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HomeMy WebLinkAbout2016-05-17; City Council; Resolution 2016-096Item 8; page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. --=2=0=16:..-...:.09=6~- A RESOLUTION ON THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING SITE DEVELOPMENT PLAN NO. SDP 15-13, MINOR SITE DEVELOPMENT PLAN NO. SDP 15-19, CONDITIONAL USE PERMIT NO. CUP 15-05 AND TENTATIVE PARCEL MAP NO. MS 15-12 TO ALLOW FOR THE SUBDIVISION OF A 7.52 ACRE PARCEL INTO THREE LOTS, RELOCATION OF AN EXISTING RV STORAGE LOT AND DEVELOPMENT OF A 98-UNIT SENIOR APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF CANNON ROAD AND WIND TRAIL WAY, WITHIN THE ROBERTSON RANCH MASTER PLAN, PLANNING AREAS 22 AND 23G, IN LOCAL FACILITIES MANAGEMENT ZONE 14. CASE NAME: CANNON ROAD SENIOR HOUSING CASE NO.: SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 EXHIBIT 2 The City Council ofthe City of Carlsbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on April 20, 2016, hold a duly noticed public hearing as prescribed by law to consider a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, as referenced in Planning Commission Resolution No. 7159; Site Development Plan No. 15-13, Minor Site Development Plan No. 15-19, Conditional Use Permit No. CUP 15-05 and Tentative Parcel Map No. 15-12, as referenced in Planning Commission Resolution No. 7161; and the Planning Commission adopted Planning Commission Resolutions No. 7159 and 7161 recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to consider said Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Site Development Plan, Minor Site Development Plan, Conditional Use Permit, and Tentative Parcel Map; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors Item 8; page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Site Development Plan, Minor Site Development Plan, Conditional Use Permit, and Tentative Parcel Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approval of Site Development Plan No. 15-13, Minor Site Development Plan No. 15-19, Conditional Use Permit No. CUP 15-05 and Tentative Parcel Map No. 15-12, are adopted and approved, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 7159 and 7161 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008. Ill Ill Ill Ill -2- Item 8; page 28 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City 2 of Carlsbad on the 17th day of _ ____.:M..:...:..::.av-'---' 2016, by the following vote to wit: 3 4 AYES: Hall, Schumacher, Blackburn. 5 6 NOES: None. 7 ABSENT: Wood, Packard. 8 9 10 11 12 ATTEST: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 7159 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM TO ALLOW FOR THE SUBDIVISION OF A 7.52 ACRE PARCEL INTO THREE LOTS, RELOCATION OF AN EXISTING RV STORAGE LOT AND DEVELOPMENT OF A 98-UNIT SENIOR APAR:TMENT PROJECT ON PROPERTY GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF CANNON ROAD AND W!ND TRAIL WAY, WITHIN THE ROBERTSON RANCH MASTER PLAN, PLANNING AREAS 22 AND 23G, IN LOCAL FACILITIES MANAGEMENT ZONE 14. CASE NAME: CANNON ROAD SENIOR HOUSING CASE NO.: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 WHEREAS, Calavera Hills II, LLC, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property described as Parcel "A" of Certificate of Compliance Document No. 2010-0225511 of Official Records, Recorded May~s;2ol'O in the Office of the County Recorder, County of San Diego ("the Property"); and WHEREAS, a Mitigated Negative Declaration and Mitigation Mcmitoring and Reporting Program was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on April 20, 2016, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Exhibit "MND/' according to Exhibits "Notice of Intent (NOI}," and "Environmental Impact Assessment Form -Initial Study (EiA)," attached hereto and made a part hereof, based on the fol'lowing findings: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: 2. P· b. c. d. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for MP 02-03{H)/SDP 15-13/SDP 15- 19/CUP 15-05/MS 15-12 -CANNON ROAD SENIOR HOUSII\IG the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and the Mitigated Negative Declaration and Mitigation Monitoring ;md Reporting Program has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. lS Conditions: 16 17 18 19 20 21 22 23 24 25 1. Developer shall implement, or cause the implementation of, the CANNON ROAD SENIOR HOUSING -MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 Project Mitigation Monitoring and Reporting Program. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision; Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. 26 ... 27 28 PC RESO NO. 7159 -2- 1 2 3 4 5 6 7 10 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 20, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VEL YN ANDERSON, Chairperson Chairperson Anderson, Commissioners Black, L'Heureux, Segall and Siekmann Commissioners Goyarts and Montgomery 11 CARLSBAD PLANNING COMMISSION 12 13 14 15 16 17 18 19 20 21 22 23 26 27 28 ATTEST: ~YL DON NEU City Planner PC RESO NO. 7159 -3- MITIGATED NEGATIVE DECLARATION PROJECT NAME: CANNON ROAD SENIOR HOUSING PROJECT NO: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 · (cityof Carlsbad PROJECT LOCATION: South of Cannon Road, East of El Camino Real, at the southeast of the intersection at Wind Trail Way and Cannon Road, within the Robertson Ranch Master Plan, Planning Areas 22 and 23G (APN 168-360-16). PROJECT DESCRIPTION: The proposed Cannon Road Senior Housing project site is located within the Robertson Ranch Master Plan and is comprised of Planning Areas PA 22 {5.43 acres) and PA 23G {1.15 acres} for a total of 6.58 acres. PA 22 is a previously graded site developed with an existing Recreational Vehicle (RV} storage lot for the Robertson Ranch East and West Villages and is also approved for a 66,000 sq. ft. three-story office building under a previous permit. PA 23G is designated as Open Space for which no changes are being proposed by this development project. For PA 22, the project applicant is proposing to reconfigure the existing RV storage facility to a new location onsite and construct a new senior housing projectinstead ofthe previously approved 66,000 sq. ft. three-story office building. The senior housing project will consist of 98 senior residential apartment units divided between three (3} buildings each consisting of three-story construction. The senior apartment complex will also include a leasing office, two (2} recreation rooms, a garden courtyard, outdoor seating areas and a community pool. Site improvements will include surface parking, carports, retaining walls, site walls, fences and landscaping. Grading includes 5,500 cubic yards of excavation, 7AOO cubic yards offilt and 1,900 cubic yards of import. No expansion ofthe previously graded pad is proposed beyond the boundary of the existing toe of slope. The proposed project involves a Master Plan Amendment (MP 02-03(H}L Site Development Plan (SDP 15- 13}, Minor Site Development Plan (SDP 15-19L Conditional Use Permit (CUP 15-05) and a Minor Subdivision (MS 15-12}. Minor Subdivision No. MS 15-12 proposes to subdivide the 6.58 acre project site into three (3} parcels. Parcel A (0.55 acres} will include the reconfigured RV Storage facility for both the Robertson Ranch East and West Villages; Parcel B {4.88 acres} will include the proposed senior apartment complex; and Parcel C (1.15 acres} will remain as Open Space within the existing boundaries of PA 23G and will be held in separate ownership by the Robertson Ranch master association. No development is proposed within PA 23G. Master Plan Amendment No. MP 02-03H is proposing to 1} change the land Use designation of PA 22 from Office (0} to the R-23 Residential {15-23 du/ac} designation consistent with the General Plan; 2} change the underlying master plan zoning for PA 22 from Office (0} to Residential Density-Multiple (RD- M} consistent with the above land use change; and 3} update the PA 22 development standards to facilitate the proposed project. Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax Site Development Plan No. SDP 15-13 and Conditional Use Permit No. CUP 15-05 are required for the approval of the proposed senior residential use, conceptual site design and architectural elevations. Minor Site Development Plan No. SDP 15-19 is required for approval of the proposed R\f storage facility conceptual site design, which will be held in separate ownership by the Robertson Ranch master association at completion. 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: [8J 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 analyzed in an earlier document pursuant to applicable legal standards, and 2} has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (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. A copy of the Initial Study documenting reasons to support the Mitigated Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: ATIEST: VAN lYNCH Principal Planner Initial Study 1. PROJECT NAME: CANNON ROAD SENIOR HOUSING 2. PROJECT NO: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 3. LEAD AGENCY: City of Carlsbad 1635 Faraday Avenue Carlsbad} CA 92008 5. LEAD AGENCY CONTACT PERSON: 4. PROJECT APPLICANT: Paul Klukas Planning Systems Suite 100 1530 Faraday Avenue Carlsbad} CA 92008 Jason Goff1 Associate Planner (760) 602-4643 iason.goff@carlsbadca.gov (city of Carlsbad 6. PROJECT LOCATION: South of Cannon Road1 East of El Camino Real} at the southeast of the intersection at Wind Trail Way and Cannon Road} within the Robertson Ranch Master Plan} Planning Areas 22 and 23G (APN 168-360-16). 7. GENERAL PLAN LAND USE DESIGNATION: Planning Area 22 (PA 22) is designated R:-23 Residential; and Planning Area 23G (PA 23G) is designated Open Space (OS). 8. ZONING: Planned Community (P-C) 9. PROJECT DESCRIPTION: The proposed Cannon Road Senior Housing project site is located within the Robertson Ranch Master Plan and is comprised of Planning Areas PA 22 (5.43 acres) and PA 23G (1.15 acres) for a total of 6.58 acres. PA 22 is a previously graded site developed with an existing Recreational Vehicle (RV) storage lot for the Robertson Ranch East and West Villages and is also approved for a 661000 sq. ft. three-story office building under a previous permit. PA 23G is designated as Open Space for which no changes are being proposed by this development project. For PA 221 the project applicant is proposing to reconfigure the existing RV storage facility to a new location onsite and construct a new senior housing project instead ofthe previously approved 661000 sq. ft. three-story office building. The senior housing project will consist of 98 senior residential apartment units divided between three (3) buildings each consisting of three-story construction. The senior apartment complex will also include a leasing office} two (2) recreation rooms} a garden courtyard} outdoor seating areas and a community pool. Site improvements will include surface parking} carports} retaining walls} site walls1 fences and landscaping. Grading includes 51500 cubic yards of excavation} 7AOO cubic yards of fill} and 11900 cubic yards of import. No expansion of the previously graded pad is proposed beyond the boundary ofthe existing toe of slope. The proposed project involves a Master Plan Amendment (MP 02-03(H))1 Site Development Plan (SDP 15-13)1 Minor Site Development Plan (SDP 15-19)1 Conditional Use Permit (CUP 15-05) and a Minor Subdivision (MS 15-12). August 2015 -1-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H}/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 Minor Subdivision No. MS 15-12 proposes to subdivide the 6.58 acre project site into three (3} parcels. Parcel A (0.55 acres} will include the reconfigured RV Storage facility for both the Robertson Ranch East and West Villages; Parcel B (4.88 acres} will include the proposed senior apartment complex; and Parcel C (1.15 acres} will remain as Open Space within the existing boundaries of PA 23G and will be held in separate ownership by the Robertson Ranch master association. No development is proposed within PA 23G. Master Plan Amendment No. MP 02-03H is proposing to 1} change the Land Use designation of PA 22 from Office (0} to the R-23 Residential (15-23 du/ac} designation consistent with the General Plan; 2} change the underlying master plan zoning for PA 22 from Office (0} to Residential Density-Multiple (RD-M} consistent with the above land use change; and 3} update the PA 22 development standards to facilitate the proposed project. Site Development Plan No. SDP 15-13 and Conditional Use Permit No. CUP 15-05 are required for the approval of the proposed senior residential use, conceptual site design and architectural elevations. Minor Site Development Plan No. SDP 15-19 is required for approval of the proposed RV storage facility conceptual site design, which will be held in separate ownership by the Robertson Ranch master association at completion. 10. ENVIRONMENTAL SETTING/SURROUNDING LAND USES: The project site is 6.58 acres located within the Robertson Ranch Master Plan on Planning Areas PA 22 (5.43 acres} and PA 23G (1.15 acres}. PA 22 is a previously graded pad developed with an existing Recreational Vehicle (RV) storage facility for both the Robertson Ranch East and West Villages and is also approved for a 66,000 sq. ft. three- story office building under previous permits (not built}. This project will supersede the previous approvals. PA 23G is designated as Open Space in the Robertson Ranch Master Plan and on the City's General Plan Land Use Map. The project site is bounded by Cannon Road and an existing two-story single-family residential development (PA 21} and three-story multifamily residential development (PA 15} to the north; Calavera Creek and the Rancho Carlsbad mobile home residential community to the south; open space to the east; and a community park site (PA 12} and a water quality open space lot (PA 20} to the west. 11. OTHER REQUIRED AGENCY APPROVALS: None 12. PREVIOUS ENVIRONMENTAL DOCUMENTATION: The project site is the subject of previous CEQA review. The site is included in the Robertson Ranch Final Program Environmental Impact Report (EIR}, which was certified by the Carlsbad City· Council on November 14, 2006 (EIR 03-03, State Clearinghouse #2004051039}; and also a Mitigated Negative Declaration (MND}, Mitigation Monitoring and Reporting Program and Addendum for the ROBERTSON RANCH PA 22 (GPA 09-01/ZC 09-01/MP 02-02(B}/CT 09-01/SDP 09-01/PUD 09-01} project, which was adopted on December 16, 2009 by Planning Commission Resolution No. 6657. August 2015 -2-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 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 the checklist on the following pages. 0 Aesthetics 0 Greenhouse Gas Emissions 0 Population & Hc1using 0 Agricult1.1re & Forestry Resources 0 Hazards/Hazardous Materials 0 Public Services 0 Aii"Quality 0 Hydrology/Water Quality 0 Recreation 0 Biological Resources 0 Land Use & Planning D Transportation/Traffic ~ Cultural Resources 0 Mineral Resources 0 Utilities & Servic:e Systems 0 Geology/Soils !XI Noise !XI Mandatory Findings of Significance 14. PREPARATION: The Initial Study for the subject project was prepared by: a--~ .;Jc>,~ 21 1 ZOllo Jason Goff, Associate Planner Date August2015 -3-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02~03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 15. DETERMINATION: (to /;Je completed by LeadAgency) On the basis ofthis initial evaluation: 0 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. IX! I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described herein have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. 0 I find that the proposed project MAY have a significant effect on the envlrm1ment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 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 adequatelyanalyzed ih an e;:lrlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described herein. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. 0 I find that although the proposed project could have a. significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. 16. ENVIRONMENTAL DETERMINATION: The initial study for this project has been reviewed and the environmental determination, indicated above, is hereby approved. a~ ... ·· VA~aiPianner · r r Date 17. APPLICANT CONCURRENCE WITH MITIGATION MEASURES: This is to certify that I have reviewed the mitigation measures in the Initial Study and concur with the addition of these me19~~~ t/ujtb Signature Date f,tUL Print Name August;!015 -4-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 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 Impact" 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 oft he 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 operation·al 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 mitigation, 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 CEQA 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 the 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. August 2015 -5-Initial Study I. AESTHETICS Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 ... , t: u .. '" .. Q. .<: ... Q. ... .. E "§ 0 ..§ >:::: ... Q. ... t: = "' ~ ; 0 "' "' ~ ~ .. .. .. ..c .8 ~ ..c.!:::! Q. t:~ .... ~-.... ~ ..§ '" ·-... "' ln c.....; "' "' Would the project: 0 .!!!' '" tiD·-~ .9.0 0 0..<1) ~u;:;;.: ..... "' z a) Have a substantial adverse effect on a scenic vista? D D D IZl b) Substantially damage scenic resources, including but not limited to, trees, rock outcrop pings, and historic buildings within a State scenic D D D ~ highway? c) Substantially degrade the existing visual character or quality of the D D ~ D site and its surroundings? d) Create a new source of substantial light and glare, which would D D ~ D adversely affect day or nighttime views in the area? a-b) No Impact. The Robertson Ranch Master Plan and EIR included a visual quality and landform analysis for the Master Plan area. The proposed development on the Planning Area 22 (PA 22) site is located on a previously graded pad and will not require any significant alteration of landform. The development area of the subject site has been previously graded with a deposit of fill soil placed over much of the site via the grading permit issued with the Master Tentative Map for the Robertson Ranch East Village (CT 02-02) and later amended for the expansion of the PA 22 pad and development of the existing RV storage facility. PA 22 is not within the view shed of a scenic vista, and is not visible from a State scenic highway. No impact is assessed. c-d) Less than Significant Impact. The proposed project complies with the Robertson Ranch Master Plan development standards for architectural design and landscaping. Compliance with these standards and guidelines mitigates any potential visual quality impacts of individual development projects that are approved and implemented consistent with the Master Plan. Compliance with the development standards of the Master Plan specifically mitigates visual impacts including those associated with line-of- sight views from the Rancho Carlsbad Mobile Home Park, the closest existing development. The project complies with these standards. The project also complies with the development standards of the City's Residential Density-Multiple (RD-M) Zone that is being proposed for the Planning Area 22 (PA 22) project through the proposed Master Plan Amendment. The RD-M Zone implements the R-23 General Plan Land Use designation for the site. The residential buildings will not exceed 35-feet in height, with architectural projections not exceeding 45-feet. As a visual barrier, the reconfigured RV storage lot will be surrounded by an 8-foot tall decorative masonry wall. Along the exterior of this wall, dirt will be berrned against the lower 2-feet with landscape planted along the interface to soften and reduce massing. The Conceptual Landscape Plan incorporates a plant palette and design that assists in reducing the massing of the proposed residential buildings and screening of the permanent RV storage facility and parking lots from existing Rancho Carlsbad Mobile Home Park view. A view analysis has been conducted from existing residences along the periphery of the Rancho Carlsbad Mobile Home Park. This analysis concludes that the distance and dense landscaping will serve to alleviate the potential for significant visual impacts from this area. Lighting associated with the development of the site is at a level consistent with residential uses and structures. The project will also incorporate light shielding to minimize any potential for light spillover offsite or into the adjacent neighboring properties. August 2015 -6-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 Lastly, the Robertson Ranch Master Plan EIR concluded that the Robertson Ranch was not considered a scenic resource nor would future development block any existing scenic vistas from the view of surrounding land uses. Moreover, the project was determined to ensure aesthetic quality of future development through compliance with the Master Plan Design Guidelines. The proposed project is otherwise consistent with the Robertson Ranch Master Plan Design Guidelines; and also complies with the development standards of the RD-M Zone and other relevant code sections relating to RV Storage, parking, landscaping, setbacks, and building height. In light of these factors, a less than significant impact to aesthetic values is assessed for this proposed project. tl "tl tl ru .1:~ ru Q. .... "' Q. E "§ 5 § II. AGRICULTURAL AND FOREST RESOURCES* ~~ .... Q. .... tl c c ~ c c .!! ta ~ -~ ~ "' "' ru ~~ -'= .!::! Q. OJ·-of.oll!!::-...... :1::: § .... c .. c . "' c Would the project: 0 .!!!' U) b.O :: "' "" 0 ~u;2 OJ ·-z 0.