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HomeMy WebLinkAbout2019-06-19; Planning Commission; ; GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15- 05 (DEV15043) - OCEAN VIEW POINTltemNo.0 Application complete date: NA P.C. AGENDA OF: June 19, 2019 Project Planner: Jason Goff Project Engineer: Tim Carroll SUBJECT: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15- 05 (DEV15043) -OCEAN VIEW POINT -Request for a recommendation of adoption of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; a recommendation of approval for a General Plan Amendment, Zone Change, and Local Coastal Program Amendment to change the land use on a 5.4-acre portion of a 21.9-acre property from R-1.5 Residential to R-4 Residential and to change the zoning from One-Family Residential (R-1-30,000) to One-Family Residential (R-1); and a recommendation of approval for a Tentative Tract Map, Planned Development Permit, Coastal Development Permit, Hillside Development Permit and Habitat Management Plan Permit for the subdivision and development of 18 lots (13 single-family residential, one private street, and four open space) on a 21.9-acre previously subdivided property generally located south of the terminus of Twain Avenue within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 8. The project is not located within the appealable area of the California Coastal Commission. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7337 RECOMMENDING ADOPTION of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; ADOPT Planning Commission Resolution No. 7338 RECOMMENDING APPROVAL of a General Plan Amendment (GPA 15-02), Zone Change (ZC 15-03) and local Coastal Program Amendment (LCPA 15- 05); and ADOPT Planning Commission Resolution No. 7339 RECOMMENDING APPROVAL of a Tentative Tract Map {CT 15-07), Planned Development Permit (PUD 15-15), Coastal Development Permit (CDP 15- 53), Hillside Development Permit {HOP 15-03) and Habitat Management Permit (HMP 15-05), based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Ocean View-Carlsbad, LLC has submitted an application to subdivide a 21.9-acre property at the southern terminus of Twain Avenue, abutting the Spyglass Hills neighborhood. The Spyglass Hills neighborhood is designated R-4 (Residential, 0-4 dwelling units per acre (du/ac)) under the General Plan and is zoned One- Family Residential with a Qualified Development Overlay (R-1-Q). The existing single-family homes that are a part of the Spyglass Hills residential subdivision are located directly adjacent to and north of the project site. To the east, at a lower elevation from the project site, is Faraday Avenue and the Carlsbad Research Center industrial office park. To the south of the project site, also at a lower elevation and across Faraday Avenue, is The Crossings at Carlsbad community golf course. Immediately south and west of the project site is city owned property (includes Veteran's Memorial Park) with a General Plan Land Use and Zoning designation of Open Space (OS). GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)-OCEAN VIEW POINT June 19, 2019 Pa e2 The subject property is 21.9 acres in size and is the subject of a previously approved subdivision (CT 02- 06 -Kirgis Subdivision). This previous project has a recorded final map {Final Map No. 16265, April 27, 2018), subdividing the 21.9-acre property into seven (7) lots consisting of five (5) minimum 30,000-sqljare- foot single-family residential lots, one (1) private street lot, and one (1) open space preserve lot. No grading or development of this site has occurred. The Ocean View Point project proposes to re-subdivide this 21.9-acre property into 13 single-family residential lots (Lots 1-13), one (1) private street lot (tot 16), one (1) open space lot for water quality treatment (Lot 15), one (1) open space l.ot for community recreation (Lot 17), one (1) open space lot for community landscape (Lot 18), and one (1) 16.5-acre lot for permanently preserved open space (Lot 14). The proposed residential lots vary in size from 10,353 square feet to 19,660 square feet. The property is currently undeveloped except for a 0.1-acre portion of the existing Twain Avenue cul-de- sac bulb that presently extends into the property. The proposed Ocean View Point subdivision (CT 15-07) is designed to substantially occupy the same development footprint as the Kirgis Subdivision (CT 02-06) with the exception of the former project's developable area of 5.4-acres, which has been reduced in size to accommodate the addition of a 20-foot upland habitat buffer between the proposed residential lots and the open space preserve lot, and the relocation of 2,127 square feet of open space dedication from one onsite location to another. The relocated area of open space is of greater habitat value t han the area originally defined by CT 02-06. Difficulties in finding adequate land within the Coastal Zone to mitigate for the project's impacts to coastal sage scrub have caused the project processing to be delayed several years. The proposed subdivision requires a General Plan Amendment to change the property's residential land use designation from R-1.5 (Residential, 0-1.5 du/ac) to R-4, a Zone Change from R-1-30,000 to R-1, and a Local Coastal Program Amendment to make the Local Coastal Program (LCP) Land Use and Zoning maps consistent with the proposed amendments to the city's General Plan Land Use and Zoning maps. In addition, the project includes a Tentative Tract Map (CT) for the proposed subdivision of land, a Planned Development Permit (PUD) for a private street (Twain Court) with gated entry, a Coastal Development Permit (CDP) for grading and infrastructure development within the Coastal Zone, a Hillside Development Permit (HOP) for hillside grading, and a Habitat Management Permit (HMP) for habitat disturbances. Table "A" below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE A-SITE AND SURROUNDING LAND USES location General Plan Designation Zoning Current Land Use Vacant land with a recorded R-1.5 Residential (0 -1.5 One-Family Residential w/ Final Map for seven (7) lots Site du/ac) and Open Space 30,000 square foot lot size (five (5) single-family (OS) minimum (R-1-30,000) residential lots, one (1) private and Open Space (OS) street lot, and one (1) open space preserve lot. R-4 Residential (O -4 One-Family Residential w/ Single-family Residential North du/ac) a Qualified Development (Spyglass Hills neighborhood) Overlay (R-1-Q) South Open Space (OS) Open Space (05) Open Space East Planned Industrial (Pl) Heavy Commercial-Carlsbad Research Center Limited Indust rial (C-M) Industrial Office Park West Open Space (OS) Open Space (OS) Open Space, Veteran's Park GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)-OCEAN VIEW POINT June 19, 2019 Pa e 3 Table "B" below includes the project site's gross and net acreage, the number of dwelling units allowed by the General Plan's Growth Management Control Point {GMCP) density and the proposed project's number of dwelling unfts and density. TABLE B Gross Acres Net Acres DUs Allowed at GMCP Density DUs Proposed and (3.2 du/ac) Project Density 13 DUs 21.9 acres 4.8 acres 15 DUs 2.7 du/ac Grading for the subdivision is balanced with approximately 19,800 cubic yards of cut and 19,800 cubic yards of fill. The grading impact footprint affects approximately 4.6 acres of the 21.9-acre site. The volume of grading is considered acceptable at 4,333 cubic yards per acre. No import or export of materials is required. No single-family residential dwelling units are currently proposed with this subdivision. Individual homes will require approval of a Coastal Development Permit In order to meet the City's lnclusionary Housing requirements, the project is conditioned to enter into an affordable housing agreement to provide two {2) affordable housing units either on-site or through an alternative method prior to approval of the final map. 111. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. General Plan (Residential (R-4) and Open Space (OS)); B. One-Family Residential {R-1) Zone (CMC Chapter 21.10) and Planned Development Ordinance (CMC Chapter 21.45); C. Local Coastal Program (Mello II Segment); D. Subdivision Ordinance {Title 20 of the Carlsbad Municipal Code (CMC)); E. Hillside Development Ordinance (CMC Chapter 21.95); F. McClellan-Palomar Airport Land Use Compatibility Plan; G. lnclusionary Housing Ordinance (CMC Chapter 21.85); H. Habitat Management Ptan; and I. Growth Management -Zone 8 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 following sections. A. General Plan Property History Prior to 1986, the subject property had a General Plan Land Use designation of Low Density Residential (RL), which allowed for up to one (1) dwelling unit per acre without constraints. At the time, the property had the potential to be developed with 22 dwelling units. The associated zoning {R-1-30,000) required a minimum lot size of 30,000 square feet per lot, which it is assumed, was at the time intended to require spreading development out over the entire 21.9 acres. GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)-OCEAN VIEW POINT June 19, 2019 Pa e4 Post 1986, the adoption of the Growth Management Ordinance and CMC Section 21.53.230 (Residential density calculations, residential development restrictions on open space and environmentally sensitive lands) further restricted the density for the property to a net acreage by deducting constrained land from the calculation. This effectively limited the development of this property to 13 dwelling units. Then, prior to adoption of the City's Habitat Management Plan in late 2004, the Kirgis five (5) lot residential subdivision was approved, which included a General Plan Amendment to re-designate 75 percent of the 21.9-acre RL designated property as Open Space (OS). The RL General Plan Land Use designation was only retained for the remaining 25 percent (5.4 acres) of the property. The action of designating 75 percent of the property as OS was consistent with a draft "Standards Area" preservation requirement of the Habitat Management Plan, which at that time was pending approval by the California Coastal Commission. Since the subdivision requested at the time was for only five (5) of the 13 dwelling units allocated to the property, eight (8) excess dwelling units were deposited into the excess dwelling unit bank. Project Proposal The proposed Ocean View Point project now includes a request to change the site's General Plan Land Use designation from R-1.5 Residential to R-4 Residential. Both residential designations are intended to allow for single-family residential development. The existing R-1.5 Residential allows for a density of up to 1.5 dwelling units per net developable acre, while the R-4 Residential allows for a density of up to 4 dwelling units per net developable acre. The requested R-4 Residential General Plan Land Use designation is the same as that overlying the adjacent Spyglass Hills neighborhood. Development of the project as a single-family residential subdivision is compatible with the adjacent Spyglass Hills single-family residential subdivision in that the proposed lot sizes will be slightly larger than the average lot size in Spyglass Hills; the future homes to be built on the proposed subdivided lots are expected, but not guaranteed, to be of the same or larger size than the existing homes of the Spyglass Hills neighborhood; and the existing Spyglass Hills neighborhood street system is able to accommodate the 130 average daily trips (ADT) generated by the proposed 13-lot subdivision (which is a net increase of 80 ADT over the approved 5-lot Kirgis Subdivision). In addition to the above, the project complies with the various Elements of the General Plan as outlined in Table "C" below: TABLE C-GENERAL PLAN COMPLIANCE ELEMENT GOAL/POLICY PROPOSED USES & IMPROVEMENTS COMPLY Land Use & Goal 2-G.3: Promote infill The applicant is proposing to develop a Yes Community development that makes vacant infill site with challenging Design efficient use of limited land topography and a 75 percent habitat supply, while ensuring preservation requirement. The compatibility and integration residential lots are clustered in the area with existing uses. Ensure that that minimizes impacts on the habitat fnfill properties develop with with limited impact on the adjacent uses and development residential development. intensities supporting a cohesive development pattern. GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)-OCEAN VIEW POINT June 19, 2019 Pa e S TABLE C-GENERAL PLAN COMPLIANCE ELEMENT GOAL/POLICY PROPOSED USES & IMPROVEMENTS COMPLY Land Use & Goal 2-G.5: Protect the The proposed lots, ranging in size from Yes Community neighborhood atmosphere and 10,353 square feet to 19,660 square feet, Design identity of existing residential are generally consistent with the areas adjacent neighborhood, which range in size from 8,000 square feet to 20,000 square feet. Mobility Goal 3-G.1: Keep Carlsbad The project, while gated, completes an Yes moving with livable streets that otherwise unimproved non-landscaped provide a safe, balanced, cost-project frontage along an existing cul-de- effective, multi-modal sac at the southern terminus of Twain transportation system (vehicles, Avenue and will also dedicate and install pedestrians, bikes, transit), a pedestrian connection to the Citywide accommodating the mobility Trail System, which includes access to the needs of all community nearby Veteran's Memorial Park and the members, including children, Crossings at Carlsbad community golf the elderly and disabled. course. A private street with gated entry is considered to be acceptable in this Goal 3-G.2: Improve case because of the surrounding habitat, connectivity for residents, open space requirements and steep visitors and businesses. topography make it difficult, if not impossible to connect to Faraday Avenue Goal 3-G.3: Provide inviting below. Landscaped parkways and street streetscapes that encourage trees will line the existing unimproved walking and promote livable portion of Twain Avenue as well as the streets. new private street. The circulation system has also been designed in conformance with the Land Development Engineering Division and Fire Department design standards for public streets, private streets and hillside conditions and complies with all other applicable City of Carlsbad design standards. GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)-OCEAN VIEW POINT June 19, 2019 Pa e 6 TABLE C-GENERAL PLAN COMPLIANCE ELEMENT GOAL/POLICY PROPOSED USES & IMPROVEMENTS COMPLY Open Space & Goal 4-G.3: Protect The project site, which is identified as a Yes Conservation environmentally sensitive lands, "Standards Area" in the HMP, preserves wildlife habitats, and rare, seventy-five percent of the gross project threatened or endangered plant area as Open Space. A Biological and animal communities. Technical Report (BTR) was prepared for the site and determined that there will be Policy 4-P.9: Maintain and impacts to 4.13 acres of coastal sage implement the city's Habitat scrub (Habitat Group C} and 0.51 acres of Management Plan (HMP), disturbed land (Habitat Group F). including the requirement that Impacts to Habitat Group C will be all development projects mitigated at a 2:1 ratio and impacts to comply with the HMP and Habitat Group F will be satisfied through related documents. Require payment of an in-lieu fee. Final design of assessments of biological the project was reached with extensive resources prior to approval of involvement and input by the Wildlife any development on sites with Agencies. An HMP Consistency sensitive habitat. Determination from the Wildlife Agencies was received on March 15, 2019 acknowledging the project's consistency with the HMP. Policy 4-P.58: Require The project will adhere to the city's developments to incorporate Master Drainage Plan, Grading structural and non-structural Ordinance, Storm Water Ordinance, BMP best management practices Design Manual and Jurisdictional Runoff (BMPs) to mitigate or reduce Management Program (JRMP) to avoid the projected increases in increased urban runoff, pollutants, and pollutant loads. Do not allow soil erosion. post-development runoff from a site that would cause or contribute to an exceedance of receiving water quality objectives or has not been reduced to the maximum extent practicable. GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)-OCEAN VIEW POINT June 19, 2019 Pa e 7 TABLE C -GENERAL PLAN COMPLIANCE ELEMENT GOAL/POLICY PROPOSED USES & IMPROVEMENTS COMPLY Open Space & Goal 4-G.8: Coordinate the The proposed project will complete Trail Yes Conservation planning of park facilities and Connection 8D of the city's Trails Master trails with other recreation-Plan, thereby connecting the existing oriented land uses such as open Spyglass Hills neighborhood and the space. proposed Ocean View Point development with Veteran's Memorial Park and The Goal 4-G.1L Utilize greenways Crossings at Carlsbad community golf and trails to connect the city's course. This segment will be a "Type 2 - open space network. Multi-Use Recreational Trail" that accommodates a broad range of trail Policy 4-P .43: Obtain an users. The project is conditioned to irrevocable offer to dedicate or require an irrevocable offer of dedication a permanent easement for for a public trail easement through multi-use trails on privately private property. owned property where feasible, and where trails are proposed as part of the Carlsbad trail system. Noise Goal 5-G.2: Ensure that new The project will not result in exposure of Yes development is compatible with persons to or generation of noise levels the noise environment, by in excess of standards established in the continuing to use potential City's General Plan or Noise Guidelines noise exposure as a criterion in Manual in that the proposed residential land use planning. subdivision is located outside the 60 dB(A) CNEL noise contour as indicated in the City of Carlsbad's General Plan Noise Element and Noise Guidelines Manual (Carlsbad Future Noise Exposure Contours Map, forecast year 2035 ). GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUO 15-15/COP 15-53/HOP 15-03/HMP 15-05 (DEV15043)-0CEAN VIEW POINT June 19, 2019 Pa e 8 TABLE C-GENERAL PLAN COMPLIANCE ELEMENT GOAL/POLICY PROPOSED USES & IMPROVEMENTS COMPLY Noise Policy 5-P.12: Use the noise The project site is located within Review Yes policies in the McClellan-Area 1 of the Airport Land Use Palomar Airport Land Use Compatibility Plan for the McClellan- Compatibility Plan (ALUCP) to Palomar Airport (ALUCP), is within Safety determine acceptability of a Zone 6, is located outside of the 60-65 land use within the airport's CNEL noise contour, and is within the influence area (AIA) as depicted Airport Overflight Notification Area. As in the ALUCP. stated in the ALUCP Table 111-2 (Safety Compatibility Criteria), residential development is a compatible use without limitations outside of the 60-65 CNEL noise contours and in Safety Zone 6. The requested land use change was also determined to be consistent with the ALUCP by the Airport Land Use Commission staff on October 25, 2016. Because the project is located within the Airport Overflight Notification Area, the project has been conditioned to record a notice Informing future residents that the property is subject to overflight, sight and sound of aircraft operating from the airport. Public Safety Policy 6-P.30: Encourage The project site is located within a five-Yes physical planning and minute response time of Fire Stations No. community design practices 3 and 5 and has been conditioned to that deter crime and promote comply with the fire code·, including safety. provisions for an automatic sprinkler system within each future dwelling unit. Additionally, a Conceptual Fire Protection Plan has been prepared for the project to demonstrate how it will conform to the policies and requirements of the Landscape Manual, particularly the Fire Policies and Fire Protection Requirements. The plan includes written and graphic illustrations of fire hydrant locations, 60-foot wide fire fuel modification zones covering both manufactured slope areas and native slope areas, emergency/maintenance access, and maintenance responsibility and schedule of frequency. GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)-OCEAN VIEW POINT June 19, 2019 Pa e9 TABLE C -GENERAL PLAN COMPLIANCE ELEMENT GOAL/POLICY PROPOSED USES & IMPROVEMENTS COMPLY Housing Goal 10-G.3: Provide sufficient The project is conditioned to enter into Yes new, affordable housing an affordable housing agreement for the opportunities in all quadrants of provision of two (2) affordable housing the city to meet the needs of units. current lower and moderate income households and those with special needs, and a fair share proportion of future lower and moderate income households. B. One-Family Residential (R-1) Zone (CMC Chapter 21.10) and Planned Development Ordinance (CMC Ch. 21.45) One-Family Residential (R-1) Zoning The minimum lot size requirement in the One-Family Residential (R-1) Zone is 7,500 square feet. Some R- 1 zoned properties include more restrictive lot size minimums, as is the case with this property. The R-1 designation for this property, which was established prior to 1986, includes a minimum lot size requirement of 30,000 square feet. The proposed Zone Change seeks to remove the minimum 30,000-square-foot lot size requirement. The original purpose of the large minimum lot size was an acknowledgement of the difficulty of developing on hillside topography and was a method of spreading out development over a larger area prior to the adoption of the Growth Management Ordinance and CMC Section 21.53.230 in 1986. The zone change is being requested to better reflect the purpose and goal of the Habitat Management Plan, which limits development of this site to only 25 percent of the gross area and assumes a concentration of single-family development on smaller lots to fit within a smaller devetopable area. The project can be developed with proposed residential lots varying in size from 10,353 square feet to 19,660 square feet (13,480 square feet average) through the Planned Development Ordinance (Chapter 21.45), which allows the minimum lot sizes designated by the zone to be reduced to 5,000 square feet in most cases and 3,500 square feet in limited cases. Planned Development Ordinance The project includes a private street with a vehicle access gate. Approval of private streets for single~ family residential developments in the R-1 Zone requires approval of a Planned Development Permit (PUD). As stated previously, no dwelling units are proposed with this PUD. Therefore, compliance with the Planned Development Regulations as it relates to this application is limited to those other applicable Planned Development Regulations not related to unit plotting and architecture. The project complies with all applicable requirements and development standards of the Planned Development Regulations as demonstrated in Planned Development Compliance Tables C and D (see Attachments No. 5 and No. 6). Included is a requirement to provide 2,600 square feet of community recreational space in the form of passive recreation facilities. A total of 4,898 square feet of passive community recreational space is being provided on Lot 17. The location of the passive community recreational space on Lot 17 was selected so GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)-OCEAN VIEW POINT June 19, 2019 Pa e 10 all residents within the development could enjoy the ocean/sunset views to the west. Easy accessibility from all residential lots to the community recreation area is provided via a concrete sidewalk and landscaped parkway. The project's compliance with all applicable requirements of City Council Policy 66 -Livable Neighborhoods, made pursuant to Planned Development Table D, is also demonstrated in Attachment No. 7. C. Local Coastal Program and Coastal Resource Protection Overlay The project site is located within the Mello II Segment of the Local Coastal Program, but is not within the appealable jurisdiction of the California Coastal Commission. The site is also located within and subject to the Coastal Resources Protection Overlay Zone. A six week notice of intent of a land use change in the Coastal Zone was filed with the California Coastal Commission and ran from October 20, 2016 to December 2, 2016. A Local Coastal Program Amendment may be approved if it conforms with Coastal Act policies and applicable policies of the Mello II Segment that are not being amended. The project's compliance with each of the applicable Local Coastal Program policies, programs and ordinances is discussed below: 1. Mello II Segment of the Certified Local Coastal Program and all applicable policies The project is located in the Mello II Segment of the Local Coastal Program. The project site is proposed to have a Local Coastal Program Land Use designation of Residential (R-4) and zoning of One-Family Residential (R-1) consistent with the proposed General Plan Land Use designation and Zoning for the site. In addition, an amendment to the Local Coastal Program Land Use and Zoning Maps is proposed to change a 2,127-square-foot area of open space dedication from one onsite location to another. The relocated area of open space is of great er habitat value than the area originally defined by CT 02-06. One of the primary requirements of the applicable coastal regulations pertains to the conversion of agricultural land to urban use. The property is not identified as an active "Map X -Designated Coastal Agricultural Lands" site and therefore, is not required to be preserved nor is it subject to an agricultural conversion mitigation fee. The project is further consistent with the policies of the Coastal Act, in that a) the site is geologically stable; b) the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion; c) the project does not preclude any recreational opportunities or shoreline access as the property is not located adjacent to any waterways or bodies of water; and d) the development does not obstruct views of the coastline as seen from public lands or public rights-of-way. 2. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. Limited development, less than ten percent, is proposed on natural steep slopes {~25 percent gradient). Habitat impacted by the project is being mitigated according to the mitigation standards of the Habitat Management Plan. In addition, the site is not located in an area prone to landslides, or susceptible t o accelerated erosion, floods or liquefaction. GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043) -OCEAN VIEW POINT June 19, 2019 Pa e 11 0. Subdivision Ordinance Land Development Engineering has reviewed the proposed Tentative Tract Map and has concluded that the subdivision, as conditioned, complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance (Title 20). The project complies with all major subdivision design criteria including provision of public access, required street frontage, and minimum lot area. The project is consistent with and satisfies all requirements of the General Plan and Title 21. The project is conditioned to install all infrastructure improvements concurrent with development. The developer will also be required to install street and utility improvements for the proposed private street, including but not limited to curbs, gutters, sidewalk, parkway, fire hydrants, street lights and sewer and drainage facilities. General utility and access easements will be dedicated allowing for the construction of project drainage, sewer., and water facilities on the final map. The proposal includes the use of gates and private streets. This application for a gated private street is supported by staff given the location of the lots at the end of a public cul-de-sac, and the inability to provide through-access to Faraday Avenue due to topographic constraints and further restrictions caused by the adjoining open space conservation lot. No standards variances are needed to approve the project. Given the above, the proposed subdivision would provide all necessary facilities and improvements without producing land conflicts; therefore, the project is consistent with the Subdivision Ordinance. E. Hillside Development Ordinance A Hillside Development Permit is required for the subdivision because the property contains slopes of 15 percent and greater with elevation differentials greater than 15 feet. The purpose of this permit is to review the proposed development for conformance with the Hillside Development Regulations (CMC Chapter 21.95). The development proposal is in conformance with the purpose and intent of this chapter as well as the other provisions of the regulations. Development of Natural Slopes Over Forty Percent Gradient The hillside slope conditions have been properly identified on the project constraints map for the subdivision. Approximately 4.61 acres, or 21 percent, of the total 21.9-acre property is comprised of natural slopes having a slope gradient of 40 percent or greater. Except for a total of 0.02 acres, most of these slope areas are located within the open space preserve Lot 14 and the 20-foot upland habitat buffer that lies between the edge of project grading and the open space preserve. Under the Hillside Development Regulations these types of natural slopes are generally protected. However, to be considered undevelopable, the slope must contain all the following: 1) a slope gradient of greater than 40 percent, 2) an elevation differential of greater than 15 feet, 3) a minimum area of 10,000 square feet, and 4) comprise of a prominent land form feature. The combined total of the subject slope areas that are located within the grading impact footprint consist of 0.02 acres. None of the individual slope areas also have an elevation differential of greater than 15 feet, a minimum area of 10,000 square feet, and comprise a prominent land form feature. Therefore, these slope areas impacted by project grading do not qualify as undevelopable under the Hillside Development Regulations and, therefore, can be graded to accommodate the proposed residential subdivision and development. GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)-OCEAN VIEW POINT June 19, 2019 Pa e 12 Volume of Grading Jhe standards require that volumes of grading be minimized. The relative acceptability of hillside grading volume falls into the following three categories: 1) Acceptable: 0 -7,999 cubic yards per acre (cu/ac), 2) Potentially Acceptable: 8,000 -10,000 cy/ac, and 3) Unacceptable: greater than 10,000 cy/ac. Grading quantities for the project are balanced and result in an acceptable grading volume of 4,333 cy/ac. Slope Height Manufactured slopes may not exceed 40 feet in height, unless an exclusion is provided pursuant to CMC Section 21.95.150, or a modification is granted pursuant to CMC Section 21.95.160. The project complies with this standard in that none of the proposed manufactured slopes extend to or exceed 40 feet in height. Contour Grading The Hillside Development Regulations require that all manufactured slopes which are greater than 20 feet in height and 200 feet in length and which are located adjacent to, or are substantially visible from, a circulation element roadway, collector street, or useable public open space area shall be contour graded. The project complies with this standard in that all the proposed manufactured slopes that are over 20 feet in height and 200 feet in length are contour graded to follow the general outline of the slopes below. Screening of Manufactured Slopes The Hillside Development Regulations require that all manufactured slopes be landscaped in accordance with the City's Landscape Manual. Except for the perimeter slopes located within the 20-foot upland habitat buffer adjacent to the open space preserve, which are to be planted with naturalizing species to avoid the introduction of invasive plant species to adjacent natural areas, all manufactured slopes will be landscaped in-accordance with the City's Landscape Manual. Roadway Design The Hillside Development Regulations require that hillside roadway design be consistent with the City's Hillside Development Guidelines. Accordingly, hillside roadways should follow the natural hillside landform and avoid large notches in ridgelines, or by defining wide, straight alignments. For this project, the point of ingress for the private street ending in a cul-de-sac is established by the previously approved subdivision to the north at the terminus of Twain Avenue. The alignment was set to meet engineering design standards and minimize disturbance of the natural areas to the maximum extent practicable. Because of the unique character of the site, a short private street curving back on itself sharply to a cul- de-sac is proposed to reduce additional grading quantities that would otherwise be associated with a full width public street right-of-way and to avoid the need for individual sewer pumps, which was a major issue with the previously approved subdivision design. In general, the proposed circulation system exhibits a curvilinear street design which generally follows the natural topography, avoids large notches in the ridgeline, and does not greatly alter the physical and/or visual character of the hillside. Hillside Drainage The Hillside Development Regulations, to the extent possible, encourage hillside developments to utilize and enhance natural hillside drainage networks. All project drainage that is generated from the proposed development pads and private street will be directed into open space Lot 15, which is a water quality treatment basin designed and sized to treat this development. Within the basin are two drainage outlets GPA 15-02/ZC 15·03/LCPA 15--05/CT 15--07 /PUD 15-15/CDP 15-53/HDP 15--03/HMP 15-05 (DEV15043)-OCEAN VIEW POINT June 19, 2019 Pa e 13 which will utilize two existing drainage courses on the west side of the project. The outfalls of these drainage pipes, including the headwall and rip-rap dissipators, are located entirely within the development footprint and outside of the 20-foot wide upland habitat buffer. The development infrastructure is designed and engineered such that there will be no net increase of drainage exiting the site into these two existing drainage courses. Additional Standards Future residential development will be required to comply with the remaining standards of the Hillside Development Regulations including hillside and hilltop architecture and slope edge building setback requirements. These items will be reviewed as part of the required Coastal Development Permits for individual home construction. F. McClellan-Palomar Airport land Use Compatibility Plan The project site is located within Review Area 1 of the Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), is within Safety Zone 6, is located outside of the 60-65 CNEL noise contour, and is within the Airport Overflight Notification Area. As stated in the ALUCP Table 111-2 (Safety Compatibility Criteria), residential development is a compatible use without limitations outside of the 60- 65 CNEL noise contours and in Safety Zone 6. The requested land use change was also determined to be consistent With the ALUCP by the Airport Land Use Commission staff on October 25, 2016. Because the project is located within the Airport Overflight Notification Area, the project has been conditioned to record a notice informing future residents that the property is subject to overflight, sight and sound of aircraft operating from the airport. G. lnclusionary Housing Ordinance The proposed project involves the creation of 13 residential lots through a subdivision and must provide affordable housing to lower-income households as specified in the lnclusionary Housing Ordinance {CMC Chapter 21.85). For residential development of seven or more units, not less than fifteen percent of the total units approved shall be constructed and restricted both as to occupancy and affordability to lower- income households. This 13-unit project is therefore responsible for providing two (2) inclusionary units. Since no physical housing is proposed with the subdivision, the applicant has been conditioned to satisfy the inclusionary housing requirement for lower-income households by entering into an Affordable Housing Agreement to provide two (2) affordable housing units either on-site or through an alternative method prior to approval of the final map. By entering into the agreement prior to final map approval, the applicant is providing its fair share of housing affordable to lower income households and is consistent with the lnclusionary Housing Ordinance. H. Habitat Management Plan The City of Carlsbad has an adopted Habitat Management Plan (HMP), which is a comprehensive, citywide, program to identify how the city, in cooperation with the federal and state wildlife agencies, can preserve the diversity of habitat and protect sensitive biological resources within the city while allowing for additional development consistent with the Citys General Plan and its Growth Management Plc1n. In so doing, the Plan is intended to lead to citywide permits and authorization for the incidental take of sensitive species in conjunction with private development projects, public projects, and other activities, which are found to be consistent with the Plan. GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)-OCEAN VIEW POINT June 19, 2019 Pa e 14 The HMP identifies the subject property as a Standards Area (Zone 8) located within the Core 4 Focus Planning Area (FPA). The property is also directly adjacent to an Existing Hardline Preserve Area along a portion of its northern boundary, as well as along all of its southern and western boundaries. The HMP Zone 8 Conservation Goals require that developments ensure a no net loss of wetland habitats and minimize loss of sensitive upland habitats within the Core 4 FPA, especially occupied coastal sage scrub, The Goals are also intended to conserve major and critical populations of HMP species habitats and Narrow Endemic species within the zone as well as continuity of sensitive upland habitats across the zone from southeast to northwest. Protection of coastal sage scrub (CSS) in the Coastal Zone is of particular importance in the Standards Areas, and therefore 67 percent of existing CSS is required to be conserved. The HMP Zone 8 Planning Standards for the subject property require that the development avoid impacts to any identified Narrow Endemic plant populations. Impacts to CSS and southern maritime chaparral habitats also shall be avoided, with impacts limited to smaller fragments, edges, lower quality areas, and areas devoid of sensitive species. The subject property is allowed a maximum of 25 percent of the parcel for development purposes and shall place development on the least environmentally sensitive portion of the property. The HMP also identifies mitigation ratios for impacts to habitat types identified as sensitive, and furthermore allows for impacts to disturbed lands (Group F Habitat) to be mitigated through the payment of an in-lieu mitigation fee. A Biological Resources Letter Report and Impact Analysis for the Ocean View Point project study area was prepared by Dudek (January 29, 2019). The report identified direct impacts to 4.13 acres of CSS (Habitat Group C) and 0.51 acres of disturbed land (Habitat Group F) onsite. Impacts to Habitat Group C will be mitigated at a 2:1 ratio, including a 1:1 creation/substantial restoration component. These impacts will be mitigated with 6.17 acres ofonsite and offsite creation/substantial restoration ofCSS habitat and 18.63 acres of offsite enhancement (resulting in 2.49 acres of enhancement credit). All mitigation will occur within the Coastal Zone onsite and offsite. Impacts to Habitat Group F will be satisfied through payment of an in-lieu mitigation fee. More than 75 percent of the property is being preserved within the open space preserve Lot 14 (16.54 acres), and the project will conserve 72.8 percent of the CSS and 100 percent of the gnatcatchers onsite. There are no identified Narrow Endemic plant populations, oak woodland, streams, ephemeral streams, or wetlands occurring onsite. Final design of the project was reached with extensive involvement and input by the Wildlife Agencies. Analysis of the project's consistency with the HMP, disclosure of the biological impacts (both direct and indirect), and inclusion of mitigation measures to reduce the associated project impacts are fully discussed and included within the Environmental Impact Assessment Form -Initial Study (EIA), Addendum (ADDM) and Mitigation Monitoring and Reporting Program (MMRP) attached to Planning Commission Resolution No. 7337. The project mitigation provides for a no-net-loss of CSS in the Coastal Zone. The project is conditioned to record a restrictive covenant over the open space preserve lot; select a conservation entity to manage the open space preserve lot; prepare a property analysis record (PAR) to estimate the cost of managing the open space preserve lot; provide a non-wasting endowment based on the PAR; and preparation of a preserve management plan to ensure adequate management of the open space preserve lot in perpetuity. Because the project site is located within a proposed Standards Area, concurrence from the California Department of Fish and Wildlife (CDFW) and the United States Fish and Wildlife Service (USFWS), collectively referred to as the Wildlife Agencies, is required. The final design of the project was reached with extensive involvement and input by the Wildlife Agencies, and an HMP Consistency Determination from the Wildlife Agencies was received on March 15, 2019 acknowledging the project's consistency with the HMP. GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/CDP 15-53/HDP 15--03/HMP 15-05 (DEV15043) -OCEAN VIEW POINT June 19, 2019 Pa e 15 I. Growth Management Ordinance The proposed project is located within Local Facilities Management Zone 8 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 Table "D" below. TABLED -GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration 45.98 square feet Yes Library 24.52 square feet Yes Waste Water Treatment 13 EDUs (Equivalent Dwelling Units) Yes Parks 0.09 acre Yes Drainage 56 CFS (Cubic Feet Per Second) Yes Circulation 130 ADT (Average Daily Trips) Yes Fire Stations No. 3 ands Yes Open Space 16.54 acres (preserved)/16,847 (HOA maintained) Yes Schools Carlsbad (E=4.60/M=l.35/HS = 1.25) Yes Sewer Collection System 13EDUs Yes Water 7,150 GPO (Gallons Per Day) Yes The project includes a request to withdraw and allocate eight (8) excess dwelling units, which were previously deposited by the Kirgis Subdivision (CT 02-06), The property constraints analysis indicates that there is a total of 13.3 net developable acres within the 21.9-acre property, which would yield up to 13 dwelling units at the existing Zone's (R-1.S) Growth Management Control Point (GMCP) of one (1) dwelling unit per acre (du/ac). Furthermore, a constraints analysis covering only the 5.4-acre portion that is proposed for development indicates that of those 5.4 acres, there are 4.8 net developable acres. Applying the project's proposed General Plan Land Use designation of R-4 (O -4 du/ac, 3.2 du/ac GMCP) to the 4.8 net developable acres would allow for up to 15 dwelling units on the site. The requested 13 dwelling units is below the R-1 yield of the proposed R-4 GMCP yield of 15. IV. 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 proje~ could have any potentially significant impacts on the environment. The environmental impact assessment identified potentially significant impacts to both Biological Resources and Cultural Resources. Mitigation measures have been incorporated into the design of the project and the Mitigation Monitoring and Reporting Program (MMRP) such that all potentially significant impacts will be mitigated to below a level of significance. A comment letter was received from the San Luis Rey Band of Mission Indians dated March 29, 2016 in response to the City's notification of the project pursuant to California Senate Bill (SB) 18 and Assembly Bill (AB) 52. As a result of the comment letter received, mitigation measures for cultural resources have been incorporated at the request of the San Luis Rey Band of Mission Indians. A Notice of Intent to adopt a Mitigated Negative Declaration (MND) and MMRP was published in the newspaper and filed with the State Clearinghouse (SCH#2016051007) for a 30-day public review period GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043)-OCEAN VIEW POINT June 19, 2019 Pa e 16 from May 3, 2016 to June 3, 2016 and extended to June 20, 2016. No comments from the public or state agencies were received during the public review period. An analysis of the project's consistency with the City's Habitat Management Plan (HMP) was prepared and submitted for review to the Wildlife Agencies in letters dated July 28, 2016, September 10, 2018 and February 12, 2019. An HMP Consistency Determination from the Wildlife Agencies was received on March 15, 2019 acknowledging the project's consistency with the HMP. Minor project design changes, as well as minor revisions to the Biological Resources Mitigation Measures, were required for HMP consistency. The main project design changes relating to the HMP consistency determination included a reduction in the overall development impact footprint area to accommodate a 20-foot-wide upland habitat buffer required to be located between the proposed open space conservation lot (Lot 14) and the toe of graded slopes associated with the proposed residential lots. Additional mitigation was also added to fully address the Coastal Zone's no-net-loss criteria relating to coastal sage scrub impacts. An addendum has been prepared in accordance with Section 15164 of CEQA to address these minor changes. These changes have no new significant environmental effects not otherwise analyzed in the previously circulated MND, and none of the circumstances requiring recirculation or a subsequent Mitigated Negative Declaration under CEQA Guidelines Section 15162 exist. ATTACHMENTS: 1. Planning Commission Resolution No. 7337 (MND) 2. Planning Commission Resolution No. 7338 (GPA 15-02/ZC 15-03/LCPA 15-05) 3. Planning Commission Resolution No. 7339 (CT 15-07/PUD 15-15/CDP 15-53/ HOP 15-03/HMP 15-05) 4. Location Map 5. Planned Development Compliance Table C 6. Planned Development Compliance Table D 7. City Council Policy 66 -Livable Neighborhoods Compliance Table 8. Disclosure Statement 9. Reduced Exhibits 10. Exhibits "A" -"M" dated June 19, 2019 PROJECT NAME: MITIGATED NEGATIVE DECLARATION OCEAN VIEW POINT ( City of Carlsbad PROJECT NO: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/ HDP 15-03/HMP 15-05 (DEV15043) PROJECT LOCATION: Southern terminus of Twain Avenue PROJECT DESCRIPTION: The proposed project consists of the subdivision and development of a 21.9-acre previously subdivided property into 13 single-family residential lots (Lots 1-13}, one {1} private street lot (Lot 16), one (1) open space fot for water quality treatment (Lot 15), one (1) open space lot for passive community recreation (Lot 17), one (1) open space lot for community landscape (Lot 18), and one (1) 16.54-acre lot for permanently preserved open spc1ce (Lot 14). The proposed residential lots vary in size from 10,353 square feet to 19,660 square feet with an average lot size of 13,480 square feet. The proposed subdivision requires a General Plan Amendment, Zone Change, and Local Coastal Program Amendment to change the land use on a 5.4-acre portion of the 21.9-acre property from R-1.5 Residential to R-4 Residential and to change the zoning from One-Family Residential (R-1-30,000) to One-Family Residential (R-1}. In addition, the project requires a Tentative Tract Map (CT} for the proposed subdivision of land, a Planned Development Permit (PUD) for a private street (Twain Court) with gated entry, a Coastal Development Permit (CDP} for grading and infrastructure development within the Coastal Zone, a Hillside Development Permit (HDP} for hillside grading, and a Habitat Management Permit (HMP) for habitat disturbances. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the Initial Study identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: cg] Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. D The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analy~ed 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. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). D 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. Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax A copy of the Initial Study documenting reasons to support the Mitigated Negative Declaration is on file in the Plahning Division, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: June 19, 2019, pursuant to Planning Commission Resolution No. 7337 ATTEST: Teri Delcamp Principal Planner ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/ EXHIBIT "ADDM" CDP 15-53/HDP 15-03/HMP 15-05 {DEV15043} -OCEAN VIEW POINT The purpose of this.Addendum to the Mitigated Negative Declaration is two-fold. The Addendum reflects minor design changes to the project as well as describes revisions to the Mitigation Monitoring and Reporting Program associated with the Ocean View Point project resulting from consultation with the Wildlife Agencies and the California Coastal Commission staff during the HMP consistency review period. The Addendum also makes a determination that these minor design changes to the project and minor revisions to the Mitigation Monitoring and Reporting Program do 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. The main project design changes relating to the HMP consistency detertnination include a reduction in the overall development impact footprint area to accommodate a 20-foot-wide upland habitat buffer which is required to be located between the proposed open space conservation lot (Lot 14) and the toe of graded slopes associated with the proposed residential lots. Also added were two additional open space lots, one of which is for passive community recreation (Lot 17) and the other is for community landscape (Lot 18). The combination of changes resulted in a reduction in the size of the proposed development impact area, a reduction in the size of the residential lots, and a revision to two drainage outfall points so as to be relocated entirely within the development footprint and outside of the upland habitat buffer. Also, the original mitigation for coastal sage scrub impacts was only accounting for half of the 2:1 mitigation that is required. Additional mitigation has now been added to fully achieve the Coastal Zone's no-net-loss criteria relating to coastal sage scrub impacts. The following Biological Resources Mitigation Measures No. 1-16 replace Biological Resources Mitigation Measures No.1-15 in their entirety as listed in the Mitigation Monitoring and Reporting Program originally circulated for public review (SCH#2016051007): 1. A minimum 67% of the total Diegan coastal sage scrub onsite (10.18 acres) shall be conserved within the project open space lot. · 2. 75% of the project gross land area shall be preserved and protected by an open space easement. 3. A minimum 20-foot upland buffer shall be established between the development and the onsite preserve. 