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HomeMy WebLinkAbout1995-06-13; City Council; 13177; Poinsettia Shores Planning Area B-1-> OFCARLSBAD - AGEPA BILL POINSElllA SHORES PLANNING AREA “B-1 q CT 94-08/CP 94-01 3ECOMMENDED ACTION: That Council ADOPT Resolution No. 9 5 - 1.5 / APPROVING the Tentative Tract Map and Condominium Permit for Poinsettia Shores Planning Area B-l - CT 94-08/CP 94-01. ITEM EXPLANATION On April 5, 1995, the Planning Commission conducted a public hearing and recommended approval with a 6-l vote (Erwin) of a Tentative Tract Map and Condominium Permit (CT 94 08/CP 94-01) to develop 158 detached, clustered single family homes within Planning Area B-l, which is located at the northwest corner of the Poinsettia Shores Master Plan site, east of the railroad right of way in Local Facilities Management Zone 9. No persons other than the applicant gave public testimony during the hearing. The site is located in the Planned Community (PC) Zone and is subject to the development standards and design guidelines of the Poinsettia Shores Master Plan and the Planned Development Ordinance (Chapter 21.45 of the Carlsbad Municipal Code). The proposed project involves 158 single family units. The master plan allows 161 units. Both numbers, the proposed and allowed unit count, exceed the growth management control point for the planning area’s acreage (20.1 acres). The growth control point (density) for the site (given the Residential-Medium (RM) General Plan designation) is 6.0 du/ac. The proposed density is 7.9 du/ac. With the approval of the Poinsettia Shores Master Plan, individual planning areas were allotted a maximum number of dwelling units. Being able to achieve the maximum allowable number of ,units would be dependent upon compliance with all applicable development standards. Some planning areas were assigned a maximum unit count that is below the growth control point while other planning areas (like B-l) were assigned a maximum unit count that exceeds the growth control point. Overall, however, the RM range of 4-8 du/ac is not exceeded; and the overall density allowed for the master plan, as determined by the amount of units left over from the previous master plan on the site (Batiquitos Lagoon Educational Park), is not exceeded. On a master plan level, the growth control point is not exceeded. No impacts will result in the unavailability or inadequacy of public facilities and/or services; or to the southwest quadrant dwelling unit cap. Nevertheless, the fact that the project exceeded the growth control point (as allowed by the master plan) was the reason for a no vote on the project at the Planning Commission. In addition to complying with all applicable development standards, including an 80 foot structural setback from the existing Lakeshore Gardens Moblie Home Park to the north, the project features an innovative product type as allowed by the master plan. The primary elements of this product type include: detached, clustered air space ownership single family units, a 24 foot wide courtyard serving 4 units or less, private passive recreation area for each unit, no individual garages facing directly onto the internal private street system, a 36 foot wide internal private street system allowing guest parking on both sides and an emphasis on pedestrian circulation throughout the planning area. The proposed project provides required trail segments and meets all of the applicable standards of the Planned Development Ordinance, the West Batiquitos Local Coastal Program, the Local Facilities Management Plan for Zone 9, and the Poinsettia Shores Master Plan. \ PAGE TWO OF AGENDA BILL NO. /3, I31 ENVlRONMENTAL REVIEW The environmental impacts created by the proposed project have been analyzed through completion of an Environmental Impact Assessment. The Assessment concluded that (1) previous environmental review has already been conducted (Poinsettia Shores Master Plan [MP 175(D)] with a Mitigated Negative Declaration and master tentative map [CT 94-011 with a Mitigated Negative Declaration) for the site, (2) the required mitigations per the Mitigated Negative Declarations have been completed (cultural resource monitoring during mass grading) or are designed into the project (noise policy compliance), and (3) the proposed project will not create additional environmental impacts beyond those already assessed. Therefore, a Notice of Prior Compliance was issued on March 2, 1995. FISCAL IMPACTS All public facilities required to serve the proposed project will be available prior to or concurrent with development as mandated by the facilities plan and finance plan for Local Facilities Management Zone 9. No negative fiscal impacts will be incurred by the City since the developer is responsible for all costs of ensuring the availability and construction of all public facilities. EXHIBITS 1. City Council Resolution No. 9 5 - 15 1 2. Location Map 3. Planning Commission Resolution Nos. 3757 and 3759 4. Planning Commission Staff Report, dated April 5, 1995 5. Excerpts of Planning Commission Minutes, dated April 5, 1995. 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. 95-151 A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT TO DEVELOP 158 DETACHED, CLUSTERED SINGLE FAMILY DWELLING UNITS WITHIN PLANNING AREA “B-l” OF THE POINSETTIA SHORES MASTER PLAN LOCATED NORTH OF BATIQUITOS LAGOON, WEST OF THE I-5 FREEWAY, IN THE COASTAL ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 9. CASE NAME: POINSETTIA SHORES - AREA B-l CASE NO.: CT 94-08/CP 94-01 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on April 5, 1995, hold a duly noticed public hearing as prescribed by law to consider a Tentative Tract Map and Condominium Permit; and WHEREAS, the City Council of the City of Carlsbad, on the 13th day of JUNE , 1995, held a duly advertised public hearing to consider said Tentative Tract Map and Condominium Permit and at that time received the recommendations, objections, protests, comments of all persons interested in or opposed to CT 94-08/CP 94- 01; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City Council APPROVES City Council Resolution No. 95-l 51 , and that the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution Nos. 3757 and 3758, on file in the Planning Department and made a part hereof by reference are the findings and conditions of the City Council. I/ . . . . r ; 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 A PASSED, APPROVED AND ADOPTED at a regular meeting of the City COUNCIL of the City of Carlsbad, California, on the JUNE 13 t h day of J 1995, by. the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None AITESTZ ALETHA L. -2- EXHBIT 2 BATIQUITOS LAGOON POINSETTIA SHORES F?A. B-l --CT 94-08/CP.94-01 5 LOCATION MAP 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 1 ExHBK3 PLANNING COMMISSION RESOLUTION NO. 3757 A RESOLUTION OF THE PLANNIN G COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP, CT 94-08, FOR 158 CLUSTERED SINGLE FAMILY HOMES ON PROPERTY GENERALLY LOCATED NORTH OF THE BATIQUITOS LAGOON WITHIN PLANNING AREA “B-l” OF THE POINSETTIA SHORES MASTER PLAN. CASENAME: POINSETTIA SHORES - AREA “B-l” CASE NO: cr 94-08 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did on the 5th day of April, 1995, hold a public hearing on property described aS: Lot 5 of Carlsbad Tract 94-01, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 13181, filed in the office of the San Diego County Recorder. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CT 94-08. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of Carlsbad Tract CT 94-08, based on the following findings and subject to the following conditions: . . . . . . . . 1 5 : 4 K k c 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: Tentative MOD 1. 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, the Poinsettia Shores Master Plan, 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 ail required public improvements will be provided, ail necessary facilities and services will be available, and ail applicable City standaids will be applied and enforced to promote public health, safety and welfare. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan, in that the subject planning area and surrounding planning areas are designated for Residential-Medium (RM) development which allows 4-8> dwelling units per acre. Planning Area “B-l” proposes an allowable density of 7.9 du/ac. 3. 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 ail applicable City and Master Plan standards and design guidelines are accommodated by the subject planning area site and proposed project. 4. 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 Master Plan and buiidout of individual planning areas has been designed and structured so that no conflicts with any easements will occur. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act), in that no such contract pertains to or exists for the subject master plan property or planning area site. 6. 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 primary building orientation and placement, in combination with the variety of floor plan types proposed and dominant wind and solar radiation patterns, will allow utiiization of natural heating or cooling opportunities. 7. That the Planning Commission has 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, in that the project compiles with ail applicable facilities and financing plans to assure the balance of housing needs in the region against public services availability without impacting environmental resources. 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or I PC RESO NO. 3757 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 26 27 28 wildlife or their habitat, in that previous environmental analysis and review associated with the Master Plan and master tentative.map have documented the laci of any significant impacts to fish, wildlife or their respective habitats created by the buildout of the Master Plan. 9. That the discharge of waste from the subdivision will not result in violation o existing California Regional Water Quality Control Board requirements, in that the drainage requirements of the Master Plan at buildout have been considered ant appropriate drainage facilities have been designed and secured. In addition to CiQ Engineering standards and compliance with the City’s Master Drainage Plan National Pollutant Discharge Elimination System (NPDES) standards will bc satisfied to prevent any discharge violations. Growth Manaeement 10. The Project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies ant ordinances since: al b) Cl d) e) The Project has been conditioned to ensure that the final map will not bc approved unless the City Council finds that sewer service is available to serve the Project. In addition, the Project is conditioned such that a note shall bc placed on the final map that building permits may not be issued for the Project unless the District Engineer determines that sewer service is available and building cannot occur within the project unless sewer service remain! available, and the District Engineer is satisfied that the requirements of tht Public Facilities Element of the General Plan have been met insofar as the] apply to sewer service for this project. Statutory School fees will be paid, or the obligations of the existing Schoolr Agreement will be satisfied, to ensure the availability of school facilities in the Carlsbad Unified School District. The Carlsbad Unified School District ant the project applicant, Kaiza Poinsettia Corporation, have signed a School Facilities Funding and Mitigation Agreement dated August 29, 1994, stating that school facilities will be available to this project. All necessary public improvements have been provided or are required a! conditions of approval. The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. Park in lieu fees have already been provided, allowing the approval and development of this planning area. PC RESO NO. 3757 -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 11. 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. 12. This Project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 9. Proiects exceeding the Growth Control Point-(Section 21.90.045’1: 13. 14. 15. That the Project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City’s public facility plans will not be adversely impacted, in that all infrastructure required to service the buildout of the Poinsettia Shores Master Plan, including Area B-l has been secured. Consistent with the facilities and financing plans for Local Facilities Management Zone 9, all necessary services and facilities will be, or currently are, available to serve the proposed development. That there have been sufficient developments approved in the quadrant at densities below the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit; the approval of the Poinsettia Shores Master Plan considered the southwest quadrant and corresponding availabiiity of dwelling units for development. Since the proposed project is consistent with the allowed density assigned to the subject planning area per the Poinsettia Shores Master Plan, the southwest quadrant limit will not be exceeded. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this Project and in compliance with adopted City standards, in that the proposed project is in full compliance with the Zone 9 Locai Facilities Management Pian documents and Finance Plan which consider public facilities requirements for the buildout of the master plan. Major infrastructure has been provided and/or secured by the approval of the Poinsettia Shores Master Tentative Map (CT 94-01). T,andscaning 16. That the project is consistent with the City’s Landscape Manual, adopted by the City Council on November 13, 1990. Coastal Zone 17. That the proposed project is consistent with all applicable policies of the West Batiquitos segment of Carisbad’s Local Coastai Program. PC PESO NO. 3757 ci 4 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 Environmental - 18. The Planning Commission finds that: a> the project is a Residential Project consistent with a Community Plan (the Poinsettia Shores Master Plan) as described in Section 15183 of the CEQA Guidelines; 9 the project is consistent with the Poinsettia Shores Master Plan; 4 there were Mitigated Negative Declarations approved in connection with the prior approval of the Poinsettia Shores Master Plan; d) the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declarations; and e) none of the circumstances requiring Subsequent or Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. 19. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the Mitigated Negative Declarations which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. 20. 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 degree of the exaction is in rough proportionality to the impacts caused by the project. Planniw Conditions: AJDroval 1. The Planning Commission does hereby recommend approval of the Tentative Tract Map for the Poinsettia Shores Project entitled “Planning Area B-l”, dated April 5, 1995, (Exhibits “A” - “O”, dated April 5,1995, incorporated by this reference), subject to the conditions herein set forth. Staff is authorized and directed to make or require the Developer to make all corrections and modifications to the project’s exhibits and/or documents, as necessary to make them internally consistent and conform to City Council’s final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. Architectural amendments may be processed according to the architectural amendment process outlined in the master plan (p. 75). 2. If any of the foregoing 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 \O PC RESO NO. 3757 -5- 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 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, 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 Resolution. 3. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. MaDs and Exhibits 4. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the conditions of approval by the City. The Map copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. 5. The Developer shall provide the Planning Director with a 500’ scale mylar of the subdivision prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the Project. 6. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced, legible version of the approving resolutions on a 24” x 36” blueline drawing. Said blueline drawings shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Facilities & Services 7. The final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. 8. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. A note to this effect shall be placed on the final map. 9. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987 (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfil1 the subdivider’s agreement to pay the public facilities fee dated December 9, 1994, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project will be void. \’ PC RESO NO. 3757 -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 - 10. Prior to the issuance of any building permits, the developer shall provide to the City proof of satisfaction of the school facilities mitigation obligation. 11. This Project shall comply with all conditions and mitigation measures which are required as part of the Zone 9 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the Zone 9 LPMP Amendment (LPMP 87-09(A)) that was related to the approval of the Poinsettia Shores Master Plan and the Zone 9 Pinance Plan as approved on September 6,1994. General Conditions 12. 13. 14. 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 residential housing 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. Approval of CI’ 94-08 is granted subject to the approval of CP 94-01. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. The CC&Rs shall, incorporate the following items: (4 (B) (0 @I W (H) . . . . No private development shall be permitted within open space areas, easement areas or recreational areas. Ail open space and landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. A provision stating the City’s right but not obligation to enforce the CC&Rs. Any amendments to the CC&Rs shall be subject to the review and approval of the Planning Director and City Attorney. Guest parking only is allowed on both sides of the 36 foot wide private street. Maintenance and liability of all recreation areas, common areas including trail segment; and common facilities including drainage facilities and devices. Minimum rental time increment of 26 days. The provisions required by Condition Nos. 36, 38, and 58 of this resolution. PC RESO NO. 3757 -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 28 27 28 - Specific Onsite Conditions 15. All visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked as may be approved by the Planning Director. 16. An exterior lighting plan including parking areas shall be submitted for Planning Director approval prior to the approval of the final map. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 17. Prior to occupancy of the dwelling units within the subject planning area, the master plan recreation center (Area M) and recreational vehicle storage area (Area E) shall be completed subject to the provisions contained in Condition #14 of Planning Commission Resolution Number 3747 for SDP 94-03. Landscane 18. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plans (Exhibits “L” - “0” dated April 5, 1995), the landscape guidelines of the Poinsettia Shores Master Plan, and the City’s Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director prior to the approval of the final map, grading permit, or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 19. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s building, improvement, and grading plans. Slrms and Identiikation 20. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. Miscellaneous Piannine Conditions 21. The Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District, the Planning Director and City Engineer. Said facilities, if required, shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed to enhance or be consistent with the basic architectural theme of the Project. 22. This Project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum PC RESO NO. 3757 i-3 -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 time increment for such rental shall be not less than 26 days. The CC&&s for the Project shall include this requirement. 23. The Developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. 24. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. Outside APencv Permits 25. Prior to approval of the final map for CT 94-08, the Developer shall receive approval of a Coastal Development Permit issued‘by the California Coastal Commission that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to Tentative Tract Map CT 94-08 shall be required. Affordable Housing 26. Prior to the approval of the final map for any phase of this Project, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 90 dwelling units as affordable to lower-income households for the useful life of the dwelling units either in Planning Area D of the Master Plan (CT 94-10) or an offsite location to the satisfaction of the Community Development Director, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code and the Poinsettia Shores Master Plan. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Onen Snace and Trails 27. 28. 29. . . . . Prior to approval of the final map, the Developer shall dedicate as permanent open space for pedestrian access purposes a trail easement for trail(s) shown on the Tentative Map witbin Open Space Lot 2) in conformance with Exhibits “C” - “D” and the Poinsettia Shores Trails System as described in the Poinsettia Shores Master Plan pages 24-33. Trail maintenance and liability provisions are outlined on the project’s landscape exhibit cover sheet, Exhibit ‘IL”. Per the master plan, occupancy of residential units will be granted only after the adjacent trail segment (within Area B-l) is constructed and landscaped to the satisfaction of the Planning Director. Ail open space areas, slopes, trail segments and landscaped areas shall be maintained, and liability assigned, as outlined on the Landscape Exhibits (“L” - “0”) dated April 5,1995. PC RFSO NO. 3757 -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 A Eneineerine Conditions: 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. Approval of this tentative tract map shall expire twenty-four (24) months from the date of City Council unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code. PC RESO NO. 3757 -lo- This project is located within the West Batiquitos Lagoon Local Coastal Program. All development design shall comply with the requirements of that LCP. Unless a standards variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map. The applicant shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell Telephone, and Cable TV authorities. This project is approved specifically as 1 (single) unit for recordation. If the applicant chooses to construct out of phase, the new phasing must be reviewed and approved by the City Engineer and Planning Director. The applicant shall provide an acceptable means for maintaining the private easements within the subdivision and all the private streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Adequate provision for such maintenance shall be included with the CC&Rs subject to the approval of the City Engineer prior to approval of the final map. A note to the effect of the following shall be placed on a non-mapping data sheet of the final map. “Improvements designated as private on the improvement plans for this subdivision are to be privately maintained”. A note shall be placed on the improvement plans stating which utilities are public and which are private. All concrete terrace drains shall be maintained by the homeowner’s association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&Rs. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 40. 41. 42. 43. 44. 45. 46. 47. 48. The applicant shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. Prior to approval of the final map, the owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent Property. No grading shall occur outside the limits of the subdivision unless a grading or slope easement is obtained from the owners of the affected properties. If the applicant is unable to obtain the grading or slope easement, no grading permit will be issued. In that case the applicant must either amend the tentative map or modify the plans so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the applicant shall submit to and receive approval from the City Engineer for the proposed haul route. The applicant shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. Rain gutters must be provided to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any grading or building permit as may be required by the City Engineer. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map. Ail land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Prior to issuance of building permits, the applicant shall underground all existing overhead utilities within the subdivision boundary. The underground@ may be phased in accordance with construction phasing as approved by the City Engineer and the Planning Director. The applicant shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The applicant shall provide best management practices, as referenced in the “California Storm Water Rest Management Practice Handbook”, to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved PC RESO NO. 3757 -ll- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. by the City Engineer prior to approval of the final map, issuance of grading or building permit, whichever occurs first. Prior to approval of the final map, the design of all private streets and drainage systems shall be approved by the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. The standard improvement plan check and inspection fees shall be paid prior to approval of the final map for this project. Prior to occupancy of any unit within this project, the public improvements of Avenida Encinas shown on D-337-9 shall be completed to the satisfaction of the City Engineer. The emergency access to Lot 8 shown on sheet 4 of 5 of the tentative map shall have an all weather surface to the satisfaction of the Fire Marshal. Fire Conditions: Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. Additional onsite public hydrants may be required. Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing hydrants. Applicant shall submit a site plan to the Fire Department for approval of access, driveways and general traffic circulation. An all-weather access road shall serve the project during construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted “No Parking/Fire Lane” pursuant to Section 17.04.020, Carlsbad Municipal Code. This provision shall be incorporated into the project’s CC&Rs. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. Prior to submittal of water improvement plans, the applicant shall submit to the Fire Department a map, showing the street network, conforming to the following criteria: + 400’ scale * Photo reduction on mylar \q PC RESO NO. 3757 -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 l At least two existing streets and/or intersections shall be referenced on the map (not a separate vicinity map) * Maps shall include the following information: Street centerlines Street names Fire hydrant locations Carlsbad MuniciDal Water District Conditions: 61. 62. 63. 64. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure and flow demands can be met. The developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of building permit. The San Diego County Water Authority capacity charge which will be collected at issuance of application for meter installation. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until tune of occupancy. This note shall be placed on the final map. The developer shall adhere to all conditions as set forth in the Water District’s approved potable water, sewer and reclaimed systems analysis dated March 21,1994. Any revisions to the above referenced and approved water systems analysis shall be reviewed and approved by the Water District. Code Reminders: The Project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: Fees 65. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Final MaD Notes 66. The following note shall be placed on the Final Map. “Prior to issuance of a building permit for any buildable lot within the subdivision, the Developer shall pay a one- time special development tax in accordance with the City Council Resolution No. 91- 39”. . . . . PC RJZSO NO. 3757 -13- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 General 67. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provide herein. 68. The project shah comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 69. The Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. J.andscaDe 70. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. Eneineering 71. 72. 73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prior to approval of the final map, the applicant shall pay all current fees and deposits required. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Prior to approval of the final map, the applicant must submit and receive approval for grading plans in accordance with City codes and standards. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chapter 11.06. PC RFSO NO. 3757 -14- II ’ I 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the 2 Planning Commission of the City of Carlsbad, held on the 5th day of April, 1995, by the 3 following vote, to wit: 4 AYES: Chairperson Welshons; Commissioners Compas, Monroy, 5 Nielsen, Noble and Savary. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOES: Commissioner Erwin. ABSENT: None. ABSTAIN: None. WiI210~s, Chairperson CARLSBADP LANNING COMMISSION ATTEST Planning Director II PC RESO NO. 3757 -1s - 1 PLANNING COMMISSION RESOLUTION NO. 3758 2 ,3 4 5 6 7 A RESOLUTION OF THE P LANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDOMINIUM PERMIT, CP 94-01, FOR 158 CLUSTERED SINGLE FAMILY HOMES ON PROPERTY GENERALLY LOCATED NORTH OF THE BATIQUlTOS LAGOON WlTHIN PLANNING AREA “B-l” OF THE POINSETTIA SHORES MASTER PLAN CASE NAME: POINSETTIA SHORES - AREA “B-l” CASE NO: C-P 94-01 a WHEREAS, a verified. application has been filed with the City of Carlsbad 9 10 and referred to the Planning Commission; and 11 WHEREAS, said verified application constitutes a request for a Planned Unit 12 Development as provided by Chapter 21.45 of the Carlsbad Municipal Code; and 13 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 14 Commission did on 5th day of April, 1995, hold a public hearing on property described as: 15 II 16 17 18 Lot 5 of Carlsbad Tract 94-01, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 13181 filed in the office of the San Diego County Recorder. WHEREAS, at said public hearing, upon hearing and considering all testimony 19 . and arguments, if any, of all persons desiring to be heard, said Commission considered all 20 21 factors relating to CP 94-01. 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Phuming 23 Commission of the City of Carlsbad as follows: 24 A) That the foregoing recitations are true and correct. 25 B) That based on the evidence presented at the public hearing, the Planning 26 Commission RECOMMENDS APPROVALof Condominium Permit, CP 94-01, based on the following findings and subject to the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 FindinPs: 1. That the granting of this permit will not adversely affect and will be consistent with Chapter 21.45 of Title 21, the General Plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies, in that the proposed project implements the approved Poinsettia Shores Master Pian, is consistent with the provisions, standards and design criteria of the Planned Development Ordinance (Chapter 21.45 of the Municipal Code), the Zone 9 Locai Facilities Management Pian documents including the Zone 9 Finance Plan, and the West Batiquitos Locai Coastai Program as certified by the Coastal Commission. 2. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the long-term general well-being of the neighborhood and the community, in that buiidout of the Master Plan will contribute to the long term generai welfare of the area by providing development consistent with the City’s General Pian. The project represents a diversified element of the Poinsettia Shores community. The location for this use is refkted in the existing General Plan and Master Plan for the site, which was amended and approved by appropriate action of the City Council in 1994 at a duly noticed public hearings. The Plan is divided into residential planning areas and open space areas. This Condominium Permit for Pianning Area ‘B-l” accurately and properly implements the approved Master Pian. 3. That’such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, since the project is partial buiidout of a comprehensive master plan which will provide ma)or infrastructure and public improvements that will enhance the generai welf;rre of the City. In addition, the project is designed to function to ail applicable City standards and will be consistent with the City’s Generai Plan. 4. That the proposed Planned Development meets all of the minimum development standards set forth in Chapter 21.45.090, the design criteria set forth in Section 21.45.080, and has been designed in accordance with the concepts contained in the Design Guidelines Manual, in that no deviations or modifications from the deveiopment standa& of Chapter 21AS are involved and ail design criteria have been satisfied including: (a) a fimctioual reiationship m structures, iandseaping and open space amag (II) the provision of adequate usable open space, street systems, recreational opportunities and adequate resident and guest parking m (c) compatibility with existing and future permitted land uses while not creating a disruptive element to the communi@, (d) the provision of an internai street system that does not dominate the project’s design or eodiiet with any rec.reatSonal amq trail areaq parking locations or other common areas of the project; (e) the provision of adequate recre&ion facilities; and (f) structures that will promote architectuml harmony. 5. That the pr-d project is designed to be sensitive to and blend in with the natural topography of the site, and maintains and enhances significant natural resources on 2 PC FkESO NO. 3758 -2- 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 the site, in that the site of the subject planning area has been recently mass graded so that no significant natural resources or sensitive topographic considerations are involved. 6. That the proposed project’s design and density of the developed portion of the site is compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood, in that all appiicable provisions are compiled with so that no disruptive elements will be created by the buiidout of the Master Plan. 7. That the project’s circulation system is designed to be efficient and well integrated with the project and does not dominate the project, in that the proposed circulation system meets ail standards while not dominating the project or adversely impacting any of the pro)ect’s features or amenities. Planninn Condltiong: 1. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Planning Commission does hereby recommend approval of the Condominium Permit for the Poinsettia Shores Project entitled “Planning Area B-l”, dated April 5, 1995, (Exhibits “A” - “On, dated April 5,1995, incorporated by this reference), subjezt to the conditions herein set forth. Staff is author&d and directed to make or require the Developer to make all corrections and modifications to the project’s exhibits and/or documents, as necessary to malt? them internally consistent and conform to City Council’s final action on the Project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. Approval of CP 94-01 is granted subject to the approval of CT 94-08. CP !M-Ol is subject to all conditions contained in Planning Commission Resolution No. 3757 for the Tentative Tract Map, CT 94-O& PC RESON0.3758 -3- 3 ,- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 5th day of April, 1995, by the following vote, to wit: AYES: Chairperson Welshons; Commissioners Compas, Monroy, Nielsen, Noble and Savary. NOES: Commissioner Erwin. ABSENT: None. ABSTAIN: None. CARLSBAD PLANNING COMMISSION Planning Director PC RESO NO. 3758 -4- A DATE: TO: FROM: SUBJECT: I. h APPLICATIL. u OMPLJXE DATE: EXm 4 DECEMBER 20.1994 STAFF PLANNER: ERIC MUNOZ STAFF ENGINEER: JIM DAVIS STAFF REPORT 0 2 APRIL 5, 1995 PLANNING COMMISSION PLANNING DEPARTMENT CT 94-08KP 94-Ol- POINSE’ITIA SHORES PLANNING AREA “B-1” - A request for approval of a Tentative Tract Map and Condominium Permit for 158 clustered single family homes within the 20.1 acre P-C (Planned Community) zoned parcel of Planning Area “B-l” in the Poinsettia Shores Master Plan located north of the Batiquitos Lagoon and east of the railroad right of way, in the Coastal Zone, within Local Facilities Management Zone 9. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution Nos. 3757 and 3758, RECOMMENDING APPROVAL of CT 94-08 and CP 94-01, respectively, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND This project is proposing a Tentative Tract Map and Condominium Permit to develop Planning Area “B-l” in conformance with the Poinsettia Shores Master Plan with 158 clustered single family homes. Area “B-l” has been recently mass graded per the approval of master tentative map CT 94-01 (“B-l” is Lot 5 of CT 94-01) for the Poinsettia Shores project. A Tentative Tract Map is required per the Subdivision Map Act to subdivide into air space condominium units. A Condominium Permit (CP) is required since the project addresses several components of the intent and purpose of the Planned Development Ordinance as listed in Section 21.45.010 of the Zoning Ordinance. Specifically involved are: separate ownership of units upon a parcel of land containing more than one unit (air space ownership), development in accordance with the General Plan and applicable master plan, the allowance of flexibility in project design while providing for essential development standards and the provision of development which will be compatible with existing and permitted future surrounding developments. - - cr 9448/cP 94-01 POINS- SHORES P IANNING AREA “B-l” AFWL 5, 1995 PAGE 2 The Master Plan designates a specific clustered single family product for Area “B-l” as conceptually depicted on Attachment “X”, an excerpt from the Master Plan. The primary components of this product type are as follows: (1) air space building ownership and corresponding exclusive use area which total less than 3,500 square feet in area (average is 2,500 square feet); (2) a 15 x 15’ minimum (225 square feet) or 10 x 30 minimum (300 square feet) area of exclusive use area private passive recreation for each unit, and; (3) a 24 foot wide courtyard serving a maximum of 4 units. These design standards are allowed via the approval of the Poinsettia Shores Master Plan which is the implementing zoning document for the site and therefore may contain development regulations that are either not part of the Zoning Ordinance (Title 21), or are acceptable modifications from Title 21 standards. This innovative product type is one component of the residential product type diversity incorporated into the Master Plan. The primary design benefits of this product type are: the lack of long rows of garages facing onto and dominating a streetscape; and the