<11 .... "' a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to D D D jg] 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 Act D D D jg] contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to D D D jg] non-agricultural use or conversion of forest land to non-forest use? a-c) No Impact. The Robertson Ranch Master Plan EIR identifies all Important Farmlands within the Robertson Ranch Master Plan Area. All of the Prime Farmland and Farmland of Statewide Importance is located north of Cannon Road and is outside of the proposed development envelope of the project and will not be impacted by the project. In addition, the EIR concludes that implementation o1f the Robertson Ranch Master Plan does not constitute a significant impact to agricultural resources and thus no mitigation was required for implementation ofthe Master Plan. No impact is assessed. tl "tl tl "' .~::2! .. Q. .... "' Q. E -~ 5 § ~~ .... Q. ... tl Ill. AIR QUALITY* c c ~ c c ~ 1j ~ -~ ~ "' "' "' .1: u Q. Cij: ..... !!::::-1-0i: § OJ ·-U) ·c: .... c "' c . 0 .!!!' ~~~ "' "" 0 OJ ·-Would the project: 0.<11 ""'"' z a) Conflict· with or obstruct implementation of the applicable air D D jg] D quality plan? b) Violate any air quality standard or contribute substantially to an D D jg] D existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard D D jg] D (including releasing emissions which exceed quantitative thresholds for ozone precursors)? August2015 -7-Initial Study Ill. AIR QUALITY* Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 tl "t:l ... u "' ..c::.l!! "' <l. ... "' <l. E -~ 5 .§ ~~ ... <l. c 1:: tl c c ... "' "' ~ -~ ~ "' "' "' ~~ t=~ <l. .. ·-..... ~- U) '2 .§ ... c "' c . 0 .9P 1ft bD .'!::: ~ -~ 0 Would the project: O..V> ~<n:i: .... "' z d) Expose sensitive receptors to substantial pollutant D D D ~ concentrations? e) Create objectionable odors affecting a substantial number of D D ~ D people? *Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. 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 (NOz), carbon monoxide (CO), sulfur dioxide (S02L particulate matter (PM1o, and PMz.sL lead and toxic air contaminants. Althoug:h there are no ambient standards for VOCs or NOx, they are important as precursors to 03. The San Diego Air Basin (SDAB) is designated as a marginal nonattainment 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 PM1o, which was determined to be unclassified. The SDAB is currently designated nonattainment for 03 and particulate matter, PM1o and PM2.s, under the CAAQS. It is· designated as attainment for CAAQS for CO, NOz, SOz, lead and sulfates. a) Less than Significant Impact. The project site is located in the SDAB. The periodic violations of (NAAQS) in the SDAB, particularly for 03 in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed by the San Diego County Air Pollution Control District (APCD) with regional growth projections provided by San Diego Association of Governments (SANDAG). 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 April2009. 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 attainment 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 August2015 -8-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 1.5-05/MS 15-12 in the SANDAG growth projections and Carlsbad's General Plan in 2009 used to develop the RAQS and SIP, which at that time included an Office (O) Land Use designation for Planning Area 22 and the approved development of a 66,000 square foot office building with 1,320 Average Daily Trips (ADT). The proposed 98 unit senior housing project is expected to generate 392 ADT, which is 928 ADT less than the previously approved project. Therefore, operation of the proposed project will result in less emissions than 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 ambient 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 03 are considered most representative of 03 in Carlsbad. The Escondido-East Valley Parkway monitoring station is the nearest location where PM1o, PMz.s, NOz, and CO concentrations are monitored. TheEl 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 03 concentration did not exceed the state standard any time during the years 2010 through 2013; the 8-Hour 03 concentration exceeded the state standard in 2010, 2011, and 2012, and exceeded the federal standard in 2012; the 24-Hour PMw concentration exceeded the state standard in 2009; the state annual PMw standard was exceeded in 2013; and the federal standard for 24-Hour PMz.s standard was exceeded in 2012 and 2013. Air quality within the region was in compliance with both CAAQS and NAAQS for NOz, CO, and SOz during this monitoring period. Grading and Construction: The project involves construction of a 98 unit multi-family senior housing complex and hardscape improvements which include emissions associated with the minor grading to an existing graded pad and building construction. Emissions would be minimized through standard construction measures, storm water pollution prevention P!an 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, resulti1ng 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 392 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) less than Significant Impact. Air quality emissions associated with the project include emissions from grading and construction. However, grading and construction operations associated wiith the project would minimize emissions through standard construction measures, storm water pollutiion 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. August 2015 -9-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 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 project, 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. .... "C tl u "' ..c: 2:l "' a. .... "' a. E -~ 5 .§ IV. BIOLOGICAL RESOURCES >:: .... a. .... .. = c c c ... c c u -!. G m e 8 "' "' "' ..£: .:! a. c;: -5;.!: ... ~ .§ Ill·-Ul 'i: ..... .... c "' c Would the project: 0 -~ en bD ·-~~ 0 0..<1! ~v;~ 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, policies, or D D IZl D 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 D D D IZl local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not D D D IZl 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 resident D D D IZl or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological D D D IZl resources, such as a tree preservation policy or ordinance? August 2015 -10-Initial Study IV. Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 tl , tl "' ..<:.l!! "' a. ... .. a. E .§ a § BIOLOGICAL RESOURCES ~~ ... a. ... tl 1: 1: ... 1: 1: ~ :3 ~ .~ ~ "' "' .. J: .~ a. c~ .... ~-....... § ., ·-"' 1: • 0 ·c ... 1: Would the project: 0 .!:!!' "" bO ~ "' tiD 0 !lu;2 ., ·-z O..tll -'"' f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved D D D IX] local, regional, or state habitat conservation plan? a) Less than Significant Impact. In addition to the Robertson Ranch Master Plan EIH, an additional Preliminary Biological Assessment was prepared by Planning Systems, dated August 10, 2'.009, to provide a site specific evaluation of the biological resources on the project site in association with the previously approved ROBERTSON RANCH PA 22 project, which allowed for the expansion of the Planning Area 22 site and the grading and development of the existing RV storage facility and construction of a 66,000 sq. ft. office building; the latter of which has not been constructed but is superseded by this proposal. According to the EIR and subsequent assessment, no riparian, aquatic or wetland habitat, nor any other sensitive natural communities were found to exist on the site. Prior to the issuance of this grading permit (GR 09- 25), the applicant mitigated all impacts to HMP Habitat Groups D, E and F through payment of in-lieu mitigation fees pursuant to Mitigation Measure No.6 as required by the addendum adopted by Planning Commission Resolution No. 6657 on December 16, 2009. The proposed project is confined to the existing graded pad for which all impacts have been previously mitigated and therefore does not result in additional impacts not previously analyzed. Therefore, a less than significant impact is assessed as it relates to biological habitat modification or impacts to sensitive species. Additionally, Cal avera Creek is located off site and adjacent to the project's southerly boundary within the Rancho Carlsbad Mobile Home Park. According to the Preliminary Biological Assessment discussed above and the previous CEQA review, the open water found in the creek bottom of this off-site creek channel does not support any wetland species typically associated with a freshwater stream. Winter rains scour the channel bottom periodically keeping it free of vegetation, while the creek banks and adjacent flat bench are planted with ornamentals and maintained regularly by the Rancho Carlsbad Home Owners Association. Therefore, the northern edge of the channel bottom (the edge of Open Water) represents the wetland feature most proximate to the proposed project boundaries. Pursuant to the HMP conservation standards, a 100-foot buffer is generally required from all wetlands, which this project and the existing graded pad incorporates by design, except in an area nearest to the main project entrance at Wind Trail Way and Cannon Road where a buffer of lesser width was previously approved by the Wildlife Agencies. The project does not propose any significant changes to the existing graded pad or propose development within the established buffer area as discussed above. Best Management Practices (BMPs) as required by the Stormwater Management Plan contains adequate measures that will preclude significant sediment runoff from the site. The project will implement standard erosion control measures to avoid pollution and sedimentation of important water resources and the loss of vegetative resources from sloped areas. Furthermore, it should be noted that there is an existing 6 ft. talil masonry wall belonging to the Rancho Carlsbad Mobile Home Park and located on the north side of the Cal avera Creek channel, which further separates this project and provides for additional buffering. As a result of these factors, a less than significant impact is assessed. August2015 -11-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 b-f) No Impact. Both the Robertson Ranch Master Plan EIR and the previous ROBERTSON RANCH PA 22 project specific Preliminary Biological Assessment both indicate an absence of federally protected wetlands on the project site as defined by Section 404 ofthe Clean Water Act. Therefore, the project will not have a substantial adverse effect on federally protected wetlands through direct removal, filling, hydrological interruption, or other means. The proposed project has been designed to comply with the requirements of the Carlsbad HMP and does not directly impact any identified animal migration corridors through the city. While the project site is located adjacent to Calavera Creek, which may serve as a wildlife movement corridor, the project is providing adequate buffers from the creek channel as discussed above. Standard HMP requirements as they pertain to fencing, lighting, and the use of noninvasive plant species have been incorporated into the project design to minimize any potential edge effects. The project has been designed to comply with the City of Carlsbad H.MP and does not conflict with any policies or ordinances protecting biological resources within the city. As a result, the project is determined to comply with the regulations and requirements of the HMP and does not conflict with any other policies or ordinances protecting biological resources at a local, state or federal level. Therefore, no impact is assessed. t: 'tl t: "' " "' .c ... Q. .. " Q. E ·~ ci § v. CULTURAl/PAlEONTOlOGICAl RESOURCES >= ... , .. .. .. = c c: ; (S c c u ~ 5 "' "' "' ~ .!:! ~~ '5~ Q. C"i: ..... !t: -~ § s ·c ~ -~ ~~ "'·c Would the project: 0 .!!!> .. .. 0 Q) ·-"'"' ..... V) -=~ ..... "' z a) Cause a substantial adverse change in the significance of a historical D D D IZl resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an D IZl D ,D archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or D IZl D D site or unique geologic feature? d) Disturb any human remains, including those interred outside of D IZl D D formal cemeteries? a} No Impact. A Cultural Resources Survey and Evaluation for the entire Robertson Ranch Master Plan Area was prepared by Brain Smith and Associates (BFSA), dated June 2002 as part ofthe Robertson Ranch Master Plan Environmental Impact Report (EIR 03-03). Cultural resource sites were identified throughout the Master Plan area and no historical sites were located within the footprint of the proposed project site. However, a Historic Structure P-37-024329, the original Robertson Ranch House, was located nearby to the east and outside of the footprint of the subject project. This structure was described as a rectangular wood-frame and sided, Victorian style structure that had several modern era additions. The BFSA Cultural Resources Survey and Evaluation determined that the structure was in poor condition at the time and not deemed a significant historical structure. No mitigation was required, and the structure has since been removed. Therefore, the project does not cause a substantial adverse change in the significance of a historical resource as defined in §15064.5. No impact is assessed. August 2015 -12-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 b, d) less than Significant with Mitigation Incorporated. A Cultural Resources Survey and Evaluation for the entire Robertson Ranch Master Plan Area including the "Option Parcel" was prepared by Brain Smith and Associates (BFSA), dated June 2002 as part of the Robertson Ranch Master Plan Environmental Impact Report (EIR 03-03). The BFSA Cultural Resources Survey and Evaluation identified a small archaeological site on the proposed project site in the location of the existing RV storage lot. Cultural Site SDI-16,138 was identified as a small scatter of marine shell and associated lithic artifacts located on a gradual slope west ofthe original Robertson Ranch house. Testing ofthe site demonstrated that SDI-16,138 consisted of a moderate scatter of marine shell with a smallamount of bone and lithic artifacts. Testing concluded that the presence of both marine shell and bone indicated food processing was the primary activity at the site, while the surface artifacts suggested limited lithic tool production or maintenance also occurred. The site was deemed to be significant and required mitigation through excavation and analyses. In accordance with the Robertson Ranch Master Plan EIR 03-03 mitigation monitoring and reporting program, a data recovery program was completed for archaeological site SDI-16,138. This data recovery program was documented in the Results of a Cultural Resources Mitigation and Monitor;ng Program for Robertson Ranch, dated November 26, 2008, by Brian F. Smith and Associates. According to this report, no lithics were present in the collection, nor was pottery or any other temporally distinct artifact encountered from SDI-16,138 during the data recovery program and thus mass grading of the site was allowed to occur in compliance with the Robertson Ranch Master Plan EIR 03-03 mitigation measures. The later expansion of the Planning Area 22 (PA 22) project site in the easterly direction for the development of the existing RV storage facility and approved 66,000 sq. ft. office building (never constructed) involved additional excavation and grading of the "Option Parcel" to fully develop the pad as it sits today. A Mitigated Negative Declaration was prepared for that project and archaeological monitoring by both a qualified archaeologist and tribal monitor(s) of the San Luis Rey Band of Mission Indians were provided during all earth-disturbing activities to mitigate any accidental discovery of archeological resources in accordance with the California Environmental Quality Act (CEQA) Section 15064.S(f). Although the proposed project does not include expansion of the PA 22 existing graded pad, the proposed grading does include remedial excavation and re-compaction over portions of the existing graded pad, along with trenching for utilities, future building foundations and a fire access connection at Cannon Road. Given previous discoveries onsite and in the general vicinity, there is potential for accidental discovery of buried archeological and/or cultural resource deposits. Therefore, in accordance with the California Environmental Quality Act (CEQA) Section 15064.5(f), which requires provisions for the identification and evaluation of accidentally discovered archeological resources; mitigation measures have been added to the project requiring archaeological monitoring by both a qualified archaeologist and tribal monitor(s) of the San Luis Rey Band of Mission Indians during all earth-disturbing activities. In the event that any cultur;::~l resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project boundaries during construction activities, all work is to be halted near the discovery and a qualified archeologist shall record and evaluate the discovery under CEQA. Through the implementation of these mitigation measures, along with the requirements of tribal monitoring and a formal pre-excavation agreement with the San Luis Rey Band of Mission Indians, impacts to any unforeseen or accidentally discovered cultural resources are reduced to a level of less than significant. c) less than Significant with Mitigation Incorporated. The Robertson Ranch Master Plan EIR identified the possibility of paleontological resources being present within the soils that were identified within the Robertson Ranch Master Plan area. Grading for the development of the existing pad and previous project August 2015 -13-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 did not reveal any paleontological resources as indicated in a July 22, 2010 monitoring report by Brian F. Smith and Associates (Negative Paleontological Monitoring and Mitigation Report, Robertson Ranch PA- 22, City of Carlsbad, Brian F. Smith and Associates, July 22, 2010). However, the grading discussed in the above paragraph while considered minor could result in the accidental discovery of paleontological resources. Therefore, a mitigation program which involves the review of the grading plans and full time attendance of a paleontologist during grading operations (i.e., cuts), with the authority to direct grading in order to salvage and curate resources, will mitigate impacts to a less than significant level. .. "'C .. u u ... "' ... Q. ,c .. Q. .. ... E "§ 0 .§ VI. GEOLOGY AND SOILS >:;::; .. Q. .. ~ = <:: <:: <:: ... <:: <:: ~ ~ m f3 8 ... ... ... -:5~ Q. s::~ £;.5 .§ "'·-"" ·c .....: ~ ·c .. <:: Would the project: 0 -~ ~~~ ~ .~ 0 0..<1) ...I <II z a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other D D D lXI substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? D D ~ D iii. Seismic-related ground failure, including liquefaction? D D lXI D iv. Landslides? D D D lXI b) Result in substantial soil erosion or the loss of topsoil? D D lXI 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 D D lXI D on-or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Section 1802.3.2 of the California Building Code (2007), creating substantial risks to life or D D lXI D property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are D D D ~ not available for the disposal of wastewater? a.i.) No Impact. There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. No impact is assessed. a.ii.