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HomeMy WebLinkAbout2009-07-15; Planning Commission; ; GPA 06-04|LCPA 06-02|ZC 06-03|CT 06-13|SUP 06-08| HDP 07-03|CDP 06-19 - TABATA 10The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: July 15, 2009 Item No. 0 Application complete date: July 17, 2008 Project Planner: Corey Funk Project Engineer: Tecla Levy SUBJECT: GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/ HDP 07-03/CDP 06- 19 -TABATA 10 -Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Local Coastal Program Amendment and Zone Change; and a request for approval of a Tentative Tract Map, Special Use Permit, Hillside Development Permit and Coastal Development Permit for the subdivision, grading and utility development of a 10.16-acre site into twenty six (26) single-family residential lots and one (1) open space lot, on property generally located at the north-east end of Camino Hills Drive along the west side of El Camino Real within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 24. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6601 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6602, 6603, and 6604 RECOMMENDING APPROVAL of General Plan Amendment GPA 06-04, Local Coastal Program Amendment LCPA 06-02, and Zone Change ZC 06-03, and ADOPT Planning Commission Resolutions No. 6605, 6606, 6607, and 6608 APPROVING Tentative Tract Map CT 06-13, Special Use Permit SUP 06-08, Hillside Development Permit HDP 07-03 and Coastal Development Permit CDP 06-19, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project includes a General Plan Amendment (GPA), Local Coastal Program Amendment (LCPA), Zone Change (ZC), Tentative Tract Map (CT), Special Use Permit (SUP), Coastal Development Permit (CDP) and Hillside Development Permit (HDP) to allow for the subdivision, grading and construction of utilities for a vacant 10.16-acre project site (APNs 212- 050-32 and -33) located at the north-east end of Camino Hills Drive along the west side of El Camino Real within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 24. The subdivision of land will result in 26 single-family residential lots for the future development of single-family homes and one open space lot for purposes of providing a sound berm, aesthetic/physical buffering from El Camino Real and a landscaped amenity area. Associated street and utility improvements are also proposed; however, no homes are proposed at this time. Future construction of single family homes on the proposed lots as a single project will require .">: t./ GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 -TABATA 10 July 15, 2009 Pa e2 applications for a Coastal Development Permit and a Special Use Permit due to the open space lot fronting on El Camino Real. The GP A and ZC are legislative actions that require a recommendation of the Planning Commission to the City Council for approval. The LCP A is also a legislative action that requires a recommendation of the Planning Commission to the City Council for approval; however, is not effective until it is certified by the California Coastal Commission (CCC). The CT, SUP, HDP and CDP are within the purview of the Planning Commission. The project has been reviewed for environmental impacts and no unmitigable significant impacts were found. As designed and conditioned, the project is consistent with all applicable standards and policies, and the necessary findings to approve the project can be made. III. PROJECT DESCRIPTION AND BACKGROUND The Tabata 10 project is located on a 10.16-acre site at the north-east end of Camino Hills Drive along the west side of El Camino Real within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 24. The site slopes downward from south-west to north- east toward El Camino Real with approximately 76 feet of elevation change. The highest point of the site is located at the top of an on-site manufactured slope created by the development of the Camino Hills mobile home neighborhood, and the lowest point of the site is adjacent to El Camino Real. On-site slopes range from mild (5%) to steep (in excess of 40%) with the steepest portions of the site on the manufactured slope adjacent to the Camino Hills mobile home neighborhood and the manufactured slopes along the bottom of a knoll located along Camino Hills Drive at the north end of the project site. The site is previously disturbed through agricultural operations and contains 7.7 acres of disturbed habitat, 0.9 acres of Non-native Grassland (NNG), 0.3 acres of Eucalyptus Woodland, 1.2 acres of developed area and less than 0.04 acres of landscaped area. No sensitive plant species were found on the property. Surrounding land uses include a golf course and single family homes to the north, the Camino Hills mobile home neighborhood to the south, a vacant commercially designated property to the east, and open space and single family homes to the west. The project site has an existing General Plan Land Use Designation of Residential Low-Medium Density (RLM), which allows low to medium density residential development (0 to 4 du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac, and Open Space (OS). The site is zoned Limited Control (L-C), which precludes most development until planning for future land uses has been formalized. The proposed project includes a General Plan Amendment, Local Coastal Program Amendment, Zone Change, Tentative Tract Map, Special Use Permit, Hillside Development Permit and Coastal Development Permit to allow for the subdivision of the property into 26 minimum 7,500 square feet single-family residential lots and 1 (1.7 acre) common open space lot, project grading and utility construction. The GP A is proposed to rectify a previous General Plan mapping error (see Analysis section A. "General Plan" on page 3 of this report) by re-designating the southwest one-third of the project site from OS to RLM, and will amend the Land Use Element and Open Space & Conservation Element of the General Plan by removing the OS designation from the Land Use Map and Open Space & Conservation Map. The ZC will change the zoning for the GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 -TABATA 10 July 15, 2009 Pae 3 entire project site from L-C to R-1. The LCPA is required to reflect the new R-1 designation on the Local Coastal Program Zoning Map. The project site will be subdivided into 27 separate lots. Lots 1 -26 are single-family residential lots ranging in size from 7,500 square feet to 20,299 square feet. Parcel 27 is a 1.7 acre open space lot which separates the residential lots from El Camino Real. Parcel 27 will be fully landscaped, contains a contoured berm to provide sound attenuation for the lots, will provide a physical buffer for the residential lots from El Camino Real, and will provide visual relief for the El Camino Real scenic corridor from the development. Parcel 27 will also provide a grassy amenity area for the project and contains a pedestrian access trail from Camino Hills Drive to El Camino Real. Street access will be provided in a new rectangular-shaped looping street that connects to the existing Camino Hills Drive, and all of the proposed lots will take access from this new public street. Except for the berm, the project grading is proposed to terrace down toward El Camino Real in order to preserve the topographic integrity of the existing hillside property. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. Carlsbad General Plan Residential Low-Medium Density (RLM) and Open Space (OS) Land Use designation regulations; B. One Family Residential (R-1) Zone (Chapter 21.10 of the Carlsbad Municipal Code); C. Subdivision Map Act and City of Carlsbad Subdivision Regulations (Title 20 of the Carlsbad Municipal Code); D. Inclusionary Housing (Chapter 21.85 of the Carlsbad Municipal Code); E. Mello II Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203); F. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code); G. City Council Policy No. 66 (Principles for the Development of Livable Neighborhoods; H. S-P (Scenic Preservation) Overlay Zone and El Camino Real Corridor Development Standards; I. Habitat Management Plan (HMP); and J. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Zone 24 Local Facilities Management Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in the sections below. A. General Plan The General Plan Land Use designation for the project site is Residential Low-Medium Density (RLM) and Open Space (OS). The RLM designation allows low to medium density residential development (0 to 4 du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac. According to the constraints analysis used for density calculations, 27.42 dwelling units could be GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 -TABATA 10 July 15, 2009 Pae 4 located on the site based on 8.57 net developable acres. A total of 26 dwelling units at a density of 3 .03 du/ac is proposed. The project is consistent with the City's General Plan since the proposed density of 3.03 du/ac is within the RLM density range of 0-4 du/ac as specified for the site. The project's proposed density of 3.03 du/ac is below the Growth Management Control Point density (3.2 du/ac) used for the purposes of calculating the City's compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City's Certified Housing Element, all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. Accordingly, 1.42 dwelling units will be deposited in the excess dwelling unit bank. To develop the property, a General Plan amendment is necessary to remove the Open Space land use designation. The OS land use designation on the Tabata property (APN 212-050-33) resulted from a mapping error that occurred during the mapping process for the Open Space & Conservation Resource Management Plan. The OS designation on APN 212-050-3 3 instead belongs on an area of land dedicated to the City as open space by the Camino Hills mobile home neighborhood when it was developed. Through the Carlsbad Habitat Management Plan mapping process (GPA 05-12/LCPA 05-08/ZC05-11 -HMP Hardline GPA), this OS designation was correctly applied to the open space land originally dedicated to the City by the Camino Hills mobile home neighborhood development, but was not removed from the Tabata property. Furthermore, the OS area on the Tabata property consists of disturbed former agricultural land and manufactured slopes and does not provide any habitat resource or other open space value. This action (GP A 06-04) will resolve this mapping error by removing the OS designation from the Tabata property and replacing it with an RLM designation which will match the RLM designation on the remainder of the Tabata property and the adjacent properties. The proposed R-1 Zoning designation is consistent with and implements the RLM General Plan land use designation in that the RLM designation allows one-family dwellings at a density range of 0-4 du/ac, and the R-1 Zone allows one-family dwellings with lot sizes that result in a project density that falls within the RLM range. The project complies with Elements of the General Plan as outlined in Table 1 below. GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 -TABATA 10 July 15, 2009 Pae 5 ELEMENT Land Use TABLE 1 -GENERAL PLAN COMPLIANCE USE, CLASSIFICATION, PROPOSED USES & COMPLIANCE GOAL, OBJECTIVE, OR IMPROVEMENTS PROGRAM Site 1s designated for 26 Single-family units and Yes Residential Low-Medium result in a density of 3.03 Density (RLM; 0-4 du/ac du/ac. with a GMCP of 3.2 du/ac) Evaluate each application for Landscaping on the Yes development for site design existing perimeter slope quality which may be will be preserved, and indicated by the amount and substantial new character of landscaping and landscaping will be planted screening. on the open space lot and along the project streets. Evaluate each application for The project will install Yes development for the sidewalks, a bus stop along provision of safe, easy El Camino Real, and a pedestrian and bicycle pedestrian connection from linkages to nearby the project to El Camino transportation corridors. Real (adjacent to the bus stop). Housing A minimum of 15% of all The project has been Yes units approved m Master conditioned to either Plan communities shall be purchase 5 inclusionary affordable to lower income housing credits from a households. combined inclusionary housing project located in the NW Quadrant, or provide 5 on-site affordable second dwelling units. Open Space & Utilize Best Management The project will conform to Yes Conservation Practices for control of storm all NPDES requirements. water and to protect water quality. No net loss of OS The General Plan OS Yes designation is a mapping error and not subject to the requirement to replace the acreage in-kind. GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 -TABATA 10 July 15, 2009 Pae 6 ELEMENT Noise TABLE 1 -GENERAL PLAN COMPLIANCE CONTINUED USE, CLASSIFICATION, PROPOSED USES & COMPLIANCE GOAL, OBJECTIVE, OR IMPROVEMENTS PROGRAM Residential exterior n01se standard of 60 CNEL and interior noise standard of 45 CNEL. A project specific noise study for the Tentative Map identified that an interior noise assessment to determine proper architectural treatments (i.e., specialized door and window treatments) be required for Lot 1 where the CNEL exceeds 45 dBA at the second story. The remainder of the project site, with the construction of the proposed sound berm, currently meets the internal 45 dB(A) CNEL and exterior 60 dB(A) CNEL noise standards. Yes Public Safety Reduce fire hazards to an The project will install new Yes Circulation acceptable level. fire hydrants consistent with Public Safety Requirements. Require new development to The project will construct Yes construct roadway public streets to serve the improvements needed to development. serve proposed development. Enhance and preserve the natural and developed environments along each designated scenic route. The landscaped and Yes contoured aesthetic berm will blend with existing slopes on adjacent properties to the north and south to add visual continuity for this area of El Camino Real, and will visually buffer the future homes from the roadway. Approve projects adjacent to Yes El Camino Real only if the See Section "H" of this proposed project 1s report. consistent with the El Camino Real Corridor Development Standards. GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 -TABATA 10 July 15, 2009 Pae 7 B. R-1 Single Family Residential Zone The project is required to comply with all applicable regulations and development standards of the