4. Impacts to 4.13 acres of coastal sage scrub {CSS) shall be mitigated at a minimum 2:1 ratio, including a 1:1 creation/substantial restoration component. Mftigation shall consist of 6.17 acres of creation/substantial restoration of CSS habitat (meeting the no-net-loss standard) and 18.63 acres of off-site enhancement (resulting in 2.49 acres of enhancement credit) of CSS. All mitigation shall occur within the Coastal Zone onsite and offsite. EXHIBIT "ADDM" a. Onsite mitigation consists of 0.11 acre of creation/substantial restoration and 0.45 acre of restoration. b. Offsite mitigation consists of: i. Emerald Pointe Preserve (APN 212-250-16-00), 0.87 acre of creation/substantial restoration and 0.49 acre of restoration/enhancement. ii. Shorepointe Preserve (APN 215-074-22-00), 3.27 acres of creation/substantial restoration and 1.23 acres of restoration/enhancement. iii. Batiquitos Lagoon Ecological Reserve (Mitsuuchi Property, APN 216-121-17-00), 1.92 acres of creation/substantial restoration and 0.32 acre of restoration/ en ha nceme nt. 5.. Prior to final map approval, or issuance of a grading permit or clearing of any habitat, whichever occurs first, the Developer shall take the following actions to the satisfaction of the City and resource agencies in relation to the onsite open space lot and offsite mitigation areas which are being conserved for natural habitat in the conformance with the City's Habitat Management Plan: a. The Mitsuuchi Property (adjacent to the Batiquitos Lagoon Ecological Reserve) was purchased with federal Endangered Species Act Section 6 grant funding, allocated by the California Wildlife Conservation Board (WCB) with matching funding from the California Coastal Conservancy. The subgrant deed forth is property states that the property cannot be used for mitigation. However, the subgrant agreement can be amended to allow mitigation at the discretion of the California Coastal Conservancy and the WCB. Prior to approval of this property being used to satisfy substantial restoration/restoration mitigation obligations of the Project, (i) the landowner/developer must provide documentation from the California Coastal Conservancy and WCB stating that the subgraht deed has been amended to allow Project-related mitigation on the Mitsuuchi property, and (ii) California Coastal Commission must approve the mitigation as a requirement of the Coastal Development Permit. b. Submit a final mitigation plan (conceptual restoration plan) for all onsite and offsite mitigation areas. This plan, including on-the-ground verification, must be approved by the city and resource agencies. c. Select a conservation entity for each off site mitigation area and on site open space · lot, subject to approval by the City, that possesses qualificatlon to manage these areas for conservation purposes. d. Submit a final a Preserve Management Plan for each offsite mitigation area and onsite open space lot, which shall ensure adequate management of these areas in perpetuity. e. Submit a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of each offsite mitigation area and onsite open space lot in perpetuity in accordance with the requirements of the HMP. EXHIBIT "ADDM" Although Emerald Pointe is already funded for long-term management, additional long- term funding for the mitigation area associated with the Ocean View Pointe project shall be required to maintain this area to HMP standards. The Mitsuuchi property shall also require additional management funding to insure the area is managed to HMP standards. f . Based on the results of the final PAR for each mitigation area/open space lot, fund non- wasting endowments in an amount sufficient for management and monitoring of the offsite mitigation areas and onsite open space lot in perpetuity based on the approved PAR/cost estimate. Separate funds must be established for each preserve (i.e., Ocean View Pointe, Shorepointe, Emerald Pointe, and Mitsuuchi). long-term management funds for mitigation areas that already have an established endowment account can be paid into that existing account. g. Obtain approval of the United States Fish and Wildlife Service (USFWS), California Department of Fish and Wildlife (CDFW), and California Coastal Commission (CCC) for the restoration plan(s), preserve management plans, PARs, and endowments for all onsite and offsite mitigation areas/open space lot consistent with the most current Biological Resources letter Report and Impact Analysis, or as otherwise approved by the City, USFW, CDFW, and CCC. h. Permanently protect all mitigation areas by establishing conservation easements, as defined in California Civil Code Section 815.1, over all offsite mitigation areas and the onsite open space lot for the conservation, protection, and management of native species and habitats consistent with the HMP and approved by the resource agencies and the city. Proof of recordation shall be provided to the jurisdictional city prior to land disturbance. 6. To mitigate for indirect impacts to vegetation communities the following measures shall be noted on the grading plans and implemented as part of this project: a. All site preparation and construction activities shall incorporate standard BMPs, including, but not limited to, straw bales, gravel bags, sand bags, the periodic watering of bare areas, and the direction of construction area drainage to existing storm drain facilities. b. During construction, material stockpiles shall be placed such that they cause minimal interference with on-site drainage patterns. Silt fencing and other silt containment devices shall be installed, where necessary, to prevent off-site transport of sediment and pollutants. c. Equipment storage, fueling, and staging areas shall be located on disturbed upland sites with minimal risk of direct drainage into sensitive habitats. These designated areas shall be located in such a manner as to prevent any runoff from entering sensitive habitat. All necessary precautions shall be taken to prevent the release of cement or other toxic substances into surface waters. All project-related spills of hazardous materials shall be reported to the City and shall be cleaned up immediately, and contaminated soils shall be removed to approved disposal areas. EXHIBIT "ADDM" d. No plant species listed as problematic and/or invasive by the California Invasive Plant Council (formerly the California Exotic Pest Plant Council) or State of California shall be employed or allowed to naturalize or persist on the site. No plant species listed as a "noxious weed" by the State of California or federal government shall be used in the property. These requirements shall be reflected on the Final Landscape Plans and project CC&R's. e. A qualified City-approved project biologist shall be retained to review grading plans (e.g., all access routes and staging areas) and monitor construction activities throughout the duration of the proposed project to ensure that all practicable measures are being employed to avoid incidental disturbance of habitat and any target species of concern outside the project footprint. f. Construction monitoring reports summarizing how the project is in compliance with applicable conditions shall be completed and provided to the City. The project biologist shall be empowered to halt work activity if necessary and to confer with City staff to ensure the proper implementation of species and habitat protection measures. g. Any habitat destroyed that is not in the identified project footprint shall be disclosed immediately to the City, USFWS, and CDFW, and shall be compensated at a minimum ratio of 5:1. h. Access to and from the site shall be located along existing access routes or disturbed areas to the greatest extent possible. All access routes outside of existing roads or construction areas shall be clearly marked. i. Construction employees shall limit their activities, vehicles, equipment, and construction materials to the fenced project footprint. j. Upon project completion, signage should be included in the sensitive habitat areas, where determined appropriate, for the purpose of identifying adjacent habitats and educating residents on the importance of staying on designated trails/paths, disposing trash properly, and reducing fire hazards. 7. A water pollution and erosion control plan that describes sediment and hazardous materials control, dewatering or diversion structures, fueling and equipment management practices, and other factors deemed necessary by reviewing agencies shall be developed to mitigate any potential impacts to special-status plants occurring within the impact footprint. Erosion control measures shall be monitored on a regularly scheduled basis, particularly during times of heavy rainfall. Corrective measures shall be implemented in the event erosion control strategies are inadequate. Sediment/erosion control measures shall be continued at the project site until such time as the revegetation efforts are successful at soil stabilization. 8. The footprint of disturbance to Nuttall's scrub oak shall be minimized to the maximum extent feasible and shall be specified in the construction plans. Construction limits shall be delineated with orange fencing, which shall be maintained until the completion of all construction activities. All employees shall be instructed that their activities, vehicles, EXHIBIT "ADDM'' equipment, and construction materials are restricted to the proposed project footprint, designated staging areas, and routes of travel. 9. To avoid direct and indirect impacts to special-status wildlife species, the following measures shall be noted on the grading plans and implemented as part of this project: a. During project construction, lighting in or adjacent to the conserved area shall not be used, except where essential for roadway, facility use, and safety. If nighttime construction lights are necessary, all lighting adjacent to natural habitat shall be shielded and/or directed away from habitat. b. To avoid attracting predators of the target species of concern, the project site shall be kept as clean of debris as possible. All food-related trash items shall be enclosed in sealed containers and regularly removed from the site. Pets of project personnel shall not be allowed on site where they may come into contact with any listed species. c. A qualified City-approved project biologist shall conduct a training session for all project development personnel prior to proposed activities. At a minimum, the training shall include a description of the target species of concern and its habitats, the general provisions of the Federal Endangered Species Act (FESA) and the Carlsbad Habitat Management Plan (HMP), the need to adhere to the provisions of FESA and the Carlsbad HMP, the penalties associated with violating the provisions of FESA, the general measures that are being implemented to conserve the target species of concern as they relate to the project, access routes, and project site boundaries within which the project activities must be accomplished. d. The monitoring biologist shall be on site during any initial clearing of habitat (annual ground cover, shrubs, or trees). The monitoring biologist shall flush sensitive species (avian or other mobile species) from occupied habitat areas immediately prior to brush· clearing and earth-moving activities. e. If dead or injured listed species are located, initial notification must be made within three (3) working days, in writing, to the USFWS Division of Law Enforcement in Torrance, California, and by telephone and in writing to the applicable jurisdiction, the Carlsbad Field Office of United States Fish and Wildlife Service, and the California Department of Fish and Wildlife. f. Exotic species that prey on or displace target species of concern should be permanently removed from the site. 10. Prior to the issuance of a Notice to Proceed for a subdivision, or any construction permits, such as demolition, grading, or building, or beginning any construction-related activity, the City shall verify that the following project requirements regarding nesting raptors, listed species, and migratory birds are shown on the construction plans: a. No clearing, grubbing, grading, or other construction activities shall occur in coastal California gnatcatcher habitat between March 15 and August 15. Between March 15 and August 15, construction noise levels shall not exceed 60 dB(A) hourly average within 500 EXHIBIT "ADDM" feet of occupied coastal California gnatcatcher habitat. Construction noise shall be monitored to maintain a threshold at or below 60 dB(A) hourly average sound level within 500 feet of occupied coastal California gnatcatcher breeding habitat. If noise levels supersede the threshold, the construction array shall be changed, or noise attenuation measures shall be implemented to ensure that noise levels do not exceed the threshold. b. For other bird species, vegetation clearing, and construction should be avoided during the breeding season between January 1 to August 30. If the nesting season cannot be avoided, a qualified biologist shall conduct a pre-construction survey to determine the presence or absence of nesting birds within the proposed area within three calendar days prior to the start of construction activities, including the removal of vegetation. c. If nests are located, they shall be fenced with a protective buffer around the nest. The buffer width for nests of raptors shall be 500 feet. The buffer width for nests of other bird species shall be determined by a qualified biologist based on species biology and approved by the city. All construction activity shall be prohibited within the protective buffer. 11. No exposed wood shall be allowed throughout the project, including gates, fences, decks, etc. Residences shall be constructed with a Class-A type roof, with no vents installed along the westerly side. Residences shall include interior fire sprinklers installed to the satisfaction of the Carlsbad Fire Department. Parking areas and driveways shall be sited and designed to allow for adequate fire department access. No fire buffer impacts or vegetation thinning shall occur within the preserved open space (conservation easement) areas. These requirements shall be reflected on the Final Landscape Plans, Building plans and project CC&R's. 12. To prevent the loss of vegetative cover and address slope stabilization, the project developer shall prohibit bare surface grading for fire control on slopes. The project developer shall also ensure that all areas of habitat revegetation are planted with appropriate landscaping and adequately stabilized (e.g. with a soil binder) after planting to minimize surface erosion. Finally, the project developer shall ensure that surface drainage directed to the preserve areas maintains the existing storm water runoff rate, runoff volume, discharge pattern and is treated and/or detained by appropriate storm water pollution control treatment facilities. These requirements shall be reflected on both the final grading and landscape plans. 13. Temporary habitat protection fencing shall be installed to protect the habitat during grading and construction activities. A qualified City-approved project biologist shall establish the limits of the sensitive habitat in the field prior to grading. The project biologist shall also verify in writing that the habitat protection fence has been appropriately placed and is adequately functioning during site grading. Once grading and construction is completed, the temporary fence shall be removed and a permanent fence to prevent access to conserved areas by domesticated animals (specifically cats) shall be installed in an approved location. The project fencing shall restrict direct human access to the HMP Preserve Area, yet still allow for sensitive species to migrate within the entire HMP Preserve system. The project shall install signs to educate the public about the goals of the HMP Preserve and that prohibit public access to it. Signs shall be limited enough to prevent disturbance to sensitive species. These requirements shall be reflected on the Final Grading, Landscape and Building Plans. EXHIBIT "ADDM" 14. Project lighting in the back yards adjacent to the HMP Preserve areas shall be of the minimum necessary for safety and security and shall be shielded and directed to shine downward and not into the HMP Preserve. This requirement shall be reflected on the Final Landscape Plans, Building plans and project CC&R's. 15. The project developer shall educate homeowners regarding responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild) and include information regarding the potential adverse effects of invasive species used in landscaping and overuse of pesticides and fertilizers. The project developer shall install permanent fencing in areas between housing and the adjacent HMP Preserve to keep pets out of the Preserve Area. For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the HMP Preserve. This requirement shall be reflected in the project CC&R's. 16. The following Best Management Practices {BMPs) shall be added to the construction and final landscaping plans and specifications: a. All graded areas shall be landscaped prior to October 1st of each year with either temporary or permanent landscaping materials, to reduce erosion potential. Such landscaping shall be maintained and replanted if not well-established by December 1st following the initial planting. b. The October 1st grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1st of special erosion control measures designed to prohibit discharge of sediments off-site during and after the grading operation. Extensions beyond November 15th may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit or as an amendment to an existing coastal development permit. c. If any of the responsible resource agencies prohibit grading operations during the summer grading period in order to protect endangered or rare species or sensitive environmental resources, then grading activities may be allowed during the winter by a coastal development permit or permit amendment, provided that appropriate best management practices are incorporated to limit potential adverse impacts from winter grading activities. Date: Teri Delcamp Principal Planner Mitigation Monitoring and Reporting Program PROJECT NAME: OCEAN VIEW POINT PROJECT NO: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15~03/HMP 15-05 (DEV15043) APPROVAL DATE/RESOLUTION NUMBER(S}: -=-T=BD=---------------------r Cityof Carlsbad 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 BI0-1 I A minimum 67% of the total Diegan coastal sage scrub onsite (10.18 acres) shall be conserved within the project open space lot. 810-2 · 75% of the project gross land area shall be preserved and protected by an open space easement. 810-3 A minimum 20-foot upland buffer shall be established between the development and the onsite preserve. 810-4 Impacts to 4.13 acres of coastal sage scrub (CSS) shall be mitigated at a minimum 2:1 ratio, includlng a 1:1 creation/substantial restoration component. Mitigation shall consist of 6.17 acres of creation/substantial restoration of CSS habitat (meeting the no-net-loss standard) and 18.63 acres of off-site enhancement (resulting in 2.49 acres of enhancement credit) of CSS. All mitigation shall occur within the Coastal Zone onsite and offsite. a. Onsite mitigation consists of 0.11 acre of creaUon/substantial restoration and 0.45 acre of restoration. Explanation of Headings Ty.pe = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. 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 information. QI D. > ~ ... C: -g .. c 0 ~ Ongoing Ongoing Ongoing Project I .., C C 0 ., "' ~ "" C: a: ~ C: OI C sf 0 ,:, .. .. C: OI E .>< :. -"' ~ ,.: ~ C D. 0 ·.: Cl. E 0 "' .r: ~§ GI ~o "' "' PLN PLN PLN PLN PLN Planning Division ENG land Development Engineering Division BLOG Building Oivlsfon Page 1 of 1S PROJECT NAME: OCEAN VIEW POINT PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043) .. .. C Q. > C 0 ... ... "' .a "" 00 C ii: :! C C QI C C 2 ·;: E 0 -g E ., s t: C ~ C: C[ 3 ,;:: QI .. MITIGATION MEASURE 0 0 .. 0 .: A E .c ., E .. :E ::i? 0 "' >-a:: b. Offsite mitigation consists of: i. Emerald Pointe Preserve (APN 212-250-16-00), 0.87 acre of creation/substantial restoration and 0.49 acre of I restoration/enhancement. ii. Shorepointe Preserve (APN 215-074-22-00), 3.27 acres of creation/substantial restoration ,ind 1.23 acres of restoration/enhancement. iii. Batiquitos Lagoon Ecological Reserve (Mitsuuchi Property, APN 216-121-17-00), l.92acres of creation/substantial restoration and 0.32 acre of restoration/enhancement. B10-5 Prior to final map approval, or issuance of a grading permit or clearing of any Project PLN/ENG habitat, whichever occurs first, the Developer shall take the following actions to the satisfaction of the City and resource agencies in relation to the onsite open space lot and offsite mitigation areas which are being conserved for natural habitat in the conformance with the City's Habitat Management Plan: a. The Mitsuuchi Property (adjacent to the Batiquitos Lagoon Ecological Reserve) was purchased with federal Endangered Species Act Section 6 grant funding, allocated by the California Wildlife Conservation Board (WCB) with matching funding from the California Coastal Conservancy. The subgrant deed for this property states that the property cannot be used for mitigation. However, the subgrant agreement can be amended to allow mitigation at the discretion of the California Coastal Conservancy and the WCB. Prior to approval of this property being used to satisfy substantial restoration/restoration mitigation obligations of the Project, (i) the landowner/developer must provide documentation from the california Coastal Conservancy and WCB stating that the subgrant deed has been amended to allow Project-related mitigation on the Mitsuuchi property, and (ii) California Coastal Commission must Mitigation Monitoring and Reporting Program Page 2 of 15 PROJECT NAME: OCEAN VIEW POINT PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043) MITIGATION MEASURE approve the mitigation as a requirement of the Coastal Development Permit. b. Submit a final mitigation plan (conceptual restoration plan) fora II onsite and offsite mitigation areas. This plan, including on-the-ground verification, must be approved by the city and resource agencies. c. Select a conservation entity for each offsite mitigation area and onsite open space lot, subject to approval by the City, that possesses qualification to manage these areas for conservation purposes. d. Submit a final a Preserve Management Plan for each offsite mitigation area and onsite open space lot, which shall ensure adequate management of these areas in perpetuity. e. Submit a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of each offsite mitigation area and onsite open space lot in perpetuity in accordance with the requirements of the HMP. Although Emerald Pointe is already funded for long-term management, additional long-term funding for the mitigation area associated with the Ocean View Pointe project shall be required to maintain this area to HMP standards. The Mitsuuchi property shall also require additional management funding to insure the area is managed to HMP standards. f. Based on the results of the final PAR for each mitigation area/open space lot, fund non-wasting endowments in an amount sufficient for management and monitoring of the offsite mitigation areas and onsite open space lot in perpetuity based on the approved PAR/cost estimate. Separate funds must be established for each preserve (i.e., Ocean View Pointe, Shorepointe, Emerald Pointe, and Mitsuuchi). Long-term management funds for mitigation areas that already have an established endowment account can be paid into that existing account. Mitigation Monitoring and Reporting Program .. a. ~ ... C .::: B c 0 ~ .. Ill> C C OI .::: E B t: -"' C a. 0 .. ~Q ., C .. ..: C 0 C ;: 0 s;; VI C 0 ,;:: 5 C ~ e i.:.!! .::: a. "' E >-Page 3 of 15 PROJECT NAME: OCEAN VIEW POINT PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (OEV15043) MITIGATION MEASURE g. Obtain approval of the United States Fish and Wildlife Service (USFWS), California Department of Fish and Wildlife (CDFW), and California Coastal Commission (CCC) for the restoration plan(s), preserve management plans, PARs, and endowments for all onsite and offsite mitigation areas/open space lot consistent with the most current Biological Resources Letter Report and Impact Analysis, or as otherwise approved by the City, USFW, CDFW, and CCC. h. Permanently protect all mitigation areas by establishing conservation easements, as defined in California Civil Code Section 815.1, over all offsite mitigation areas and the onsite open space lot for the conservation, protection, and management of native species and habitats consistent with the HMP and approved by the resource agencies and the city. Proof of recordation shall be provided to the jurisdictional city prior to land disturbance. "' a. ~ ... .g s c 0 ~ B10-6 I To mitigate for indirect impacts to vegetation communities the following Project measures shall be noted on the grading plans and implemented as part of this project: a. All site preparation and construction activities shall incorporate standard BMPs, including, but not limited to, straw bales, gravel bags, sand bags, the periodic watering of bare areas, and the direction of construction area drainage to existing storm drain facilities. b. During construction, material stockpiles shall be placed such that they cause minimal interference with on-site drainage patterns. Silt fencing and other silt containment devices shall be installed, where necessary, to prevent off-site transport of sediment and pollutants. c. Equipment storage, fueling, and staging areas shall be located on disturbed upland sites with minimal risk of direct drainage into sensitive habitats. These designated areas shall be located in such a manner as to prevent any runoff from entering sensitive habitat. All necessary Mitigation Monitoring and Reporting Program "' C C 0 .. "' ., ~ ,. DO C .. C "' C C ~ E 0 't:I CII ~ ~ C CII E +o CII ,. c "' 3: !:: 0 a. 0 .; a. E ~ ., r; f ., Q "' I > 1:1: I I I PLN/ENG Page4of 15 PROJECT NAME: OCEAN VIEW POINT PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043) MITIGATION MEASURE precautions shall be taken to prevent the release of cement or other toxic substances into surface waters. All project-related spills of hazardous materials shall be reported to the City and shall be cleaned up immediately, and contaminated soils shall be removed to approved disposal areas. d. No plant species listed as problematic and/or invasive by the california Invasive Plant Council (formerly the California Exotic Pest Plant Council) or Stateof California shall be employed or allowed to naturalize or persist on the site. No plant species listed as a "noxious weed" by the State of California or federal government shall be used in the property. These requirements shall be reflected on the Final Landscape Plans and project CC&R's. e. A qualified .city-approved project biologist shall be retained to review grading plans (e.g., all access routes and staging areas) and monitor construction activities throughout the duration of the proposed project to ensure that all practicable measures are being employed to avoid incidental disturbance of habitat and any target species of concern outside the project footprint. f. Construction monitoring reports summarizing how the project is in compliance with applicable conditions shall be completed and provided to the City. The project biologist shall be empowered to halt work activity if necessary and to confer with City staff to ensure the proper implementation of species and habitat protection measures. g. Any habitat destroyed that is not in the identified project footprint shall be disclosed immediately to the City, USFWS, and CDFW, and shall be compensated at a minimum ratio of 5:1. h. Access to and from the site shall be located along existing access routes or disturbed areas to the greatest extent possible. All access routes outside of existing roads or construction areas shall be clearly marked. Mitigation Monitoring and Reporting Program ... 