed the minimum lot size requirements for the zone and 4 can easily accommodate the proposed second dwelling unit structures and additional parking spaces while complying with all required front, side, and rear yard setbacks and minimum separation requirements. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 7 the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project complies with all applicable second 8 dwelling unit requirements in addition to regulations for setbacks, parking, and other development standards for the R-l zone. , 0 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the two (2) proposed Second Dwelling Units 11 generate 20 ADT and the project includes the required street improvements which are necessary to serve the development. 12 5. That 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; that the inclusionary housing requirement for this project is 1.8 dwelling units (rounded up to two (2) units); that 15 in accordance with the Inclusionary Housing Ordinance, the developer proposes to construct and deed restrict two (2) Second Dwelling Units on Lots 8 and 9 as 16 affordable to lower-income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. 18 6. That the construction of two (2) Second dwelling Units as an alternative to 19 construction of two new single-family inclusionary units can be supported in that a restriction on the affordability of two single-family inclusionary units would be 20 infeasible and would present unreasonable hardship in light of such factors as project size, site constraints, market competition, price, product type disparity, developer capability, and financial subsidies available. 22 7. The Planning Commission of the City of Carlsbad does hereby find: 23 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and 24 Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05- 11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09, the environmental impacts therein identified for this project 26 and said comments thereon, and the Program, on file in the Planning Department, prior to RECOMMENDING ADOPTION of the project; and 27 b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the PC RESO NO. 6504 -3- State Guidelines and the Environmental Protection Procedures of the City of 2 Carlsbad; and 3 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 4 <- d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on 6 the environment. 7 8. 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 0 degree of the exaction is in rough proportionality to the impact caused by the project. 10 Conditions: 11 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the recordation of the final map or issuance of a grading permit, whichever occurs first. 1-, 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 14 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 15 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 17 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Site Development Plan. 18 Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them 2Q 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, 21 different from this approval, shall require an amendment to this approval. 22 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. 24 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 25 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. 28 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and PC RESO NO. 6504 -4- representatives, from and against any and all liabilities, losses, damages, demands, claims 2 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Site Development Plan, 3 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, , including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 6 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 7 6. This approval is granted subject to the approval of a Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program, GPA 05-11, ZC 05-10, LCPA 05- 9 06, CT 05-18, PUD 05-14, CDP 05-37, HDP 06-02, and BMP 07-09 and is subject to all conditions contained in Planning Commission Resolutions No. 6498, 6499, 6500, 10 6501, 6502, 6503, 6505, 6506, and 6507, for those other approvals incorporated herein by reference.11 12 7. This approval shall become null and void if building permits are not issued for this project within two (2) years of Coastal Commission approval of LCPA 05-06. 13 " 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6504 -5- 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 g 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 i 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 November 5, 2008, by the following 15 vote, to wit: 16 AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery, and Chairperson Whitton 18 NOES: 19 ABSENT: Commissioner Douglas 20 ABSTAIN:21 22 23 B^ANK H. WHITTON, Chairperson 24 CARLSBAD PLANNING COMMISSION 25 ATTEST:zo 27 28 DON NEU Planning Director PC RESO NO. 6504 -6- 1 PLANNING COMMISSION RESOLUTION NO. 6505 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE 4 SUBDIVISION, GRADING, AND DEVELOPMENT OF A 5.05- ACRE SITE INTO TWELVE (12) RESIDENTIAL LOTS, TWO (2) OPEN SPACE LOTS, AND ONE (1) PRIVATE STREET 6 LOT; AND CONSTRUCTION OF TWELVE (12) DETACHED SINGLE-FAMILY DWELLING UNITS, AND THREE (3) 7 SECOND DWELLING UNITS ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF BLACK RAIL 8 ROAD AND AVENA COURT EAST IN LOCAL FACILITIES 9 MANAGEMENT ZONE 20. CASE NAME: SEASCAPE 10 CASE NO.: CDP 05-37 *• *• WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application with 12 the City of Carlsbad regarding property owned by Ron Vandermooren and Rajeev Bhatia, 13 "Owner," described as 14 Parcel IB: 15 The Southwest Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, 17 Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State ° of California, according to the official plat thereof; and 19 Parcel 2B: 20 The Southeast Quarter of the Southwest Quarter of the 21 Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State 23 of California, according to the official plat thereof; and 24 Parcel 3B: 75 An easement for road and public utility purposes over, under, 25 upon and across the westerly 30 feet of the south half of the Northwest Quarter of the Northwest Quarter of the Northeast 27 Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County 28 of San Diego, State of California, according to the official plat thereof; and 1 Parcel 4B: 2 An easement for road and public utility purposes over, under, 3 along and across the westerly 30 feet of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 4 27, Township 12 South, Range 4 West, San Bernadino Base - and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof 6 ("the Property"); and 7 WHEREAS, said verified application constitutes a request for a Coastal8 9 Development Permit as shown on Exhibits "A" - "BB" dated November 5, 2008, on file in the 10 Planning Department, SEASCAPE - CDP 05-37, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and 12 * WHEREAS, the Planning Commission did, on November 5, 2008, hold a duly 13 noticed public hearing as prescribed by law to consider said request; and 14 WHEREAS, at said public hearing, upon hearing and considering all testimony 1 5 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 17 relating to the CDP. 18 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 19 Commission of the City of Carlsbad as follows: 20 A) That the foregoing recitations are true and correct. 21 B) That based on the evidence presented at the public hearing, the Commission APPROVES SEASCAPE - CDP 05-37, based on the following findings and 23 subject to the following conditions: Findings: 24 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 development does 26 not obstruct public views of the coastline as seen from public lands or rights-of-way; the project has been conditioned to comply with erosion and storm water control 27 measures; and no sensitive resources, public access areas or water oriented recreational activities exist on or near the site. 28 PC RESO NO. 6505 -2-U') 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 2 of the Coastal Act in that the site is located over 1 mile from Batiquitos Lagoon and approximately 1.5 miles from the Pacific Ocean and no coastal access areas or 3 water-oriented recreational activities exist on or near the site. 4 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 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard 6 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil 7 erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 9 4. The project complies with the requirements of the Coastal Agricultural Overlay 10 Zone as the project is conditioned to pay the agricultural conversion mitigation fee of $10,000/acre to develop with other than agricultural uses. i~ 5. The Planning Commission of the City of Carlsbad does hereby find: 13 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05- 14 11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Department, 16 prior to RECOMMENDING ADOPTION of the project; and 17 b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of i Q Carlsbad; and 20 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 21 ~~ d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on 23 the environment. 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: 28 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the recordation of the final map or issuance of a grading permit, whichever occurs first. PCRESONO. 6505 -3- 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 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. 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 i o 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, 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 a Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program, GPA 05-11, ZC 05-10, LCPA 05- 25 06, CT 05-18, PUD 05-14, SDP 05-12, HDP 06-02, and HMP 07-09 and is subject to all 25 conditions contained in Planning Commission Resolutions No. 6498, 6499, 6500, 6501, 6502, 6503, 6504, 6506, and 6507, for those other approvals incorporated herein by reference. 28 PC RESO NO. 6505 -4- 7. The applicant shall apply for and be issued building permits for this project within two 2 (2) years of Coastal Commission approval of LCPA 05-06 or this Coastal Development Permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 3 8. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. NOTICE 6 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 g "fees/exactions." 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 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 12 annul their imposition. 13 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 14 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 15 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 16 expired. 17 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6505 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on November 5, 2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery, and Chairperson Whitton ABSENT: Commissioner Douglas ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6505 -6-in 1 PLANNING COMMISSION RESOLUTION NO. 6506 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON A 5.05-ACRE SITE 4 GENERALLY LOCATED ON THE NORTHEAST CORNER OF BLACK RAIL ROAD AND AVENA COURT EAST IN LOCAL FACILITIES MANAGEMENT ZONE 20. 6 CASE NAME: SEASCAPE CASE NO: HDP 06-02 7 WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application with8 o the City of Carlsbad regarding property owned by Ron Vandermooren and Rajeev Bhatia, 10 "Owner," described as: 11 Parcel IB: 12 The Southwest Quarter of the Southwest Quarter of the 13 Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and 14 Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and , t- Parcel 2B:lo 17 The Southeast Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, 18 Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and 20 Parcel 3B: 21 An easement for road and public utility purposes over, under, 22 upon and across the westerly 30 feet of the south half of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San 24 Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat 25 thereof; and 26 Parcel 4B: 27 An easement for road and public utility purposes over, under, 28 along and across the westerly 30 feet of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, 2 State of California, according to the official plat thereof 3 ("the Property"); and 4 WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibit(s) "A" - "BB" dated November 5,2008, on file in the 6 Carlsbad Planning Department, SEASCAPE - HDP 06-02, as provided by Chapter 21.95 of the 7 Carlsbad Municipal Code; and8 o WHEREAS, the Planning Commission did on November 5, 2008, consider said 10 request; and 11 WHEREAS, at said hearing, upon hearing and considering all testimony and 12 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 13 relating to the Hillside Development Permit; and 14 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning , c Commission as follows:lo 17 A) That the foregoing recitations are true and correct. 18 B) That based on the evidence presented at the public hearing, the Commission APPROVES. SEASCAPE - HDP 06-02 based on the following findings and subject to the following conditions: 20 Findings: 21 1. That hillside conditions have been properly identified on the constraints map which show 22 existing and proposed conditions and slope percentages; 23 2. That undevelopable areas of the project, i.e., slopes over 40%, have been properly 24 identified on the constraints map; 25 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the grading design minimizes the 2" amount of grading, and respects the natural terrain. The pad grades for the 27 proposed subdivision have been designed to step and follow the dominant slope of the land. The project is proposing 21,800 cubic yards of cut, 8,900 cubic yards of 28 fill» 9,000 cubic yards of remedial grading, and 12,900 cubic yards of export. This will result in a volume of grading equaling 4,320 cubic yards per acre, which is considered "acceptable" under the Hillside Ordinance. PC RESO NO. 6506 -2- 4. That the proposed development or grading will not occur in the undevelopable portions 2 of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that no residential development occurs on any natural slopes with an inclination of 3 greater than forty percent, and elevation differential of greater than fifteen feet, and an area of greater than 10,000 square feet. 4 5. 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 5 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 7 the land, all roof slopes are oriented in the same direction as the slopes, and the building footprints and rooflines are parallel with the natural contours of the slope.8 0 6. The Planning Commission of the City of Carlsbad does hereby find: 10 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05- 11 11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Department, ! 3 prior to RECOMMENDING ADOPTION of the project; and 14 b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the 15 State Guidelines and the Environmental Protection Procedures of the City of . fi Carlsbad; and 17 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 18 d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on 2Q the environment. 21 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 22 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. £J 24 Conditions: 25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the recordation of the final map or issuance of a grading permit, whichever occurs first. 26 2^ 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 28 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy PC RESO NO. 6506 -3- issued under the authority of approvals herein granted; record a notice of violation on the 2 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 3 or a successor in interest by the City's approval of this Hillside Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 7 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. 9 4. If any condition for construction of any public improvements or facilities, or the payment 10 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. 13 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 14 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Hillside Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 17 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 18 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 2Q approval is not validated. 21 6. This approval is granted subject to the approval of a Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program, GPA 05-11, ZC 05-10, LCPA 05- 22 06, CT 05-18, PUD 05-14, SDP 05-12, CDP 05-37, and HMP 07-09 and is subject to all conditions contained in Planning Commission Resolutions No. 6498, 6499, 6500, 6501, 6502, 6503, 6504, 6505, and 6507, for those other approvals incorporated herein by 24 reference. 25 7. This approval shall become null and void if building permits are not issued for this project within two (2) years of Coastal Commission approval of LCPA 05-06.26 28 PC RESO NO. 6506 -4- 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 "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 . 1 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 November 5, 2008, by the following 15 vote, to wit: 16 AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery, and Chairperson Whitton18 19 NOES: 20 ABSENT: Commissioner Douglas 21 ABSTAIN: 22 23 24 FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION25 ATTEST: 2?" 28 •ILx, DONNEU Planning Director PC RESO NO. 6506 -5- 1 PLANNING COMMISSION RESOLUTION NO. 6507 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE 4 INCIDENTAL TAKE OF SPECIES OF CONCERN FOR THE SEASCAPE PROJECT, ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF BLACK RAIL 6 ROAD AND AVENA COURT EAST IN LOCAL FACILITIES MANAGEMENT ZONE 20. 7 CASE NAME: SEASCAPE CASE NO: HMP 07-098 9 WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application with 10 the City of Carlsbad regarding property owned by Ron Vandermooren and Rajeev Bhatia, 1* "Owner," described as: 12 Parcel IB: 13 The Southwest Quarter of the Southwest Quarter of the 14 Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State 15 of California, according to the official plat thereof; and 17 Parcel 2B: 1 O The Southeast Quarter of the Southwest Quarter of the 19 Northwest Quarter of the Northeast Quarter of Section 27, . Township 12 South, Range 4 West, San Bernadino Base and 20 Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and 21 22 Parcel 3B: 23 An easement for road and public utility purposes over, under, upon and across the westerly 30 feet of the south half of the 24 Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County 2/5 of San Diego, State of California, according to the official plat thereof; and 27 Parcel 4B: 28 An easement for road and public utility purposes over, under, along and across the westerly 30 feet of the Northwest Quarter Yl'L-, of the Southwest Quarter of the Northwest Quarter of Section 2 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, 3 State of California, according to the official plat thereof 4 ("the Property"); and WHEREAS, the City of Carlsbad has received authorization to issue permits to 6 impact various sensitive species and habitats, including species listed as Threatened or 7 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and8 9 Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05; 10 and 11 WHEREAS, the authority stated above is based on a plan titled Habitat 12 Management Plan for Natural Communities in the City of Carlsbad, Final Approval November 13 2004, referred to as the HMP, and approval of all projects is contingent on a finding of 14 consistency with the HMP; and 16 WHEREAS, said verified application by Developer constitutes a request for a 17 Habitat Management Plan Permit pursuant to the City's authority as contained in Chapter ° 21.210 of the Zoning Ordinance, on file in the Planning Department; and 19 WHEREAS, the Planning Commission did on November 5, 2008, consider said 20 request; and 21 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 Habitat Management Plan Permit. 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 26 Commission as follows: 27 A) That the foregoing recitations are true and correct. 28 PC RESO NO. 6507 -2- 1 B) That the SEASCAPE - BMP 07-09 project is consistent with the HMP as 2 described in the following findings. 3 C) That based on the evidence presented at the hearing, the Commission APPROVES the Habitat Management Plan Permit, HMP 07-09, for SEASCAPE 4 based on the following findings and subject to the following conditions: Findings: 6 1. That the SEASCAPE project is shown in Figure 28 of the approved HMP as a 7 "Proposed Standards Area" adjacent to an "Existing Hardline Conservation Area". o 2. That authorization to take species of concern, through the take of 2.62 acres of 9 Agricultural Lands, 2.10 acres of Disturbed Lands, and 0.33 acres of Developed Lands is subject to continuous compliance with all provisions of the Habitat 10 Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. 