ability to achieve the allowed density while providing all required master plan amenities and promoting an emphasis on pedestrian circulation. A typical 4-unit cluster layout (consistent with the Master Plan) is depicted on Exhibit “B”. The site has a General Plan land use designation of RM (Residential-Medium). Per the Master Plan and RM designation, Area “B-l” is allowed a density range of 4-8 dwelling units per acre (du/ac). The proposed project with 158 units and a density of 7.9 du/ac, therefore, is consistent with the Master Plan which designates 161 dwelling units for Area “B-l”. The site layout and overall project design is depicted on Exhibits “CO-“E”. The location of Planning Area “B-l” within the Master Plan is depicted on the attached Location Map. The shape of this planning area is somewhat complex as it is bordered on several edges by a variety of existing and future permitted land uses (potential affordable housing site of PA “D”, the detached single family homes of PA “A-l”, the master plan recreation center PA “M”, Avenida En&as, the Lakeshore Gardens Mobile Home Park and the railroad right of way). The site itself is essentially flat and has no unique topographic features or significant environmental resources. North of the site is the Lakeshore Gardens mobile home park. East and south of the site is the future Avenida Encinas roadway alignment. West of the site is the vacant land associated with Planning Area “D’ and also the railroad right of way; to the east of the site is the vacant land of Planning Area “A-l”. The master tentative map for Poinsettia Shores (CT 94-01) approved in August 1994 allowed the mass grading of the master plan property, the construction of the Avenida Bncinas roadway and related infrastructure to allow the development of,individual planning areas. Only finish grading is required to the mass graded site for the development of Area “B-l”. The project’s finish grading involves 21,300 cubic yards (CY) of cut, 17,000 CY of fill with 4,300 CY of export to another. location on the master plan property. Cr 94-08/CP 94-01 POINSETITA SHORES PLANNIN G AREA “B-l” APRIL 5, 1995 The clustered single family homes will feature three floor plan types as shown on Exhibits “F” s “H”: Plan type 1 has approximately 1,665 square feet (proposed height 26 feet); Plan type 2: 1,827 square feet (proposed height 26 feet), and; Plan type C: 2,130 square feet (proposed height 27 feet). Elevations are depicted on Exhibits “I” - “K”. No plan type exceeds two stories. The proposed architecture is contemporary with roof tile, stucco accented with wood trim and a variety of roof planes and articulation so that in combination with the typical 4-unit cluster (Exhibit “B”) a streetscape is created that is not dominated by long rows of .garages facing onto the internal street system. All garages face onto the internal 24 foot wide courtyard. Every unit is served by a two car garage. As shown on Exhibits “C”-“E”, an internal 36 foot wide private street will serve the project with guest parking allowed on both sides. The project is designed to meet the City’s Noise Policy that applies to new residential development (over 5 units) within the City. Noise barrier wall heights and details (consistent with the project’s noise study) are shown on Exhibits “C”-“E” and “I”-“O”. A substantial portion of the Master Plan trail system will be developed with the Area B-l trail segment as shown on Exhibits “C”- “D” and “I” - “M”. As also shown on these exhibits, the B-l trail segment borders the eastern, northern and western perimeters of the site. Avenida Encinas is adjacent to the southern perimeter with two street access points from Area “B-l” in addition to a pedestrian link to Avenida Encinas along the border of the recreation center (PA “M”) and Area “B-l” as indicated on Exhibits “D” and “M”. The project will take access from Avenida Encinas via two private streets. Gated entries are proposed and designed into the project consistent with Engineering Department and Master Plan standards. Signage is proposed for the subject planning area near the project entrance in the form of the Village Identity Sign which meets pertinent Master Plan criteria (Exhibits “D”, “M” and “0”). The proposed landscape concept (Exhibits “I”-“0”) is designed to screen the development along the perimeter and from Avenida En&as; and to promote land use compatibility with adjacent future planning areas. III. ANALYSIS The proposed project is subject to the following land use plans and regulations: A. Carlsbad General Plan B. Poinsettia Shores Master Plan - MP 175(D) C. D. Carlsbad Municipal Code, Title 20 (Subdivision Ordinance) Carlsbad Municipal Code, Title 21 (Zoning Ordinance), including: 1. Chapter 21.45 Planned Development Cl” 94-08/CP 94-01 POINSETTIA SHORES PLANNIN G AREA ‘B-1” APRIL 5,1995 2. Chapter 21.85 Inclusionary Housing 3. Chapter 21.90 Growth Management E. West Batiquitos Local Coastal Program (LCP) A. GENERAL PLAN The approval of the Poinsettia Shores Master Plan involved several findings of consistency with the City’s General Plan. All development consistent with the master plan is therefore inherently consistent with the General Plan. By providing a product type at or below the approved density for the subject planning area, the master plan’s implementation maintains consistency with the General Plan. By supplying residential market rate units per the master plan, the project is consistent with the Land Use and Housing Elements of the General Plan. The master plan was not required to provide any additional open space beyond natural open space areas previously dedicated by the master plan property. Since natural open space dedications are not required of this planning area, this project is consistent with the Open Space Element of the General Plan. By conducting a noise study and designing the project to comply with the City’s noise policy for new residential development, the project is consistent with the Noise Element of the General Plan. B. POINSETI’IA SHORES MASTER PLAN - MP 175(D) The proposal for Area “B-l” is in conformance with the governing master plan. The master plan allows 161 units of the clustered single family/courtyard product type (158 units are proposed). The master plan provides certain development standards and design criteria which are complied with and summarized as follows: (1) an 80 foot structural setback is maintained between the homes of Area “B-l” and the mobile home property line boundary to the north. Improvements within this buffer area are consistent with the Master Plan (underground utilities, parking, landscaping and a private trail segment); (2) the Lakeshore Gardens mobile home park has been consulted and approves of the proposed landscaping in the 80 foot buffer; (3) an average setback of 25 feet for all homes within the planning area from Avenida Encinas is maintained; (4) the proposed clustered single family product type is consistent with the product type designated for Area “B-l” by the Master Plan; (5) no structures will exceed the 30 feet/two story height limit associated with this planning area; and, (6) the proposed trail improvements are consistent with Master Plan requirements. In addition, the Master Plan refers to the PD Ordinance (since a Condominium Permit is involved). Compliance with the PD Ordinance development standards is discussed in Section D.l of this report. Cl’ 94-08/CP 94-01 POINSETTJA SHORES PLANNING AREA “B-l” APRIL 5, 1995 PAGE 5 C. CARLSBAD MUNICIPAL CODE - TITLE 20 Since air space ownership and a condominium project is proposed, this project must comply with the Subdivision Map Act and the City’s Subdivision Ordinance (Title 20). As reviewed and conditioned by the Engineering Department, the proposed project meets all applicable requirements relating to condominium projects in the City. No serious public health problems will be created by the proposed project. All necessary public facilities and infrastructure improvements, including circulation, drainage, sewer, water and utilities have either already been provided through the master tentative map (Cl” 94-01) or are conditions of approval for this project. D. CARLSBAD MUNICIPAL CODE - TITLE 21 D.l. Chanter 21.45. Planned Develonment In addition to the specific development standards established by the Poinsettia Shores Master Plan (as discussed above) the Planned Development (PD) Ordinance is designated as the implementing ordinance for Planning Area “B-l”. All of the required findings for the granting of a Condominium Permit (governed by the PD Ordinance) are contained in Planning Commission Resolution No. 3758 for CP 94-01. Below is an overview of the PD standards compared against the proposed project. PLANNED DEVELOPMENT ORDINANCE COMPLIANCE DENSlTY LOT SIZE REQUIRED/ALLOWED PROPOSED 4-8 DU/AC - 161 units 7.9 DU/AC - 158 units N/A; Master Plan allows air space Clustered single family product units w/exclusive use areas type w/exclusive use private areas FRONT YARD SETBACK I 10 feet from back of sidewalk off 10 feet from back of sidewalk off private streets I private streets BUILDING SEPARATION I 10 foot min. w/allowable 10 foot min. w/allowable up to 2 feet each unit protrusions up to 2 feet each unit BUILDING HEIGHT I 30 feet max/2 stories I 26 and 27 feet for three different plan types/2 stories max PRIVATE STREET WIDTH PARKING RESIDENT GUEST RV STORAGE 30 feet - no parking on street 36 foot internal private street 32 feet - parking on one side system with parking allowed on 36 feet - parking on both sides both sides for visitors 316 covered spaces 316 covered spaces (garages) 42 spaces 147 on-street spaces Provided for w/PA “E”-SDP 94-03 Provided for w/PA ‘E”-SDP 94-03 C cr 94-08/CP 94-01 POINSETTIA SHORES P LAIUNING AREA “B-l” APRIL 5,1995 PAGE6 - STORAGE SPACE RECREATION SPACE COMMON ACIWE PRIVATE PASSIVE Provided for w/PA ‘MN-SDP 94-03. Provided for w/PA ‘M”-SDP 94-03 PA ‘M” plus exclusive use private PA ‘M” plus 15 x 15 ft min (225 sq passive area with each unit ft) or 10 x 30 ft min (300 sq ft) for each unit per the Master Plan The project also is consistent with the design criteria outlined in the PD Ordinance. Findings relating to the project’s conformance to these design criteria are contained in Planning Commission Resolution No. 3758 for CP 94-01. In summary, the plan is comprehensive and innovative in that it accounts for the location, constraints (noise) and shape of the site. Adequate usable open space and recreation areas are provided. Buildings are well integrated and the provision for required parking areas and vehicular and pedestrian circulation is made. Being a part of an approved master plan, there will be no disruptive elements introduced into the community by the proposed project. The internal street system is functional while not dominating the site and all common areas are accessible to the future residents and well related to each other. Finally, architectural harmony will be obtained within the area through appropriate building height limitations, perimeter screening/buffering and proper planning of adjacent planning areas. D.2. Chanter 21.85, Inclusionarv Housing This project’s inclusionary affordable housing requirement is satisfied by the approval and development of Planning Area “D” within the Master Plan (CT 94-lO/CP 94-03/SDP 94-08) or the approval of an oflkite Affordable Housing Agreement. Either case will result in the provision of 90 affordable housing units, consistent with the Master Plan. A detailed summary of master plan affordable housing provisions is contained in the staff report for Area “D” (CT 94-10). While no units in the subject subdivision are required to be restricted as affordable housing units, the project will be conditioned so that no final map approval will be granted until the on-site project for Area “D” (CT 94-10) receives final map approval; or an off-site Affordable Housing Agreement is approved by the Planning Director and Community Development Director. D.3. Chanter 21.90. Growth Management The proposed project is located within Local Facilities Management Plan Zone 9 in the Southwest Quadrant of the City. Zone 9 has an approved Finance Plan which outlines the provision of facilities and services for the buildout of the master plan, including the allowable density of the proposed project. The impacts created by the development on CT 94-OWCP 94-01 POINSETTIA SHORES PLANNIN GAREA”B-1” APRIL 5, 1995 PAGE 7 public facilities and compliance with the adopted performance standards are summarized as follows: FACILITY CITY ADMINISTRATION IMPACT!3 COMPLIANCE 586 sauare feet Yes LIBRARY 313 square feet Yes WASTE WATER TREATMENT 158 EDUs Yes PARKS DRAINAGE N/A N/A Yes Yes CIRCULATION FIRE OPEN SPACE SCHOOLS SEWER COLLECI’ION SYSTEM WATER 1580 ADT Station No. 4 N/A CUSD 158 EDUs 34,760 GPD Yes Yes Yes Yes Yes Yes The project is 3 dwelling units below the Growth Management Dwelling Unit allowance, and 38 units above the Growth Management Control Point, for the property as permitted by the Poinsettia Shores Master Plan. This project can be approved above the growth control point since the quadrant cap for the southwest quadrant of the City will not be exceeded and facilities serving the density in excess of the growth control point