Carlsbad Municipal Code (CMC) including the R-1 Zone (CMC Chapter 21.10). As summarized in Table 2 below, the project complies with all standards of the R-1 Zone. TABLE 2 -R-1 ZONE DEVELOPMENT STANDARDS COMPLIANCE Applicable R-1 Zonin2 Development Standards Standard Zone/Required Proposed Comply? Minimum 7,500 square feet 7,506 sq ft-20,299 sq ft Yes lot size Lot width 60 feet for lots up to 10,000 square 62 feet or greater Yes feet in size Though no homes are proposed with this application, the proposed lots have adequate area for building pads to accommodate single-family dwelling units that will meet all setbacks, lot coverage and have access to a publicly dedicated street. C. Subdivision Ordinance The Engineering Department has reviewed the proposed tentative map and has concluded that the 27 lot subdivision (26 single-family residential lots and one open space lot) complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. For the residential lots, all major subdivision design criteria have been complied with including the minimum lot depth of 90 feet, provision of public access, required street frontage, minimum lot area, and the design of the project so that individual residential lots do not have street frontage or access to circulation element roads. The project is conditioned to install infrastructure improvements concurrent with development. The developer will be required to off er various dedications ( e.g., drainage, public utility) and will be responsible for a number of public and private improvements, including street improvements for Camino Hills Drive and the proposed public streets that will serve the future lots. The project has been.designed in accordance with Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. D. Inclusionary Housing Ordinance The City's Inclusionary Housing Ordinance (Chapter 21.85) requires that a minimum of 15% of all approved units in any qualified residential subdivision be made affordable to lower income households. The inclusionary housing requirement for this project is 5 dwelling units. When feasible, the affordable units are required to be constructed onsite; however, the purchase of housing credits in an offsite combined inclusionary housing project within the same quadrant may be approved by the City Council. Currently there are no credits available for purchase in the Northwest Quadrant, so the applicant is proposing to develop second dwelling units (SDU); GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 -TABATA 10 July 15, 2009 Pae 8 however, if credits do become available, the applicant has requested the option of purchasing credits. Therefore, the project has been conditioned to purchase 5 credits in the Northwest Quadrant or develop 5 SDUs. Pursuant to Section 21.85.070 of the Inclusionary Ordinance, this request to satisfy Inclusionary Housing through the development of SDUs requires the approval of the City Council. E. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203); The project site is located in the Mello II Segment of the Local Coastal Program (LCP) which contains land use policies for development and conservation of coastal land and water areas within the Mello II segment boundaries. The project site is not located within the appeals jurisdiction area of the California Coastal Commission. The projects compliance with these programs and ordinances is discussed below. 1. Mello II Segment of the LCP The LCP Land Use Plan designates the subject site for Residential Low-Medium (RLM) density development which allows a density of 0-4 du/ac. The LCP zoning map designates the site as Local Control (L-C). As discussed above, the proposed Zone Change will bring the City's zoning map into conformance with the LCP zoning map. The project's proposed density (3.03 du/acre) is consistent with the LCP RLM Land Use Designation as previously discussed in section A of this report. The project site is a former farm but is not designated on Map X as a coastal agricultural resource and is not subject to the coastal agricultural preservation policies of the LCP. No sensitive habitat resources are located on the project site. The project is not located in an area of known geologic instability or flood hazard. No public opportunities for coastal access are available from the subject site and no public access requirements are conditioned for the project. Since the project is not located between the first public roadway and the ocean, the residentially designated site is not suited for water-oriented recreation activities and the development does not obstruct views of the coastline as seen from public lands or public right-of-way. 2. Coastal Resource Protection Overlay Zone The project site is located in the Coastal Resource Protection Overlay Zone. This overlay zone generally restricts the development of natural steep slopes of 25% or greater that contain endangered plant/animal species and/or Coastal Sage Scrub or Chaparral plant communities. However, the overlay zone allows development of natural steep slopes of 25% or greater that do not contain the above-noted sensitive habitat plants/animals, subject to specific findings. The majority of the site has been previously graded to allow agricultural activities. The upper portion of the existing knoll contains small areas of natural slopes that exceed 25% gradient, with manufactured slopes on the lower majority of the knoll. The slopes do not contain sensitive habitat. Development of the project requires the grading of the knoll, including the natural upper portion, which is allowed provided the findings can be made. The proposed project complies with all of the required findings of the Coastal Resource Protection Overlay Zone as illustrated in the Table 3 below. GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 -TABATA 10 July 15, 2009 Pae 9 TABLE 3 -COASTAL RESOURCE PROTECTION OVERLAY ZONE COMPLIANCE FINDING That a soils investigation be conducted to determine that the site slope areas are stable and grading and development impacts mitigable for at least 75 years, or the life of the structure. Grading of the slope 1s essential to the development of the site. Slope disturbance will not result in substantial damage or alteration to maJor wildlife corridors, habitat or native vegetation. No grading or removal of steep slopes will be permitted unless all environmental aspects have been mitigated. RESPONSE A soils and geologic analysis of the site was prepared m conformance with City requirements (Preliminary Geotechnical Investigation, Proposed 26-lot subdivision, Camino Hills Drive, Carlsbad, APNs 212-050- 32 & -33, Vinje & Middleton Engineering, Inc., June 23, 2006). The analysis outlined recommendations and mitigation which will be incorporated into the project. With the recommendations and mitigation, grading and development impacts are mitigable consistent with City standards and the site is suitable for the proposed subdivision. The proposed grading 1s essential to the development of the site in that the grading of the knoll will enable the development of a more developable building pad and more efficient street design. Slope disturbance will not damage or alter major wildlife habitat or native vegetation since it is an infill lot and the site has been previously disturbed. Pursuant to