-a.iii.) Less than Significant Impact. The project site is situated in the western portion of the Peninsular Ranges geomorphic province of southern California. The most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the north San Diego County area, indicates that the project is considered to be in a seismically active area, as is most of southern California. This map however, indicates that the subject site is not underlain by known active faults, nor is there evidence of ground displacement in the area during the last 11,000 years. The closest fault, the Rose Canyon fault, is located approximately 4.5 miles westerly of the site. The Elsinore fault zone is located approximately 24 miles east of the site. The potential for rupture resulting from earthquake is considered to be low. The subject site is not within a fault-rupture hazard zone as indexed in the Division of Mines and Geology Special Publication 42. August 2015 -14-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 The geotechnical evaluation that was prepared for the Robertson Ranch Master Plan EIR by GeoSoils, Inc., dated September 2004, concluded that the subject site appears generally suitable for grading and development from a geotechnical perspective. A further analysis by GeoSoils, Inc. dated March 6, 2009 was prepared subsequent to the import of fill soil onto the Planning Area 22 (PA 22) site per a rough grading plan approval for the East Village Master Final Map. This analysis concluded that the fill soil operations had been completed in general accordance with the City grading ordinance and per recommendations by the geologist. A second phase of site grading was performed in 2010 (GeoSoils Inc., 2010), the purpose of which was to prepare the remaining ungraded portion of PA 22 for the construction on the existing RV storage site and approved 66,000 sq. ft. office building. Existing colluvium (top soil), near surface alluvium, and weathered formational material were removed to suitable earth material and re-compacted as fill. Additional fill soils were imported to the site from other areas of the Robertson Ranch development to achieve the desired grade configurations that are present today. However, according to the most recent updated report by GeoSoils, Inc. dated May 12, 2015 (Geotechnical Update, Planning Area 22 of Robertson Ranch East Village, W.O. 6896-A-SC), the western and southwestern portions of PA 22 consist of compacted soil overlying alluvial soils that were left in place where building construction is now being proposed. These alluvial soils will need to be removed and the uppermost fill soils that have become relatively dry and loose will also need to be removed and re- compacted to support the currently planned development. By following the recommendations contained within the referenced report, the site is suitable for the proposed project and exposure of people or structures to geotechnical related hazards is considered less than significant. a.iv.) No Impact. The geotechnical evaluation for the Robertson Ranch Master Plan EIR concluded that no landslides exist on or near the Planning Area 22 project site. No Impact is assessed. b) less than Significant Impact. During finish grading, exposure of soils could lead to an increased chance for the erosion of soils from the site. However, such grading will follow best management practices for the control of erosion, such as straw bale or sandbag barriers, silt fences, slope roughening, and outlet protection in exposed areas. Finished grades will be promptly hydroseeded or otherwise protected as required per the adopted City Grading Ordinance. If necessary, temporary slope cover such as straw matting or mulch will be applied to newly graded slopes to reduce the potential for soil erosion or the loss of topsoil to a level that is considered to be less than significant. c-d) less than Significant Impact. Liquefaction describes a phenomenon in which cyclic stresses, produced by earthquake induced ground motion, creates excess pore pressures in relatively cohensionless soils. These soils may thereby acquire a high degree of mobility, which can lead to lateral movement sliding, consolidation and settlement of loose sediments, sand boils, and other damaging deformations. This phenomenon occurs only below the water table, but after liquefaction has developed it can propagate upward into overlying, non-saturated soil, as excess pore water dissipates. According to the geotechnical report that was prepared for the Robertson Ranch Master Plan EIR, liquefaction potential was identified within the alluvial soils of Robertson Ranch project area. Alluvial soils appear to occur within two distinct depositional environments onsite. One is characterized as tributary alluvium (QaiA), deposited within smaller canyons and gullies dissecting slope areas; and valley alluvium (O.al6), deposited within the larger, broad flood plains located along the eastern and southern sides of the Robertson Ranch project area. The Robertson Ranch Master Plan EIR included a mitigation measure requiring a minimum 10 to 15 foot layer of non-liquefiable soil material (i.e., compacted fill plus alluvium above the groundwater table) be provided beneath any structure to reduce any potential liquefaction potential. The August 2015 -15-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H}/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 March 6, 2009, GeoSoils, Inc., report indicated that loose surficial materials (i.e., existing topsoils, colluviums, near surface alluvium, and unsuitable formational soils), were removed to expose suitable bearing soils, as defined in the approved report for the site. However, according to the most recent updated report by GeoSoils, Inc. dated May 12, 2015 (Geotechnical Update, Planning Area 22 of Robertson Ranch East Village, W.O. 6896-A-SC), the western and southwestern portions of Planning Area 22 consist of compacted soil overlying some alluvial soils that were left in place where building construction is now being proposed. These alluvial soils along with and the uppermost fill soils (2 to 3ft.} that have become relatively dry and loose will need to be removed and re-compacted to support the currently planned development. By following the recommendations contained within the referenced report, the site is suitable for the proposed project and exposure of people or structures to geotechnical related hazards is considered less than significant. e) No Impact. The proposed project does not propose septic tanks but instead will utilize the public sewer system. Therefore, there will be no impacts involving soils that support the use of septic tanks or alternative wastewater disposal systems. No impact is assessed. .. "'0 .. u .. u "' "' a. .s:: .. a. .. "' E "§ l5 .§ VII. GREENHOUSE GAS EMISSIONS >= .. a. .. tl = c: c: c: ... c: c: ~ 5 ~ -~ -~ "' "' "' £~ a. co.;: .... ~-.§ 2 ·c en C ,..: "'"2 Would the project: 0 .!!!' U'l bD ·-;D .99 0 C.. <I) .!!1;;;2 ..... "' z a) Generate greenhouse gas emissions, either directly or indirectly, D D IZl D that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for D D IZl D the purposes of reducing the emissions of greenhouse gases? a-b) less than Significant Impact. The project is expected to generate GHG emissions in the short-term as a result of construction emissions and in the long-term primarily as a result of automobile trips and energy consumption. Based on the GHG ernission calculations contained within the Greenhouse Gas Assessment prepared for the project by LON Consulting, Inc., October 26, 2015, the proposed project is expected to generate a total of 870.52 metric tons of carbon dioxide equivalent emissions {C02e). Automobile trips and energy consumption being the two largest contributors would represent 581.06 metric tons of COze emissions; and 189.35 metric tons of COze emissions; while project related construction emissions would represent 21.96 metric tons of C02e emissions averaged over a 20 year period. The City of Carlsbad's Climate Action Plan includes a significance screening threshold criteria of 900 metric tons of GHGs. While the proposed project is expected to generate some short-term and long- term GHG emissions that could contribute directly and indirectly to the environment, the total GHG emissions (870.52 COze) generated by the project, combined with the state and federal reduction measures are below the screening threshold and thus are not considered significant. Therefore, impacts from GHG emissions on the environment are considered to be less than significant. August 2015 -16-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03{H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 tl -a -u "' ., "' ..c::-c. -"' c. E "§ a .§ VIII. HAZARDS AND HAZARDOUS MATERIALS ~~ -c. ... tl 1: 1: ... 1: 1: ~ 5 m G 8 "' "' "' .c .!::! c. <:<;::: £;..5 ... -.§ ., ·-"'·c .. U1 "2 ... 1: Would the project: 0 -~ U) bO ·-.. .. 0 ~in:!E ., --O.VI ...I VI z a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous D D ~ D materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the D D ~ D 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 D D D ~ 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 D D D ~ 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 D D D ~ 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 D D D ~ the project area? g) Impair implementation of or physically interfere with an adopted D D D ~ emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are D D D ~ adjacent to urbanized areas or where residences are intermixed with wildlands? a-b) Less than Significant Impact. The proposed project involves minor grading operations and construction activity for the reconfiguration of the existing RV storage facility and development of a 98- unit senior housing project in place of a previously approved 66,000 sq. ft. office building. During the construction phases of the proposed project, construction equipment and materials typically associated with land development (i.e. petroleum products, paint, oils and solvents) will be transported and used onsite. Upon completion of construction of the project, some use of hazardous cleaning products on the site may occur. Other than during this construction phase, the project will not routinely utilize hazardous substances or materials. All transport, handling, use, and disposal of any cleaning substances will comply with all Federal, State, and local laws regulating the management and use of such materials. No extraordinary risk of accidental explosion or the release of hazardous substances is anticipated with construction, development, and implementation or operation of the proposed project and use. Therefore, it is concluded that the routine amount of hazardous materials utilized during the construction period is not significant, and the project in general will not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials; or create a significant August 2015 -17-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03{H}/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. c-h) No Impact. The project site is not listed on any county, State or Federal databases as a hazardous waste use or disposal site as compiled pursuant to Government Code Section 65962.5 and, as a result, would not create a significant hazard to the public or environment. The site is in excess of X mile from the nearest school {Kelly Elementary and Sage Creek High}, and is not located within the Airport Influence Area of the McClellan Palomar Airport Land Use Compatibility Plan, or adjacent to or withiin the vicinity of any private airstrips. Neither construction, nor the operation of the proposed project, will significantly affect, block, or interfere with traffic on public streets, including any streets that would be used for an emergency response plan or emergency evacuation plan. No emergency response or evacuation plan directs evacuees through the project site, and no improvements are proposed by the project in any area which would physically interfere with an adopted emergency response plan or emergency evacuation plan. Furthermore, the Structure Fire/Wildfire Threat to the project site is identified as "Little or No Threat" as shown on theCitis General Plan Fire Hazard Severity Zone Map and it should be further noted that a new fire station is currently under construction and located directly across Cannon Road from the project site, which is expected to be completed by January/February 2016. No impact is assessed. ~ "C tl u "' "' "' c. .c~ c. ~ "' E '§ 0 .§ IX. HYDROLOGY AND WATER QUAliTY >:;: ~ c. ~ tl = c ; ; 0 c c :!. ~ "' "' "' -'= .~ ~ ~ -~ c. C:ti: .... ~-ofJ!t:: .§ .s '2 .. c . .. c Would the project: 0 .!:!l 11.1 bO ~ .. 0.0 0 ~iii2 "'·-z O..tll ...I til a) Violate any water quality standards or waste discharge D D rzJ D 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 D D rzJ D 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 which 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, D D rzJ D in a manner, which would result in substantial erosion or siltation on-or off-site? 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 D D rzJ D 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 provide D D rzJ D substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? D D rzJ D g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or D D rzJ D otherflood delineation map? August 2015 -18-Initial Study IX. Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H}/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 tl "C tl "' GJ "' Q. ..C:+" Q. .... "' E -~ 0 .§ HYDROLOGY AND WATER QUAliTY ~~ c: c ~ .... .... c c u ~~ ~ .§ ~ "' "' "' ..s::: .~ Q. GJ ·- ...,!!::_ ..... ~ .§ .... c "' c . "' c Would the project: 0 -~ "" bD ~ "' "" 0 ~v;:?: GJ ·-2! 0..<1'1 ..... <1'1 h) Place within 100-year flood hazard area structures, which would D D IZl D 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 D D IZl D of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? D D IZl D a) less than Significant Impact. The project is required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act, California Administrative Code Title 23, specific basin plan objectives identified in the "Water Quality Control Plan for San Diego Basin" (WQCP}, and the city's Standard Urban Storm Water Management Plan (SUSMP}. The WQCP contains specific objectives for the Carlsbad Hydrologic Unit, which includes the requirement to comply with National Pollutant Discharge Elimination System (NPDES} and the use of Best Management Practices (BMPs). Construction activities for this project are covered under state-wide construction permit Order No. 2009-0009-DWQ issued by the State Water Resource Control Board Permit. As part of the permit requirements, the applicant will prepare and submit a Storm Water Pollution Prevention Plan (SWPPP} for the project. Through each phase of construction, the SWPPP will identify specific erosion control and storm water pollution prevention plan practices that will be implemented to protect downstream water quality. Post- development activities for this project are covered under Order No. R9-2007-0001 issued by the California Regional Water Quality Control Board San Diego Region. As part of these requirements, the applicant must prepare and submit a Storm Water Management Plan (SWMP} addressing what treatment Best Management Practices (BMPs} will be constructed to treat the post-development runoff from the project. The SWMP will address how pollutants from this project will be reduced, captured, filtered, and/or treated prior to discharge from the project site. Through this process, the project will not violate any water quality standards or waste discharge requirements and impacts are therefore considered to be less than significant. b) less than Significant Impact. The project does not propose to directly draw any groundwater; instead it will be served via existing public water distribution lines within the public right-of-way located adjacent to the site. Existing water lines will adequately serve the project's water demands. Rainwater infiltration is needed to provide adequate groundwater recharge. A Preliminary Drainage Study and a Preliminary Storm Water Management Plan dated May 14,2015, were prepared f!Jrthe project by O'Day Consultants, Inc. According to the reports, the project incorporates Low Impact Development (LID} design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, and directing run-off to bio-retention basins. The implementation ofthe LID design features will mitigate the potential impacts that the development can have on storm water. The project will not significantly deplete groundwater supplies or quality. Therefore, impacts are considered to be less than significant. August.2015 -19-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 c-f) less than Significant Impact. The Preliminary Drainage Study and Preliminary Storm Water Management Plan (O'Day Consultants, May 14, 2015) for the project indicate that the proposed drainage design does not adversely affect surrounding properties and the storm drain system adequately drains the proposed project in a 100-year storm event. Construction of the proposed project improvements is required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act and associated NPDES regulations and temporary impacts associated with the construction operation will be mitigated. The total post development runoff discharging from the site will not significantly exceed the pre-development amounts. The project incorporates low Impact Development (LID} design features, which promote infiltration of storm water run-off by proposing to minimize impervious surface areas, and directing run-offto,bio-retention basins that serve as a treatment BMP to attain water quality objectives. Therefore, the project will not violate any water quality standards, deplete groundwater supplies or quality, substantially alter existing drainage patterns, cause substantial erosion or flooding, or significantly impact the capacity of storm water drainage systems. The above reports indicate that Standard Storm Water Permanent Best Management Practices (BMPs) will be incorporated into the project design to address water quality for the project. BMPs will be implemented during construction and post construction phases, which specifically address sediments, nutrients, trash and debris, oxygen demanding substances, oil and grease, bacteria and viruses, and pesticides. As discussed in the above sections, the project will not significantly increase pollutant discharges and will not alter the water quality of the receiving surface waters, and the amount of discharge and velocity of run-off will not significantly exceed pre-development levels. As a result of these project design features, there will be less than significant impact to water quality, site erosion, and pollutant discharge, and no receiving water quality will be adversely affected through implementation of the proposed project. g-j) less than Significant Impact. The Planning Area 22 (PA 22} previously graded pad is not located within a 100-year flood hazard area according to Flood Insurance Rate Map, Map No. 06073CCI768G (May 16, 2012). Therefore, the development project on PA 22 will not place any structures within the 100-year flood hazard area, which would impede or redirect flood flows; and it will not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding from seiche, tsunami and mudflow. However, according to the City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, Catastrophic Dam Failure Inundation, Tsunami and Seiche Hazard Zone Maps (November 1992), the southern portion oft he open space lot (i.e., Planning Area 23G) located along Calavera Creek does appears to be within a Catastrophic Dam Failure Inundation Zone for both Calavera lake and Squires Dam, which following a catastrophic failure could potentially inundate areas around the site that are below a 50 ft. elevation. The finished floor elevations for the PA 22 project site are approximately 7 ft. above this elevation (i.e., 57 ft. AMSl). Containment structure (i.e., dams) are subject to extensive design and maintenance requirements of the California Division of Safety of Dams; and furthermore, the probability for a catastrophic failure at either dam is considered extremely low. Therefore, the potential impact associated with dam inundation is considered to be less than significant. August 2015 -20-Initial Study X. Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H}/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 tl ., tl "' "' "' -a. .c ... a. ... .. E "3: 5 .§ LAND USE AND PLANNING >:;::; ... a. ... ... = c c c ... c c u ~ ~ ~ -~ ~ .. .. .. .I:.~ a. ctt= ...,~-~:= .§ "'·-... c '" c ,._j "' c Would the project: 0 .~ ~ ~~ ~ .9!l 0 ll.V! ..lVI z a} Physically divide an established community? 