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CDP 10-14; Poinsettia Place Borrow Site; Coastal Development Permit (CDP) (3)
CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 C b n Her lAJe^^h^ci^ ^ jL>evelopment Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPUCATIONS APPLIED FOR: (CHECK BOXES) Development Permits n Administrative Permit \yf Coastal Development Permit (*) jSl^nor • Conditional Use Permit (*) O Minor O Extension I I Environmenta! Impact Assessment ly^Habitat Management Permit ^C^nor H^Hillside Development Permit (*) r~l Planned Development Permit O Residential O Non-Residential I I Planned Industrial Permit I I Planning Commission Determination I I Site Development Plan I I Special Use Permit I I Tentative Tract Map I I Variance I I Administrative (FOR DEPT. USE ONLY) Legislative Permits I i General Plan Amendment I I Local Coastal Program Amendment (*) (FOR DEPT. USE ONLY) 10-0-2- I I Master Plan [U Amendment I I Specific Plan CH Amendment n Zone Change (*) I I Zone Code Amendment List otiier aoolications not specified • • • (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED. MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S) PROJECT NAME: BRIEF DESCRIPTION OF PROJECT: /j^ ^t^c/^/r7^^, ,y 7^ ^^^T^o;?^ ^:> ^^s/^S^M-^ BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: /^/^JS^///^ ^^/y a/^ <^^/^ y ' STREET ADDRESS ONTHE: /^a-^T ^r>^/ -SIDE OF ^^/^jT^^^ Z^/^g BETWEEN (NORTH, SOUTH. EAST, WEST) (NAME OF STREET) (NAME OF STREET) AND (NAME OF STREET) P-1 Pane 1 nfi OWNER NAME (Print): ^^^p CA- /r7l/4j7^i MAILING ADDRESS: /^^O /^T^tr^K yV^, CITY. STATE, ZIP: O^^cJ/e^g^c^ TELEPHONE: ^/£~-02^(^ EMAIL ADDRESS: ^Jo/jn I^QUJn \/e.rT^c/ye.S. rZc^i^ APPLICANT NAME (Print): cJ/^^gc L/^^^l Jso^ MAILING ADDRESS: /[J^a^a^ l^r^A^ u)y CITY. STATE, ZIP: ^^^/^j fZ^S.y^ TELEPHONE: ^7^3 S^^^?-'^'^'72' EMAIL ADDRESS: \i/-S' C£irY TTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE LNFOFL^AATION IS TRUE AND CORRECT TO THE BEST OF MY ;DGE. I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER ANtiTHAT ALL THE ABOVE INFjORMATION IS TRUE AND CORRECT TO LEST m KNOWLED?^ -^NATURE^^^^J^^^^ DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): '2^^^yu:} . Cy^^^^^ MAILING ADDRESS: <iS^/r7e- CITY. STATE. ZIP: TELEPHONE: _7'^^ -So'^/ -7 -7^7.3 EMAIL ADDRESS: I ^CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT /VND THAT ALL THE ABOVE INFORMATION IS TRUE AND ;T TQ THE BESTjOF MY KMOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF. PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEIVED JUN 0 h 2010 CITY OF CARLSBAD DATE ST/>ii9fe^lNNI^^(C^6fei|:ElVED RECEIVED BY: P-1 Paae 2 of 5 DISCLOSURE Development Services STATEMENT Planning Department ly CITY Of CARLSBAD P-1 (A) 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov 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 appiication 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, titles, 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 comoration. inciude the names, titles, and addresses of the corporate officers. (A separategage may be attached if necessary.) Person ^' o A. ^^KfTp Corp/Part_ Title Aian^f^/yj^ /I/Urr7 lijy^ Title Address ^/^ A^J^^si^a ul (//S-A-ii/y 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, titles, 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 publiciv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 7^ Coro/Part ^ccuLjti. J^(oUx>^^^ Lc C Title Cd ^Sothb^ Title Address Gy^^sCr^ ^ Address [ijS^ ^k-^ Cird< i)^ P-1(A) Page lof 2 Revised 04/09 OWNER NAME (Print): A^Clr<C/^ //J I/^SAP KT /J.C MAILING ADDRESS: c/o Z^e^ /i>y^a.r-^ CITY, STATE. ZiP: ^>-'^^^^ ^ZdOrO' TELEPHONE: ^T.^^.^^ - ^ Z (^9 EMAIL ADDRESS: John v\-.\\&-Ca. . Corv\ APPLICANT NAME (Print): ^^^^r^t^ Lx-^q jbg/ MAILING ADDRESS: I q hA -ejSjdorjQXJi^'^^^ojj CITY, STATE, ZIP: ET/A ^ tm f^S • C A q-2.0-Z.4-^ TELEPHONE: (:-7feQ) SO?-'74-7E <a-iCiia'fo <£^<=i v-n<a.i (.coiv EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY, KNOWLEDGE. -im I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE atSSsSE! ND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO *1 SIGNATUJ AN TrftEBESTOF MY KN&WLEDGE. SIGNATURE DATE c iJ> A^ i o APPLICANTS REPRESENTATIVE (Print): MAILING ADDRESS: 2-/^ MWDCQ \/Lsja. UO CITY. STATE, ZIP: I "hfS . CA q-Z^^^-^ TELEPHONE: EMAIL ADDRESS: cj <a v/g. J ^/<S g Wl t. / • ERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APP\JCANT AND THAT AO. THB ABOVE INFORMATION IS TRUE AND CpaSSpT TO THE BEST Off MY KNfflWLEDQE. G-zj- }o SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WiTH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. OPERTY OWNER SIGNATURE FOR CITY USE ONLY DATE STAMP APPLICATION RECEIVED RECEIVED BY: p-1 Page 2 of 5 Revised 01/10 ^ HAZARDOUS WASTE Development Services ii- AND SUBSTANCES Planning Department ly CITY OF QTATPMPKIT 1635 Faraday Avenue CARLSBAD plijc) www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compilance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5,1 have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): 0 The development project and any alternatives proposed in this appiication are not contained on the lists compiled pursuant to Section 65962.5 of the Stale Govemment Code. 1 I The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT 1 PROPERTY OWNER Name: CJ/'^'^t^^ r?c^'^a U^/o/:>^£f.j-/ Name: Ar Cg-^I'fl 2t »i J n^vrS^ LjJ. Address: 2./^ ^ 1^/^ A Address: \kiC> (W.^ Cxr'At ^fJ^^^^^^'^ Phone Number: 7^<^ ' gQ*?-74-73 Phone Number: 7^.^ --=7^/S--0^<°^ Address of Site: (^^^S/c:^ y^c>a<q/ f /^J rlSe//f^ /-Or^e- Local Agency (City and Countv): /V <^7^ y^/s Assessor's book, page, and parcel number: "2. ^S"-rP 2. ~ t=^~] Specify list(s):_ Regulatory Identification Number: A^//f Date of List: Signature/Dat^ / Applicant Signature/Date Property 0)f/ner The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page lof 2 Revised 04/09 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit oroanization 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 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 No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that ali the above infomnation is true and correbt to the best of my knowledge. Signature of owner/date Print or type name of owner orrebt to the best of my knowledi Sighature of applicant/date Print or type name of applicant SignattJife of owner^^plicant's agent if applicable/date Print or type na Tie of owner/applicanTs agent p-1 (A) Page 2 of 2 Revised 04/09 City of Carlsbad Faraday Center Faraday Cashiering 001 1015501-2 06/04/2010 96 Fri, Jun 04, 2010 11:48 AH Receipt Ref Nbr: R1015501-2/0016 PERMITS - PERMITS Tran Ref Nbr: 101550102 0016 0018 Trans/Rcpt#: R0079653 SET #: HMP10002 Ainount: 1 1 $513.00 Item Subtotal: $513.00 Item Total; $513.00 PERMITS - PERMITS Tran Ref Nbr: 101550102 0016 0019 Trans/Rcpt#: R0079651 SET #: HDP10004 Amount; 1 i $2,332.00 Item Subtotal: $2,332.00 Item Total: $2,332.00 PERMITS - PERMITS Tran Ref Nbr: 101550102 0016 0020 Trans/Rcpt#: R0079652 SET #: CDP10014 Amount: 1 @ $897.00 Item Subtotal: $897.00 Item Total: $897.00 3 ITEM(S) TOTAL: $3,742.00 Check (Chk# 002146) $3,742.00 Total Received: $3,742.00 Have a nice dayi **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 •lllliillllill Applicant: SIERRA LINDA DEVELOPMENT Description Amount CDP10014 897.00 Not valid unless validated by Cash Register PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS Receipt Number: R0079652 Transaction ID: R0079652 Transaction Date: 06/04/2010 Pay Type Method Description Amount Payment Check 2146 897.00 Transaction Amount: 897.00 City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 008 lililiiiiiiii Applicant: SIERRA LINDA DEVELOPMENT Description Amount HDP10004 2,332.00 Not valid unless validated by Cash Register PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS Receipt Number: R0079651 Transaction ID: R0079651 Transaction Date: 06/04/2010 Pay Type Method Description Amount Payment Check 2146 2,332.00 Transaction Amount: 2,332.00 city of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 {•lllillMIII Applicant: SIERRA LINDA DEVELOPMENT Description Amount HMP10002 513.00 Not valid unless validated by Cash Register PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS Receipt Number: R0079653 Transaction ID: R0079653 Transaction Date: 06/04/2010 Pay Type Method Description Amount Payment Check 2146 513.00 Transaction Amount: 513.00 SIERRA LINDA DEVELOPMENT LLC City of Carlsbad L Date Type Reference 5/12/2010 Bill Original Amt. 3,742.00 5/19/2010 Balance Due Discount 3,742.00 Check Amount 2146 Payment 3,742.00 3,742.00 lo-iH Pacific Western Chec Permits 3,742.00 <£^h' CITY OF VXARLSBAD Planning Division NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT FILE COPY www.carlsbadca.gov The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION ON August 1. 2011 Application #: CDP 10-14 Case Name: Poinsettia Place Borrow Site Applicant: Shea Homes Address: 9990 Mesa Rim Road. San Dieeo. CA 92121 Phone: 858-526-6554 Filing Date: June 2, 2011 Decision Date: July 28. 2011 Agent (if different): Sarah Beckman Address: Same Phone: Same Project Description: The removal of approximatelv 65.500 cubic yards of dirt from a 3.77 acre portion of a 20 acre R-l zoned property that has been previously disturbed and contains no significant resources. Project Location: Within and adiacent to the right-of-wav for the easterly extension of Poinsettia Lane south of Cassia Road and east of Poinsettia Lane ACTION: • APPROVED 1^ APPROVED WITH CONDITIONS • DENIED (Copy affinal resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: • NOT APPEALABLE TO THE COASTAL COMMISSION. 12^ APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal period will conclude. Appeals must be made in writing to the Coastal Commission's district office at the following address: California Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, California 92108-4402, Telephone (619) 767-2370. Attachment: - Location Map to CCC for non-appealable CDPs - Staff Report to CCC for appealable CDPs The time within which judicial review of this decision must be sought is governed by Code of Civil Procedures, Section 1094.6, which has been made applicable in the City of Carisbad by Carlsbad Municipal Code Chapter 16. Any petition or other paper seeking judicial review must be flled in the appropriate court not later than ninety (90) days following the date on which this decision becomes final; however, if within ten (10) days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount suffident to cover the estimated cost of preparation ofsuch a record, the time within which such petition may be filed in court is extended to not later than thirty (30) days 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, California 92008. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ru U.S. Postal Service ,, CERTIFIED MAIL™ RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Jor delivery information visit our website at vm-w.usps.como • a •,,^^U^i^---^^^^^-^.m^>^^^^ PS Form 3800, August 2006 See Reverse for instructions 1 SENDER: COMPLETE THIS SECTiON COMTLETE THIS SECTION ON DELIVERY -i • Complete items 1,2, and 3. Also oomplete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. • Complete items 1,2, and 3. Also oomplete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. B. Received tjL(fW7(edA/amej C. Date of Delivery _ 1. Article Addressed to: (iAWPtfoiA (leflsmL(LorY)/y)/S6(0Ai ^67^ f^&rRSPOLiTAi^ iXfVe 60iri 105 D. Is delivery address different from Item 1? LJYes If YES. enter delivery address below: • No 3. Service Type • Certified Mall • Express Mall • Registered • Return Receipt for Merchandise • Insured Mall • C.OvD. 4. Restricted Delivery? (Extra Fee) • Yes PS Form 3811. February2004 , Dotnestlc Return Receipt 102595-02-M-1540 t PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of CITY 3AD MAY 1^ 2011 Proof of Publication of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: May 12*^ 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California This 12'^„ of May 20] Jane Allshouse NORTH COUNTY TIMES Legal Advertising "ITOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATiaR CASE NAME: Poinsettia Place Borrow Site CASE NO: CDP 10-14/HDP 10-04/HMP 10-02 PROJECT LOCATION: Wittiin and adiacent to ttie rigtit-ot-way for the easterly extension of Poinsettia Lane soutti of Cassia Road and east of Poinsettia Lane PROJECT DESCRIPTION: The project site is a 20 acre parcel and the project is the grading of a 3.77 acre area which is located within the approved align-ment and elevations of the future extension of Poinsettia Lane. The finished contours will be able to serve as a foundation for the future construction of the extension of Poinsettia Lane. The 3.77 acre area was historically used for ag- riculture and is currently vacant and undeveloped. PROPOSED DETERMINATION: The City of Carlsbad has conducted an en-vironmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment. Therefore, a Negative Declaration will be adopt- ed by the Gity of Carlsbad City Planner. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Negative Declarations, persons and public agencies should focus on the proposed find- ing that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Division within 20 days of the date of this notice. The proposed project and Negative Declaration are subject to review and ap-proval/adoption by the City Planner. Additional notice of an administrative tiearing will be issued if an administrative hearing is requested. If you have any questions, please call Christer Westman in the Planning Division at 760-602-4614. PUBLIC REVIEW PERIOD Ual 1^ 2011; June L 2011 PUBLISH DATE May 12,2011 net 2290286 CfTY OF V (CARLSBAD Planning Division CASE NAME: CASE NO: PROJECT LOCATION: tmest J Dronentiurg. .Ir. Recorder Count) Clerk BY MAY 102011 KOSI^JIv w. ca r I s bad ca. g ov DEPUTY NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION (QITY OF CARLSBAD JUN 15 2011 PLAMHIHG DEPART W Poinsettia Place Borrow Site CDP 10-14/HDP 10-04/HMP 10-02 Within and adiacent to the right-of-wav for the ekstgnxTextension of Poinsettia Lane south of Cassia Road and east of Poinsettia Lane PROJECT DESCRIPTION: The project site is a 20 acre parcel and the project is the grading of a 3.77 acre area which is located within the approved alignment and elevations of the future extension of Poinsettia Lane. The finished contours will be able to serve as a foundation for the future construction ofthe extension of Poinsettia Lane. The 3.77 acre area was historically used for agriculture and is currently vacant and undeveloped. 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 (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment. Therefore, a Negative Declaration will be adopted by the City of Carlsbad City Planner. A copy ofthe initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Pursuant to Section 15204 ofthe CEQA Guidelines, in reviewing Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Division within 20 days of the date of this notice. The proposed project and Negative Declaration are subject to review and approval/adoption by the City Planner. Additional notice of an administrative hearing will be issued if an administrative hearing is requested. If you have any questions, please call Christer Westman in the Planning Division at (760) 602-4614. PUBLIC REVIEW PERIOD PUBLISH DATE Mav 12. 2011 - June 1. 2011 Mav 12. 2011 •ILED IN THE OFFICE OF THf COUNTY CLERK Ban Diego County on, _ llAY 1 0 2011 f'osted MAY 1,,f! ZflH-Removed. Returned to agericy^on. Deputy iSian 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® SITEMAP N NOT TO SCALE Poinsettia Place Borrow Site CDP 10-14/HDP 10-04/HMP 10-02 ja j- cr It C3 IZI • 1=1 a LT) ru ru ET • • U.S. Postal Service ra CERTIFIED MAIL™ RECEIPT (Domestic Mail Only; No Insurance Coverage Provider^) For delivery information visit our website at www.usps.com® 0 I 1 ir^iAL USE: Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Dalivaiy Fee (Endorsement Required) CDP/0-/I $ Postmark Here £-111 Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Dalivaiy Fee (Endorsement Required) CDP/0-/I Postmark Here £-111 Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Dalivaiy Fee (Endorsement Required) CDP/0-/I Postmark Here £-111 Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Dalivaiy Fee (Endorsement Required) CDP/0-/I Postmark Here £-111 Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Dalivaiy Fee (Endorsement Required) CDP/0-/I Postmark Here £-111 Total PostE Sent To Slreet, Apt. I orPOBoxN Ci^. State, 2 California Coastal Commission Attn; Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 SENDER: COMPLETE THIS SECTION Complete Items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on tlie reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY 1. Article Addressed to: California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 ' A. signature X B. Received by (Printec^^^) ^ Q '^Q^^ °' Delivery D. Is delivery address differei^Jgjri tt^iji 1 ? • Yes If YES, enter deliv<aOia|81%«*€®lviMISdS)N° SAN DIEQO COAST DISTRICT 3. Service Type ^^Pertlfled Mall • Express Mall • Registered ''^Uleturn Receipt for Merchandise • Insured Mall ^ C.O.D. 4. Restricted Delivery? (Extra Fee) • Yes 2. Article Nuttibet' (Transfer fmm sen/ice label) 7DD1 aasD DDDD flm^ amb PS Forrn 3811, February 2004 Domestic Return Receipt 102595-02-M-i|^#( Ax C 2 FILECOPY ViCARLSBAD Planning Division www.carlsbadca.gov ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT NOTICE OF PENDING DECISION DATE: November 24, 2010 APPLICATION NUMBER: CDP 10-14 - POINSETTIA PLACE BORROW SITE PROJECT DESCRIPTION: The project is limited to the removal of 65,500 cubic yards of dirt from within a 3.77 acre area of a 20 acre property. No development of the site with buildings or other improvements is proposed or allowed under this Coastal Development Permit. LOCATION: South of Cassia Road and east of Poinsettia Lane APN: 215-020-07-00 The proposed grading is located within the Coastal Zone. No formal public hearing is required for this application, and a public hearing will onlv be held upon written request, within 15 working davs from the date of this notice. Failure to request a hearing may result in loss ofthe ability to appeal to the Coastal Commission any action taken by the City on the Administrative Coastal Development Permit application. The Citv Planner will determine this application 15 working davs after the date of this notice if no public hearing is requested. Written requests for a public hearing should be addressed to the City Planner, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions, comments or concerns regarding this application please contact Christer Westman, at the City of Carlsbad Planning Division, (760) 602-4614, Monday through Thursday - 7:30 a.m. - 5:30 p.m., or 8:00 a.m. - 5:00 p.m. Friday. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® cr ;r n~ IT tr HI :T u • • a CD o Ln ru ru tr a a U.S. Postal Service!, CERTIFIED MAIL,, RECEIPT (Domestic Mail Oniy; No Insurance Coverage Provided) for delivery information visit our website at www.usps.come IAL US Total Por Postmark . Here \l-Q^-IO Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Dellveiy Fee (Endofsement Required) CC>P/o-)H.. No|i<ai dk-Perxfc/«|6eijs.o^'/+«*»o/C(J California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 Sent To Street, Api or POBox City. Slate mm 1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse A. signature X • Agent, • Addressee so that we can return the card to you. • Attach this card to the back of the mailpiece, ft or on the front if space permits. B. Received by (Printed Name) 0. Date of Delivery ' so that we can return the card to you. • Attach this card to the back of the mailpiece, ft or on the front if space permits. D. Is delivery addtei'&l^r^t 4)btif 7 • Yes If YES, enter delivery address below: • No 1. Article Addressed to: CafTfornia Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive D. Is delivery addtei'&l^r^t 4)btif 7 • Yes If YES, enter delivery address below: • No San Diego, CA 92108-4402 3. Service Type ^P^JPertified Mail • Express Mail • Registered ^/^JReturn Receipt for Merchandise • Insured Mail • C.O.D. 4. Restricted Delivery? (Extra Fee) • Yes 2. ArticieNumber|M . , ^;; 70^ EESD DDDD flmT (Transfer fmm semce label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Easy Peel Labels Use Avery® TEMPLATE 5160® Occupant #510 6670 Ambrosia Lane Carlsbad CA 92011 ^Fe; aper See Instruction Sheet j for Easy Peel Feature^ ' ^ Occupant #520 6670 Ambrosia Lane Carlsbad CA 92011 i AVERY® 5160® Occupant #511 6670 Ambrosia Lane Carlsbad CA 92011 Occupant #521 6670 Ambrosia Lane Carlsbad CA 92011 Occupant #512 6670 Ambrosia Lane Carlsbad CA 92011 Occupant #522 6670 Ambrosia Lane Carlsbad CA 92011 Occupant #514 6670 Ambrosia Lane Carlsbad CA 92011 Occupant #524 6670 Ambrosia Lane Carlsbad CA 92011 Occupant #523 6670 Ambrosia Lane Carlsbad CA 92011/ Occupant #514 6670 Ambrosiaj.^nie CarlsbadjGA^O11 Occupant #516 6670 Ambrosia Lane Carlsbad CA 92011 Occupant #524 6670 Ambrosi§j=aiTe Carlsbad-eA^O11 Occupant #526 6670 Ambrosia Lane Carlsbad CA 92011 Occupant #525 6670 Ambrosia Lane Carlsbad CA 92011 Occupant #517 6670 Ambrosia Lane Carlsbad CA 92011 Occupant #527 6670 Ambrosia Lane Carlsbad CA 92011 Occupant #518 6670 Ambrosia Lane Carlsbad CA 92011 Occupant #528 6670 Ambrosia Lane Carlsbad CA 92011 Occupant #519 6670 Ambrosia Lane Carlsbad CA 92011 Occupant #529 6670 Ambrosia Lane Carlsbad CA 92011 Occupant #620 6650 Ambrosia Lane Carlsbad CA 92011 Occupant #611 6650 Ambrosia Lane Carlsbad CA 92011 Occupant #621 6650 Ambrosia Lane Carlsbad CA 92011 Occupant #612 6650 Ambrosia Lane Carlsbad CA 92011 Occupant #622 6650 Ambrosia Lane Carlsbad CA 92011 Occupant #613 6650 Ambrosia Lane Carlsbad CA 92011 Occupant #623 6650 Ambrosia Lane Carlsbad CA 92011 Occupant #614 6650 Ambrosia Lane Carlsbad CA 92011 Occupant #624 6650 Ambrosia Lane Carlsbad CA 92011 Occupant #615 6650 Ambrosia Lane Carlsbad CA 92011 Etiquettes fadles a peier Sens de charaement Consultez la feuille ff'irntrnrtion www.avery.com i-ann-fiO-AVFRY Easy Peel Labels Use Avery® TEMPUTE 5160® Occupant #625 6650 Ambrosia Lane Carlsbad CA 92011 aper See Instruction Sheet I ^ for Easy Peel Feature Occupant #616 6650 Ambrosia Lane Carlsbad CA 92011 AVERY®5160® Occupant #626 6650 Ambrosia Lane Carlsbad CA 92011 Occupant #617 6650 Ambrosia Lane Carlsbad CA 92011 Occupant #627 6650 Ambrosia Lane Carlsbad CA 92011 Occupant #628 6650 Ambrosia Lane Carlsbad CA 92011 Occupant #619 6650 Ambrosia Lane Carlsbad CA 92011 Occupant #629 6650 Ambrosia Lane Carlsbad CA 92011 Occupant #720 6640 Ambrosia Lane Carlsbad CA 92011; Occupant #711 6640 Ambrosia Lane Carlsbad CA 92011 Occupant #721 6640 Ambrosia Lane Carlsbad CA 92011 Occupant #712 6640 Ambrosia Lane Carlsbad CA 92011 Occupant #722 6640 Ambrosia Lane Carlsbad CA 92011 Occupant #713 6640 Ambrosia Lane Carlsbad CA 92011 Occupant #723 6640 Ambrosia Lane Carlsbad CA 92011 Occupant #714 6640 Ambrosia Lane Carlsbad CA 92011 Occupant #724 6640 Ambrosia Lane Carlsbad CA 92011 Occupant #715 6640 Ambrosia Lane Carlsbad CA 92011 Occupant #725 6640 Ambrosia Lane Carlsbad CA 92011 Occupant #716 6640 Ambrosia Lane Carlsbad CA 92011 Occupant #726 6640 Ambrosia Lane Carlsbad CA 92011 Occupant #717 6640 Ambrosia Lane Carlsbad CA 92011 Occupant #727 6640 Ambrosia Lane Carlsbad CA 92011 Occupant #728 6640 Ambrosia Lane Carlsbad CA 92011 Occupant #719 6640 Ambrosia Lane Carlsbad CA 92011 Occupant #729 6640 Ambrosia Lane Carlsbad CA 92011 Occupant #810 6630 Ambrosia Lane Carlsbad CA 92011 Occupant #820 6630 Ambrosia Lane Carlsbad CA 92011 Occupant #811 6630 Ambrosia Lane Carlsbad CA 92011 Occupant #821 6630 Ambrosia Lane Carisbad CA 92011 Etiquettes faciles a peier Utilisez le aabarit AVERY® 51 A Sens de chargement Consultez la fsuilie d'instrurtion www.avery.com Easy Peel Labels Use Avsary® TEMPLATE 5160® Occupant #823 6630 Ambrosia Lane Carlsbad CA 92011 j^'F& aper See instruction Sheet j for Easy Peel Feature^ ' | Occupant #814 6630 Ambrosia Lane Carlsbad CA 92011 AVERY®5160® Occupant #824 6630 Ambrosia Lane Carlsbad CA 92011 Occupant #825 6630 Ambrosia Lane Carlsbad CA 92011 Occupant #816 6630 Ambrosia Lane Carlsbad CA 92011 Occupant #826 6630 Ambrosia Lane Carlsbad CA 92011 Occupant #817 6630 Ambrosia Lane Carlsbad CA 92011 Occupant #827 6630 Ambrosia Lane Carlsbad CA 92011 Occupant #818 6630 Ambrosia Lane Carlsbad CA 92011, Occupant #828 6630 Ambrosia Lane Carlsbad CA 92011 Occupant #819 6630 Ambrosia Lane Carlsbad CA 92011 Occupant #829 6630 Ambrosia Lane Carlsbad CA 92011 Occupant #910 6560 Ambrosia Lane Carlsbad CA 92011 Occupant #920 6560 Ambrosia Lane Carlsbad CA 92011 Occupant #911 6560 Ambrosia Lane Carlsbad CA 92011 Occupant #921 6560 Ambrosia Lane Carlsbad CA 92011 Occupant #912 6560 Ambrosia Lane Carlsbad CA 92011 Occupant #922 6560 Ambrosia Lane Carlsbad CA 92011 Occupant #923 6560 Ambrosia Lane Carlsbad CA 92011 Occupant #914 6560 Ambrosia Lane Carlsbad CA 92011 Occupant #924 6560 Ambrosia Lane Carlsbad CA 92011 Occupant #925 6560 Ambrosia Lane Carlsbad CA 92011 Occupant #916 6560 Ambrosia Lane Carlsbad CA 92011 Occupant #926 6560 Ambrosia Lane Carlsbad CA 92011 Occupant #917 6560 Ambrosia Lane Carlsbad CA 92011 Occupant #927 6560 Ambrosia Lane Carlsbad CA 92011 Occupant #918 6560 Ambrosia Lane Carlsbad CA 92011 Occupant #928 6560 Ambrosia Lane Carlsbad CA 92011 Occupant #919 6560 Ambrosia Lane Carlsbad CA 92011 Occupant #929 6560 Ambrosia Lane Carlsbad CA 92011 Etiquettes faciles a peler ten® ^onc Hja rharnomont Consultez la feuille www.avery.com 1 onn f:n AMCOV Easy Peel Labels Use Avery® TEMPLATE 5160® Occupant # 1020 6550 Ambrosia Lane Carlsbad CA 92011 aper See Instruction Sheet < for Easy Peel Feature^ ^ Occupant # 1011 6550 Ambrosia Lane Carlsbad CA 92011 IAVERY®5150® ! - A Occupant # 1021 6550 Ambrosia Lane Carlsbad CA 92011 Occupant # 1012 6550 Ambrosia Lane Carlsbad CA 92011 Occupant #1022 6550 Ambrosia Lane Carlsbad CA 92011 Occupant #1013 6550 Ambrosia Lane Carlsbad CA 92011 Occupant #1023 6550 Ambrosia Lane Carlsbad CA 92011 Occupant # 1014 6550 Ambrosia Lane Carlsbad CA 92011 Occupant # 1024 6550 Ambrosia Lane Carisbad CA 92011 / Occupant #1015 6550 Ambrosia Lane Carlsbad CA 92011 Occupant # 1025 6550 Ambrosia Lane Carlsbad CA 92011 Occupant # 1016 6550 Ambrosia Lane Carlsbad CA 92011 Occupant # 1026 6550 Ambrosia Lane Carlsbad CA 92011 Occupant #1017 6550 Ambrosia Lane Carlsbad CA 92011 Occupant # 1027 6550 Ambrosia Lane Carlsbad CA 92011 Occupant # 1028 6550 Ambrosia Lane Carlsbad CA 92011 Occupant # 1019 6550 Ambrosia Lane Carlsbad CA 92011 Occupant # 1029 6550 Ambrosia Lane Carlsbad CA 92011 Cadsbad Poinsettia Land Co c/o Dave Jacinto 219 Meadow Vista Way Encinitas CA 92024 Acacia Investors LLC #115 1650 Hotel Circle North San Diego CA 92108 California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 Manzanita Partners LLC # 100 3990 Ruffin Road San Diego CA 92123 Mirabella 6610 Ambrosia Lane Carlsbad CA 92011 r\ notice has been mailed to all property owners.'occupants listed herein. Date: ll-P^-/0 Signature: /s,-r Viadana Home Owners Association #111 543 Encinitas Boulevard Encinitas CA 92024 Etiquettes faciles a peler Ut!ii5»2 Ja aabarit AVFRY® mSO® Sens de charaement Consultez ia feuille www,avery.com CITY OF V^CARLSBAD Planning Division FILE COPY www.carlsbadca.gov NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: Poinsettia Place Borrovy Site CDP 10-14/HDP 10-04/HMP 10-02 Within and adiacent to the right-of-wav for the easterly extension of Poinsettia Lane south of Cassia Road and east of Poinsettia Lane. PROJECT DESCRIPTION: The project site is a 20 acre parcel and the project is the grading of a 3.77 acre area which is located within the approved alignment and elevations of the future extension of Poinsettia Lane. The fmished contours will be able to serve as a foundation for the future construction of the extension of Poinsettia Lane. The 3.77 acre area was historically used for agriculture and is currently vacant and undeveloped DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Enviroimiental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment, and the City ofCarlsbad finds as follows: ^ The proposed project COULD NOT have a significant effect on the environment. I I 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. (Negative Declaration applies only to the effects that remained to be addressed). I I 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. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, Califomia 92008. ADOPTED: July 28. 2011, pursuant to Administrative Approval ATTEST: DON NEU City Planner 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 e ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY CASE NO: CDP 10-14/HDP 10-04/HMP 10-02 DATE: April 12.2011 BACKGROUND CASE NAME: Poinsettia Place Borrow Site 2. LEAD AGENCY NAME AND ADDRESS: Citv ofCarlsbad 3. CONTACT PERSON AND PHONE NUMBER: Christer Westman. Sr. Planner (760) 602-4614 4. PROJECT LOCATION: South of Cassia Road and east of Poinsettia Lane 5. PROJECT SPONSOR'S NAME AND ADDRESS: Sien-a Linda Development c/o Dave Jacinto. 219 Meadow Vista Way. Encinitas. CA 92024 6. GENERAL PLAN DESIGNATION: Residential Low Medium (RLM) 7. ZONING: Limited Control (L-C) 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: This project entails the grading and export of approximately 65.500 cubic yards of soil from the approved alignment for the future extension of Poinsettia Lane to the Poinsettia Place project site, which is located immediatelv adjacent to the north and which was previously approved and analyzed through a Mitigated Negative Declaration (MND) for CT 04-1 OA. The project includes grading over a 3.77 acre area which is located within the approved alignment and elevations of the future extension of Poinsettia Lane. The fmished contours will be able to serve as a foundation for the future construction of the extension of Poinsettia Lane. The 3.77 acre area was historically used for agriculture and is currently vacant and undeveloped. The property adiacent to the south of the borrow site is vacant and undeveloped and does not have approval for future development. The properties to the east and west are developed with residential apartments and the propertv to the south-east is developed with single family residences. c WP 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site 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. I I Aesthetics I I Greenhouse Gas Emissions Q Population and Housing I I Agricultural and Forestry Q Hazards/Hazardous Materials \^ Public Services Resources I I Hydrology/Water Quality i I Air Quality I I Biological Resources I I Cultural Resources I I Geology/Soils I I Land Use and Planning I I Mineral Resources I I Noise I I Recreation I I Transportation/Traffic I I Utilities & Service Systems I I Mandatory Findings of Significance Rev. 10/18/10 W 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site DETERMINATION. I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I I 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 I I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I I 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 I 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 City Planner's Signature Date Rev. 10/18/10 WSP 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site 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 Impacf 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 Mifigation 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. • "Potenfially Significant Impacf 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 mifigated pursuant to that earlier EIR or Mifigated Negative Declarafion, 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 mitigafion 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 Considerafions" has been made pursuant to that earlier EIR. • A Negative Declarafion 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. 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 Rev. 10/18/10 W 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site 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 attenfion should be given to discussing mifigafion for impacts, which would otherwise be determined significant. Rev. 10/18/10 .«^P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site 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 Impact No Impact • • • X • • • X • • • • • m • m a-d) No Impact: The 3.77 acre property is vacant and was previously disturbed by agricultural production. The project is the grading of a portion of the site which is located within the approved alignment for the future extension of Poinsettia Lane and the export of approximately 65,500 cubic yards of soil to the north. Because the project is entirely within a previously disturbed property, apartment developments exist to the east and west, single family homes to the south-east, and an infill development of townhomes is approved on the adjoining property to the north, the project will not have an adverse effect on a scenic vista or substantially damage scenic resources. The proposed project will not substantially degrade scenic resources within a State scenic highway because it is not located near any State scenic highway. The existing visual character of the site is pleasant for some as open disturbed agricultural fields but it does not possess visual qualifies that would qualify as significant. The proposed project grading is designed consistent with the City's Hillside Development Ordinance and includes slope variation contours as well as erosion control landscaping. The grading of the site will be conducted during the daytime hours and no new source of light and glare will be created by the project. Rev. 10/18/10 JP 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site II. AGRICULTURAL AND FOREST RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Califomia Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the Califomia Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the Califomia Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the Califomia Air Resources Board.) 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 Califomia Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code secfion 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Producfion (as defined by Govemment Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • Kl • • • • • • • • • • • • • Kl a-e) No Impact: The property is vacant and formerly disturbed by agricultural production. The extent of the project is the grading of a 3.77 acre portion of a 20 acre site and export of approximately 65,500 cubic yards of soil. The project site does not contain Prime Farmland or Farmland of Statewide Importance per Map X of the Local Coastal Program, it is not under a Williamson Act contract, nor does it contain forest land. The property is mapped as "Unique Farmland" by the Califomia Department of Conservation (See San Diego County Important Farmland 2008 map). Although idenfified as unique, it does not meet the San Diego County Board of Supervisors definition of Rev. 10/18/10 W "^W^P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site locally significant. Therefore the conversion of the property to urban use is not considered significant. The property is zoned Limited Control and requires a future Zone Change prior to future residential development consistent with the property's Residential Low-Medium (RLM 0-4 du/ac) General Plan and Local Coastal Program land use designations. In that the project site is designated for residential development on the General Plan, is not identified as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, and has been under sporadic agricultural production in recent years, its conversion to urban uses is not regarded as a significant adverse impact. Rev. 10/18/10 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site 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) b) c) d) e) Conflict with or obstruct implementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Result in a cumulafively 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)? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of people? Potentially Significant Impact • • • • • Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact • • • • • • Kl K • K • • K • m a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (O3) and for particulate matter less than or equal to 10 microns in diameter (PM|o). 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 Govemments (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 Califomia non-attainment areas having serious ozone problems and used to create the Califomia State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9* through 10* 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. The proposed project is grading for the future development of this section of Poinsettia Lane consistent with the Circulafion Element of the General Plan and its applicable Residential Low Medium General Plan land use designation and has been anficipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Rev. 10/18/10 \^ Sm^P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site Section 15125(B) of the State of Califomia Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Confrol 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 Califomia 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 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 regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust confrol. No long-term emissions are associated with travel to and from the project. 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-apainment zone for ozone and suspended fine particulates. The proposed project would represent a contribufion to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project grading would be minimal. Given the limited emissions potenfially 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 Secfion 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 project grading would not resuh in substanfial pollutant emissions or concentrations. The nearest sensitive receptors (Multi-Family Residences) are located a minimum of 250 feet away from the area of grading. Accordingly, no impact is assessed. e) No Impact. The constmction of the proposed project could generate fumes from the operation of constmction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. Standard pracfice for watering the site during grading and maintenance of grading machinery will reduce short term impacts to a level of insignificance. 10 Rev. 10/18/10 ^P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site 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 Califomia 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 idenfified in local or regional plans, policies, or regulations or by Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substanfial adverse effect on federally protected weflands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vemal 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 Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • S • • • • • • • • • • • Kl • • • Kl • K a-0 No Impact: The site is located within an area that has been previously disturbed by agricultural production. The site has been surveyed and documented by Resource Balance , dated May 2010, as being fully disturbed with no presence of significant biological resources. There are no species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by Califomia Department of Fish and Game or U.S. Fish and Wildlife Service onsite. There is no riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by Califomia Department of Fish and Game or U.S. Fish and Wildlife Service onsite. There are no federally protected wetlands as defined by Section 404 of the Clean Water Act on the property. The property is not known to be subject to the movement of any native resident or migratory fish or wildlife species or be within established native resident or migratory wildlife corridors or contain native wildlife nursery sites. Since the property is devoid of animal or plant species that could be considered as sensifive or protected, the development of the site will not conflict with the provisions of the City's adopted Habitat Management Plan. 11 Rev. 10/18/10 P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site 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 indirecfiy 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 Less Than Mitigation Significant No Incorporated Impact Impact • • • K • Kl • • S • • S a-d) No Impact: The site has been previously surveyed for cultural resources (Gallegos and Associates, March 2006) and there is no evidence that the site has the potential to contain significant cultural resources. 