the biological analysis prepared for this property, neither natural plant communities nor sensitive plant species occur on site. The biological analysis concluded that the site contains no sensitive habitats or wildlife and that no environmental impacts will result from the project. The site is not located in an area prone to 'landslides, or susceptible to accelerated erosion, floods or liquefaction. F. Hillside Development Regulations and Guidelines The project is subject to the Hillside Development Regulations because the site contains slopes over 15% gradient and slope elevation differences greater than 15 feet. The project meets all the requirements of the Hillside Development Regulations and Guidelines as discussed below: • Hillside conditions of the project have been properly identified on the constraints map, which show existing and proposed conditions and slope percentages; • The proposed pad grades are terraced and follow the natural slope of the property; • No natural slopes exceeding 40% gradient exist on the property; • Manufactured slope heights are not proposed to exceed approximately 22 feet, which complies with the 40 foot standard for maximum height for manufactured slopes; GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 -TABATA 10 July 15, 2009 Pa e 10 • The project proposes contour grading for the manufactured slope along El Camino Real consistent with Sec, 21.95.120.F which requires contour grading for manufactured slopes greater than 20 feet in height and 200 feet in length. • Pursuant to the geotechnical report, remedial grading is necessary to remove and recompact the existing fill and alluvium soils to prepare the site for future development. Excluding remedial grading, the project grading volume (5,657 cubic yards/acre) is within the "acceptable" range; • The project proposes only minimal encroachment (6 vertical feet) into the existing 40% gradient manufactured perimeter slope on the south side of the property. Additionally, the project is subject to, and consistent with (see Section E above), the steep slope requirements of the Coastal Resource Protection Overlay Zone, which are more restrictive than the Hillside Development Regulations. G. City Council Policy 66 Principles for the Development of Livable Neighborhoods Project compliance with City Council Policy 66 Principles for the Development of Livable Neighborhoods is demonstrated in Table 4 below. TABLE 4: CITY COUNCIL POLICY 66-LIVABLE NEIGHBORHOODS Principle Compliance Comments 1 Building Facades, Front Entries, Porches Facades create interest and character and should be NIA -The project consists of a varied and articulated to provide visual interest to subdivision and grading plan, no pedestrians. Clearly identifiable front doors and porches homes are proposed with this enhance the street scene and create opportunities for application. greater social interaction within the neighborhood. Building entries and windows should face the street. Front porches, bay windows, courtyards and balconies are encouraged. 2 Garages Homes should be designed to feature the residence as NIA -The project consists of a the prominent part of the structure in relation to the subdivision and grading plan, no street. A variety of garage configurations should be homes are proposed with this used to improve the street scene. This may include application. tandem garages, side-loaded garages, front-loaded garages, alley-loaded garages and recessed garages. GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 -TABATA 10 July 15, 2009 Pa e 11 TABLE 4: CITY COUNCIL POLICY 66 -LIV ABLE NEIGHBORHOODS CONTINUED Principle Compliance Comments 3 Street Design An interconnected, modified (grid) street pattern should The project includes a looping street be incorporated into project designs when there are no design provides interconnectivity topographic or environmental constraints. and a grid-like pattern, and no cul- Interconnected streets provide pedestrians and de-sacs are proposed. automobiles many alternative routes to follow, disperse traffic and reduce the volume of cars on any one street in the neighborhood. Streets should be designed to provide both vehicular and pedestrian connectivity by minimizing the use of cul-de-sacs. The street network should also be designed to create a The street is adequate to serve the safer, more comfortable pedestrian and bicycling 26 residential lots.. The road environment. Local residential streets should have extension includes full-width travel and parking lanes, be sufficiently narrow to slow improvements that will allow safe traffic, provide adequate access for emergency and pedestrian movement throughout service vehicles and emergency evacuation routes for the site. There is also a perimeter residents and include parkways with trees to form a sidewalk surrounding the residential pleasing canopy over the street. Local residential streets development. are the public open -space in which children often play and around which neighborhoods interact. Within this context, vehicular movement should be additionally influenced through the use of City-accepted designs for traffic calming measures. 4 Parkways Street trees should be planted in the parkways along all streets. Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption. 5 Pedestrian Walkways Pedestrian walkways should be located along or visible from all streets. Walkways (sidewalks or trails) should provide clear, comfortable and direct access to neighborhood schools, parks/plazas and transit stops. Primary pedestrian routes should be bordered by residential fronts, parks or plazas. Where street connections are not feasible (at the end of cul-de-sacs), pedestrian paths should also be provided. The project provides a fully landscaped parkway between the sidewalk and public street with street trees consistent with City standards. The project will install a bus stop along El Camino Real and provide a pedestrian connection from Camino Hills Drive to El Camino Real and the new bus stop. The proposed public streets include a perimeter sidewalk surrounding the residential development. GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 -TABATA 10 July 15, 2009 Pa e 12 TABLE 4: CITY COUNCIL POLICY 66 -LIV ABLE NEIGHBORHOODS CONTINUED Principle Compliance Comments 6 Centralized Community Recreation Areas Park or plazas, which serve as neighborhood meeting The project consists of standard places and as recreational activity centers should be single-family residential lots incorporated into all planned unit developments. As containing a mm1mum of 7,500 frequently as possible, these parks/plazas should be square feet and is not subject to the designed for both active and passive uses for residents planned development requirements of all ages and should be centrally located within the for community recreation areas; project. Parks and plazas should be not be sited on however, the project does include a residual parcels, used as buffers from surrounding proposed grassy amenity area for developments or to separate buildings from streets. future residents on Lot 27. H. S-P (Scenic Preservation) Overlay Zone and El Camino Real Corridor Development Standards A Special Use Permit is required whenever a site is located within a Scenic Preservation or Floodplain