0 0 0 cg] 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 0 0 0 cg] zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural 0 0 0 IX] community conservation plan? a) No Impact. Development of the subject project will not physically divide an established community. No impact is assessed. b) No Impact. The proposed project involves a Master Plan Amendment which would modify the allowable land uses on the Planning Area 22 (PA 22} site from the Office (0} General Plan Land Use designation to the R-23 Residential (15-23 du/ac} General Plan Land Use designation consistent with the General Plan Land Use that was adopted for the site on September 22, 2015 by City Council Resolution No. 2015-243. The R-23 Residential land use allows for multiple-family residential development between 15 and 23 dwelling units per acres, in addition to the RV storage lot for the benefit of the residents of the Robertson Ranch East and West Villages. The proposed Residential Density-Multiple (RD-M) Zone, which is also included as part oft he Master Plan Amendment, implements the R-23 Residential land use category that was adopted for the site. The senior housing project is consistent with the requirements and standards of the RD-M Zone; and the existing reconfigured RV storage facility is also consistent with the uses envisioned by the Robertson Ranch Master Plan. The RV Storage facility is a requirement of that plan and has been designed in accordance with the development standards outlined within. The Robertson Ranch Master Plan EIR included an analysis of then-proposed residential d~velopment compatibility with the adjacent Rancho Carlsbad Mobile Home Park project. The proposed PA 22 senior housing project and RV storage lot maintains setbacks, grades and the general quality and standards that were identified in the EIR to mitigate any potential land use compatibility impacts to the Rancho Carlsbad Mobile Home Park project. Furthermore, the proposed senior apartment buildings and RV storage facility have been designed to include design features through landscaping, screen walls and liighting controls that help to reduce any potential land use compatibility concerns from the proposed development. Therefore, the proposed project does not result in a significant impact to Planning and Land Use policy compliance. No impact is assessed. c) No Impact. The proposed project does not conflict with any habitat conservation plans or natural community conservation plan policies. No impact is assessed. August2015 -21-Initial Study XI. Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 -"0 ti u "' QJ "' Q.. .<:: ..... Q.. ..... "' .§ "§: C; ..§ MINERAL RESOURCES > ... .,_.o. ..... tJ = c c c ~ c c C1l C1l ~ -~ § "' "' C1l ·;::; u £¥ 0. c.:+= .......... -..§ QJ ·-1.1') ·c . 1.1) ·c ..... c Would the project: 0 -~ ~ ~~ "' tlO 0 QJ ·-z O.Vl ....J Vl 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 D D D ~ State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific D D D ~ plan, or other land use plan? a-b) No Impact. Carlsbad is devoid of 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. (EIR 13-02, page 3.15-1). ti '0 ti "' .c.l!l "' Q.. .... "' Q.. E '§ :s .§ XII. NOISE >::: ... Q.. .... ti = c c c ~ c c :! ~ ~ .~ ~ "' "' "' ..£: .~ Q.. ct;::: ..... ::!::-..... !!:: .§ .. ·-..... c "' c . "' c Would the project result in: 0 .!:!' !! ~ ~ "' tiD 0 .. ·-O.U> _, "' z a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance D ~ D D or applicable standards <;>f other agencies? b) Exposure of persons to or generation of excessive groundbourne D D D ~ vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the D ~ D D project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels D ~ D D in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or D D D ~ public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to D D D ~ excessive noise levels? a, c, & d) Less than Significant Impact with Mitigation Incorporated. A noise study was prepared for the proposed project to determine compatibility with the City of Carlsbad's Noise Guidelines Manual (Ldn Consulting, Inc., August 28, 2015). The study identifies vehicle noise from Cannon Road as the primary noise source within the vicinity of the project site. According to the report, no exterior noise mitigation is necessary for compliance with the City of Carlsbad Noise Guidelines Policy Goal of 60 dBA CNEL at the common use area, which are shielded by the existing noise wall located parallel to Cannon Road along August 2015 -22-.Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 with the proposed building configurations. However, exterior noise levels at the residential building facades (Levels 1-3) were found to be above the 60 dBA CNEL threshold in various locations, and the project would thus be required to perform an interior assessment prior to issuance of a building permit in order to ensure a 45 dBA CNEL interior noise level consistent with the City of Carlsbad's Noise Guidelines and also Title 24 of the California Code of Regulations. The report indicates that interior noise levels of 45 dBA CNEL can easily be obtained with conventional building construction methods and upgraded windows. A mitigation measure requiring submittal of an acoustical study prior to issuance of a building permit to ensure a 45 dBA CNEL interior noise level is achieved consistent with the City of Carlsbad's Noise Guidelines and Title 24 of the California Code of Regulations has been included to reduce impacts to a level considered to be less than significant. b) No Impact. The uses associated with the proposed project are senior housing and R:V storage. The surrounding uses consist of residential as well. These residential uses will not expose people to excessive ground bourne vibration or excessive ground bourne noise levels. No impact is assessed. e) No impact. The subject site is located within approximately two (2) miles of McClellan-Palomar Airport. However, because the site is located outside of the noise contour lines and airport overflight notification area, it is concluded that locating senior housing at this site will not cause airport noise impacts for people residing within the project area. As such, tre project will not expose people residing or working in the project area to excessive noise levels. No impact is assessed. f) No Impact. The subject site is not located adjacent to or within the vicinity of a private airstrip for which the project would expose people residing or working in the project area to excessive noise levels. No impact is assessed. tl '1:1 tl "' "' "' <l. .c-<l. -"' E ·;: Ci .§ XIII. POPULATION AND HOUSING >:: -<l. . -tl = c ; ~ 0 c c :! ~ "' "' "' ..c -~ ~ ..c -~ <l. c<;::: .... ~-.... :'!::: .§ s "2 .. c • .. c Would the project: 0 .!!? ~ bD -~ ~ .~ 0 C. <II ~iii2 ..... "' z a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, D D D IZJ through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the D D D IZJ construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the D D D IZJ construction of replacement housing elsewhere? a-c) No Impact. Development of the proposed project will not induce substantial growth in the area, either directly or indirectly, nor will it displace existing housing or people. Infrastructure fatcilities required to serve this project are presently available in the street and do not require expansion. The subject site is currently vacant of residential development and therefore no existing housing or people will be displaced by the project. The project site is surrounded by other residential uses consisting of existing two-story single-family residential (PA 21) and three-story multifamily residential (PA 15) to the north; and the Rancho Carlsbad senior residential mobile home community to the south. The density of the proposed residential development (20 du/ac) is consistent with the City of Carlsbad General Plan and Growth Management Plan (R-23 Residential, 15-23 du/ac) and is compatible with the other surrounding residential uses. No impact is assessed. August 2015 -23-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03{H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 XIV. PUBLIC SERVICES Would the project: 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? ii. Police protection? iii. Schools? iv. Parks? v. Other public facilities? D D D D D D D D D D ti '" c. .§ D D D D D -u '" c. .§ 0 z ~ ~ ~ ~ ~ a.i-a.v) No Impact. The proposed project will not affect the provision and/or availability olf public facilities {i.e., fire protection, police protection, schools, parks, etc.). The proposed project shall be subject to the conditions and facility service level requirements within the Local Facilities Management Plan for Zone 14, therefore no significant public service impacts will occur. -"'CI ti u '" Ill '" c. ..::-c. ... '" E "§i 0 .§ XV. RECREATION >:: .. c. ... ti = c c c ... c c .!!! t'Q ~ -~ ~ '" '" '" ~~ ..c: .!::i! c. ..... ~-.. -.§ s ·c "' c . rn ·c 0 .!:!!' "'~~ ID .!3.0 0 O..Vl ~u;a: ...IV) z a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial D D D ~ 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 D D D ~ have an adverse physical effect on the environment? a-b) No Impact. In addition to the reconfiguration of the existing RV storage facility for which no recreation impacts will occur, the residential portion of the project is age restricted to seniors. The need for active recreation facilities for senior citizens is very low, yet is being provided onsite through construction of a pool area, landscaped garden courtyard and community recreation rooms. The need for expansion of recreation facilities generated by the proposed project is non-existent. Additionally, a community park serving the Robertson Ranch community will be constructed in the future across Cannon Road from the development and existing walking paths are currently available throughout the Robertson Ranch master planned community, for which this project is a part, to accommodate the future needs of project residents. August 2015 -24-Initial Study Project Name: CANNON ROAD.SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 .... -a 13 u GJ .. "' Q. .S::+' Q. .... "' E '§ Ci .§ XVI. TRANSPORTATION/TRAFFIC >:;:: .... Q. .... .... = c c c ... c c u :! fj ~ .~ ~ "' "' "' .s::.!:! Q. c~ +'~-+'~ .§ .. ·-.... c "' c: ~ "' c Would the project: 0 .!!.0 U2l bD ·-ID -~ 0 0..!1) 2liii2 ....1(/) 2 a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of D D 0 D 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 D D D 0 demand measures, or other standards established by the county 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 substantial D D D 0 safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm D D D IZl equipment)? e) Result in inadequate emergency access? D D D 0 f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the D D D 0 performance or safety of such facilities? a) Less than Significant Impact. A traffic impact analysis comparing the proposed 98 unit senior housing/RV storage use to the previously approved 66,000 sq. ft. office/RV storage use was prepared (Urban Systems Associates, Inc., August 12, 2015). According to the analysis, the proposed 98 unit senior housing/RV storage use is expected to generate approximately 392 Average Daily Trips (ADT) with 20 AM peak hour trips (8 inbound/12 outbound) and 27 PM peak hour trips (16 inbound/11 outbound). The previously approved office/RV storage use was expected to generate approximately 1,320 ADT with 185 AM peak hour trips (167 inbound/18 outbound) and 172 PM peak hour trips (34 inbound/138 outbound), which was determined to have less than significant impacts relating to transportation and traffic. In contrast, the proposed project would be generating approximately 928 fewer ADT (70% reduction) than the previously approved office project with a reduction in AM peak hour trips by 165 trips (90% reduction) and a reduction in PM peak hour trips by 145 trips (84% reduction). All nearby road segments and intersections previously analyzed along Cannon Road, El Camino Real and College Boulevard are expected to continue operating at acceptable levels. Therefore, traffic related impacts from the proposed project are considered to be 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. August 2015 -25-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 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 is served by public transportation with a NCTD bus stop located along the project frontage of Planning Area 22. No impact assessed. tl 'C tl "' 01 "' c. .t:. ... c. ... "' E ·~ 0 § XVII. UTILITIES AND SERVICE SYSTEMS >:: ... c. ... .... = c c c ... c c u ~ -~ ~ -~ ~ "' "' "' -s~ c. c ... ..... ~-§ ~ ·c VI C ...Z "'·c Would the project: 0 -~ Ul bD ·-~ -~ 0 '"'"' .3iii2 -'"' 2 a) Exceed wastewater treatment requirements of the applicable D D D IX] Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the D D D IX! 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 D D D IX! 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 D D IX] entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity D D D IX] 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 D D D IX] accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations D D D IXl related to solid waste? a-g) No Impact. The Robertson Ranch Master Plan EIR concluded that overall impacts to public facilities and service systems were not significant provided that the appropriate agency conditions for development are met, including payment of public facilities fees. Noimpact is assessed. August 2015 -26-Initial Study XVIII. a) b) c) Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H}/SDP 15-E~/SDP 15-19/CUP 1.5-05/MS 15-12 t: 'tl .. "' u "' "' <>. .c .. <>. .. .. E '§ 0 .§ MANDATORY FINDINGS OF SIGNIFICANCE ~~ c c e-.. t: <: <: .5!! m ~ -~ ~ "' "' "' "C~ .c .!::! <>. ..... ~-.. -.§ "'·-~ ·c .. <: "' c ....; Would the project: 0 .!?P In bD ·-"' "" 0 ~iii2 "'·-0..<11 ...lVI z 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 IRl D D 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? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when D D IZl D viewed in connection with the effects of past projects, the effects of other current projects,, and the effects of probable future projects?) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or D D D IZl indirectly? a) Less than Significant with Mitigation Incorporated. The subject site does not support any protected or sensitive biological resources or habitat types. Calavera Creek, which is located off site and to the south, is the nearest sensitive biological resource. The proposed project is not directly impacting Calavera Creek, in that potential indirect impacts are reduced through incorporation of a 100-foot wide buffer 'made part of proposed site plan (except where previously reduced by the Wildlife Agencies} and the requirements of a Storm Water Management Plan precludes any offsite migration of sediment. Furthermore/ the project's required mitigation as outlined in the Cultural Resources section will preclude any elimination of important examples of major periods of California history or prehistory, thus reducing impacts to less than significant. Therefore, the project will not reduce the habitat of a fish or wildlife species; will not threaten to eliminate or reduce the number of endangered plant and animal species; and will not result in the elimination of any important examples of California history or prehistory. b) Less than Significant Impact. San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area and local General Plan land use policies are incorporated into SANDAG projections. Based upon these projections, region-wide standards, etc., are established to reduce the cumulative impacts of development in the region. All of the City's development standards and regulations are consistent with the region wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, ensure that development within the City will not result in a significant cumulatively significant impact. There are two regional issues that developments within the City of Carlsbad have the potential to have a cumulatively significant impact on. These issues are air quality and regional circulation. As described in the Robertson Ranch Master Plan EIR, the project will result in an increase in cumulative emissions in the a1r basin. However, the increase attributable to Robertson Ranch or this one specific project will not significantly impact basin wide air quality, which will remain effectively unchanged whether or not the development is implemented. August 2015 -27-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H}/SDP 15-13/SDP 15-19/CUP 1.5-05/MS 15-12 With regard to any other potential impacts associated with the project, city standards and regulations will ensure that development of the site will not result in any significant cumulatively considerable impacts. c) No Impact. Based upon the residential nature of the project and that future development of the site will comply with city standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. No impact assessed. August 2015 -28-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 XIX. LIST OF MITIGATION MEASURES CUl-l-The following archeological resource mitigation measures shall be implemented: a) Prior to the issuance of a grading permit and commencement of any ground disturbing activities, the project developer shall retain the services of a qualified archaeologist to monitor ground- disturbing activities. The applicant shall provide written verification that a qualified archaeologist has been retained to implement the monitoring program. The verification shall be presented in a letter from the project archaeologist to the lead agency. b) The qualified archaeologist shall attend a preconstruction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues; and to further explain and coordinate the requirements of the monitoring program. c) The qualified archaeologist shall be on-site during all grading, trenching, and other ground- disturbing activities unless otherwise agreed upon by the archaeologist and city staff. d) In the event any potential cultural resource is uncovered during the course of the project construction, ground-disturbing activities in the vicinity of the find shall be redirected until the nature and extent of the find can be evaluated by the archeologist. If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redirect grading/trenching while the cultural resources are documented and assessed. If archaeological resources are encountered during excavation or grading, the archaeological monitor shall direct the contractor to avoid all work in the immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance oft he find and determine an appropriate course of action. The appropriate course of action may include, but not be limited to avoidance, recordation, relocation, excavation, documentation, curation, data recovery, or other appropriate measures. The Project Contractor shall provide a reasonable period of time for pursuing the appropriate activities, including salvage of discovered resources. Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. Recovered artifactual mc:1terials and data shall be cataloged and analyzed. A report shall be completed describing the methods and results of the monitoring and data recovery program and submitted to the satisfaction of the lead agency prior to issuance of any building permits. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repatriated to the appropriate Native American Tribe(s), as specified in the pre-excavation agreement (see Mitigation Measure - CUl-2). e) If any human remains are discovered, all construction activity in the immediate area of the discovery shall cease immediately, and the Archaeological monitor shall notify the County Medical Examiner pursuant to California Health and Safety Section 7050.5. Should the Medical Examiner determine the human remains to be Native American; the Native American Heritage Commission shall be contacted pursuant to California Public Resources Code Section 5097.98. The Native American Monitor (see Mitigation Measure CUL-2), in consultation with the Native American Heritage Commission, shall inspect the site of the discovery of the Native American remains and may recommend to the City of Carlsbad, and the project contractor, actions for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. The project contractor shall provide a reasonable period of time for salvage of discovered human remains before resuming construction acti1vities. CUl-2-The following cultural resource mitigation measures shall be implemented: August 2015 -29-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H}/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 a} Prior to the commencement of any ground disturbing activities, the project develojper shall enter into a Pre-Excavation Agreement, otherwise known as a Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians. This agreement will contain provisions to address the proper treatment of any cultural resources or Luisefio Native American human remains inadvertently uncovered during the course of the project. The agreement will outline the roles and powers of the Luisefio Native American monitors and the archaeologist. b) Any and all uncovered artifacts of Luisefio Native American cultural importance should be returned to the San Luis Rey Band of Mission Indians, and/or the Most Likely Descendant, if applicable, and not be curated. c) Native American monitors and archaeological monitors shall have joint authority to temporarily divert and/or halt construction activities. If cultural resources are discovered during construction, all earth moving activity within and around the immediate discovery area must be diverted until the Luisefio Native American monitor and the archaeologist can assess the nature and significance of the find. d) 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. e) If a significant cultural resource(s) and/or unique archaeological resource(s) are unearthed during ground disturbing activities forth is 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 cultural resources. If however, the Applicant is able to demonstrate that avoidance of a significant and/or unique cultural resources 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. f) When 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 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 tribe and respectful and dignified treatment in accordance with the San Luis Rey Band of Mission Indians cultural and spiritual traditions. g) 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 Luisefio Native August 2015 -30-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 American monitor shall be present during the analysis 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. h) In the event that fill is imported into the project area, the fill shall be clean of 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 shall be analyzed and confirmed by an archeologist and Luiseno Native American monitor that such fill material does not contain cultural resources. PALE0-1-The following paleontological resource mitigation measures shall be implemented: a) Prior to issuance of a grading permit the project developer shall retain a qualified paleontologist to carry out the mitigation program outlined herein. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology that is familiar with paleontological procedures and techniques.) The applicant shall provide verification that a qualified paleontologist has been retained, and verification shall be documented by a letter from the applicant and the paleontologist to the lead agency. b) A qualified paleontologist shall be present at a pre-construction meeting to consult with the grading and excavation contractors. c) A paleontological monitor shall be onsite at all times during grading and excavation activities, including utility trenching, etc. (A paleontological monitor is defined as an indiividual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) d) When fossils are discovered, the paleontologist (or paleontological monitor) shal!l recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a 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. Due to the small nature of some fossils it may be necessary to collect matrix samples for processing through fine mesh screens. e) Any fossils collected shall be prepared to the point of identification and properly curated before they are donated to their final repository. f) Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. g) A final summary report shall be completed and submitted to the City Planner that outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. August2015 -31-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03{H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 Noise-1-The following Noise mitigation measures shall be implemented: a) The proposed senior residential apartment buildings shall be noise attenuated to an interior level of 45 dBA CNEL consistent with the Residential Interior Noise Standard of the City of Carlsbad Noise Guidelines Manual. Concurrent with the submittal of building plans, the applicant shall submit an acoustical study documenting what construction materials or measures must be utilized to meet required interior noise levels. A letter signed by the acoustical engineer and the project architect which contains the architects registration stamp and certifies that the recommendations ofthe acoustical study have been incorporated into the building plans shall be submitted and approved by the City Planner prior to building permit issuance. b) Where a closed window condition is required to achieve the residential interior noise standard, a means of mechanical ventilation shall be provided. August 2015 -32-Initial Study EARLIER ANALYSES Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03{H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 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 l!egal 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. 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 Master Environmental Impact Report for the City of Carlsbad General Plan Update {EIR 13-02), City of Carlsbad Planning Division, September 2015. 2. Carlsbad General Plan, City of Carlsbad Planning Division, dated September 2015, as updated. 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, final approval dated November 2004. 5. San Diego Regional Airport Authority/San Diego County Airport Land Use Commission. McClellan- Palomar Airport Land Use Compatibility Plan (ALUCP). Amended December 1, 2011. 6. Robertson Ranch Master Plan Final Environmental Impact Report {EIR 03-03}, BRG Consulting, Inc., San Diego, CA, April2006 (State Clearing House No. 2004051039). 7. Preliminary Biological Assessment Robertson Ranch PA 22, Planning Systems, Carlsbad,. CA, August 10, 2009. 8. Cultural Resources Survey and Evaluation for the Proposed Robertson Ranch Project, Brian F. Smith and Associates, San Diego, CA, June 2002. 9. Results of a Data Cultural Resources Mitigation and Monitoring Program for Robertson Ranch, Brian F. Smith and Associates, November 26, 2008. August 2015 -33-Initial Study Project Name: CANNON ROAD SENIOR HOUSING Project No: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 10. Negative Paleontological Monitoring and Mitigation Report, Robertson Ranch PA-22, City of Carlsbad, San Diego County, California, Brian F. Smith and Associates, July 22, 2010. 11. Geotechnical Update, Planning Area 22 of Robertson Ranch, East Village, City of Carlsbad, San Diego County, California (W.O. 6896-A-SC}, GeoSoils, Inc., May 12, 2015. 12. Greenhouse Gas Assessment, Robertson Ranch West, Planning Area 22 {PA 22}, Carlsbad, CA, Ldn Consulting, Inc., October 26, 2015. 13. Flood Insurance Rate Map {FIRM), No. 06073C0768G, May 16, 2012. 14. City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, Catastrophic Dam Failure Inundation Tsunami, and Seiche Hazard Zone Maps. City of Carlsbad Planning Division. November 1992. 15. Noise Study, ROBERTSON RANCH WEST, Planning Area 22 {PA 22}, Carlsbad, CA, LDN Consulting, Inc., August 28, 2015. 16. Traffic Impact Analysis, Robertson Ranch PA-22, Urban Systems Associates, Inc., August 12, 2015. August 2015 -34-Initial Study Mitigation Monitoring and Reporting Program PROJECT NAME: CANNON ROAD SENIOR HOUSING PROJECT NO: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 APPROVAL DATE/RESOLUTION NUMBER($): [Click Here] {cicyof 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 CUL-l The following archaeological resource mitigation measures shall be implemented: a. Prior to the issuance of a grading permit and commencement of any ground disturbing activities, the project developer shall retain the services of a qualified archaeologist to monitor ground-disturbing activities. The applicant shall provide written verification that a qualified archaeologist has been retained to implement the monitoring program. The verification shall be presented in a letter from the project archaeologist to the lead agency. b. The qualified archaeologist shall attend a preconstruction meeting to consult with grading and excavation contractors concerning excavation schedules and safety issues; and to further explain and coordinate the requirements ofthe monitoring program. c. The qualified archaeologist shall be on-site during all grading, trenching, and other ground-disturbing activities unless otherwise agreed upon by the archaeologist and city staff. d. In the event any potential cultural resource is uncovered during the course of the project construction, ground-disturbing activities in the vicinity of the find shall be redirected until the nature and extent of the find can be evaluated by Explanation of Headings Type= 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 ahd 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. ... a. ~ ~ ·c: .~ 1: 0 :ii: Prior to issuance of grading permit/on-going Legend ... 0.0 1: 1: ... ·c: E .e t:: ·-"' 1: a. 0 ... :ii:c PLN/ENG PLN Planning Division "' 1: ..!!! 1:1. 1: 0 1: ~ .1: "' n/a 1: •! "CI ... "' E <;:: ... 'i: c. ~.§ ENG Land Development Engineering Division BLDG Building Division ~ "' E ... c.: Page 1 of 6 PROJECT NAME: CANNON ROAD SENIOR HOUSING PROJECT NO: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 MITIGATION MEASURE the archeologist. If cultural resources are encountered, the archaeologist shall have the authority to temporarily halt or redirect grading/trenching while the cultural resources are documented and assessed. If archaeological resources are encountered during excavation or grading, the archaeological monitor shall direct the contractor to avoid all work in the immediate area for a reasonable period of time to allow the archaeologist to evaluate the significance of the find and determine an appropriate course of action. The appropriate course of action may include, but not be limited to avoidance, recordation, relocation, excavation, documentation, curation, data recovery, or other appropriate measures. The Project Contractor shall provide a reasonable period of time for pursuing the appropriate activities, including salvage of discovered resources. Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines shall be followed. Recovered artifactual materials and data shall be cataloged and analyzed. A report shall be completed describing the methods and results of the monitoring and data recovery program and submitted to the satisfaction of the lead agency prior to issuance of any building permits. Artifacts shall be curated with accompanying catalog to current professional repository standards or the collection will be repatriated to the appropriate Native American Tribe(s), as specified in the pre-excavation agreement (see Mitigation Measure CUL-2). e. If any human remains are discovered, all construction activity in the immediate area of the discovery shall cease immediately, and the Archaeological monitor shall notify the County Medical Examiner pursuant to California Health and Safety Section 7050.5. Should the Medical Examiner determine the human remains to be Native American; the Native American Heritage Commission shall be contacted pursuant to California Public Resources Code Section 5097.98. The Native American Monitor (see Mitigation Measure CUL-2), in consultation with the Native American Heritage Commission, shall inspect the site of the discovery of the Native American remains and may recommend to the City of Carlsbad, and the project contractor, actions for treating or disposing, with appropriate dignity, the Mitigation Monitoring and Reporting Program cu c. ~ .. c: ·;: 0 .'!:: c: 0 :i: .... .. c: c: cu ·;: E ,g 1; c: c. 0 cu :i: c "' c: 111 E: c: 0 c: ~ .t:. "' .§ .... ~ 'C cu ~ ~ ·.: c.. ;\\!.§ ~ 111 E cu a: Page 2 of 6 PROJECT NAME: CANNON ROAD SENIOR HOUSING PROJECT NO: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 MITIGATION MEASURE CUL-2 human remains and any associated grave goods. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. The project contractor shall provide a reasonable period of time for salvage of discovered human remains before resuming construction activities. The following cultural resource mitigation measures shall be implemented: a. Prior to the commencement of any ground disturbing activities, the project developer shall enter into a Pre-Excavation Agreement, otherwise known as a Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians .. This agreement will contain provisions to address the proper treatment of any cultural resources or Luiseno Native American human remains inadvertently uncovered during the course of the project. The agreement will outline the roles and powers of the Luiseno Native American monitors and the archaeologist. b. Any and all uncovered artifacts of Luiseno Native American cultural importance should be returned to the San Luis Rey Band of Mission Indians, and/or the Most Likely Descendant, if applicable, and not be curated. c. Native American monitors and archaeological monitors shall have joint authority to temporarily divert and/or halt construction activities. If 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. d. The Luiseno 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. Mitigation Monitoring and Reporting Program OJ c. ~ bO r:: ·c: .~ c 0 :E Prior to issuance of grading permit/on-going .. bO r:: r:: OJ ·c: E .fl :; c c. 0 OJ :Eo PLN/ENG "' r:: .. c:: r:: 0 r:: 3: 0 ..c 1/) n/a r:: .2 -:a "1: "C OJ OJ E q: OJ 'i: ii ~§ ~ .. E ~ Page 3 of 6 PROJECT NAME: CANNON ROAD SENIOR HOUSING PROJECT NO: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 MITIGATION MEASURE e. If a significant cultural resource(s) and/or unique archaeological resource(s) are unearthed 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 cultural resources. If however, the Applicant is able to demonstrate that avoidance of a significant and/or unique cultural resources 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. f. When cultural resources are discovered during the project, if the archaeologist collects such resources, a Luiseno Native American monitor must be present during any testing or cataloging of those resources. If the archaeologist does not collect the 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 tribe and respectful and dignified treatment in accordance with the San Luis Rey Band of Mission Indians cultural and spiritual traditions. g. 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 analysis 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 Mitigation Monitoring and Reporting Program C1J c. ~ ~ ·;:: .~ c 0 2 ...... .5 ~ o E .'!::: t: c "' 0 c. 2~ "' c ~ ... c 0 c ~ ..c II) .g ~ " C1J C1J E t;:: C1J 'i: c. ~§ -E "' E ~ Page 4 of 6 PROJECT NAME: CANNON ROAD SENIOR HOUSING PROJECT NO: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 MITIGATION MEASURE PALE0-1 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. h. In the event that fill is imported into the project area, the fill shall be clean of 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 shall be analyzed and confirmed by an archeologist and Luisefio Native American monitor that such fill material does not contain cultural resources. The following paleontological resource mitigation measures shall be implemented: a. Prior to issuance of a grading permit the project developer shall retain a qualified paleontologist to carry out the mitigation program outlined herein. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology that is familiar with paleontological procedures and techniques.) The applicant shall provide verification that a qualified paleontologist has been retained, and verification shall be documented by a letter from the applicant and the paleontologist to the lead agency. b. A qualified paleontologist shall be present at a pre-construction meeting to consult with the grading and excavation contractors. c. A paleontological monitor shall be onsite at all times during grading and excavation activities, including utility trenching, etc. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) d. When 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 a complete large mammal skeleton) may require an extended salvage period. In these Mitigation Monitoring and Reporting Program "' c. ?: 110 c ·~ ;!:: c 0 :i!: Prior to issuance of grading permit/on-going ..... 110 c c "' ·;: E .s t: ·-IU c c. 0 "' :i!:c PLN/ENG "' c IU 0: c 0 c ~ .c VI n/a c ·~ ~ "C "' J;! ~ 'i: c.. "' E >- -E IU E ~ Page 5 of 6 PROJECT NAME: CANNON ROAD SENIOR HOUSING PROJECT NO: MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 MITIGATION MEASURE NOISE-1 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. Due to the small nature of some fossils it may be necessary to collect matrix samples for processing through fine mesh screens. e. Any fossils collected shall be prepared to the point of identification and properly curated before they are donated to their final repository. f. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum. g. A final summary report shall be completed and submitted to the City Planner that outlines the results ofthe mitigation program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. The following Noise mitigation measures shall be implemented: a. The proposed senior residential apartment buildings shall be noise attenuated to an interior level of 45 dBA CNEL consistent with the Residential Interior Noise Standard of the City of Carlsbad Noise Guidelines Manual. Concurrent with the submittal of building plans, the applicant shall submit an acoustical study documenting what construction materials or measures must be utilized to meet required interior noise levels. A letter signed by the acoustical engineer and the project architect which contains the architects registration stamp and certifies that the recommendations of the acoustical study have been incorporated into the building plans shall be submitted and approved by the City Planner prior to building permit issuance. b. Where a closed window condition is required to achieve the residential interior noise standard, a means of mechanical ventilation shall be provided. Mitigation Monitoring and Reporting Program 01 ~ "" -~ .s "2 0 :E Prior to issuance of a building permit ... ""c c 01 ·;: E _g iii c c. 0 01 :Eo PLN "' c 111 E: c 0 c ~ .<: Ill n/a c i , 01 ~ ~ 'i: "'E. 01 E >- -E 111 E ~ Page 6 of 6 March 28, 2016 Diane Nygaard Preserve Calavera 5020 Nighthawk Way Oceanside, CA 92056 {"City of ~carlsbad SUBJECT: RESPONSE TO PRESERVE CALAVERA REGARDING PUBLIC COMMENTS ON THE NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE DECLARATION FOR THE ICANNON ROAD SENIOR HOUSING PROJECT-MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 1!5-05/MS 15-12 Dear Ms. Nygaard, Thank you for your email dated February 17, 2016 with comments regarding the Notice of Intent to adopt a Mitigated Negative Declaration (MND) for the proposed Cannon Road Senior Housing project (MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12). We have listed each of your comments below in italics followed by a staff response to each. PRESERVE CALAVERA COMMENT #1: Wetlands delineation-There are several places where it mentions there are no federal wetlands. Was the site also evaluated for state wetlands criteria which of course are different than federal? If not, please do state wetlands analysis or explain why this was not done. STAFF RESPONSE: The project site was analyzed for the presence of wetlands as defined by the state of California. The California Department of Fish and Wildlife (CDFW) defines wetlands as including "lakes, streams, creeks and rivers" which are characterized as "bodies of water that flow at least periodically or intermittently through a bed or channel having banks and supports fish or other aquatic life". This definition has been interpreted to also include watercourses having either surface or subsurface flow that supports or has supported riparian vegetation. The subject site is not characterized by any surface or subsurface body of water. It does not include any wetlands or riparian vegetation. This determination is verified by the Jurisdictional Delineation provided in conjunction with the Robertson Ranch Master Plan EIR, BRG Consultants (April 2006), and also the Preliminary Biological Assessment for Planning Area 22, Planning Systems, (August 2009). No area of the Cannon Road Senior Housing project site qualifies as jurisdictional wetlands or riparian habitat pursuant to federal or state law. Lastly, the project site is located adjacent to the Calavera Creek, which is not a part of the project area. Still, a 100-foot buffer from Calavera Creek is being provided, except in an area nearest to the main project entrance at Wind Trail Way and Cannon Road, where a lbuffer of lesser width was previously approved by the Wildlife Agencies as part of the grading for the existing PA 22 development pad. · Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4600 1760-602-8560 f I www.carlsbadca.gov MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12-CANNON ROAD ?ENIOR HOUSING March 21, 2016 Pa e 2 PRESERVE CALAVERA COMMENT #2: Potential impacts on local wildlife movement corridor -The east/west local wildlife movement corridor has been impacted by the expansion of Cannon and College, culverting part of Calavera Creek and changes associated with Sage Creek High School. The CBUSD funded a wildlife movement study in this area that was presented to city staff several years ago. In addition the city recently