12 Rev. 10/18/10 \mdp 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site 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 resuh 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 Califomia Building Code (2007), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or altemative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact • • • • • • • • • • • • • • • • • • • • No Impact • m K Ki K • Ei • m • K a.i.-a.iv.) No Impact. Geotechnical investigations of the site were prepared. Soil and Geologic Reconnaissance, The Bridges at Poinsettia, Carlsbad, California prepared by Geocon Incorporated dated June 22, 2006 and Update Soil and Geologic Reconnaissance, The Bridges at Poinsettia, Carlsbad, California prepared by Geocon Incorporated dated May 25, 2007 to provide subsurface information and geotechnical recommendations specific to the proposed project site. According to this report, the subject site is not located within any Earthquake Fault Zones as created by the Alquist-Priolo Act, nor are there any known major or active faults on or in the immediate vicinity of the site. Because of the lack of known active fauhs on the site, the potential for surface rupture at the site is considered low. The main seismic hazard that may affect the site is ground shaking from one of the active regional faults, with the nearest known active fault being the Rose Canyon Fault Zone located 6.8 miles west of the site. Due 13 Rev. 10/18/10 W --^P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site to the relatively dense nature of on-site soils, risk of seismic-related ground failure, liquefaction, or landslides is not a significant concem. b) No Impact. The topography of the site is sloping with elevations ranging from approximately 300 feet above mean sea level (amsl) in the northeastem portion of the site to approximately 220 feet amsl at the northwestem part of the site. The project's compliance with the standards in the City's Excavafion and Grading Ordinance that prevent erosion through slope planting and installation of temporary erosion control means will avoid substantial soil erosion impacts. c) Less than Significant Impact. See Section a.i. to a.iv. above. d) Less Than Significant Impact. Geotechnical investigations of the project site were prepared. Soil and Geologic Reconnaissance, The Bridges at Poinsettia, Carlsbad, California prepared by Geocon Incorporated dated June 22, 2006 and Update Soil and Geologic Reconnaissance, The Bridges at Poinsettia, Carlsbad, California prepared by Geocon Incorporated dated May 25, 2007 to provide subsurface information and geotechnical recommendations specific to the proposed project site. According to the reports, grading the property for'the purpose of exporting soil will not be affected by nor will it negafively affect expansive soils. e) No Impact. The proposed project does not propose sepfic tanks. Therefore, there will be no impacts involving soils that support the use of sepfic tanks or altemative wastewater disposal systems 14 Rev. 10/18/10 W' ^P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site VII. GREENHOUSE GAS EMISSIONS - Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purposes of reducing the emissions of greenhouse gases? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated • • • • • Less Than Significant Impact No Impact • Kl • m a-b) No Impact: The extent of the project is the grading of a portion of the site and export of approximately 65,500 cubic yards of soil. The export distance is between 650 and 950 feet and will require approximately 6,550 tmck trips. Because the distance is short, this action will not generate significant greenhouse gasses. Standard construction equipment maintenance requirements will apply as well as standard fugitive dust mitigation in the form of site watering during grading. 15 Rev. 10/18/10 ^P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site VIII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine fransport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident condifions 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 Govemment 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 Less Than Mitigation Significant No Incorporated Impact Impact • • • • • • • • • • s • m • Kl • Kl • K • M • s • m a-h) No Impact. The extent of the project is the grading of a portion of the site and export of approximately 65,500 cubic yards of soil and will not involve the introducfion of hazardous materials. The site is not included on a list of property known to have hazardous materials. Grading the site and exporting soil will not have an effect on the Palomar-McClellan Airport in that no land uses with the exception of a future circulation element road are proposed, will not impair or physically interfere with an adopted evacuation plan, nor will it expose people or structures to the 16 Rev. 10/18/10 P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site risk of wildland fire. The property is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Govemment Code Section 65962.5 (Cortese List). 17 Rev. 10/18/10 NilJp 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site IX. 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 producfion 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 pattem of the site or area, including through the alteration of the course of a sfream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a sfream or river, or substantially increase the flow rate or amount (volume) of surface mnoff in a manner, which would resuh in flooding on- or off- site? e) Create or contribute mnoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted mnoff? 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 stmctures to a significant risk of loss, injury or death involving fiooding, 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 Less Than Mitigation Significant No Incorporated Impact Impact • • • • • • • • • • • • • S • S • m • Kl • Kl • Kl • Kl • S • S • Kl 18 Rev. 10/18/10 W 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site a- j) No Impact. The extent of the project is the grading of a portion of the site and export of approximately 65,500 cubic yards of soil. The project grading will implement best management practices and will therefore not violate any water quality standard. The proposed grading does not have a demand on groundwater supplies nor will it have adverse effect on aquifer recharge since the property is located 250 feet above sea level and not in close proximity to an aquifer. The existing drainage pattem of the site will be altered but through the implementation of hydro- modifications the discharge of water from the site will not be increased and no offsite siltation will occur. The site does not contain any sfreams, rivers, lagoons, estuaries, or lakes, it is not in a flood plain, nor is it near the ocean or other bodies of water. Because of its inland location and elevation, the property is at no risk for being affected by seiche or tsunami. Mudflows are unlikely because there is no upland source of water to inundate the property. In addition, to address storm water conditions, the project is subject to the most recent order by the regional water quality confrol board. 19 Rev. 10/18/10 P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site 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 Hmited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mifigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? . Potentially Significant Potentially. Unless Less Than Significant . Mitigation Significant No Impact Incorporated Impact Impact • • • X • • • X • • • K a-c) No Impact: The property is vacant and disturbed by previous agricultural production. The extent ofthe project is the grading of a portion of the site consistent with the approved alignment for the future extension of Poinsettia Lane and export of approximately 65,500 cubic yards of soil and will therefore not have the possibility of dividing an existing community. The property is designated for Residential Low-Medium (RLM 0-4 du/ac) development on the General Plan and the Local Costal Program. Grading of the 3.77 acre portion of the property will not preclude the future development of the site as residential and/or the ftiture extension of Poinsettia Lane. The site has been disturbed and does not contain any significant habitat. 20 Rev. 10/18/10 %mr' ^P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site XI. MINERAL RESOURCES - Would the project: a) Resuh 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 • • • Less Than Significant Impact No Impact • K • Kl a- b) No Impact. The property is located within an established residential area and is not designated for mineral resource recovery in the General Plan or any other land use plan. There is no indication that the property contains any known natural resources that would be of future value to the region or the residents of the state. 21 Rev. 10/18/10 WP 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site XII. NOISE - Would the project resuU 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 groundboume vibration or groundboume 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 Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • • • • • • • • • • • K • • • • K K Kl Kl • K a-f) No Impact: The grading of the site will generate a short term minor increase in ambient noise levels and ground bome vibrations associated with consfruction equipment. Long term noise generation will be non-existent. Following the conclusion of the grading, the ambient noise level and ground bome vibration are expected to return to pre-existing levels. The site will ultimately be developed with residential homes consistent with the surrounding neighborhood. 22 Rev. 10/18/10 W^P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site XIII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirecfiy (for example, through extension of roads or other infrastmcture)? b) Displace substantial numbers of existing housing, necessitafing the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construcfion of replacement housing elsewhere? Potentially Significant Impact • • Potentially Significant Unless Mitigation Incorporated • • • Less Than Significant No Impact Impact • m nam • K a-c) No Impact: The project is limited to the grading of a vacant and disturbed site for the purpose of exporting soil to an adjacent property. No other development is proposed that would displace housing or people. 23 Rev. 10/18/10 ^^P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site XIV. PUBLIC SERVICES Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a) Would the project resuh in substantial adverse physical impacts associated with the provision of new or physically altered govemment facilities, a need for new or physically altered government facilities, the construcfion of which could cause significant environmental impacts, in order to maintain acceptable service rafios, response times, or other performance objectives for any of the public services: i) Fire protection? • • • X ii) Police protection? • • • X iii) Schools? • • • X iv) Parks? • • • X V) Other public facilifies? • • • X a) No Impact: The project is limited to the grading of a vacant and disturbed site for the purpose of exporting soil to an adjacent property. No other development is proposed that could affect public services. 24 Rev. 10/18/10 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site XV. 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 construcfion 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 Impact No Impact • m • Kl a-b) No Impact: The project is limited to the grading of a vacant and disturbed site for the purpose of exporting soil to an adjacent property. No other development is proposed that could affect recreation. 25 Rev. 10/18/10 C^P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site XVI. TRANSPORTATION/TRAFFIC - Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass fransit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and fravel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Resuh in a change in air traffic pattems, including either an increase in traffic levels or a change in location that resuhs in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Resuh in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public fransit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • • • • • • • • • K • • • K • Kl • K • Kl • Kl a-f) No Impact: The project is limited to the grading of a vacant and disturbed site for the purpose of exporting soil to an adjacent property. The number of tmck trips to haul the soil is estimated to be approximately 6,550 and the distance between 650 and 950 feet. Export of the soil to the adjacent property will not require the use of public roads. No other development is proposed that could affect transportation/traffic. 