110 C C 0/ .: E s t: ·-'" C C. 0 OI ::i:o ~ '" ii: C 0 C 3 0 .,:, .,, C 0 .E C OI ] E t; .!! ·t: a.. OI E ;::, -Page S of 15 PROJECT NAME: OCEAN VIEW POINT PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15~05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043) MITIGATION MEASURE BI0-7 BI0-8 B10-9 i. Construction employees shall limit their activities, vehicles, equipment, and construction materials to the fenced project footprint. j. Upon project completion, signage should be included in the sensitive habitat areas, where determined appropriate, for the purpose of identifying adjacent habitats and educating residents on the importance of staying on designated trails/paths, disposing trash properly, and reducing fire hazards. A water pollution and erosion control plan that describes sediment and Project hazardous materials control, dewatering or diversion structures, fueling and equipment management practices, and other factors deemed necessary by reviewing agencies shall be developed to mitigate any potential impacts to special-status plants occurring within the impact footprint. Erosion control measures shall be monitored on a regularly scheduled basis, particularly during times of heavy rainfall. Corrective measures shall be implemented in the event erosion control strategies are inadequate. Sediment/erosion control measures shall be continued at the project site until such time as the revegetation efforts are successful at soil stabilization .. The footprint of disturbance to Nuttall's scrub oak shall be minimized to the Project maximum extent feasible and shall be specified in the construction plans. Construction limits shall be delineated with orange fencing, which shall be maintained until the completion of all construction activities. All employees shall be instructed that their activities, vehicles, equipment, and construction materials are restricted to the proposed project footprint, designated staging areas, and routes of travel. To avoid direct and indirect impacts to special-status wildlife species, the Project following measures shall be noted on the grading plans and implemented as part of this project: Mitigation Monitoring and Reporting Program 00 t: C a, .: E 2 ~ -.. C Q. 0 Ill ~Q PLN/ENG PLN/ENG PLN/ENG .., C: "' ii: C 0 C: J 0 .s= "' ~ .. E ., a: Page 6 of 15 PROJECT NAME: OCEAN VIEW POINT PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043} GI .,, C a. .c 0 ~ .. ~ "" "° c ii: C C GI C: C ·.:: s€ 0 -g i ... 0 C .,. .. :., ·c -.. 3 I; ..!! MITIGATION MEASURE 0 C a. 0 .; a. E 0 ., .r. ., E "' ~ ~a UI >-= a. During project construction, lighting in or adjacent to the conserved area shall not be used, except where essential for roadway, facility use, and safety. If nighttime construction lights are necessary, all lighting adjacent to natural habitat shall be shielded and/or directed away from habitat. b. To avoid attracting predators of the target species of concern, the project site shall be kept as clean of debris as possible. All food-related trash items shall be enclosed in sealed containers and regularly removed from the site. Pets of project personnel shall not be allowed on site where they may come into contact with any listed species. C. A qualified City-approved project biologist shall conduct a training session for all project development personnel prior to proposed activities. At a minimum, the training shall include a description of the target species of concern and Its habitats, the general provisions of the Federal Endangered Species Act {FESA) and the Carlsbad Habitat Management Plan (HMP), the need to adhere to the provisions of FESA and the Carlsbad HMP, the penalties associated with violating-the provisions of FESA, the general measures that are being implemented to conserve the target species of concern as they relate to the project, access routes, and project site boundaries within which the project activities must be accomplished. d. The monitoring biologist shall be on site during any initial clearing of habitat (annual ground cover, shrubs, or trees). The monitoring biologist shall flush sensitive species (avian or other mobile species) from occupied habitat areas immediately prior to brush-clearing and earth-moving activities. e. If dead or injured listed species are located, initial notification must be made wlthin three (3) working days, in writing, to the USFWS Division of Law Enforcement in Torrance, California, and by telephone and in writing to the applicable jurisdiction, the Carlsbad Field Office of United States Fish and Wildlife Service, and the California Department of Fish and Wildlife. Mitigation Monitoring and Reportlng Program Page 7 of 15 PROJECT NAME: OCEAN VIEW POINT PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043) <I> "' C Q. ~ C .2 RI .. .. ii: "' .. IDO C ... C C <I> C C 'i: .: E 0 -g E "' B s~ C .:,< c -.. 3: -= ~ :u MITIGATION MEASURE 0 C Q. 0 ~ ~ E ~ 0 <I> s= "' E GI ~Q "' >-a:: f. Exotic species that prey on or displace target species of concern should be I permanently removed from the site. B10-10 Prior to the issuance of a Notice to Proceed for a subdivision, or any Project PLN construction permits, such as demolition, grading, or building, or beginning any construction-related activity, the City shall verify that the following project requirements regarding nesting raptors, listed species, and migratory birds are shown on the construction plans: I a. No clearing, grubbing, grading, or other construction activities shall occur in coastal California gnatcatcher habitat between March 15 and August 15. Between March 15 and August 15, construction noise levels shall not exceed 60 dB(A} hourly average within 500 feet of occupied coastal California gnatcatcher habitat. Construction noise shall be monitored to maintain a threshold at or below 60 dB(A) hourly average sound level within 500 feet of occupied coastal california gnatcatcher breeding habitat. If noise levels supersede the threshold, the construction array shall be changed, or noise attenuation measures shall be implemented to ensure that noise levels do not exceed the threshold. b. For other bird species, vegetation clearing, and construction should be avoided during the breeding season between January 1 to August 30. If the nesting season cannot be avoided, a qualified b1o1ogist shall conduct a pre-construction survey to determine the presence or absence of nesting birds within the proposed area within three calendar days prior to the start of construction activities, including the removal of vegetation. c. If nests are located, they shall be fenced with a protective buffer around the nest. The buffer width for nests of rapt ors shall be 500 feet. The buffer width for nests of other bird species shall be determined by a qualified biologist based on species biology and approved by the city. All construction activity shall be prohibited within the protective buffer. Mitigation Monitoring and Reporting Program Page 8 of 15 PROJECT NAME: OCEAN VIEW POINT PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 {DEV15043) QI "' C C. ~ C ] ... "' QI) bll C ii: ~ C C QI C C "' ·.: ·.: E 0 ai e B B t: C ""' :;; ·c ·c ~ ;: i;:: ..!!! E MITIGATION MEASURE 0 0 -~ Q. 0 QI .s: QI E QI ~ ~Q "' >-er: BI0-11 No exposed wood shall be allowed throughout the project, including gates, Project/ PLN/FIRE fences, decks, etc. Residences shall be constructed with a Class-A type roof, Ongoing with no vents installed along the westerly side. Residences shall include interior fire sprinklers installed to the satisfaction of the Carlsbad Fire Department. Parking areas and driveways shall be sited and designed to allow for adequate fire department access. No fire buffer impacts or vegetation thinning shall occur within the preserved open space (conservation easement) areas. These requirements shall be reflected on the Final Landscape Plans, Building plans and project CC&R's. BI0-12 To prevent the loss of vegetative cover and address slope stabilization, the Project/ PLN/ENG project developer shall prohibit bare surface grading for fire control on Ongoing slopes. The project developer shall also ensure that all areas of habitat revegetation are planted with appropriate landscaping and adequately stabilized (e.g. with a soil binder) after planting to minimize surface erosion. Finally, the project developer shall ensure that surface drainage directed to the preserve areas maintains the existing storm water runoff rate, runoff volume, discharge pattern and is treated and/or detained by appropriate storm water pollution control treatment facilities. These requirements shall be reflected on both the final grading and landscape plans. Mitigation Monitoring and Reporting Program Page 9 of 15 PROJECT NAME: OCEAN VIEW POINT PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043) Ill "' C Q. ~ C .g .. ., .., bO C ii: ~ ~ C Ill C C •;: E 0 ,:J .. "' s s ~ C Ill E ~ ·2: C ~ ~ r;: .!!! .. MITIGATION MEASURE 0 0 -;: Q. E 0 .. .s: ., E .. :E :E a "' >-II< B10-13 Temporary habitat protection fencing shall be installed to protect the habitat Project/ PLN during grading and construction activities. A qualified City-approved project Ongoing biologist shall establlsh the limits of the sensitive habitat in the field prior to grading. The project biologist shall also verify in writing that the habitat protection fence has been appropriately placed and is adequately functioning during site grading. Once grading and construction is completed, the temporary fence shall be removed and a permanent fence to prevent access to conserved areas by domesticated animals (specifically cats) shall be installed in an approved location. The project fencing shall restrict direct human access to the HMP Preserve Area, yet still allow for sensitive species to migrate within the entire HMP Preserve system. The project shall install signs to educate the public about the goals of the HMP Preserve and that prohibit public access to it. Signs shall be limited enough to prevent disturbance to sensitive species. These requirements shall be reflected on the Final Grading, Landscape and Building Plans. 810-14 Project lighting in the back yards adjacent to the HMP Preserve areas shall be Ongoing PLN of the minimum necessary for safety and security and shall be shielded and directed to shine downward and not into the HMP Preserve. This requirement shall be reflected on the Final Landscape Plans, Building plans and project CC&R's. 810-15 The project developer shall educate homeowners regarding responsible pet Ongoing PLN ownership (e.g., keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild) and include information regarding the potential adverse effects of invasive species used in landscaping and overuse of pesticides and fertilizers. The project developer shall install permanent fencing in areas between housing and the adjacent HMP Preserve to keep pets out of the Preserve Area. For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the HMP Preserve. This requirement shall be reflected in the project CC&R's. 810-16 The following Best Management Practices (BMPs) shall be added to the Project/ PLN/ENG construction and final landscaping plans and specifications: Ongoing Mitigation Monitoring and Reporting Program Page 10 of 15 PROJECT NAME: OCEAN VIEW POINT PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043) QI "' C C. ~ C -~ ... ra bO bO C 0: !!I C C QI C C ·.::: ·.::: E 0 al ~ "' .s .s 'I:'. C ~ 'i: ·c a 3: Ii:~ "' MITIGATION MEASURE 0 0 ·t: Q. E 0 QI ..c QI E QI ::i: ::i: C "' >-Cl: a. All graded areas shall be landscaped prior to October 1st of each year with either temporary or permanent landscaping materials, to reduce erosion potential. Such landscaping shall be maintained and replanted if not well-.established by December 1st following the initial planting. b. The October 1st grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1st of special erosion control measures designed to prohibit discharge of sediments off-site during and after the grading operation. Extensions beyond November 15th may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit or as an amendment to an existing coastal development permit. C. If any of the responsible resource agencies prohibit grading operations during the summer grading period in order to protect endangered or rare species or sensitive environmental resources, then grading activities may be allowed during the winter by a coastal development permit or permit amendment, provided that appropriate best management practices are incorporated to limit potential adverse impacts from winter grading activities. CUL-1 Prior to the commencement of any ground disturbing activities, the project Project PLN developer shall enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luisef\o tribe. This agreement will contain provisions to address the proper treatment of any tribal cultural resources and/or Luisef\o Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luisef\o Native American monitors and the archaeologist. Mitigation Monitoring and Reporting Program Page 11 of 15 PROJECT NAME: OCEAN VIEW POINT PROJECT NUMBER: GPA 15-02/ZClS-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043) GI .. C Q. C 0 ~ ... .. .. ... OIi C ii: !! C C ti C C ~ .: E 0 "t) G> .., ... 2 t: C GI E ~ c -.. ~ ; G> .. C Q. .: Q. E MITIGATION MEASURE 0 0 G> 0 ..s::. ., E .. ~ ~Q V) >-~ CUL-2 A Luiseno Native American monitor shall be present during all ground Project PLN disturbing activities. Ground disturbing activities may include, but are not be limited to, archaeological studies, geotechnical investigations, clearing, grubbing, trenching, excavation, preparation for utilities and other infrastructure, and grading activities. CUL-3 Any and all uncovered artifacts of Luiseiio Native American cultural Project PLN importance shall be returned to the San Luis Rey Band of Mission Indians, and/or the Most Likely Descendant, if applicable, and not be curated. CUL-4 The Luiseiio Native American monitor shall be present at the project's Project PLN preconstruction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues, as well as consult with the principal archaeologist concern1ng the proposed archaeologist techniques and/or strategies for the project. CUL-5 Luiseno Native American monitors and archaeological monitors shall have Project PLN joint authority to temporarily divert and/or halt construction activities. If tribal cultural resources are discovered during construction, all earth moving ' activity within and around the immediate discovery area must be diverted until the Luiseno Native American monitor and the archaeologist can assess the nature and significance of the find. CUL-6 If a significant tribal cultural resource(s) and/or unique archaeological Project PLN resource(s) are discovered during ground disturbing activities for this project, the San Luis Rey Band of Mission Indians shall be notified and consulted regarding the respectful and dignified treatment of those resources. Pursuant to California Public Resources Code Section 21083.2(b) avoidance is the preferred method of preservation for archaeological and tribal cultural resources. If, however, the Applicant is able to demonstrate that avoidance of a significant and/or unique cultural resource is infeasible and a data recovery plan is authorized by the City of tarlsbad as the lead agency, the San Luis Rey Band of Mission Indians shall be consulted regarding the drafting and finalization of any such recovery plan. Mitigation Monitoring and Reporting Program Page 12 of 15 PROJECT NAME: OCEAN VIEW POINT PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043) a, .. C C. C 0 ?';' ... "' .:; "" ll0 C 0:: ~ -~ C a, C C ·.: E 0 ai e .. .s .s t:: C ~ 'i: ·2 a. 3: i;:: ..!!! "' MITIGATION MEASURE 0 0 ·c: C. E 0 a, .c a, E a, :i: 2 C Ill >-r:r: CUL-7 When tribal cultural resources are discovered during the project, if the Project PLN archaeologist collects such resources, a Luisefio Native American monitor must be present during any testing or cataloging of those resources. If the archaeologist does not collect the tribal cultural resources that are unearthed during the ground disturbing activities, the Luisefio Native American monitor, may in their discretion, collect said resources and provide them to the San Luis Rey Band of Mission Indians for dignified and respectful treatment in accordance with their cultural and spiritual traditions. CUL-8 If suspected Native American human remains are encountered, California Project PLN Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the San Diego County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. Suspected Native American remains shall be examined in the field and kept in a secure location at the site. A Luisefio Native American monitor shall be present during the examination of the remains. If the San Diego County Coroner determines the remains to be Native American, the Native American Heritage Commission (NAHC) must be contacted within 24 hours. The NAHC must then immediately notify the "Most Likely Descendant" of receiving notification of the discovery. The Most Likely Descendant shall then make recommendations within 48 hours and engage in consultation concerning treatment of remains as provided in Public Resources Code 5097.98. CUL-9 In the event that fill material is imported into the project area, the fill shall be Project PLN clean of tribal cultural resources and documented as such. If fill material is to be utilized and/or exported from areas within the project site, then that fill material shall be analyzed and confirmed by an archeologist and Luisefio Native American monitor that such fill material does not contain tribal cultural resources. Mitigation Monitoring and Reporting Program Page 13 of 15 PROJECT NAME: OCEAN VIEW POINT PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/COP 15-53/HDP 15-03/HMP 15-05 (DEV15043) "' .. C Q. ~ C .2 .. .. .. .., 1"I C ii: a C C GI C C B .:::E 0 '0 "' "' s t: C "'E ~ c -"' :I: (;::., .. MITIGATION MEASURE 0 C Q. 0 .::: Q. E 0 ., s:. "'E "' ~ :;E C ~ >-"" CUL-10 No testing, invasive or non-invasive, shall be permitted on any recovered Project PLN tribal cultural resources without the written permission of the San Luis Rey Band of Mission Indians. CUL-11 Prior to the release of the grading bond, a monitoring report and/or Project PLN evaluation report, if appropriate, which describes the results, analysis and conclusions of the monitoring program shall be submitted by the archaeologist, along with the Luisefio Native American monitor's notes and comments, to the City of Carlsbad for approval. Said report shall be subject to confidentiality as an exception to the Public Records Act and will not be available for public distribution. PALE0-1 Prior to any grading on any portion of the project site, a qualified Project PLN paleontologist shall be retained by the City to prepare a Monitoring Plan. A qualified paleontologist is an individual with an MS or PhD in paleontology or geology who is familiar with paleontological procedures and techniques. No Grading Permits shall be issued until the monitoring plan has been approved by the City Planner. PALEO-2 A qualified paieontological monitor shall be present at a pre-grading Project PLN conference with the developer, grading contractor, and the environmental review coordinator. The purpose of this meeting will be to consult and coordinate the role of the paleontologist in the grading of the site. A qualified paleontologist is an individual with adequate knowledge and experience with fossilized remains likely to be present to identify them in the field and is adequately experienced to remove the resources for further study. PALE0-3 A paleontologist or designate shall be present during those relative phases of Project PLN grading as determined at the pre-grading conference. The monitor shall have the authority to temporarily direct, divert, or halt grading to allow recovery of fossil remains. At the discretion of the monitor, recovery may include washing and picking of soil samples for micro-vertebrate bone and teeth. The developer shall authorize the deposit of any resources found on the project I site in an institution staffed by qualified paleontologists as may be Mitigation Monitoring and Reporting Program Page 14 of 15 PROJECT NAME: OCEAN VIEW POINT PROJECT NUMBER: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/CDP 15-53/HDP 15-03/HMP 15-05 (DEV15043) cu "' C C. ~ C :8 ... .. .,,. l>O C ii: ~ C C CU C C ·.::: ·.::: E 0 1l E ~ .s .s t:: C 'i: ·c ~ 3 <.: ..!!! .. MITIGATION MEASURE 0 0 'i: CL E 0 cu .I:! cu E cu ~ :a: Q Ill >-a: determined by the City Planner. The contractor shall be aware of the random nature of fossil occurrences and the possibility of a discovery of such scientific and/or educational importance which might warrant a long-term salvage operation or preservation. Any conflicts regarding the role of the paleontologist and/or recovery times shall be resolved by the City Planner. PALE0-4 If fossils are discovered, the paleontologist (or paleontological monitor) shall Project PLN recover them. In most cases, this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as complete large mammal skeleton) may require an extended salvage period. In these instances, the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovery of small fossil remains, such as isolated mammal teeth, it may be necessary in certain instances, to set up a screen-washing operation on the site. PALE0-5 Fossil remains collected during the monitoring and salvage portion of the Project PLN mitigation program shall be cleaned repaired, sorted, and cataloged. PALE0-6 Prepared fossils, along with copies of all pertinent field notes, photos, and Project PLN maps, shall either be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum or retained by the City and displayed to the public at an appropriate location such as a library or City Hall. PALE0-7 Prior to occupancy of any buildings, a paleontological monitoring report shall Project PLN be submitted to the City Planner and the Carlsbad Historic Preservation Commission. This report shall describe all the materials recovered and provide a tabulation of the number of hours spent by paleontological monitors on the site. Mitigation Monitoring and Reporting Program Page 15 of 15 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION PROJECT NAME: OCEAN VIEW POINT Ccityof Carlsbad PROJ~CT NO: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05 PROJECT LOCATION: Southern terminus of Twajn Avenue PROJECT DESCRIPTION: A subdivision of a 21.9-acres into one 16.6 acre open space lot and on the remaining 5.4 acres the creation of 13 residential lots with an average··1ot size of 14,234 sq. ft:, one private street lot {"Lot C"), and one open space/water quality basin lot ("Lot B"). The project includes a General Plan Amendment to change the property's designation from R 1.5 to R 4, and a.Zone Change from R-1- 30,000 to R-1. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuantto the Guidelines for.Implementation of the California Environr:nental Quality Act {CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the lnJtial study identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals.made by, or agreed to by, the applicant before the proposed Mitigated Negative -----DeE-la-r.at~0A-and-l-nitial-Study-·ar-e-r-e-lea-sefi-f9-r-fHJ-bl.iG-r-ev.ie-w-would--av0~d.:..t1=1e-atfoGt.s-0J:.:mitigats..the--e-ffeGt,,._---- to a point where clearly no significant effect on the environment would occur, and (2) there 1s no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. AVAJLABILITY: A copy of the Initial Study documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008 and is available online at: http:ljwww.carlsbadca.gov/services/depts/planning/agendas.asp. COMMENTS: Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guid•elines, in reviewing Mitigated 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. Written comments regarding the draft Mitigated Negative Declaration should be directed to Christer Westman at the address listed below· or via email to christer.westman@carlsbadca.gov. Comments must be received wJthir.i 30 days of the date of this notice . • t .... The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Christer Westman in the Planning Division at (760) 602-4614. PUBLIC REVIEW PERIOD PUBLISH DATE May 3, 2016 -June 2, 2016 May 3, 2016 Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760~602-4600 I 760-602-8560 fax Initial Study 1. PROJECT NAME: Ocean View Point {_ Cicyof Carlsbad 2. PROJECT.NO: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05 3. LEAD AGENCY: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 4. PROJECT APPLICANT: James Whalen and Associates Attn: Nick Doenges Suite 725 1660 Hotel Circle North San Diego, CA 92108 5. LEAD AGENCY CONTACT PERSON: christer.westman@carlsbadca.gov. Christer Westman Senior Planner (760) 602-4614 6. PROJECT LOCATION: Southern terminus of Twain Avenue 7. GENERAL PLAN LAND USE DESIGNATION: Residential 1.5/Open Space 8. ZONING: R-1-3_0,000/Open Space 9. PROJECT DESCRIPTION: The proposed project is a subdivision of a 21.9-acre lot, APN 212-010-03-00, into 13 residential lots on 5.4 acres, one private street lot ("Lot C"), and one open space/water quality basin lot ("Lot B"); 16.6 acres will remain open space. The proposed residential lots vary in size from 9,698 sq. ft. to 20,720 sq. ft. with an average lot size of 14,234 sq. ft. The proposed subdivision will require a General Plah Amendment to change the property's designation from R 1.5 to R 4, a Zone Change from R-1- 30,000'to R-1, approval of the Tentative Map for the subdivision, a Local Coastal Program Amendment because of the proposed changes to land use designation and zoning, a Planned Development Permit for the private street and non-conforming lot dimensions & building setbacks, a Hillside Development Permit for hillside grading, and a Habitat Management Permit for habitat disturbance. The property is currently undeveloped but has an approved tentative map (CT-02-06) for five 30,000- sq, ft. residential lots, a private street lot, and an open space lot. The proposed project is designed to occupy the same development footprint as CT 02-06, but proposes a boundary adjustment between residential lots and open space to relocate 2,217 sq. ft. of open space. The relocated area of open space is of greater habitat value than the area defined by CT 02-06. 