12 3. That authorization to take species of concern is subject to continuous compliance with all 13 mitigation measures as stated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 05-11, ZC 05-10, LCPA 05-06, CT 05-18, 14 PUD 05-14, SDP 05-12, CDP 05-37, HDP 06-02, and HMP 07-09, and is subject to all ,,- conditions contained in Planning Commission Resolutions No. 6498, 6499, 6500, 6501, 6502, 6503, 6504, 6505, 6506, and 6507 for those other approvals, including but not 16 limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 17 4. That authorization to take species of concern is subject to continuous compliance with the provisions of Volumes I, II and III of the Multiple Habitat Conservation Program and the 19 Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation 20 Program Planning Area (SCH No. 93121073). 21 5. That all impacts to habitat and all take of species will be incidental to otherwise lawful 22 activities related to construction and operation of the SEASCAPE project. 23 6. That the project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable in 24 that the residential development observes a 20 ft. upland habitat buffer from the edge of the existing HMP Hardline Conservation Area located to the east, and in order to prevent negative effects on the adjacent HMP Hardline Conservation Area, 26 mitigation measures have been included with the project to address the interface between the proposed development and the existing habitat, which include fire 27 management; erosion control; landscaping restrictions; fencing, signage, and lighting restrictions; and predator and exotic species control. 28 PC RESO NO. 6507 -3- 7. That adequate funding has been provided to address changed circumstances and adaptive 2 management needs that may be reasonably anticipated in the future, consistent with the HMP Implementing Agreement. 3 8. That the incidental take of species of concern as a result of the project will not appreciably reduce the likelihood of survival and recovery of the species in the wild due to compliance with all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. 6 9. That the Planning Director is authorized to sign the Take Permit. 7 10. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while 10 continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for , 7 the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each 13 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 14 all new development within the City is essential to fund implementation of the City's Habitat Management Plan. However, in accordance with the Mello II Segment of the Local Coastal Program, the applicant is instead conditioned to pay an Agricultural Conversion Mitigation Fee on a per acre basis, to convert the entire project site (5.05 acres) from agricultural lands to residential development. 17 11. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05- 20 11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-02/HMP 07-09, the environmental impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Department, 22 prior to RECOMMENDING ADOPTION of the project; and 23 b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the 24 State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and £* J 25 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 27 d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the environment. PC RESO NO. 6507 -4- 12. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 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 3 degree of the exaction is in rough proportionality to the impact caused by the project. . 4 Conditions: 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 6 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 7 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 9 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 10 or a successor in interest by the City's approval of this Habitat Management Plan Permit.11 , - 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Habitat Management Plan Permit documents, as necessary to 13 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 14 development different from this approval, shall require an amendment to this approval. 3. If any condition for construction of any public improvements or facilities, or the payment 15 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 17 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. 19 4. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 21 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 Habitat Management Plan Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 23 non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including 24 without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not 2g validated. 27 5. This approval is granted subject to the approval of a Mitigated Negative Declaration and Mitigation Monitoring & Reporting Program, GPA 05-11, ZC 05-10, LCPA 05- 28 06, CT 05-18, PUD 05-14, SDP 05-12, CDP 05-37, and HDP 06-02 and is subject to all conditions contained in Planning Commission Resolutions No. 6498, 6499, 6500, 6501, PC RESO NO. 6507 -5- 6502, 6503, 6504, 6505, and 6506, for those other approvals incorporated herein by 2 reference. 3 6. This approval shall become null and void if building permits are not issued for this project within two (2) years of Coastal Commission approval of LCPA 05-06. 4 5 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 9 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 11 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 12 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 15 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6507 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on November 5, 2008, by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery, and Chairperson Whitton ABSENT: Commissioner Douglas ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6507 -7- EXHIBIT 5 The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: November 5, 2008 Application complete date: November 23, 2006 Project Planner: Jason Goff Project Engineer: Clyde Wickham SUBJECT: GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05- 37/HDP 06-02/HMP 07-09 - SEASCAPE - 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, Zone Change, Local Coastal Program Amendment, and Site Development Plan; and a request for approval of a Tentative Tract Map, Planned Development Permit, Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan Permit for the subdivision, grading and development of a 5.05-acre site into twelve residential lots, two open space lots, and one private street lot, including the construction of twelve single-family residences and three second dwelling units on property generally located on the northeast corner of Black Rail Road and Avena Court East within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 20. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6498 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6499, 6500, 6501, and 6504 RECOMMENDING APPROVAL of a General Plan Amendment (GPA 05-11), Zone Change (ZC 05-10), Local Coastal Program Amendment (LCPA 05-06), and Site Development Plan (SDP 05-12), and ADOPT Planning Commission Resolutions No. 6502, 6503, 6505, 6506, and 6507 APPROVING a Tentative Tract Map (CT 05-18), Planned Development Permit (PUD 05-14), Coastal Development Permit (CDP 05-37), Hillside Development Permit (HDP 06-02), and Habitat Management Plan Permit (HMP 07-09), based on the findings and subject to the conditions contained therein. II. INTRODUCTION, The project proposes to subdivide and grade a vacant 5.05 acre site into 12 residential lots, 2 open space lots, and 1 private street lot, and construct 12 detached single-family homes and 3 second dwelling units (SDUs) on property generally located on the northeast corner of Black Rail Road and Avena Court East. The 12 single-family lots (Lots 1-12) range in size from 6,000 square feet to 14,440 square feet in area. The 2 open space lots are 44,670 square feet (Lot 14) and 21,590 square feet (Lot 15) in area. The open space lots reflect the boundaries of a major 150 foot wide SDG&E power line easement bisecting the site, along with a combination fire suppression zone and upland habitat buffer area along the eastern property line. The density of the proposed single-family subdivision is 4.32 du/ac. A Site Development Plan (SDP) is required for the approval of 2 SDUs on Lots 8 and 9, which will.be used to satisfy the City's GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 02/HMP 07-09 - SEASCAPE November 5, 2008 Page 2 Inclusionary Housing requirement. The project requires a General Plan Amendment (GPA), Zone Change (ZC), and Local Coastal Program Amendment (LCPA) to change the General Plan and Local Coastal Program Land Use designations on the property from Residential Low- Medium Density (RLM, 0-4 du/ac) to Residential Low-Medium Density (RLM, 0-4 du/ac) and Open Space (OS), and to change the City Zoning and Local Coastal Program Zoning designations on the property from Limited Control (L-C) to One-Family Residential (R-l) and Open Space (OS). The project also requires a Tentative Tract Map (CT), Planned Development Permit (PUD), Coastal Development Permit (CDP), Hillside Development Permit (HDP), and Habitat Management Plan Permit (HMP). The GPA, ZC, LCPA, require the approval of the City Council and the California Coastal Commission (CCC). The SDP requires the approval of the City Council. The approval of the CT, PUD, CDP, HDP, and HMPP are final at the Planning Commission. The project is not located within the Appeals Jurisdiction of the Local Coastal Zone, and the Planning Commission's decision on the CDP is not appealable to the CCC. The project is located within the Zone 20 Specific Plan (SP 203) and the Mello II Segment of the Local Coastal Program. The project has been reviewed for environmental impacts and no significant unmitigable 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 project site, consisting of two parcels totaling 5.05 acres of previously farmed agricultural land, is located within the Zone 20 Specific Plan area and Local Facilities Management Zone 20. It is bounded to the north by existing detached single-family homes, to the south by detached single-family airspace condominiums, to the east by open space, and to the west by a single- family home and an active palm tree nursery. Topographically, the site rises to the east from Black Rail Road (approximately 330 ft. above msl) to the center of the property (358 ft. above msl) and then falls gently to the eastern property line (342 above msl). Manufactured slopes of approximately 50% slope gradient, created by the development of Black Rail Road and Avena Court East, exist along the southern and western boundaries of the property. Approximately 1.77 acres of the site (35%) is constrained by the SDG&E power line easement, which bisects the site diagonally. The site has been previously utilized for agricultural operations and was once occupied by several greenhouse facilities. There are no native habitats occupying the site, all agricultural operations have been terminated, and all greenhouses have since been removed. The project site is located within the Mello II Segment of the Local Coastal Program. The proposed GPA, ZC, and LCPA are necessary to change the land use designations on the property from Residential Low-Medium Density (RLM, 0-4 du/ac) to Residential Low-Medium Density (RLM, 0-4 du/ac) and Open Space (OS) and to change the Zoning designations on the property from Limited Control (L-C) to One-Family Residential (R-l) and Open Space (OS). The subdivision will result in 12 single-family residential lots, three of which will include detached second dwelling units (SDUs). The project site is heavily constrained by several factors including: the 150 foot wide SDG&E power line easement bisecting the site diagonally, the extension of Surf Crest Street southward to Avena Court East, and the requirement to align Private Street "A" with an existing driveway (Palermi Place) on the adjacent development to the GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 02/HMP 07-09 - SEASCAPE November 5, 2008 Page 3 south. These three factors create an unusually shaped development envelope necessitating the need for a PUD on a portion of the site. As such, a PUD for small-lot development (minimum 5,000 sq. ft. lot size) and a private street is being proposed on a portion of the site bounded by Black Rail Road to the west, Avena Court East to the south, and the proposed extension of Surf Crest Street to the east. This area includes proposed residential Lots 1-10 and Private Street "A" (Lot 13). Residential Lots 1-10 range in size from 6,000 square feet to 13,260 square feet. Also proposed are 2 standard R-l single-family residential lots (Lots 11 & 12) that range in size from 9,730 square feet to 14,440 square feet. These 2 lots are consistent in size with the existing development to the north. The proposed density for the 3.24 net acres site is 4.32 du/ac, and the inclusionary housing requirement based on 12 market rate units is 2.1 units. The applicant proposes to satisfy this requirement by providing an SDU on Lots 8 and 9. The development proposal includes the construction of 12 single-family residences. Plans for the residences are included, and are required in conjunction with the CDP application. Four floor plans (Plans 1,3,4, and 6) are proposed with seven architectural styles. The Plan 1 consists of a 3 bedroom/2 bath single-story home with a total of 1,628 square feet of living space and a 2-car side-loaded garage. The elevation for this plan type is California Ranch style architecture, and includes a stucco finish with concrete tile roof shingles; window and door lintels; buttress walls; and exterior wood elements including shutters, columns and outlooker beams. The Plan 3 consists of a 5 bedroom/3 bath two-story home with a total of 3,126 square feet of living space and a 2-car garage. The home features a covered entry porch, a courtyard along one side, a balcony off of a secondary bedroom, and a second floor deck off of the master bedroom. The elevations for this plan type include West Coast Traditional and Tudor architectural styles with stucco finishes and concrete tile roof shingles. Architectural details include window and door lintels; exterior wood elements, including shutters, outlooker beams, braces and corbels; gable and eave detailing; buttress walls; arched elements; varied window shapes; and brick or stone veneers. The Plan 4 consists of a 5 bedroom/4 bath two-story home with a total of 3,339 square feet of living space and a 2-car garage. The home features a covered entry porch, a front deck off of a secondary bedroom, and a larger rear deck off of the master bedroom. The elevations for this plan type include French Colonial and Spanish Colonial architectural styles with stucco finishes and concrete tile roof shingles. Architectural details include window and door lintels; exterior wood elements, including shutters and knee braces; gable and eave details; arched elements; varied window shapes; deck and railing; and stone veneer on the 4B elevation. The Plan 6 consists of a 5 bedroom/4 bath two-story home with a total of 4,321 square feet of living space and a 3-car garage. The home features a covered front porch and a large rear deck off of the master bedroom. The elevations for this plan type include Craftsman and Santa Barbara architectural styles with stucco finishes and concrete tile roof shingles. Architectural details include windows and door lintels; exterior wood elements include shutters and knee braces; gable end eave details; arched elements; varied window shapes; deck and railing; and stone veneer on the 6B elevation. GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 02/HMP 07-09 - SEASCAPE November 5, 2008 Page 4 The residences proposed on Lots 8, 9, and 12 have been designed to include a detached SDU. Each SDU is 639 square feet in size and is designed to match the respective architecture of each primary residence. An additional parking space is provided for each SDU in the form of a tandem space within each respective 20-foot long residential driveway. Grading for the project will require 21,800 cubic yards of cut, 8,900 cubic yards of fill, and 12,900 cubic yards of export. In addition, the project grading includes 9,000 cubic yards of over- excavation and remedial grading. Overall, the project grading follows the natural slope of the site, is compatible with adjacent residential project pad grades, incorporates contour grading and variable slope gradients, and preserves sensitive habitat areas to the east. 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, Open Space (OS) Zone (Chapters 21.10 and 21.33 of the Carlsbad Municipal Code), and Planned Development Regulations (Chapter 21.45 of the Carlsbad Municipal Code); C. Zone 20 Specific Plan (SP 203); D. Inclusionary Housing (Chapter 21.85 of the Carlsbad Municipal Code); and Qualified Development Overlay (Q) Zone (Chapter 21.06 of the Carlsbad Municipal Code; E. Subdivision Map Act and the City of Carlsbad Subdivision Regulations (Title 20 of the Carlsbad Municipal Code); F. Mello II Segment of the Local Coastal Program, the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Carlsbad Municipal Code) and the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code); G. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code); H. Habitat Preservation and Management Requirements (Chapter 21.210 of the Carlsbad Municipal Code); and I. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Zone 20 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. Carlsbad General Plan Residential Low-Medium Density (RLM) and Open Space (OS) Land Use designation regulations The General Plan Land Use designation for the project site is Residential Low-Medium Density (RLM). With the approval of this project, the land use designations on the property will be RLM and OS. The General Plan requires that the OS designation be applied to constrained lands, such as major power utility corridors. The RLM designation allows low to medium density residential 0") GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 02/HMP 07-09 - SEASCAPE November 5, 2008 PageS development (0-4 du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac; which is also used for the purposes of calculating the City's compliance with Government Code Section 65584. According to the constraints analysis used for density calculations, the project site has a net developable area of 3.24 acres. At the GMCP, the site yields 10.37 dwelling units, and at the top of the RLM density range, the site yields 12.96 dwelling units. The project is proposing 15 total dwellings (12 detached single-family dwelling units, and 3 detached SDUs). The SDUs are not applied towards the project's density, unless they are being utilized for inclusionary housing. In this case, only two of the three SDUs are being used to meet the projects inclusionary housing requirement. Therefore, the resultant density for 14 dwelling units on 3.24 net acres is 4.32 dwelling units per acre, which exceeds the GMCP and is also 1.04 dwelling units higher than the top of the RLM density range. According to the City of Carlsbad General Plan, there are exceptional cases where the base zone (R-1-7,500) is consistent with the land use designation, but would permit a slightly higher yield than that recommended in the RLM density residential classification. In those exceptional cases, the City may find that the project is consistent with this element if: a) the project is compatible with the General Plan objectives, policies, general land uses and programs; b) all the necessary infrastructure is in place to support the project; and c) the proposed density does not exceed the maximum density allowed at the top of the range by more than an additional 25%. The City's Growth Management Ordinance also establishes rules for when a project can exceed the GMCP. As such, according to the Carlsbad Municipal Code Section 21.90.045, no residential development permit shall be approved which has a density that exceeds the GMCP for the applicable density range unless: a) the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted; b) there have been sufficient developments approved in the quadrant at densities below the control point to cover the units in the project above the control point so that approval does not result in exceeding the quadrant limit; and c) all necessary public facilities will be constructed or guaranteed to be constructed concurrently with their need and in compliance with the adopted City standards. As shown in Table A below, the project is compatible with all of the General Plan objectives, policies, general land uses and programs. Infrastructure