will be provided. The proposed density, while exceeding the growth control point, is within the 4-8 du/ac range allowed by RM designation and the master plan. All required facilities and services will be available to serve the project and the anticipated buildout of the master plan. All required Growth Management findings are contained in Planning Commission Resolution No. 3757 for CP 94-08. E. WEST BATIQUlTOS LCP The approval of the Poinsettia Shores Master Plan in January 1994 included a Local Coastal Program (LCP) Amendment (LCPA 91-02) for the West Batiquitos LCP which was approved by the California Coastal Commission on May 12, 1994. Coastal Commission’s certification of LCPA 91-02 established the Poinsettia Shores Master Plan as the implementing ordinance/document for the West Batiquitos LCP. All development consistent with the master plan, such as the proposal for this planning area, is therefore in conformance with the West Batiquitos LCP and all applicable coastal regulations. A Coastal Development Permit issued by the California Coastal Commission will be required prior to final map approval. - Cl- 94-08/CP 94-01 POINSETTIA SHORES P LANNING AREA “B-l” APRIL 5,1995 PAGE 8 Iv. ENVIRONMENTAL REVIEW As discussed in the Initial Study for this project (Environmental Impact Assessment Form, Part II), all potential environmental impacts associated with the development of this planning area have already been identified and mitigated to a level of insignificance. Environmental analysis and documentation for the master plan and subsequent planning areas was conducted for the Poinsettia Shores Master Plan (MP 175(D)) and the master tentative map (CT 94-01) resulting in the issuance and approval of Mitigated Negative Declarations. Since all applicable mitigation measures have either been completed (i.e. archeological and paleontological monitoring during the mass grading) or designed into the project (i.e. noise attenuation and noise policy compliance), no environmental impacts will result from the proposed development of this planning area. Therefore, a Notice of Prior Compliance was issued and duly noticed on March 2, 1995. V. SUMMARY AND RECOMMENDATION The proposed project is in compliance with the Carlsbad General Plan, Poinsettia Shores Master Plan, West Batiquitos LCP, Zone 9 Finance Plan and Local Facilities Management Plan documents and Carlsbad Municipal Code, Titles 20 and 21 as described in this report. Therefore, staff recommends approval of CT 94-04 and PUD 94-03, based on the findings and subject to the conditions contained within their respective resolutions. ATTACHMENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Planning Commission Resolution No. 3757 Planning Commission Resolution No. 3758 Location Map Environmental Impact Assessment Form, Part II dated February 22, 1995 Notice of Prior Compliance dated March 2, 1995 Background Data Sheet Disclosure Form Local Facilities Impact Assessment Form Attachment “x”, dated April 5, 1995 (excerpt of Exhibit 37 from Master Plan) Reduced Exhibits “A” - “0” Exhibits ‘A” - “O”, dated April 5, 1995. \ u BATIQUITOS LAGOON I \ \ POINSETTIA SHORES FA. B-l--CT 94-08/CP 94-01 LOCATION MAP ENVIRON$fENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CT 94-081CP 94-01 and CP 9442 DATE: Februarv 22. 1995 BACKGROUND 1. CASE NAME: Poinsettia Shores - Plannine Areas B-l and B-2 2. APPLICANT: Kaiza Poinsettia Coruoration 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 7220 Avenida En&as. Suite 200 Carlsbad. CA 92009 4. DATE EIA FORM PART I SUBMITTED: Amil25. 1994 5. PROJECT DESCRIPTION: Two planning areas within the Poinsettia Shores Master Plan: (1) Area “B-l u involves a Tentative Tract Man (to subdivide into air snace ownershin units) and a Condominium Permit pursuant to the Citv’s Planned Develonment Ordinance and consists of 158 clustered single family units on 20.1 acres. and (2) Area “B-2” involves a Condominium Permit uursuant to the Citv’s Planned Develonment Ordinance and consists of 16 clustered single familv units on 2.4 acres. Both nlannine areas are consistent with the Poinsettia Shores Master Plan. SUMMARY OF ENVIRONMENTAL FAmORS 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 Sign&ant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. - Land Use and Planning X Transportation/Circulation - Public Services - Population and Housing - Biological Resources - Utilities and Service Systems - Geological Problems - Energy and Mineral Resources - Aesthetics - Water -- - Cultural Resources X Air Quality x Noise - Recreation - Mandatory Findings of Significance 1 23 Rev. 1/3ops -. DETERMINATION. (To be completed by the t(ed Agency). On the basis of this it&I evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this ~8s~ because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. i find that the proposed projeci MAY have sign&ant effect(s) on the environment, but at least one effect 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, if the effect is a “potentially significant impact” or “potentially significant unless mitigated.” An ENVIRONMENTAL IMPACT REPGRT/MlTIGATED NEGATIVE DECLARATION is required, but it mustanalyzeonlytheeffectsthatremaintobcaddrcwd. u cl cl cl I find that although the proposed project could have a s&n&ant 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 EIR / MITIGATED NEGATIVE DECLARATION purwant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR / MITIGATED NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the propod project. Therefore, a Notice of Prior Compliance has been prepared. a E-L ‘M b&T Planner Signature - \ \ ba*ffi Planning Director S$natureJ $2 . . .- -4 ,- , ENVIRONMENTAL IMPACI’S STATE CEQA GUIDELINES, ChaPter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a Project may have a significant effect on the environment. The Environmental Impact A ssessment appears in the following Pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be imPacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental ImPact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the Parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the imPact simply does not apply to projects like the one involved. A “No ImPact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the Potential impact is not adversely significant, and the impact does not exceed adoPted general standards and Policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “potentially Significant Impact” to a “Less Than Significant ImPact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “potentially Significant ImPact” is appropriate if there is substantial evidence that an effect is significant. Based on an WA-Fart II”, if a proposad Project could have a Potentially significant effect on the environment, but a Potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration Pursuant to applicable standards, (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures thatare imposed upon the proposed Project, and (c) none of the circumstances requiring a supplement to or supplemental EIR are present and all of the mitigation measures required by the prior environmental document have been required or incorporated into this project, then no additional environmental document is required (prior Compliance). A Negative Declaration may be pmpared if the City Perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. If there are one or more Potentially significant effects, the City may avoid PmParing an EIR if there are mitigation measures to clearly reduce @acts to less than significant, and those mitigation measures are agreed to by the developer Prior to Public review. In this case, the appropriate “potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be Prepared* 3 Rcv.1/3ops + . When “Potentially Sign&ant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier ER pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. . An EIR mu@ be prepamd if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than’significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or, (4) through the E&Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. h ls5ue3 (and supming lnfamaw k3ounxs): I. LAND USE AND PLANNING. Would the proposal: a) W cl 4 e> -fly signifii FUCIltilll~ Ullleg LeaTIm Signifii Mitigation Significant mJ=t Incorparatal hpcrct l&t Conflict with general plan designation or zoning? (Source #l) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (Source #s: 1,3) Be incompatible with existing land use in the vicinity? (Source #l) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (Source #‘s: 1,2) Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? (Source t 1) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (Source %l) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infmstmcture)? (Source #l) c) Displace existing housing, especially affordable housing? (Source %l) J!L x x x JL - hala md suppat@ lnfcmn#icm sames): III. GEOLOGIC PROBLEMS. Would the a) W d) 4 0 g) h) 0 proposal result in or expose people to potential impacts involving: Fault rupture? (Source #‘s: 2,4) Seismic ground shaking? (Source Ws: 2,4) Seismic ground failure, including liquefaction? (Source Ws: 2,4) Seiche, tsunami, or volcanic hazard? (Source Ws: 2,4) Landslides or mudflows? (Source Iys: 2,4) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (Source Iys: 2,4) Subsidence of the land? (Source #‘s: 2,4) Expansive soils? (Source #‘s: 2,4) Unique geologic or physical fw? (Source #‘s: 2,4) IV. WATER. Would the proposal result in: a) W Changes in absorption raw drainage patterns, or the rate and amount of surf& runofV (Source ws: 23) Exposure of people or propew to water related hazards such as flooding? (Source Ws: 2J) -w siii RJtClltidly Unless Leunmn siinifii Mi*tioa Significant Impect IIicapmtsd Impact llgct x x KL x x JL x , - d Discharge into surf& waters or other alteration of surf&e water quality (e.g. temperature, dissolved oxygen or turbidity)? (Source Ws: 25) 4 . 4 Changes in the amount of surf&e water in any water body? (Source #I%: 23) Changes in currents, or the course or direction of water movements? (Source #2) fl Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (Source #2) g) Altered direction or rate of flow of groundwater? (Source #2) h) Impacts to groundwater quality? (Source XI) 0 Substantial reduction in the amount of groundwater otherwise available for public water supplies? (Source X2) V. AIR QUALITY. Would the proposal: a) Violate any air quality star&d or contribute to an existing or projected air quality violation? (Source Ws: 1,2,8) b) Expose sensitive receptors to pollutants? (Source Is: 12) c) Alter air movement, mokture or tempemture, or cause any change in c&&e? (Source Ws: 12) d) Create objectionable odors? (Source Ws: 1,2) b-Y SigllifhDt m=t Pbklltilily sinifii Unlesr LesThlll Mitigation Sipificant Inaxpxated Impact b&t x - x 1L x x x x x x x x 7 .- Issues (and !zuppming Iafamaim LTawces): VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) b) d 4 d fl g) FUtCIltidl~ E=J!!f Lullma Sigdii . . sigilificmt Jw=t ,“““, lmpwt gzct Increased vehicle trips or traffic congestion? (Source ws: 1,6,8) JL Hazards to safety from design features (e.g. sharp cums or dangerous intersections) or incompatible uses (e.g. f&n equipment)? (Source 44%: 12) Inadequate emergency access or access to nearby uses? (Source Ws: 1,2) Insufkient parking capacity on-site or off-site? (Source #s: 12) Hazards or barriers for pedestrians or bicyclists? (Source iys: 1,2) Conflicts with adopted policies supporting altemative transportation (e.g. bus turnouts, bicycle racks)? (Source #s: 1,2) Rail, waterborne or air traf% impacts? (source ws: 12) VII. BIOLOGICAL RESOURCES. Would the pmposal result in impacts to: a) Endangered, threatened or rare‘species or their habitats (including but not limited to plants, fish, insects, animalq and birds? (Source Ws: 122) b) My designated species (e.g. heritage trees)? (Source #s: 12) x x JL x x 8 Rev. lpcy95 4’ , l!sllr (and sqpcrtiIlg lllfmtim sour#s): c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (Source #‘s: 123) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? (Source #s: lJ,3) e) Wildlife dispersal or migration corridors? (Source #‘s: 1,2,3) VIII. ENERGY AND MINERAL RESOURCES. a) W cl Would the proposal: Conflict with adopted energy conservation plans? (Source ws: 12) Use non-renewable resources in a wasteful and inefficient manner? (Source Ws: 12) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (Source ws: 12) IX. HAZARDS. Would the proposal involve: a) b) 4 4 A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation? (Source Ws: 122) Possible intexfemce with an emergency response plan or emergency evacuation plan? (Source KS: 12) The creation of any health hazard or potential health hazard? (Source Ws: 1,2) Exposure of people to existing sources of uotential health hazards? (Source Ws: 122) POWidly Sigdfii Impct 9 POtfddly Signirrpnt Unleg Mi~tiofl Incarporad I.esTkl Significant Impct llgct x x x x x x x - issue (and supporting lrlfam8tial2Axuc4s): e) Increase fire hazard in areas with flammable brush, grass, or trees? (Source Ws: 1,2) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (Source Ws: 12) b) Exposure of people to severe noise levels? (Source iys: 1,7) XI. PUBLIC