10. ENVIRONMENTAL SETTING/SURROUNDING LAND USES: The proposed project lies at the southern terminus of Twain. Avenue, abutting the Spyglass Hills neighborhood. The Spyglass Hills neighborhood is designated R 4 under the General Plan and zoned R-1. Houses that are part of the Spyglass Hills/Heron Bay residential subdivision are located directly adjacent to the project site to the north, and the residential neighborhood continues north up Twain Av:enue. To the east, down the hill from the project site and across Faraday Avenue, is an office park, and to the south of the project, down the hill and across Faraday, is a golf course. Immediately south and west of the project site is City owned property with General Plan land use designation and Zoning of Open Space (OS) that includes Veteran's Park. January 2016-Initial Study Pro1~ _c Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 11. OTHER REQUIRED AGENCY APPROVALS (i.e., permits, financing approval or participation agreements): The proposed project includes a Local Coastal Program Amendment which requires review by the California Coastal Commission. 12. PREVIOUS ENVIRONMENTAL DOCUMENTATION: Tentative Tract CT 02-06 was approved for the project site and included the adoption of a Mitigated Negative Declaration. 13. SUMMARY OF 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 t he checklist on the following pages. □ Aesthetics □ Greenhouse Gas Emissions □ Population & Housing □ Agriculture & Forestry Resources □ Hazards/Hazardous Materials D Public Services □ Air Quality □ Hydrology/Water Quality □ Recreation IZl Biological Resources □ Land Use & Planning □ Transportation/Traffic IZl Cultural Resources □ Mineral Resources □ Utilities & Service Systems □ Geology/Soils □ Noise □ Mandatory Findings of Significanc Initial Study for the subject project was prepared by: o4 Christer Westman, Senior Planner Januarv 2016 -2-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZClS-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15~05 15. DETERMINATION: (to be completed by Lead Agency) On the basis of this inltial evaluation: D I find that the proposed project COULD NOT have a slgnlflcant effect on the environment, and a NEGATIVE DECLARATION wlll be prepared. ~ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in thls case because the mitigation measures described herein have been added to the project, A MITIGATED NEGATIVE DECLAAATION will be prepared. O r find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORTis required. O I find that the proposed project MAY have a ''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,earller analysis as desctibed herein. A Negative Declaration is required, but it must analyze only the effects that remain to be-addressed. tJ 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 (al have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE OEC::LARATION pursuant to applicable standards ani:l (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. 16, ENVIRONMENTAL DETERMINATION: The initial study for this project has been reviewed and the en ronmental deterrnlnatlon, indicated above, is hereby approved. 17. APPLICANT CONCURRENCE WITH MITIGATION MEASURES: Th1s is to certify that f nave reviewed the mitigation measures In the lnitlal Study and concur with the addition of these measures to the project. ,,~B.~ Date Print Name -3-lnltlal study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No lmpact11 answer is adequately supported, if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mit igation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to·a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEOA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify 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 Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in t he discussion. 8. The explanation of each issue should Identify: a. The significance criteria or threshold, if any, used to evaluate each question; and b. The mitigation measure identified, if any, to reduce the impact to less than significant. January ~Ol 6 -4-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 t -a t .. ., .. .s::. -a. -.. a. E .ii () .5 ~i .. a. --I. AESTHETICS ~ ; 8 C C u ~ l! .. .. .. .S::. V C £~ a. Cc;:: .... 5 -.5 ., ·-~~ ._. C ~ ~'-~ ~~ 0 Would the project; ~ iii ~ z a) Have a substantial adverse effect on a scenic vista? □ □ 181 □ b) Substantially damage scenic resources, Including but not limited to, trees, rock outcroppings, and historic buildings wlthih a State □ □ D 1:81 scenic highway? c) Substantially degrade the existing visual character or quality of the □ □ l&1 □ sfte and its surroundings? d) Create a new source of substantial light and glare, which would □ □ 181 □ adversely affect day or nighttime views in the area? a, c, d) Less than Significant Impact: The project site is located on top of low coastal hills adjacent to an existing single family residential development. Development of the property will change its character from undeveloped to housing, but the site is not part of a designated scenic area and it is adjacent t o existing development visible from surrounding areas. Therefore development of the property with additional housing along with typical residential landscape improvements is considered less than significant. b} No Impact: There are no significant scenic resources on the project site. ~ -a t ., .. .s::. -a. -.. a. E "j () .5 >,= .. a. -t II. AGRICULTURAL AND FOREST RESOURCES* = C C C ~ C C ~ l! ra ~ 8 .. .. .. .S::. V a. C &;: -£i c.: .E .. !!: .5 !! ·a "'C.,; "' C 0 -~ .3 ~ ~ ~~ 0 Would the project: Q. "' z a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared □ □ □ 181 pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson □ D D 181 Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to □ □ D 181 non-agricultural use or conversion of forest land to non-forest use? * /n determining whether fmpocts to agricultural resources are significant environmental effects, lead agencies may refer to the Colifornra Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Deportment of Conservation as on optional model co use in assessing impacts on agriculture and form/and. In determfnlng whether impacts to forest resources are sfgnlficont environmental effects, lead agencies may refer to information compiled by the California Deportment of Forestry and Fire Protect/on regarding the state's Inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project,· dnd fore§t carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.) a-c)No Impact: The project site is not designated as farmland and is not associated with agriculture. Januuy201& -5-Initial Study Ill. Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 ... 'ti tl u "' .c !'l .. Q. ..... Q. E j i; s >~ ... Q. ... ... AIR QUALITY* = C C C ~ C C u -~ ~ n1 ta 8 .. "' "' .c u ,: .c u Q. c <.: ... ~ -I-!!: .§ ., ·-., C ~ ~ ~ "' C 0 -~ "' "" e !l iii ~ ., ·-Would the project: Q. "' ... "' z a) Conflict with or obstruct fmplementation of the applicable air quality plan? □ □ f8l □ b) Violate any air quality standard or contribute substantially to an □ □ igJ □ existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region fs in non-attainment under an applicable federal or state ambient air quality-standard □ □ IZl □ (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d} Expose sensitive receptors to substantial pollutant □ concentrations? □ □ IZl e) Create objectionable odors affecting a substantial number of people? □ □ IZl □ *Where available, the significance criteria established by the applicable air quality management or air pollution control district rn<1y be relied upon to make the following determinations. Local Air Quality: An area is designated in attainment when it is in compliance with the National Ambient Air Quality Standards (NAAQS) (federal) and/or California Ambient Air Quality Standards (CAAQS) (state). These standards are set by the Environmental Protection Agency or the California Air Resources Board for the maximum level of a given air pollutant that can exist in the outdoor air without unacceptable effects on human health or the public welfare. The criteria pollutants of primary concern that are considered in an air quality assessment include ozone (03), nitrogen dioxide (NO2), carbon monoxide (CO), sulfur dioxide {SO2), particulate matter (PM10, and PM2.s), lead and toxic air contaminants. Although t here are no ambient standards for voes or NO., they are important as precursors to 03. The San Diego Air Basin (SDAB) is designated as a marginal nonattainrnent area for the 2008 8-hour NAAQS for 03• The SDAB is designated in attainment for all other criteria pollutants under the NAAQS with the exception of PM10, which was determined to be unclassified. The SDAB is currently designated nonattainment for Q3 and particulate matter, PM10 and PM2.s, under the CAAQS. It is designated as attainment for CAAQS for CO, NO,, SO2, lead and sulfates. a) Less them Significant Impact: The project site is located in the SDAB. The periodic violations of (NAAQS) in the SDAB, particularly for Oa in inland foothill areas, requires that a plan be developed outlining the pollution cont rols 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 by the San Diego County Air Pollution Control District (APCD) with regional growth projections provided by San Diego Association of Governments (SAN DAG). The RAQS outlines the APCD's plans and regulatory control measures designed to attain state air quality standards for ozone. The RAQS, which was initially adopted in 1991, is updated on a triennial basis with the most recent update occurring in April 2009. /anu;ry 2016 Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05 The APCD has also developed the SDAB's input into the State Implementation Plan (SIP) which is required under the Federal Clean Air Act (CAA) for pollutants that are designated as being in nonattainment of national air quality standards for the air basin. The SIP relies on the same information from SANDAG to develop emission inventories and emission control strategies that are included in the attaintnent plan for the air basin. 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 project is within the scope of development that was anticipated in the SANDAG growth projections and Carlsbad's General Plan in 2009 used to develop the RAQS and SIP. Operation of the project will result in emissions that were considered as a part of the RAQS growth projections. As such, the proposed project is not anticipated to conflict with either the RAQS or the SIP. Additionally, the operational emissions from the project are below the screening levels, and subsequently will not violate atnbient air quality standards. b) less than Significant Impact: The APCD operates a network of ambient air monitoring stations throughout San Diego County. Due to its proximity to Carlsbad with similar geographic and climatic characteristics, the Del Mar -Mira Costa College monitoring station concentrations of 8-hour and 1- hour 0 3 are considered most representative of 0 3 in Carlsbad. The Escondido-East Valley Parkway monitoring station is the nearest location where PM10, PM2.s, NO2, and CO concentrations are monitored. The El Cajon -Redwood Avenue monitoring station is the nearest location where SOz concentrations are monitored. Data available for these monitoring sites from 2010 through 2013 indicate that the most recent air quality violations recorded were as follows: the 1-Hour 0 3 concentration did not exceed the state standard any time during the years 2010 through 2013; the 8- Hour 0 3 concentration exceeded the state standard in 2010, 2011, and 2012, and exceeded the federal standard in 2012; the 24-Hour PM10 concentration exceeded the state standard in 2009; the state annual PM10 standard was exceeded in 2013; and the federal standard for 24-Hour PM2,s standard was exceeded in 2012 and 2013. Air quality within the region was in compliance with both CAAQS and NAAQS for NO2, CO, and 502 during this monitoring period. Grading and Construction: The project involves development of the project site with single family homes, which includes emissions associated with grading and construction. Emissions would be rninimized through standard construction measures, storm water pollution prevention plan requirements, Best Management Practices (BMPs), and when applicable, the California Green Building Standards Code that would reduce fugitive dust debris, emissions and other criteria pollutant emissions during grading and construction. Therefore emissions from the construction phase would be minimal, temporary and localized, resulting in pollutant emissions that are not anticipated to significantly contribute to an existing or projected air quality violation. Operations: Vehicle trip emissions associated with travel to and from the project will result in a cumulative total of 130 ADTs. Vehicle trip emissions associated with the project are minimal and not anticipated to significantly contribute to an existing or projected air quality violation. c) l ess than Significant Impact: Air quality emissions associated with the project include emissions from grading and construction, However, grading and construction operations associated with the project would minimize emissions through standard construction measures, storm water pollution prevention plan measures and best management practices, and Green Building Code as noted in b). Other proposed or future projects within the surrounding area were evaluated and none of the projects emit significant amounts of pollutants or exceed AQMD or APCD standards. Operational emissions associated with the project are anticipated to be consistent with the RAQS and SIP and do not exceed APCD standards. J1'1tJ.a,Y 2016 -7-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed p~oject, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15064(h)(3), the proposed project's incremental contribution to the cumulative effect is not cumulatively considerable. Any impact is assessed as less than significant. d) No Impact: Sensitive receptors include schools, hospitals, playgrounds, child care centers, athletic facilities, long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes or other facilities that house individuals with health conditions that would be adversely impacted by changes in air quality. As noted above, the proposed project would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors located in the vicinity of the project. The project itself is not proposed in the vicinity of an existing pollution source that would expose sensitive receptors within the project to pollutants. No impact is assessed. e) Less than Significant Impact: The proposed project could generate objectionable odors from construction, vehicles and/or equipment exhaust from volatile organic compounds, ammonia, carbon dioxide, hydrogen sulfide, methane, alcohols, disulfides, dusts or other pollutants during the construction or operation of the project. Such exposure would be in trace amounts, localized in the immediate area, temporary and would generally occur at magnitudes that would not affect substantial numbers of people. Therefore, impacts associated with odors during construction or operation would be considered less than significant. t; "0 t; ., .J!! ., 0. ~ ~ 0. E ~ 0 .E ~~ ., 0. ., t, IV. BIOLOGICAL RESOURCES ~ ~ 8 C C {!l ~ II ~ II • u C -Ss 0. c<.: ... !!: -.E ~I ~ ~~ '" C .3 ~ 0 Would the project: "-"' s iii :E z 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, □ 181 □ □ pollcles, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in □ □ □ f8) local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish an.d Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but □ D D f8) not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological Interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native □ D D f8) resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? January 2016 -8-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05 t: i:, ~ "' .s:. .s "' 0. :'= ~ 0. E ! g_ .§ ► = ... ... IV. BIOLOGICAL RESOURCES = C C C '-C C V .~ e ,a e s ., "' .. -5,¥ C. Cl;= = r:: .5 .§ I»·-~ ·c...,. Ill •c ,.. .C 0 .!!!I v, ao ·-.,, '"' 0 2l iii :E QI ·-Would the project: Q. .,, _, Ill z e) Conflict with any local policies or ordinances protecting biological D D D [81 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 D D D [81 local, regional, or state habitat conservation plan? a) Less than Significant with Mitigation Incorporated: Five vegetation communities and land cover types were identified within the nearly 21 acre project site. The types include approximately 14.7 acres of undisturbed Diegan coastal sage scrub; 0.5 acres of disturbed Diegan coastal sage scrub; 5.7 acres of Southern maritime chaparral; 0.8 acres of disturbed; and 0.1 acres of developed land. Observed special status plant species included California adolphia, ashy spike-moss, golden-rayed pentachaeta, Nuttall's scrub oak, and wart-stemmed ceanothus. 28 wildlife species, including some urban-ada pted species, were recorded onsite. Most species observed were birds. Two invertebrate and two reptile species were observed. No mammals or amphibians were observed. Observed special status wildlife species included two pairs of California gnatcatcher and a northern harrier. No nests, nesting behavior, or juveniles were observed in the study area. Implementation of the proposed project will result in permanent direct impacts to 5.33 acres of native and non-native vegetation communities and land covers, including 4.61 acres of Diegan coastal sage scrub-coastal form, and 0.19 acre of disturbed Diegan coastal sage scrub-coastal form, 0.48 acres of disturbed and 0.04 acres of developed land. Coastal sage scrub is a sensitive vegetation community under the HMP (Carlsbad Habitat Management Plan (HMP) adopted by the City in November 2004. Direct permanent impacts to Diegan coastal sage scrub and disturbed Diegan coastal sage scrub, will be mitigated according to ratios established by the HMP. Implementation of the proposed project will not result in the loss of any state or federally listed threatened or endangered plant species. The two pairs of California gnatcatchers and northern harrier are highly mobile bird species and are unlikely to be directly impacted by the project. However, avoidance measures will be implemented to avoid impacts during the nesting seasons for these species. b) No Impact: There are no water dependent habitat resources onsite. c) No Impact: There are no wetlands onsite. d) No Impact: The project site is not part of a wildlife corridor. e) No Impact: Other than the Citywide Habitat Management Plan and the General Plan Open Space Element, the City has not adopted local policfes regarding biological resources. f) No Impact: The project is design consistent with the Standards Area criteria established in the Habitat Management Plan. Jonuary 2016 -9-Initial Study V. Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 tl .<:] tl [ "' ·i f Cl. E .E ~~ Ce .. tl CULTURAL/PALEONTOLOGICAL RESOURCES C C ~ ~ .... ,. "' ,. ~ ~ -s ~ Cl. ~~ ~ ·--.E 0 .. ~ ~£ ~ @, 0 Would the project: a.. vi .s vi ~ .s ;;; z a) Cause a substantial adverse change in the significance of a □ historical resource as defined in §15064.5? ~ □ D b) Cause a substantial adverse change in the significance of an D archeological resource pursuant to §15064.5? IZI D □ c) Directly or indirectly destroy a unique paleontological resource □ or site or unique geologic feature? [2S] □ D d) Disturb any human remains, including those interred outside of formal cemeteries? D [gl □ □ a-d) Less than Significant with Mitigation Incorporated: An onsite surface survey was conducted in September 2000. The field survey re-located previously recorded sites CA-501-8793 and CA-5D1-9097. Cobble and cobble flakes, a possible metate fragment, shellfish, and possible pestle fragments were identified. No surface artifacts considered significant were discovered. Further discovery is necessary to determine the presence and extent of cultural, paleontological, and Tribal Cultural Resources. Mitigation measures are proposed which are intended to identify the· presence and extent of onsite resources as well as provide direction as to how any discovered resources will be evaluated for significance and treated. tl "'O tl .. .. .. Cl. .<: -a. ., ,. E 'j ~ .E >= -Cl. -tl VI. GEOLOGY AND SOILS = C C C 0 C C .. .. .. ~ u .. ~ .. ., u a. C <;: £-= .5 ii ~ .E ! ·c: ~ ~.~ "' C 0 -~ ~ .. 0 Would the project: a.. Ill ~ vi ~ ~ vi z a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: j. Rupture of a known earthquake fault, as deltneated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other □ D D IZl substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. il. Strong seismfc ground shaking? □ D □ 181 iii. Seismic-related ground failure, including liquefaction? D D D ~ iv. Landslides? D D □ IZl b) Result in substantial soil erosion or the loss of topsoil? □ D □ ~ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result· □ in on-or off-site landslide, lateral spreading, subsidence, □ □ ~ liquefaction, or collapse? January 2016 -10-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC ~5-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 ... .r: i ti u .. .. a. ..... a. E "j 0 .E >:; C ~ e-... ti VI. GEOLOGY AND SOILS = C C C .... .. "' 0 .. 3 .. ., u -s ~ E a. C 0:: -s 0:: .5 s ·c ~ 1.t .,. c 0~ .... 0 Would the project: Q. Ill ~ iii :E ~ vi z d) Be located on expansive soils, as defined in Section 1802.3.2 of the California Building Code (2007), creating substantial risks to life or D D 181 □ property? e) Have soils Incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers D D D ~ are not available for the disposal of wastewater? a) No Impact: There are no significant known faults located anywhere within the City of Carlsbad. b) No Impact: The majority of the project area will be left in a natural state which includes substantial native growth. No significant soil erosion presently exists onsite. The developed pads portion of the project area will be treated with soil erosion measures including landscaping. c) No Impact: The project area soils are not unstable or have the potential for landslide, liquefaction, or collapse. d) Less than Significant Impact: The site formational materials are generally competent, however, portions of the Santiago Formation were found to possess a "medium" expansive material. The proposed grading and compaction methods will be adequate to address the soils conditions. e) No Impact: The project will include connection to a public sewer system. ti .., ti .. .s::. !I .. a. ..... a. E °3 o .5 >= ... a. ... ti VII. GREENHOUSE GAS EMISSIONS = C :; ; 8 C C ~ G .. :J .. -5 ~ .E a. C 0:: £~ .E ~ ·c ._,, C.,: vi C 0 .!!!> :a .. ·-.... 0 Would the project: Q. 1/1 .... in :E ~ in z a) Generate greenhouse gas emissions, either directly or indirectly, □ □ 181 □ that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for D □ □ ~ the purposes of reducing the emissions of greenhouse gases? a) Less than Significant Impact: The City of Carlsbad Climate Action Plan ("CAP"; 2015) was adopted in 2015. Per the' CAP, t he City has determined that new development projects emitting less than 900 MTC02e annual GHG would not contribute considerably to cumulative climate change impacts, and therefore do not need to demonstrate consistency with the CAP (CAP at 5-16). Within Section 5.3 of the CAP is a guide for determining levels of Greenhouse Gas Emissions for review under CEQA. Table 5-2: Project Rel(iew Thresholds indicates that the threshold for analysis of a project consisting of single-family housing is for those projects that propose over 50 dwelling unit s. The project consists of 13 dwelling units, well below the screening threshold and is not required to be analyzed. Jit!IUifY 2016 -11-Initial Study ,. Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 b) No Impact: Because the project is below the stated threshold of 50 single family homes, a CAP consistency analysis is not required. The project can therefore not conflict with the applicable plan adopted for the purposes of reducing the emissions of greenhouse gases. VIII. HAZARDS AND HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wlldland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wlldlands? a) No Impact: The project will not involve hazardous materials. b} No Impact: The project will not involve hazardous materials. c) No Impact: The project will not involve hazardous materials. ... -0 t: u .. .&; !!! .. Q. ..... Q. E ·3: 0 .E >:: ... Q. ... t: = C: C: C: ~ C: C ~ ~ ,. IS 8 .. .. .. -5 i;: .E £~ Q. C: i;: .§ !C Ill C ..: ., c 0 JP ., .. -., .. 0 Q. "' 2J iii ;ii; ~ vi z □ □ □ 181 □ □ □ l8l □ □ □ IZI □ □ D l8l D D l8l D D D D t8l D □ D 18] D 181 D D d) No Impact: The project site is not listed pursuant to Government Code Section 65962.5. e) Less than Significant Impact: The site is within safety zone 6 which has the least potential for hazard of the six safety zones. -12-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 f) No Impact: The project is not within the vicinity of a private air strip. g) No Impact: No plan involving this site has been adopted or implemented. h) Less than Significant with Mitigation Incorporated: The project site is located at the upper elevations of natural hillsides and is surrounded by natural vegetation. Fire risk is reduced through active maintenance and management of a three tiers Fire Suppression Zones limiting structure development and installation of landscape susceptible to fire. ~ -a -u .. .