is in place along Black Rail Road, Surf Crest Drive and Avena Court East to support the proposed project. The project's density (4.32 du/ac) does not exceed the maximum density allowed at the top of the range by more than an additional 25% (5 du/ac maximum). To comply with the City's Growth Management Ordinance, a difference of 4.63 dwelling units above the GMCP occurs as a result of this project (Total Dwelling Units Proposed (15 units) - GMCP Unit Yield (10.37 units) = 4.63 excess dwelling units). In order to insure that densities do not exceed the quadrant limit established for the City's SW Quadrant, a total of 4.63 dwelling units will be removed from the City's Excess Dwelling Unit Bank in accordance with City Council Policy 43. Currently the SW Quadrant has available unit capacity to accommodate the 4.63 excess dwelling units without exceeding the quadrant cap. In addition to the above, the project complies with all elements of the General Plan as illustrated in Table A below: GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 02/HMP 07-09 - SEASCAPE November 5, 2008 Page 6 TABLE A - GENERAL PLAN COMPLIANCE ELEMENT Land Use Housing Public Safety USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Site is designated as RLM (Residential Low-Medium Density; 0-4 du/ac with a GMCPof3.2du/ac). Provision of affordable housing. Review new development proposals to consider emergency access, fire hydrant locations and fire flow requirements. PROPOSED USES & IMPROVEMENTS 12 single-family dwelling units and 2 affordable SDUs are being proposed. The project's density of 4.32 du/ac is above the RLM density range of 0-4 du/ac, but does not exceed the maximum density allowed at the top of the range by more than an additional 25% (5 du/ac) per the exceptional case argument as specified in the General Plan. 4.63 dwelling units will be withdrawn from the City's Excess Dwelling Unit Bank in accordance with City Council Policy 43. The project is proposing to construct 2 SDUs onsite to satisfy the 2.1 dwelling unit Inclusionary Housing requirement. The project includes or has been conditioned to provide facilities to ensure that the development proposal complies with Public Safety Requirements. COMPLY Yes Yes Yes GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 02/HMP 07-09 - SEASCAPE November 5, 2008 Page 7 TABLE A - GENERAL PLAN COMPLIANCE (CONTINUED) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Open Space & Conservation To preserve, protect and enhance those areas of the City that provide unique and special open space functions, including, but not limited to, cultural and visual amenities, active and passive recreational uses, landmarks, buffers between incompatible land uses, wildlife habitats, and unique and desirable vegetation. For purposes of habitat protection, the project is providing an open space lot (Lot 15) located between the proposed residences (i.e., development area) and the boundaries of the existing HMP Hardline Preserve area adjacent to the project site along the eastern property line. This area will encompass the HMP 20 ft. wide upland habitat buffer area that is required between proposed development areas and preserved habitat areas. Passive public recreational uses are provided in the form of a large grassy play area, decomposed granite pedestrian trail, and enhanced landscaping within the existing SDG&E power line easement bisecting the site diagonally. The trail will connect with an existing trail on the northwest and southeast sides. Yes Utilize Best Management Practices for control of storm water and to protect water quality. Project will conform to all NPDES requirements. Yes B. One-Family Residential (R-l) Zone, Open Space (OS) Zone (Chapters 21.10 and 21.33 of the Carlsbad Municipal Code), and Planned Development Regulations (Chapter 21.45 of the Carlsbad Municipal Code) The project site is currently zoned Limited Control (L-C). The L-C Zone designation is given to previously annexed properties and is an interim zone for areas where plans for development have not yet been formalized. As part of this project, a zone change from L-C to One-Family Residential (R-l) and OS is proposed. This will result in the zoning for the site being consistent with the General Plan Land Use designations of RLM and OS. The proposed zones are also compatible with the existing surrounding residentially zoned properties to the north and south, GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 02/HMP 07-09 - SEASCAPE November 5, 2008 PageS the existing L-C and probable future residential zone to west, and the open space zoned property to the east. A PUD is proposed on residential Lots 1-10 and Private Street "A" (Lot 13) where a portion of the site is heavily constrained. Lots 11 and 12 fronting along the proposed extension of Surf Crest Street will be developed as standard R-l lots. Lots 14 and 15 of the proposed subdivision will be developed as open space. The proposed project meets or exceeds all applicable requirements of the R-l and OS Zones as demonstrated below in Table B. Project compliance with all applicable requirements and development standards of the Planned Development Regulations are demonstrated in Staff Report Attachments 15 (see Planned Development Table C) and 16 (see Planned Development Table D). Project compliance with all applicable requirements of City Council Policies 44 and 66 are demonstrated in Staff Report Attachments 17 (City Council Policy 44 Compliance Table) and 18 (City Council Policy 66 Compliance Table). TABLE B - R-l AND OS ZONE COMPLIANCE Standard Lot Size Lot width Lot Coverage Building Height Setbacks Required/ Allowed R-l: 7,500 sq. ft. minimum OS: No minimum. 60 ft. minimum 40% maximum 30ft. (3:12 roof pitch) Front: 20 feet Side: 10% of lot width. Such side yard shall not be less than 5 feet and need not exceed 1 0 feet. Lot 11: 10% (85 ft.) = 8.5 ft. Lot 12: 10% (86 ft.) = 8.6 ft. 1 0 ft. minimum of separation between structures. Rear: Twice the required side yard. Lot 11: 2(8. 5) = 17 ft. Lot 12: 2(8.6) =17.2 ft. Proposed R-l: Lot 1 1 = 9,730 sq. ft. Lot 12 = 14,400 sq.ft. OS: Lot 14 = 44,670 sq. ft. Lot 15 = 21, 590 sq.ft. Lot 11 = 85 ft. Lot 12 = 86 ft. Lot 11 =36% Lot 12 = 28% Lot 11 = 25'-6" (3'/4:12 roof pitch) Lot 12 = 25'-6" (3]/4:12 roof pitch) Lot 11 =20 ft. Lot 12 = 20 ft. Lot 11: 8.5ft. /15ft. Lot 12: 10 ft. / >10 ft. The SOU and primary structure are separated by 12 ft. The SOU provides a 10 ft. side yard setback. Lot 1 1 : 34 ft. Lot 12: 36 ft. /SOU: 34 ft. Comply Yes Yes Yes Yes Yes Yes Yes Yes GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 02/HMP 07-09 - SEASCAPE November 5, 2008 Page 9 TABLE B - R-l AND OS ZONE COMPLIANCE (CONTINUED) Standard Parking Required/ Allowed 2-car garage with a minimum dimension of 20 ft. SDU: One additional paved off-street parking space. May be provided through tandem parking (provided that the garage is set back a minimum of 20 ft. from property line. Proposed Each unit has a three-car garage with a minimum dimension of 20 ft. One additional paved off-street parking space is provided for the proposed SDU on Lot 12 in the form of a tandem parking space. The garage is set back a minimum of 20 ft. from the property line. Comply Yes Yes C. Zone 20 Specific Plan (SP 203) The project is located within an area subject to the Zone 20 Specific Plan (SP 203). SP 203 provides a framework for the development of the vacant properties within Zone 20 to ensure the logical and efficient provision of public facilities and community amenities for the future residents of Zone 20. The project is located within Planning Area E of SP 203 and complies with all requirements of the Specific Plan as demonstrated below in Table C: TABLE C - ZONE 20 SPECIFIC PLAN REQUIREMENTS STANDARD Zoning LCP Agricultural Conversion Affordable Housing REQUIRED R-l and OS Three conversion options are available. 1 5% of the units must be provided as affordable units. PROPOSED R-l and OS Option 3 - Payment of Agricultural Conversion Mitigation Fee is proposed. The developer is proposing to construct two (2) second dwelling units on Lots 8 and 9 subject to City Council approval. Prior to Final Map approval, the developer is required to enter into an Affordable Housing Agreement to deed restrict the two affordable units. COMPLY Yes Yes Yes GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 02/HMP 07-09 - SEASCAPE November 5, 2008 Page 10 TABLE C - ZONE 20 SPECIFIC PLAN REQUIREMENTS (CONTINUED) STANDARD | REQUIRED | PROPOSED | COMPLY RV Parking 25% of the lots with adequate side yards to accommodate RV parking. This side yard shall have a minimum level area of 200 sq. ft. with a minimum dimension of 10 ft. (25% of 12 = 3) 3 spaces required. Lots 7,10, and 12 are each designed to accommodate RV parking along one side yard. Each lot provides a level area along one side that is greater than 200 sq. ft. in area with a minimum width of 10ft. Yes Open Space Designate the 150 ft. wide SDG&E public utility easement corridor area as Specific Plan Open Space per Exhibit 10 (Pg. 56). Where topography permits, enhance with trails and other recreational amenities. At a minimum, pedestrian trails shall be constructed of decomposed granite. The project is proposing an Open Space easement over Lots 14 and 15, which is partially encumbered by an SDG&E public utility easement. Within this area, the project is providing a large passive recreational amenity (1.77 acres), which will include a large grassy play area, a decomposed granite walking path, and decorative landscaping. The proposed walking path will connect with the existing park area to the northwest of the site and an existing trail to the southeast of the site. Yes D. Inclusionary Housing (Chapter 21.85 of the Carlsbad Municipal Code) and Qualified Development Overlay (Q) Zone (Chapter 21.06 of the Carlsbad Municipal Code) 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 2.1 dwelling units, which can be rounded down to two units (C.M.C. Section 21.85.050), and the applicant is proposing to satisfy the project's affordable housing requirements by constructing second dwelling units (SDUs) on Lots 8 and 9. Pursuant to Section 21.53.120 of the Carlsbad Municipal Code, a GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 02/HMP 07-09 - SEASCAPE November 5, 2008 Page 11 request to satisfy Inclusionary Housing through the development of two SDUs onsite requires approval of a Site Development Plan (SDP), and Section 21.85.070 requires that the City Council be the final decision making body. The 1-bedroom SDUs include 639 square feet of area and are detached from the primary residences. Parking for the SDUs are provided as a tandem parking space in front of the garage on driveways that are at least 20 feet in length. All findings for the approval of the SDP can be made in that the proposed SDUs implement the General Plan Housing Element Program 3.7b by providing alternative housing options to assist in meeting the City's share of housing for low and very low income households; the proposed lots can accommodate the proposed SDUs while complying with all required front, side, and rear yard setbacks, and minimum separation requirements; each of the proposed lots where an SOU is proposed exceeds the minimum lot size requirements for the zone and can easily accommodate the proposed SOU structures and additional parking spaces; the development proposal complies with all City standards for lot configuration, street widths, grading, and drainage; the project is compatible with the surrounding development in scale and design; and the design of the SDUs match the proposed single-family residential architecture. Prior to Final Map approval, the developer is required to enter into an Affordable Housing Agreement to deed restrict the two affordable units. Additionally, the Affordable Housing Agreement requires that future property owners sign an Affidavit of Compliance declaring that the SDU does not conflict with the project CC&Rs; that the property owner will reside in either the main unit or SDU; and that the property owner has agreed to rent the SDU at a monthly rental rate not to exceed the income of a low-income household, adjusted for household size, at 80% of the San Diego County median income. By providing two affordable SDUs onsite, the development is providing its fair share of housing affordable to lower income households, and therefore is consistent with the Inclusionary Housing Ordinance. E. Subdivision Map Act and the City of Carlsbad Subdivision Regulations (Title 20 of the Carlsbad Municipal Code) The Engineering Department has reviewed the proposed project and has concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance (Title 20). All major subdivision design criteria have been complied with including the minimum lot depth of 90 feet, provision of public access, required street frontage, and minimum lot area. The project is consistent with and satisfies all requirements of the General Plan and Title 21. It is also compatible with the surrounding uses. The proposed R-l Zone requires a minimum 7,500 square foot lot size. Each of Lots 11 and 12 exceeds the minimum requirement. The proposed Planned Development Permit allows for a minimum lot size of 5,000 square feet on residential Lots 1-10. Each of the proposed PD lots exceeds the minimum requirement. The project is conditioned to install all infrastructure improvements concurrent with development. The proposed building setbacks will allow for adequate air circulation and the GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 02/HMP 07-09 - SEASCAPE November 5, 2008 Page 12 opportunity for passive heating and cooling. The applicant will be required to offer various dedications (e.g., drainage and sewer easements, street right-of-way, etc.) and will be required to install street and utility improvements, including but not limited to curbs, gutters, sidewalks, sewer facilities, drainage facilities, fire hydrants, and street lights. F. Mello II Segment of the Local Coastal Program, the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Carlsbad Municipal Code) and the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code) The project site is located within the Mello II Segment of the Local Coastal Program. Development of the project site is also subject to, and consistent with, the requirements of the Coastal Agricultural Overlay Zone and the Coastal Resource Protection Overlay Zone. Approval of a CDP is required for the project. One of the primary requirements of the applicable coastal regulations pertains to the conversion of agricultural land to urban use. The project has been conditioned to ensure the payment of an agricultural conversion mitigation fee, which will mitigate the loss of agricultural resources by preserving or enhancing other important coastal resources. The project is further consistent with the policies of the Coastal Act in that, a) the site is geologically stable; b) the project has been designed to reduce the amount of runoff off-site through the use of Low Impact Development (LID) design features and has been conditioned to implement the National Pollution Discharge Elimination System (NPDES) standards; c) the project meets the parking requirements of the zoning ordinance; d) the project does not preclude any recreational opportunities or shoreline access as the property is not a shorefront property; and e) the development does not obstruct views of the coastline as seen from public lands or public rights-of-way. The development is subject to the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code). The Coastal Resource Protection Overlay Zone identifies five areas of protection: a) preservation of steep slopes and vegetation; b) drainage, erosion, sedimentation, habitat; c) landslides and slope instability; d) seismic hazards, and e) floodplain development. The project's compliance with each of these areas of concern is discussed below: a. Preservation of Steep Slopes and Vegetation. Slopes greater than 25% and possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities are considered "dual criteria" slopes and are protected in the coastal zone. Topographic and vegetation mapping and analysis was prepared for the project. The site is extensively disturbed and supports 2.62 acres of Agricultural Lands, 2.10 acres of Disturbed Lands, and 0.33 acres of Developed Lands (Avena Court East) for a total of 5.05 acres of HMP Group-F Habitat. The project site does not contain any natural slopes greater than 25% gradient or any "dual criteria" slopes. b. Drainage, Erosion, Sedimentation, Habitat. Topographic and vegetation mapping and analysis was prepared as part of the project. Habitat boundaries were identified and a 20 foot wide upland habitat buffer area and 60 foot wide Fire Suppression Zone has been provided between the adjacent existing HMP Hardline Preserve area located to the east of the property and the edge of development to buffer sensitive habitat areas from intrusion. A Preliminary Storm Water Pollution Prevention Plan (CIVCOM & Associates, March 14, 2008) was prepared for the project. Project grading is designed to match the GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 02/HMP 07-09 - SEASCAPE November 5, 2008 Page 13 historical drainage pattern of the site. To reduce the amount of discharge and velocity of run-off to predevelopment levels, the project incorporates Low Impact Development (LID) design features. These promote infiltration of storm water run-off by proposing to minimize impervious surface areas by utilizing pervious pavers for all residential driveways, and directing all run-off to landscape areas for bio-filtration. Furthermore, construction of the proposed project improvements will comply with all federal, state and local water quality regulations, including the Clean Water Act and associated NPDES regulations. A grading permit is required for the project prior to commencement of grading, which requires review and approval of an erosion control plan. The erosion control plan will employ grading construction Best Management Practices (BMP) which will reduce temporary impacts on water quality. Through implementation of the recommended site design and source control BMPs, post construction impacts to water quality will be mitigated to an acceptable level. c. Landslides and Slope Instability. The Preliminary Geotechnical Investigation (Leighton & Associates, Inc., September 29, 2004), indicates that the site consists predominantly of undocumented artificial fill soils, a thin layer of top soil, and Quaternary-aged Slopewash and Terrace deposits underlain by bedrock materials of the Santiago Formation. The Preliminary Geotechnical Investigation indicates that existing artificial fill and topsoil materials will require removal and re-compaction in accordance with the recommendations of the report. No evidence of landslide or slope instability was identified in the report. By following the geotechnical recommendations contained within the referenced report, the site is suitable for the proposed project and exposure of people or structures to geotechnical related hazards is relatively low. d. Seismic Hazards. The Preliminary Geotechnical Investigation (Leighton & Associates, Inc., September 29, 2004), indicates that no active or potentially active faults are known to exist on or in the vicinity of the project site. The report found that the site has a relatively low risk of exposure to seismic hazards and the Quaternary Terrace deposits underlying the site are not considered liquefiable due to their physical characteristics, lack of an elevated ground water table, high-density characteristics, and age. e. Flood Plain Development. The lowest proposed pad elevation is approximately 329 ft. above mean sea level (msl). No part of the site is within the 100 year floodplain. The proposed LCPA is necessary to change the LCP Land Use designation on the property from RLM (0-4 du/ac) to RLM (0-4 du/ac) and OS, and to change the LCP Zoning designation on the property from L-C to One-Family Residential (R-l) and OS. These proposed Local Coastal Program land use and zoning changes are consistent with the project's proposed General Plan Land Use and City Zoning designation changes. G. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code) The project site has an elevation grade change of greater than 15 feet and slopes greater than 15%, therefore a Hillside Development Permit is required. Hillside conditions of the project have been properly identified on the constraints map, which show existing and proposed conditions and slope percentages. The project site is a heavily disturbed site and virtually no GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 02/HMP 07-09 - SEASCAPE November 5, 2008 Page 14 natural slopes exist as a result of pad grading for past agricultural and greenhouse operations. Manufactured slopes of ±40% exist along south and west perimeters of the project site that were created as a result of road improvements for the development of Black Rail Road and Avena Court East. The site does not contain any natural slopes greater than 40%, or any "dual criteria" slopes which are defined as slopes greater than 25% and possessing endangered species and/or coastal sage scrub and chaparral plant communities within the Coastal Zone. These areas are generally considered to be "undevelopable" per the Hillside Development Regulations and the Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203). The entire 5.05-acre site is considered developable per the Hillside Ordinance and Coastal Resource Protection Overlay Zone. The project will include grading over the entire 5.05-acre site. Project grading results in an estimated 21,800 cubic yards of cut, 8,900 cubic yards of fill, and 12,900 cubic yards of export. In addition, the project grading includes 9,000 cubic yards of over-excavation and remedial grading for the removal and re-compaction of undocumented artificial fill soils onsite. The resulting grading volume of 4,320 cubic yards per acre is identified by the Hillside Development Regulations as being within an acceptable range. Furthermore, the project is consistent with the Hillside Development & Design Guidelines. The pad grades for the proposed subdivision have been designed to step and follow the dominant slope of the land, all roof slopes are oriented in the same direction as the slopes, and the building footprints and rooflines are parallel with the natural contours of the slope. H. Habitat Preservation and Management Requirements (Chapter 21.210 of the Carlsbad Municipal Code) The City of Carlsbad's HMP identifies the 5.05-acre project site as a Standards Area, and is located directly adjacent to an Existing Hardline Preserve Area along its eastern boundary. A habitat assessment of the project site was prepared in accordance with the HMP, which identified the site as being extensively disturbed and supporting 2.62 acres of Agricultural Lands (Greenhouse/Nursery Buildings), 2.10 acres of Disturbed Lands, and 0.33 acres of Developed Lands (Avena Court East) for a total of 5.05 acres of Group-F Habitat. The developer, in accordance with the provisions of the HMP, would typically be conditioned as part of the project to pay in-lieu fees for impacts to 5.05 acres of Group-F Habitat; however, in accordance with the Mello II Segment of the Local Coastal Program, the applicant is instead conditioned to pay an Agricultural Conversion Mitigation Fee on a per acre basis, to convert the entire project site (5.05 acres) from agricultural lands to residential development. No sensitive plant or wildlife species listed by the United States Fish & Wildlife Service (USFWS), California Department of Fish & Game (CDFG), or the HMP were observed onsite. No Riparian/Riverine habitat, wetland habitat, artificially created wetlands, wetland species, or evidence of jurisdictional waters were observed or identified onsite. In order to prevent negative effects on the existing HMP Hardline Preserve, mitigation measures have been included with the project to address the interface between the proposed development and the existing habitat. These include fire management; erosion control; landscaping GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 02/HMP 07-09 - SEASCAPE November 5, 2008 Page 15 restrictions; fencing, signage, and lighting restrictions; and predator and exotic species control. The conditioned mitigation will result in a less than significant impact to biological resources. I. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Zone 20 Local Facilities Management Plan The proposed project is located within Local Facilities Management Zone 20 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table D below. TABLE D - GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools (Carlsbad) Sewer Collection System Water IMPACTS 52. 15 sq.ft. 27.81 sq. ft. 15EDU 0.10 acres 8.30 CFS / Drainage Basin "D" 150ADT Fire Station 4 Acres Provided = 1.52 ac. Elementary = 4.5 Middle School =1.6725 High School =1.4265 15EDU 8,250 GPD COMPLY Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes The proposed project is 4.63 units above the Growth Management Control Point (GMCP) for RLM properties. The unit yield of the property at the RLM GMCP (3.2 du/ac) is 10.37 units and 15 units are proposed. 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, cultural resources, and noise, and mitigation measures have been incorporated into the design of the project or have been included 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 in the newspaper with copies sent directly to the California Coastal Commission (CCC), California Department of Fish & Game (CDF&G), and the United States Fish & Wildlife Service (USFWS) for review and comment. No comments were received during the 30-day public review period from August 20, 2008 to September 19, 2008. GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 02/HMP 07-09 - SEASCAPE November 5, 2008 Page 16 ATTACHMENTS: 1. Planning Commission Resolution No. 6498 (MND) 2. Planning Commission Resolution No. 6499 (GPA) 3. Planning Commission Resolution No. 6500 (ZC) 4. Planning Commission Resolution No. 6501 (LCPA) 5. Planning Commission Resolution No. 6502 (CT) 6. Planning Commission Resolution No. 6503 (PUD) 7. Planning Commission Resolution No. 6504 (SDP) 8. Planning Commission Resolution No. 6505 (CDP) 9. Planning Commission Resolution No. 6506 (HDP) 10. Planning Commission Resolution No. 6507 (HMP) 11. Location Map 12. Background Data Sheet 13. Local Facilities Impact Assessment Form 14. Disclosure Statement 15. Planned Development Compliance Table C 16. Planned Development Compliance Table D 17. City Council Policy 44 Compliance Table 18. City Council Policy 66 Compliance Table 19. Compliance Matrix 20. Reduced Exhibits 21. Full Size Exhibits "A" - "BB" dated November 5, 2008 SITEMAP NOT TO SCALE Seascape GPA 05-11 / ZC 05-10 / LCPA 05-06 / CT 05-18 / PUD 05-14 / SDP 05-12 / CDP 05-37 / HDP 06-02 / HMP 07-09 BACKGROUND DATA SHEET CASE NO: GPA 05-11/ZC 05-1Q/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05- 37/HDP 06-02/HMP 07-09 CASE NAME: SEASCAPE APPLICANT: Rajeev Bhatia 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, Zone Change, Local Coastal Program Amendment, and Site Development Plan: and a request for approval of a Tentative Tract Map, Planned Development Permit, Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan Permit for the subdivision, grading and development of a 5.05-acre site into . twelve residential lots, two open space lots, and one private street lot, including the construction of twelve single-family residences and three second dwelling units on property generally located on the northeast comer of Black Rail Road and Avena Court East within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 20. LEGAL DESCRIPTION: Parcel IB: The Southwest Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof. Parcel 2B: The Southeast Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof. Parcel 3B: An easement for road and public utility purposes over, under, upon and across the westerly 30 feet of the south half of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West," San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof. Parcel 4B: An easement for road and public utility purposes over, under, along and across the westerly 30 feet of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof. APN: 215-040-09 & 215-040-11 Acres: 5.05 Proposed No. of Lots/Units: 15 lots /15 units GENERAL PLAN AND ZONING Existing Land Use Designation: RLM Proposed Land Use Designation: RLM/OS Density Allowed: 5 du/ac Density Proposed: 4.32 du/ac Existing Zone: L-C Proposed Zone: R-l/OS Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site North South East West L-C R-l-Q P-C P-C L-C RLM RLM RM OS RLM Vacant Detached SF Homes Detached SF Airspace Condominiums Open Space SF Home/Palm Nursery LOCAL COASTAL PROGRAM Coastal Zone: 1X1 Yes [ I No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: | | Yes |XI No Coastal Development Permit: Cx] Yes |~~l No Local Coastal Program Amendment: 1X1 Yes | | No Existing LCP Land Use Designation: RLM Proposed LCP Land Use Designation: RLM/OS Existing LCP Zone: L-C Proposed LCP Zone: R-l/OS PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 15 EDU ENVIRONMENTAL IMPACT ASSESSMENT I | Categorical Exemption, Mitigated Negative Declaration, issued November 5, 2008 I | Certified Environmental Impact Report, dated. D Other, CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Seascape - GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05- 14/SDP 05-12/CDP 05-37/HDP Q6-02/HMP 07-09 LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RLM ZONING: L-C DEVELOPER'S NAME: Rajeev Bhatia ADDRESS: 5850 Oberlin Drive, Suite 350. San Diego, CA 92121 PHONE NO.: (858) 658-9400 ASSESSOR'S PARCEL NO.: 215-040-09.215-040-11 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 5.05 acres ESTIMATED COMPLETION DATE: Unknown A. City Administrative Facilities: B. Library: C. Wastewater Treatment Capacity (Calculate with J. Sewer) D. Park: E. Drainage: F. Circulation: G. Fire: H. Open Space: I. J. K. L. Demand in Square Footage: Demand in Square Footage Demand in Acres = Demand in CFS = Identify Drainage Basin = Demand in ADT = Served by Fire Station No. = 52.15 sq.ft. 27.81 sq. ft. 15EDU 0.10 acres 8.30 CFS Basin "D" 150 ADT Acreage Provided : Lot 14= 1.03 acres Schools (Carlsbad Unified): Sewer (Carlsbad): Water (Carlsbad): Elementary School = Middle School = High School = Demands in EDU = Demand in GPD = Identify Sub Basin = Lot 15= 0.49 acres 4.5 1.6725 1.4265 15 EDU 8.250 GPD 20B The project is 4.63 units above the Growth Management Dwelling unit allowance. (Total Dwelling Units Proposed (15 units) - GMCP Unit Yield (10.37 units) = 4.63 excess dwelling units) 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 Corp/Part Title Title Address Address OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person KB3c£v fc?rtflT/#, Corp/Part_ Title Title Address |£l*!1 ffj^MCft. }.$•$& Address 1635 Faraday Avenue • Carlsbad, CA 92008r7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 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 $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? n 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. V H~ 08 . SigrtaWfe'bf 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 RECEIVED SEP 0 5 2008 C!TY OF CARLSBAD PLANNING DEPT H:ADMIN\COUNTER\DISCLOSURE STATEMENT 12/06 Page 2 of 2 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 l^QN VA-NPlfTM^Qay^gK Corp/Part_ Title OoVtft*- Title Address 57 feZ. CfWvt- Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) v/A^Person P"^ v^'^ ^ l " " Corp/Part. Title ° 10/**•*- Title Address-b / v> <~- **' /^r<y M>^« Address 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 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 $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes V 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. Signltere 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 12/06 Page 2 of 2 Attachment 15 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS Standard Requirement Compliance Comment Density Per the underlying General Plan designation. When two or more general plan land use designations exist within a planned development, the density may not be transferred from one general plan designation to another without a general plan amendment. The project is not transferring densities. Arterial Setbacks All dwelling units and accessory structures adjacent to any arterial road shown on the Circulation Element of the General Plan shall maintain the following minimum setbacks from the right-of-way: The project is not located adjacent to any arterial road as shown on the Circulation Element of the General Plan. Prime Arterial Major Arterial Secondary Arterial Carlsbad Boulevard 50 Feet 40 Feet 30 Feet 20 Feet An average of 50% of the required setback area that is located closest to the arterial shall be landscaped to enhance the streetscene and buffer homes from traffic on adjacent arterials. Project perimeter walls shall not be located in the landscaped buffer. The landscaped buffer shall contain a minimum of one 24" box tree for every 30 lineal feet of street frontage. This arterial landscape setback shall be commonly owned and maintained by the homeowners' association. Building Setbacks All setbacks shall be measured from the property line, from the back of sidewalk or from the edge of the project driveway, whichever is closest to the structure. All setbacks are measured from the back of sidewalk. Permitted Intrusions into Setbacks Projecting architectural features, which do not increase the useable living area of a dwelling unit, (including, but not limited to, cornices, eaves, belt courses, sills, buttresses and fireplaces) may intrude up to 2 feet into required building setbacks. Plans 1, 3, and 4 all include fireplaces along one side elevation, none of which intrude more than 2 feet into the side yard setback. Visitor Parking On Private/Public Streets Driveways 1. 10 units or less: 1 space for each 2 units or fraction thereof. 2. 11 units or more: 5 spaces for the first 10 units, plus 1 space for each 4 units above 10. 3. Housing for senior citizens: 1 space for each 5 units. 4. In cases where a fractional parking space is required, the required number of spaces shall be rounded to the nearest highest whole number. Visitor parking may be provided: (1) along both sides of a minimum 34-foot wide private/public street; or (2) in perpendicular bays. When visitor parking is provided on-street, not less than 24 lineal feet per space, exclusive of driveway entrances and aprons, shall be provided for each parking space, except where parallel parking spaces are located immediately adjacent to driveway aprons, then 20 lineal feet may be provided. Visitor parking must be provided in parking bays The project is proposing 10 dwelling units. Five (5) visitor parking spaces are required. Nine (9) visitor parking spaces are provided along Private Street "A". Not applicable. Private Drive "A" is 34 feet in width and visitor parking is provided on-street. Each on-street visitor parking space is not less than 24 lineal feet. Not applicable. Attachment 15 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS CONTINUED Standard Requirement Compliance Comment Private Streets Minimum 34 feet wide (curb-to-curb) with parkways (minimum 5.5' wide) and sidewalks (minimum 5' wide) on both sides of the street. Private Drive "A" complies with the minimum 34 foot (curb-to-curb) street width, with attached sidewalks (minimum 5 foot wide) on both sides. Parkways are not included on Private Street "A" in order to be consistent with the surrounding development. Public Streets Minimum 34 feet wide (curb-to-curb) with parkways (minimum 7' wide) and sidewalks (minimum 5' wide) on both sides of the street. Surf Crest Street is a public street and includes a street width of 36 feet (curb-to- curb) with attached sidewalks (minimum 5 foot wide). Parkways are not included on Surf Crest Street in order to be consistent with the existing street section to the north. Parkways with Street Trees Minimum 5.5 feet wide parkways are required along both sides of private streets. For small-lot, single-family and two- family projects, a minimum of one street tree (24-inch box) per lot is required to be planted in the parkway along all streets. For multi-family projects, street trees shall be spaced no further apart than 30 feet on center within the parkway. Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption. Parkways are not required in order to be compatible with the existing surrounding development. However, at least one street tree (24 inch box) per lot is being provided along Private Street "A" and the extension of Surf Crest Street. Driveway (Project) 1. Minimum 24 feet wide with no parking permitted in travel way. 2. Additional width may be required for maneuvering area in front of garages, carports or uncovered parking spaces or to provide transition to a driveway approach. 3. No more than 20 single-family/two-family dwelling units shall be located along a single-entry driveway. 4. Parkways/sidewalks may be required. 5. Driveways in motor courts shall be constructed of concrete. 6. All driveways/motor courts shall be accented with enhanced pavement treatment. Not applicable. Dwelling Unit Setback from Open Parking All dwelling units shall be set back a minimum of 5 feet from open parking areas. Not applicable. Screening of Parking Areas All open parking areas shall be screened from adjacent residences and public rights-of-way by either a view- obscuring wall or landscaping. Not applicable. Attachment 15 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS CONTINUED Standard Community Recreational Space Recreation Area Parking Lighting Utilities Requirement All projects of more than 10 dwelling units shall provide 200 square feet of centralized, community recreational space per unit. Projects with 25 or fewer units shall provide passive or active recreation facilities. Projects with more than 25 units shall provide both passive and active recreational facilities with a minimum of 75 percent of the area allocated for active facilities. Projects of more than 50 units shall provide recreation facilities for a variety of age groups. Examples of recreation facilities include, but are not limited to, the following: Active: Swimming pool with cabana, children's playground equipment, spa, tennis court, racquetball court, volleyball court, basketball court, recreation rooms or buildings, horseshoe pits, pitch and putt, grassy play areas a minimum of 100 feet by 100 feet and any other facility deemed by the planning director to satisfy the intent of providing active recreational facilities. Passive: Benches, barbecues, community gardens or grassy play areas with a slope of less than 5%. 1 . Credit for indoor recreation facilities shall not exceed 25% of the required centralized community recreation area. 2. Required recreation areas shall not be located in any required front yard and may not include any driveways, parking areas, walkways, storage areas, or any slopes of 5% or greater. 3. For single-family or two-family projects of 50 units or more, at least 25 percent of the common recreation space must be provided as pocket parks. Pocket park lots must have a minimum width of 50 feet and be located at strategic locations such as street intersections (especially "T-intersections") and where open space vistas may be achieved. Note: These community recreational space requirements shall not apply to housing for senior citizens (refer to Chapter 21.84 of this code for common area requirements for housing for senior citizens). 1 space for each 15 residential lots or fraction thereof for lots located more than 1 ,000 feet from a centralized community recreation center lot. Note: Housing for senior citizens is not required to be provided with recreation area parking. Lighting adequate for pedestrian and vehicular safety . shall be provided. Separate utility systems shall be provided for each unit. Compliance Comment Not applicable. However, it should be noted that the project is still providing a large passive recreational amenity (1.77 acres) within the SDG&E easement area (Lot 14 and 15), which will include a large turf area, a decomposed granite walking path, and decorative landscaping. The proposed walking path will connect with the existing park area to the northwest of the site and an existing trail to the southeast of the site. Not applicable. The project is not required to provide community recreational space. Standard street lighting is provided along Private Street "A", Surf Crest Street and Avena Court East. Each unit is serviced by separate utilities. Attachment 15 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS CONTINUED Standard Requirement Compliance Comment Recreational Vehicle Storage 1. Required for projects with 25 or more units. 2. 20 square feet per unit exclusive of area required for driveways and approaches. 