26 Rev. 10/18/10 ^^^^ P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site XVII. UTILITIES AND SERVICE 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 consfrucfion 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? 0 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 Less Than Mitigation Significant No Incorporated Impact Impact • • • • • • • • • K • Kl • S • K • S • K • K a-c) No Impact: The project is limited to the grading of a vacant and disturbed site for the purpose of exporting soil to an adjacent property. No other development is proposed that could affect utilities and service systems. 27 Rev. 10/18/10 \me>P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia 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 substanfial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact • Potentially Significant Unless Mitigation Incorporated • • • • • Less Than Significant Impact No Impact • S • m • s a-c) No Impact: The project does not 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 Califomia history or prehistory since it is limited to the removal of 65,500 cubic yards of soil over a 3.77 acre area that is already disturbed. The project grading will comply with all City grading standards, habitat and cultural resource protection regulations and therefore will not result in significant cumulative impacts or adverse impacts on human beings. No impacts have been identified to result from the proposed grading. 28 Rev. 10/18/10 W '•nal^P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site 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 negafive declarafion. Section 15063(c)(3)(D). In this case a discussion should idenfify the following on attached sheets: a) Earlier analyses used. Idenfify 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 mifigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 29 Rev. 10/18/10 ^^P 10-14/HDP 10-4/HMP 10-02 Poinsettia Place Borrow Site 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 Division located at 1635 Faraday Avenue, Carlsbad, Califomia, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Division. March 1994. 2. Carlsbad General Plan, City of Carlsbad Planning Division, dated March 1994. 3. City of Carlsbad Municipal Code, Title 21 Zoning, City of Carlsbad Planning Division, as updated. 4. Habitat Management Plan for Natural Communities in the City of Carlsbad, City of Carlsbad Planning Division, final approval dated November 2004. 5. Biological Resources Assessment for Poinsettia Lane Extension on APN 215-020-07 prepared by Resource Balance, inc. Dated May 1, 2010 6. Cultural Resources Survey and Test Report for the Bridges at Poinsettia Project Carlsbad, CA prepared by Gallegos and Associates dated March 2006 7. Soil and Geologic Reconnaissance, The Bridges at Poinsettia, Carlsbad, California prepared by Geocon Incorporated dated June 22, 2006 8. Update Soil and Geologic Reconnaissance, The Bridges at Poinsettia, Carlsbad, California prepared by Geocon Incorporated dated May 25, 2007 9. San Diego County Important Farmland 2008 map prepared by the Califomia Department of Conservation 10. Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Poinsettia Place project (CT 05-1 OA). 30 Rev. 10/18/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: S-7~/0 (To be completed by City) Application Number(s): Generai Information 1. Name of project: (C>?^sy/e. - A^^.^ 2. Name of developer or project sponsor: cS/^.y^'-^ ^/^^y^ 2^&.i/)zy^/p^^rrr/ Address: ^/f "^^^ City, State, Zip Code: y/-^-^ , ^2^^y^ Phone Number: ^78^f- V^72. Name of person to be contacted concerning this project: Address: ^^^d. City, State, Zip Code: Phone Number: 0^^<^ Address of Project: Assessor's Parcel Number: 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. Existing General Plan Land Use Designation: 7. Existing zoning district: 8. Existing land use(s): 9. Proposed use of site (Project for which this form is filed): Project Description 10. Site size: _2j££^ 11. Proposed Building square footage 12: Number of floors of construction 13. Amount of off-street parking provided: 14. Associated projects: P-1 (D) Page 2 of 4 Revised 04/09 15. If residential, include the number of units and schedule of unit sizes: yV^/ ^ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: A//^ 17. If industrial, indicate type, estimated employment per shift, and loading facilities: 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ^ 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate cleariy why the application is required: P-1 (D) Page 3 of 4 Revised 04/09 Are the following items applicable to the project or its effects? Discuss all items checl<ed yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial H 13 alteration of ground contours, ^^^^j,^^^ 21. Change in scenic views or vistas from existing residential areas or public lands or D H roads. 22. Change in pattem, scaleor character of general area of project. 0 • 23. Significant amounts of solid waste or litter. • S 24. Change in dust, ash, smoke, fumes or odors in vicinity. D S 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or • B alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D S 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, • B flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D IS" etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). • H" 31. Relationship to a larger project or series of projects. S D Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowtedge an<|l belief. Date: S~'V-/^> Sionaturt.^ , P-1 (D) Page 4 of 4 Revised 04/09 <#»^ CITY OF ^ CARLSBAD Memorandum August 16, 2010 To: Christer Westman, Project Planner From: Steve Bobbett, Project Engineer Via: Glen Van Peski, Senior Civil Engineer Re: PROJECTID: CDP 10-14/HDP 10-04/HMP 10-02 PROJECT NAME: POINSETTIA PLACE APN: 215-020-07-00 SECOND COMPLETENESS AND ISSUES REVIEW Land Development Engineering has completed a second review ofthe above-referenced project for application completeness and for engineering issues of concern. The application and plans submitted are complete and all issues of concern have seen sufficiently addressed to allow for the preparation of conditions. When available, please forward a copy ofthe site plan to be used for conditioning and allow for sufficient time to compare the final site plan with Land Development's copy and to finalize the conditions. If you or the applicant has any questions, please either see or contact me at 602-2747. Steve Bobbett Associate Engineer Land Development Engineering Cc: Glen Van Peski, City Engineer Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov CITY OF ^ ^ ^ CARLSBAD Memorandum July 14, 2010 To: Christer Westman, Project Planner , From: Steve Bobbett, Project Engineer /-^/^ Via: Glen Van Peski, Senior Civil Engineer Re: PROJEa ID: CDP 10-14 / HDP 10-04 / HMP 10-02 PROJECT NAME: POINSETTIA PLACE APN: 215-020-07-00 FIRST COMPLETENESS AND ISSUES REVIEW Land Development Engineering has completed a review ofthe above-referenced project for application completeness and for engineering issues of concern. The application and plans submitted are complete. Below we have listed the Engineering Issues that should be addressed prior to final determination or conditioning. ENGINEERING ISSUES: 1. Please revise the site plan as follows: a. Provide for a desiltation basin at the east end ofthe proposed borrow site. b. Revise the haul route to show the grading and contours required to access the borrow site from the project site. c. Revise the haul route to provide for access to the desiltation basin from the end ofthe proposed on-site core improvements of Poinsettia Lane, across and along the future fill area, and across the proposed borrow site for maintenance ofthe basin. d. Revise the limit of disturbance line and the area of the total area of disturbance to exclude the future fill area but to include the disturbance required by the construction ofthe desiltation basin and the haul route / maintenance road. e. Add a typical section of Poinsettia Lane showing the proposed limit of excavation relative to the future top of pavement, top of curb, sidewalk and parkway elevations forthe future ultimate Poinsettia improvements. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov July 14, 2010 Page 2 If you or the applicant has any questions, please either see or contact me at 602-2747. Please have the applicant return all attached marked site plan with their next submittal. Steve Bobbett Associate Engineer Land Development Engineering Attachment: Redlined Site Plan DATE: TO: CITY OF CARLSBAD REVIEW AND COMMENT MEMO JUNE 22, 2010 REVIEW NO: 1 M Engineering, Development Services - Terie Rowley • Police Department - J. Sasway n Fire Department - James Weigand n Building Department-Will Foss n Recreation - Mark Steyaert • Public Works Department (streets) - Thomas Moore • Water/Sewer District D Landscape Plancheck Consultant - PELA • School District n North County Transit District - Planning Department • Sempra Energy - Land Management • Caltrans (Send anything adjacent to 1-5) n Parks/Trails - Liz Ketabian *ALWAYS SEND EXHIBITS COJ FROM: PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): ^310-04/H M P 10-02 WDP 10-14/HDP PROJECTTITLE: POINSETTIA PLACE APPLICANT: SIERRA LINDA DEVELOPMENT/DAVE JACINTO PROPOSAL: OFFSITE GRADING EXTENSION Please review and submit written comments and/or condifi DESK, in the Planning Department at 1635 Faraday Avenue Comments", please so state. G TRACKING Thank you COMMENTS: DATE: Pi:ANg:^J^:^HED Review & Comment 09/07 <X^^ CITY OF ^CARLSBAD Community & Economic Development www.carisbadca.gov Dec. 7, 2011 Ms. Sarah Beckman Community Development Manager Shea Homes Inc. 9990 Mesa Rim Road San Diego, CA 92130 Dear Ms. Beckman: Pursuant to City of Carlsbad Engineering Department Policy # 16, your request for issuance of grading permit for DWG 469-5A prior to approval of the final map by the city has been granted. Prior to the issuance ofthe permit the following shall be completed: • All project conditions required prior to final map approval shall be complied with. • Security and agreements posted. [Requires approval of security and agreements by city attorney's office] • All fees paid. • Final map mylars submitted to city with all required signatures and all related items. Sincerely, Steve Bobbett, P.E. Associate Engineer Enclosure: Carlsbad Engineering Department Policy # 16 cc: Glen Van Peski, Engineering Manager Don Neu, City Planner Land Development Engineertng 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax CITYOFCARLSBAD ENGINEERING DEPARTMENT POUCY /^NUMBER: 16 \ SUBJECT: GRADING PERMITS PRIOR TO RNAL MAP APPROVAL EFFECTIVE: 7/10/96 SUPERSEDES; 1/20/94 APPROVED BY: 'y^f ^^)MMJL^ 1 ^LOYDi^ijBBSC Citv Engineer PURPOSE: To prevent grading of land which may not be followed by an approved development To prevent long delays from grading of site to construction of improvements. To avoid potential environmental, aesthetic or erosion problems. POLICY: 1. 2. Except as approved belcw. no grading permits may be issued for projects for which a final map or parcei map is required until afterthe final map or parcei map is approved by tiie City. Prior to the issuance of any grading pennlt-inciudtng those approved below-all of the following must be completed: a. Environmental approval. b. Grading pian approval. c. Grading agreement, bond and cash deposit posting. d. All approvals of Resource Agendes and Coastal Commission Of required). e. Aii project conditions that are required priorto grading permit issuance. Developers may request approval to grade prior to final map or parcel map approval for one or more of the following reasons: a. b. c. d. e. Benefit to the City such as completion of a vital arterial roadway section. Extreme financial hardship. Grading of entire site is required to b^ance grading, but finai map is to be recorded oniy for the first phase of a multi-phase subdivision. All project conditions required prior to finai map approval have been compieted, bonds and agreements are posted, fees paid, agenda biW prepared and cnly action by tine City Council remains. Otiier circumstances which tiie Qty may deem reasonable. PROCEDURE: 1. The developer desiring the advance grading shail submit a letter to the City ^cf^aning the reason(s) why the project should be accepted from tiie Policy. Letters shouid be sent to the Engineering Department, Attention: Prindpal Civil Engineer, Engineering Review Section. 2. a. The Advance Grading Committee-consisting of the City Engineer, the Planning Director, and the Community Development Director-will review tiie requ^t and m^ a detennination of whetiier or not the project will be granted an approval to grade in advance of final or parcel map approval. 2.b. \Ninen everyUiing is completed except for tiie Qty Coundl action (Pdicy 3.d. above), advanced grading may be approved by the Prindpal Civii Engineer, Engine^ng Review Section. 