HomeMy WebLinkAboutCT 02-28x1; La Costa Condominiums; Tentative Map (CT) (31)Notice of Determination 013988
To. IXI Office of Planning and Research
P O. Box 3044
Sacramento, CA 95812-3044
^ SD County Clerk
Atttr Anthony J Consul
Mail Stop A-33
1600 Pacific Highway
San Diego, CA 92101
Project No: CT 02-28X1/SDP 03-18X1/CP 02-1
Filing of Notice of Determination in complia
Resources Code.
LA COSTA CONDOMINIUMS
From CITY OF CARLSBAD
Planning Department
I 1635 Faraday Avenue
| Carlsbad, CA 92009
(760) 602-4600 @
Gregory J.~ Smith,'
FEB 16 Z00?
or 21152 of the Public DEPUTf
Project Title
City of Carlsbad, Jason Goff (760) 602-4643
State Clearinghouse No.Lead Agency, Contact Person Telephone Number
South side of La Costa Avenue, east of El Camino Real, west of Nueva Castilla Way, Carlsbad, CA, San
Diego County
Project Locations (include County)
Name of Applicant: Calso, LLC
Applicant's Address: 2683 Costebelle Avenue, La Jolla, CA 92037
Applicant's Telephone Number: (858) 453-4575
Project Description: Request for adoption of an Addendum to a previously adopted Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program, approval of a retroactive two
year time extension of Tentative Tract Map (CT 02-28), Site Development Plan (SDP 03-18),
Condominium Permit (CP 02-13), and Hillside Development Permit (HDP 02-14), and approval of a
Habitat Management Plan Permit (HMPP 06-06) for a 58-unit residential airspace condominium project.
This is to advise that the City of Carlsbad has approved the above described project on February 21, 2007,
and has made the following determination regarding the above described project
1 The project will not have a significant effect on the environment
2. This project was reviewed previously and a Mitigated Negative Declaration was prepared
pursuant to the provisions of CEQA
3 Mitigation measures were made a condition of the approval of the project.
4 A mitigation reporting or monitoring plan was adopted for this project.
5 A statement of Overriding Considerations was not adopted for this project
6 Findings were made pursuant to the provisions of CEQA
This is to certify that the final Mitigated Negative Declaration and Addendum with comments and
responses and record of project approval is available to the General Public at THE CITY OF
CARLSBAD * FILED IN THE OFFICE OF THE COUNTY CLERK
y (QJJSanDieoCounjon FE6 2fi 2
nONNF.n Assistant Planning Direr.tnr POStedlEk 2" ^M
Returned to agency on
Date received for filing at OPR. Deputy -j
Removed MAk Z 6 2ufl7
MAR 2 6 2007
67
/
Date
Revised December 2004
STATE OF CALIFORNIA -1WRESOURCES AGENCY
DEPARTMENT OF FISH AND GAME
ENVIRONMENTAL FILING FEE CASH RECEIPT
DFG 753 5a (8-03)
CITY OF CARLSBAD
279175
Lead Agency
County/State Agency of Filing SAN DIEGO
Date 02/26/2007
Document No 13988
Project Title LA COSTA CONDOMINIUMS
Project Applicant Name CALSO, LLC
Project Applicant Address
Phone Number (858) 453-4575
2683 COSTEBELLE AVENUE, LA JOLLA, CA 92037
Project Applicant (check appropriate box) Local Public Agency [/] School District Q Other Special District |~~|
State Agency | [ Pnvate Entity | |
CHECK APPLICABLE FEES.