3. Developments located within master plans or residential specific plans may have this requirement met by the common RV storage area provided by the master plan or residential specific plan. 4. The storage of recreational vehicles shall be prohibited in the front yard setback and on any public or private streets or any other area visible to the public. A provision containing this restriction shall be included in the covenants, conditions and restrictions for the project. All RV storage areas shall be landscaped to screen vehicles to the maximum extent feasible. Note: Housing for senior citizens is not required to be provided with recreational vehicle storage. If no RV storage is provided for housing for senior citizens, the CC&Rs for the project shall clearly specify that RV storage is not available. Not applicable. The project is proposing less then 25 units. Storage Space 480 cubic feet of separate storage space per unit. If all storage for each unit is located in one area, the space may be reduced to 392 cubic feet. This space shall be separately enclosed for each unit and be conveniently accessible to the outdoors. The space may be designed as an enlargement of the required covered parking structure provided it does not extend into the area of the required parking stall. This requirement is in addition to closets and other indoor storage areas. Storage space is included within each garage. Antennas Each project shall have a master antenna and/or a cable television hookup. Antennas are permitted subject to the provisions of Chapter 21.53 of this code and any applicable federal regulations. Project complies. Attachment 16 PLANNED DEVELOPMENTS (CMC SECTION 21.45.070) TABLE D: SMALL-LOT, SINGLE-FAMILY AND TWO-FAMILY DWELLING DEVELOPMENT STANDARDS Standard Requirement Compliance Comment Livable Neighborhood Policy Must comply with City Council Policy 66, Principles for the Development of Livable Neighborhoods. Project complies (see Council Policy 66 compliance table). Architectural Requirements Must comply with City Council Policy 44, Neighborhood Architectural Design Guidelines. Project complies (see Council Policy 44 compliance table). Minimum Lot Size Single-family: 5,000 square feet Lots 1-10 all comply with minimum 5,000 square foot lot size. Lots range from 6,000 to 13,260 square feet in size. Project complies. Maximum Lot Coverage 1. 2 story homes - Lots equal to or greater than 5,000 square feet, 40% of the net pad area; lots less than 5,000 square feet, 50% of the net pad area. 2. 1 story homes - 60% of the net pad area. Lots 1-6, 8 & 9 are plotted with two-story homes on lots greater than 5,000 square feet. The net pad coverage for these lots range between 26.26% and 39.98%. Project complies. Lots 7 & 10 are plotted with one-story homes. The net pad coverage for these two lots are 33.54% (Lot 7) and 32.33% (Lot 10). Project Complies. Minimum Lot Width(1) 1. Single-family on lots equal to or greater than 5,000 square feet: 50 feet. Lots 1-10 all have lot sizes equal to or greater than 5,000 square feet. Lots 1-10 have lot widths ranging in size from 51 to 87 ft. Project complies. Maximum Building Height Maximum 30 feet and two stories if a minimum roof pitch of 3/12 is provided or 24 feet and two stories if less than a 3/12 roof pitch. All elevations have either a 4:12 or 6:12 roof pitch, each with building heights ranging between 19'-5" and 27'-0". Project complies. Minimum Front Setback from a Private or Public Street*2' 1. Covered front porch: 15 feet. 2. Residence: 15 feet (average), 10 feet (minimum). 3. Side-entry garage: 10 feet. 4. Direct entry garage: 20 feet. All covered front porches meet the minimum 15 ft. setback. All units have a minimum setback from a private and/or public street to the residence of 10 ft. or greater and an average setback of 15 ft. Project complies. Side entry garages are proposed on Lots 7 & 10, which are setback a minimum of 10 feet. Project complies. Direct entry garages are proposed on Lots 1-6, 8 & 9, with setbacks ranging between 20 and 40 ft. in depth. Project complies. Attachment 16 PLANNED DEVELOPMENTS (CMC SECTION 21.45.070) TABLE D: SMALL-LOT, SINGLE-FAMILY AND TWO-FAMILY DWELLING DEVELOPMENT STANDARDS CONTINUED Standard Requirement Compliance Comment Minimum Street Frontage On sharply curved streets or cul-de-sacs: 35 feet. This frontage may be reduced to a minimum of 25 feet if adequate guest parking (that does not directly back onto the street) is provided near the end of the cul-de-sac in parking bays or another acceptable manner. Such lots must reach a width of 35 feet at some point near the middle of the lot. Lot 6, which is located on a cul-de-sac, has a 25 foot reduced frontage. The lot reaches a width in excess of 35 feet (73 ft.) at the middle of the lot. Guest parking is provided parallel to the cul-de- sac. Project complies. Minimum Street Side Yard Setback 10 feet; 20 foot setback required for garages that face a street side yard. Lots 1 and 9 are plotted with a side elevation facing a street. Both units have a minimum 10 ft. street side yard setback. Project complies. Minimum Side Yard Setback 1. Two-story homes on lots with a minimum width of 60 feet and all one-story homes regardless of lot width shall have a minimum side yard setback equal to 10% of the lot width on each side. 2. All two-story homes on lots that are less than 60 feet wide shall have a combined minimum side yard setback equal to 25% of the lot width with a minimum side yard setback of 5 feet. Lots 7 and 10 are plotted with one-story homes. Lot 9 is plotted with a two-story home on a lot that has a minimum width of 60 feet. Each home provides a side yard setback greater than or equal to 10% of their respective lot width (see attached Compliance Matrix). Project complies. Lots 1-6 & 8 are plotted with two-story homes on lots that are less than 60 feet wide. Each home provides a combined minimum side yard setback equal to 25% of their respective lot width with a minimum side yard setback of 5 feet (see attached Compliance Matrix). Project complies. Attachment 16 PLANNED DEVELOPMENTS (CMC SECTION 21.45.070) TABLE D: SMALL-LOT, SINGLE-FAMILY AND TWO-FAMILY DWELLING DEVELOPMENT STANDARDS CONTINUED Standard Recreational Space Tandem Visitor Parking Credit Resident Parking Requirement Private Rear Yard 1. Projects of 1-10 dwelling units: 25 feet x 25 feet of useable rear yard with no slope gradient greater than 5 percent. 2. Projects of more than 10 dwelling units: 18 feet x 18 feet of useable rear yard with no slope gradient greater than 5 percent. 3. Alley-loaded projects: 15 feet x 15 feet of useable side yard with no slope gradient greater than 5 percent. Common Recreation 1. Projects of more than 10 dwelling units: See General Standards, Table C. Credit for one tandem visitor parking space in front of a garage may be given for single-family home lots with a driveway that is equal to or greater than 40 feet in length. Two car garage (minimum 20 feet x 20 feet). Compliance Comment Lots 1-5 and 7-10 all provide the minimum 25' x 25' private rear yard recreational space. Lot 6, consistent with Administrative Policy No. 40, is providing a recreational space of 20' x 40' within the side yard portion of the lot. The private yard is located and designed to be functional, usable, and easily accessible from the dwelling unit that it is intended to serve. Not applicable. Not applicable. Not applicable. Lot 9 proposes a driveway with a length of 40 feet. One credit may be applied if necessary. All lots include a minimum two-car garage with a minimum dimension of 20 ft. x 20 ft. Project complies. Attachment 16 PLANNED DEVELOPMENTS (CMC SECTION 21.45.070) TABLE D: SMALL-LOT, SINGLE-FAMILY AND TWO-FAMILY DWELLING DEVELOPMENT STANDARDS CONTINUED Standard Requirement Compliance Comment Garages 1. On a project basis, garages for single-family or two-family home dwelling units shall be sited as follows:(4) a. For a project with 3 floor plans: i. A minimum of 33% of all units shall include garages that are recessed a minimum of 5 feet behind the front house facade; ii. An additional 33% of all units shall include garages that are located a minimum of 30 feet behind the front property line; iii. A maximum of 33% of all units may be side loaded or project 6 feet forward of the front house fa?ade provided that the garages do not exceed 50% of the total house frontage; The project proposes 3 floor plans (Plans 1, 3, and 4). Lots 1, 3, 5, & 8 all include garages which are recessed a minimum 5 feet behind the front house facade. These lots represent 40% of the proposed unit mix. Project complies. Lots 1,6, 8, & 9 include garages that are located a minimum of 30 feet behind the front property line. These lots represent 40% of the proposed unit mix. Project complies. Lots 7 & 10 both include side loaded garages, which do not project beyond the face of the house, or exceed 50% of the total house frontage. These lots represent 20% of the proposed units. Garages (Continued) 2. 25% of all driveways for non-alley-loaded projects must be designed as "Pasadena" driveways with grass or enhanced pavement in the middle. 3. Driveways for side-loaded garages must incorporate enhanced pavement to improve appearance. Not applicable. All driveways will be constructed of precast interlocking concrete pavers (see Landscape Plans, Sheet LI, Enhanced Driveway Note). (1) Lot width is measured 20' behind the front property line. (2) Setbacks are applicable to streets that include parkways and sidewalks along both sides. For existing streets without parkways, the front setback shall be as follows: Front porch -15', Residence - 15' (average), 10' (minimum), Side-entry garage - 10', Direct entry garage - 20'. (3) The average frontyard setback is determined by adding together all of the unit frontyard setbacks (the setback for each unit should be measured from that element of each building, excluding projections, that is located closest to the front property line) and dividing that total by the total number of project units. (4) Garage standards do not apply to alley loaded projects. Attachment 17 CITY COUNCIL POLICY 44 - NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES Architectural Guideline Compliance Comments Floor Plans and Elevations 1 All residential projects shall be required to have a minimum number of different floor plans, different front and corresponding matching rear elevations with different color schemes as identified below: dj 2-4 dwelling units shall provide 1 floor plan and 2 different elevations. £<] 5-12 dwelling units shall provide 2 different floor plans and 2 different elevations. C] 13-20 dwelling units shall provide 2 different floor plans and 3 different elevations. I I 21+ dwelling units shall provide 3 different floor plans and 3 different elevations. The project proposes twelve (12) single- family residential units. Four (4) floor plans are proposed (Plan 1, Plan 3, Plan 4, and Plan 6). The Plan 1 contains two (2) different elevation styles (Plan 1A and Plan IB) in the California Ranch architectural style. The Plan 1 is plotted twice within the subdivision. The Plan 3 contains two (2) different elevation styles (Plan 3 A and 3B) in the West Coast Traditional and Tudor architectural styles. The Plan 3 is plotted four times within the subdivision. The Plan 4 contains two (2) different elevation styles (Plan 4B and Plan 4C) in the French Colonial and Spanish Colonial architectural styles. The Plan 4 is plotted four times within the subdivision. The Plan 6 contains two (2) different elevation styles (Plan 6B and Plan 6C) in the Craftsman and Santa Barbara architectural styles. The Plan 6 is plotted twice within the subdivision. Project complies. Every house should have a coherent architectural style. All elevations of a house, including front, side and rear, should have the same design integrity of forms, details and materials. Each home exhibits one of the following architectural styles: California Ranch, West Coast Traditional, Tudor, French Colonial, Spanish Colonial, Craftsman, or Santa Barbara, which is carried through to each elevation. Project complies. In addition to the previous requirements, design details should reinforce and enhance the architectural form and style of every house and differ from other elevations of the same floor plan. A minimum of 4 complimentary design details, including but not limited to those listed below, shall be incorporated into each of the front, rear and street side building fa9ade(s) of the house. Design Details All (100%) of the proposed homes integrate a minimum of four (4) complimentary design details (see architectural plans). Project complies. Balconies Decorative eaves and fascia Exposed roof rafter tails Arched elements Towers Knee braces Dormers Columns Exterior wood elements Accent materials (i.e.; brick, stone, shingles, wood or siding) Si Attachment 17 CITY COUNCIL POLICY 44 - NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES CONTINUED Architectural Guideline Compliance Comments Site Planning 4 5 6 Floor plans in a project shall exhibit a variety of roof ridges and roof heights within a neighborhood. Houses with both the same floor plan and elevation style shall not occur on adjacent lots. Reverse floor plans shall be included where possible to add variety to the street scene. All (100%) of the proposed elevations have a variety of roof ridges and roof heights. All elevations have either a 4: 12 or 6: 12 roof pitch, or combination thereof. Building heights range between 19'-5" and 27'-0". Project complies. No houses with the same floor plan and elevation style are plotted on adjacent lots (see site plan). Project complies. Reverse floor plans are included where possible to add variety to the proposed street scene. In addition, both the Plan 1 A and Plan IB have side loaded garages, which adds further variety to the project. Project complies. Single Story Requirements 7 8 A minimum of 15% of the total number of homes shall be single- story structures. Single-story is defined as a maximum plate-line of 15 feet and a maximum building height of 20 feet. Lofts are permitted subject to CMC Section 21.04.330. or A minimum of 10% of the total number of homes shall be single- story structures and 15% shall be reduced second story structures. A reduced second story structure shall comply with the following criteria: O A minimum of 60% of the roofline shall be single story; [H A 2-story element may be added in the central portion of the front and rear elevation; and CH The second story element may be no greater than 25% of the floor area of the first floor of the house (including garage). or For alley-loaded product, a minimum of 20% of the homes shall be single-story for the front 20% of the home (overall depth of house times 20%). A maximum of 20% of the total number of homes are exempt from the requirement to have a single-story building edge. 15% of 12 units = 1.8 units. Per Note No. 1 below, all fractional units of 0.5 or greater shall be rounded up to the next whole number. As such, 1 .8 units would round up to 2 units. Plans 1A and IB qualify as a single-story. The Plan 1 A and IB are each plotted once within the subdivision for a total of two (2) single-story units. Project complies. All (100%) of the proposed homes include a single-story building edge. Project complies. 10: Attachment 17 CITY COUNCIL POLICY 44 - NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES CONTINUED Architectural Guideline Compliance Comments Single Story Requirements continued The remaining total number of homes shall comply with one of the following guidelines: The home shall have a single-story building edge with a depth of not less than 8 feet and shall run the length of the building along one side except for tower elements. The roof covering the single-story element shall incorporate a separate roof plane and shall be substantially lower than the roof for the two-story element. Porches and porte-cochere elements shall qualify as a single- story edge. Houses with courtyards that are a minimum of 15 feet wide located along the side of the house and setback a minimum of 15 feet from the property line are not required to have a single-story building edge. H The home shall have a single-story building edge with a depth of not less than 5 feet and shall run the length of the building along one side. The roof of the single-story element shall be substantially lower than the roof for the two-story element of the building. <] The home shall have a single-story building edge with a depth of not less than 3 feet for 40% of the perimeter of the building. Plans 3A and 3B each include a courtyard element along one side yard. Each courtyard is 15 feet wide, and setback 15 feet from the property line. The Plan 3A and 3B are plotted on four (4) of the twelve (12) lots. Plans 4B and 4C qualify as having a single-story building edge with a depth of not less than 3 feet'for 40% of the perimeter of the building (see architectural plans). Plan 4B and 4C are plotted on four (4) of the twelve (12) lots. Plans 6B and 6C qualify as having a single-story building edge with a depth of not less than 3 feet for 40% of the perimeter of the building. Plans 6B and 6C are plotted on two (2) of the twelve (12) lots. Project complies. 10 For at least 66% of the homes in a project, there shall be at least 3 separate building planes on street side elevations of lots with 45 feet of street frontage or less and 4 separate building planes on street side elevations of lots with a street frontage greater than 45 feet. Balconies and covered porches qualify as a building plane. The minimum offset in planes shall be 18 inches and shall include, but not be limited to, building walls, windows, porches and roofs. The minimum depth between the faces of the forward-most plane and the rear plane on the front elevation shall be 10 feet. A plane must be a minimum of 30 sq. ft. to receive credit under this section. 66% of 12 units = 8 units. Plan 1A = 5 Planes (6 Planes including the roof). Plan IB = 5 Planes (6 Planes including the roof). Plan 3A = 6 Planes (7 Planes including the roof). Plan 3B = 6 Planes (7 Planes including the roof). Plan 4B = 7 Planes (10 Planes including the roof). Plan 4C = 7 Planes (8 Planes including the roof). Plan 6B = 8 Planes (9 Planes including the roof). Plan 6C = 8 Planes (9 Planes including the roof). All plane offsets for each plan type listed above meets the minimum requirement of 18 inches, and provides a minimum depth of at least 10 feet between the forward- most plane and rear plane on the front elevation. 100% of the units comply. Attachment 17 CITY COUNCIL POLICY 44 - NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES CONTINUED Architectural Guideline Compliance Comments Multiple Building Planes 11 Rear elevations shall adhere to the same criteria outlined in Number 10 above for front elevations except that the minimum depth between front and back planes on the rear elevation shall be 4 feet. Rear balconies qualify as a building plane. Plan 1A roof). Plan IB roof). PlanSA roof). PlanSB roof). Plan4B roof). Plan4C roof). Plan 6B roof). Plan 6C roof). = 5 Planes (7 Planes including = 5 Planes (7 Planes including = 4 Planes (5 Planes including the = 4 Planes (5 Planes including the = 3 Planes (4 Planes including the = 3 Planes (4 Planes including the = 5 Planes (6 Planes including the = 5 Planes (6 Planes including the All plane offsets for each plan type listed above meets the minimum requirement of 18 inches, and provides a minimum depth of at least 4 feet between the forward-most plane and rear plane on the rear elevation. 100% of the units comply. 12 For at least 66% of the homes in a project, one side elevation shall have sufficient offsets or cutouts so that the side yard setback averages a minimum of 8.5 feet. 66% of 12 units = 8 units. The Plan 1A, IB, 3A, and 3B each include floor plans with significant offsets or cutouts along one side elevation. Lots 1, 3, 5, 7, 8, and 10 each are plotted with one of the above plan types where the offsets or cutouts create an average side yard setback in excess of the minimum 8.5 ft. requirement. While the Plan 4 and 6 do not include significant offsets or cutouts along one side elevation, they do include a side yard setback along one side on Lots 6,9, 11, and 12 that are exceeding the average 8.5 ft. minimum (see site plan and architectural plans for details). Ten (10) of the twelve (12) units comply. Project complies. Windows/Doors 13 At least 66% of exterior openings (door/windows) on every home in the project shall be recessed or projected a minimum of 2 inches and shall be constructed with wood, vinyl or colored aluminum window frames (no mill finishes). All windows and doors are recessed a minimum 2 inches or trimmed with 2 inch deep foam (stucco textured) or wood (see architectural plans). Project complies. Attachment 17 CITY COUNCIL POLICY 44 - NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES CONTINUED Architectural Guideline Compliance Comments Windows/Doors 14 Windows shall reinforce and enhance the architectural form and style of the house through the use of signature windows and varied window shapes and sizes. Varied window shapes and sizes are utilized throughout each elevation of each plan type. Similar design forms have been carried through from the front elevation to the rear elevation (see architectural plans). Project complies. Front Porches 15 Fifty percent (50%) of the homes shall be designed with a covered front porch, open courtyard, or balcony (each with a minimum depth of 6 feet and a minimum area of 60 square feet) located at the front of the dwelling. The minimum depth for a covered front porch shall be measured from the front fa9ade of the home to the inside of any supporting porch posts. The front and sides of porches shall be open except for required and/or ornamental guardrails. A variety of roof elements shall be provided over porches. Porches may not be converted to living space. 