3. The developer will be notified in writing of the dedsion. RHA:jb CITY OF VXARLSBAD Planning Division m. copy www.carlsbadca.gov July 28, 2011 Shea Homes c/o Sarah Beckman 9990 Mesa Rim Road San Diego CA 92121 SUBJECT: HMP 10-02 - POINSETTIA PLACE BORROW SITE The City has completed a review of the application for a Habitat Management Plan Permit for the removal of approximately 65,500 cubic yards of earth from a 3.77 acre portion of a 20 acre R-1 zoned property located within and adjacent to the right-of-way for the extension of Poinsettia Lane generally located south of Cassia Road and east of Poinsettia Lane within an area previously disturbed for agricultural purposes. It is the Planning Director's determination that the project is consistent with the City's Habitat Management Plan and Chapter 21.210 of the Carlsbad Municipal Code and therefore APPROVES this request based on the following: Findings: 1. That the 20 acre property is shown in Figure 28 of the approved HMP as a proposed Standards Area. 2. That authorization to impact sensitive habitats through the removal of 3.77 acres of disturbed land is subject to continuous compliance with all provisions of the Habitat 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 ofthe Incidental Take Permit, and the Biological Opinion. 3. That authorization to excavate 3.77 acres of disturbed land is subject to continuous compliance with the provisions of Volumes I, II and III of the Multiple Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 4. That all impacts to the disturbed land will be incidental to othenvise lawful activities related to the excavation and export of approximately 65,500 cubic yards of earth. 5. That the project grading design as approved by the City of Carisbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically, the excavation project is located within an HMP Standards Area but concentrated within a disturbed agricultural area and the westerly half of the 20 acre parcel (215-020-07 Maldonado); the conditions of approval for the project include the payment of all applicable Habitat Mitigation In- Lieu fees; and the HMP Habitat Mitigation In-Lieu Fee program anticipated impacts 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © HMP 10-02 - POINSETTIA PLACE BORROW SITE July 28, 2011 PAGE 2 to native habitat outside the preserve area and payment of the in-lieu mitigation fee assists in conserving a full range of vegetation types remaining in the City, with a focus on rare and sensitive habitats. 6. That since there are no impacts to sensitive habitats as a result of the project, there will be no reduction in the likelihood of survival and recovery of species in the wild due to compliance with ail of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. 7. The Planning Director of the City of Carisbad does hereby find: a. The Planning Director has reviewed, analyzed, and considered the Negative Declaration and the environmental impacts therein identified for this project and any comments thereon prior to ADOPTING the project; and b. The Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carisbad; and c. It reflects the independent judgment of the Planning Director of the City of Carisbad; and d. Based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 8. That the Planning Director is authorized to sign the Habitat Management Permit. 9. The Planning Director hereby finds that all development in Carisbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carisbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element ofthe City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's Habitat Management Plan. Conditions: 1. Approval is granted for HMP 10-02, as shown on Exhibit(s) "A", dated July 28, 2011, incorporated by reference and on file in the Planning Division. Development shall occur substantially as shown on the approved exhibit(s). Any proposed grading and/or development substantially different from this approval as determined by the Planning Director, shall require an amendment to this Habitat Management Plan Permit. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to Q HMP 10-02 - POINSETTIA PLACE BORROW SITE July 28, 2011 PAGE 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 or a successor in interest by the City's approval of this Habitat Management Plan Permit. 3. 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 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. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carisbad, 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 Habitat Management Plan Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 6. This approval is granted subject to the approval of the Coastal Development Permit CDP 10-14 and Hillside Development Permit HDP 10-04, and is subject to all conditions contained in the administrative documents for those other approvals. 7. This project has been found to result in impacts to wildlife habitat or other lands, specificaily 3.77 acres of disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 ofthe Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the Category F fee for impacting 3.77 acres of Disturbed Lands prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the HMP 10-02 - POINSETTIA PLACE BORROW SITE July 28, 2011 PAGE 4 Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. CITY OF CARLSBAD CHRIS DeCERBO Principal Planner CD:CW:sm c: Don Neu, Planning Director Steve Bobbett, Project Engineer Michele Masterson, Senior Management Analyst Chris DeCerbo, Principal Planner File Copy Data Entry/DMS mi'^'i 0/3/11 <£(^> CITY OF V^CARLSBAD Planning Division m COPY www.carlsbadca.gov July 28, 2011 Shea Homes c/o Sarah Beckman 9990 Mesa Rim Road San Diego CA 92121 SUBJECT: HDP 10-04 - POINSETTIA PLACE BORROW SITE The City has completed a review of the application for a Hillside Development Permit for the removal of approximately 65,500 cubic yards of earth from a 3.77 acre portion of a 20 acre R-1 zoned property located within and adjacent to the right-of-way for the extension of Poinsettia Lane south of Cassia Road and east of Poinsettia Lane within an area previously disturbed for agricultural purposes. It is the Planning Director's determination that the project is in conformance with the City's Hillside Development Ordinance, Chapter 21.95 of the Carisbad Municipal Code and therefore approves this request based on the following: Findinqs: 1. Hillside conditions have been properly identified on the constraints map, which show that there is a small isolated natural slope with a gradient greater than 40% that is not part of a prominent land form feature and is therefore developable and the project site includes developable slopes greater than or equal to 25%, since pursuant to Section 21.203.040(A)(1)(a) and 21.203.040(A)(3) of the Carlsbad Municipal Code, grading within these slopes may occur in that the proposed grading is within the right-of-way for the future construction of Poinsettia Lane which is a City of Carlsbad Circulation Element Roadway, no structures are proposed with this application; project grading is essential to obtaining the necessary fill material for a City of Carlsbad Circulation Element Roadway (Poinsettia Lane); the site is not within a major wildlife habitat or native vegetation area; and the site is not located within a wildlife corridor. 2. There are no undevelopable areas within the project scope of disturbance, i.e. slopes over 40% that comprise a prominent land form feature, shown on the constraints map. 3. The development proposal is consistent with the intent, purpose and requirements of the Hillside Ordinance, Chapter 21.95 in that the minimum amount of grading necessary for the acquisition of earth for the construction of a segment of a City of Carlsbad Circulation Element Roadway is proposed and that resultant slopes follow the hillside development guidelines in that the manufactured slopes are designed with variable contours; and expanses of flat 2:1 slopes are limited. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® HDP 10-04 - POINSETTIAPLACE BORROW SITE July 28, 2011 PAGE 2 4. The project results in a grading volume of over 10,000 cubic yards per acre and this grading is associated with the construction of Poinsettia Lane (a circulation element roadway). Since the grading is directly associated with the construction of a circulation element roadway and it complies with all other City standards, it is excluded from the hillside development and design standards of Section 21.95.120 including hillside slope limitations, grading volumes, and slope heights. 5. The proposed grading and development will only occur in a 3.77 acre disturbed and developable portion of a 20 acre property. 6. The grading design minimizes disturbance of hillside lands. 7. The project design substantially conforms to the intent of the concept illustrated in the Hillside Development Guidelines Manual. Conditions: 1. Approval is granted for HDP 10-04, as shown on Exhibit(s) "A", dated July 20, 2011, incorporated by reference and on file in the Planning Division. Development shall occur substantially as shown on the approved exhibit(s). Any proposed grading and/or development substantially different from this approval as determined by the Planning Director, shall require an amendment to this Hillside Development Permit. 2. This approval is granted subject to the approval of the Coastal Development Permit CDP 10-14 and Habitat Management Permit HMP 10-02, and is subject to all conditions contained in the administrative documents for those other approvals. CITY OF CARLSBAD CHRIS DeCERBO Principal Planner CD:CW:sm c: Don Neu, Planning Director Michele Masterson, Senior Management Analyst Chris DeCerbo, Principal Planner Steve, Bobbett, Project Engineer File Copy Data Entry Ac.o. ^ ^ FILECOPY V^CARLSBAD Planning Division www.carlsbadca.gov MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION July 28, 2011 Shea Homes c/o Sarah Beckman 9990 Mesa Rim Road San Diego, CA 92121 RE: CDP 10-14 - POINSETTIA PLACE BORROW SITE The City has completed a review of the application for a Minor Coastal Development Permit for the removal of approximately 65,500 cubic yards of dirt from a 3.77 acre portion of a 20 acre R- 1 zoned property located within and adjacent to the right-of-way for the easteriy extension of Poinsettia Lane south of Cassia Road and east of Poinsettia Lane within an area previously disturbed for agricultural purposes. This proposed grading is part of the implementation of the Poinsettia Place development which was approved on the adjacent property to the north. The intent of this Minor Coastal Development Permit is to supplement the Coastal Development Permit approved for the Poinsettia Place project (CDP 04-23A) for offsite grading and acquisition of fill material needed to construct the easteriy Poinsettia Lane extension. It is the Planning Director's determination that the project CDP 10-14 - POINSETTIA PLACE BORROW SITE, is consistent with the applicable City's Coastal Development Regulations (Chapters 21.201 - 21.205); and with all other applicable City ordinances and policies. The Planning Director, therefore, APPROVES this request based upon the following: 1. That the total cost of the proposed development is less than $60,000. 2. That the proposed development requires no other non-administrative discretionary approvals other than a Minor Coastal Development Permit. 3. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the property is not located adjacent to the shore and therefore no opportunities for coastal access are available from the subject site, nor are public recreation areas required ofthe project. 4. The proposed development will have no adverse effect on coastal resources, in that no current Williamson Act agricultural activities or significant agricultural land designated on Map X, sensitive resources, geological instability, flood hazard or coastal access opportunities exist onsite; and the removal of 65,500 cubic yards of dirt will not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty of the coastal zone. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CDP 10-14 - POINSETTIATUVCE BORROW SITE -3 July 28, 2011 PAGE 2 5. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No natural vegetation is located within the subject area and it is not prone to landslides or susceptible to accelerated erosion, floods or liquefaction. The project site includes natural slopes greater than or equal to 25%, however pursuant to Section 21.203.040(A)(1)(a) and 21.203.040(A)(3) of the Carlsbad Municipal Code grading within these slopes may occur in that the proposed grading is within the right-of-way for the future construction of Poinsettia Lane which is a City of Carlsbad Circulation Element Roadway, no structures are proposed with this application; project grading is essential to obtaining the necessary fill material for Poinsettia Lane; the site is not within a major wildlife habitat or native vegetation area; and the site is not located within a wildlife corridor. 6. 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 site is located within and adjacent to the right-of-way of the future extension of Poinsettia Lane and the site is designated on the Land Use Map as Residential Low-Medium Density (RLM) for the future development of single family residential uses. The proposal to borrow fill material from this site is consistent with the Mello II RLM Land Use designation. 7. That the request for a minor coastal development permit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(B) and (C) ofthe Carlsbad Coastal Development Regulations. 8. The Planning Director of the City of Carisbad does hereby find: a. The Planning Director has reviewed, analyzed, and considered the Negative Declaration and the environmental impacts therein identified for this project and any comments thereon prior to ADOPTING the project; and b. the Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carisbad; and c. it reflects the independent judgment of the Planning Director of the City of Carisbad; and d. based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. 9. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan, certified in September 1990, and therefore, is not subject to the provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Carlsbad Municipal Code). 10. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this approval, and hereby finds, in this case, that the exactions imposed to CDP 10-14 - POINSETTWPLACE BORROW SITE July 28, 2011 PAGE 3 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: 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit, CDP 10-14, for the project entitled POINSETTIA PLACE BORROW SITE (Exhibit A), dated July 20, 2011, on file in the Planning Division and incorporated by this reference, subject to the conditions herein set forth. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal 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. 4. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 6. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carisbad, 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 Minor Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby. 7. This approval shall become null and void if a grading permit is not issued for this project within 24 months from the date of project approval. 8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carisbad Municipal Code Section CDP 10-14 - POINSETTI/rPLACE BORROW SITE ^ July 28, 2011 PAGE 4 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carisbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 21, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. Ifthe taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 9. Prior to the issuance of a grading permit. Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carisbad has issued a Minor Coastal Development Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 10. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as othen^/ise specifically provided herein. 11. 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. 12. This approval is subject to all of the conditions of approval adopted for the Poinsettia Place project CT 04-1 OA incorporating by reference all ofthe conditions contained in City Council Resolution No. 2010-027 and Planning Commission Resolutions No. 6650 (CT 04-1 OA), 6651 (CP 04-05A), 6653 (CDP 04-23A), 6193 (HDP 04-05), and 6196 (HMP 06-08). 13. Prior to issuance of a Grading Permit, the Developer must execute a Pre- Excavation Agreement with the San Luis Rey Band of Mission Indians that reasonably achieves appropriate treatment of human remains and cultural items; requires a good faith effort by the parties to agree on what is "appropriate treatment and dignity" when addressing human remains and cultural items; requires the return of any human remains or cultural items recovered during the construction process to the San Luis Rey Band of Mission Indians; and, reasonably requires a Native American monitor to be present during ground- disturbing activity. NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $613.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Christer Westman at (760) 602-4614. CDP 10-14 - POINSETTWrPLACE BORROW SITE July 28, 2011 PAGE 5 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carisbad 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. CITY OF CARLSBAD CHRIS DeCERBO Principal Planner CD:CW:sm Don Neu, Planning Director Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer Glen Van Peski, Senior Civil Engineer File Copy Data Entry/DMS California Coastal Commission (NoFA) Christer Westman From: Christer Westman Sent: Monday, June 27, 2011 10:43 AM To: 'Mojado Carmen' Subject: RE: Poinsettia Place Borrow Site Good Morning, Generally speaking Shea Homes is OK with the pre-excavation agreement. A good point was brought up though, and that is that the borrow dirt will be coming from what ultimately is the right-of-way for the final section of Poinsettia Lane. Poinsettia is a major circulation element roadway for the City ofCarlsbad.. Avoidance, if anything is found, may not be an option. Christer From: Mojado Carmen [mailto:c1moiado(!5)mac.com1 Sent: Wednesday, June 22, 2011 7:56 PM To: Christer Westman Subject: Poinsettia Place Borrow Site Dear Mr. Christer Westman, Below attachment is the comment letter on the behalf of Poinsettia Place Borrow Site. Thank you for your time and cooperation on this project. Any questions please feel free to contact me. Cami Mojado Saving Sacred Sites Monitoring ^•jljlDltf^ Tribal Coundl SAN LUIS REY BAND OF MISSION INDIANS Mel Vernon Captain Carmen Mojado Secretary of Goftxrnment Relatiotts Charlotte Herrera Secretarx/ofilw Treasury Tom Beltran Secretary of Economic Development AJ Cerda SecreUmj of Tribal Ethics and Information Clara Guy Tribal Elder Henry Contreras Council hdemlxr David Herrera Council Member Mary Lou Beltran Council Member Carrie Lopez Tribal Adxnsor Merri Lopez, Esq. Trite he^l Advisor Contact information 1^9 Sunset Drive VisU, CA 92081 Tel: (760) 724-8505 Fax: (760) 724-2172 June 22,201 RE; Poinsettia Place Borrow Site Dear Mr. Chirster Westman After reviewing the cultural report done for the Bridges at Aviara Project, which to our understanding covers the Poinsettia Place Borrow Site, Saving Sacred Sites( SSS hereafter) recommends that a qualified archaeologist and Native American monitor be present during all grading associated with the fore mentioned project. This will help ensure that buried and displaced cultural resources are property identified and handled in a timely but respectful fashion. Based on the cultural report there are two known sites within the Bridges at Aviara Project. That proposed APE would impact a small portion of a large site and a large portion of a small site. Poinsettia Place Borrow Site's APE may not directly impact either site bul given the close proximity and the size ofthe larger site, as it appears on the map the site looks to be bigger than the whole APE of Bridges at Aviara Project, the potential to have inadvertent discoveries is high. Thank you for your understanding and consideration of the recommendations given by Saving Sacred Sites Monitoring an arm of the San Luis Rey Band of Mission Indians. Thank you. Carmen Mojado Saving Sacred Sites Revised: 01/09 Tribal Councfl Camun Majadb StxrebayafCmmmad Rdtt&m Chariotte Herrera Secretary qftheTmmay \ Tom Beltran Secretery cf&xmmc Daxk^pmaa AlCerda Secretary ofTrm Wms j and Ijifomusiion QanGaf HenzyGontiier«' CountMMetB^ David Herrera CoimdlMaiAer Mary Um Bdtran QmncS Memiar Carrie Lopez TrUMdAd^sar Merri Lope:^ Esq. Tr^L^Aiki^ Contaa itifannatiim 1889 ^iRSM Chive Vista, CA«20fn Tel: (760) 72W303 Fax:(760)721-2172 SAN LUIS REY BAND of Mission Indians June 22 2011 Rc: CcBnmeatfsoaPtOPOsed Poinsettia Place Borrow Site CDP 10-U/HDP^0-04/imP 10-02 Dear Mr. christer Westman ^ llie S«& lAik Ri^ of kdl»£S l»eiyf OCmaaa^(m1^pxmoSBi Poinsettia Place Borrow Site The Sm LIM Bmd Ctoid" 'TiibeOSan Coonty CaiislbBd,Smlfyam»miiiBmmM^ Tfae Band's fxintny ccHK^oet aie fl» {Kesfrralil^ aiid prc^x^ aiKi Idb4i»rical »t» of d@B&»nt to tte &rQd The &Did k cMKxacBed idxrat prc^te^ catairalrescRinxs^i^^&wiUbeaffiK^byttieP^ TheTnbeisalso ccsiciaaQed alxKtt ttK^iqpjpfopa^ icsffiHsms and cdtosal aod sascd ttems iii^nk:ii oe likd^ to be di^iobed cbiriE^ die ^cgedt'8devd€qpiari:andgitNnd(fis^ii^^ The Band does bave a Most LQody Desceodffiit <m fite 1^ tike A in the event that human nsmains are discovered during the grading {xocess. The iKedfi»rimt%aiionn3C!iKRXR» for tbb Project are 11^^ The ^D^i^e^pn^ectkw&imi^beafgMiMtoptstBCtflKsem Tte Band iitf^cfe to aO ^fBV^ciate and n»xssffiy ppocaahaes avi^^ d«rtti»seresmffi^atepn^partya(kihe^«i viatfaeCEQAandSB 18pro(%ss^. To omiie a C(»Dptete IBKI iBMfispi^ iBida^ regffinding tibe pK^ec^Km of liKse laiwtera ie»HBi^ 1 of 3 }fel Vemon Carmen Mojado SaretaryefGooammtU Rdatkm CliBziotte HecnexB Searebayaftks Tramry | TonBeitnai Secretary of Economic AlOttda Secretary ofTrdf^d EtMcs; ar^b^fma^on Clara Gu^ TTfiii.. 1.-1 . ' Hfiniy vjjntreras CEnmdZAfoBier David Herrera Maiy Loo Bdtnm Cotmcit Member CanieU^ez Merri Lopez, Esq. Tribe Lrgcd Advnsor SAN LUIS REY BAND of Mission Indians J xeqpests that die fiidkividta^ ooaifitioasfiviffKoiitegtfKpxfi^ HeDev^pcarBniat be required to sidxmt written pnxrf of these reqairanetits before the pexmit natay beamed. L TbBJkivdBfiaiBmttssBai^ea.f^^ ^Bmijaattam^Smmd'-^iiia^^ site. Thff ^pwffiw^tf yfn, <tf fyiiniiiwHHj failfflip tfy frllo^^g Contact infoRcuUion 1889 Scnset Drive Vista. CA 92081 Tel: (760) 72+-8305 Fax: {7ft0) 734-2172 A. Rcquife appropriate treatmert of human lemains and nihnral ttems. B. Require a good Mth efifoit by tite parties to agree on what isiii^fiaia§KutehvMawAaBidS^^ seeo««cd €be |ptai&9 pRMX» be BaBKLafldabtcimttBdkafeciayafeseatdieerot^ wrttten c(»i9eott of tte l&mdL arefaae^^p^ siM "ii^iit iBi^ be foiB^ iieveiopBaL Am^^oeisttepRteBdiixidiodof E. Ris^isl'UnvAaKEbaanMxril^ ^(MDd-^bi&allQg activttks. F. Provide for the omqpensatiOT of tribdoKHMtors at the raqpease of AB Devi^q^. 2. Addttiaia%,tteBaidi«qaB^1hst]tii^ added as a aamdatsxy requircmeot, in addition to any archaeological monitoa- required by state law. With these ciarificatioi:^ ttK San Luis Rey Band believes tt»t the mitigati(Xi nseasures described above will provide adkxiuate protection fir the cultnnad resources and human renKom that miqr be disco TlKEtendintcsKfatocarefiilfymOTntCKthisPn^toeiJ^ imposed by CEQA and SB 18 aie rigorously ap|dicdf(KAedurati<Hi ofthe Project. Page 2 of 3 SAN LUIS RE Y BAND of Mission Indians Mel Vemon The Band tnriv mwBciates Ae oonMnitinfflit of THA r^Vv nf rprisha^ ^^^f**^ ________ to ciHiltaieaHi^^ We I kx^ fia^viri to cooixmm^ tins poaiN« retetioosi^ CannenKfopdo i^i^Bicein{m}te(^B%oia-Bn^^ia^lAibGSoa^ SaytUanfefGegxmmenty ^^^^ Sincady, ChariotteHenea '^'k/ C Secretmyf^HvilfrtttmayX Mel Vemon TcBB Bedtran I ^ LIBB Rey Baid c^K&^m hidiaas Scorgfary <^£comwoc Deoelopinent AlGerda Searetary ef Tribal EOdcs j 0203 Guy Tribal Elder HmayOmtKriB CouncUManber Maiy Loa BeJtran CouncS h^ndfer Carrie Lopez TrflifliAift^ca- Merri Lopez; Esq. Tribe Le^ Advisor Contact mfariRiUi<m 1889 Suisei Drive Vista, CA92fKl Tel; (760) 724-85(13 Fax:(760)724-2172 Rcrised:OlVS • P^3of3 w. V ICARLSBAD Planning Division www.carlsbadca.gov November 24, 2010 Toni Ross California Coastal Commission 7575 Metropolitan Drive , Suite 103 San Diego CA 92108-4421 RE: CDP 10-14 - POINSETTIA PLACE BORROW SITE (APN 215-020-07-00) Dear Toni, I am sending this letter to you in an effort to provide you with a better description ofthe proposed Minor Coastal Development Permit CDP 10-14. The project location is of course as shown on the attached air photo. The area of dirt removal is entirely within an area that has been disturbed. The extent ofthe grading to remove the dirt for transport to another site does not include any area that contains sensitive habitat per the City's HMP nor is there any Environmentally Sensitive Habitat Area (ESHA) perthe Local Coastal Program. The borrow site is located within the Maldonado Property which is identified in the HMP as another parcel with specific habitat protection standards. Accordingly the borrow site is limited to the western half of the property and concentrated within the future Poinsettia Lane extension area. The borrow site is limited to property that is already disturbed and no impacts will occur to pak woodland or riparian. The applicant for the borrow site is Dave Jacinto who the owner/developer of the project located on the adjacent property to the north. His CDP was approved by the City of Carlsbad and the associated LCPA approved by the California Coastal Commission in 2007. The proposed borrowed dirt would be used to implement that project. If you should have any questions, give me a call at (760) 602-4614. IRISTER WESTMAN, AICP Senior Planner 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® 4*^^ CTY OF (CARLSBAD Planning Division FILE COPY www.carlsbadca.gov October 8, 2010 Sierra Linda Development Attn: Dave Jacinto 219 Meadow Vista Way Encinitas, CA 92024 SUBJECT: CDP 10-14/HDP 10-04/HMP 10-02 - POINSETTIA PLACE (BORROW SITE) Before the Planning Director can make a decision on your application, the City must perform public noticing as required in Section 65091 of the California Government Code. The required noticing materials must be received by October 31, 2010. If the materials are not received by this date, processing of your application will be delayed. Furthermore, your application could expire if noticing is not performed within the time limits allotted under the Permit Streamlining Act. Please submit the following information needed for noticing and sign the enclosed form: 1. Owners List - a typewritten list of names and addresses of all property owners within a 100 foot radius of the subject property, including the applicant and owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessor's rolls. 2. Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 100 foot radius of the subject property. For any address other than a single family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt. Courier New 11 pt, MS Line Draw 11 pt. Sample labels are as follows: ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 ACCEPTABLE (with APN) 209-060-34-00 MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. Radius Map - a map to scale not less than 1" = 200' showing all lots completely and partially within 100 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CDP 10-14/HDP 10-04/HMr-fO-02 - POINSETTIA PLACE October 8, 2010 Page 2 4. Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, CHRISTER WESTMAN Senior Planner CW:sm Attachment c: File I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NUMBER AND NAME APPLICANT OR APPLICANT'S REPRESENTATIVE BY_ DATE RECEIVED BY DATE C'TY OF VXARLSBAD Planning Division KcaleJl It) 10 www.carlsbadca.gov October 6, 2010 Dave Jacinto Sierra Linda Development 219 Meadow Vista Way Encinitas CA 92024 SUBJECT: CDP 10-14 - POINSETTIA PLACE- CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: 1. The project is exempt from the provisions of CEQA, pursuant to CEQA Minor Alterations to Land Section 15304. No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner In the amount of $50.00 made out to the San Diego County Clerk. For additional information related to this CEQA applicability/process determination, please contact the project planner, Christer Westman, at (760) 602-4614 or christer.westman@carlsbadca.gov. Sincerely DON NEU, AICP Planning Director DN:CW:bd c: Chris DeCerbo Steve Bobbett ^ile Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-502-4600 F 760-602-8559 ® 4' CITY OF •'^ CARLSBAD Planning Division www.carlsbadca.gov July 21, 2010 Dave Jacinto Sierra Linda Development 219 Meadow Vista Way Encinitas CA 92024 SUBJECT: 1st REVIEW FOR CDP 10-14/HDP 10-04/HMP 10-02 - POINSETTIA PLACE (BORROW SITE) Thank you for applying for Land Use Pennits in the City of Carlsbad. The Planning Division has reviewed your Coastal Development Pennit, Hillside Development Permit, and Habitat Management Plan Permit, applications no. CDP 10-04/HDP 10-04/HMP 10-02, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or othenwise supplement the basic infonnation required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. At this time, the City asks that you provide four (4) complete sets of the development plans so that the project can continue to be reviewed. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Christer Westman, at the phone number listed below to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Planning Division comments: Christer Westman, Senior Planner, at (760) 602-4614. • Engineering Department comments: Steve Bobbett, Associate Engineer - Land Development Engineering, at (760) 602-2747. • Fire Department comments: Mike Davis, Fire Inspections, at (760) 602-4661. Sincerely, CHRISTER WESTMAN Senior Planner CW:bd c: Don Neu, City Planner Steve Bobbett, Project Engineer Principal Planner, Chris DeCerbo File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 1 760-602-4600 F 760-602-8559 ® /HMP 10-02 - POINSETTIA PLACE (BORROW SIT CDP 10-14/HDP 10-04/HMP 10-02 - POINSETTIA PLACE (BORROW SITE) July 21, 2010 Page 2 ISSUES OF CONCERN Planning: 1. The majority of the borrow site is cleariy within an area that has been and is still being used for agricultural production. As such, there are no environmental concerns. There is a small area adjacent to the property line that may have some native vegetation. Please verify the extent or nonexistence of habitat within the project disturbance area. 2, The area of borrow is within the Coastal Zone. Disturbance of active agriculture within the Coastal Zone requires the payment of an Agricultural Mitigation Fee. Engineering: Please revise the site plan as follows: 1. Provide for a desiltation basin at the east end of the proposed borrow site. 2. Revise the haul route to show the grading and contours required to access the borrow site from the project site. 3. Revise the haul route to provide for access to the desiltation basin from the end of the proposed on-site core improvements of Poinsettia Lane, across and along the future fill area, and across the proposed borrow site for maintenance ofthe basin. 4. Revise the limit of disturbance line and the area of the total area of disturbance to exclude the future fill area but to include the disturbance required by the construction of the desiltation basin and the haul route/maintenance road. 5. Add a typical section of poinsettia Lane showing the proposed limit of excavation relative to the future top of pavement, top of curb, sidewalk and parkway elevations for the future ultimate Poinsettia improvements. RESOURCE BALANCE iL: RESOURCE BALANCE, INC. 313 Glen Creek Drive, Suite 100 Bonita, California 91902-4279 (619) 992-3395 Steve@ResourceBalance.com BIOLOGICAL RESOURCES ASSESSMENT FOR POINSETTIA LANE EXTENSION ON APN NO. 215-020-07 May 1,2010 1.0 INTRODUCTION This report describes existing biological conditions and the absence of impact to biological resources within the proposed extension of Poinsettia Lane across parcel APN No. 215-020-07. The information herein is provided to the City of Carlsbad (City) to identify and assess the project impacts under the federal and state Endangered Species Acts (ESAs), Sections 401 and 404 of the Clean Water Act, Califomia Environmental Quality Act (CEQA), Section 1602 of the Califomia Fish and Game Code, and Natural Communities Conservation Planning (NCCP) program. 1.1 PROJECT LOCATION The approximately 20-acre parcel (Assessor's Parcel Number 215-020-07) is located at the eastem terminus of Poinsettia Lane immediately south of Cassia Road approximately 0.5 mile south of Palomar Airport Road and 0.25 mile west of El Camino Real in central Carlsbad. This project is in the northeast comer of the U.S. Geological Survey 7.5-minute Encinitas quadrangle Section 7, Range 4 West, Township 12 South (Figure 1). More speciflcally, it is located at 33°06'38.32" N latitude and 117°16'36.55" W longitude. 1.2 PROJECT DESCRIPTION The proposed project is the extension of Poinsettia Lane from the northem boimdary to the southem boundary of the site. The limit of disturbance is approximately 4 acres (Figure 1 and Sheet 1). 1.3 BIOLOGICAL RESOURCES AND EFFECTS The subject site is in active agricultural use (Figure 1). There is a small strip of nadve vegetation along the eastem border of the parcel, far removed from the proposed road extension. The entire area that would be affected by the extension of Poinsettia Lane (Figure 1 and Sheet 1) is agriculture and contains no native vegetation community or habitat suitable to support native flora and fauna. The affected area contains neither native or naturalized habitat, nor listed or sensitive species. No sensitive plant or animal would be affected by the proposed construction of Poinsettia Lane. Job No: NEU-03 Dale: 04/30/10 i \.\rcGIS\B\BAf-Hy Pi>insclliaPlace\Map\F!gi_Veg.mxd -NM II[IIX Vegetation Map POINSETTIA LANE CONSTRUCTION ON APN 215-020-07 Figure 1 ».0.||l252J-2 R:\0161\IPLN\EXHIBITS\EX 23 POINStni* - GRADING.D»G Biological Resources Assessment Page 2 of 3 Poinsettia Lane Extension Across APN No. 215-020-07 May 1,2010 2.0 REGIONAL AND REGULATORY CONTEXT Laws and regulations that could potentially apply to the proposed project include the federal ESA, Clean Water Act, CEQA, Califomia Fish and Game Code, and NCCP (CDFG 1993). Under CEQA, impacts associated with a proposed project are assessed with regard to significance criteria determined by the CEQA Lead Agency (in this case, the City) and pursuant to State CEQA Guidelines. The following laws, ordinances, and regulations are potentially applicable to the project's resources. Laws and regulations that could potentially apply to the proposed project include the federal ESA, Clean Water Act, CEQA, Califomia Fish and Game Code, and NCCP (CDFG 1993). Under CEQA, impacts associated with a proposed project are assessed with regard to significance criteria determined by the CEQA Lead Agency (in this case, the City) and pursuant to State CEQA Guidelines. The following laws, ordinances, and regulations are potentially applicable to the project's resources. 2.1 FEDERAL ENDANGERED SPECIES ACT Administered by the USFWS, the federal ESA provides the legal framework for the listing and protection of species (and their habitats) identified as threatened with extinction or endangered. Actions that jeopardize such species and their habitats are considered a "take" under the federal ESA. Sections 7 and 10(a) of the federal ESA regulate actions that could harm or harass endangered or threatened species. Section 10(a) allows issuance of permits for "incidental" take of threatened or endangered species. The term "incidental" applies if the taking of the listed species is secondary to and not the purpose of an otherwise lawful activity. A conservation plan demonstrating how the take will be minimized and what steps taken would ensure the listed species' survival must be submitted for the issuance of Section 10(a) permits. Section 7 describes a process of federal interagency consultation for use when federal actions may adversely affect listed species. The affected area is entirely active agriculture and contains no habitat suitable to support any listed plant or animal species. No listed plant or animal species will be directly affected by this project. 2.2 CALIFORNIA FISH AND GAME CODE The Califomia Fish and Game Code regulates species listed as threatened or endangered under the Califomia ESA and impacts to rivers, streams, or lakes from which plants or wildlife derive benefit under Section 1602. CDFG jurisdiction includes all non-wetland streambeds. The project area does not contain any waters of the state and would not have any effect on streambeds. 2.3 NATURAL COMMUNITIES CONSERVATION PLANNING PROGRAMS Areas that support native or naturalized vegetation can play a role in regional conservation planning pursuant to the NCCP Act. The site does not contain any native ot naturalized habitat. The Multiple Habitat Conservation Program (MHCP) is a regional, comprehensive, jurisdictional planning program designed to develop an ecosystem preserve in the incorporated areas of northwestem San Diego County. Biological Resources Assessment Page 3 of 3 Poinsettia Lane Extension Across APN No. 215-020-07 May 1,2010 The overall goal of the plan is to "maintain biodiversity and ecosystem health in the region while maintaining quality of life and economic growth opportunities." The MHCP Plan was adopted by the San Diego Association of Govemments (SANDAG) in 2003. Within this plan, city-wide subarea plans describe the specific implementing mechanisms each city will institute for the MHCP. Carlsbad's Subarea Plan, the HMP, was approved in 2004. 2.4 CLEAN WATER ACT Discharge of fill into Waters of the U.S. is regulated by the Corps under Section 404 of the federal Clean Water Act. The Califomia Regional Water Quality Conttol Board (RWQCB) provides certifications under Section 401 of the Clean Water Act. Impacts to Corps jurisdictional wetlands will require a permit under Section 404 and a waiver or certification under Section 401 of the Clean Water Act. The affected area does not contain any waters ofthe U.S. or waters of the state and no aquatic resource pennit or agreement is required. 2.5 CITYOFCARLSBAD The Multiple Habitat Conservation Program (MHCP) is a regional, comprehensive, jurisdictional planning program designed to develop an ecosystem preserve in the incorporated areas of northwestem San Diego County. The overall goal of the plan is to "maintain biodiversity and ecosystem health in the region while maintaining quality of life and economic growth opportunities." The MHCP Plan was adopted by the San Diego Association of Govemments (SANDAG) in 2003. Within that plan, city-wide subarea plans describe the specific implementing mechanisms each city will institute for the MHCP. Carlsbad's Subarea Plan, the HMP, was approved in 2004. The City Habitat Management Plan (HMP) was adopted by the City (2004), and received final approval by the USFWS and CDFG in December 2004. The HMP provides property owners with take authorizations for HMP- covered listed species. The HMP addresses potential impacts to native species and habitats (and some non-native habitats) and provides mitigation options that satisfy the federal and state ESAs. The primary objective of the HMP is to preserve the diversity of habitat and protect sensitive biological resources within the City while allowing for additional development. The plan identifies and maintains a preserve system that allows for the sustained existence of animals and plants at both the local and regional levels. The HMP preserve is a network of large habitat blocks with interconnecting linkages. The project site is not in a hard-line preserve area with take authorization previously granted but lies within Core Area 6 and LFMZ 21 and subject to conservation goals and standards contained within the HMP. The proposed project is consistent with HMP policy because it would not affect any biological resources including sensitive animals and narrow endemic plant species. The project would not have any significant impact to regional preserve design since construction is limited to the approved circulation element road. 3.0 CONCLUSION The proposed extension of Poinsettia Lane across APN No. 215-020-07 would not affect any native and naturalized habitat, listed or sensitive plant or animal species, or waters ofthe U.S. or state. Since the proposed extension of Poinsettia Lane across APN No. 215-020-07 would not affect any of those resources, no natural resource or aquatic resource permit or authorization is required for the project to proceed following authorization under the Califomia Environmental Quality Act and all required City of Carlsbad permits.