( ) Environmental Impact Report
( ) Negative Declaration
( ) Application Fee Water Diversion (State Water Resources Control Board Only)
( ) Projects Subject to Certified Regulatory Programs
(/) County Administrative Fee
(/) Project that is exempt from fees
Signature and title of person receiving payment
WHITE - PROJECT APPLICANT YELLOW-DFG7FASB
$2,50000 $
$1,80000 $
$85000 $
$85000 $
$5000 $5000
ECEIVED $ 50 00
Deputy
GOLDENROD - STATE AGENCY OF FILING
State of California - The Resources Aaencv ARNOLD SCHWARZENEGGER. Governor
DEPARTMENT OF FISH AND GAME
hup //www.dfg. ca.gov
Environmental Review and Permitting
1416 Ninth Street, Suite 1260
Sacramento, California 95814
CEQA Filing Fee No Effect Determination Form
Applicant Name: Calso, LLC Date Submitted: February 22, 2007
Applicant Address: 2683 Costebelle Avenue, La Jolla, CA 92037
Project Name: La Costa Condominiums
CEQA Lead Agency: City of Carlsbad
CEQA Document Type: (ND, MND, EIR): 2007 Addendum to a 2004 Mitigated Negative
Declaration
Local agency ID number: CT 02-28X1/SDP 03-18X1/CP 02-13X1/HDP 02-1 4X1 /HMPP 06-06
Project Location: South side of La Costa Avenue, east of El Camino Real, west of Nueva
Castiila Way, Carlsbad, CA - County of San Diego
Brief Project Description: A retroactive two year time extension for a previously approved
Tentative Tract Map (CT 02-28), Site Development Plan (SDP 03-18), Condominium Permit (CP
02-13), and Hillside Development Permit (HDP 02-14), approval of Habitat Management Plan
Permit (HMPP 06-06) and adoption of an addendum to a previously adopted Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program to develop a 58-unit residential
condominium project The 2 year time extension does not change the original project for which
a Notice of Determination (NOD) was filed and a Department of Fish and Game Environmental
Filing Fee was paid on June 6, 2004 Attached are copies of the original NOD and DFG
Environmental Filing Fee Receipt No 239856 verifying these actions
Determination: Based on a review of the Project as proposed, the Department of Fish and
Game has determined that for purposes of the assessment of CEQA filing fees [F&G Code
71 1 4(c)] the project has no potential effect on fish, wildlife and habitat and the project as
described does not require payment of a CEQA filing fee This determination does not in any
way imply that the project is exempt from CEQA and does not determine the significance of any
potential project effects evaluated pursuant to CEQA.
Please retain this original determination for your records, you are required to file a copy of this
determination with the County Clerk after your project is approved and at the time of filing of the
CEQA lead agency's Notice of Determination (NOD) If you do not file a copy of this
determination with the County Clerk at the time of filing of the NOD, the appropriate CEQA filing
fee will be due and payable
Without a valid No Effect Determination Form or proof of fee payment, the project will not be
operative, vested, or final and any local permits issued for the project will be invalid, pursuant to
Fish and Game Code Section 71 1 4(c)(3)
DFG Approval By
Title £/ls/i rs, \^A in U I S-fj
Date 2-23-2^1
Conserving Cdtiforma's 'WitdCife Since 1870
City of Carlsbad
ADDENDUM TO THE
MITIGATED NEGATIVE DECLARATION FOR
LA COSTA CONDOMINIUMS
CT 02-28. SDP 03-18. HDP 02-14. CP 02-13
The purpose of this Addendum to the adopted Mitigated Negative Declaration (approved April
City Council Resolution No. 2004-096,) is to describe revisions to the Mitigation Monitoring^
Reporting Program as a result of the adoption of the City of Carlsbad's Habitat Management Plan (HMP),
and to state the determination that this revision does not create any new significant environmental effects,
that none of the conditions contained in Section 15162 of the California Environmental Quality Act
(CEQA) have occurred, and that a subsequent Mitigated Negative Declaration is not required.
Subsequent to the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program for this project, the City of Carlsbad Habitat Management Plan was adopted. The
adopted HMP is a comprehensive plan to protect native plant and animal species and their habitats by the
creation of a citywide, regional habitat preserve system. In return, impacts to native habitats outside the
citywide, regional preserve system boundaries are allowed. The native habitat contained on this project site
is not a part of, or of any biological value to the HMP citywide regional habitat preserve system, and will
not jeopardize the existence or survival of any rare, threatened or endangered plant or animal species. The
revision contained in this addendum eliminates Mitigation Measures 4, 5, and 6 from the Mitigation
Monitoring and Reporting Program, and replaces them with the following mitigation measure: Prior to the
recordation of the Final Map or issuance of a grading permit, whichever occurs first, the applicant shall
pay habitat in-lieu mitigation fees consistent with the HMP and the biological report as follows, Group D:
1.12 acres of unoccupied coastal sage scrub/mixed chaparral; Group E: 2.5 acres of annual (non-native)
grassland; and Group F: 2.07 acres of disturbed lands. This revision is not considered substantial or
significant as it relates to the environmental effects associated with the project or the conditions contained
in Section 15162 of CEQA.