50% of 12 units = 6 units. The Plan 4B includes a 72 sq. ft. deck on the second floor. This elevation is plotted twice within the subdivision. The Plan 4C includes a 72 sq. ft. deck on the second floor. This elevation is plotted twice within the subdivision. The Plan 6B includes a 196 sq. ft. deck on the second floor. This elevation is plotted once within the subdivision. The Plan 6C includes a 190 sq. ft. covered front porch. The front porch complies with the minimum 6 foot depth and the front and sides are open, with exception to the ornamental guardrail. This elevation is plotted once within the subdivision. Project complies. Front Entries 16 Seventy-five percent (75%) of the homes must have a front entry to the home that is clearly visible from the street. Walkways from the front door to the street are encouraged. All elevations (100%) include a front entry which is clearly visible from the street. Project complies. Chimneys 17 Chimneys and chimney caps shall be in scale with the size of the home. No more than 2 chimneys shall be allowed for homes on lots in planned developments having an area less than 7,500 square feet. All units (100%) have between one (1) and/or two (2) chimneys, which are scaled appropriately with the size of the home. Project complies. Garage Doors 18 Garage doors for 3 or 4 cars in a row that directly face the street must have a minimum of an 1 8" plane change between the garage doors after the 2 car garage door. Plan 6B and 6C have 3-car garages. Each floor plan includes a minimum 1 8 inch plane change between the single-car garage bay and the two-car garage bay. Project complies. Note #1: Fractional units of .5 or greater shall be rounded up to the next whole number and located in a manner to achieve the best project design as determined by the project planner. When a percentage of units are described in the guidelines, the intent is to have that percentage spread throughout the entire project. Attachment 18 CITY COUNCIL POLICY 66 - LIVABLE NEIGHBORHOODS Principle Compliance Comments 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. The project is proposing four (4) plan types for twelve (12) lots, which include various facades to create visual interest to pedestrians within the subdivision. All plan types include front doors and windows facing the street. To create opportunities for social interaction within the neighborhood, the Plan 3 A has been designed to include a "Juliet" style balcony and the Plan 4B has been designed to include, a 72 square foot deck off bedrooms facing the street. In addition, the Plan 6B includes a 196 square foot second floor deck off the master bedroom and the Plan 6C includes a 190 square foot front porch, both of which are facing the street. Various front yard building setbacks, reverse floor plans, and side loaded garages are proposed to create varied street scenes. 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. The project proposes a variety of garage configurations. Two (2) of the lots propose side-loaded garages, two (2) propose 3-car garages, and four (4) propose recessed garages that are approximately 8 feet behind the forward most plane of the residence. In addition, three (3) of the lots have garages that are setback between 30 and 40 feet in depth. 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 is an infill site that is bisected by a 150-foot wide SDG&E major power transmission easement. Given the constraints of the site, an interconnected, modified (grid) street pattern is not feasible. However, Surf Crest Street will be extended south from the adjacent subdivision along the northern boundary of the site, and will connect with Avena Court East along the southern boundary of the site. The street system is designed in accordance with City design standards. \\fi~l Attachment 18 CITY COUNCIL POLICY 66 - LIVABLE NEIGHBORHOODS CONTINUED Principle Compliance Comments 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. Parkways are currently not present within any of the existing developments surrounding this project. Therefore, to be consistent with the existing development, parkways are not being required as part of this project. 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. All streets include pedestrian sidewalks, which connect with existing sidewalks. Additionally, all sidewalks connect with the centralized community recreation area located within the SDG&E easement. Private Street "A", which is a cul-de-sac, includes a direct connection to the proposed centralized recreation area and decomposed walking path. 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. While the project is not required to have a centralized community recreation area, it is providing a large passive recreation area within the 150 foot wide SDG&E easement. This area will include a large turf area, a decomposed granite walking path, and landscaping. The proposed walking path will connect with the existing park area to the north west and a future trail to the southeast of the site. COMPLIANCE MATRIX SEASCAPE LOT NO. 1 2 3 4 5 6 7 8 9 10 11 12 STREET A LOT 13 BLACK RAIL ROAD SURF CREST STREET AVENA COURT EAST OPEN SPACE LOT 14 OPEN SPACE LOT 15 PLAN TYPE 3B 4C 3B 4B 3A 4C 1B 3A 4B 1A 6C 6B LOT COVERAGE LOT SIZE 6,140 6,000 6,000 6,000 6,000 7,500 6,980 8,100 13,260 6,690 9,730 14,440 17,230 10,010 15,260 14,300 44,670 21,590 NET PAD AREA 5,470 5,700 5,630 5,620 5,390 6,300 6,420 7,820 11,100 6,660 8,770 14,050 BLDG. COVERAGE 2,072 2,254 2,072 2,247 2,083 2,254 2,153 2,751 2,915 2,153 3,471 4,058 % OF LOT COVERAGE 33.75% 37.57% 34.53% 37.45% 34.72% 30.05% 30.85% 33.96% 21.98% 32.18% 35.67% 28.10% % OF PAD COVERAGE 37.88% 39.54% 36.80% 39.98% 38.65% 35.78% 33.54% 35.18% 26.26% 32.33% 39.58% 28.88% SETBACK REQUIREMENTS PROPOSED LOT WIDTHS 58 51 51 51 51 40 87 51 63 90 85 86 REQ'D FRONT YARD (MIN. 20-) 20' 20' 20' 20' 20' 20' 10' 20' 20' 10' 20' 20' PROVIDED FRONT YARD 17' 20' 20' 20' 15' 32' 10 20' 40' 10' 20' 20' REQUIRED REAR YARD 12 10 10 10 10 8 17 10 13 18 17 17 PROVIDED REAR YARD 28' 35' 34' 35' 37' 23' 17 11 13 44' 34' 36' REQUIRED COMBINED SIDE YARD 14.5 12.8 12.8 12.8 12.8 10.0 17.4 12.8 15.8 18.0 17.0 17.2 PROVIDED LEFT SIDE YARD 10 6 6 6 6 5 10 8 7 11 15 10 RIGHT SIDE YARD 7 7 7 7 7 10 16 5 11 11 8.5 10 COMBINED SIDE YARD 17 13 13 13 13 15 26 13 18 22 24 20 PLAN 1A 1B 3A 3B 4B 4C 6B 6C CASITA 1ST FLOOR 1,628 1,628 1,388 1,403 1,675 1,679 2,475 2,475 639 GARAGE 476 476 467 478 468 478 709 709 0 2ND FLOOR 0 0 1,738 1,739 1,664 1,686 1,846 1846 0 BLDG. COVERAGE 2,153 2,153 2.083 2,072 2,247 2,254 3,390 3471 668 TOTAL LIVEABLE 1,628 1,628 3,126 3,142 3,339 3,365 4,321 4,321 639 TOTAL SF 2,104 2,104 3,593 3,620 3,807 3,843 5,030 5,030 639 BLDG. HEIGHT (MAIN ROOF) 19'-6" 19'-6" 27'-0" 27'-0" 26'-8" 26'-8" 25'-6" 25'-6" 13'-8" BLDG. HEIGHT (TOP OF TOWER) N/A N/A N/A N/A N/A N/A N/A N/A N/A TENTATIVE MAP TRACT NO. CT 05-18 (CDP 05-37, HDP 06-02, LCPA 05-06, ZC 05-10, SDP 05-12, PUD 05-14, GPA 05-11) CITY OF CARLSBAD TYP. SEC. BLACK RAIL ROAD 5 340 Q'O.02C2=2.Qi TYPICAL SECTION PRIVATE STREET A mi <o SOLE PAD EL. PER PL' TYPICAL SECTION SURF CREST STREET NOT 10 UU.E GENERAL INFORMATION 1. TOTAL ACREAGEi S.05 CBMS AC 2. NET ACREAGE z-94 A ftf TE * SLOPE ANALYSIS) 3. TOTAL NUMBER OF LOTSl IS (12 RESDENTIAL. 2 OPEN SPACE AND I PRIVATE STREI TOTAL NUMBER OF UMTS. 12 PROJECT DENSITY, 4.08 4. EXISTING ZONMCi LC EXISTMG LAND USE) VACANT EXISTWC GENERAL PLAN, RLU 5. PROPOSED ZONMCi R-L OPEN SPACE PROPOSED LAND USEi SMGLC FAMLY 6. ESTIMATED CRADMC QUANTITIES) CUTi 21,800 C.Y. PERWSS6LE CY/AC F»-l' B.MO C.Y. PROPOSED TOTAL GRAOWG t 4.J20 CY/AC UCCEPTAftLEI EXPORT. 12.900 C.Y. REMEDIAL GRADING i?.OOO*_ CY T. ALL PROPOSED UTILITIES SHALL BE UNDERGROUND. 8. PUBLIC SEWER SERVICE BYi CITY OF CARLSBAD PUBLIC WATER SERVCE BY. CARLSBAD MUNKIPAL WATER DKTRCT PUBLIC CAS t WATER SERVCE BYi SOC4E PUBLIC TELEPHONE SERVICE BYi PACFC BELL PUBLIC FffiE PROTECTION BYi CITY OF CARLSBAD PUBLIC SCHOOL BYi CARLSBAD UNFCO SCHOOL DISTRICT 9. AVERAGE DALY TRAFFIC GENERATED BY THE PROJECIil20 10. DATE OF PREPARATION AUGUST M. 2006 K. TMS SUBDIVISION IS NOT SUBJECT TO MUNOATKM OR FLOOD. 12. SLOPE VEGETATON MXED NATIVE AND NON-NATIVE SHRUBS AND CRASS) 13. SEE LANDSCAPE PLANS FOR STREET LIGHT LOCATIONS. 14. REFUSE PICKUP WILL BE MOIWOUAL CONTAINERS BY CURB SIDE. DEVELOPER, SEASCAPE. LLC j MSQ OBERLM DRIVE. SUTE 3SO SAN DCCO.CA 92121 PHONE, (58-658-9100 TYPICAL LOT DRAINAGE TO FRONT USE ^ *C P*««« TYPICAL SECTION AVENA COURT EAST Ml 10 SCALE SK £161, DU. W.3IM OWNER LEGAL DESCRIPTION:A.P.N, 36-0*0-09 & I PER PLAI ji'UW. ^DEEPENED FOOTING IF REOUREOI «*PER SOILS ENGINEER'S APPROVAL TYPICAL SIDEYARD SWALE & SLOPE 0 SCM.C PRIVATE STREET A SCALE. HORIZ r=4Q'. VERT 1*16' CIVCOM & ASSOCIATES 5850 Ob*rlln Drive. Suite 35O Son Diego, Collfornlo 92121 1658*65B-94OO FOKI (858)658-9420 * ELEVATION SHOWN ON PLAN DETAIL: ROLLED CURB & GUTTER NO SCALE NO. i 2 3 4 5 e i B 9 K> I 12 STREET A LOT 1] RAL ROAD SURF CRESTSTREET AVEHAACOURT OPEN SPACELOT 14 OPEN SPACELOT IS UNI IS 1 1 I 1 1 1 1 1 1 1 '1 0 0 0 0 0 0 IN SF 6J40 6.000 6.000 6.000 6.000 7.500 6.990 B.HW I3.2BO 6.690 9.730 14.440 I7.2W IO.QK) 15.260 14.100 44.GTO 2I.5SO AREA 5.4TO 9,100 5.630 5.620 5.390 6,300 6.420 r.B20 N.IOO 6.660 8.770 M.050 TYPE 36 4C 36 4B 3A 4C IB )* 4B IA 6C 66 AVERAGE 2.0T2 2.294 2.0T2 2.247 Z.083 2.254 2.153 2.751 2.95 2,153 1.4 n 4.0SB SET BACK IT' 20' 20' 20' IS' 32' & 20- 40' 10- 20- 20' X L01 3J.75X 37.5T): 34.S3X 3T.45X 34.72X' M.05X 30.BSX 33.96X 2L9BX MjflX 3S.6 IX 2tJO!t X PAD )7,88X 3S.54X M.90X 39.9BX 38.65X 35.TBX 33.S4X 35J8X 26.26X 32.33X 39.SBX Za.887. PARCEL tie THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWESTQUARTER OF THE NORTHEAST QUARTER OF SECTION n. TO*NSHV> 12 SOUTH RANGE 4 WEST. SAN BERNARDINO BASE AND MERIDIAN. M THE CITY OF CARLSBAD, COUNTY OF SAN OCGO. STATE OF CAUFORNU. ACCORDMC '0 THE OFFICIAL PLAT THEREOF. i PARCEL > i a THE SOUTHEAST QUARTER OF THE SOUTHWEST OUAATER OF THE NORTHWESTQUARTER OF THE NORTHEAST QUARTER OF SECTION 2T. TOWNSMP 12 SOUTH RANGE 4 WEST. SAN BERNARDINO BASE AND MERIDIAN. W THE CITYOF CARLSBAD. COUNTY OF SAN OECO. STATE OF CALIFORNIA, ACCORONC TO THE OFFICIAL PLAT THEREOF. PARCEL i3 B AN EASEMENT FOR ROAD AND PUBLIC UTI.ITY PURPOSES OVER. UNDER. UPONAND ACROSS THE WESTERLY 30 FEET Of THE SOUTH HALF OF THE NORTHWESTQUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OFSECTION 2T. TOWNSMP 12 SOUTH, RANGE 4 WEST. SAN BERNARDINO BASEAND MERDIAN IN THE CITY Of CARLSBAD. COUNTY OF SAN DCCO, STATEOF CALFORMA. ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL i4 B AN EASEMENT fOR ROAD AND PUBLIC UTLITY PURPOSES OVER. UNDER. ALONGAND ACROSS THE WESTERLY 30 FEET OF THE NORTHWEST QUARTER OF THESOUTHWEST QUARTER OF THE MORHWEST QUARTER OF THE NORTHEASTQUARTER OF SECTION 27.TOWNSMP 12 SOUTH. RANGE 4 WEST. SAN BERNAR0MOBASE AND MERCIAN. IN THE CITY OF CARLSBAD. COUNTY OF SAN DCCO. STATE OFCALFORMA. ACCORDING TO THE us. GOVERNMENT SURVEY THEREOF. ENGINEER OF WORK ft. BHA TU R.C.E. 51348 £XP. 6-JO-08 CHCOU * ASSOCIATES5450 OBEnN OKVt. SU7£ JSPSAN DCCO. CA 92121'650451 -9400 TENTATIVE MAP SHEET I OF 3 TENTATIVE MAP TRACT NO. CT 05-18 (CDP 05-37, HDP 06-02, LCPA 05-06, ZC 05-10, SDP 05-12, PUD 05-14, GPA 05-11) CITY OF CARLSBAD EXISTMC EMEUeMT FOR PUBIC \ STREET MB PUBLIC UIUTY PURPOSESCHANTED PEX DOCUMENT NO. 200I-09659! RECORDED DEC.«, 2001 LX1ST1NG SiJBL»;VS!ON \.'\ :-.t'i~ ,;{: LEGEND CRAPHC SCALE f* 30' SITE PLAN TRACT NO. CT 05-18 (CDP 05-37, HDP 06-02, LCPA 05-06, ZC 05-10, SDP 05-12, PUD 05-14, GPA 05-11) CITY OF CARLSBAD REMOVE EXIST. *C B£RM *NO INSTALL «£• CURB. ' CUTTER I SOEWALK COLOR SCHEME I l5£M!< ' v \ rl'' T r''T^5:^Cjfe,:sn?s^- ..v\^"«»"cOU^V, :_,.r _-\ EAST AVENA ESIJTHC E*S£MEHT FOB PU64.C STREET ANO meuc UTUTT PURPOSCS .CIUNTCO PER DOCUMENT NO. ZO«X-0»5»J RECORDED DEC. 28. 20CN ENGINEER OF WORK LEGEND --0— GRAPHIC SCALE r* 30' COPY s/Tt PL/IN SHEET 3 Of 3 TENTATIVE MAP TRACT NO. CT 05-18 CITY OF CARLSBAD CONSTRAINTS MAP /SLOPE ANALYSIS VICINITY MAP NOT TO SCALE LEGEND DISTANCE VIEW HILLSIDE DEVELOPMENT PERMIT SLOPE PROFILE LOCATION TEMPORARY SLOPE CONSTRUCTED w 2001 IAS OFFSITE GRADING LOP MAY 22. 2000) TO FACILITATE DEVELOPMENT CT 97-20 TO THE SOUTH'- SEE GRADING PLANS 3H-5A CATEGORY AREA 1 AREA 2 AREAJ >40 t 0.28 Ac. 0.00 Ac. 0.02 Ac. 25 - 40 t 0-08 Ac. 0.06 Ac. 0.00 Ac. 15 - 25 % 0.08 Ac. 0.00 Ac. 0.01 Ac. 0 - 15 I 1*80 Ac. 1.71 AC. 1.01 Ac. GRADING VOLUMES CUT 21.800 CY FILL 8.9OO CY EXPORT 13,900 CY CONSTRAINTS NOTES MAJOR RIDGE LINES DISTANT VIEWS INTERNAL V£WS RIPARIAN OR WOODLANDS INTERMITTENT DRAINAGE COURSE 25X-40X SLOPES ( SEE LEGEND ABOVE) SLOPES GREATER THAN 40?. 1 SEE LEGEND ABOVE) MAJOR ROCK OUT CROPPING EASEMENTS FLOOD PLAINS ARCHEOLOCICAL SITES SPECIAL PLANNING AREA BIOLOGICAL HABITAT BEACHES PERMANENT BODES OF WATER WETLANDS LAND SUBJECT TO MAJOR POWER TRANSMISSION EASEMENTS RAILROAD TRACK BEDS NONE AS-SHOWN NONE , NONE NONE AS-SHOWN AS-SHOWN NONE AS-SHOWN NONE NONE NONE NONE NONE NONE AS-SHOWN NONE DENSITY CALCULATIONS ARE* I ARE* 2 SDUE EASEMENT WE* 3 TQtALCROSS ACRES 2.24 LF, L04 GP C*TCG.RLM 22* «. IW SDG4E EASEMENT 0.00 LIT 0.00 BEACHES 0.00 0.00 0.00 PERM.•ATERBOWES 0.00 0.00 0.00 SLOPESCHEATER THAW «OX 0.21 0.00 0.02 SLOPES2S-«0* (AREA/2) 0.04 O.OJ 0.00 MAJOR CMCULATKM 0,00 0*0 0^0 RALROM) 0.00 (LOO 0.00 FLOODWATS 0.00 0.00 0.00 RPARIAM WODLANOS OJM 0.00 040 WTLANOS OOO (LOO MO NETACRES 1.U I.OJ GROWTHCONTROLPONT 11 1.2 NO. OF UMTS kM U6 CftAPHIC SCALE r J*COPY (CDP '^ '•7; C ' ~O -t- —O <D UJ - 05-37, TM CT ;!.. ?. ' SCALE: HORZ.: 1". 3Q' VERT.: 1"- 30' I » EXIST HILLSIDE DEVELOPMENT PERMIT 06-02 05-18, LCPA 05-06, ZC 05-10, SDP 05-12, PUD 05-14, GPA 05-11) CITY OF CARLSBAD . . . . . fl! . . \ : i i : "" ' i >x/ i i ; i '' , : : i ! : ^ : i ' ! g -t- ~o>fo UJ - i i i i SECTION A-A •^ (. » " N ' : /.F|N'SH GRADE j EXIST .GROUND ; j : "-T-rrr ^ ,. / : : " » 0 S« «0 10 - I I ....-.— |-.-.-..-.. - j ; GRAPHIC SCALE r= 30' \ 1 1 1 1 1 /•Sifissiv ,m€^^ SECTION B-B (l(«^.)l) SLOPE PROFILES ^=*^ SHFt'T 2 OF s m'2.0fi BW20M 10 K 13 AM -J LANDSCAPE ARCHITECTURAL PLANS SEASCAPE CARLSBAD, CALIFORNIA CONCEPTUAL LANDSCAPE EXHIBITS CIVCOM & ASSOCIATES 5850 OBERLIN DRIVE, STE. 350 SAN DIEGO, CA 92121 NOTES LANDSCAPE CONCEPT PLAN THIS PROJECT HAS BEEN DESIGNED TO TAKE ADVANTAGE OF THE SEVEN 'XERISCAPE* LANDSCAPE PRINCIPLES LAID OUT BY THE CITY OF CARLSBAD IN APPENDIX B OF THE CITY'S LANDSCAPE MANUAL. THOSE PRINCIPLES ARE: 1. GOOD DESIGN2. THOROUGH SOIL PREPARATION 3. CAREFUL PLANNED USE OF SHRUB AND LAWN AREAS 4. ADAPTED, LOW WATER DEMAND PLANTS 6. EFFECTIVE AND EFFICIENT WATERING METHODS 0. MULCHED FLOWER AND SHRUB BEOS 7. PROPER LANDSCAPE MAINTENANCE AND MANAGEMENT DESCRIBED BELOW IN BRIEF ARE SOME OF THE FEATURES OF THE SEASCAPE LANDSCAPE PLAN THAT DEMONSTRATE THE APPLICATION OF THE ABOVE PRINCIPLES: NATURALIZING LANDSCAPE • THE LANDSCAPE PLANTWG PLAN GROUPS PLANTS BY THEIR WATER NEEDS, WITH THE MAJORITY OF THE PLANTING BEING DEVOTED TO LOW WATER USEAREAS, TERMED BY THE CITY'S MANUAL AS -NATURALIZING LANDSCAPES'. APPLYING PRINCIPLE FOUR, THE LOW WATER AREAS ARE FILLED WITH NATIVE AND WELL ADAPTED EXOTIC PLANTS WITH DYNAMIC COLORFUL ROWERS AND FOLIAGE. REFINED LANDSCAPE • TO SAVE WATER THIS LANDSCAPE PLAN MAKE USE OF THE 'GOOD DESIGN1 XERISCAPE PRINCIPLE BY PLANTING SHRUB AREAS THAT WOULD BE CATEGORIZED BY THE CITY'S LANDSCAPE MANUAL AS -REFINED LANDSCAPE WITH HIGHER WATER REQUIREMENTS ARE FOCUSED ON AREAS OF SPECIAL IMPACT SUCH AS THE ENTRY INTO THE OPEN SPACE AREA. THESE -REFINED1 PLANTING AREAS SHALL BE PLANTED WITH SMALL SHADE TREES (TREE SIZE LIMITED BY THE POWER LINES ABOVE OPEN SPACE AREA) THAT WILL REDUCE WATER LOST FROM EVAPOTRANSP(RATION. LUSH LANDSCAPE • AREAS WITH THE HIGHEST WATER USE (ONLY 30% OF THE TOTAL LANDSCAPED AREA) SHALL BE UNITED TO AREAS OF TURF WITHIN THE OPEN SPACE. THESE AREAS HAVE BE DESIGNED TO BE USED FOR RECREATION BY THE SURROUNDING HOMEOWNER. IRRIGATION AND MAINTENANCE • PLANTS SHALL BE GROUPED INTO ZONES ACCORDING TO WATER USE. THEREBY THE IRRIGATION SYSTEM CAN TAYLORED TO EACH ZONES WATER REQUIREMENTS AND CAN PROVIDE WATER EFFECTIVELY AND EFFICIENTLY. ADDITIONALLY MOST OF THE LANDSCAPING FOR THIS PROJECT SHALL BE WATERED USING RECLAIMED WATER. • LANDSCAPE AREAS SHALL HAVE REGULAR WEEKLY MAINTENANCE. THIS WILL BE DONE IN PART ENSURE WATER EFFICIENCY BECAUSE LANDSCAPE MAINTENANCE WORKERS CAN IDENTIFY AND FIX BROKEN ORMALFUNCTIONING IRRIGATION SYSTEMS COMPONENTS QUICKLY. AS NOTED IN XERISCAPE PRINCIPLE SIX ALL SHRUB AND FLOWER BEDS SHALL BE MULCHED IN ORDER TO MAINTAIN SOIL MOISTURE. KEY MAP VICINITY MAP VICINITY MAP NOT TO SCALE PREPARED FOR: CIVCOM A ASSOCIATES SAN DIEGO, CALIFORNIA 921215850 OBERLIN DRIVE CONTACT: ROGER BHATIA(858) 658-9400 SHEET INDEX TITLE SHEET L1 LANDSCAPE CONCEPT PLAN - MAINTENANCE ZONES L2 LANDSCAPE CONCEPT PLAN - PLANTING PLAN L3 WATER CONSERVATION PLAN L4 FIRE PROTECTION PLAN L5 WALL PLAN L6 >ER REQUIRING EROSION CONTROL MEASURES AS SPECIFIED HEREIN SHALL BE TREATED WITH ONE OR MORE OF THE FOLLOWING PLANTING STANDARDS: •. STANDARD *1 - COVER CROP/REINFORCED STRAW UATTMG: COVER CROP SHALL BE A SEED MIX TYPICALLY MADE UP OF QUICK GERMINATING AND FAST COVERING GRASSES. CLOVERS. AND/OR WILD FLOWERS. SUBMIT THE SPECIFIC SEED MIX FOR CITY APPROVAL PRIOR TO APPLICATION.THE COVER CROP SHALL BE APPLIED AT A RATE AND MANNER SUFFICIENT TO PROVIDE 90% COVERAGE WITHIN THIRTY (30) DAYS. TYPE OF REINFORCEMENT STRAW MATTING SHALL BE AS APPROVED BY THE CITY AND STAKED TO THE SLOPE AS RECOMMENDED BY THE MANUFACTURER. REINFORCED STRAW MATTING SHALL BE. REQUIRED WHEN PLANTING OCCURS BETWEEN AUGUST 15 AND APRIL 15. STANDARD K - GROUND COVER: ONE HUNDRED (100%) PERCENT OF THE AREA SHALL BE PLANTED WITH GROUND COVER KNOWN TO HAVE EXCELLENT SOIL BINDING CHARACTERISTICS (PLANTED FROM A MINIMUM SIZE OF FLATTED MATERIAL AND SPACEDTO PROVIDE FULL COVERAGE WITHIN ONE YEAR. STANDARD #3 - LOW SHRUBS: LOW SPREADING WOODY SHRUBS (PLANTED FROM A MINIMUM OF 2-3M INCH LINERS) SHALL COVER A MINIMUM OF SEVENTY (70%) PERCENT OF THE SLOPE FACE (AT MATURE SIZE). STANDARD « - TREES AND/OR SHRUBS: TREES ANDVOR LARGE SHRUBS SHALL BE (PLANTED FROM A MINIMUM OF 1 GALLON CONTAINERS) AT A MINIMUM RATE OF ONE (1) PER TWO HUNDRED (200) SQUARE FEET. SLOPES - 6:1 OR STEEPER AND: 31 OR LESS IN VERTICAL HEIGHT AND ARE ADJACENT TO PUBLIC WALKS OR STREETS REQUIRE AT MINIMUM STANDARD §S3 I AREAS GRADED FLATTER THAN 8:1 REQUIRE STANDARD *1 (COVER CROP) WHEN THEY HAVE ONE OR MORE OF THE FOLLOWING CONDITIONS: SHEET GRADED PADS NOT SCHEDULED FOR IMPROVEMENTS WITHIN 9 MONTHS OF COMPLETION OF ROUGH GRADING. A POTENTIAL EROSION PROBLEM AS DETERMINED BY THE CITY. IDENTIFIED BY THE CITY AS A HIGHLY VISIBLE AREAS TO THE PUBLIC OR HAVE SPECIAL CONDITIONS THAT WARRANT IMMEDIATE TREATMENT. g55 INSTALL PRECAST INTERLOCKING CONCRETE PAVERS {ORCO OR EQUAL) IN MX DRIVEWAYS. COLOR OF PAVERS TO MATCHHOUSE OR ROOF TILE. AS APPLICABLE. STYLE OF PAVER (SHAPE) TO BE SELECTED BY DEVELOPER. INSTALL PER MANUFACTURERS RECOMMENDATIONS. <B TYPICAL iT WIDE STABILIZEDDECOMPOSED GRANITE TFWL SEEPROJECT SPECIFIC PLANS TO VERIFY THAI W»TH IN OPEN SPACE AREAS (J) TWO POOT (Z1 WDE MAINTENANCEZONE ON BOTH S0ES. NO IRRIGATION HEADS SHALLBE PLACED IN THIS ZONE. NOTES: A TRAIL MOTH MAY VARY DEPENDING UPON LOCATION WITHIN OPEN SPACE OR LANDSCAPED AREAS. TRAM. WIDTH TO BE t UNLESS SPECIinED OTHERWISE. REFER TO PLANS FOR TRAIL WIDTH REOUREMENTa. 8. CONDUCTOR SHALL PROVIDE POSITIVE DRAINAGE FOR THE TRAIL WTTH A 2tt UIWMUU CROSS SLOPE IN THE ORECT1ON OF THE ESTABLISHED WATERSHED. C. MATERIALS AND METHODS FOR TRAILCONSTRUCTION SHALL BE IN ACCORDANCE WITHATTACHED SPECIFICATIONS FOR INBTALUNQ STABILIZED DECOMPOSED ORAMTE MATERIALS. ® DECOMPOSED QRAWTEWrTHSTABIUZERCOLOR SHALL BE DUFF OH TAN.SUBMTT SAMPLE TO OWNER FOR APPROVAL,INSTALL IN TWO-2- LIFTS. COMPACT BETWEENLIFTS M ACCORDANCE WITH SPECIFICATIONS. <3> 90* COMPACTED NATIVE SOL <J HUSHED GRADE W LANDSCAPEAREAS TO BE W BELOW TRAIL SURFACE FINISH GRADE. I TYPICAL UNPAVED OPEN SPACE TRAIL (5% SLOPE OR LESS) STABILIZED DECOMPOSED GRANITE TRAIL - H.O.A. MAINTAINED PREPARED BY:TITLE SHEET SEASCAPE CITY OF CARLSBAD, CALIFORNIA LI CONNECT TOEXISTING TRAIL N EXISTING SDG&E\ -4 _ TOWER PRIVATE REC AREA (TYP.) MAINTENANCE AREAS/ WATER SYSTEM TYPE CONNECT TOEXISTING TRAILHOMEOWNER MAINTENANCE AREA/ PROPOSED POTABLE WATER SYSTEM MAINTENANCE PLAN SEASCAPE CITY OF CARLSBAD, CALIFORNIA NOTE: SEE LANDSCAPE CONCEPT PLAN, SHEET 3 FOR SPECIFIC PLANTING INFORMATION. CIVCOM A ASSOCIATESSAN DIEGO, CALIFORNIA 92121 5850 OBERLIN DRIVE STE. 350H.O.A MAINTENANCE AREA/ FUTURE RECLAIMED WATER SYSTEM CONTACT: ROGER BHATIA(858) 658-9400 CONNECT TO N FOR WALL HEIGHTS AND SEE TITLE SHEET. T-1, FOR EXISTING SDG&E\ ~L_ _MATERIALS SEE SHEET L-6 z PLAN 6C F I PRIVATE REG AREA (TYP.) GROUNDCCVER LEGEND I mi n*n 9 RHAmKILEPnHDICA'BALLEIUNA' MMflFMOIAHMNTHOfW • irO.C 0 RHU3MTEOMFOUA LEMONADE BEBRY ' C*L © LEOCOPMTU1JM FRUTESCCHa 0 UGUSTHUM-IAFOMCUMTEWVUJW WAX LEJtf PRIVET PHORMUHTENAX'ATROPURPUREA' NEW ZEALAND FLAX CXDNNECT TO EXISTING TRAIL. . PLANTING PLAN SEASCAPE CITY OF CARLSBAD, CALIFORNIA 6SHEETS CIVCOM A ASSOCIATESSAN DIEGO, CALIFORNIA 92121 5850 OBERLIN DRIVE STE, 350NOTE: SEE SHEET L-1 FOR ADDITIONAL CITY OF CARLSBAD PLANTING NOTES. IURF41YBWD ALTA FEBCUE tlKlfK SAVSR OR EQUW.CONTACT: ROGER BHATIA(S58) 658-9400 -J EXISTING SDG&E\ PRIVATE REC AREA (TYP.) PROPOSED RECLAIMED WATER USE AREA WATER CONSERVATION LANDSCAPE ZONES % OF LANDSCAPE AREA TYPICAL PLANTING PER ZONE [ J ZONE 1-LUSH LANDSCAPE (TURF) ZONE 2 - REFINED LANDSCAPE TURF - WATER CONSERVING VARIETY CHETES BICOLOR (YELLOW BUTTERFLY IRIS),LIGUSTRUM JAPONICUM TEXANUM1 (WAX LEAF PRIVET} RHAPIOLEPI5 SPECIES (INDIA HAWTHORN). ETC. NECT TO EXISTING TRAILBACCHARIS PILULARIS (DWARF COYOTE BUSH),CEANOTHUS SPECIES (CALIFORNIA LILAC), COTONEASTER DAMERII (COTONEASTER), LEUCOPHYLLUM FRUTESCENS (TEXAS RANGER). MUHLENBERGIA RIGENS (DEER GRASS), MYOPORUM PARVIFOLIUM (PINK WYOPORUM). ZONE 3 • NATURALIZING LANDSCAPE WATER CONSERVATION PLAN SEASCAPE CITY OF CARLSBAD, CALIFORNIA CIVCOM * ASSOCIATES SAN DIEGO, CALIFORNIA 92121PHORMIUM TENAX 'ATROPURPUREA' (NEW ZEALAND FLAX1 5850 OBERLIN DRIVE STE. 350ROSMARINUS O. 