Overlay Zone. The proposed project is located within the El Camino Real Scenic Corridor Overlay Zone. The intent of the El Camino Real Corridor Development Standards are to maintain and enhance the appearance of the roadway by setting standards for setbacks, building height, grading, and design theme. The proposed project is located in Area 3 (County Store to College A venue Intersection) of the El Camino Real Corridor, where low intensity residential uses dominate this central portion of the city. The proposed project is consistent with the applicable development standards and intent of those standards with regard to aesthetic considerations. Each of the applicable requirements and responses to the requirements is addressed in Table 5, below. TABLE 5 -EL CAMINO REAL CORRIDOR STANDARDS COMPLIANCE STANDARD REQUIRED/ALLOWED PROVIDED Design Theme Rural Residential The proposed project is low density residential and consistent with the design theme. Max. Building Height 15' within 100' of ROW No homes are proposed at this time; however the 25' between 100' and 200' of development of homes on the ROW property shall reqmre the future submittal of an SUP and 35' between 200' and 300' of compliance with the El ROW Camino Real Corridor Development Standards (including max. building height). GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 -TABATA 10 July 15, 2009 Pa e 13 TABLE 5-EL CAMINO REAL CORRIDOR STANDARDS COMPLIANCE CONTINUED STANDARD Maintain and enhance the roadway appearance Max. Grading Change Min. Building Setback REQUIRED/ALLOWED No cut or fill exceeding 1 O' from original grade PROVIDED Pursuant to Engineering Condition No. 53 of CT 06-03, improvements to El Camino Real along the project frontage include completion of the AC paving, base, sidewalk, curb, gutter, median and landscaping. Proposed grading exceeds this standard in order to construct the proposed berm. The berm varies in height from 15' to 22' and is located along El Camino Real for nearly the entire project frontage. The berm will be fully landscaped with shrubs and trees and will be contour graded. The purpose of the berm Is to provide sound attenuation for the project from roadway noise generated by traffic on El Camino Real, to provide a visual and physical buff er for the future homes from the roadway, and to provide visual relief for the El Camino Real scenic corridor from the development. Staff recommends approvmg a deviation from this standard. See below for discussion. 45' from ROW or 15' from All proposed lots will exceed top of slope, whichever IS the required minimum 45' greater setback from the El Camino Real ROW and 15' from the top of the proposed berm. According to Section V of the El Camino Real Corridor Standards, deviations are possible when application of the standards are not feasible and not in the best interest of good planning practice. In approving the deviations, the Planning Commission shall make the following findings: 1. Compliance with a particular standard is infeasible for a particular project, in that (a) the project requires sound attenuation from El Camino Real, and (b) a sound wall instead GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 -TABATA 10 July 15, 2009 Pa e 14 of the proposed landscaped and contoured berm would be less attractive and inconsistent with the aesthetic objectives of the El Camino Real Scenic Corridor Standards. 2. That the scenic qualities of the corridor will continue to be maintained if the standard is not fulfilled, in that the proposed landscaped and contoured berm along El Camino Real is designed to blend the project with the slopes on neighboring properties to the north and south of the project site and will be a much improved appearance compared to a sound wall. 3. That the project will not have an adverse impact ori traffic safety, in that the project grading 'Yill not cause a sight distance problem along El Camino Real; the project has adequate road access; and the surrounding roads that will service the development, including El Camino Real, have adequate capacity for the future trips generated by the project. 4. That the project is designed so as to meet the intent of the scenic preservation overlay zone, in that the proposed landscaped and contoured berm will blend with neighboring properties and reduce the visual impact of future homes on this property as viewed from El Camino Real. I. Habitat Preservation and Management Requirements (Chapter 21.210 of the Carlsbad Municipal Code) The project site is not designated in the HMP as an existing hardline, proposed hardline or standards area, and is identified as developable. In addition, the project site is not adjacent to any hardline or habitat corridor areas. No sensitive habitat or species were found on the property. To the north of the project site is eucalyptus woodland identified in the HMP. However, this woodland is separate from the area along Camino Hills Drive that will be impacted by the project. The site is currently undeveloped, though previously disturbed through agricultural activities, and contains 7.7 acres of disturbed habitat, 0.9 acres of Non-native Grassland (NNG), 0.3 acres of Eucalyptus Woodland, 1.2 acres of developed area and less than 0.04 acres of landscaped area. The project is conditioned to pay a habitat mitigation fee for impacts to the NNG, eucalyptus woodland and disturbed habitat. Due to the nearby eucalyptus woodland north of the project site and the eucalyptus trees that will be impacted by the project, conditions have been added to mitigate for potential impacts to nesting birds consistent with the Migratory Bird Treaty Act and HMP. As designed and conditioned, the project is consistent with the requirements of the HMP. J. Growth Management The proposed project is located within Local Facilities Management Zone 24 in the northwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in the table below. GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06-08/HDP 07-03/CDP 06-19 -TABATA 10 July 15, 2009 Pa e 15 GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration 90 sq. ft. Yes Library 48 sq. ft. Yes Waste Water Treatment 26EDU Yes Parks 0.18 acre Yes Drainage Basin B -34.14 c.f.s. Yes Circulation 260 ADT Yes Fire Station No. 5 Yes Open Space 1.7 acres Yes Schools Carlsbad Unified Yes Elementary ( 6) Yes Junior high (3) Yes High school (4) Total= 13 Yes Sewer Collection System 26 EDU, Basin 24B Yes Water 14,300 GPD Yes The proposed project is 1.42 units below the Growth Management Control Point for RLM designated property. Accordingly, 1.42 dwelling units will be deposited into the City's Excess Dwelling Unit Bank. V. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to biological resources and mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have now been mitigated to below a level of significance. Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper and sent to the State Clearinghouse for public agency review. One public comment letter was received during the 30- day public review period from January 16, 2009 to February 15, 2009. A letter from the California Department of Fish and Game, dated February 11, 2009, was received during the 30- day public review and comment period. The letter requested (1) spring surveys specifically for thread-leaved brodiaea (Brodieae filifolia), a state-endangered and federal-threatened plant species, and (2) if trees are removed during the bird breeding season of January 15 to August 30, that pre-removal surveys for nesting birds be performed. To address the first comment, surveys were completed in May 2009 and a subsequent biological study was submitted to the City on May 18, 2009 (Attachment 15). The report states that no brodiaea was found on the project property, which confirms the original findings of the MND and no modifications to the MND are necessary. To address the second comment, the project mitigation measures were modified to include the January 15 to August 30 bird breeding season timeframe as requested by the California Department of Fish and Game. In addition, the language of this mitigation measure has been updated to reflect the most current language used by the Planning Department. The GPA 06-04/LCPA 06-02/ZC 06-03/CT 06.a13/SUP 06-08/HDP 07-03/CDP 06-19 -TABATA 10 July 15, 2009 Pa e 16 MND, MMRP, and the one comment letter are included as attachments to Resolution No. 6601 recommending approval of the Mitigated Negative Declaration (Attachment 1). ATTACHMENTS: 1. Planning Commission Resolution No. 6601 (MND) 2. Planning Commission Resolution No. 6602 (GP A) 3. Planning Commission Resolution No. 6603 (LCP A) 4. Planning Commission Resolution No. 6604 (ZC) 5. Planning Commission Resolution No. 6605 (CT) 6. Planning Commission Resolution No. 6606 (SUP) 7. Planning Commission Resolution No. 6607 (HDP) 8. Planning Commission Resolution No. 6608 (CDP) 9. Location Map 10. Background Data Sheet 11. Local Facilities Impact Assessment Form 12. Disclosure Statement 13. Reduced Exhibits 14. California Department of Fish and Game Comment Letter 15. Focused Thread-leaf Brodiaea Survey for the Tabata 10 Property 16. California Department of Fish and Game acknowledgement of the Focused Thread-leaf Brodiaea Survey 17. Full Size Exhibits "A" -"L" dated July 15, 2009 SITE MAP • N NOT TO SCALE Tabata 1"0 GPA 06-04/ LCPA 06-02 / ZC 06-03 / CT 06-13 SUP 06-08 / HOP 07-03 / CDP 06-19 BACKGROUND DATA SHEET CASE NO: GP A 06-04/ LCP A 06-02/ ZC 06-03/ CT 06-13/ SUP 06-08/ CDP 06-19/ HDP 07-03 REQUEST AND LOCATION: Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment, Local Coastal Program Amendment and Zone Change; and a request for approval of a Tentative Tract Map, Special Use Permit, Hillside Development Permit and Coastal Development Permit for the subdivision, grading and utility development of a 10.16-acre site into twenty six (26) single-family residential lots and one (1) open space lot, on property generally located at the north-east end of Camino Hills Drive along the west side of El Camino Real within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 24. LEGAL DESCRIPTION: Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the City of Carlsbad, County of San Diego, State of California Rec. March 21, 1974 in the Office of the County Recorder of said San Diego County APN: 212-050-32, -33 Acres: 10.16 Proposed No. of Lots/Units: 26 single family lots, 1 open s ace lot GENERAL PLAN AND ZONING Existing Land Use Designation: "'""'RL=M=/...;Oc..=S'--------------------- Proposed Land Use Designation: ~R~L=M"'""'---------------------- Density Allowed: 0-4 du/ac Density Proposed: _3._0_3_d_u/_a_c ________ _ Existing Zone: L-C Proposed Zone: =R'--CC--1 ___________ _ Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site L-C RLM,OS Vacant (formerly agriculture & SFR) North 0-S, L-C RLM,OS SFRs, Open space, golf course South RMHP RLM Mobile homes East L-C, C-L RLM,L Vacant, SFRs West R-1, RMHP RLM SFRs, Mobile homes LOCAL COASTAL PROGRAM Coastal Zone: ~ Yes D No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: D Yes ~ No Coastal Development Permit: ~ Yes D No Local Coastal Program Amendment: ~ Yes D No Revised O 1106 Existing LCP Land Use Designation: RLM Existing LCP Zone: =L--C=---------- Proposed LCP Land Use Designation: _RL_M __ Proposed LCP Zone: """'R'--1=------------ PUBLIC FACILITIES School District: Carlsbad Unified School District Water District: Carlsbad Municipal Water District Sewer District: Carlsbad Municipal Sewer District Equivalent Dwelling Units (Sewer Capacity): =26=----------,------------- ENVIRONMENTAL IMPACT ASSESSMENT D Categorical Exemption, ______________________ _ t8J Mitigated Negative Declaration, issued "'-Ju=l..,_y"""'l..cc5.,_, 2=-0"'-0'-'-9 ____________ _ D Certified Environmental Impact Report, dated ______________ _ D Other,. ---------------------------~ Revised O I /06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMP ACT ASSESSMENT: FILE NAME AND NO: Tabata 10 -GPA 06-04/LCPA 06-02/ZC 06-03/CT 06-13/SUP 06- 08/CDP 06-19/HDP 07-03 LOCAL FACILITY MANAGEMENT ZONE: 24 GENERAL PLAN: _R_LM_/O_S ____ _ ZONING: L-C ~"---~~---~--~-----~--~~---~--~ DEVELOPER'SNAME:_T=ab~a=ta~F~a~m_i_lY~---------~-------- ADDRESS: 6692 Lemon Leaf Dr., Carlsbad, CA 92011 PHONE NO.: 760-754-1900 ASSESSOR'S PARCEL NO.: =-21=2'---'-0~5~0-~3=2'---"""""33'-------- QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 10.16 ac./ 26 du ESTIMATED COMPLETION DATE: _as_s_o_o_n_a_s~p_os_s_ib_le ____________ _ A. B. C. D. E. F. G. H. I. J. K. City Administrative Facilities: Demand in Square Footage = _90_sf_. ____ _ Library: Demand in Square Footage = _48_sf_. ____ _ Wastewater Treatment Capacity (Calculate with J. Sewer) 26EDU Park: Demand in Acreage = 0.18 ac. Drainage: Demand in CFS = 34.14 CFS Identify Drainage Basin = =B _____ _ (Identify master plan facilities on site plan) Circulation: Demand in ADT = 260 ADT (Identify Trip Distribution on site plan) Fire: Served by Fire Station No.= ~5 _____ _ Open Space: Schools: (Demands to be determined by staff) Sewer: Acreage Provided = _1.~7~a~c. ____ _ Demands in EDU 6 elementary students· 3 middle school students 4 high school students 26EDU Identify Sub Basin = _24_8 _____ _ (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 14,300 GPD L. The project is 1.42 units under the Growth Management Dwelling unit allowance. • • City of Carlsbad •@Fi •1•11 •f ·I •J4·Ei3ieek4,i• DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: ·_.... .··.. -.. •. Person is defined as "J\ny individual, firm; co-partnership, jointVenture, assodation, social club, fraternal organization, corporation, estate, trust; receiver, syndicate, in this and any other county, city·and county, city municipality, district or other political subdivision or any other group or combination acting as a unit" Agents may sign this document; however; the legal name and entity of the applicant and property owner must be provided below. · · 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person40.iu;ea ZA..?4Zd 6ellfi'F"ltm ,/$"L>/f::4ZIA--Z?ljA"T/1 li*lte ei/E,L,Vd ZAAAV't Title _____________ _ Address « o qz_ Lt0'~t!'