When City staff completed the initial environmental impact assessment for the adopted Mitigated Negative
Declaration, the Habitat Management Plan was in its draft form. The analysis prepared by Affinis
Environmental Services appropriately categorized the biological habitats on-site into four categories:
Landscaped (2.7 acres), Disturbed (3.6 acres), Non-Native Grassland/Landscaped (0.6 acres), and Non-
occupied Coastal Sage Scrub/Mixed Chaparral (1.1 acres). With the adoption of the HMP, it has now been
determined that the project site (and the general area) is not identified as either an existing or proposed
HMP Hardline or Standards Preserve Area and is not a part of the ultimate Preserve System. As such, the
HMP habitat in-lieu mitigation fees for Habitat Types "D," "E," and "F" would apply, and it is no longer
necessary to, 1) consult with the United States Fish & Wildlife Service regarding impacts to the project and
permits, 2) stake and flag the lower boundary of the coastal sage scrub/mixed chaparral habitat prior to
grading, and 3) acquire mitigation credits in a pre-approved mitigation bank. This revision does not create
any new significant environmental effects, nor does it cause any of the conditions contained in Section
15162 of the California Environmental Quality Act (CEQA) to occur, and a subsequent Mitigated Negative
Declaration is not required.
Date:Don Neu
Acting Planning Director
1635 Faraday Avenue » Carlsbad, CA 92008-7314 « (760) 602-4600 » FAX (760) 602-8559 » www.ci.carlsbad.ca.us
Page 1 of 2
PROJECT NAME- La Costa Condominiums
APPROVAL DATE February 21. 2007
FILE NUMBERS. CT 02-28X1. SDP 03-18X1. CP 02-13X1. HDP
02-14X1 . HMPP 06-06
The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate
identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that
this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly
Bill 3180 (Public Resources Code Section 21081.6).
Mitigation Measure , Monitoring Type Monitoring
Department
Shownon
Plans
Verified
Implementation Remarks
Mitigation required to achieve the required 60 dBA CNEL
exterior noise standard includes a 5.5 foot high solid
noise wall located along La Costa Avenue. The wall
shall be located at the top of slope. The wall may be
constructed stud, stucco, 3/8-inch plate glass, any
masonry material or a combination of these materials.
The wall must have a surface density of at least 3.5
pounds per square foot and shall have no openings and
gaps.
Plan check -
Prior to issuance
of a building
permit
Building/
Planning
Yes
2. Mitigation required to achieve 60 dBA CNEL exterior
noise standard for the third floor balconies for units
located along La Costa Avenue includes a solid five-foot
high noise barrier (relative to the balcony floor). The
barrier must have a surface density of at least 3.5
pounds per square foot and shall have no openings and
gaps. The barrier may be constructed of stud, stucco,
3/8-mch plate glass, any masonry material or
combination of these matenals.
Plan check -
Prior to issuance
of a building
permit
Building/
Planning
Explanation of Headings-
Type = Project, ongoing, cumulative
Monitoring Oept. = Department, or Agency, responsible for monitoring a particular
mitigation measure
information
Shown on Plans = When mitigation measure is shown on plans, this column will be
initialed and dated
Verified Implementation = When mitigation measure has been implemented,
this column will be initialed and dated
Remarks = Area for describing status of ongoing mitigation measure, or for other
RD - Appendix P
Page 2 of 2
Mitigation Measure
3. Mechanical ventilation shall be provided for the units
facing La Costa Avenue as specified in the acoustical
analysis prepared for this project by Mester Greve
Associates on May 3, 2002, to achieve 45 dBA CNEL
interior noise level. Prior to issuance of a building
permit, the developer shall submit a supplemental
acoustical analysis from the acoustical consultant stating
that the architectural plans have been designed in
compliance with the recommendations stated in the
acoustical report
4 The applicant shall pay habitat in-lieu mitigation fees
consistent with the Habitat Management Plan (HMP) and
the Biological Confirmation Analysis (dated September
7, 2006) as follows, Group D: 1.12 acres of unoccupied
coastal sage scrub/mixed chaparral; Group E: 2.5 acres
of annual (non-native) grassland; and Group F: 2.07
acres of disturbed lands.
Monitoring Type
Plan check -
Prior to issuance
of a building
permit
Prior to
recordation of
Final Map, or
issuance of a
grading permit,
whichever shall
occur first.
Monitoring
Department
Building/
Planning
Planning
Shown on
Plans
Verified
Implementation Remarks
Explanation of Headings
Type = Project, ongoing, cumulative
Monitoring Dept = Department, or Agency, responsible for momtonng a particular
mitigation measure
information
Shown on Plans = When mitigation measure is shown on plans, this column will be
initialed and dated
Verified Implementation = When mitigation measure has been implemented,
this column will be initialed and dated
Remarks = Area for describing status of ongoing mitigation measure, or for other
RD - Appendix P