'PROSTRATUS* (PROSTRATE ROSEMARY) RHUS INTEGRIFOUA (LEMONADE BERRY), ETC.CONTACT: ROGER BHATIA(858) 658-9400TOTAL AREA OF SITE LANDSCAPED B.L ILJWLK \\^ | 1 V EXISTING SDG&E\ -L_ _ ip C ~ T^M»im \ >i y. ^^^^ ZONEA1 [ + * + +| ZONEA! 188888 ZQNEM A. PLANTED WITH GROUND COVER (LESS A. PLANTED WITH LOWWATER USE NATURALIZING PLANT SPECIES KNOWN TO THAN 3* HEIGHT) KNOWN TO HAVE FIRE NATURALIZING PLANT SPECIES ^yc Low FUE, CHARACTERISTICSRETARDANT QUALITIES. KNOWN TO HAVE LOW FUEL HAVE LOW FUEL CHARACTERISTICS. CHARACTERISTICS. „ IRBKJATEo B. NO TREES PLANTED: C. NO TREES PLANTED C. IRRIGATED B.IRWGATED J FIRE HYDRANT SEE LANDSCAPE CONCEPT PLAN. SHEET 3 FOR SPECIFIC PLANTING INFORMATION./ CONNECT TO \-^EXISTING TRAIL . , ,. „1 1 1 1 1 PREPARED FOR: CIVCOM & ASSOCIATES SAN DIEGO, CALIFORNIA 921215850 OBERL1N DRIVE STE. 350 CONTACT: ROGER BHATIA(158) 658-9400 PREPARED BY: <~. . • •• .. •..:.-.'.. ;,: • FIRE PROTECTION PLAN SEASCAPE CITY OF CARLSBAD, CALIFORNIA iiSHEET L5 OP * SHEETS X "XISTNGSDG&E \ TOWER PRIVATE REC AREA (TYP.) Q) r ® NCJIL icTTITiXl JJ^ xvK x ¥ / ^"'\:~ - / s —-/-^^—f - -*•—/- N ~=-S-~~-"~ FENCE AND WALL LEGEND MASONRY BLOCK WALL WITH GLASS VIEW PANELS i/r=i'-tr(T) B X» X1* SLUUPBTONe BLOCK.COLOR; 1A PAT (T) aLUMPSTONE BLOCK PLASTER,~""" WALL PLAN SEASCAPE CITY OF CARLSBAD, CALIFORNIA ' SHEE" CIVCOM & ASSOCIATESSAN DIEGO, CALIFORNIA 921215850 OBERUN DRIVE STE. 350 MASONRY BLOCK WALL ROOF PLAN A" I/B"= r-o" ROOF PLAN B i/a"= i'-o" PARTIAL FLOOR PLAN "B" Seascape atflvena Court FIRST FLOOR PLAN 1.628 sq. ft. 3 BEDROOMS, 2 BATHS 2-CAR GARAGE © 2008 SCALE: I/-T = I'-O" REFER TO SITE PLAN FOR SET BACK DIMENSIONS n LAST B£V: O3/3UM tn GAO*TACAO\DWG\JOO«\!405 CARLSCAD M06EIA PRELIM \2405- PINT DCS FRONT ELEVATION A SCALE : 1/4" = V-0" LEFT ELEVATION ASCALE : 3/16" = V-0" Seascape atfivena Court © 20oa iwuctiTiMKsaMimc»>MmAMoT>«myfmrKMiMTMaiMwN»NO(irK«iiMMM«cnCTtwLLHCnBE»«nixjuacatcDMc^^ PLAN I-A DESIGN ELEMENTS: COLUMN WWDOW AND DOOB LINTELS EXTERIOR WOOD ELEMENTS: SHUTTERS. COLUMN BUTTRESS WALL MATERIALS: ROOF: CONCRETE SLATE TILE WALL: STUCCO TRIM: STUCCO OVER K i 2X FOAM SHAPES TRIM • OPEHNG ALL OPEMNG ON ALL ELEVATION SHALL HAVE r DP. FOAM W/STUCCO OR WOOD EXCEPT FOR OPEMNG THAT ARE RECESSED 2' OR MORE I OMIT AT EDGES WHERE SHUTTERS FASCIA: WOOD ACCENTS: SHUTTERS SECTIONAL GARAGE DOOR WOOD COLUMNS CHWNEY CAP RIGHT ELEVATION A SCALE : 3/16" = l'-0" BACK ELEVATION A SCALE : 3/16" = V-0" P I>AM; i el; \ TON AIM:III n:c i s . JEFFERSON ST.. UMT J. ANAHEIM. CA 82807-1629, PHONE: 7H-632~942Q :\DATACAD\DWC\I004\2403 CARLSBAD NOBtL\PRtUM\2405-ELV1A.OC5 FRONT ELEVATION B SCALE : 1/4" = t'-O" LEFT ELEVATION B SCALE : 3/16" = I'-O"PLAN I-B DESIGN ELEMENTS: COLUMN WINDOW AND DOOR LINTELS EXTERIOR WOOD ELEMENTS; SHUTTERS, OUTLOOKER BEAMS BUTTRESS WALLS MATERIALS: ROOF: CONCRETE SLATE TILE WALL: STUCCO TRW STUCCO OVER IX I 2X FOAM SHAPES TRIM * OPEMNG: ALL OPENWG ON ALL ELEVATION SHALL HAVE 2' DP. FOAM W/STUCCO OR WOOD EXCEPT FOR OPENING THAT ARE RECESSED 2' OR MORE & OMIT AT EDGES WHERE SHUTTERS FASCIA: WOOD ACCENTS: SHUTTERS WOOD OUTLOOKER BEAMS RIGHT ELEVATION B SCALE : 3/16" = V-0" Seascape atjfrvena Courtl <J) 2008 B*LI MIJW KtEMi* Hf carman! woontnmownxatm M n«« BUWMM AM>C»MSEB>OCMKB. AMI T«Y svuj. MBT MW«»UCW, cortD«ai*i«D wwiiocyfit MWM SECTIONAL GARAGE DOOR BACK ELEVATION BSCALE : 3/16" = V-0" HAM; i n;x nix 1200 N. JEFFERSON ST.. UNIT J. ANAHEM, CA 92B07-I629. PHONE: 714-632-9^20 DATE 06/02/M LAST REV, 00/31/06 1 CADAIACAD\D*GS200«\2«05 CARLSBAD NOBEL\PREUU\2«05~ELVt8.0CS ROOF PT.AN "A" i/a"= i'-o" SECOND FLOOR PLAN "A" Seascape atflvena Court © 2008 WtecwroNMSBW*Mla»««HI«*)OTt«nw»elIt«CMrSKT«MWWW«»M*>t»l«MDMBal»*M>Ther jnAUNOTICMNUajcEO. CCMDMCWMOEDWmTaaevtKH 1.739 sq. ft.FIRST FLOOR PLAN "A"1.3B6 sq. ft. 1 TO 5 BEDROOMS - OFFICE OPTION 4 BATHS LOFT OPTION 2-CAR GARAGE SCALE: I/4" = I'-O' REFER TO SITE PLAN FOR SET BACK DIMENSIONS n;xrox A\IM:III 11:1: i s I j 2091 BUSINESS CENTER DRIVE • 210, IRVINE, CALIFORNIA. 82612. 949-655-1174. L.IC.*iH94 BOO N. JEFFEBSON ST.. UMT J. ANAHEM. CA 92807-1629. PHOME: TM-632-MiiO 3.128 80. FT. joe NO iias fit JWS-Ft DATE: o LAST (EV. c BACK ELEVATION A SCALE : 3/16" = V-0" FRONT ELEVATION A SCALE : 1/4" = V-0" LEFT ELEVATION A SCALE : 3/16" = I'-O" Seascape at^Lvena Court RIGHT ELEVATION A PLAN 3-A SCALE : •>/ I0 - ' DESIGN ELEMENTS: COLUMN WINDOW AND DOOR LINTELS EXTERIOR WOOD ELEMENTS; OUTLOOKER, BRACE 8, CORflELS BUTTRESS WALLSACCENT: BRICK DECK AND RALHG TI H Tr<K DMWHi WO iJWtSMD M ROOF: CONCRETE SLATE TILE WALL STUCCO TPJM: STUCCO OVER IX A 2X FOAM SHAPES & WOOD FASCIA: WOOD TRIM * Of EMNG ALL OPENING ON ALL ELEVATION SHALL HAVE 2" DP. FOAM W/STUCCO OH WOOD EXCEPT FOR OPENING THAT ARE RECESSED 2' OR MORE & OMT AT EDGES WHERE SHUTTERS ACCENTS: BRICK WOOD OUTLOOKER BEAMS SECTIONAL GARAGE DOOR CHIMNEY CAPMETAL RACING (200 N JEFFERSON ST.. UNIT J. ANAHEIM. CA 92807-1629, PHONE: 7H-632-9420 C:\DAUCAD\DWC\KXH\2405 CARLSBAD M06EL\PRELIM\2«05-ELV3A.DC5 ROOF PLAN "B" i/a"= r-o" VASTER BEOKOOH \ \ a,ckfd SECOND FLOOR PLAN "B" Seascape atfivena Court 1.739 sq. ft.FIRST FLOOR PLAN "B"1.403 sq. ft SCALED: 1/4' = 1-0" •. lift TO M ASSOHO 10 Mfl tH» f• 1200 N. JEFF6RSON ST.. UNIT J. ANAHEM. CA 82607-1629, PHONE: 7H-632-9<20I i_20SljUSINESS^EhJTER DRIVE *_210. IRVINE. CALFORN1A. 626l2.__aj9-955-jj74,_LIC.i2ll9j FT. Fi-t 210S-n.N3 DATE oe/oi/oa «T REV. 03/31/08 BACK ELEVATION BSCALE : 3/16" = 1-0" FRONT ELEVATION B SCALE LEFT ELEVATION B SCALE : 3/16" = 1-0" Seascape atflvena Court «. AMTMtt VMlLM>TMMNOOlX(D.CarCOWCtWKCOWIttTtCCVfll.NO«IAK TT SCALEPLAN 3-6 DESIGN ELEMENTS:COLUMN WWDOW AND DOOR LWTELS EXTERIOR WOOD ELEMENTS; SHUTTERS GABLE END EAVE DETAILARCHED ELEMENTS VAHIED WINDOW SHAPES GABLE END RECESS SQUARE SHAPE ACCENT: STONE RIGHT ELEVATION B3/16" = V-0" MATERIALS: ACCENTS:ROOF: CONCRETE SLATE TIE WALL: STUCCO TRIM: STUCCO OVER IX 1 2X FOAM SHAPES TRIM f OPENING: ALL OPENNG ON ALL ELEVATION SHALL HAVE PRECAST CONCRETE COLUMN 2* DP. FOAM W/STUCCO OR WOOD EXCEPT FOR OPENING THAT ARE RECESSED T OR MORE I OMIT AT EDGES WHERE SHUTTERS FASCIA: WOOD SHUTTERS STONE SECTIONAL GARAGE DOORCHIMNEY CAP HAM: L <:I;\TOX AIMJII i I:I:TS L 2091 BUSINESS CENTER DRIVE «210. RVINE, CALIFORNIA. 92612. 9^9-955-117^, LIC.»2II95 1200 N JEFFERSON ST. UNIT J. ANAHEIM, QAJ>2SOy-1629, PHONE: 7H-632-&420 DATE- MX02/M I LAST MV: 03/3IXDfi C:\DATACAD\DWO\ZOO*\2^05 CArUSflAO NOBEL\PRtUM\2t05-El.V3B.DC5 ROOF PLAN "B" i/e"= i'-o" INDICATES SINGLE J—STORY EDGE ;•.. EDGE CALC PLAN "B" line of floor above- SECOND FLOOR PLAN "B"1,664 3q. ft. Seascape atflvena Court FIRST FLOOR PLAN"""B"1.675 sq. ft. 4 TO 5 BEDROOMS. \ BATHS LIBRARY/OFFICE OPTION 2-CAR GARAGE SCALE: 1/4" = V-0' REFER TO SITE PLAN FOR SET BACK DIMENSIONS IKIIJ: i, <:i;\ nix AIMIIHI i<<: i s 1200 N JEFFERSON ST.. UNIT J. ANAhElM. CA 92807-1629. PHONEi 7M-632-M20 9 §@. FT.WTfc oa/03/M LAST REV. 03/31/oa )ATACAD\0*C\2004\2403 CARLS8AD NOBEL\PF(EUU\240^PtN4.0C5 BACK ELEVATION "B' SCALE : 3/16" = V-0" LEFT ELEVATION "B': SCALE : 3/16" = I'-O" FRONT ELEVATION "B' SCALE : 1/4" = V-0" RIGHT ELEVATION B SCALE : 3/16" = V-0" Seascape atfivena Court Ml OMNQtO WIWTScnOV MM AN Tt PLAN ^-BDESIGN ELEKtNTS: WtCOW AND DOOft LINTELS EXTERIOR WOOD ELEMENTS; SHUTTERS KNEE BRACES DECK AND RAILING ACCENT: STONE WALL: STUCCO TRIM: STUCCO OVER IX 1 2X FOAM SHAPES TRIM * OPENING: ALL OPENING ON AL ELEVATION SHALL HAVEr DP. FOAM W/STUCCO Oft WOOD EXCEPT FOR OPENWG THAT ARE RECESSED 2" Oft MORE I OMIT AT EDGES WHERE SHUTTERSFASCIA: WOOD ACCENTS: SHUTTERSSTONE SECTIONAL GARAGE DOOR CHMNEY CAPMETAL RALNG POO N JEFFERSON ST.. UNTT J. .ANAHEIM. CA B2807-I629. PHONE: 714-632-9420.2091 BUSINESS CENTER DRIVE '210. IRVINE. CALIFORNIA. 92612. 848-955-1174. LIC.'2II94 LAST REV: O3/3X08 C:\DATACAD\01lC\I004V2405 CARLSBAD MOB£L\P«(LIM\3405-£LV+B.DC5 ROOF PLAN "C" I/B"= i'-o" EDGE CALC PLAN "C" line of floor ab, SECOND FLOOR PLAN "C"..1.686 sq. ft. Seascape atflvena Court (?) 2008 OMJ CMTCH Kt0Hn US CCTTIWHT A*O OlrM HICTTHTY HOffll M1>*« HWWMS1 **» IWW9B1 HICt*. MO Tf«1 »W.L HOT MtfrtOOUCID, CCftO C* CHMOD mHTSOfVn H TSSMfVBf" '"**' FIRST FLOOR PLAN "C"1.679 sq. ft. SCALE: 1/4' = I'-O" REFER TO SITE PLAN FOR SET BACK DIMENSIONS <:I;\TTON AIU:III i i:t;i s 1200 H JEFFERSON ST.. UNIT J. ANAhtM. CA 92807-1629. PHONE- 7H-632-9-42D .AST fCV 03/S/C8 MET NO. C:\OATACAD\DWC\?00+\!405 CARLSBAD NOBE(APRELIM\2wS-PLm.DCS BACK ELEVATION "C' SCALE : 3/16" = V-0" ^ -x^ •:£}:" . • . U H/vf3-*'->fi?V^ fcvf FRONT ELEVATION C SCALE : 1/4" = V-0" LEFT ELEVATION "C'SCALE : 3/16" = V-0"RIGHT ELEVATION "C' SCALE : 3/16" = V-0" Seascape atfivena Court PLAN 1-CDESIGN ELEMENTS: GABLE END EAVE OETAL ARCHED ELEMENTS VARIED WK)OW SHAPESGABLE END CLAY PPE DECK Art) METAL RAILING MATERIALS: ROOF: CONCRETE 'S' TIEWALL STUCCO TRM STUCCO OVER K t 2X FOAM SHAPES TRM > OPEMNi ALL OPEMNG ON AL ELEVATION SHALL HAVE 2* DP. FOAM W/STUCCO OR WOOD EXCEPT FOROPENNG THAT ARE RECESSED 2- o«MORE & OMT AT EDGES WHERE SHUTTERS FASCIA: WOOD ACCENTS: SECTIONAL GARAGE DOOR CHMNEY CAP STUCCO OVEB FOAM TRM POTSHELF »AIJ; i, t:i;\T»x Aiinn i i:c i s L 2091 BUSINESS CENTER DBtVE~iai6. IRVINE. CALIFORNIA. 92612. 9^6-6S5-l^7^. LlC.t21l8<1200 N JEFFERSON ST.. UMT J. ANAhCM. CA ,02607-1629, PHONE: 7H-633-M20 JAIACAD\0»C\!004\2405 CAftLSBAO NOBEL\PRtLIM\I405-ELV4C.[>C5 COVEREDDECKo SECOND FLOOR PLAN B FIRST FLOOR PLAN B Seascape atflvena Court 5 BEDROOMS. 5 BATHS GAME ROOM OPTION S BONUS RETREAT 3-CAR GARAGE SCALE: 1/4" = V-0" REFER TO SITE PLAN FOR SET BACK DIMENSIONS 1200 N. JEFFERSON ST.. UNIT J^.ANAHEM. CA 92907-I639LPHOI^: 7H-632-M202091 BUSINESS CENTER DRIVE *2IO. IRVINE. CALIFOFtNIA, 92612. 949-955-1174, LIC.*21I84 FT.LAST HEV 03/»/Oi HCAO\0*C\;004\2*05 CARLSBAD NOBf UPftELIM\2405- PLN6.DC5 BACK ELEVATION "B' SCALE : 3/16" = V-0" FRONT ELEVATION "B'SCALE : 1/4" = V-0" LEFT ELEVATION "B' SCALE : 3/16" = 1-0" Seascape atjftvena Court RIGHT ELEVATION "B" SCAIE : 3/16" = T-0" PLAN 6-BDESIGN ELEMENTS:WMX)W AND DOOR LNTELSEXTENOR WOOD ELEMENTS; SHUTTERSKNEE BRACESDECK AND BALINGACCENT. STONE MATERIALS: flOOR CONCRETE SLATE THEWALL: STUCCO TRIM. STUCCO OVER IX & 2X FOAM SHAPES THM * OPENWG ALL OPEMNG ON AL ELEVATION SHALL HAVE T DP. FOAM W/STUCCO OR WOOD EXCEPT FOR OPENWG THAT ARE RECESSED 2' OR MORE & OMIT AT EDGES WHERE SHUTTERS FASCIA: WOOD ACCENTS: SHUTTERSSTONE SECTIONAL GARAGE DOORCHMNEY CAP METAL RAJLWG t:i;\ i ox AI;I:III 11:1: i s 1200 N^JEFFERSON ST.. UMT J. ANAHEIM, CA 82807-1629. PHONE; 7M-632-fr<2O LAST REV: 03/31/M G:SDAUCADSOWC\2004\2405 CARLSBAD NOB£L\PRELIM\2405-ELW SECOND FLOOR PLAN "C"1,846 sq, ft.FIRST FLOOR PLAN "C" Seascape atfivena Court 2,475 sq. ft. © 2008 SCALE: I/-4" = I'-O" REFEB TO SITE PLAN FOR SET BACK DIMENSIONS L ci;x i ox AIICIII 11:1: i s POP N JEFFERSON ST., UNIT q ANAhCIM. CA 62807-1629. PHONE: 7H-632-842Q @. FT.DATE: OB/02/M LAST REV: 03/3l/0t >AUC*D\OV(0\20(M\2405 CARLSBAD NO6a\P«l!U\24(K-PLN6.0C5 PLOT (MTt »-Maa BACK ELEVATION "C' SCALE : 3/16" = 1-0" FRONT ELEVATION SCALE : 1/4" = V-0" LEFT ELEVATION "C' SCALE : 3/16" = V-0"RIGHT ELEVATIONSCALE : 3/16" = V-0" Seascape atflvena Court D © 2008 OM* cttTCN MKMItl m CVimMI MO orttfl PLAN B-CDESIGN ELEMENTS: GABLE END EAVE DETAIL ARCHED ELEMENTSVARIED WINDOW SHAPES GABLE END CLAY FPE DECK AND WOOD/VINYL RALNG MATERIALS ROOF: CONCRETE -S' TILE WALL STUCCO TIM STUCCO OVER IX i 2X FOAM SHAPES TRIM » OPEMNft ALL OPENNG ON AL ELEVATION SHALL HAVE 2" DP. FOAM W/STUCCO OR WOOD EXCEPT FOR OPEUNG THAT ARE RECESSED T OR MORE i OMIT AT EDGES WHERE SHUTTERSFASCIA: WOOD ACCENTS: SECTIONAL GARAGE DOORCHMNEY CAP STUCCO OVER FOAM TRIM POTSHELF i, t:i;x rox AIM:III 11:1: i s . JEFFERSON ST.. UNIT J. ANAHEM. CA B2807-1629, PHONE: 7H-632-M20 FLE 2-WS-ELVOC LAST DEV: 03/M/OS DADATACAD\OW<A2004\2«OS CARLSBAD MOBEL\P«ELIU\!40&-tLV6C.OC5 ROOF PLAN "C"SCALE: 1/B'=|--P-ROOF PLAN "B"SCALE; l/B'sl'-O' Seascape atfivena Court HAM; L t;i;x i o\ AIICIII 11:1: i s 1200 N. JEFFERSON ST.. UNIT J. ANAHEIM. CA 82807-1629. PHONE: 7M-632-9420 G-\DATACAD\DVrCS2004\24D5 CARLSBAD NOB£L\PRELIM\2405-PLN6.DC5 JOBNOIW& FILE JWJ-M.N* OAT& oa/ovoe LAST KV 03X3L/06 BUILDING SQUARE FOOTAGE FLOOR AREA: 639 SQ.FT. COVERED PORCH 29 SQ.FT. ROOF PLAN "3A" & "6B" ROOF PLAN "4B" SCALE : 1/8" = V-0" SCALE : 1/8" = V-0" BACK ELEVATION "B" TRIM * OPENING ALL OPENING ON AL ELEVATION SHALL HAVE2' DP, FOAM W/STUCCO OR WOOD EXCEPT FOfl OPENING THAT ARE RECESSED 2' OR MORE & OMIT AT EDGES WHERE SHUTTERS Seascape atflvena Court © 20D8 OHJ. ctiTm wewf 9 IB cortiHiHt M« one* nomrrv MMI M TMK wi»wiMt*«i*«(MDoes«*A«Btt*f»w.LNOT»f KrtococEft co»«oo«cHM«aD«mTic«vWMo«A« t»«» TO« FRONT ELEVATION "C"SCALE 1/4" « 1-0" BACK ELEVATION "C"SOME : i/i*- - r-r 2091 BUSINESS CENTER DRIVE *2IO. IRVINE. CALIFORNIA. 92612. 646-&S_5-Tl7V. LIC.«2II9 1200 N. JEFFERSON ST.. UNIT J. AMAHEIM. CA 92807-1629. PHONE 7H-632~9^0 DATt 08/03/M C:\OAlACAD\DvrC\?00*\2^0b CARLSBAD NOB£L\HHtLIW\2405 CASITA.K5 EXHIBIT 6 Planning Commission Minutes November 5, 2008 r-r-i _^ Page 7 H DRAFi Chairperson Whitton asked if there were any members of the audience who wished to speak on the item. Seeing none, he opened and closed public testimony. Chairperson Whitton asked if there were any questions of Staff. Commissioner Cardosa complimented the applicant on the neighborhood meetings and outreach. Commissioner Boddy stated the project looks a little large but she supports the project. Commissioner Dominguez stated the design is nice and it will be a nice improvement in the area. Commissioner Baker stated she supports the project. Commissioner Montgomery stated he supports the project. Chairperson Whitton stated it is a nice project. MOTION ACTION: Motion by Commissioner Montgomery, and duly seconded, to approve that the Planning Commission adopt Planning Commission Resolutions No. 6483, 6485, and 6486 approving Site Development Plan (SDP 07-07), Coastal Development Permit (CDP 07-32), and Hillside Development Permit (HDP 07-04), based upon the findings and subject to the conditions contained therein, errata included. VOTE: 6-0-1 AYES: Chairperson Whitton, Commissioners Baker, Boddy, Cardosa, Dominguez, and Montgomery NOES: None ABSTAIN: None ABSENT: Commissioner Douglas Chairperson Whitton closed the Public Hearing on Item 3 and asked Mr. Neu to introduce the next item. 4. GPA 05-11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06- 02/HMP 07-09 - SEASCAPE - 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, Zone Change, Local Coastal Program Amendment, and Site Development Plan; and a request for approval of a Tentative Tract Map, Planned Development Permit, Coastal Development Permit, Hillside Development Permit, and Habitat Management Plan Permit for the subdivision, grading and development of a 5.05-acre site into twelve residential lots, two open space lots, and one private street lot, including the construction of twelve single-family residences and three second dwelling units on property generally located on the northeast corner of Black Rail Road and Avena Court East within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 20. Mr. Neu introduced Agenda Item 4 and stated Associate Planner Jason Goff would make the Staff presentation. Chairperson Whitton opened the Public Hearing on Item 4. Mr. Goff gave a detailed presentation and stated he would be available to answer any questions. Chairperson Whitton asked if there were any questions of Staff. Commissioner Cardosa asked Mr. Goff to explain the maintenance of the open space. Mr. Goff stated there will be an HOA assigned to the project, which would be in charge of maintaining all common areas. Chairperson Whitton asked about the second dwelling units that will be affordable housing units and how the tenants are chosen. Ms. Fountain stated that the property owner is responsible for selecting tenants Planning Commission Minutes November 5,2008 Page 8 for the second dwelling units ensuring that the tenant meets the income qualifications, but the property owner can set their own screening requirements. Chairperson Whitton asked about these second dwelling units being used as home offices. Ms. Fountain responded that it is very difficult to regulate how the property owners use their second dwelling units, but the property owners are advised every year of what their agreement obligations are. Commissioner Dominguez asked if the second dwelling units are working for the city. Ms. Fountain responded that some project's affordable requirements are so small second dwelling units are the only way to meet the affordable housing requirements. Nearly half of the second dwelling units are meeting the affordable housing needs by providing housing for extended family and this is beneficial in the long run for the city. There is an option to pay in lieu fees but that decision is left to the developer. Chairperson Whitton asked if there were any other questions of Staff. Seeing none, he asked if the applicant would like to make a presentation. Ron Vandermooren gave a brief presentation and stated he would be available to answer questions. Chairperson Whitton asked if there were any questions. Commissioner Montgomery asked about the high power lines and whether they are disclosed to potential buyers. The applicant stated yes. Chairperson Whitton asked about whether or not the land has been cleared of any chemicals. The applicant's civil engineer, Mr. Bhatia, stated yes the land was cleaned up and an environmental study was completed. Commissioner Boddy asked if there was any consideration given to pre-wiring the houses for solar panels. Mr. Bhatia stated he would definitely be looking at a lot of those options as the market moves in that direction. Mr. Bhatia also stated that they are utilizing pavers at each houses driveway to help with drainage and other efficiencies to help the environment. Chairperson Whitton asked if there were additional questions for Staff. Seeing none, he asked if there were any members of the public who wished to speak on the project and opened Public Testimony. Peter DeMonchy, 6799 Palermi Place, asked if the site will be gated and further asked about the use of the casitas and whether or not it was appropriate for the Aviara community. He also asked about the square footage of the homes and casitas. Chairperson Whitton asked if there were any other members of the audience who wished to speak on the item. Seeing none, he opened and closed public testimony. Mr. Goff gave the square footage of the units and stated the casitas meet the maximum second dwelling unit requirements. In regards to the GPA and ZC, due to the powerline easement on the property, the easement needs to be within an open space zone. Mr. Neu responded to the use of the casitas. He stated the Aviara Master Plan satisfied their affordable housing needs with the Point Loma development but the use of the second dwelling will be up to the property owner. Commissioner Dominguez asked if the project site is within the Aviara Master Plan. Mr. Neu stated no. Mr. Wickham responded to the issue regarding gated communities. He stated from an Engineering standpoint they do not advocate gated streets. They prefer them open. Commissioner Dominguez asked about connection between the two developments. Mr. Wickham responded that connecting the two developments helped with the use of public drainage and public streets. Chairperson Whitton asked if there were any questions of Staff. Planning Commission Minutes November 5, 2008 Page 9 MOTION ACTION: VOTE: AYES: NOES: ABSTAIN: ABSENT: Motion by Commissioner Montgomery, and duly seconded, to approve that the Planning Commission adopt Planning Commission Resolution No. 6498 recommending adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and adopt Planning Commission Resolutions No. 6499, 6500, 6501, and 6504 recommending approval of a General Plan Amendment (GPA 05-11), Zone Change (ZC 05-10), Local Coastal Program Amendment (LCPA 05-06), and Site Development Plan (SDP 05-12), and adopt Planning Commission Resolutions No. 6502, 6503, 6505, 6506, and 6507 approving a Tentative Tract Map (CT 05-18), Planned Development Permit (PUD 05-14), Coastal Development Permit (CDP 05-37), Hillside Development Permit (HDP 06-02), and Habitat Management Plan Permit (HMP 07-09), based on the findings and subject to the conditions contained therein. 