&;! .. a. -.. a. E ·3 ti .§ >~ -a. -~ IX. HYDROLOGY AND WATER QUALITY = C C C ~ C C i fl "' G 8 .. .. .. £~ a. Cl.: £ <;: .E .§ ~ ·c 11'11 ·c..,; :C o!!P "'oo-.. !!P 0 Would the project: Q, Cl) ~;;; ~ _, Cl) z a} Violate any water quality standards or waste discharge □ □ □ 181 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 □ □ □ 181 water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for w~ich permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, □ □ □ IZl in a manner, which would result in substantial erosion or siltation on-or off-site 7 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially Increase the flow rate or amount (volume) of □ □ □ 181 surface runoff in a manner, which would result in flooding on-or off-site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or □ D □ 181 provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? □ □ □ 181 g} Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or □ □ □ 181 other flood delineation map? h} Place within 100-year flood hazard area structures, which would □ □ □ 181 impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the □ □ □ ~ failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? □ D □ t8l Januarv 2016 -13-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 a) No Impact: The project is designed to satisfy the Regional Water Quality Control Board {RWQCB) standards regarding urban pollutants. The site's storm water treatment has been designed to comply with the RWQCB 2013 Municipal Separate Storm Sewer {MS4) permit. b) No Impact: The project does not include direct access to any groundwater supplies. c) No Impact: Drainage pattern have been established onsite by the nc1tural topography. Development of the site will affect the natural drainage patterns which will be modified to retain urban and storm water onsite thereby reducing or maintaining offsite flows to existing levels. No erosion or siltation 1s anticipated. d) No Impact: Drainage pattern have been established onsite by the natural topography. Development of the site will affect the natural drainage patterns which will be modified to retain urban and storm water onsite thereby reducing or maintaining offsite flows to existing levels. No flooding is anticipated. e} No Impact: Drainage pattern have been established onsite by the natural topography. Development of the site will affect the natural drainage patterns which will be modified to retain urban and storm water onsite thereby reducing or maintaining offsite flows to existing levels. Existing or planned stormwater drainage systems will not be adversely impacted. f) No Impact: The project is designed to satisfy the Regional Water Quality Control Board (RWQCB) standards regarding urban pollutants. The site's storm water treatment has been designed to comply with the RWQCB 2013 Muhicipal Separate Storm Sewer (MS4) permit. g) No Impact: The project site is not within a 100-year flood hazard area. h) No Impact: The project site is not within a 100-year flood hazard area. i) No Impact: The project site is not within a flood hazard area. j) No Impact: The project site is situated 300 feet above mean sea level and is therefore outside of any significant risk of seiche or tsunami. The project site's hilltop location reduces any significant risk of being impacted by mudflow. t: .., t .. .s: !!! "' a. ., "' a. E j 5 .§ >:; .,_ e-., ti x. LAND USE AND PLANNING = C C C 0 C C ~ 5 ,. "' u ... .. .. £ 5 .E £ ,¥ a. cc.: .§ ~ :~ Vt C ..,; V\ ·c ]~~ .B ~ 0 Would the project: a.."' z a) Physically divide an established community? □ □ □ 181 b) Conflict with any applicable land use plan, policy, or regulation of an agency with Jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or D □ ~ □ zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Janu.:.ry 2016 -14-Initial Study x. Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 t: -0 t: "' .::: l!I "' a. ;!:: I! a. E :: 0 .E >, = ., a. ., tl LAND USE AND PLANNING = C :; ~ § C C ~ ~ .. .. .. -5 u C -5 ~ a. Cl;: !t -.E ., ·-., C ~ ~-~ ::i io 0 -~ 21 vi ::E ., ·-0 Would the project: a.."' ... "' z c) Conflict with any applicable habitat conservation plan or natural □ □ □ ~ community conservation plan? a) No Impact: The project site is adjacent to an existing neighborhood of single family detached residences. The project has the potential of becoming part of the existing neighborhood but will not physically divide the neighborhood. b) Less than Significant Impact: The project does include an amendment to the land use and zoning which could be considered a conflict with the General Plan, Zoning Ordinance, and Local Coastal Program. However, each of those documents acknowledge that change is anticipated and that through proper p~ocedure that change is consistent with each of those plans, c) No Impact: The project is designed consistent with the criteria established for a Standards Area and preserves 75% of the gross lot area as open space. tl -0 tl .. ., .. a. .::: -a. -.. .E ! g .E > -... ,._ XI. MINERAL RESOURCES = C: c c '-C C u ~ ~ ni G 8 "' "' "' £~ a. C C.: £ ~ .5 .E QJ ·-vt ·c . 111 'E +-' C 0 ,!!) B ~~ :;i .'l!' 0 Would the project: C.. Vl ..., V, z a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the □ □ □ ~ State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific □ □ □ IZI plan, or other land use plan? a-b) No Impact. Carlsbad is devoid of any non-renewable energy resources of economic value to the region and the residents of the State. Mineral resources within the city are no longer being utilized and extracted as exploitable natural resources. Therefore, no mineral resource impacts will occur as a result of any project. (Comprehensive update to the city's General Plan EIR 13-02, page 3.15-1) .. -0 tl u "' .::: l!I "' a. -.. C. E "j ~ .E >= C C e-.. ., XII. NOISE = C C C: ... ~ 5 ra l'D 8 "' "' "' .t: V C .::: u a. C: ,a: .. ~ -.. ,a: .E Cl/·-"'c ., C ~ &t ~ O.!!!' "' .. 0 Would the project result in: a. 11'1 .3 vi ~ ~ iii z 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? -15-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 t, ,::, t: ,. ~ .!! .. 0. -,. a. E '§ 5 E ~~ -a. C ~ t, XII. NOISE ~ ~ ; ; 8 .... ,. £~.E £~ a. C <.:: E .. -""C..: "'·c -C 0 .. ; .. ·-;.!!' 0 Would the project result in: ... vi ...I ;:;; :E ...I 11'1 z b) Exposure of persons to or generation of excessive groundbourne □ □ □ !81 vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the □ □ C8J □ 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 □ IZI □ □ 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 □ □ □ !81 airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Q For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to □ □ □ 181 excessive noise levels? a) No Impact: The project is the creation of a 13 residential lot subdivision for the future development of single family homes. Noises generated from the future occupied single family residential homes will be consistent with other single family residential neighborhoods which will not exceed the noise standards established in the General Plan. b) No Impact: Typical occupancy of the future single family residential homes will not result in groundbourne vibration or noise levels. c) Less than Significant Impact: The project site area is currently undeveloped. No noise is currently generated. Development of the property with single family residential homes will result in noise generation typical to a single family residential neighborhood and is therefore not considered significant. d) Less than Significant with Mitigation Incorporated: Development of the project area will require the use of heavy machinery and will result in temporary significant noise levels. However, measures will be implemented w hich rest rict the hours of machinery operation during t he day and other maintenance measures to limit the temporary noise levels to the greatest extent feasible. e) No Impact: The project is within the Comprehensive Land Use Plan area for the McClellan-Palomar Airport. The project site is beyond the 65 decibel noise contour and is therefore not considered to be impacted by noise from the airport. f) No Impact: The project is not within the vicinity of a private airstrip. J1nuarv 2016 -16-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 t "0 t "' .. "' a. .c ... a. ., re E 'j l; .E >;; .. a. ... ... XIII. POPULATION AND HOUSING = C: ; ; 8 C C u ~ ~ .. .. .. .c u C: -s ~ C, C 0::: -=-.E ., -"'c +' C ~ fo ~ 0 -~ .... 0 Would the project: I>. "' 2l vi ~ s vi z a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for □ □ 181 □ example, through extension of roads or other Infrastructure)? b) Displace substantial numbers of existing housing, necessitating the □ □ □ 181 construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the □ □ □ f&1 construction of replacement housing elsewhere? a) Less than Significant Impact: A five residential lot subdivision was approved for the project site in 2004. The constraints analysis and land use designations at that time indicated that the property had the potential of developing as a 13 single family residential subdivision. Although a five residential lot subdivision is approved for the property, the applicant has proposed a 13 residential lot subdivision. b) No Impact: No existing housing will be displaced. c) No Impact: No people will be displaced. t -c, t '" .c ~ .. a. ~ (! a. E ! & .E >= ... t XIV. PUBLIC SERVICES = C C C ~ C C ~ :3 "' e s "' ll .. a. C 0:: £ 0:: .E £ c.: .s .. ·-~i~ u, ·c +' C 0 .!!!> §~ 0 Would the project: I>."' ... iii ::1: z a) Result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the ' construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i. Fire protection? □ □ 18] □ ii. Police protection? □ □ 181 □ iii. Schools? □ □ ~ □ iv. Parks? □ □ 181 □ V. Other public facilities? □ □ IZI □ a) Less than Significant Impact: Pursuant to the Local Facilities Management Plan for Zone 8, Public services in the northwest quadrant of the city are sufficient enough to absorb the addition of the proposed 13 lot subdivision. JitOlt.ll"V' 2016 -17-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 t; .., .. ..c: ~ u "' "' Q. .. "' 0. E "j 0 § XV. RECREATION >= C t f-.. .. = C C C V ~ :J m ~ 8 "' "' "' .C u C .cu Q. ~~ .... ~-.. q: § ~ ~-~ VI •c 0 -~ "' .. 0 Q. Ill ~ iii :E ~ vi z a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial □ □ □ 181 physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might □ □ □ IZI have an adverse physical effect on the environment? a) No Impact: The incremental demand on neighborhood and/or regional parks of a 13 residential lot subdivision will not be at a level that would result in significant deterioration of the facility. b) No Impact: Common recreation is not required or proposed for the project. t; .., t; ,. .c ! "' Q. ., ,. 0. § ! ~ § > .. .. t, XVI.TRANSPORTATION/TRAFFIC = C ; ; 8 C C ~ ~ "' :J "' .c u C: Q. C: q: .. ,;: -£c;: § CII •-: -~~ v. ·c ., C 0~ "' .. 0 Would the project: Q. "' ~ iii :E ~ in z 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 □ □ IZl □ of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county □ □ □ IZI congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an Increase in traffic levels or a change in location that results in □ □ □ [81 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 □ □ □ IZl equipment)? e) Result in inadequate emergency access? □ □ □ lg] f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrfan facilities, or otherwise decrease the □ □ □ l8I performance or safety of such facilities? /llnu1ry 2016 -18-Initial Study Proj ect Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 a) Less than Significant Impact. The project will generate 130 Average Daily Trips (ADT) which is an increase of 80 over the ADT assumed for the currently approved 5 residential lot subdivision. This traffic will utilize Hemingway Drive, Whitman Way, Tolkien Way, Twain Avenue to access either Faraday Avenue or Cannon Road. An estimate for existing traffic on this (these) local streets are approximately 380-760 ADT. The design capacities of the local roads affected by the proposed project are a range of between 1,200-10,000 vehicles per day. The project traffic of 130 ADT would represent 15% of the future project plus existing traffic volume and ls within a range of 11% -1.3% respectively of the design capacity of 1,200-10,000 ADT. While the increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project. The proposed project would not, therefore, cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. The impacts from the proposed project are, therefore, less than significant. b) No Impact. In 2009 the congestion management agency (SANDAG) employed an "opt out" option defined in Assembly Bill (AB) 2419. The congestion management program is no longer relevant to development in the City of Carlsbad. c) No Impact. The proposed project does not include any aviation components. It would not, therefore, result in a change of air traffic patterns or result in substantial safety risks. No impact assessed. d) No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City's general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. f) No Impact. The project site is located in area that is not conducive to public transportation. The nearest public transportation is located along the Faraday Avenue and Cannon Road corridors. The project site is adjacent to a link of the City's recreational trail system. ~ .r. j ~ '" .. Q. ~ I!! a. E ~ 0 .§ >:: <: ~ e-.. ~ XVII. UTI LITIES AND SERVICE SYSTEMS = <: <: <: ~ e IV CO 8 .. ~ '" £ u <: a. <:,,: !i: -~5 .E ~~ 11t C ,.; "' <: B~~ "' .. 0 ., -Would the project: 11. Ill _. Ill z a) Exceed wastewater treatment requirements of the applicable □ □ □ 181 Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilittes, the D □ □ IZl construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of □ □ □ {81 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 D □ □ rzi entitlements needed? Janu.1rv 2016 -19-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07/PUD 15-15/HDP 15-03/HMP 15-05 t: .., t: .. a, .. .r. ... a. ... "' a. E '3 s .E >:;:; ... a. C E t: XVII. UTILITIES AND SERVICE SYSTEMS = C ~ 5 8 ~ e ,. e .. a. C <.: £ tot: .E -5 r.: .E ~c t1 -~ ~ ,. c o .!!' .... 0 Would the project: D.."' ~ vi ~ !j iii z e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate □ □ □ ~ capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to □ □ □ 181 accol)"lmodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations □ □ □ l8l related to solid waste? a-g)No Impact: The utilities and service infrastructure is sufficient to accommodate the addition of 13 single family residential homes. No new facilities will be necessary to provide additional capacity. t: .., t: ,. .. "' .r. ... a. ..... a. E '3 s .§ > :;:; C C e-... t: XVIII. MANDATORY FINDINGS OF SIGNI FICANCE = C C C ~ e ra ta 8 ,. .. .. .J; u C £~ a. c c.: ... = -.E !C ,. C .; ~ c 0 .!!:.O 13 ... -.... 0 Would the project: D. Ill ... iii~ ~ vi z 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 D □ 181 □ community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively conslderable" means that the incremental effects of a project are considerable when □ 181 □ D viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or D □ □ lZl indirectly? a) Less than Significant: Development of the project will have some impact to native habitat onsite. The extent of impact, even cumulatively for the region, does not threaten elimination of any plant or animal community. b) Less than Significant w ith Mitigation Incorporated: The impact can be mitigated to a level of less than significant. In addition to the mitigation for the direct impacts, approximately 75% of the entire project property will be left in a natural state and undisturbed. Development of the site as proposed will not have a significant adverse cumulative impact on the region. c) No Impact: The project proposes to development 13 single family resident ial lots adjacent to a single family residential neighborhood of similar characteristics in home and lot size as well as density. As such no adverse effects on human beings are anticipated. -20-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 XIX. LIST OF MITIGATION MEASURES (if applicable) BIOLOGY 1. In order to satisfy the Coastal Zone no-net-loss criteria of the Carlsbad Habitat Management Plan, a minimum of 4.8-acres of Diegan coastal sage scrub habitat shall be created or substantially restored and protected from future development. 2. A minimum 67% of the total Diegan coastal sage scrub onsite (10.18 acres) shall be conserved within the project open space lot. 3. 75% of the project gross land area shall be preserved and protected by an open space easement. 4. No plant species listed as problematic and/or invasive by the California Invasive Plant Council (formerly the California Exotic Pest Plant Council) or State of California shall be employed or allowed to naturalize or persist on the site. No plant species listed as a "noxious weed" by the State of california or federal government shall be used in the property. 5. The footprint of disturbance to Nuttall's scrub oak shall be minimized to the maximum extent feasible and shall be specified in the construction plans. Construction limits will be delineated with orange fencing, which will be maintained until the completion of all construction activities. All employees shall be instructed that their activities, vehicles, equipment, and construction materials are restricted to the proposed project footprint, designated staging areas, and routes of travel. 6. A water pollution and erosion control plan that describes sediment and hazardous materials control, dewatering or diversion structures, fueling and equipment management practices, and other factors deenied necessary by reviewing agencies shall be developed. Erosion control measures shall be monitored on a regularly scheduled basis, particularly during t imes of heavy rainfall. Corrective measures will be implemented in the event erosion control strategies are inadequate. Sediment/erosion control measures will be continued at the project site until such time as the revegetation efforts are successful at soil stabilization. 7. No invasive, exotic plant species as per the California Invasive Plant Council (Ca l-lpc) shall be used in any landscaping areas within the project site. Runoff from the landscaped areas within the project site shall not be allowed to enter the preserve areas without being treated and or detained by appropriate storm water pollution control treatment faciHties. Genetic contamination shall be avoided by keeping areas landscaped with approved plants. No plants that may run the risk of cross breeding with nearby native plants shall be used. These requirements shall be reflected on the Final Landscape Plans and project CC&R's. 8. No exposed wood shall be allowed throughout the project, including gates, fences, decks, etc. Residences shall be constructed with a Class-A type roof, with no vents installed along the westerly side. Residences shall include interior fire sprinklers installed to the satisfaction of the Carlsbad Fire Department. Parking areas and driveways shall be sited and designed to allow for adequate fire department access. No fire buffer impacts or vegetation thinning shall occur within the preserved opeh space (conservation easement) areas. These requirements shall be reflected on the Final Landscape Plans, Building plans and project CC&R's. January 2016 -21-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 9. To prevent the loss of vegetative cover and address slope stabilization, the project developer shall prohibit bare surface grading for fire control on slopes. The project developer shall also ensure that all areas of habitat creation are planted with appropriate landscaping and adequately stabilized (e.g. with a soil binder) after planting to minimize surface erosion. Finally, the project developer shall ensure that surface drainage directed to the preseNe areas maintains the existing storm water runoff rate, runoff volume, discharge pattern and is treated and/or detained by appropriate storm water pollution control treatment facilities. These requirements shall be reflected on both the final grading and landscape plans. 10. Temporary habitat protection fencing shall be installed to protect the habitat during grading and construction activities. A City-approved biologist shall establish the limits of the sensitive habitat in the field prior to grading, and the biologist shall verify in writing that the habitat protection fence has been appropriately placed and is adequately functioning during site grading. Once grading and construction is completed, the temporary fence shall be removed and a permanent fence to prevent access to conserved areas by domesticated animals (specifically cats), shall be installed in an approved location. The project fencing shall restrict direct human access to the HMP Preserve Area, yet still allow for sensitive species to migrate within the entire HMP PreseNe system. The project shall install signs to educate the public about the goals of the HMP Preserve and that prohibit public access to it. Signs shall be limited enough to prevent disturbance to sensitive species. These requirements shall be reflected on the Final Grading, Landscape and Building Plans. 11. Project lighting in the back yards adjacent to the HMP Preserve areas shall be of the minimum necessary for safety and security, and shall be shielded and directed to shine downward and not into the HMP Preserve. This requirement shall be reflected on the Final Landscape Plans, Building plans and project CC&R's. · 12. The project developer shall educate homeowners regarding responsible pet ownership (e.g., keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild). The project developer shall fence areas between housing and the adjacent HMP Preserve to keep pets out of the PreseNe Area. For exotic species control, the project shall not use any non-native, invasive plant species in landscaping adjacent to the HMP Preserve. This requirement shall be reflected in the project CC&R's 13. Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the Developer shall take the following actions to the satisfaction of the City Planner in relation to the open space lot(s) which are being conseNed for natural habitat in conformance with the City's Habitat Management Plan: J>nUarv2Dl6 a. Select a conservation entity, subject to approval by the City, that possesses quallfications to manage the open space lot(s} for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the City Planner and conservation entity, if any, in an amount suffici.ent for management and monitoring of the open space lot(s} in perpetuity. d. Record a Conservation Easement or Restrictive Covenant over the open space lot(s}. -22-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 e. Prepare a Preserve Management Plan which will ensure adequate management of the open space lot{s) in perpetuity. 14. Prior to the issuance of a Notice to Proceed for a subdivision, or any construction permits, such as demolition, grading, or building, or beginning any construction-related activity, the City shall verify that the following project requirements regarding nesting and migratory birds, including raptors, are shown on the construction plans. a. To avoid any direct impacts to nesting or migratory birds, including raptors, removal of habitat that has potential to support active nests should occur outside of the breeding season for these species {February 15 to September 15). If removal of habitat must occur during the breeding season, a qualified biologist shall conduct a pre-construction survey to determine the presence or absence of nesting birds within the proposed area within three calendar days prior to the start of construction activities, including the removal of vegetation. b. If nests of migratory birds or raptors are located, they shall be fenced with a protective buffer of at least 500 feet from active nests of listed species, and 300 feet from other sensitive bird species. All construction activity shall be prohibited within the protective buffer. 15. Prior to the issuance of a Notice to Proceed for a subdivision, or any construction permits, such as demolition, grading, or building, or beginning any construction-related activity, the City shall verify that the following project requirements regarding coastal California gnatcatcher are shown on the construction plans. A. No clearing, grubbing, grading, or other construction activities shall occur between March 15 and August 15, the breeding season of coastal California gnatcatcher, unless the following requirements have been met. a. A biologist possessing a valid Endangered Species Act Section 10(a){l){A) Recovery Permit shall conduct coastal California gnatcatcher surveys within 500 feet of potential breeding habitat in the HMP Preserve that would be subject to construction noise levels exceeding 60 decibels [dB(A)] hourly average. Surveys shall be conducted in accordance with the protocol survey guidelines established by the USFWS (1997). A total of three surveys shall be conducted no less than one week apart, with the last of these surveys occurring no more than three days prior to construction. If coastal California gnatcatchers are present, then the following conditions must be met. i. An analysis showing that noise generated by construction activities would not exceed 60 dB(A) hourly average within 500 feet of occupied habitat shall be completed by a qualified acoustician and approved by the City Manager or designated appointee. Prior to the commencement of construction activities between March 15 and August 15, areas restricted from such activities shall be fenced with a protective buffer under the supervision of a qualified biologist; or -23-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 ii, Between March 15 and August 15, no construction activities shall occur within any portion of the site where construction activities would result in noise levels exceeding 60 dB(A) hourly average within 500 feet of occupied coastal California gnatcatcher habitat. Construction noise shall be monitored to maintain a threshold at or below 60 dB(A) hourly average sound level within 500 feet of occupied coastal California gnatcatcher breeding habitat. If noise levels supersede the threshold, the construction array shall be changed or noise attenuation measures shall be implemented to ensure that noise levels do not exceed the threshold. CULTURAL RESOURCES 16. Prior to the commencement of any ground disturbing activities1 the project developer shall enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luiseiio tribe. This agreemen~t will contain provisions to address the proper treatment of any tribal cultural resources and/or Luisefio Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luisefio Native American monitors and the archaeologist. 