SERVICES. Would the proposal have an Potentially SigllifihUlt PWltidly U&Y88 LessThul siinifhnt hwigation Siguifiamt w=t lllaxpmted lmpct hgct x a) b) d 4 d effect upon, or result in a need for new or altered government services in any of the following areas: Fire protection? (Source Ws: 1,9) Police protection? (Source Ws: 1,9) Schools? (Source #s: 1,9) Maintenance of public facilities, including roads? (source ws: 1,9) Other governmental services? (Source #V’s: 1,9) XII. UTILITIES AND SERVICE!3 SYSTEMS. Would the proposal result in a need for new systems or supplies, or substmtkl alterations to the following utilities: a) Power or natural gas? (Source #s: 1,9) b) Communications systems? (Source %l) 2?L x x x x x x 10 Rev. l/30/95 JJ lsales (ad suppating Mxnlatia soutccs): c) Local or regional water treatment or distribution facilities? (Source #‘s: 1,9) d) Sewer or septic tanks? (Source Iys: 1,9) e) Stotm water drainage? (Source #s: 1.9) f) Solid waste disposal? (Source Ws: 1,9) g) Local or regional water supplies? (Source Ws: 1,9) XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? (Source #l) b) Have a demonstrable negative aesthetic effect? (Source %l) c) Create light or glare? (Source tl) XIV. CULTURAL RESOURCES. Would the proposal: a) b) 4 4 d Disturb paleontological resources? (Source #I’s: 12) Disturb archaeological resources? (Source Ws: 12) Affect historical rt?aurces? (source #s: 12) Have the potentd to cause a physical change which would tiect unique ethnic cultural values? (Source #s: 12) Restrict existing religious or sacred uses within the potential impact area? (Source Ws: 12) POtddiy Siillifii m=t PCWUidly Sigllifii Unlas rbuigatian Inmpar-d Lx!ssTllall Significant Impct lo&t x x JL x 11 x x x x JL x x 11 kales (ad swing lnf- sxucesl: POtdally Sigtii POWtidy Udeps LesTban SigIlifii wig&xl Signifiant m=t lamparad m=t lgct XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (Source w b) Affect existing recreational opportunities? (Source #l) XVL MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fsh or wild life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) 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 viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) c) Does the project have envhonmentaI effects which will cause subsbmtkl adverse effects on human beings, either directly or Mrectly? x’ x x x 2L 12 XVII. EARLIER ANALYSES. Earlier analyses may be used where, p ursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration per Section 15063(c)(3)@) of the CEQA Guidelines. 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. Ail pertinent earlier analyses have been identified at the beghing of the Discussion of Environmental Evaluation. The Source Documents identified have been cited as appropriate in the checklist and euviroumental discussion. 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. 1. Air Oualitv and Circulation Imnacts: Statements of Overriding Consideration made with the City’s General Plan Master EIR (Source Document #8). 2. Archeological and Paleontolokal Imnacts: Mass grading monitoring required by Source Documents Wl and 2. 3. Noise Irnnacts: Noise study (Source #7) was required by Source Document #l. 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. Mitigation measures specific to this project include: (1) Archeological and paleontological monitoring which was carried out during the mass grading of the site in accordance with the approval of CT 94-01, and (2) noise mitigation designed into the project pursuant to a site specific noise analysis conducted for the proposed proj=t. 13 Rev. 1pops kb DISCUSSION OF ENVIRONMENTAL EVALUATION SOURCE DOCUMENTS CITED (All source documents are on file in the Planning Department located at 2075 Las Palmas Drive, Carl&ad, CA 92009; (619) 438-1161) 1. Poinsettia Shores Master Plan Mitigated Negative Declaration and corresponding Environmental Impact Assessment Form Part II dated July 26, 1993. 2. Poinsettia Shores Master Tentative Map Mitigated Negative Declaration and corresponding Environmental Impact Assessment Form Part II dated April 1, 1994. 3. 4. West Batiquitos LCP certified by the Coastal Commission May 12, 1994 Geotechnical Investigation for the Proposed Batiquitos Lagoon Educational Park by Woodward-Clyde Consultants dated June 4, 1986. 5. 6. 7. Hydrology Study prepared by O’Day Consultants dated April 30, 1993. Transportation Analysis for Poinsettia Shores by Urban Systems Associates dated May 17, 1993. Noise Analysis for Poinsettia Shores Planning Area B-l by Mestre Greve Associates dated July 19, 1994. Noise Analysis for Poinsettia Shores Planning Area B-2 by Mestre Greve Associates dated June 29, 1994. 8. City of Carl&ad General Plan Final Master EIR 93-01 approved by City Council Resolution No. 94-246. 9. Zone 9 LocaI Facilities Management Plan (LFMP) documents including amendment LFMP 87-09(A) (approved January 4, 1994) and the Zone 9 Finance Plan (approved September 6, 1994) PROJECT BACKGROUND/OVERVIEW OF EXISTING ENVIRONMENTAL REVIEW Planning Areas B-l and B-2 are proposed in full compliance with all applicable provisions of the Poinsettia Shores Master Plan. The proposed densities are within the limits established by the master plan which designated these planning areas with Residential-Medium (RM) General Plan designations. Area B-l proposes 158 clustered single family units (161 allowed) and Area B-2 proposes 16 clustered single family units (16 allowed). The clustered single family product is a specific product type allowed by the master plan that features a 24 fad wide driveway to serve four detached single family units. All applicable development standards and design criteria are complied with. Areas B-l and B-2 are within the Poinsettia Shores Master Plan as shown on the attached Location Map. The Poinsettia Shores Master Plan (MP 175-D) was approved in January 1994 and incorporated a Mitigated Negative Declaration (SourCe Document #l) which was intended to identify environmental impacts and related mitigation measures to allow the buildout of the residential portion of the master plan. As a result, the master plan contains enviromental mitigation measures on a planning area by planning area basis. The subject planning areas have either completed applicable mitigation measures 6r incorporated them into their project design. Subsequent to the master plan approval, the Poiiia Shores Master Tentative Map (CT 9441) was approved in August 1994 and incorporated another Mitigated Negative Declaration (Source Document #2) to allow mass grading of the master plan property, construction of the Avenida Encinas roadway, and construction of drainage improvements on the west side of the master plan site. The subject planning area sites are already mass graded from the approval 14 Rev. 1/3cy!a Q of CT 94-01. All necessary infrastructure to serve the buildout of the residential planning areas has either already been constructed or are financially secured to guarantee their construction concurrent with need. Section 2 1080.7 of CEQA and Section 15183 of the CEQA Guidelines allows a residential project, developed consistent with applicable General Plan designations, to be determined in prior compliance with existing environmental review if an EIR has been certified for the subject General Plan. Such is the case with the City’s General Plan Update Final Master EIR 93-01 (Source Document #8) certified in September 1994. This document is referenced in addressing the Air Quality and Circulation impacts associated with master plan buildout. ENVIRONMENTAL IMPACT DISCUSSION (The brief discussions below are intended to summa&e and/or supplement the evidence contained in the pertinent Source Documents as noted on the checklist). 1. LandUseandPlanning a)-c), e): The proposed planning areas implement the governing Poinsettia Shores Master Plan in conformance with all master plan standards and guidelines, the Residential-Medium (RM) General Plan designation and the coastal regulations of the West Batiquitos Lagoon Local Coastal Program (LCP). d): All agricultural conversion fees required for the mass grading of the master plan site associated with the approval of CT 94-01 have been paid or secured to the City’s satisfaction. Mass grading of the site is near completion at this time. 2. Population and Housing a)c): Local population projections and limits will not be exceeded by the buildout of the Poinsettia Shores Master Plan including the development of the subject planning areas. Development of the Avenida Encinas roadway and related infrastructure associated with CT 94-01 will induce the buildout of the master plan in accordance with the General Plan and zoning regulations including Growth Management compliance. 3. Geologic Problems a)-i): The sites for Planning Areas B-l and B-2 have recently been mass graded per the approval CT 94-01. Refined finish grading is required for the construction of building pads and internal roadways. B-l requires approximately 21,300 cubic yards (cy) of cut, 17,000 cy of fill and 4,300 cy yards of export. B-2 requires approximately 1,900 cy of cut, 1,100 cy of Bll and 800 cy yards of export. Standard grading permit procedures will apply. No seismic, geologic of surface substrate hazards are associated with the master plan site including the subject planning area sites. 4. Water a)-i): The development of streets and residential units will increase the amount of impervious areas and change existing absorption rates, however, all proposed drainage for buildout of the master plans residential planning areas meets City and Engineering Department standards. Major drainage infrastructure has been provided by approval of CT 9441. No flood hazards will be created by the development of the subject planning areas. No adverse impacts to the Batiquitos Lagoon system will be created by the buildout of the master plan including the subject planning areas. National Pollutant Discharge Elimination System (NPDES) standards are required to reduce urban pollutant quantities in drainage runoff. No impacts to any groundwater resources will be created by buildout of the master plan. 15 Rev. wps 4% 5. Air Quality a): Since the proposed planning areas are residential projects per Section 21080.7 of CEQA and Section 15183 of the CEQA Guidelines, the buildout of the master plan including the development of the subject planning areas was included in the updated 1994 General Plan Final Master EIR 93-01 and will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or rninimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Fii Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Gf Overriding Considerations” for air quality impacts. This “Statement Gf Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Fii Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. b)d): Development of the subject planning areas will not expose sensitive receptor to known signiticantly adverse pollutants or significantly change any air characteristics including moisture, temperature or odor. 6. Transportation/Circulation a): Since the proposed planning areas are residential projects per Section 21080.7 of CEQA and Section 15183 of the CEQA Guidelines, the buildout of the master plan including the development of the subject planning areas was included in the updated 1994 General Plan and will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carl&ad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. 16 To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Pii Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. b)-g): All streets will meet City standards, facilitate emergency vehicle access into the subject planning areas, create no conflicts between pedestrians and bicyclists and will not interfere with railroad activities. Various master plan components incorporate bicycle racks, provisions for buses and mass transit and pedestrian trails and linkages which will benefit the residents of the subject planning areas. l 7. Biological Resources a)-e): No biological resources or sensitive habitat are associated with the subject planning area sites. All open space requirements of the master plan have been secured to allow buildout of the master plan. The Batiquitos Lagoon and associated wetlands and sensitive bluffs will not be impacted by the development of Areas B-l and B-2. 8. Energy and Mineral Resources a)c): Non-renewable resources, energy and mineral resources will not be affected by the development of the subject planning areas. 9. Hazards a)-e): No hazards will be associated with the construction and development of the subject residential planning areas. Emergency vehicle access is provided to adequately serve Areas B-l and B-2. Phunmable hazards or explosion potential will not created by the project. 10. Noise a): The development of residential dwelling units will not significantly increase existing noise levels. b): As required by previous environmental revievir and corresponding mitigation measures, Areas B-l and B-2 have been designed p ursuant to the recommendations of site specific noise studies so that compliance with the City4 Noise policy and element of the General Plan will be maintained and no significant noise impacts will result. 