6-0-1 Chairperson Whitton, Commissioners Baker, Boddy, Cardosa, Dominguez, And Montgomery None None Commissioner Douglas Chairperson Whitton closed the Public Hearings and thanked Staff for their presentations. PLANNING COMMISSION COMMENTS None. PLANNING DIRECTOR COMMENTS Mr. Neu stated the meeting of December 3rd is canceled and the election of officers needs to be scheduled. CITY ATTORNEY COMMENTS Ms. Mobaldi stated there will be an Envision Carlsbad meeting on November 12th. ADJOURNMENT MOTION By proper motion, the regular meeting of the Planning Commission of November 5, 2008, was adjourned at 8:46 p.m. DON NEU Planning Director Meghan Jacobson Minutes Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you 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, January 6, 2009, to consider adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; approving a General Plan Amendment, Zone Change, Local Coastal Program Amendment, and Site Development Plan for the subdivision, grading and development of a 5.05-acre site into twelve residential lots, two open space lots, and one private street lot, including the construction of twelve single-family residences and three second dwelling units generally located on the northeast corner of Black Rail Road and Avena Court East within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 20 and more particularly described as: Parcel IB: The Southwest Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and Parcel 2B: The Southeast Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and Parcel 3B: An easement for road and public utility purposes over, under, upon and across the westerly 30 feet of the south half of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof; and Parcel 4B: An easement for road and public utility purposes over, under, along and across the westerly 30 feet of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 27, Township 12 South, Range 4 West, San Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof 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 January 2, 2009. If you have any questions, please call Jason Goff in the Planning Department at (760) 602-4643. If you challenge the General Plan Amendment, Zone Change, Local Coastal Program Amendment and/or Site Development Plan 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 05-11/ZC 05-10/LCPA 05-06/SDP 05-12 CASE NAME: SEASCAPE PUBLISH: DECEMBER 26, 2008 CITY OF CARLSBAD CITY COUNCIL Seascape © GPA 05-11 / ZC 05-10 / LCPA 05-06 / SDP 05-12 Easy Peel Labels Use Avery® TEMPLATE 5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 See Instruction Sheet j for Easy Peel Feature^ SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 IAVERY®5160® 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 DIST 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 Etiquettes faciles a peler Consultez la feuille www.avery.com Easy Peel Labels Use Avery® TE MPLATE 5160® BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 ! A J^Feed Paper See Instruction Sheet j for Easy Peel Feature ^ BUSINESS, TRANS & HSG AGENCY STE 2450 980 NINTH ST SACRAMENTO CA 95814 I AVERY® 5160® CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 921084402 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AVE 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 DISTENG 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 1220 N ST SACRAMENTO CA 95814 DEPT OF FORESTRY ENVCOORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV 600 HARRISON ST SAN FRANCISCO CA 94107 DEPT OF JUSTICE DEPTOFATTYGEN 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 LOS ALAMITOS CA 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 HOWE AVE SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET STFL17 SAN FRANCISCO CA 941031368 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 958251888 USDA RURAL DEVELOPMENT DEPT 4169 430 GST DAVIS CA 95616 WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 Etiquettes faciles a peler Consultez la feuille www.avery.com Easy Peel Labels Use Avery® TEMPLATE 5160® .•215-040- 03 Current Resident • . .6521 El Camdno Real Carlsbad , CA 920C9 ! A J^Feed Paper See Instruction Sheet | fpr Easy Peel Feature^ 215-043-09. Current Resident 6644 Surf Crest St Carlsbad, CA 92011 iAVERY®5i60® 215-043-10 'Current Resident 6648 Surf Crest St Carlsbad,'CA 92011 215-043- 11 Current Resident 1409 Ocean Cresc Ave Carlsbad , CA 92011 215-043-12 Current Resident 1405 Ocean Crest Ave Carlsbad, CA 92011 215-960-04-01 Current Resident 6723 Palermi PI Carlsbad, CA 92011 215-960-04-02 Current: Resident 6727 Palermi PI Carlsbad , CA 92011 215-960-04-03 Current Resident 6731 Palermi PI Carlsbad, CA 92011 215-960-04-04 Current Resident 6735 Palermi Pi Carlsbad, CA.92011 215-960- 04-0!i Current -Resident 6739 Palermi Pi Carlsbad, CA 92011 215-960-04-06 Current Resident 6743 Palermi PI Carlsbad, CA 92011 215-960-04-07 Current Resident 6747 Palermi PI Carlsbad, CA 92011 215-960-O4-08 Current Resident 6751 Palermi PI Carlsbad; CA 920\ 1 215-960-04-09 Current Resident 6755 Palermi Pi Carlsbad, CA 92011 215-960-04-10 Current Res ident 6759 Palermi PI Carlsbad, CA 92011 215-^60-3.7 Current' Resident. Pailermi >Fl Carlsbad ?\:A 92009 215-960-25-01 Current Resident 6789 W Ayena Ct Carlsbad, CA 92011 215-960-25-02 Current Resident 6784 W Avena Ct . Carlsbad, CA 92011 215-960-25-03 Current Resident 6780 Avena Ct. Carlsbad, CA 920:tl 215-960-25-04 Current Resident 6741 Prenata Pi Carlsbad, CA 92011 215-960-25-05 Current Resident 6745 Ffenata PI Carlsbad, CA 92011 215-960-25-06 Current Resident 6749'Frsnata Pi Carlsbad, CA 920': 1 215-960-25-07 Current Resident 6753 Frenata Pi Carlsbad, CA 92011 215-960-25-08 Current Resident 6757 Frenata.PI Carlsbad, CA 92011 215-960-25-05 . Current Resident 6766 Caurina Ct Gar Is bad, CA 923:. 1 215-960-25-10 .Current Resident 6762 Caurina Ct Carlsbad, CA 92011 215-960-25-11 Current Resident 6758 Caurina Ct. Carlsbad, CA 92011 215-960-25-:;: . Current.Residenc .6754- Caurina Ct ' Carlsbae.,. CA 920'11 215-9-60-25-13 Current. Resident 6750^ Caurina Ct Carlsbad, CA 92011 215-960-25-14 Current Resident 6763 Caurina Ct Carlsbad, CA 92011 Etiquettes faciles a peter Consultez la feuille www.avery.com ua wwa i-bg/uBAV aaAe aiqijBuuiua aim /g x uitu ssiewjoj ap 0918/09 I V^mtf m)M.«iQ!iB<Juja> ,,8/s z x 215-040-03 Muroya PO Box 131016 Carlsbad, CA 92013 215-040-05 Blackrail Lie 11828 Rancho Bernardo Rd 206 San Diego, CA 92128 215-040-09 Ron Vandermooren 1200 N Jefferson St Anaheim, CA 92807 215-040-11 Ron Vandermooren 1200 N Jefferson St J Anaheim, CA 92807 215-041-07 Paul J & Kim Krebs 6682 Cabela PI Carlsbad, CA 92011 215-041-08 Wendel 791 Jensen Ct Encinitas, CA 92024 215-041-09 Hadi & Felora Yazdanmehr 6690 Cabela Pi Carlsbad, CA 92011 215-041-10 Aviara Premier Collection ASJ 630 Alta Vista Dr 203 Vista, CA 92084 215-041-28 Richard & Laurie Ferrer 6674 Cabela Pi Carlsbad, CA 92011 215-041-29 Mark Shneour 6674 Cabela Pi Carlsbad, CA 92009 215-042-03 Aviara Premier Collection Ass 714 Loker Ave We 300 Carlsbad, CA 92008 215-043-01 Allen Collins 1400 Ocean Crest Ave Carlsbad, CA 92011 215-043-02 Kesler 1404 Ocean Crest Ave Carlsbad, CA 92011 215-043-03 Brad & Melanie Wilson 1408 Ocean Crest Ave Carlsbad, CA 92011 215-043-04 Marjorie A Nielsen 1412 Ocean Crest Ave Carlsbad, CA 92011 215-043-05 Nga Nguyen 6639 Surf Crest St Carlsbad, CA 92011 215-043-06 Rajesh P & Charulataben Pate; 6635 Surf Crest St Carlsbad, CA 92011 215-043-07 John T & Lori Wilkinson 6636 Surf Crest St Carlsbad, CA 92011 215-043-08 David & Alexandra Collett 6640 Surf Crest St Carlsbad, CA 92011 215-043-09 Nahed & Mounir Bahlawan 6644 Surf Crest St Carlsbad, CA 92011 215-043-10 Alvin & Lucille Memmolo 6648 Surf Crest St Carlsbad, CA 92011 215-043-11 Souza 1409 Ocean Crest Ave Carlsbad, CA 92011 215-043-12 Washington Mutual Bank Fa 7255 Baymeadows Way Jacksonville, FL 32256 215-043-13 Verona Pointe Owners Assn 11770 Bernardo Plaza Ct 463 San Diego, CA 92128 215-610-25 Ronald E & Susan Kaiden 7145 Aviara Dr Carlsbad, CA 92011 215-612-05 Aviara Resort Asses Spe Lie 7100 Four Seasons Carlsbad, CA 92011 215-830-01-01 Randall S & Cheryl Benton 7001 Surfbird Cir Carlsbad, CA 92011 215-830-01-02 Nannette Stamour 7005 Surfbird Cir Carlsbad, CA 92011 215-830-01-03 John E & Karen Kavan 7009 Surfbird Cir Carlsbad, CA 92011 215-830-01-04 Yin Tsui 7013 Surfbird Cir Carlsbad, CA 92011 label size 1 < 2 5/8" compatible with Aveiy^i fiO/81 60 UHMirtJai-iJg/utfAV aaAH ajijiuiuuiop LULU /.9 x lUiu 221Gujjoj 215-830-01-05 Zwimpfer 7017 Surfbird Cir Carlsbad, CA 92011 215-830-01-06 Kenneth G Cholewinski 33 River Edge Farms Rd Madison, CT 06443 215-830-01-07 Hojabr Dezfulian 7025 Surfbird Cir Carlsbad, CA 92011 215-830-01-08 Jacqueline A Matson 7029 Surfbird Cir Carlsbad, CA 92011 215-830-01-09 Wells Fargo Bank Na Tr 7033 Surfbird Cir Carlsbad, CA 92011 215-830-01-10 Vasanth & Sarmistha Kumar 7037 Surfbird Cir Carlsbad, CA 92011 215-830-15 Aviara Master Assn 12636 High Bluff Dr 300 San Diego, CA 92130 215-900-29 Aviara Serenata Lie 19800 Macarthur Blvd 700 Irvine, CA 92612 215-960-01 Salman & Leila Taghizadegan 6785 Avena Ct Carlsbad, CA 92009 215-960-02 Andrew Harrison 5754 Caurina Ct Carlsbad, CA 92009 215-960-03 William J & Bonita Anderson 7238 Surfbird Cir Carlsbad, CA 92009 215-960-04-01 Ray & Daran Grimm 6723 Palermi PI Carlsbad, CA 92011 215-960-04-02 Ann M Prescott 3940 Gresham St 345 San Diego, CA 92109 215-960-04-03 Mckee 25524 Meadowview Cir Corral De Tierra, CA 93908 215-960-04-04 Debra K vaughan 6735 Palermi Pi Carlsbad, CA 92011 215-960-04-05 Andreson 6739 Palermi PI Carlsbad, CA 92011 215-960-04-06 Jerry L & Barbara Swovelin 6743 Palermi PI Carlsbad, CA 92011 215-960-04-07 Schwab 6747 Palermi PI Carlsbad, CA 92011 215-960-04-08 Wayne E & Lorna Pannell 6751 Palermi PI Carlsbad, CA 92011 215-960-04-09 Carre11 6755 Palermi PI Carlsbad, CA 92011 215-960-04-10 Heng-I Lu 10731 Treena St 104 San Diego, CA 92131 215-960-05-01 Chamna & Prapapen Saenguraipc 6763 Palermi PI Carlsbad, CA 92011 215-960-05-02 James L & S Ferrero 6767 Palermi PI Carlsbad, CA 92011 215-960-05-03 Patricia Bellando-Roberts 6771 Palermi PI Carlsbad, CA 92011 215-960-05-04 Daniel D & Errin Love 6775 Palermi Pi Carlsbad, CA 92011 215-960-05-05 Daniel P Martin 6779 Palermi PI Carlsbad, CA 92011 215-960-05-06 Thomas W Bruice 6783 Palermi PI Carlsbad, CA 92011 215-960-05-07 Samuel V & Drusilla Briedis 6787 Palermi Pi Carlsbad, CA 92011 215-960-05-08 Toles 6791 Palermi PI Carlsbad, CA 92011 215-960-05-09 Santiago Daniel V & Master Sc 6795 Palermi Pi Carlsbad, CA 92011 label size 1 ;< 2 5/8" uimpatibie with AveryliDl60/8160 uy .ii#uy iy,/J9AV OQAB siqueoiuoa LULU J_Q x mm gg IGUUO.I ap •O 09.18/09 Lflr/J3AV iii!M:o|Q[iEduJ03 ,,g/g 2 x >. azis H«S 215-960-05-10 Engel P oetnonchy 6799 Palertni PI Carlsbad, CA 92011 215-960-06 Phil Goodman 6753 Frenata Pi Carlsbad, CA 92009 215-960-07 Tr Simpson 6773 Frenata Pi Carlsbad, CA 92009 215-960-08 David J Carney 6763 Caurina Ct Carlsbad, CA 92009 215-960-09 Richard C & Deellen Brasher 6771 Caurina Ct Carlsbad, CA 92009 215-960-10 Farideh Shahidi 6750 Caurina Ct Carlsbad, CA 92009 215-960-11 Lisa Irwin 1686 Calliandra Rd Carlsbad, CA 92009 215-960-13 Cristalla Homeowners Assn 1935 Camino Vida Roble 200 Carlsbad, CA 92008 215-960-14 CristallaNHomeowners Assn 1935 CaminCK Vida Roble 200 Carlsbad, CA\ 92008 215-960-16 Hong G & Eunice Jeon 6749 Frenata Pi Carlsbad, CA 92009 215-960-17 Cristallfc Homeowners Assn 1935 Camifap Vida Roble 200 Carlsbad, GA 92008 215-960-18 Brehm-AViara Group Lie 1935 Cam^rio Vida Roble 200 Carlsbad, CA 92008 215-960-19 Brehm-Aviara Group Lie 1935 Camino Vida Roble 200 Carlsbad, CA 92008 215-960-20 Brehm-AviaVa Group Lie 1935 CamincX. Vida Roble 200 Carlsbad, CA\92008 -Xl Brehm-Aviara Group Lie 1935 Camino\Vida Roble 200 Carlsbad, CA 92008 215-960-23 Brehm-Aviaira Group Lie 1935 Caminci Vida Roble 200 Carlsbad, CAVi92008 215-960-24\ Brehm-AviarV Group Lie 1935 Camino Wda Roble 200 Carlsbad, CA 92008 215-960-25-01 Diane G Dechamplain 6789 W Avena Ct Carlsbad, CA 92011 215-960-25-02 Eugene R & Adele Pane 64 Doral Greens Dr W Rye Brook, NY 10573 215-960-25-03 Lillian M Coury 6780 Avena Ct Carlsbad, CA 92011 215-960-25-04 Avelo Mortgage Lie 250 John W Carpenter Fwy Irving, TX 75039 215-960-25-05 Trevor & Kathaleen Daul 6745 Frenata Pi Carlsbad, CA 92011 215-960-25-06 Teresa A Woods 6749 Frenata Pi Carlsbad, CA 92011 215-960-25-07 Philip Goodman 6753 Frenata Pi Carlsbad, CA 92011 215-960-25-08 Greg E & Joanne Coleman PO Box 898 Del Mar, CA 92014 215-960-25-09 Frank E & Laurita Martin 6766 Caurina Ct Carlsbad, CA 92011 215-960-25-10 Holmes Dynasty L P PO Box 1683 Rancho Santa Fe, CA 92067 215-960-25-11 Aron S & Julie Carman *M* 2450 Ardennes Cir Seaside, CA 93955 215-960-25-12 Robert & Leslie Boshnack 966 Madison St Woodmere, NY 11598 215-960-25-13 Farideh Shahidi 7331 Paseo Capuchina Carlsbad, CA 92009 label size I <?. ;;'3'' '.cmpahhle withAvcrv^!fiO/8H)ii lib Wfcua W,/JSAV 08AB aiqueaiuoo wot ^9 x aim 95 JBLUJOJ. op ) ,,9/9 z x 215-960-25-14 James O & Karen Hunt 6763 Caurina Ct Carlsbad, CA 92011 215-960-25-15 Wagner 912 Mullaghboy Rd Glendora, CA 91741 215-960-26-01 Denis & Cynthia Doulgeropoulf 6769 Avena Ct Carlsbad, CA 92011 215-960-26-02 Alvina 7111 Babilonia St Carlsbad, CA 92009 215-960-26-03 Carol A Anderson 6777 Avena Ct Carlsbad, CA 92011 215-960-26-04 Randolph J & Cynthia Falk 6781 Avena Ct Carlsbad, CA 92011 215-960-26-05 Salman Tagnizadegan PO Box 131271 Carlsbad, CA 92013 215-960-26-06 William & Bonita Adnerson 6776 Avena Ct Carlsbad, CA 92011 215-960-26-07 Tressa A Ford 6772 Avena Ct Carlsbad, CA 92011 215-960-27-01 Bongsik & Insook Shin *B* 6790 Caurina Ct Carlsbad, CA 92011 215-960-27-02 Mark C Cafferty 3213 Governor Dr San Diego, CA 92122 215-960-27-03 Meryl Bernstein 6782 Caurina Ct Carlsbad, CA 92011 215-960-27-04 Lisa Irwin-Linsky 6778 Caurina Ct Carlsbad, CA 92011 215-960-27-05 Joseph A & Marcia Campagna 6774 Caurina Ct Carlsbad, CA 92011 215-960-27-06 Stanley Tanaka 6770 Caurina Ct Carlsbad, CA 92011 215-960-27-07 Richard C & Deellen Brasher 6771 Caurina Ct Carlsbad, CA 92011 215-960-27-08 Brian L & Joan Grieser 6775 Caurina Ct Carlsbad, CA 92011 215-960-27-09 Wesley W Peltzer 7105 Aviara Dr Carlsbad, CA 92011 215-960-28-01 Hicks 6761 Frenata PI Carlsbad, CA 92011 215-960-28-02 Peter P & Sherry Rodriguez 606 S Loop Pkwy St Augustine, FL 32095 215-960-28-03 David D Dodge 316 Hearthstone Rd Columbia, SC 29210 215-960-28-04 Norma Simpson 6773 Frenata PI Carlsbad, CA 92011 215-960-28-05 Wai Lau 6777 Frenata Pi Carlsbad, CA 92011 215-960-28-06 Reed Kaelin 6781 Frenata Pi Carlsbad, CA 92011 215-960-28-07 Jackson W Chen 6785 Frenata Pi Carlsbad, CA 92011 215-960-28-08 Robert & Carmen Carlstrom 6789 Frenata Pi Carlsbad, CA 92011 215-960-28-09 Narayanan Natarajan 6793 Frenata PI Carlsbad, CA 92011 215-960-28-10 Abdul R & Zohra Wakili 6797 Frenata Pi Carlsbad, CA 92011 215-96yO-29 CristalSa Homeowners Associat 1935 Camilla Vida Roble 200 Carlsbad, CA\S2008 215-960-33 Diane Dechamplain 6789 Avena Ct Carlsbad, CA 92009 label size 1 :< ?. 5/S" coniiwtible with Avecy PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp JTATE OF CALIFORNIA ;ounty of San Diego am a citizen of the United States and a resident of he County aforesaid: I am over the age of eighteen ears and not a party to or interested in the above- ntitled matter. I am the principal clerk of the printer f North County Times ormerly known as the Blade-Citizen and The Times- dvocate and which newspapers have been djudicated newspapers of general circulation by the uperior Court of the County of San Diego, State of alifornia, for the City of Oceanside and the City of scondido, Court Decree number 171349, for the ounty of San Diego, that the notice of which the nnexed is a printed copy (set in type not smaller than onpariel), has been published in each regular and itire issue of said newspaper and not in any jpplement thereof on the following dates, to-wit: December 26th, 2008 certify (or declare) under penalty of perjury that the regoing is true and correct. ated at OCEANSIDE, California h, day of DessuinbepZpOS Jane Allshouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of NOTICE OF PUBLIC HEARING i J NOTICE IS HEREBY GIVEN to you that the' City Council of the City of Carlsbad will hold apublic hearinnat the Council Chambers1200 Carlsbad Village Drive, Carlsbad, California, at6:00 p.m. on Tuesday, Jai " """" ' '-1—, , ,sday, January 6, 2009, to considerted Negative Declaration and Miti-| a Mitigaigation Monia General I ._ _Coastal Program AmePlan for the subdivision, grading and develoa 5.05-acre site into twelve residential lots, 1 r...space lots, and one private street .lot, including theconstruction of twelve single-family residences andthree second dwelling units generally located on (henortheast comer of Brack Rail Road and Avena CourtEast within the Mello II Segment of the Local CoastalProgram and Local Facilities Management'Zone t20anormpre particularly described, as? "' -• - > •• The Southwest Quarter of the Southwest Quarterof the Northwest Quarter of the Northeast Quarterof Section 27, "'- " "~ '" ~ ' "'—San Berna "Carlsbad,nia, accon Parcel 2B:The Southeast Quarter of the Southwest Quarterof the Northwest Quarter of the Northeast Quarterof Section 27, Township 12 South; Range 4 West,San Bernadlno Base and Meridian, In the City ofCarlsbad, County of San Diego, State of Califor-nia, according to the official plat thereof; and f, An easement for road and public utility ptiriover, under, upon and across the westerly 30 feetof the south half of the Northwest Quarter of theNorthwest Quarter of the Northeast Quarter ofSection 27, Township 12 South, Range 4 West,San Bernadlno Base and Meridian, In the City:ofCarlsbad, County of San Diego, State of Califor-nia, according to the official plat thereof; and ', p'arcelW •:'£*!. .,*';#•; ..'•.•;v•:•'.'•'•'-.' .'•'•• •An easement for road and public utility purposesover, under, along and across the westerly 30 feetof the Northwest Quarter of the Southwest Quar-ter of the Northwest Quarter of Section 27, Town-ship 12 South, Range 4 West. San Bernadino- r. — -.....jj-_ >_»..-_ -u.. -i ^arisbad, £oun. ~ according to uth. Ranglendian. in I,,.ty of San Diego, State othooffloiol plS thereof Base and fv ie 4 West. Sai i of California, Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. Copiesof the agenda bill will be available on and after Janu-ary 2, .2009. If you have any Questions, please callJason Goff in me Planning Department at (760)602-4643. > •,' .. '.:• ;._ ' |. If you challenge the General Plan Amendment, Zone Change, Local Coastal Program Amendment" and/orSite Development Plan In court, you'may be limitedto Attn: "City Cle"rkTs Office;T260 Carlsbadvillage 'Drive,Carlsbad, CA 92008, at or prior to the publicnearirig. CASE FILE: GPA 05-11/ZC 05-10/LCPA 05-06/SDP05-12 - -' CASE NAME: SEASCAPE iPUBLISH:. DECEMBER 26, 2008 NCT 2191633 ., CITY OF 6ARLSBAD ' '?.. ' •" \-CITY COUNCIL .:. . ?' ; s' Til Seascape GPA 05-11 / ZC 05-10 LCPA 05-06 / SDP 05-12 Location Map AVENA CTBLACK RAIL RDOCEAN CREST AV C A U R I N A C TFRENATA PLPALERMI PLSURF CREST STGPA 05-11 / ZC 05-10 / LCPA 05-06 / CT 05-18 / PUD 05-14 / SDP 05-12 / CDP 05-37 / HDP 06-02 / HMP 07-09 Seascape SITE MAP E L C A M INO REAL LA COSTA AVCOLLEGE BLCARLSB AD BL M EL ROSE DR5.05 acres AVI A R A P YBLACK RAIL RDDOCENA RD TOWHEE LNCORTE ORCHIDIA AVENA CT PA L E R M I P LCABELA PLTATLER RDAVIARA DRSONGBIRD AV AMAN T E C T CORMO R A N T D R SPARROW RD SURF CREST STFR E N A T A P L FIONA PL CALLI A N D R A R D SU R F B I R D C R C A U R I N A C T EIDER CTAVOCET CTCRANE CT0 400 800200 Feet GPA 05-11 / ZC 05-10 / LCPA 05-06 /CT 05-18 / PUD 05-14 / SDP 05-12 /CDP 05-37 / HDP 06-02 / HMP 07-09 Seascape GPA 05-11 Existing Proposed OS RLMRLM RLM RLM OS OS RLM RLM RLM ZC 05-10 Existing Proposed OS R-1 R-1 Planning Commission Action November 5, 2008 –Planning Commission conducted a public hearing for the project. One member of the public spoke. Planning Commission voted 6-0-1 to recommend adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and recommended approval of a General Plan Amendment, Local Coastal Program Amendment, Zone Change, and Site Development Plan. Recommendation ADOPT Resolution No.2009-009,ADOPTING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program,and APPROVING General Plan Amendment (GPA 05- 11),Local Coastal Program Amendment (LCPA 05-06),and Site Development Plan (SDP 05-12),and INTRODUCE Ordinance No.CS-021,APPROVING a Zone Change (ZC 05-10)based upon the findings and subject to the conditions contained therein. Architecture Lot 7 Lot 8 Lot 9 Plan 6B Plan 6C Plan 4C