/Jf' L -64/ ./J-"f-, Address ____________ _ [:i /9 ~ ,l..5 ;.i/1 .t) / (;,,t} .L /,,.:; ? ,2 d // 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person SAJIE ,ff' ~«e ~--·- Title ~------------~ Address __________ _ Corp/Part _________ _ Title _____________ _ Address ____________ _ 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust ·--------------------------~ Title-------------- Address ------------------------------- Title _____________ __ Address -------------------------------- 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes E:JNo If yes, please indicate person(s): ___ --------------------- NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. A:d-Mkk c2d~, Signature of owner/date /1,/cJJse:> foP... 7iii'.?A T d Print or type name of owner Signature of applicant/date Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 ONE COMPANYIM,iny So/utl()m. •------------------------------------------------------------------!:~=:.!.!::.:.:.!;:::~;::::::;:::::;;;;; GregHarnngton J Tabala 10 I FocusedBrodiaeaSurveyletterReport fil{ GcegHarriogtoe j fabat, 10 I focu,edBroa,ea Surv,ylette,RefuHI ONE COMPANY\Ma11y Sol,wons·-----------------------------------------------------------------.,;;,;:.;.;;,;;;;:;;;;~;;;;;;:.;,;;.:.;,;;;;;;;;.;;,;;;;;;;;,;;;;;;;,;~..;;,;;; APPENDIX A Site Photographs Photograph 1. Northwesterly view ofrepresentative Brodiaea habitat in foreground and abandoned home in background. Photograph 2. Southeasterly view of disced property taken from atop onsite hill. HDR Engineering. Inc. HOR Engineering, Inc. Photograph 3. Southerly view of property, living vegetation occurs primarily along the perimeter. Photograph 4. ~xample of clay soils located on the project site. In response refer to: FWS/CDFG-SDG-09B0166-09TA0437 To: Corey Funk Associate Planner City of Carlsbad Dear Mr. Funk, The California Department of Fish and Game (Department) and the U.S. Fish and Wildlife Service (Service), hereafter collectively referred to as the Wildlife Agencies, have reviewed the Draft Mitigated Negative Declaration (DMND) for the Tabata 10 Project (SCH #2009011044), dated January 16, 2009, in the City of Carlsbad (City). The following comments and recommendations are based upon the information provided in the DMND, our knowledge of sensitive and declining vegetation communities in the County of San Diego; and our participation in regional conservation planning efforts, including the City's Habitat Management Plan (HMP). The primary concern and mandate of the Service is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Federal Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). The Department is a Trustee Agency and a Responsible Agency · pursuant to the California Environmental Quality Act (CEQA), Sections 15386 and 15381, respectively. The Department is responsible for the conservation, protection, and management of the State's biological resources, including rare, threatened, and endangered plant and animal species, pursuant to the California Endangered Species Act (CESA), and administers the Natural Community Conservation Plan (NCCP) program. The City of Oceanside is currently a participant in the NCCP program through the preparation of its draft MHCP SAP. The Department also is responsible for the administration of the Streambed Alteration Agreement Program, which oversees potential threats to the State's wetlands resources. The Wildlife Agencies have the following comments and recommendations: 1. While the majority of the project site has been disturbed due to past agricultural operations, there is still concern that the Biological surveys completed for the project were conducted at a time of year (October 2007) when certain endangered/threatened species would not be detectable. In particular, we are concerned that the October surveys for the thread-leaved brodiaea (Brodieae filifolia), a state- endangered and federal-threatened plant species, would not have detected this species on the property if it was present. The Habitat Mapping Report for the project concludes that there is no potential for this species to occur on-site. We do not concur with this assessment. The area on-site mapped as non- native grassland is of particular concern. This species is known from the immediate area of the project site, and clay soils are present on the property. We request that appropriate surveys be conducted this coming spring on the property, especially, but not exclusively, within the non-native grasslands. Surveys for the vegetative component of the plant can be done in March-April, depending upon rainfall. Flowering brodiaea should be present by mid-May. The Fox-Miller (Salk) property along El Camino Real to the south of the property has a good population of Brodiaea, and can be used as a reference site for growth and flowering times of this species. If this species is found on the site then the requirements of the City's HMP require conservation of 80 percent of the population. This may affect the project design, so surveys should be completed before this project proceeds further in the environmental review process. 2. Removal of eucalyptus or other ornamental trees on the property, or off-site, should not be done during the breeding season (January 15-August 30), especially for raptor species, unless pre-removal surveys indicate that no nesting birds are present. This concludes our comments. If you have any questions please contact us at the phone numbers listed below. David Lawhead Staff Environmental Biologist CA Dept. of Fish and Game (858) 627-3997 Marci Koski, Ph.D. Fish and Wildlife Biologist U.S. Fish and Wildlife Service (760) 431-9440 May 14, 2009 Greg Harrington P.O. Box 679, Carlsbad, CA 92018-0679 Reference: Results of a Focused Thread-leaf Brodiaea (Brodiaea filifolia) and Orcutt's Brodiaea (Brodiaea orcuttii) Survey for the Tabata 10 Property Dear Mr. Harrington: This Jetter report summarizes the findings of a focused thread-leaf brodiaea (Brodiaeafilifolia) and Orcutt's brodiaea (Brodiaea orcuttii) survey for the Tabata 10 property. The property is located within the City of Carlsbad, at the intersection of El Camino Real and Camino Hills Drive (Figure 1 ). Brodiaea typically occur in non-native grassland (NNG) located on clay soils. These conditions are known to occur throughout the Carlsbad area and to exist within the property boundary. Methodology The focused survey was conducted by Allegra Simmons (Assistant Biologist) within the property on April 9 and May 12, 2009, during the growing season for Brodiaea (March though June). The survey was conducted on foot, traversing all appropriate habitat (survey area) within the property. The top of the onsite hill located in the northern portion of the site was not surveyed as it consists of development associated with an abandoned home (Photograph 1 ). However, the slopes of the hill were surveyed as they are vegetated by mowed NNG. Favorable environmental conditions were encountered during the survey (Table 1). Site photographs are located in Appendix A. Results A focused survey for Brodiaea was conducted within all NNG habitat located on the property (Figure 2). Areas associated with development were not covered as part of the survey effort. Onsite vegetation is sparse as the entire property has been disced within the past growing season (Photograph 2). The property consists primarily of weedy vegetation (Photograph 3). Indicators within the NNG vegetation include: black mustard (Brassica nigra), storksbill (Erodium cicutarium), bristly oxtongue (Picris echioides), stinging nettle (Urtica dioica), Bermuda grass (Cynodon dactylon), and wild oat (Avenafatua). Although the property supports clay soils (Altamont and Salinas clays) and NNG, neither thread-leaved or Orcutt's brodiaea were detected within the property (Photograph 4). In addition, Brodiaea corms were not observed or detected within HOR Engineering, Inc. 8690 Balboa Avenue Suite 200 San Diego, CA 92123 858-712-8400 858-712-8333 (fax) Mr. Harrington May 14, 2009 Page 2 the property. Any potential Brodiaea occurring within the survey area would have been readily identifiable at the time of the survey. Table 1. Survey Dates and Weather Conditions Percent I Survey i. Clou~,~-~~~----··-~ .. -1:!'