17 Rev.1/30/95 $0 11. Public Services a)+: Both subject planning areas comply with the Poinsettia Shores Master Plan and the’requkments and standards of the Zone 9 Local Facilities Management Plan and related documents. Therefore, all necessary public facilities and services will be adequately provided to serve the buildout of the master plan including Areas B-l and B-2. 12. Utilities and Services Systems a)-g): Provisions for adequate utilities, water treatment, sewage, storm water drainage and water supplies have been secured and/or accounted for via the mfmstructure associated with CT 94-01 and compliance with the Zone 9 LFMP. Coast Waste Management has reviewed the subject planning areas and have indicated that adequate solid waste disposal service can be provided. 13. Aesthetics a)-c): No scenic vista or highway considerations are pertinent to the subject planning areas. No aesthetic impacts will result from development of Areas B-l and B-2. 14. Cultural Resources a)+: No cultural resources of any kind are associated with the subject planning area sites. All required archeological and paleontological monitoring that was required during the mass grading process has been satisfactorily completed. No historic or significant ethnic cultural or religious resources will be impacted by the development of Areas B-l and B-2. 15. Recreation a)-b): No recreational facilities currently exist on or near the subject planning areas. Passive recreation areas are provided throughout the site designs of Areas B-l and B-2 usually near the interface with the master plan’s trail system. Another planning area in the master plan (Area M) is designated and designed as a multiple use active and passive recreation center intended for the use of master plan residents, including those of Areas B-l and B-2. No impacts to recreational resources or opportunities will result from the development of the subject planning areas. 18 Rev. wm 42 A LIST MITIGATMG MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE1 APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Sqpature 19 Rev. 1/30/9s 9 , POINSETTIA SHORES F?A. B-I-CT 94008/CP 94-01 \ \ \ B-1 BATIQUITOS LAGOON POINSETTIA SHORES l?A. B-2--CP 94-02 PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMFLLWCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: POINSETTIA SHORES - PLANNING AREA’S “B-l” AND “B-2” Project Location: Poinsettia Shores Master Plan, north of Batiquitos Lagoon and east of the railroad right-of-way. Project Description: “B-1” consists of 158 clustered single family units on 20.1 acres and “B-2” consists of 16 clustered single family units on 2.4 acres. Both planning areas are consistent with the Poinsettia Shores Master Plan. Justification for this determination is on file in the Planning Department, Community Development, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (1.0) days of date of publication. DATED: MARCH 2,1995 CASE NO: CT 94-08KP 94-01 - PA “B-l” CP 94-02 - PA “B-2” Planning Director APPLICANT: POINSETTIA SHORES PLANNING AREAS “B-1” AND “B-2” PUBLISH DATE: MARCH 2, 1995 - 2075 Las Palmas Drive - Carlsbad. California 92009-l 576 - (6 19) 436-l 161 . BACKGROUND DATA SHEEl CASE NO: CT 94-o&P 94-01 CASE NAME: Poinsettia Shores Planning Area B-l APPLICANT: Kaiza Poinsettia Cornoration REQUEST AND LOCATION: One hundred fiftveight (158) clustered single familv homes within Planning Area B-l consistent with the Poinsettia Shores Master Plan. LEGAL DESCRIPTION: Lot 5 of Carlsbad Tract 94-01. in the Citv of Carlsbad. Countv of San Diego according to MaD No. 13 18 1 filed in the office of the San Diego Recorder on Januarv 26, 1995. APN: 216-140-32. 33 Acres: 20.1 (Assessor’s Parcel Number) Proposed No. of Lots/Units 158 units GENERAL PLAN AND ZONING Land Use Designation Residential Medium (RM) Density Allowed 4-8 du/ac Density Proposed 7.9 du/ac Existing Zone PC Proposed Zone PC Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Zoning Land Use Site PC North RMHP south PC PC West PCandTC Vacant (PA B-l) Lakeshore Gardens Mobilehome Park Avenida Encinas PA’s A-l and M PA D and Railroad-right-of-way PUBLIC FACILITIES School District Carl&ad Water District Carlsbad Equivalent Dwelling Units (Sewer Capacity) 158 Public Facilities Fee Agreement, &ted December 9. 1994 Sewer District Carlsbad ENVIRONMENTAL IMPACT ASSESSMENT - Negative Declaration, issued - Certified Environmental Impact Report, dated Other, Notice of Prior Comnliance issued March 2. 1995 DECLOSUEE ‘3AmEiH-T APWSWS STATEMENT CF DISCLOSURE OF CEWAW OWNEXSW IHT~E~ ON AU APPLUTlCNS WHICH WIT EauIF;E OISCPET;CNARY AmON CN %E ?Am u WE cf?f au?dC% OR ANY APPQW 80ARO. CQMMISSION OR COMM~L (Please Pm) The Mlcwing information must be disc!osed: 7 . . Apolicant ..- -- kst the names and addresses of all persons having a financial interest in the application. Kaiza Poinsettia Co-ration 7220 Avenida Encinas Suite LOO Urlswa, cA Y~uuy 2. - Owner List the names and addresses of all persons having any ownership interest in the prcpeq involved. Kaiza Poinsettia Co-ration 1220 Avenida Encinas buxe 100 MlsDaa, CA YLOJY 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names anC addresses of all individuals owning more than 10% of the shares in the corporation or owning any parmersC:s interest in the partnership. SaCa California, Inc. 7220 Awnida 91cinas Suit5 200 4. If any person identified pursuant to (1) or (2) above is a nonprofit organizatian or a trust. list the names ant addresses of any person serving as officer or director of the non-prafrt organization or as trustee or benefiC;aV of Ihe trust. . FFLMoo013 am 2075 Las Palmas Orwe l Cartaoad. Cahfornta 92009-459 * (6 19) 438-l 16 1 DisclosurO Statsmwt :Cver) Page 2 5. Have you had mcfe than $250 woflh of business transacted with any member of City staff. 3car:z CornmIssIons, Committees and Council within the past twelve months? Yes - No - If yes, please indicate person(s) %non IS dofinod u: ‘Any mdwduU. firm. eoputnorsR~p. ~o~ntvw?t~~rr. Woel*On. SOCIJ club. hatomd organuab~n. corporr:~on. l at~to. :r’,st. WCOIVO~. ryndtcato. thr MO any otfw county, cfty and couny. cq muntswMy, dWnct W otkw pormcal wbdivwon. w any ofnor 3’0~0 v I comomt10n rcrmg u 8 mn’ I (NOE: Attach additional pages as t%%sSq.) A\& &a Signture ot Owner/date ’ tiw +% ‘.’ 2\* Print or type name of owner Signature d applicantldpo PfintWtypOMITWdcgpliWlt . . CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Poinsettia Shores Planning Area B-l - CT 94-08/CP 9441 LOCAL FACILITY MANAGEMENT ZONE:~ GENERAL PLAN: RM ZONING: PC - Poinsettia Shores Master Plan DEVELOPER’S NAME: Kaiza Poinsettia Cornoration ADDRESS: 7220 Avenida Encinas. Suite 200. Carlsbad. CA 92009 PHONE NO.: (619) 931-9100 ASSESSOR’S PARCEL NO.: 216-140-32. 33 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FI., DU): 20.1 acres ESTIMATED COMPLETION DATE: . B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = 586 Library: Demand in Square Footage - 313 Wastewater Treatment Capacity (Calculate with J. Sewer) N/A Park Demand in Acreage = N/A Drainage: Demand in CFS = -!!?f!L Identify Drainage Basin = B (Identify master plan facilities on site plan) Circulation: Demand in ADTs = (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = Open Space: Acreage Provided - Schools: 1.580 4 N/A N/A (Demands to be determined by staff) Sewer: Demand in EDUs - Identify Sub Basin -. 158 N/A (Identify trunk line(s) impacted on site plan) Water: Demand in GPD - 34.760 The project is 3 units below the Growth Management Dwelling unit allowance. . mw “X” APRk5,199f SAL = 2.4 .- Z-E. 0.Z” - ,,wa -s- :: ~“~C ne2 > ‘Oa ‘<i& .%s= +,,u ta” t 2 e Eo a*= ‘I)& ‘oh0 2 L., &‘-a& aa = i-s:: 0 5 L f 1 *% . ./I P a ‘.\~i.. *. .I . , ‘:j (i II ‘I * gml % I Ill 5 1 i 1 ..-L. II i: 1: ! I I; , I 1 iHi jj;i ,p / i ; ; 1 4: I (1 1 , i 3; 1 I ’ I!‘... ,, I i I !g; 1 1 ! / I ;‘/ \ !/ i ; :, i i\ 1 /a : 1 fTlf !’ j !DSl ,;, d % 8% s II __ I, 1: II ad n 00 I I 3 $2 w eti VL; P ? : .-. 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I \. 1 1 , - ---_ 1:eg / .Ki,8; i.’ \ \L z mei I’! ‘IN4 L - ’ k: ‘, ‘\ v - 7cn wo B -\ \ \ 1 \ \ -. \ \ \’ KI?v \ \ \ \ -t; \ \ \ \ 0 .\ \ l-3 \ \ e( 5 \ \ \ \ \J \ \ \ \ \ \ I \ \ .‘t. \ \ \ -/ // 4’ WI-I \ I I . \ l-------- l : J I- . I i; 1 i 2.: P f i ; i .z .z J iI t3 ; I iii ---------, _ _--. L a-.. ’ - :- !.L!-gz-I I \ . .-L-. 1. : ‘-L--- _ 1 --ye;, ,c: :~ ,.., - -_._ .- _*d ,_ _. . . I.’ .:; ,. r,--j L . . I_’ . : ‘2 m .; C-J co :’ PLANNING COMMISSION April 5, 1995 another year and described what had been done with the trailer. He mentioned tha ncreased after the trailer was placed on the site and that it was ni nd served a good function, staff was recommending approval of P lsen wanted to know how many lots were still availabl ximately 25% of the lots were sold and the appli more specific inf Chairman Welshons in e applicant to speak. Pam Whitcomb, 2011 Palom ort Road, Carlsbad, on behalf of the applicant. She stated that there was a s the trailer was placed on the site. She added that approxim and that there were a total of 70 lots. Commissioner Savary inquired as to wh trailer on site, and Ms. Whitcomb repli difference. ’ rmation center was not as effective as a people on the site made a great There being no other persons to address the on on this topic, Chairman imony closed and ope item for discussion among the Commission memb re were no further discussio contained therein. Chairman Welshons, Commissioners Compas, Noble, Monroy, Nielsen and Erwin 2. CT 94-08lCP 94-01 - POINSETTIA SHORES PLANNING ARFA “B-l a - A request for approval of a Tentative Tract Map and Condominium Permit for 158 clustered single family homes within the 20.1 acre P-C (Planned Community) zoned parcel of Planning Area “B-1” in the Poinsettia Shores Master Plan located north of the Batiquitos Lagoon and east of the railroad right of way, in the Coastal Zone, within Local Facilities Management Zone 9. Eric Mui7oz, Associate Planner, gave the staff presentation on this Item. He described the site location and summarized the main elements of the project which included the tentative map and condominium permit, the proposal of 158 units, guest parking requirements being exceeded, noise policy compliance, provision of trail segments, and innovative product type as allowed by the Master Plan. He discussed the primary elements of the B-l/B-2 Architectural Product Type. ‘7 \D MlNl JTES PLANNING COMMISSION April 5, 1995 Page 3 Commissioner Erwin stated that the project exceeded the Growth Management Control Point by 38 units and indicated that traditionally and historically, projects have not exceeded the Growth Management Control Point unless the project was doing something very special. Mr. Mufioz told the Commission that the project was in compliance with the Master Plan and that it was under the maximum amount of dwelling units allowed. Gary Wayne, Assistant Planning Director, concurred with Mr. Mufioz in that there was nothing extraordinary or extra special with the project. He explained that the original Master Plan allowed for a certain amount of units with an educational park and dedication of huge amounts of open space. He further explained that what had occurred would result in taking the remaining allowed number of units and fitting them into the planning areas. He mentioned that this was not a growth management issue and that the Master Plan complied with growth management. Commissioner Monroy referred to Resolution #3757, page 9 regarding affordable housing and stated that the Commission had voted on affordable housing in Planning Area D. He mentioned that he was concerned how this was written since he did not feel the Ordinance was clear and wanted to know whether an amendment would be required. Rich Rudolf, Assistant City Attorney, clarified that Commissioner Monroy was correct. He stated that the critical language in the condition was that prior to the approval of the final map, the developer had to provide 90 dwelling units, either in Planning Area D of the Master Plan or in an offsite location to the satisfaction of the Community Development Director in accordance with the requirements and process set forth in Chapter 21.85. He said that staff informs him the Master Plan was adopted after the Ordinance became effective, requiring the Master Plan to include an lnclusionary Housing Plan that showed the number of required inclusionary units, the designated sites for the location of the inclusionary units and a phasing schedule for the production of those units. Mr. Rudolf further stated that an amendment could be made to the Master Plan, and explained the procedure, depending on whether it was a minor or major amendment. Commissioner Monroy mentioned that if that was the case, the applicant could come back with whatever he wanted to put in Area D. Commissioner Savary brought up the subject of exceeding dwelling unit numbers and referred to condition #14, Resolution No. 3757, last sentence. She wanted to know how it would affect future builders in the area, and the Southwest Quadrant. Mr. MufIoz repkd that the Master Plan &as reviewed and approved by the City Council. He indicated that the approved amount of dwelling units does not exceed the allowable number of units on a Master Plan level. He added that pre-assessed amounts could be taken and transferred to