completed the first phase of studying wildlife corridor pinch points. The project impacts on local wildlife movement need to be re-evaluated considering the findings of these two studies and the condition of the two sets of culverts that provide for movement from the project site under Cannon Rd just east of El Camino Real and under El Camino Real just south of Cannon Rd. STAFF RESPONSE: The City of Carlsbad's HMP provides guidance for the locations and allignments of the most viable wildlife corridors throughout the City. In the case of the proposed project, which is located within the East Village of Robertson Ranch, the approved wildlife corridor is identified as "Linkage B", connecting HMP Core Area #3 (Calavera Hills uplands areas in the east) and Core Area #4 (Agua Hedionda Lagoon wetlands areas in the west). The alignment of Linkage B bisects the East and the West Villages of Robertson Ranch with a 3,000-foot long and 560-foot wide coastal sage scrub (CSS) and wetlands habitat corridor (Robertson Ranch EIR p. 5.5.19). This approved Robertson Ranch habitat corridor at Linkage B reflects a consensus reached in 2005 between all of the appropriate stakeholders, including the property owners, the wildlife agencies and the City of Carlsbad (Robertson Ranch EIR p. 5.5.19). Conversely, the offsite Calavera Creek located within the Rancho Carlsbad community is characterized in the Biological Assessment as a drainage channel within an urban environment. This drainage channel is surrounded by existing residential land uses, most of which provide no substantive wildlife corridor at all along the south side of the channel, inasmuch as existing residences and their rear yards and porches are situated within five feet of the top of channel slope, and the existing Rancho Carlsbad 6-foot tall masonry block security wall along the entire length of the north side, which separates the subject project from the Calavera Creek channel. Domestic, exotic landscaping covers both sides of the channel. Thus, the existing circumstances render the subject creek area as a less-than-ideal circumstance for habitat linkage or wildlife movement, and was determined by the wildlife agencies and the City of Carlsbad as not as viable a corridor as Linkage B. As a result of these factors, the Biological Assessment concluded that "This Creek .... represents a marginally viable east to west movement corridor .... " Nonetheless, as indicated above, the existing graded PA 22 development pad provides the necessary 100-foot buffer, except for the small area of reduced buffer near the main entry which was previously approved by the Wildlife Agencies. Thus it is concluded that Linkage B constitutes the most desirable and acceptable wildlife corridor for east-west movement, and that Calavera Creek represents only a secondary corridor for smaller, aquatic biota. Since the project does not further reduce the width or propose uses within the north side of the Calavera Creek buffer, it is concluded that the subject project will not significantly affect this secondary corridor. PRESERVE CALAVERA COMMENT #3: Edge effects of development on creek-The MND notes the creek area is planted with non-native plants, that the 100 foot buffer wi/1 apply and mentions some of the standard edge effect conditions. But those mentioned do not include all of the edge effects of concern- especially for residential development. Please review complete fist of MHCP edge effect conditions and include all that are relevant. Lighting, fencing, trash control, and restrictions on outdoor pets, especially cats, are of particular concern. MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12-CANNON ROAD SENIOR HOUSING March 21, 2016 Pa e 3 STAFF RESPONSE: Along the southern edge of the existing PA 22 graded development pad, the project is proposing permanent decorative wrought iron fencing and a dense landscape screen as well as 6-foot tall masonry block walls in the southeastern corner adjacent to the parking lot, all of which is designed as a means of restricting pedestrian trespass and other urban intrusions into the PA 23G open space area and the Calavera Creek located offsite and within the Rancho Carlsbad community beyond. Three trash enclosure facilities are also included, all of which have been located as far away as a practical from the PA 23G open space. The landscape plans include notes restricting the use of invasive/exotic plants per the Cai-IPC and Cai-EPPC and the final landscape plans have been further conditioned. Project design notes require all exterior lighting be directed away from the PA 23G open space, Calavera Creek, and Rancho Carlsbad community beyond. A condition is included requiring the submittal of an exterior lighting plan where lighting shall be designed to reflect downward and avoid any impacts on the adjacent PA 23G operi space, Calavera Creek, and the Rancho Carlsbad community beyond. Lastly, as a means of animal control, the project has been conditioned to establish an education program for future senior apartment residents pertaining to responsible pet ownership. The program shall encourage the keeping of pets indoors, especially at night; having pets neutered or spayed to reduce unwanted reproduction and long range wanderings; the belling of cats to reduce their effectiveness as predators; discouraging release of unwanted pets into the wild; and keeping dogs on leashes when walking them on trails, especially near preserve areas. In conjunction with these edge effect protections, the Cannon Road Senior Housing project will have no significant impact on the buffer. PRESERVE CALAVERA COMMENT #4: GMP compliance -We did not see this discussed in the MND. Since this increases residential units please assure that all of the GMP requirements have been met, especially park acres/1,000 residents. STAFF RESPONSE: Compliance of a proposed project with the Carlsbad Growth Management Plan (GMP} is typically addressed as a brief public facilities adequacy analysis discussed in the Staff Report to the Planning Commission. As required by Carlsbad Municipal Code 21.90.110, the Staff Report analysis assesses public facility adequacy for three (3) community-wide facilities and eight (8) localized facilities. For purposes of GMP compliance analysis, the project is assumed to generate a population of 231 persons (98 dwelling units X 2.358 persons/unit). The following table is a more descriptive conclusion of our analysis: GROWTH MANAGEMENT COMPLIANCE Facility Performance Standard Compliance Category City 1,500 square feet per 1,000 According to the FY 2013-14 Growth Management Plan Administrative population must be scheduled Monitoring Report, the City presently has 214,469 sq. Facilities for construction within a five-ft. of administrative facility space, S2,376 sq. ft. more year period or prior to than required to meet current demand, including the construction of 6,250 dwelling incremental demand (347 sq. ft.) that would be units, beginning at the time the generated by the proposed project.. At buildout under need is first identified. the recently-adopted General Plan (which contemplates the project site for residential use), the projected citywide population of 129,901 will generate future demand for 194,852 sq. ft. of administrative space, 19,617 sq. ft. less than current space provided. Therefore, the additional population generated by the 98 senior housing units will not significantly impact the status of this standard. MP 02-03{H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12-CANNON ROAD SENIOR HOUSING March 21, 2016 Pa e 4 Library Wastewater Treatment Capacity Parks 800 square feet (of library space) per 1,000 population must be scheduled for construction within a five year period or prior to construction of 6,250 dwelling units, beginning at the time the need . is first identified. Sewer plant capacity is adequate for at least a five-year period. 3.0 acres of Community Park or Special Use Area per 1,000 population within the Park The City presently has over 99,745 sq. ft. of library space, 13,295 sq. ft. more than required to meet current demand, including the incremental demand {185 sq. ft.) that would be generated by the proposed project. At build out under thE~ General Plan, the projected citywide population will generate need for 103,921 sq. ft. of total library space. Though the projected population at build out would require an additional4,176 sq. ft. of future library facility space, the gradual nature of this facilities need, application of General Plan policies to require compliance with the GMP, and the continued assessment of existing library facilities and services will ensure that significant environmental impacts from the provision of additional library space would not occur. Complete replacement of the Cole !library is included in the Capital Improvement Program budget between years 2026 and build out. Thus the project will not significantly impact the status of this standard. Sufficient capacity will exist at the EWPCF to accommodate the additional98 EDU. As described in the General Plan Final EIR, the Encina Wastewater Authority (EWA) 2040 Master Plan estimates that at buildout of the service area (based on current general plans), 39.4 mgd of the buildout flows are projected to be treated at the EWPCF, which is less than the current capacity of the facility {40.51 mgd). There is sufficient existing capacity to handle current and future wastewater flow. On-going monitoring of wastewater flow volumes by EWA and CMWD indicates a downward or flat trend in wastewater flow volumes for all member agencies, including Carlsbad. Average wastewater flow for 2014 was 6.3 mgd, which is the same volume as in 2000 (T. Smith, CMWD, 2015.), and well within the City's capacity rights of 10.26 MGD .. The CMWD and EWA will revisit sewage flow generation criteria and. compare the criteria against actual flow monitoring data in their next Master Plan updates. In addition, the EWA 2040 Master Plan identifies property south of the existing EWPCF where the facility could be expanded to accommodate additional capacity (General Plan FEIR, 2015, p. 3-57). The Northeast Quadrant {Park District 2) has 45.3 acres of community and special use parks, which exceeds current estimated demand of 43.6 acres (FY 2013-14 MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12-CANNON ROAD SENIOR HOUSING March 21, 2016 Pa e 5 District must be scheduled for GMP Monitoring Report). At build-out, this quadrant is construction within a five year projected to have a total of 79.4 park acres, exceeding period, or prior to construction future demand by 12.1 acres (2015 General Plan, Table of 1,562 dwelling units within 4-7). The 98 units proposed will generate a demand for the Park District beginning at 0.69 acres of park land. Thus the project will not the time the need is first significantly impact the adequacy status of the park identified. standard. Drainage Drainage facilities must be The project has prepared a Storm Water Management provided as required by the City Plan in compliance with City policies. The project is also concurrent with development. required to adhere to all applicable Regional Water Quality Control Board regulations for control of sedimentation and erosion, and to comply with the National Pollution Discharge Elimination System requirements for Best Management Practices for water quality. The project will include all water quality infrastructure as required by the City. Post- development runoff will be collectE!d in onsite bioretention basins and conveyed via a private storm drain system to the existing water quality [de pollution] basin downstream in PA 20. The project will not increase runoff from the site. The ]project will not direct any onsite runoff flows toward the Rancho Carlsbad area and thus will not contribute to the 100-year flood event impacts to this residential community. In addition, the project will pay Planned Local Drainage Area (PLDA) fees that contributes to guarantee of financing for the necessary upstream future drainage facilities needed to mitigate the existing Rancho Carlsbad flooding condition. Subject to the installation of the required onsite drainage improvements and the payment of PLDA fees, the project is in compliance with the drainage standard. Circulation Implement a comprehensive Cannon Road is an Arterial Street subject to the multi- livable streets network that modal level of service (MMLOS) standards for vehicles serves all users of the system -and public transit. As analyzed in the project MND, the vehicles, pedestrians, bicycles proposed 98-unit senior housing project/RV storage and public transit. Maintain LOS facility is expected to generate 392: ADT, which is 928 D or better for all modes that fewer ADTs than the previously-approved office/RV are subject to this multi-modal storage project and thus will not significantly impact the level of service (MMLOS) adequacy status of the traffic standard. As it relates to standard, as identified in Table public transit, Transportation Division staff analyzed the 3-1 of the General Plan Mobility proposed project's transit level of service (LOS) for Element, excluding LOS exempt Cannon Road. Cannon Road is sented by the North intersections and streets County Transit District (NCTD) Bus Route 323 and the approved by the City Council. proposed senior housing project site is also located within an ideal walking distance (less than aX-mile) of MP 02-03(H}/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12-CANNON ROAD SENIOR HOUSING March 21, 2016 Pa e 6 NCTD Bus Route 309 located on El Camino Real at its intersection with Cannon Road. For transit priority streets, the MMLOS criteria evaluates the transit vehicle right-of-way, hours and frequency of service; performance; amenities and safety; and connectivity. Cannon Road was determined to have a transit LOS "C" at this location. Thus the proposed project maintains an adequate LOS for vehicles and public transit subject to the MMLOS standards. Fire The number of dwelling units The subject site is located across the street from Fire outside a five-minute travel time Station #3 and thus is within five-minute travel time from the nearest fire station from this station. shall not exceed 1,500 units. Open Space Fifteen percent of the total land The approved Zone 14 LFMP concludes that the Zone area in the Local Facility will maintain an excess of open space well beyond the Mana'gement Plan (LFMP} Zone, required 15% per the performance standard. The exclusive of environmentally subject project does not propose any reduction in this constrained non-developable performance standard open space. No impact to this land, must be set aside for standard will result from implementation of the project. permanent open space and must be available concurrent with development. Schools School capacity to meet the The project site is located within the Carlsbad Unified projected enrollment within the School District {CUSD} boundaries. The FY 2013-14 GMP LFMP zone as determined by the Monitoring Report indicates that CUSD reports having appropriate school district must sufficient capacity through 2016. Analysis in the 2015 be provided prior to projected General Plan EIR shows that at buildout, CUSD will have occupancy. sufficient capacity (by approximately 3,147 students} at all grade levels to accommodate projected changes in enrollment (Table 3.11-9}. Furthermore, the subject project is restricted to residents 55 years of age and older. Thus the proposed project is not anticipated to generate a significant number of school students. No significant impact to schools will result. Sewer Trunk-line capacity to meet The subject project sewers directly into the South Agua Collection demand, as determined by the Hedionda (SAH} Interceptor sewer, and conveys the System appropriate sewer districts, sewer southwest in Cannon Road, along the south side must be provided concurrent of the Agua Hedionda Lagoon, pumped at the Cannon with development. Road Lift Station and discharges to the Vista-Carlsbad (VC) Interceptor Sewer that travels to the Encina Water Pollution Control Facility. City calculations indicate that there is projected to be ample capacity in the downstream gravity interceptor system of the SAH. A capacity analysis included in the 2012 Sewer Master Plan indicates relatively flat pipeline portions of Reaches VC14 and VC15, which indicates that during MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12-CANNON ROAD SENIOR HOUSING March 21, 2016 Pa e 7 Water Distribution System Line capacity to meet demand, as determined by the appropriate water district, must be provided concurrent with development. A minimum 10- day average storage capacity must be provided prior to development. peak period flows, the pipeline is flowing full in these reaches. However, water conservation efforts and sewer infrastructure improvements. diminishing groundwater and surface water infiltration and inflow (1&1) have resulted in lower flows in the sewer than earlier projected. There is capacity in the existing sewer system for the inclusion of the 98 senior residential units of the subject project. Additionally, the VC sewer replacement project, now under construction, is scheduled for completion by Sept 2017 and once completed will provide capacity for the projected buildout flow of sewage from the n~gions it serves. The project is projected to generate a potable water demand of 26,755 gallons per day {GPD). Water demand for the project that was assumed for PA 22 at the time of the 2012 Water Master Plan was 15,178 GPD {66,000 sq. ft. professional office). Thus, the proposed project results in an increase of 11,577 GPD. CMWD estimates this to be about 1 cubic foot per minute additional demand. This is considered a minimal demand increase and will not impact the backbone water system improvements that supply water to the area. CMWD has indicated they have sufficient line capacity and storage capacity to comply with the performance standard through buildout of the City, and the minimal additional project water demand from the PA 22 land use change will not impact the adequacy of this standard. Further, the project developer will pay a major facilities impact fee based on water meter size to CMWD along with any capacity charge levied by the San Diego County Water Authority for domestic water meters. Lastly, the 2012 CMWD Water Master Plan identified no additional storage tanks are requin~d to comply with the future 10 average-day storage ~requirement referenced in the Performance Standard. This is primarily because of an expected continuation of the reduction in demand anticipated primarily from expansion of CMWD's recycled water system for landscape irrigation. The estimated current potable storage capacity is 244 MG with av,erage daily demand estimated to be a maximum of 18.2 MG. This provides for a projected storage capacity of 13.4 days; satisfying the minimum 10 average day storage requirement. The additional demand of 11,577 GPD will not substantively affect this storage capacity. MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12-CANNON ROAD SENIOR HOUSING March 21, 2016 Pa e 8 We thank you for providing comments on the Cannon Road Senior Housing project and hope that we have adequately addressed your comments and concerns. If you have any further questions, please do not hesitate to contact me at (760) 602-4643, or email at jason.goff@carlsbadca.gov. Sincerely, JASON GOFF Associate Planner C: Paul Klukas, Planning Systems, Suite 100, 1530 Faraday Avenue, Carlsbad, CA 92008 Adrian Peters, Brookfield Residential, Suite 1000, 3200 Park Center Drive, Costa Mesa, CA 92626 Don Neu, City Planner Van Lynch, Principal Planner File copy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 7161 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN, MINOR SITE DEVELOPMENT PLAN, CONDITIONAL USE PERMIT AND TENTATIVE PARCEL MAP TO ALLOW FOR THE SUBDIVISION OF A 7.52 ACRE PARCEL INTO THREE LOTS, RELOCATION OF AN EXISTING RV STORAGE LOT AND DEVELOPMENT OF A 98-UNIT SENIOR APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF CANNON ROAD AND WIND TRAIL WAY, WITHIN THE ROBERTSON RANCH MASTER PLAN, PLANNING AREAS 22 AND 23G, IN LOCAL FACILITIES MANAGEMENT ZONE 14. CASE NAME: CANNON ROAD SENIOR HOUSING CASE NO.: SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 WHEREAS, Calavera Hills II, LLC, "Owner/Developer," has filed a verified application with the City of Carlsbad regarding property described as Parcei"A" of Certificate of Compliance Document No. 2010-022!)511 of Official Records, Recorded May 5, 2010 in the Office of the County Recorder, County of San Diego ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan, Minor Site Development Plan, Conditional Use Permit and Tentative Parcel Map as shown on Exhibits "A-00" da~ed April 20, 2016, on file in the Planning Division, SOP 15-13/SDP 15~-19/CUP 15-05/MS 15- 12-CANNON ROAD SENIOR HOUSING, as provided by Chapters 20.24, 21.06, 21.24, 21.42, and 21.84 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on April 20, 2016, hold a duly noticed public hearing 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 persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan, Minor Site Development Plan, Conditional Use Permit and Tentative Parcel Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 1 2 B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of SOP 15-13/SDP 15-19/CUP 15-05/MS 15-12-CANNON ROAD SENIOR HOUSING, based on the following findings and subject to the following 3 conditions: 4 Findings: 5 Site Development Plan (SOP 15-13) I Minor Site Development Plan (SOP 15-19) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. That the proposed development or use is consistent with the General Plan and the Robertson Ranch Master Plan, complies with all ·applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code; in that the reconfigured RV storage facility fulfills the Robertson Ranch Master Plan requirement to provide a minimum 11,840 square feet of RV storage to the East and West Villages; the senior apartment project architecture, including the design of the RV storage screen walls and g;~tes, complies with the Robertson Ranch Master Plan Design Guidelines and will complement the architectural environment of the Robertson Ranch Master Plan. Additionally, the pro~,osed senior apartment project will increase the diversity of housing in Carlsbad by adding 98 fo1r-rent senior restricted apartment units to the city's housing inventory where the majority c>f housing is detached single-family dwellings occupied by above-moderate income households; will increase housing diversity by providing housing offered at a price affordable to low income tenants (20 apartment units will be provided onsite for low-income senior households); and at a minimum density of 20 dwelling units per acre, satisfies the Regional Housing NeE!ds Assessment (RHNA) objective of accommodating housing in the low income category. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation; in that the proposed 98-unit senior apartment project and RV storage area is well designed and oriented with the adjacent age-restricted Rancho Carlsbad community to the south; the density of the senior housing project is comparable to the multi-family residential and courtyard homes to the north; and the senior apartment project architecture, including the design of the RV storage screen walls and gates, complies with the Robertson Ranch Master Plan Design Guidelines and will complement the architectural environment of the 'Robertson Ranch Master Plan. Moreover, the proposed senior apartment buildings have been situated as far away as possible from the adjacent Rancho Carlsbad community located to the south, providing approximately 145 to 190 feet of building separation, which is further buffered by dense mature vegetation. In areas where existing vegetation is sparse, the clustering of additional landscaping has been provided along the southern edge of the PA 22 project site to increase landscape screening and buffering. A 100-foot buffer from Cal avera Creek is maintained except in an area near the project entrance where a buffer of lesser width was previously approved by the Wildlife Agencies. Decorative tubular steel fencing and a masonry walls are proposed along the southern boundary of the PA 22 development site to discourage pedestrian trespass into the PA 23G open space areas. The landscape concept plans require that all exterior lighting be shielded downward and away from the adjacent PA 23G open space area, Calavera Creek and the Rancho Carlsbad community beyond, as well as prohibiting exotic and invasive plant species. Potential for vehicle headlight glare on Rancho Carlsbad is reduced by the planting of a dense landscape screen along the outer edge of the drive-aisle near the project entrance and also a 6-foot tall decorative masonry screen wall is proposed along the southern edge of the parking lot southeast of the proposed buildings. PC RESO NO. 7161 -2- 1 2 3 4 5 6 7 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. That the site for the intended development or uses is adequate in size and shape to accommodate the use; in that the RV storage facility located on a 0.55-acres Parcel "A" provides for 11,902 square feet of RV storage (excluding drive-aisles) where 11,840 square feet is required for the Robertson Ranch East and West Villages. As a visual barrier, the 0.55-acre parcel also accommodates a new 8-foot tall decorative masonry screen wall with equally tall view obscuring access gates. A landscape planter is provided along the ext1erior edge of this wall, where additional dirt will be bermed against the lower 2 feet with landscaping planted along the interface to soften and reduce massing. The proposed screen wall proposes to tie into and is architecturally consistent with the design of the existing masonry sound wall running parallel with Cannon Road. Additionally, the senior housing project located on <:1 4.88-acre Parcei"B" is adequate in size and shape to accommodate the proposed housing for se!nior citizens use in that three apartment buildings with 98 units and 48 single-car garages, 22 surface parking spaces, 100 carport covered parking spaces, drive-aisles; common recreation areas and trash enclosures can be appropriately fit within the proposed development area without the need for any variances or development standard modifications. Furthermore, the p•·oject complies with all applicable development standards of the Parking Ordinance (C.M.C. Chapter 21.44}, RO-M Zone {C.M.C. Chapter 21.24), and Housing for Senior Citizens regulations (C.M.C. Chapter 21.28) in that; adequate parking is provided; adequate building separation, l;mdscape setbacks and buffers have been provided; total building coverage (including carports) is 32% where a maximum 60% is allowed; and the proposed buildings have been designed or are conditioned to accommodate the special needs and requirements of housing for sEmior citizens, including but not limited to community rooms and common recreation areas. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained; in that all minimum setbacks have been provided and appropriately landscaped in accordance with the various requirements of the Carlsbad Municipal Code. Combinations of landscaping, berming, and/or deco1rative masonry screen walls have been incorporated into the project design to help screen parking areas and the RV storage area from the adjacent properties; as well as headlight glare from vehicles entering and circulating through the site. The proposed senior apartment buildings have been situated as far away as possible from the adjacent Rancho Carlsbad community located to the south providing approximately 145 to 190 feet of building separation, which is further buffered by dense mature vegetation. In areas where existing vegetation is sparser than others, the clustering of additional landscaping has been provided along the southern edge of the project site to increase landscape screening and buffering. A 100-foot buffer from Calavera Creek is maintained except in an area near the project entrance where a buffer of lesser width was previously approved by the Wildlife Agencies. All exterior lighting is shielded downward and away from the adjacent open space in Planning Area 23G, as well as Calavera Creek and the Rancllo Carlsbad community beyond. Adequate vehicle circulation has been provided to accommodate RV's, passenger vehicles, and truck-turning movements. 5. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the proposed 98-unit senior housing use and RV storage facility is expected to generate approximately 392 Average Daily Trips (ADT) with 20 AM peak hour trips (8 inbound/12 outbound) and 27 PM peak hour trips (16 inbound/11 outbound). The previously approved office use and RV storage was expected to generate approximately 1,320 ADT with 185 AM peak hour trips (167 inbound/18 outbound) and 172 PM peak hour trips (34 inbound/138 outbound), which was determined to have less than significant impacts relating to transportation and traffic. In contrast, the proposed project would be generating approximately 928 fewer ADT (70% reduction) than the previously approved office PC RESO NO. 7161 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 project with a reduction in AM peak hour trips by 165 trips (90% reduction) and a reduction in PM peak hour trips by 145 trips {84% reduction}. Additionally, the pr,oject does not require additional improvements to the existing street system in that the project frontage along Cannon Road is fully constructed and improved as part the Robertson Ranch Ea:st Village including the signalized intersection at Wind Trail Way and Cannon Road. Cannon Road improvements include full width right-of-way, curb, gutter, decomposed granite pedestlrian trail, bus stop with bench, landscaped parkway and a 6-foot tall decorative masonry sound wall. Where the project will add vehicle traffic to El Camino Real which in areas has been identified as an exempt street facility in the General Plan, the project is conditioned to provide a T•·ansportation Demand Management (TOM) strategy and contribute fees towards a city wide Transportation System Management (TSM) program. Conditional Use Permit (CUP 15-05) 6. 7. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the General Plan, including, if applicable, the certified Local Coastal Program, specific plan or master plan, in that the senior apartment project architecture complies with the Robertson Ranch Master Plan Design Guidelines and will complement the architectural environment of the Robertson Ranch Master Plan. Additionally, the proposed senior apartment project will increase the diversity of housing in Carlsbad by adding 98 for-rent senior restricted apartment units to the city's housing inventory where the majority of housing is detached single-family dwellings occupied by above-moderate income households; will increase housing diversity by providing housing offered at a price affordable to low income tenants (20 apartment units will be provided onsite for low-income senior households); and at a minimum density of 20 du/ac, the proposed senior apartment project satisfies the Regional Housing Needs Assessment (RHNA) objective of ac:commodating housing in the low income category. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed 98~unit senior apartment project is well designed and situated with the adjacent age-restri,cted Rancho Carlsbad community to the south; the density is comparable to the multi-family residential and courtyard homes to the north; and the building design is consistent with Robertson Ranch Master Plan Design Guidelines. Moreover, the proposed senior apartment building~; have been positioned as far away as possible from the adjacent Rancho Carlsbad community p1roviding approximately 145 to 190 feet of building separation, which is further buffered by dense mature vegetation. In areas where existing vegetation is sparse, the clustering of additional landscaping has been provided along the southern edge of the project site to increase landscape screening and buffering. All exterior lighting will be shielded downward and away from the adjacent open space in Planning Area 23G, as well as Calavera Creek and the Rancho Carlsbad community beyond. Potential for vehicle headlight glare on Rancho Carlsbad is rediUced by the planting of a dense landscape screen along the outer edge of the drive-aisle near the project entrance and also a 6-foot tall decorative masonry screen wall is proposed along thc~ southern edge of the parking lot southeast of the proposed buildings. 8. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, Planning Commission or City Council, in order to integrate the use with other uses in the neighborhood, in that the senior housing project located on a 4.88-acre Parcei"B" is adequate in size and shape to accommodate the proposed housing for senior citizens use in that thr1ee apartment buildings PC RESO NO. 7161 -4~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 with 98 units and 48 single-car garages, 22 surface parking spaces, 100 1carport parking spaces, drive-aisles, recreation areas and trash enclosures can be appropriately fit within the proposed developmentarea without the need for.any variances or development s:tandard modifications. Furthermore, the project complies with all applicable development st;andards of the Parking Ordinance (Chapter 21.44), RO-M Zone (Chapter 21.24), and Housing for Senior Citizens regulations (Chapter 21.28) in that: adequate parking is provided; total building coverage, including carports, is 2S% less than the maximum allowed; and adequa1te building separation, landscape setbacks and buffers have been provided; and the propose~d buildings have been designed or are conditioned to accommodate the special needs and re!quirements of housing for senior citizens, including but not limited to community rooms and common recreation areas. Tentative Parcel Map (MS 15-12) 9. 10. 11. 12. 13. 14. 15. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act, and will not cause serious public health problems, in that the project imJ!)Iements the goals and policies of the General Plan as discussed in the General Findings sectijJn below; is consistent with all minimum requirements ofTitles 20 and 21 governing lot size and configuration; and has been designed to comply with all applicable City regulations. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential and open space development on the General Plan and the proposed senior housing project and RV storage area are considered compatible uses. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that all required minimum development standards and design criteria required by the applicable zoning ordinances and master plan are incorporated into the project without the need for variances or development standard modifications. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures include patios and balconies to maximize exposure to natural light and ventilation. That the Planning Commission ha·s considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. 16. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and willdlife or their habitat, in that the project site is extensively disturbed and is identified in the HIVIP as a "Development Area" with no adjacent HMP "Hard line" boundaries. According to the R1obertson Ranch Master PC RESO NO. 7161 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 17. Plan EIR and Preliminary Biological Assessment, the project site does n(lt support any riparian, aquatic or wetland habitat, or any other sensitive natural communities. Calavera Creek is located off-site and adjacent to the project's southerly boundary within the Rancho Carlsbad community. The project site and creek channel are separated by an existing 6-foot tall masonry wall located on the north side of the creek and belonging to the Ranch1o Carlsbad community. A 100-foot buffer from Cal avera Creek is provided, except in an area nearest to the main project entrance at Wind Trail Way and Cannon Road where a buffer of lesser width was previously approved by the Wildlife Agencies as part of the grading for the existing PA 22 development pad. Tubular steel fencing and a masonry wall are proposed along the southern boundary of the PA 22 development site to discourage pedestrian trespass into the adjacent PA 23G open space. The landscape plans require that all exterior lighting be shielded downward and away from the PA 23G open space parcel, Calavera Creek and the Ranch4J Carlsbad community beyond, as well as prohibiting exotic and invasive plant species. Best Management Practices (BMPs), as required by the Stormwater Management Plan, contains adequate measures that will preclude significant sediment runoff from the site. The project will implement standard erosion control measures to avoid pollution and sedimentation of iinp1ortant water resources and the loss of vegetative resources from sloped areas. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the projec1t has been designed in accordance with the Best Management Practices for water quality pnJtection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. 14 General 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated April 20, 2016 including, but not limited to the following: The General Plan Land Use designation for PA 22 is R-23 Residential, while PA 23G is designated Open Space (OS). For PA 22, the R-23 designation allows for residential development at a density range. of 15-23 dwelling units per acre with a Growth Management Control Point (GMCP) of 19 dwelling units per acre (du/ac). However, according to Appendix-B of the City's Housing Element, PA 22 is identified as a site for lower to moderate income housing and is assigned a higher minimum density requirement of 20 du/ac. With a net developable acreage of 4.88 acres, a minimum of 98 dwelling units is required on PA 22. This is consistent with the number of units allocated to the site with the General Plan Update. lhe project's proposed density of 20 du/ac is within the R-23 density range of 15-23 du/ac, and is also consistent with the higher minimum density that is specified by the City's Housing Element. As it relates to PA 23G, the project does not propose any changes that would impact the open space designation, other than placing it into a separate 1.15 acre open space parcel (i.e., Parcel C). a. Land Use & Community Design Goal 2-G.S -Protect the neighborhood atmosphere and ] identity of existing residential areas-The reconfigured RV storage facility and proposed 98- unit senior apartment project is well designed and integrated with the adjacent residential areas. The proposed senior housing use is compatible with the adjacent age-restricted Rancho Carlsbad community to the south; the density is comparable to the multi-family residential and courtyard homes to the north; and the building design is consistent with Robertson Ranch Master Plan Design Guidelines. The proposed senior apartment buildings have been situated as far away as possible from the adjacent Rancho Carlsbad community PC RESO NO. 7161 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 providing approximately 145 to 190 feet 10f building separation, which is further buffered by den~e mature vegetation. Additional landscaping is provided along the southern edge of the project site to provide additionallan1ds~ape screening. All exterior lighting is shielded downward and away from the. open space in PA 23G, the Calavera Creek and Rancho Carlsbad community. The RV storage area is further screened by an 8-foot tall masonry wall enclosure with equally tall gates that tie into and are architectura1lly consistent with the design of an existing masonry sound wall running along Cannon Ro,ad. Along the exterior of this wall, dirt is bermed against the lower 2 feet with landscape planted at the interface to soften and reduce massing. Vehicle headlight glare on Rancho Carlsbad is reduced by a dense landscape screen proposed along tlhe outer edge of the drivt:!