17. A Luisefio Native American monitor shall be present during all ground disturbing activities. Ground disturbing activities may include, but are not be limited to, archaeological studies, geotechnical investigations, clearing, grubbing, trenching, excavation, preparation for utilities and other infrastructure, and grading activities. 18. Any and all uncovered artifacts of Luisefio Native American cultural importance shall be returned to the San Luis Rey Band of Mission Indians, and/or the Most Likely. Descendant, if applicable, and not be curated. 19. The Luisefio Native American monitor shall be present at the project's preconstruction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues, as well as consult with the principal archaeologist concerning the proposed archaeologist techniques and/or strategies for the project. 20. Luiseiio Native American monitors and archaeological monitors shall have joint authority to temporarily divert and/or halt construction activities. If tribal cultural resources are discovered during construction, all earth moving activity within and around the immediate discovery area must be diverted until the Luiseiio Native American monitor and the archaeologist can assess the nature and significance of the find. 21. If a significant tribal cultural resource(s) and/or unique archaeological resource(s) are discovered during ground disturbing activities for this project, the San Luis Rey Band of Mission Indians shall be notified and consulted regarding the respectful and dignified treatment of those resources. Pursuant to California Public Resources Code Section 21083.2(b) avoidance is the preferred method of preservation for archaeological and tribal cultural resources. If however, the Applicant is able to demonstrate that avoidance of a significant and/or unique cultural resource is infeasible and a data recovery plan is authorized by the City of Carlsbad as the lead agency, the San Luis Rey Band of. Mission Indians shall be consulted regarding the drafting and finalization of any such recovery plan. -24-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 22. When tribal cultural resources are discovered during the project, if the archaeologist collects such resources, a Luisefio Native American monitor must be present during any testing or cataloging of those resources. If the archaeologist does not collect the tribal cultural resources that are unearthed during the ground disturbing activities, the Luiseno Native American monitor, may in their discretion, collect said resources and provide them to the San Luis Rey Band of Mission Indians for dignified and respectful treatment in accordance with the their cultural and spiritual traditions. 23. If suspected Native American human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the San Diego County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98{b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. Suspected Native American remains shall be examined in the field and kept in a secure location at the site. A Luiseno Native American monitor shall be present during the examination of the remains. If the San Diego County Coroner determines the remains to be Native American, the Native American Heritage Commission {NAHC) must be contacted within 24 hours. The NAHC must then immediately notify the "Most Likely Descendant" of receiving notification of the discovery. The Most Likely Descendant shall then make recommendations within 48 hours, and engage in consultation concerning treatment of remains as provided in Public Resources Code 5097.98. 24. In the event that fill material is imported into the project area, the fill shall be clean of tribal cultural resources and documented as such. If fill material is to be utilized and/or exported from areas within the project site, then that fill material shall be analyzed and confirmed by an archeologist and Luiseno Native American monitor that such fill material does not contain tribal cultural resources. 25. No testing, invasive or non-invasive, shall be permitted on any recovered tribal cultural resources without the written permission of the San Luis Rey Band of Mission Indians, 26. Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate, which describes the results, analysis and conclusions of the monitoring program shall be submitted by the archaeologist, along with the Luiseno Native American monitor's notes and comments, to the City of Carlsbad for approval. Said report shall be subject to confidentiality as an exception to the Public Records Act and will not be available for public distribution. PALEONTOLOGY 27, Prior to any g·rading on any portion of the project site, a qualified paleontologist shall be retained by the City to prepare a Monitoring Plan. A qualified paleontologist is an individual with an MS or PhD in paleontology or geology who is familiar with paleontological procedures and techniques. No Grading Permits shall be issued until the monitoring plan has been approved by the City Planner. 28. A qualified paleontological monitor shall be present at a pre-grading conference with the developer, grading contractor, and the environmental review coordinator. The purpose of this meeting will be to consult and coordinate the role of the paleontologist in the grading of the site. A qualified paleontologist is an individual with adequate knowledge and experience with fossilized remains likely to be present to identify them in the field and is adequately experienced to remove the resources for further study. Janucuv '2016 -25-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 29. A paleontologist or designate shall be present during those relative phases of grading as determined at the pre-grading conference. The monitor shall have the authority to temporarily direct, divert, or halt grading to allow recovery of fossil remains. At the discretion of the monitor, recovery may include washing and picking of soil samples for micro-vertebrate bone and teeth. The developer shall authorize the deposit of any resources found on the project site in an institution staffed by qualified paleontologists as may be determined by the City Planner. The contractor shall be aware of the random nature of fossil occurrences and the possibility of a discovery of such scientific and/or educational importance which might warrant a long-term salvage operation or preservation. Any conflicts regarding the role of the paleontologist and/or recovery times shall be resolved by the City Planner. 30. If fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases, this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovery of small fossil remains, such as isolated mammal teeth, it may be necessary in certain instances, to set up a screen-washing operation on the site. 31. Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned repaired, sorted, and cataloged. 32. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall either be deposited (as a donation) in a scientific Institution with permanent paleontological collections such as the San Diego Natural History Museum or retained by the City and displayed to the public at an appropriate location such as a library or City Hall. 33. Prior to occupancy of any buildings, a paleontological monitoring report shall be submitted to the City Planner and the Carlsbad Historic Preservation Commission. This report shall describe all the materials recovered and provide a tabulation of the number of hours spent by paleontological monitors on the site. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3){D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Jar,o-:iry 2016 -26-Initial Study Project Name: OCEAN VIEW POINT Project No: GPA 15-02/ZC 15-03/LCPA 15-05/CT 15-07 /PUD 15-15/HDP 15-03/HMP 15-05 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, California, 92008. 1. Final Environmental Impact Report for the City of Carlsbad General Plan (EIR 13-02), City of Carlsbad Planning Division, September 2015. 2. Carlsbad General Plan, City of Carlsbad Planning Division, dated September 2015. 3. City of Carlsbad Municipal Code (CMC), Title 21 Zoning, City of Carlsbad Planning Division, as updated·. 4. Habitat Management Plan for Natural Communities in the City of Carlsbad {HMP), City of Carlsbad Planning Division, dated November 2004. 5. San Diego Regional Airport Authority/San Diego County Airport Lond Use Commission. Mc(;lellan- Palomar Airport Land Use Compatibility Plan (ALUCP). Amended December 1, 2011. 6. Recirculated Mitigated Negative Declaration for Kirgis Tentative Map, City of Carlsbad Planning Department, dated January 191 2003. Environmental Impact Assessment Form -Part If for Kirgis Tentative Map, City of Carlsbad Planning Department, dated January 15, 2003. 7. Carlsbad Climate Action Plan, prepared by Dyett & Bhattia, September 2015. 8. Biology Resources Letter Report and Impacts Analysis, Hynek Property, City of Carlsbad, San Diego County, California, Dudek, September 41 2015. 9. Ocean View Point-Traffic Analysis, Urban Systems Associates, Inc., June 19, 2015. 10. Noise Study for Ocean View Point Carlsbad Tentative Map Residential Development, Ldn Consulting, Inc., June 23, 2015. 11. Updated Geotechnical Investigation Report, Christian Wheeler Engineering, October 10, 2013. Jti,111111,v 2016 -27-Initial Study Exhibit "GPA 15-02" June 19, 2019 GPA 15-02 Ocean View Point OS ©S OS Pl ©S \ QS OS ©S Pl es \ PROPOSED Related Case File No(s): ZC 15-03 / LCPA 15-05 / CT 15-07 / PUD15~5/CDP15~3/HDP15-03/HMP15-05 General Plan Land Use Designation Changes Property From: To: A. 212-272-01-00 R-1.5 R-4 B. 212-272-02-00 R-1.5 R-4 C. 212-272-03-00 R-1.5 R-4 D. 212-272-04-00 R-1.5 R-4 E. 212-272-05-00 R-1.5 R-4 F. 212-272-07-00 OS OS Exhibit "ZC 15-03" June 19, 2019 zc 15-03 Ocean View Point OS Cl>S OS OS EXISTING OS G>S es OS PROPOSED Related Case File No(s): GPA15-02/LCPA15-05/CT15-07/ PUD15~5/CDP15~3/HDP15-03/HMP15-05 Zoning Designation Changes Property From: To: A. 212-272-01-00 R-1-30,000 R-1 B. 212-272-02-00 R-1-30,000 R-1 C. 212-272-03-00 R-1-30,000 R-1 D. 212-272-04-00 R-1-30,000 R-1 E. 212-272-05-00 R-1-30,000 R-1 F. 212-272-07-00 OS OS Exhibit "LCPA 15-05" June 19, 2019 LCPA 15-05 (Land Use) Ocean View Point A. B. C. D. E. F. ©S OS G)S EXISTING GS OS 05 PROPOSED OS 05 L COASTAL ZON ♦ BOUNDARY • : \ L COASTAL ZON e BOUNDARY • • • \ • Related Case File No(s): GPA15-02/ZC15-03/CT15~7/ PUD15~5/CDP15~3/HDP15-03/HMP15-05 LCPA Land Use Designation Changes Property From: To: 212-272-01-00 R-1.5 R-4 212-272-02-00 R-1.5 R-4 212-272-03-00 R-1 .5 R-4 212-272-04-00 R-1.5 R-4 212-272-05-00 R-1.5 R-4 212-272-07-00 OS OS Exhibit "LCPA 15-05" June 19, 2019 LCPA 15-05 (Zoning) Ocean View Point A. B. C. D. E. F. QS P.S OS EXISTING QS OS OS PROPOSED es OS :--- COASTAL ZON BOUNDARY • • • L COASTAL ZON e BOUNDARY • : Related Case File No(s): GPA15-02/ZC15-03/CT15~7/ PU015~5/COP15~3/HDP15~3/HMP15~5 LCPA Zoning Oesignation Changes Property From: To: 212-272-01-00 R-1-30,000 R-1 212-272-02-00 R-1-30,000 R-1 212-272-03-00 R-1-30,000 R-1 212-272-04-00 R-1-30,000 R-1 212-272-05-00 R-1-30,000 R-1 212-272-07-00 OS OS ORDINANCE NO. EXHIBIT X Dated June 19, 2019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENTS TO THE ZONING AND LOCAL COASTAL PROGRAM ZONING MAPS (ZC 15-03/LCPA 15-05) TO ALLOW A ZONE CHANGE FROM ONE-FAMILY RESIDENTIAL 30,000 SQUARE FOOT MINIMUM LOT AREA (R-1-30,000) TO ONE-FAMILY RESIDENTIAL (R-1); AND A LOCAL COASTAL PROGRAM ZONE CHANGE FROM ONE-FAMILY RESIDENTIAL 30,000 SQUARE FOOT MINIMUM LOT AREA (R-1-30,000) TO ONE-FAMILY RESIDENTIAL (R-1) FOR A 5.4-ACRE PORTION OF A 21.9-ACRE PREVIOUSLY SUBDIVIDED PROPERTY GENERALLY LOCATED SOUTH OF THE TERMINUS OF TWAIN AVENUE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: OCEAN VIEW POINT CASE NO.; ZC 15-03/LCPA 15-05 (DEV15043) WHEREAS, OCEAN VIEW-CARLSBAD, LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Lots 1 through 7, inclusive, of City of Carlsbad Tract No. CT 02-06, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 16265, filed in the Office of the County Recorder of San Diego County on April 27, 2018 ("the Property"); and WHEREAS, said verified application constitutes a request for a Zone Change and Local Coastal Program Amendment as shown on Exhibits "ZC 15-03" and "LCPA 15-05" -OCEAN VIEW POINT dated June 19, 2019, attached hereto and made a part hereof; and WHEREAS, the City Council did, on the __ day of ______ ~ 2019, hold a duly noticed public heqring as prescribed by law to consider said request; and WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council considered all factors relating to the "ZC 15-03/LCPA 15-05-OCEAN VIEW POINT." NOW, THEREFORE1 BE IT RESOLVED that the City Council of the City of Carlsbad, California, does ordain as follows: 1. The above recitations are true and correct. 2. That Section 21.05.030 of the Carlsbad Municipal Code, being the Zoning Map and the Local Coastal Program Zoning Map, are amended as shown on the maps marked "ZC 15-03 -OCEAN VIEW POINT" and "LCPA 15-05 -OCEAN VIEW POINT" dated June 19, 2019, attached hereto and made a part hereof. 3. That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7338 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until LCPA 15-05 is approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ___ day of _______ _, 2019, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the ___ day of _________ ~ 2019, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN : APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) Exhibit "ZC 15-03" June 19, 2019 zc 15-03 Ocean View Point OS OS OS OS · EXISTING OS @S OS OS \ PROPOSED Related Case File No(s): GPA15-02/LCPA15-05/CT15-07/ PUD 15-15 /,COP 15-53 / HDP 15-03 / HMP 15-05 Zoning Designation Changes Property From: To: A. 212-272-01-00 R-1-30,000 R-1 B. 212-272-02-00 R-1-30,000 R-1 C. 212-272-03-00 R-1-30,000 R-1 D. 212-272-04-00 R-1-30,000 R-1 E. 212-272-05-00 R-1-30,000 R-1 F. 212-272-07-00 OS OS Exhibit "LCPA 15-05" June 19, 2019 LCPA 15-05 (Zoning) Ocean View Point A. B. C. D. E. F. es 05 QS EXISTING ()5 OS QS PROPOSED OS OS L COASTAL ZON e BOUNDARY ! \ L COASTAL ZON e BOUNDARY • • • • • • Related Case File No(s): GPA15-02/ZC15-03/CT15-07/ PUD15~5/CDP15~3/HDP15-03/HMP15-05 LCPA Zoning Designation Changes Property From : To: 212-272-01-00 R-1-30,000 R-1 212-272-02-00 R-1 -30,000 R-1 212-272-03-00 R-1 -30,000 R-1 212-272-04-00 R-1-30,000 R-1 212-272-05-00 R-1 -30,000 R-1 212-272-07-00 OS OS NOT TO SCALE SITE MAP Ocean View Point GPA 15-02 / ZC 15-03 / LCPA 15-05 / CT 15-07 / PUD 15-15 / CDP 15-53 / HOP 15-03 / HMP 15-05 ATTACHMENT NO. 5 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. Per the underlying General Plan designation. When two or more general C.1 Dehsity plan land use designations exist within a planned development, the N/A density may be transferred from one general plan designation to another with a general plan amendment. All dwellihg uhits adjacent to any arterial road shown on the Circulation Element of the General Plan shall maintain the following minimum setbacks from the right-of-way: Prime Arterial 50 Feet Major Arterial 40 Feet Secondary Arterial 30 Feet Carlsbad Boulevard 20 Feet Half (50%) of the required arterial setback area located closest to the Arterial arterial shall be fully landscaped to enhance the street scene and buffer C.2 Setbacks homes from traffic on adjacent arterials, and: N/A • Shall contain a minimum of one 24" box tree for every 30 lineal feet of street frontage; and • Shall be commonly owned and maintained Project perimeter walls greater thah 42 inches in height shall not be located in the required landscaped portion of the arterial setback, except noise attenuation walls that: • Are required by a noise study, and • Due to topography, are necessary to be placed within the required landscaped portion of the arterial setback. Permitted Intrusions Permitted intrusions into required building setbacks shall be the same as into N/A. No homes are currently C.3 Setbacks/ specified in Section 21.46.120 of this code. The same intrusions specified proposed. Building in Section 21.46.120 shall be permitted into required building separation. Separation Minimum right-of-way width 56 feet Twain Court is a private street. A 56-foot right-of-way is provided. A Minimum curb-to-curb width 34 feet 34-foot curb-to-curb width is also provided. Minimum parkway width 5.5 feet, including curb A 10-foot wide parkway is provided (curb adjacent) (including curb) with a 5-foot wide detached sidewalk on one side of C.4 Streets Private the street adjacent to residential lots. The sidewalk is setback 6- 5 feet (setback 6 inches from inches from property line. A 4-foot Minimum sidewalk width wide landscape planter is provided property line) between curb and sidewalk. On the other side of the street, a 12- foot wide parkway is provided, fully landscaped. ATTACHMENT NO. S REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. Minimum right-of-way width 60 feet Minimum curb-to-curb width 34 feet Public Minimum parkway width 7.5 feet, including curb N/A (curb adjacent) Minimum sidewalk width 5 feet (setback 6 inches from property line) A minimum of one (1) street tree A minimum of one street tree per residential lot is planted within One-family dwellings and (24-inch box) per lot is required the parkway along Twain Court per C.4 Streets twin homes on small-lots to be planted in the parkway the conceptual landscape plan. The Street along all streets. project is conditioned to provide Trees 24-inch box size trees. within Street trees shall be spaced no parkways Condominiotn projects further apart than 30 feet on N/A center within the parkway. Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage Complies and minimize water consumption. 3 or fewer Minimum 12 feet wide when the drive-aisle is not required for emergency vehicle access, as determined by the Fire Chief. dwelling If the drive-aisle is required for emergency vehicle access, it units shall be a minimum of 20 feet wide. 4 or more dwelling Minimum 20 feet wide. units No parking shall be permitted within the minimum required width of a drive-aisle. c.s Drive-aisles A minimum 24-foot vehicle back-up/maneuvering area shall be N/A provided in front of garages, carports or uncovered parking spaces (this may include driveway area, drive-aisles, and All streets). projects Additional width may be required for vehicle/emergency vehicle maneuvering area. Parkways an d/or sidewalks may be required. No more than 24 dwelling units shall be located along a single- entry drive-aisle. All drive-aisles shall be enhanced with decorative pavement. ATTACHMENT NO. 5 REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. Projects with 10 units or fewer A .30 space per each unit. A minimum of four (4) guest Projects 11 units or more A .25 space per each unit. parking spaces are required. Twain Court is desighed to accommodate Number of on-street parking with enough area Visitor to accommodate more than four C.6 Parking When calculating the required number of visitor parking spaces, If the (4) guest parking spaces. In Spaces calculation results in a fractional parking space, the required number of addition to on-street parking, the Required 111 visitor parking spaces shall always be rounded up to the nearest whole future development of single- number. family homes will also provide adequate area for guests to park on each lot. On-street visitor parking is permitted on private/public streets, Twain Court is a private street subject to the following: designed with a 34-foot curb-to- • The private/public street is a minimum 34-feet wide (curb-curb width. On-street visitor to-curb) parking is permitted. A minimum • There are no restrictions that would prohibit on-street of four (4) visitor parking spaces parking where the visitor parking is proposed are shown to satisfy the • The visitor parking spaces may be located: requirement. 0 Along one or both sides of any private/public street(s) located within the project boundary, and 0 Along the abutting side and portion of any existing On public/private street(s) that is contiguous to the project Location of Private/ boundary C.7 Visitor Public In parking bays along public/private streets within the project Parking Streets boundary, provided the parking bays are outside the minimum N/A required street right-of-way width. When visitor parking is provided as on-street parallel parking, not less than 24 lineal feet per space, exclusive of driveway/drive-aisle entrances and aprons, shall be provided Complies for each parking space, except where parallel parking spaces are located immediately adjacent to driveway/drive-aisle aprons, then 20 lineal feet may be provided. Within the Beach Area Overlay Zone, on-street parking shall not NIA count toward meeting the visitor parking requirement. On Drive-Visitor parking must be provided in parking bays that are N/A aisles located outside the required minimum drive-aisle width. ATTACHMENT NO. 5 REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. One required visitor parking space may be credited Outside for each driveway in a project that has a depth of 40 feet or more. the Beach For projects with 10 or fewer units, all required Area N/A Overlay visitor parking may be located within driveways (located in front of a unit's garage), provided that Zone all dwelling units in the project have driveways with a depth of 20 feet or more. One required visitor parking space may be credited for each driveway ih a project that has a depth of 40 feet or more. If the streets within and/or adjacent to the project allow for on-street parking on both sides of the street, then visitor parking may be l0cated in a driveway, subject to the following: Within • All required visitor parking may be located On a the Beach within driveways (located in front of a unit's Driveway Area garage), provided that all dwelling units in the N/A Overlay project have driveways with a depth of 20 feet Zone or more. Location of • If less than 100% of the driveways in a project C.7 Visitor have a depth of 20 feet or more, then a .25 Parking visitor parking space will be credited for each driveway in a project that has a depth of 20 feet or more (calculations resulting in a fractional parking space credit shall always be rounded down to the nearest whole number). The minimum driveway depth required for visitor parking {20 feet or 40 feet) applies to driveways for All front or side-loaded garages, and is measured from N/A projects the property line, back of sidewalk, or from the edge of the drive-aisle, whichever is closest to the structure. For projects of more than 25 units, up to 25% of visitor parking may be provided as compact spaces (8 feet by 15 feet). No Compact overhang is permitted into any required setback area or over sidewalks less than 6 feet wide. N/A Parking For all projects within the Beach Area Overlay Zone, up to 55% of the visitor parking may be provided as compact spaces (8 feet by 15 feet). Distance Visitor parking spaces must be located no more than 300 feet from unit as measured in a logical walking path from the entrance of the N/A unit it could be considered to serve. Screening Open parking areas should be screened from adjacent residences and C.8 of Parking public rights-of-way by either a view-obscuring wall, landscaped berm, or N/A Areas landscaping, except parking located within a driveway. ATTACH MENT NO. 5 REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. Community recreational space shall be provided for all projects of 11 or more dwelling units, as follows: Project is NOT within 2,600 square feet of community Minimum community R-23 general plan 200 square feet per unit recreation space is required. 4,898 designation square feet is provided on Lot 17. recreational space Project IS within R-23 requlrecl general plan 150 square feet per unit N/A designation ProJects with 11 to Community recreational space shall be provided as either (or both) passive or active recreation Passive recreation is provided. 