!1J!_t!.~llt11re .j Dates Time I Start Stop I Start · Stop I Winds I 04/09/2009 I 0945-1120 I 60% cloud I 60% cloud i 62°F I 70°F 'I 0-2 mph I i.·-···--·L .... ~.~ver ___ L ... -~~:~ .. j L ____ L__ .. 05112/2009 ! 0945-1050 i 100% cloud ! 100% cloud 68°F ' 70°F 0-2 mph cover cover Conclusion Brodiaea were not observed within the property during the 2009 survey. In addition, Brodiaea corms would have been detected as a result of recent discing but were not observed. Absence of these species may be attributed to the discing activities within the last growing season. If you have any questions or concerns, please do not hesitate to contact us. Sincerely, HDR Engineering, Inc. Shannon Shea Senior Biologist Attachments HOR Engineering, Inc. Allegra Simmons Assistant Biologist Corey Funk From: Sent: To: David Lawhead [DLawhead@dfg.ca.gov] Thursday, June 11, 2009 8:57 AM Corey Funk Subject: Re: Response to Tabata 10 Project -Comments Corey, Thank you for following up on my comments on the Tabat 10 project. With the negative results of the thread-leaved brodiaea survey, and the inclusion of a requirement for a pre-tree removal nesting survey in the final MND, I am satisfied that the Tabat 10 project is consistent with the City's HMP and have no objections to the project proceeding. Dave David Lawhead Staff Environmental Scientist CA Dept. of Fish and Game South Coast Region 4949 Viewridge Ave. San Diego, CA 92123 (858) 627-3997 >>> Corey Funk <Corey.Funk@carlsbadca.gov> 6/10/2009 5:17 PM>>> David, Regarding FWS/CDFG-SDG-09B0166-09TA0437 In response to comment 1, a focused thread-leaf brodiaea survey was performed in April and May 2009 to address the concerns of CDFG. No evidence of the species was found on the property (see attached). In response to comment 2, a mitigation measure is included with the project to require pre- tree removal surveys for nesting birds during bird breeding season. I hope these responses are helpful and am currently preparing the project for a Planning Commission hearing on July 15, 2009. Please feel free to contact me if you have further questions. Thanks, Corey Corey Funk, AICP Associate Planner City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 corey.funk@carlsbadca.gov (760) 602-4645 (760) 602-8559 fax (cid:image001.png@01C9E9EE.DC5C8930] 1 TENTATIVE MAP FOR: TABATA-10 IJft-ll:1.n~ (16...63Cl"06-13/SUP06--0BICDP06-19IBDP01-IJ3 --# PLAN YJHW-fBRlJMZNABXrSUB v.11. .LBGALDBSCRJPI'ION 1ae..r.&"'°J OIPl'IIIU ffADDllllffl ·--·---·--· WWMiiWIWIW w GBNHRALNOI'BS -_.,,,, .. -· ... ------- -... .. ,.ll'Jlll'rr ---------1,;o.;.;.;.;;,;.;;,;.;;.;..., .. ::;;;......; ____ _, =-==-.... .,, ..... .... .ay ..... __ .... --u- --Ill --... ... -. .... --.. ---. .... --.. ----..... _,._, •n _,._ -· --- \ ·-·---·-,.. .......... ---,.. ...... _ ,. .... ,,.,._,...,_ --r,.,, __ _ --H ---IH ljgJ ... a H I ... 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H 0 .. -.. --· .,__ _ .. .,__ .. • -c:::::::>c:::::::> == ==I -n \ IIWHIC a::ALE s•-eo• !IO 100 l!IO BASEMENT EXHIBIT FOR: TABATA-10 GPA 06-0C.ILCPA 06-0'JDC~06-13/SVP06-0IK'!>P06-191BDPM4 ----------.......... -~ .. -&amt_----------------------------~------------r·, r BLCAMINDR&U. t t -----------------7;,------------------------------------------- -f I p.1 ~~~41,.t:-'.'~=,t,. ;~::C:i~~~=~f.;.t:~ ... -f-.,,--,,lit.--.;:.c: if' ti' ,, SLOPE ANALYSIS BXHIBlT PRBSBNTING BXISTlNG SWPB CONDrrlONS .. 100 ... D ·r:IS"-"I. ·-rr,1111,a I -ill · r-,.,_'*I. . -• -'° •• lf'la"l'l.11\r-. - • -,a m ---------·-'° EROSION CONTROL \ "" ---... ad ..... 100 -................ .. .., ..... ... -----............ ................. _ .. l!!O HILLSIDE DEVELOPMENT PERMIT EXHIBIT ----- lni'llll"Ul'I. -·-n.'llll"lr--·-------·- 1RAPHIC ICALI! 1•4• .. ,oo . .. ...... ,, . ., . ._ .... ,,, ......... ·-·-· ......... ·-· ... ., --·--· [TI r:-1 L....:.:..J • • BUl-m>B <JRAD.INO CALCVLA.'IIONS: as&•..,.•"" ... _ ... ...., ..... _01,u,a • .., .... ....,... .................. DENSITY CALCULATION EXHIBIT BXHIBlT PRBSBNTING EXISTING ON-SlTB CONDfflONS \ .. 100 , .. f'RO.&jT 6AOSS NEA • +f.2,!MI SF (I0.15 N:,,J f'RO.&jT IET NEA {W/1.DDJ • +f.2,!MI (I0.15 N:,,J IBaBND --------·--~ ·-·-· -----__ ..... __ ....... ____ _ ... ,..---- ---------• • ------------IO.e K, -1,e K, -O!!I0/2 K, • ~ AGR£S 6.57 K, • l!J.2 I..D'r.VK. • 27.-G LOTS City of Carlsbad 1200 Carlsbad Village Drive Planning Commission Public Hearing 6:00 P.M. Wed July 15, 2009. "Tabata lO"development project My name is John Peacock, My address in 2306 Lanyard Place in Carlsbad .. Phone 619 925 0337 I am a homeowner and the committee member for Architectural and Landscape projects in the HOA called "Eagle Canyon at Evans Point", a community of29 single family homes that is adjacent to the property identified (in short terms) by the City of Carlsbad as "Tabata 10" I would like to submit the comments/concerns of the Eagle Canyon HOA regarding the development of the property at the north-east end of Camino Hills Drive along the west side of EI Camino Real. Referred to in this document as the "Tabata Property". It is understood that the the Tabata Property (when completed) will include twenty-six (26) single-family residential lots and one (1) open space lot. Eagle Canyon HOA recognizes the development of the Tabata Property but is duly concerned about the amount of storm runoff and debris that will flow from the Tabata Property into the de- silting basin( Lot 32 of Eagle Canyon property), located at the corner of Jackspar and El Camino Real, primarily during the construction period .. The Tabata property is currently farmland, The property originally consisted of a single family home on over IO acres.( Very little runoff occurred during the farming period). A portion of the runoff from the Tabata Property currently runs through the Eagle Canyon Property starting at a drain inlet (identified as a Type "B" inlet) on the north side of Camino Hills Road. The drain runs under the service road on the south side of the Eagle Canyon development then runs east on Jackspar to the corner of Jackspar and Forecastle, then finally drains into the de-silting basin known as" Lot 32 of the Eagle Canyon Development". (A detailed map of the area is available for review) Additionally, some runoff from the Tabata Property travels north on El Camino Real to the Jackspar Basin. (more so during heavy rains) With the introduction of grading, streets, building of earthen berms. and finally construction of homes, runoff from the Tabata Property into the Jackspar De-silting Basin will definitely increase. Eagle Canyon HOA is requesting that the City of Carlsbad ask the developer of the Tabata Property to voluntarily participate in the periodic cleaning of the Jackspar Basin during the construction period. Thank You RECEIVED JUL O 9 2009 CITY OF CARLSBAD PLANNING DEPT