-aisle near the project entrance and also a 6-foot tall decorative masonry screen wall propo1sed along the southern edge of the parking lot east of the proposE~d buildings. b. Land Use & Community Design Policy 2-P .6-Encourage the provision of lower and moderate- income housing to meet the objective of the Housing Element-The proposed 98-unit senior apartment project, at a minimum density 1:>f 20 du/ac, satisfies the ~:egional Housing Needs Assessment (RHNA) objective of accommo1dating housing in the low income category. c. Land Use & Community Design Policy 2-P.46-Require new residential development provide pedestrian and bicycle linkages, when feasible, which connect with nearby shopping centers, community centers, parks, schools, points <>f interest, major transportation corridors and the Carlsbad Trail System -The project site is part of the Robertson Ranch master planned community, which includes a network of sidewalks and trails connE!ctions providing direct access to nearby future parks and shopping centers. Additionally, c:annon Road is a major east-west transportation corridor and includes a bus stop with bench at the project entrance east of Wind Trail Way. The site 1plan includes pedestrian sidewalk connections to these existing linkages, thus facilitating and encouraging walkability and the use of nearby public transportation. d~ Mobility Policy 3-P.S -Require developers to construct or pay their fair share toward improvements for all travel modes consistent with the Mobility Element, Growth Management Plan, and specific impacts associated with their development-The project does not require additional improvements to the existing street syste!m in that the project frontage along Cannon Road is fully constructed and improved as part the Robertson Ranch East Village including the signalized intersection at Wind Trail Way and Cannon Road. Cannon Road improvements include full width right-of-way, curb, gutter, decomposed granite pedestrian trail, bus stop with bench, landscaped parkway and a 6-foot tall decorative masonry sound wall. e. Mobility Policy 3-P.11-Require new development that adds vehicle traffic to street facilities that are exempt from the vehicle LOS standard .to implement a) transportation demand management strategies that reduce the reliance on single-occupant automobiles and assist in achieving the city's livable streets vision; and b) transportation system strategies that improve traffic signal coordination and improve transit services-The project will add vehicle traffic to El Camino Real which in areas has been identified as an exem1)t street facility in the General Plan. Accordingly, the project is conditioned to provide a Transportation Demand Management (TOM) strategy and contribute fees toward a city wide Transportation System Management (TSM) program. PC RESO NO. 7161 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f. Housing Policy 10-G.2 -New housing developed with diversity of types, prices, tenures, densities, and locations, and in sufficient quantity to meet the demand of anticipated city and regional growth-The majority of housing in Carlsbad is detached single-family dwellings, occupied by above-moderate income households. The proposed senior apartment project will increase the diversity of housing in Carlsbad by adding 98 for-rent apartment units to the city's housing inventory, which will be-restricted to senior tenants. In addition, the project will increase housing diversity by providing housing offered at a price affordable to low income tenants (20 apartment units will be provided onsite for low-income senior households). g. Housing Program 2.1-Maintain adequate residential sites to accommodate the 2010-2020 Regional Housing Needs Assessment (RHNA)-The project site is part of the city's Housing Element inventory of sites (RHNA housing sites) that can accommodate low income households, based on a requirement for a minimum density of 20 du/ac. The project's proposed density is 20 du/ac and will remain part of the city's RHNA housing sites inventory until such time that the site is developed (the RHNA housing sites inventory only includes sites with development potential). h. Housing Programs 3.1 and 3.10-Implement lnclusionary Housing Ordinance and work with senior housing developers and non-profit organizations to locate and construct at least 50 units of senior low-income housing between 2013 and 2020 -In accordance with the General Plan Update (Planning Commission Resolution No. 7114), the project is conditioned to enter into an affordable housing agreement with the City of Carlsbad to provide a minimum of 20% (i.e., 20 units} of the total housing units onsite as affordlable to lower income households at 80% or below the San Diego County Area Median Income. i. Open Space, Conservation and Recreation Policy 4-P.9-Maintain and implement the city's Habitat Management Plan (HMP), including the requirement that all development projects comply with the HMP and related documents-The project has been reviewed in accordance with the city's Habitat Management Plan (HMP). The project site lis extensively disturbed and is identified in the HMP as a "Development Area" with no adljacent HMP "Hardline" boundaries. According to the Robertson Ranch Master Plan EIR and Preliminary Biological Assessment, the project site does not support any riparian, aquath: or wetland habitat, or any other sensitive natural communities. Calavera Creek is located off-site and adjacent to the project's southerly boundary within the Rancho Carlsbad community. The project site and creek channel are separated by an existing 6-foot tall masonry wall located on the north side of the creek and belonging to the Rancho Carlsbad community. A 100-foot buffer from Calavera Creek is provided, except in an area nearest to the main project entrance at Wind Trail Way and Cannon Road where a buffer of lesser width was previously approved by the Wildlife Agencies as part of the grading for the existing PA 22 dev1elopment pad. Tubular steel fencing and a masonry wall are proposed along the southern boundary of the PA 22 development site to discourage pedestrian trespass into the adjact~nt PA 23G open space. The landscape plans require that all exterior lighting be shielded downward and away from the PA 23G open space parcel, Calavera Creek and the Rancho Carlsbad community beyond, as well as prohibiting exotic and invasive plant species. Best ManagE!ment Practices (BMPs), as required by the Stormwater Management Plan, contains adequate measures that will preclude significant sediment runoff from the site. The project will implement standard erosion control measures to avoid pollution and sedimentatio,n of important water resources and the loss of vegetative resources from sloped areas. PC RESO NO. 7161 -8- 1 2 3 4 5 6 7 8 9 10 11 12 ,13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. j. Noise Policy 5-P.3-For all projects that require discretionary review and have noise exposure levels that exceed the standards in Table 5-1, require site planning and architecture to incorpo"rate noise-attenuating features. With· mitigation, development should meet the allowable outdoor and indoor noise exposure standards in Table 5-2 -According to the project noise study, the site is impacted by traffic noise originating from Cannon Road. The project site already includes an existing 6-foot tall masonry noise wall I atop an earthen berm along Cannon Road. No exterior noise mitigation is necessary for cc1mpliance with the City of Carlsbad Noise Guidelines Policy Goal of 60 dBA CNEL at the common use areas, which are shielded by the existing noise wall and the proposed building configurations. However, exterior noise levels at the residential building facades (Floor Levels 1-3) were found to be above the 60 dBA CNEL threshold in various locations, and the project would thus be required to perform an interior assessment prior to issuance of a building permit in order to ensure a 45 dBA CNEL interior noise level consistent with the City of Carlsbad's Noise Guidelines and also Title 24 of the California Code of Regulations. The report indicates that interior noise levels of 45 dBA CNEL can easily be obtained with conventional building construction methods and upgraded windows. A mitigation meas;ure has been included requiring submittal of an acoustical study prior to issuance of a building permit to ensure a 45 dBA CNEL interior noise level is achieved consistent with the c:ity of Carlsbad's Noise Guidelines and Title 24 of the California Code of Regulations. k. Public Safety Policy 6-P.34-Enforce the Uniform Building and Fire codes, adopted by the City, to provide fire protection standards for all existing and proposed structures -The project requires building permit approval. The building permit review process requires submittal of construction drawings for review and compliance with the Uniform Building and Fire codes. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 14 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. d. The Local Facilities Management fee for Zone 14 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 20. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. PC RESO NO. 7161 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. 22. 23. 24. 25. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 14. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesth1~tic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's Habitat Management Plan. The project site has already mitigated all impacts to HMP Habitat Groups D, E and F through payment of in-lieu mitigation fees pursuant to Mitigation Measure No. 6 as required by the addendum adopted by Planning Commission l~esolution No. 6657 on December 16, 2009. The proposed project is confined to the existing graded PA 22 development pad for which all impacts have been previously mitigated and there1fore does not result in additional impacts not previously analyzed. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for CANNON ROAD SENIOIR HOUSING -MP 02- 03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12, the environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading or building permit, or recordation of the Final Parcel Map, whichever occurs first. PC RESO NO. 7161 -10- 1 2 3 4 5 6 7 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. 8. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Site Development Plan, Minor Site Development Plan, Conditional Use Permit and Tentative Parcel Map. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan, Minor Site Development Plan, Conditional Use Permit and Tentative Parcel Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer shall implement, or cause the, implementation of, the CANNON ROAD SENIOR HOUSING -MP 02-03(H)/SDP 15-13/SDP 15-19/CUP 15-05/MS 15-12 Project Mitigation Monitoring and Reporting Program. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, { from (a) City's approval and issuance of this Site Development Plan, Minor Site Development Plan, Conditional Use Permit and Tentative Parcel Map, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the Site Plan and Tentative Parcel Map reflecting the conditions approved by the final decision-making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. PC RESO NO. 7161 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. 12. 13. 14. 15. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 14 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and MP 02-03(H) -CJ~NNON ROAD SENIOR HOUSING and is subject to all conditions contained in Planning Commission Resolutions No. 7159 and 7160 for those other approvals incorporated herein by reference. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time ofthe application for the building permit, and thatwater and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Parcel Map. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 14, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Site Development Plan, Minor Site Development Plan, Conditional Use Permit and Tentative Parcel Map by Resolution No. 7161 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and allconditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 16. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 20 dwelling units on Senior Housing Parcel "B" as affordable to lower-income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code and as set forth in Planning Commission Resolution No. 7117 which requires 20% of the total number of homes on the subject property to be affordable to lower income households. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. PC RESO NO. 7161 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. 18. 19. 20. 21. 22. 23. 24. Developer shall construct the 20 required inclusionary units concurrent with the project's market rate units, unless both the final decision-making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. No plant species listed on the Cai-IPC Invasive Plant Inventory or identified by the Cal-EPPC as an invasive risk in southern California shall be included in the final landscape plans or planted onsite. CUP 15-05 shall be reviewed by the City Planner annually to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the City Pllanner determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public healthj, safety or welfare or so · as to constitute a nuisance, the CityPianner shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic Development Department and Planning. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval ofthe Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 25. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. PC RESO NO. 7161 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26. 27. 28. 29. 30. 31. Developer shall establish an education program for the future senior apartment residents regarding responsible pet ownership. The program shall at a minimum encourage a) the keeping of pets indoors, especially at night; b) having pets neutered! or spayed to reduce unwanted reproduction and long range wanderings; c) belling of cats to reduce their effectiveness as predators; d) discouraging the release of unwanted pets into the wild; and e) keeping dogs on leashes when walking them on trails, especially near preserve areas. Walkways and hallways in the common areas of the senior housing prc•ject shall be equipped with standard height railings or grab bars to assist persons who have difficulty with walking, and shall have lighting conditions that are of sufficient brightness to as;sist persons who have difficulty seeing. Compliance with these conditional requirements shall be demonstrated on the building plans submitted for the project. To the extent practicable, as determined by the Building Official, the interiors of each senior apartment unit shall be designed to implement the principals of universal design as currently established by the Center for Universal Design at the North Carolina State University, or any other residential design elements for seniors that may currently be established by the California Department of Aging. Compliance with these requirements shall be demonstrated on the building plans submitted for the project. Dwelling units shall be provided with the following and all features shall be included on plans submitted for issuance of a building permit: a. Tubs and/or showers equipped with, or adaptable for, at least one grab bar; b. Tubs and/or showers equipped with temperature regulating devices; c. Slip resistant tub and/or shower bottom surfaces; and d. Peepholes in entry doors. The RV storage area is subject to the following requirements: a. Only recreational vehicles as defined in CMC Section 21.04.298 maty be stored within the recreational vehicle storage area; all stored vehicles must be in an operable condition and, if required, currently licensed. b. Permitted recreational vehicle storage shall not be utilized as a sah~s yard or storage for a sales yard. An occasional sale by an individual may be permitted. c. The maintenance, restoration, and/or repair of any vehicle shall n,ot be permitted within the storage area. d. The utilization of a stored vehicle as a living unit shall not be permitted. The Robertson Ranch Master Plan master CC&R's shall be amended to ~tddress maintenance of the reconfigured RV storage area. Said CC&Rs shall be submitted tct and approved by the Planning Director prior to the issuance of a grading permit. In addition to addressing maintenance of the RV storage area, the CC&R's shall also include the ft:>llowing: PC RESO NO. 7161 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32. a. Only recreational vehicles as defined in CMC Section 21.04.298 ,may be stored within the recreational vehicle storage area; all stored vehicles must be in an operable condition and, if required, currently licensed. b. Permitted recreational vehicle storage shall not be utilized as a sale~s yard or storage for a sales yard. An occasional sale by an individual may be permitted. c. The maintenance, restoration, and/or repair of any vehicle shall ne>t be permitted within the storage area. d. The utilization of a stored vehicle as a living unit shall not be permitted. Prior to demolition of the existing RV Storage facility, the applicant shall provide a temporary secure RV Storage facility along with a Construction Phasing Plan, whkh depicts the location and timing of this improvement to the satisfaction of the City Planner. Engineering: General 33. 34. 35. 36. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide this project. Developer shall pay the city standard map review plan check fees. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineerfor the proposed haul route. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy, Prior to approval of a parcel map or issuance of any permits, the developer shall submit and attain approval from the city engineer of a Transportation Demand Management (TDM) Plan as the project is subject to transportation demand management strategies that reduce the reliance on single-occupant automobiles and assist in achieving the city's livable streets vision. The plan shall include implementation approaches and timelines. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Transportation Demand Management Implementation Agreement. Fees/ Agreements 37. 38. 39. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. PC RESO NO. 7161 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 40. 41. Prior to approval of the parcel map or issuance.of any permits, the developer shall enter into an agreement with the city to pay the city's Transportation System Management Program and Transportation Demand Management Program fees established as a result of the forthcoming Traffic Impact Fee Update. The form and content of said agreement shall be to the satisfaction of the city engineer and city attorney. Developer shall cause property owner to execute a city standard reciprocal access and parking agreement to the satisfaction of the city engine·er. Grading 42. 43. 44. 45. 46. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. Developer shall comply with the city's Storrnwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices .. erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan {TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan {SWQMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city's City of Carlsbad BMP Design Manual,, latest version. The preliminary SWQMP on file with the city is for reference only. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMPs, and applicable hydromodification measures. Dedications/Improvements 47. Developer shall design the private drainage systems,-as shown on the site plan to the satisfaction of the city engineer. All private drainage systems ·(12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems.· PC RESO NO. 7161 -16- 1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 48. 49. so. Developer shall design all proposed public improvements including but not limited to (sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains, etc.) as shown on the site plan. These improvements shall be shown on one of the following, subject to city engineer approval: a. Grading plans processed in conjunction with this project; or b. Construction Revision to an existing record public improvement drawing. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. Developer shall provide all-weather maintenance access roads to the public drainage facilities '{e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the city engineer. Where maintenance access roads are not practical and/or permitted, developer shall incorporate low- maintenance design features to the satisfaction of the city engineer. Utilities 51. 52. 53. 54. 55. 56. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. Developer shall design and construct all required public utility facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes; Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. · The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use ·map to the Planning Department for processing and approval by the district engineer. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. PC RESO NO. 7161 -17- 1 2 3 4 57. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the 5 following: 6 7 8 9 10 H. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. This tentative parcel map shall expire two (2) years from the date on which the City Council voted to approve this application. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Averag1:'! Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative map are for planning purposes only. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 14 as required by Carlsbad Municipal Code Section 21.90.050. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and Robertson Ranch Master Plan and shall require review and approval of the City Planner prior to installation of such signs. Approv;:~l of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. PC RESO NO. 7161 -18- 1 2 3 4 5 6 7 NOTICE Please take NOTICE that approval of your project includes the 11imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as 11fees/exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT 8 APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any 9 fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular ri1eeting of the Planning Commission of the City of Carlsbad, California, held on April 20, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Anderson, Commissioners Black, L'Heureux, Segall and Siekmann Commissioners Goyarts and Montgomery ~~Je,wtW VELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION A[ 71w DON NEU City Planner PC RESO NO. 7161 -19-