25 dwelling units fadlities. Community recreational space shall be provided as Projects with 26 or both passive and active recreational facilities with a N/A more dwelling units minimum of 75% of the area allocated for active facilities. Community recreational space shall be provided as both passive and active recreational facilities for a variety of age groups (a minimum of 75% of the area allocated for active facilities). For projects consisting of one-family dwellings or Projects with SO or twin homes on small-lots, at least 25% of t he Community community re.creation space must be provided as N/A C.9 Recreational more dwelling units pocket parks. Space (ti • Pocket park lots must have a minimum width of 50 feet and be located at strategic locations such as street intersections (especially "T- intersections") and where open space vistas may be achieved. The location of the passive community recreation space was Community recreational space shall be located and selected so that all residents within the development could enjoy the designed so as to be functional, usable, and easily ocean/sunset vfews to the west. accessible from the units it is intended to serve. The space is easily accessi ble from all 13 lots via a concrete sidewalk All projects and landscaped parkway. (with 11 or more Credit for indoor recreation facilities shall not dwelling units) exceed 25% of the required community recreation area. Required community recreation areas shall not be located in any required front yard and may not N/A include any streets, drive-aisles, driveways, parking areas, storage areas, slopes of 5% or greater, or walkways (except those walkways that are clearly integral to the design of the recreation area). ATTACHMENT NO. S REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. In addition to required resident and visitor parking, recreation area parking shall be provided, as follows: 1 space for each 15 residential units, or fraction thereof, for units located more than 1,000 Recreation Area feet from a cornmunity recreation area. N/A Parking The location of recr~ation area parking shall be subject to the same location requirements as for visitor parking, except that required recreation area parking shall not be located within a driveway(s). Examples of recreation facilities include, but are not limited to, the following: Community Swimming pool area C.9 Recreational Children's playground equipment Space Cl) Spa Courts (tennis, racquetball, volleyball, basketball) Recreation rooms or buildings Active Horseshoe pits Pitch and putt Grassy play areas with a slope of less than 5% (minimum area of 5,000 square feet and a minimum dimension of SO feet) Any other facility deemed by the City Planner to satisfy the intent of providing active recreatiohal facilities Benches Passive Barbecues Community gardens Grassy play areas with a slope of less than 5% C.10 Lighting Lighting adequate for pedestrian and vehicular safety shall be provided. Complies. C.11 Reserved Required for projects with 100 or more units, or a master or specific plan with 100 or more planned development units. Exception: RV storage is not requjred for projects located within the R-15 or R-23 land use designations. 20 square feet per unit, not to include area required for driveways and approaches. Developments located within master plans or residential specific plans Recreational may have this requirement met by the common RV storage area provided C.12 Vehide (RV) by the master plan or residential specific plan. N/A RV storage areas shall be designed to accommodate recreational vehicles Storage Ill of various sizes (i.e. motorhomes, campers, boats, personal watercraft, etc.). The storage of recreational vehicles shall be prohibited in the front yard setback and on any public or private streets or any other area visible to the public. A provision containing this restriction shall be included in the covenants, conditions and restrictiohs for the project. All RV storage areas shall be screened from adjacent residences and public rights-of-way by a view-obscuring wall and landscaping. ATTACHMENT NO. 5 REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. 480 cubic feet of separate storage space per unit. If all storage for each unit is located in one area, the space may be reduced to 392 cubic feet. Required storage space shall be separately enclosed for each unit and be conveniently accessible to the outdoors. C.13 Storage Required storage space may be designed as an enlargement of a covered N/A. No homes currently Space parking structure provided it does not extend into the area of the required proposed. parking stall, and does not impede the ability to utilize the parking stall (for vehicle parking). A garage (l2'x20' one-car, 20'x20' two-car, or larger) satisfies the required storage space per unit. This requirement is in addition to closets and other indoor storage areas. (l) This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code). ATTACHMENT 6 PLANNED DEVELOPMENTS {CMC SECTION 21.45.070) TABLED: ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. Livable Must comply with city council Policy 66, Principles for the Development of D.1 Neighborhood SEE SEPARATE COMPLIANCE CHART Policy Livable Neighborhoods. D.2 Architectural Must comply with city council Policy 44, Nejghborhood Architectural N/A. No homes currently proposed. Requirements Design Guidelines. one-family 5,000 square feet (one dwelling per lot) Lots range from 10,353 square feet to dwellings 19,606 square feet. Twin-homes 3,750 square feet (one dwelling per lot) N/A 3,500 square feet (one-family or twin-home -one dwelling per lot) when either: 1. The project site contains sensitive biological resources as identified in the Carlsbad habitat management plan; or 2. The site has a general plan designation of R-15 and D.3 Minimum Lot unique circumstances such as one of the following Area exists: Exception a. The project is for lower income or senior citizen N/A housing; b. The site is located west of Interstate 5; c. The dwelling units are designed with alley- loaded garages; or d. The site is either located contiguous to a Circulation Element roadway or within 1200 feet of a commuter rail/transit center, commercial center or employment center. 1 story homes 60% of the net pad area 45% of the net pad area for all lots in a project, if the minimum lot area in the project is 5,000 square feet or Homes with 2 greater. N/A. No homes currently proposed. DA Maximum Lot or more stories 50% of the net pad area for all lots in a project, if the Coverage minimum lot area in the project is less than 5,000 square feet. Porches with no livable space above the porch, and porte-cocheres no more than 20 feet in width and 6 feet In depth are exempt from lot coverage requirements. One-family dwellings on lots 50 feet (35 feet when a lot is located on ?!SO feet (Lots 1-4, 6-13 }1 equal to or greater than 5,000 a cul-de-sac, or the curved portion of a square feet sharply curved street/drive-aisle) <!35 feet (Lot 5)1 D.5 Minimum 40 feet (35 feet when a lot is located on a Lot Width ui One-family dwellings on lots cul-de-sac, or the curved portion of a , N/A less than 5,000 square feet sharply curved street/drive-aisle) Twin-homes 35 feet N/A Minimum D.6 Street/Drive-Lots located on the curved portion of sharply curved streets/drive-aisles or >25 feet provided on all lots. Aisle cul-de-sacs: 25 feet. Frontage D.7 Minimum Residential 10 feet N/A. No homes currently proposed. Setback structure PLANNED DEVELOPMENTS (CMC SECTION 21.45.070) TABLED: ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. from a Private or Direct entry 20 feet N/A. No homes currently proposed. Public garage Street(2l (3) Residential 5 feet, fully landscaped (walkways providing access to structure dwelling entryways may be located within required landscaped area) 3 feet Minimum Garage Garages facing directly onto a drive-aisle shall be D.8 Setback equipped with an automatic garage door opener. N/A. No homes currently proposed. from a Projects of 25 0 feet (residential structure and garage) Drive-Aisle<4l units or less within the R-15 Garages facing directly onto a drive-aisle shall be and R-23 general plan equipped with an automatic,garage door opener. designations Each -interior side yard setback shall be a Residential minlmum of 10% of the lot Width; structure provided that each side yard setback is not less than 5 feet, and need not exceed rl lOfeet. C Located on the front Same as required 0 ·.;:; a. half of the lot for residence. One-0 Located on the rear Need not exceed 5 family Garage half of the lot feet Minimum dwellings Any living space above a garage shall D.9 Interior Side observe the same interior side yard N/A. No homes currently proposed. Yard setback required for the residence. Setback One interior side yard setback may be N Residential reduced to O feet (zero lot line); provided .c 0 structure & the other side yard setback is a minimum :;:; a. Garage of 20% of the lot width, and need not 0 exceed 20 feet. One side yard - O feet (the side yard where the dwellings on each lot are attached). Twin-homes The other side yard setback shall be a minimum of 20% of the lot width, and need not exceed 20 feet. Minimum Residential 20% of lot width, provided the rear yard setback is not Rear Yard structure less than 10 feet, and need not exceed 20 feet. Setback (where the 5 feet from rear property line rear N/A. No homes currently proposed. D.10 Garage(located property line does on the rear half Any living space above a garage shall observe the same not front on of the lot) rear yard setback required for "residence", above. a street or drive-aisle) PLANNED DEVELOPMENTS (CMC SECTION 21.45.070) TABLED: ONE-FAMILY DWELLINGS AND TWIN-HOMES ON SMALL LOTS REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. Maximum Building Same as required by the underlying zone, and not to exceed three stories D.11 Height/ (5)(8) N/A. No homes currently proposed. Number of Stories Minimum total area per unit 400 square feet (may consist of more than one recreational space) Minimum dimension of 15 feet recreational space Required private recreational space shall be located at ground level and designed so as to be functional, usable, and easily accessible from the dwelling it is intended to serve, and shall not have a slope gradient greater than 5%. Required private recreational space shall not be located within front yard setback areas, and may not include any driveways, parking areas, storage Private areas, or walkways (except those walkways that are clearly integral to the D.12 Recreational design of the recreation area). N/A. No homes currently proposed. Space Open or lattice-top patio covers may be located within the required private recreation space (provided the patio cover complies with all applicable standards, including the required setbacks specified in Section 21.45.090}. Attached solid patio covers and decks/balconies may project into a required private recreational space, subject to the following: • The depth of the projection shall not exceed 6 feet (measured from the wall of the dwelling that is contiguous to the patio/deck/balcony). • The length of the projection shall not be limited, except as required by any setback or lot coverage standards. • The patio cover /deck/balcony shall comply with all applicable standards, including the required setbacks specified in Section 21.45.090. 2 spaces per a two-car garage (minimum 20 feet x 20 feet), or D.13 Resident unit, N/A. No homes currently proposed. Parking provided as 2 separate one-car garages (minimum 12 feet x 20 feet either:(s) each) No more than 20% of the total project units may include garages with doors for 3 or more cars-in-a-row that directly face the street, including garages constructed as 3 one-car garages located adjacent to each other, or Garages for constructeg as a two-car garage separated from a one-car garage with all D.14 3 or more garage doors directly parallel to the street. N/A. No homes currently proposed. cars-in-a-Garages that are recessed 20 feet or more back from the forward-most row plane of the house shall not be subject to the 20% 3-car garage limitation stated above. Garages with doors for 3 or more cars in-a-row shall not be permitted on lots less than 5,000 square feet in area. D.15 Driveways Driveways for side-loaded garages must be enhanced with decorative N/A. No homes currently proposed. pavement to improve appearance. (ll Lot width is measured 20' behind the front property line. (ll See Table C in Section 21.45.060 for required setbacks from an arterial street. !3) Building setbacks shall be measured from one of the following (whichever is closest to the building): a) property line; or b) the outside edge of the required street right-of-way width. (4) Building setbacks shall be measured from one of the following (whichever is closest to the building): a) property line; b) the outside edge of the required drive-aisle width; c) the back of sidewalk; or cl) the nearest side of a parking bay located contiguous to a drive-aisle (excluding parking located in a driveway in front of a unit's garage). (s) If a project is located within the Beach Area Overlay Zone, building height shall be subject to the requirements of Chapter 21.82 of this code. (G) The required resident parking within the R-W zone shall be 2 spaces/unit, 1 of which must be covered. Any uncovered required parking space in the R-W zone may be located within a required front yard setback and may be tandem. (7) Garage location standards do not apply to projects where all garages are alley loaded. (a) Protr1.1sions above the height limit shall be allowed pursuant to Section 21.46.020 of this code. Such protrusions include protective barriers for balconies and roof decks. 1 2 3 4 ATTACHMENT 7 CITY COUNCIL POLICY 66 -LIVABLE NEIGHBORHOODS Principle Building Facades. Front Entries. Porches Facades create interest and character and should be varled and articulated to provide visual interest to pedestrians. Clearly identifiable front doors and porches enhance the street scene and create opportunities for greater social interaction Within the neighborhood. Building entries and windows should face the street. Front porches, bay windows, courtyards and balconies are encouraged. Garages Homes should be designed to feature the residence as the prominent part of the structure in relation to the street. A variety of garage configurations should be used to improve the street scene. This may include tandem garages, side-loaded garages, front-loaded garages, alley-loaded garages and recessed garages. Street Design An interconnected, modified (grid) street pattern should be incorporated into project designs when there are no topographic or environmental constraints. Interconnected streets provide pedestrians and automobiles many alternative routes to follow, disperse traffic and reduce the volume of cars on any one street in the neighborhood. Streets should be designed to provide both vehicular and pedestrian connectivity by minimizing the use of cul- de-sacs. The street network should also be designed to create a safer, more comfortable pedestrian and bicycling environment. Local residential streets should have travel and parking lanes, be sufficiently narrow to slow traffic, provide adequate access for emergency and service vehicles and emergency evacuation routes for residents and include parkways with trees to form a pleasing canopy over the street. Local residential streets are the public open space in which children often play and around which neighborhoods interact. Within this context, vehicular movement should be additionally influenced through the use of City-accepted designs for traffic calming measures. 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 minimiz.e water consumption. Compliance Comments N/A. No homes currently proposed N/A. No homes currently proposed. The unique constraints of this small infill site limit the project's ability to provide an interconnected, modified (grid) street pattern. However, the street network design does provide for a safe and comfortable pedestrian environment by including sidewalks separated by a landscaped parkway with street trees. The proposed private street (Twain Court) is designed in accordance with city street standards and provides adequate travel and parking lanes. Street trees are to be planted within the parkway proposed along Twain Court. Tree species have been chosen to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption. -City Council Policy 66 LIVABLE NEIGHBORHOODS {CONTINUED) Principle Compliance Comments 5 Pedestrian Walkways Pedestrian sidewalks are currently Pedestrian walkways should be located along or visible from all provided along the existing cul-de-sac streets. Walkways (sidewalks or trails) should provide clear, bulb of Twain Avenue. The proposed comfortable and direct access to neighborhood schools, subdivision will incorporate a 5-foot parks/plazas and transit stops. Primary pedestrian routes should wide detached sidewalk along one side be bordered by residential fronts, parks or plazas. Where street of the proposed private street connections are not feasible (at the end of cul-de-sacs), pedestrian extending from the terminus of Twain paths should also be provided. Avenue. Landscaping is being provided along all portions of the project frontage along the public street and the new private street. The new sidewalk will connect future residents with both a new public trail connection accessed between the adjacent existing subdivision and proposed Lot 13 as well as a passive community recreation area within the project (Lot 17). 6 Centralized Community Recreation Areas The project is required to provide Park or plazas, which serve as neighborhood meeting places and 2,600 square feet of community as recreational activity centers should be incorporated into all recreation space. The project is planned unit developments. As frequently as possible, these providing 4,898 square feet in the form parks/plazas should be designed for both active and passive uses of a passive recreation amenity for residents of all ages and should be centrally located within the consisting of a landscaped park area project. Parks and plazas should not be sited on residual parcels, with a bench overlook seating area. used as buffers from surrounding developments or to separate The location of the community buildings from streets. recreation space was selected so that all residents within t he development could enjoy the ocean/sunset views to the west. The space is easily accessible from all 13 lots via a concrete sidewalk and landscaped parkway. (_ City of Carlsbad DISCLOSURE STATEMENT P-1{A) Development Services Planning Division 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 application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. P-1(A) 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 (NIA) 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 G O..\J f /-t\4 n e.~ Corp/Part -t I -------------- Title O Wh.e-r Title ·-------------- Address ~ 0 . ]3o'll A-!:5 l , (q i f Vc>rt r!..A Address, _________ _ OWNER (Not the owner's agent} q 5'0;;)..I 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 (NIA) 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 {q(J..,y( (~n-e.k. Corp/Part. ____ _.;._ ____ _ Title O LO VJ e.{: Title. _____________ _ Address <p. 0, 3:>oJ(. 451 G,·/roy; 64 °f 5 0 ~/ Address. ____________ _ Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust.________ Non Profit/Trust. _________ _ Title ------------Title _____________ _ Address ----------Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes lSJ No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Jbdl3-~ Print or type name of applicant n or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 :er: -L~1 --•---PAOFlC OCEAN ,.,....,. ---.,...._, ..,_ .... YICHTY MAP ........ CITY OF CARLSBAD TRACT CT-15-07 TENTATIVE MAP FOR OCEAN VIEW POINT GPA-15-02, ZC-15-03, LCPA-15-05, PUD-15-15, HDP-15-03, HMP-15-05, CDP-15-53 NON--PI.OTTAl!t.E EASEMENT ST/\TEMEHT Mf~f"~NrUJW-~"9Clil'Ol1t'f!/u7KtOC.1'9Qlllar H~Collll'Cl'WCC~n.r.1,1"8.e~ I, ~~21t°::.s.;~=-.g:,•~~J•~r i.. -' t,;a Mee ..J'.L aur .Mil an£ .e&K~ ~ ~ a:#"#fJ. t'IQ:J',l(b IT'«EASDiOiJ~«.ttEfl. 1-.JAS~flllll "/'C:J' 1:11'"-tlJl. .1.. #iCl"QOlr !lnJl9ali CIOIPIJMIIDt. nr 1J1RJUNrE -MG ~ ~.....,.... ,tar .... :l'nO"N'fl" ~!DC f"r. .c.. .c:it.Q!lt5 tlF ~rs-AEC()IJIOI W'1:Jl:a,.,-.-s~e1.~u-o, • ~~l,~~tt.vrii.~cr~rs~ PROPOSB> TWAlf CT SECTION .. _, t'rl'Ff:"V~•CUTIB OffSITf PUBUC SJBEE.J TWMI AYE tEXJSJ:fjG) "'u 0G JR/IL SECTION .. ,.s . ........,..._, :itA.Wil!:el/C~-i_-~t,U_ CU.MCI.~ fllDI' am S"tP'iOiDc!. 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A(~ ZD-'T~OlHJS•2.t:1»5F ~16,):IS,Of,oCl,lt,tQT[7 2..1 .=..~~~~~ ,..,_.,:tk.«&-~ ; -SlteET 1 OF ♦ SIEETS i GPA-15·02, ..... ,.,.. t7 a.......:ir ~ ~ a,,-.ci ..-an-a-o,,asc, ...... --..~.-S,!D:i,ID,7• m::t.-lC)l'l'CWlill:OIOl .... lllM..NICZ --PREPARED BY: Sfllll.WD °' ntl'lil.. _... .,. lFIW2,IC!Cll,,or,aw 0Qt;t,SICl[JV'Off:51CS CITY OF CARLSBAD TRACT CT-15-07 ZC-15-03, TENTATIVE MAP FOR OCEAN VIEW POINT LCPA-15·05, PUD-15-15, HDP-15-03, HMP-15·05, --CDP-15·53 I ~~.PI.A$"-~•n,M~ i:inlUPUt (ti' S7-1tl ,0. WXlll'f ~ ~ • ~ 1'i'.IIIPClltiRCU.-0£-SlliC Al M DO or~ nM,N,-\Oa,C.M'-l!DOWII.OF"'~-.1.llfM OG'C,N'~Yo.L--«--.S<~Fal lDl' JI (T IIIACT S7-lli 10 01De I-Sl.O:C Offl> U)t I r:6" lMS ~ A L01 I.H" ~1 AL oc::ct.11 .-JIIEDILOri".J1.1:J&cr.wACT1l7-M#t'J M ~ t7 Du: ~--w, ,U'" tvtC'U a-;,,cs 1Drl4fl£ IIA'. A t;c,r tr kS AC.1'[0017 H,lS ilCt.'W' ~•11w'Kon'..O,,.O~S.1CQ,.IEl'IIU,!r,I K <UIA., L#CI ~ NO OUriML$ & .<M.1$. I.SII'4:CftUltt0tMfAS. 1 rt'EI.M.i3'0F ltE.llQ.OQC.C. O"O'PM:'Lu>T 1•F01t. IM'SflllllOl'OrJY ... ~l'~(W-..af'1 a-0&. 1HIS Ill~ Mt ~M>n' or "25t" ~Y~.LMJTS~:1.Jz.7.Jl')45 (V'IClfJ>(W aC5ilt,P.lltDl'rJQCMq"fl lf<C.-S:Fwe P'ICA CT Lor 1• (oPI!)! S""AQJ. '--lillilil.llOI[; 7.'ll!SIO;fZSD:POSEll).Jr.UJ"'CAICN il,IISW If/ "t!DI'£ ~Pr£. .. .., «w'0W Ol'"MSl!rt UNCCD-..... ~ LNlUDit.lUI, ~ 12.67!-~l[R CIWX:I" #ltJ 11.a.is·~ 0W'U .-.r 11..5" lffO,l~U'MSM'NID 1.s"r.MKDt'#lCXlt.f u,.· llil'tW ..__ iOr.<M :sa 9'0:r J Rl'I oc.-.s ~ f121111~11'llW..:lOll.cFOl'stQi.J M"f.W. o ~ AO:l.lAlOI SQV.1%. ~ sr.-:IO'II ~"° J1tAStt 'i::J~~.t:,~a=::!.a (10tI»T)~ ... ftll!'~A~f'O«Z.-r'MCf!I "->« MfA!.!m JO«:,IIQ\,l,i[ A CUI. lt."0"'10JECf ,......D.t. csr arr~ oa.u... t ~~•~«~•-OICl(q)' swra, NO cn,a,,, ~ DOCC P:lf ~ -J.. AU.All1Dtc.E'CW-$1'Tflil.C~IJT"M l"!».l&LMD..,._ I I!' SHEET 2 OF 4 stEETS 2 GPA-15-02, PREPARED BY: i~ =-r~ CITY OF CARLSBAD TRACT CT-15-07 ZC-15-03, TENTATIVE MAP FOR OCEAN VIEW POINT LCPA-15-05, PUD-15-15, HDP-15-03, __ , ' I \/ ' .. . f'NJPO!!ZD~SJ'M:f: CQlrfSERV,4 0CW E"ASEMDfl (r6.-!M iA.£) HMP-15-05, CDP-15-53 1.~.M>.CC1......i11N~"'f.-»t""1£,/QJIIQNf IJ£IOO'U p a,-"'l, .. ""'°"" "-(' ~,,, ~ ~tG.1.-0C-s.c•r IMlrDC OFlm'MC ~ .llMC N:~ a,,,_~ 4MU At Iii£ DO Of' -«; ~ CA.-OC-Mc, ~ r.:wtar.-rrlllrACJ ..,_., P.11 D1DII .-5tCIPCOtlD tOJltJl':t!d"fflQ.Ltt AtotLlll"~Ta.t ~ !!1DW.01 l.015 :r, ,e .H {I-RIACT "R-IC-NO K 9C:ll.lCWl'J'Qr:,,CS-J[Nt,µ-ar: ........ 5CV'C'lll):.,, Pt5' '°'1:ol~~ ,l,Q7"f'C,tNSN:lftDl£JITl't4.JEO' nm ~ Kart. a..u ~ ~ .z:ia,. JID"lfDt H "2lJ: r tMO CD,lf'Nff' NQ ~ • lllll'2l. 2..sa.Hr.l~LM~ J. HUll'tsaF '1E~Cl"Oi..-.a:l.M(:.4t ~~r~" .... ~'.-.='l'r:. ""1R"~ro1..~l.llnl'~~t7r IFJ AS m:ACG Qlrl NS lilV NO ,Ct Ofi'MI' ,-, ., K (;fl1IIC Nt£A OT-(OT M ~ fl'KI). • ~ tCl;e 1,'75" kCM '"~ D8ICt!'l?)J .Jr.or CAM>t ...._. II,/ rr .!O'£ ~ ~ M 9C)Tffllj or MSW aNaU WR' l'OIFDl(.-iti:' ~ llflll l w~~~a-:'~-~'=1' 5 Ar l.,s' 1"°" .a.s.,, flOrn:. :t ~ /Cit ~ ,r .... «ltiCM:Jf lJMt&. -....u. 0-~ ieaAt,c:JII ~ DOG ~~~Ml'~~ =:J-~coJ:~~o~~ 11'Ctrort)~-:wt f. IH)lif" ~. A l'OSJ-M-b& ma' IMJ' IIUll ,0 E "'5nULD JO ODll°A,'"!° ,t, ~ ~ """°81 NIII-Uir. 1.1:2" arr~ C!U&. ,. l'llt:lfl05D,7 C:..tr Pt,l,tJ. 11£. ~ ■:w ~ «'f s:.n,,,,,-,.-ix:o,~OE\Cl:rotf/t~ """""" I. ,li,J. *!Dld:5 ~.PR' fO:!£ 5i9'iaD ~t -l'ICl'US.C•l'OfOM/lf .AM.l&.7-?.l ........ ~ z,~ $CP, ,, m• SD' • ., Z-11' .-11,:lt:WI .-oi:., .. ~--i• o:t. o,I »·..t , ftl:. 01-10,e. StEET 3 OF 4 SHEETS i --------------J:10 -·-CITY OF CARLSBAD TRACT CT-15-07 TENTATIVE MAP FOR OCEAN VIEW PQ:INT GPA-15-02, ZC-15-03, LCPA-15-05, PUD-15-15, HDP-15-03, HMP-15-05, CDP-15-53 --------✓~---~--320 ., PROFJ.E, TWAtj CJ J,,fQli" l'"•JO' .etr 1·-s· D£:5lQil SPErn: 15 Wti I , -JIO Pt.All! TWAIN CT HOii: ,._.,,,. \ j 1.i»s~,~JllOW"~W<i#,1:11!1[ co,,o'D,,,,,.,tCW,,«D'SC.otl#M nJ!E ~Jt1N.Ul'f'~r,'fta11101, 2.DC.~1.A.'Df1'11il.Ofn.w,,:,-\C,.1Dl!JC awac ,o, Ot!P t.t,.ICMi.s.-.l ~ ~ tt; Dt i!QillrCS' ID• ......-:....r1 ;J A:L JM:.! ~ soo..,. ~ i SHEET 4 OF 4 SHEETS i SC4lE: ,·-6tY -""" ··-CITY OF CARLSBAD TRACT CT-15-07 CONSTRAINTS MAP & SLOPE ANALYSIS OCEAN VIEW POINT GPA-15-02 ZC-15-03 LCPA-15-05 PUD-15-15 HDP-15-03 HMP-15-05 CDP-15-53 ( hEJ AREA S!W!BY 1t1rA1.Qllai:SN11£A .. n.,t .-.c: C.Sf rMIIA'ICMC ...... JDfAil.#EfAID, .. n.u~ -=a.ax.r.t-48JM .. , ... ,. M: 0nO.QJllltKl~f -.,, "' ~--ltCff001Pl!iilfJ • UHC ............. ,,,,,. • 4J0.C TOTAL PROJECT SUE SLOPE SlMW!Y SI.OPE AHM.YSIS GBI\PIIB IMPACT EQOIPRNI SITJi SLOPE, stMMBY SI.OP£ AHM.YSIS DEJ(ELOfMENI AREA SITE SLOPE SIMMBY SI.OP£ AHAll'SIS -COUJI llill St.OP£ ...... SI.OP£ AREA (ACJ . ... .,._.. u, ' ...,. "'"" . ., ' II .... .... 47' • ..... , ..... 4"' """' ~ CQNSTRAfflS LEGEM> -..:a~t.-s ,.,. ~~ ...,.=~~ IIM.mlftlOC~"" SIICllnOWr LASDOIIS KA fl....... .. """""'-"' .. s ar ~ ,si_QIICS >.1S1: • .-OClG.a'IIOl'r n:o....-r a.s.z./SZl-•..vs SDT~JLClll:S~• ...... nx-w.."90.LCfSt"I£ D.!.V,11.ff-2..»S DATE OF PREPARATION, SHEET I OF 2 SHEETS CITY OF CARLSBAD TRACT CT-15-07 PROFU;I> SLOPE CROSS SECTION B·B fflC:R-1"'•60" \'EJH; 1••t2' CONSTRAINTS MAP & SLOPE ANALYSIS OCEAN VIEW POINT GPA-15-02 ZC-15-03 LCPA-15-05 PUD-15-15 HDP-15-03 HMP-15-05 CDP-15-53 PRQF)I.E, SUJPE CROSS SECTION A-A HOR: 1·-ea-~T: 1 .. -12· PROfJ..E, §LOPE Cft088 SECTIOH c-c -··-~T.: •·-u· DATE OF PREPARATION, SHEET 2 OF 2 SHEETS WHER CONSER\IATION STA"TEMa-lT ~~&!Z:SiiSMD.NO~~a>:...A)l!rK-~ ~""no. 1'\•,:mii: ~ ~a -e: ..,_...,... A5oWI ~~~An:;ti~"'OE ~~Off~ !:liLM ~T'IOIIIJiBUiiDO.,,.~IJ;if:r;r-M:lDetA-EN,:;>!..0\.$,S ~'!&~NDLH1'!'1«'afC4.0fl"'°'Mll'I'"~ ~-t.,N&,u.. ~Ni.A.:.CM,t,~ ..... 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Pt.AN AND FUa ~TIO.N ZONE secrl(JNS ~WHTDWICERESPONSIBIWY LD6-'90'1~,.__!1!"~1!9"1'AV~ a,eem:ie---~ IIIICME'"8t5~Ra:'lt"'-Dft ~~ ~ f'~n.. N0~"1fH4"t~ -~>~~,,all_~--~y~s.-,er~,'AD~ 8'0i<ETEIIT\ONAA£>S TC>!:llf" ~f.16~,.. ~,_-..~ ,.~ T~ saa.~9AU.l'IJ.l'R!CN\.~~ ~~~ro!J[ ~ -r,eec.i..,e.~ftlfZ. t.r-.ll~~~l'O~~.HTli ;p-~"'U.Yt0r"'T?!)f11H0"°""51.W. LANDSCAPE CONCEPT PLAN FIRE PROTECTION PLAN LANDSCAPE WATER CONSERVATION PLAN FOR: OCEAN VIEW POINT PROJECT OE5CRIP1lON aaM'Jerl"'¥"~A:5iitt!i.!'FA'•••··:"'~ -,e2~,J,.lfl\Atre, o..TUe:~~~FqlM,,.-.~~Df,M'IIE.J. ~~~--)QIS~i«V,(11 ~~l!Kaf "'N,,1.._~,~~~'fJen"ND~~Nl:l:/6. M-~ NG~1'el""•..Ni5.wiE"nE-!W:6falff~5-i:»lt. .A~N«.ld~~~.,W,lffl,IM.,;,l'Jl!a~f'S. ~TI'~~HZ~o,,,rre;e:P"I..He. ~Pf.a. ~OLl"r5AJl#iEW.-..,,e,, ~~~~'SG,CftQF-f'QIJCJ,,R. ..e~~f'N41..."I' ~~~,et9";tra.,JK;9t:l06UL.~Nll,St.S ... ~~~~~ REBUlAllHG DOCOMBHS---1;2: ~ ~~""--~~0, H'f"lt(N,..,__ • tilttrA'-~l..Nra5cN'!-~......_f':1".JOeNOlli&2;;~ :;,\,llp -= lfilrl.~~Nlli-~'?5,uJ. •Plii.:NtJtst~A..L. ~ ....... _ OO't Sl.DPE 'SfAf'ClAR:)S G,T(SJ,\.~1't..!il:~..£D~OM.1.~~-~~Clt, ~~~~~P\.A"O 1ll.:.!:O. ...J 3i'e'l'~~-~~A..'CJ,...,.Jl,,UJft~c,l'\B,JG~Olt SR!EJ$.llfi:UliiE:,._T,.~'fif~•~~C:.~comrd.. ,....._, 5 ~f..;,,l..,r!!:,J:)16f!!'J .. --«T""""-~~S""~ .. ~~N,f,rNf&~elrteT.tt..5'tl(l.e.OfJ,,,GO>.l'!'l;UQ"l.O. -Q -~c,,.•!'ffl"M~~lli&V...ll:!5T~• ~ ~"otirTN5-A...aE'6TM.LDl!t.U!!iQ/fJ.~alOP)."2.113NG .... MP'PdDA•~pr,!f'I-HI-!'l-i-'Zf5?«i'CJ: fJ !,~4,10'1-"""81:~~-~~'0it«llffllQ.MliUTN ~!lffl!SJ,',IJ,.!D~Ltel!KA~Gff!'Jr~~'f"A"el5N0"4, ,s ~~~et~ftATTt:,W,,,mu,.)Jn:)~.O,S. -....,,..,.. 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