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Home My WebLink About2002-12-18; Planning Commission; ; CDP 98-68A - THOMPSON/TABATA'he City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: December 18, 2002 Application complete date: November 12, 2002 Project Planner: Michael Grim Project Engineer: Clyde Wickham SUBJECT: CDP 98-68(A) - THOMPSON/TABATA - Request for a Coastal Development Permit Amendment to modify a condition to allow grading during the winter "rainy season" for an 83 acre, 262 unit residential subdivision located north and south of Poinsettia Lane, between Aviara Parkway and Snapdragon Drive in Local Facilities Management Zone 20. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5327, RECOMMENDING APPROVAL of Coastal Development Permit Amendment CDP 98-68(A) based on the findings and subject to the conditions contained therein. II. INTRODUCTION This application is a proposed amendment to Coastal Development Permit 98-68 to allow grading during the winter "rainy season" for the development of an 83 acre, 262 residential subdivision located north and south of Poinsettia Lane, west of Aviara Parkway. The proposed grading operations include all necessary erosion control measures to preclude off site erosion and sedimentation and staff has no issues with the proposal. III. PROJECT DESCRIPTION AND BACKGROUND On January 22, 2002, the City Council approved CDP 98-68 and related permits to allow the development of an 83 acre, 262 residential subdivision located north and south of Poinsettia Lane, west of Aviara Parkway. The resolution of approval contained a condition that states, "If a grading permit is required, all grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the "dry season," April 1st to October 1st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer and only if all erosion control measures are in place by October 1st." This application is to modify that condition to allow grading during the "rainy season." The justification for the allowance is that the property is in an area of "low risk" and that the proposed erosion control measures and drainage improvements will result in better erosion control and water quality than the existing condition. Areas of "low risk" are areas that, if graded during the "rainy season," will not have a negative impact on coastal resources. This property does not drain directly into any of Carlsbad's lagoon bodies or the ocean. The project's waters, after treatment, drain into the existing storm drain system and the existing detention basins north of Batiquitos Lagoon. All grading activities during the "rainy season" will require that all erosion control measures be in place during the grading operation. The project still meets the development standards of the zone and staff has no issues with the proposal. oCDP 98-68(A) - THOMPSTJN/TABATA December 18, 2002 Page 2 A recent amendment to the Mello II segment of the City's Local Coastal Program was approved by the Coastal Commission that conditionally allows grading during the "rainy season" for projects of low risk to sensitive coastal resources. The City Council approved this LCP amendment, incorporating the year-round grading provision into the Zoning Ordinance; however, the printed copy of the Municipal Code was not revised to reflect this change in the legal standard. Therefore, the Thompson/Tabata residential development project was conditioned to comply w ith the previous legal s tandard on grading within the "rainy season." The proposed amendment to the Coastal Development Permit for the Thompson/Tabata residential development brings the project up to the current standard for Coastal Zone grading during the "rainy season" for projects of low risk to sensitive coastal resources. IV. ANALYSIS A. The Thompson/Tabata project is still consistent, as conditioned, with all applicable plans, policies and regulations described below: 1. Carlsbad General Plan; 2. Local Coastal Program; 3. Zone 20 Specific Plan (SP 203); 4. One-Family Residential Zone (Chapter 21.10 of the Zoning Ordinance); 5. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); 6. Inclusionary Housing Ordinance (Chapter 21.85 of the Zoning Ordinance); 7. Planned Development Ordinance (Chapter 21.45 of the Zoning Ordinance); 8. Hillside Development Ordinance (Chapter 21.95 of the Zoning Ordinance); 9. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance); 10. Zone 20 Local Facilities Management Plan. B. The adopted project findings for CDP 98-68, which are contained in Planning Commission Resolution No. 5078, still apply to this project (CDP 98-68(A)). C. The adopted project conditions for CDP 98-68, which are contained in Planning Commission Resolution No. 5078 still apply to this project (CDP 98-68(A)) with the exception of Condition No. 8 which is amended by Condition No. 3 in Planning Commission Resolution No. 5327 to allow winter grading. V. ENVIRONMENTAL REVIEW The existing Mitigated Negative Declaration for the Thompson/Tabata subdivision reviewed all of the potential environmental impacts associated with the development of the project site. The project description, impact analysis, and mitigation measures make no mention of the restriction of grading during the winter months, hi addition, the mitigation measures require the compliance of the project with the project-specific soils and geotechnical report, the project- specific hydrology report, and the requirements of the National Pollutant Discharge Elimination System (NPDES) Permit. CDP 98-68(A) - THOMPSTJN/TABATA December 18,2002 Page 3 All erosion control measures are required to be installed prior to the commencement of grading and no off-site sedimentation is allowed. The project site drains into the City storm drain system, which feeds into the existing desiltation basins north of Batiquitos Lagoon. Given the previous environmental review for the project, and the existing erosion control requirements of the City, there have been no changed circumstances or other requirements for subsequent environmental review, as defined in Section 15162 of the State CEQA Guidelines. No additional impacts are associated with proposed modification and no substantial evidence exist, in light of the whole record, that the project as revised may have a significant effect on the environment. No further environmental review is required for the project. ATTACHMENTS: 1. Planning Commission Resolution No. 5327 (CDP 98-68(A)) 2. Location Map 3. Disclosure Statement 4. Planning Commission Resolution No. 5078 (CDP 98-68) w SITE THOMPSON/TABATA CDP 98-68(A) feitv of rlsbad 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessarv.) Person St-.anriarH Pari fi n Pnrp. , T. . a Delaware corporation Address 9335 Chesapeake Dr. San Diego, CA 92123 Corp/Part N/A. se>g ahfcarhed page Title 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 publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person See attached paqe(s) Title Address Corp/Part. Title NA Address 2O75 Las Palmas Dr. • Carlsbad, CA 92O09-1576 • (76O) 438-1161 • FAX (760) 438-O894 NON-PROFIT ORGANIZATION OR TRUST If any person ident^B pursuant to (1) or (2) above is a nnnpi^p 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 See attached page ( s Profit/Trust Title Title Address Address Have you had more than S250 worth of business transacted with any member of Ciry staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes No If yes. please indicate person(s):_ NOTE: Attach additional sheets if necessary. certify that all the above information is true and correct to the best of my knowledge. See attached Signature page(s) Signature of owner/date Signature Ibid. Print or type name of owner Print or type name of applicant Standard Pacific Corp., a Delaware corporation Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 POINSETTIA PROPERTIES DISCLOSURE STATEMENT OWNER DISCLOSURES/SIGNATURES APN(S): OWNER: For. 214-170-09 David B. Thompson and Karen R. Thompson Revocable Trust ADDRESS: 7040 Rose Drive, Carlsbad CA 92009 \l N.X - \ (signature / date) _ David B. Thompson (print name) Trustee (title) APN(S): OWNER: &KST BY (signature/date) 8, (print name) (title)