this project and mentioned that it would not impact future developers of the Southwest Quadrant. He stated that the Sammis Plan set the limit on dwelling units on the Poinsettia Master Plan. PLANNING COMMISSION April 5, 1995 Page 4 Commissioner Savary asked how it would affect future development in the quadrant, and Chairman Welshons asked if it would transfer the numbers approved in the Sammis Plan, thereby not increasing the numbers. Mr. MuRoz responded that she was correct. He mentioned that some plans would exceed the Growth Management Control Point and others would be under the Growth Management Control Point. Commissioner Erwin referred to the minutes of October 20, 1993 where he asked staff about the setbacks and questioned the 5’ setbacks. Mr. Wayne indicated that the Master Plan provided the dimension diagrams and that there was a possibility of a misunderstanding from the minutes. RECESS The Planning Commission recessed at 6:30 p.m. and reconvened at 6:33 p.m. Mr. Mufioz clarified the issue raised by Commissioner Erwin and stated that the confusion was due to terminology used. He explained that the setback requirement in question did not apply to setback off the courtyard, but rather was referenced against the private street. Chairman Welshons opened the public testimony and invited the applicant to speak. Doug Avis, 2300 Alga Road, Carlsbad, discussed two issues that surfaced during the last few days. He referred to the issue of exceeding the Growth Management Control Point and described the history of the property. He explained that the Master Plan’s dwelling units had been traded down, and based upon a marketing decision, some of the units were traded out to different planning areas. He further indicated that the property was approved under one Master Plan but was now being processed in planning area pieces. He emphasized that they were not taking any additional units from other builders in the Southwest Quadrant. Mr. Avis also referred to the requirement of a Master Plan amendment and said that interpretation would have to be worked out. He discussed the preference by the public for single family homes rather than town homes or condominiums and admitted that this project belonged closer to a transportation center. He mentioned that they worked closely with staff, and asked that he be allowed to respond to any issues brought up during the meeting by the public. Commissioner Compas asked for an update on Area 0, and Mr. Avis replied that it was 75/25 and they were fully committed to offsite mitigation at this point. He mentioned that they were scheduled for appearance at the City Council the previous evening but there were some questions that needed to be resolved so it may go to the City Council on April 18th instead. Commissioner Erwin asked whether or not the developer could construct 161 units if they chose. Mr. Rudolf advised that the developer would not have vested rights until the developer received the proper approvals and actually made significant expenditures on construction relying on a building permit. 4 MINUTES ,- PLANNING COMMISSION April 5, 1995 Page 5 Commissioner Erwin discussed the previous Master Plan requirements and the current Master Plan requirements and asked if the difference could be rolled over. Mr. Wayne responded that they could not and explained why. Commissioner Erwin referred to the Growth Management Control Point and the fact that the project was exceeding the Growth Management Control Point. Commissioner Monroy requested additional clarification regarding the sequence of the voting on the affordable housing issue. He referred specifically to the condition on page 9 of Resolution No. 3757. Mr. Rudolf mentioned that staff wrote the condition to allow for flexibility. He explained that it honored the requirement of the Code because if they opted to make a change as presently planned, it would have to come back to the Planning Commission. Commissioner Monroy asked if the City Council approved affordable housing at any location besides Area D, wouldn’t the Planning Commission be locked into a “done deal?” He expressed concern about the sequence of events. Commission Noble indicated that this was already voted on previously and that the developer would have the option to go to the City Council. Chairman Welshons asked Mr. Rudolf to respond. Mr. Rudolf explained that it depended on what was considered a done deal. He stated that it could be treated as a minor amendment and approved by the Planning Commission or the Planning Commission could make the recommendation. He said that regardless of whether it was considered a minor or major amendment it would require a public hearing and could go to the City Council. Commissioner Noble reiterated that he did not understand why the issue was being discussed again. Commissioner Monroy again clarified that he was not concerned about the options but was concerned about the order in which the events took place. Mr. Wayne stated that if one option was a minor amendment, they could submit a letter to the Planning Commission and put the amendment on the next Planning Commission meeting agenda where it could be processed as a non-public hearing item on the 19th and before City Council action on a Housing Agreement providing the inclusionary housing off-site. A motion was tnada by Commissioner Noble to adopt Planning Commission Resolutions #3757 and X3758 recommending approval of CT 94-08 and CP 94-01 respectively based on the findings and subject to the conditions contained therein. Mr. Mufioz mentioned that the finding on the Errata Sheet dated April 5th should be added. Mr. Avis indicated that he concurred with the amendment. There being no other persons desiring to address the Commission on this topic, Chairman Welshons declared the public testimony closed. 4 (-- I PLANNING COMMISSION April 5, 1995 Page 6 ACTION: VOTE: AYES: NOES: ABSTAIN: Amended Motion was made by Commissioner Noble to adopt Planning Commission Resolutions Nos. 3757 and 3758 recommend- ing approval of CT 9408 and CP 94-01 respectively based on the findings and subject to the conditions contained therein and including a new finding to Resolution No. 3757 to read as follows: “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 degree of the exaction is in rough proportionality to the impacts caused by the project.” 6-1 Chairman Welshons, Commissioners Compas, Noble, Monroy, Savary, and Nielsen Erwin None Commissioner Erwin explained that he thought this was a bad precedent by exceeding the Growth Management Control Point in this area. CP 94-02 - POINSETTIA SHORES PLANNING ARFA “B-2” - A request for app of a Condominium Permit for 16 clustered single family homes within the 2.4 lanned Community) zoned parcel of Planning “B-2” in the Poinsett r Plan located north of the Batiquitos Lagoon and east of the railro he Coastal Zone, within Local Facilities Management Zone 9. Eric Muiioz gave taff report on this Item. He showed two slides location of the pr ained that it was a 16 unit proj structural setback lng Rosalena homes, and thut it innovative product type al the Master Plan. He indic hat the project exceeded the Growth Mana ontrol Point and t ter Plan allowed for a maximum of 16 dwelling units In development standards could be why the proposed project should not be allowed. He also r dated April 5, 1995, and stated that the following should be added: “1. Add a new finding Y18 t 9 to read as follows: Ion has reviewed the exactions imposed on ed in this resolution, ds, in this case, imposed to mitigate d by or reasonably reject, and the extent and degree of action is in rough o the impacts caused by the project. 5 of Resolution 3759, Approval Condition #l, the final action will be changed to Planning Commissi since the City Council will not review the B-2 project (less than 50 unless appealed. May l&1994 of City Carlsbad Brian Murphy Kaiza Poinsettia Corporation 7220 Avenida En&as, Suite 200 Carlsbad, CA 92009 SUELIECP AREA’D” AFFORDABLE HOUSING PROJECT - PRE 94-14 PRELJM COMMENTS PlarmingZ 1. No letter accompanied this prelim submittal outlining requests for financial assistance, standards modifications or other City granted incentives. You should note that the 90 units attributed to area “D” are the result of applying a density bonus to the Master Plan. Also, the design concessions and standards modifications allowed in areas “B-l”, “B-2”, and “C” were considered the additional incentive permitted by the City’s density bonus ordinance. Therefore, this prelim review assumes that no other standards modifications are involved for this air space ownership affordable housing project. None of the individual nlanninn -area tentative mans can be deemed complete until (1) a Site Development Plan is submitted and deemed complete for either the on-site affordable housing project or an off-site affordable housing project without existing units, or (2) an Affordable Housing Agreement is submitted for an off-site affordable housing project with existing units. 2. Overall, it appears that the site lacks adequate pedestrian connection/circulation between structures and parking areas. Parking areas are far from units; no sidewalks are shown and the three story structures adjacent to the railroad tracks do not appear to be adequately served by the proposed parking layout. 3. The parking requirement of 1.5 spaces/unit (one covered) only applies to studio units. No studio units are proposed with this project (one, two and three bedroom units are proposed). 135 spaces are shown, however, the project (with 90 uniis) requires 209 uarkinn snaces (74 spaces more than what is shown). This includes guest parking and applying the requirement of 2 spaces/unit (one covered) for all floor plans. No covered spaces are shown; this project would require 90 spaces to be covered. One area near the project entrance needs to be labelled as a 2 car space parking bay. Standard parking space dimensions are 8.5 x 20’. Several areas show parking overhang (where the linear dimension is not 20’ but 18.5 or 19’ leaving some overhang). This overhang extends into roadways, over property lines and up to buildings. Parking overhang up to two feet can be allowed by the Planning Director or decision making body, however, those instances are typically in industrial office areas where extensive landscaped setback areas (25-50 feet) are involved and a two foot parking overhang can be supported. There is not enough space with the site design proposed to support wholesale parking overhangs as shown. 2075 Las Palmas Drive - Carlsbad. California 92009-1576 - (619) 438-l 161 Girth-\ 'Tu C?xCItiClL r3y a OUG flVl.5 .ildl?/AD ?UGLIC t-rLC&?,r.JC or3 ZJX-EW d 13 - c 94-&Pw+ C Brian Murphy Kaiza Poinsettia Corporation May 18,1994 Page 2 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Plan l/2/3: 90 du’s @ 2 spaces/unit = 180 spaces (90 covered) plus 29 guest spaces for a project total of 209 spaces. Need to show existing contours (can assume master tentative grades) and proposed contours to reflect site grading. Show access from public street to planning area; show connection with access from Avenida En&as. Archeo and paleo monitoring will be completed with the master tentative map’s mass grading. A noise study will be required to make the formal application complete and appropriate mitigation must be shown to show compliance with the City’s noise policy per the master plan. Show berms and walls per the study as well as landscaping. Provide standard site plan/tentative map info on exhibits. Building height is unknown; no scale was provided on the elevations exhibit. Staff would like to review the 3 story elevation as well as a scaled 2 story elevation. Regarding the 20 foot setback on the west side of the planning area; it is dimensioned 20 feet but does not scale to be 20 feet. This area needs to show existing and proposed grades (like the rest of the site) as well as accommodate any noise attenuation components and the private pedestrian trail per the master plan. Storage area requirements per the Planned Development ordinance need to be verified against floor plan exhibits. Compatibility between area “D” and adjacent “B-l” needs to be designed into both projects. No on-site recreation facilities are shown as required by the master plan. Provide conceptual landscape plans. Compliance with the Poinsettia Shores Master Plan shall be maintained. The exhibits incorrectly spell “Poinsettia” (“Pointsettia” is shown). Brian Murphy Kaiza Poinsettia Corporation May 18, 1994 Pane 3 16. A Coastal Development Permit and Affordable Housing Agreement shall be obtained prior to final map approval. 17. It is staffs opinion that the area “D” affordable housing proposal needs to be significantly redesigned, complying with all applicable standards, before support will be given to the project. If the developer seriously intends to pursue development of an affordable housing project on area “D”, a Site Development Plan (SDP) application must be deemed complete before individual planning area tentative maps can be deemed complete. The SDP must be approved prior to, or concurrent with, the first planning area tentative map. In addition, an Affordable Housing Agreement nt with, the first final map. On May 11, 1994, the City’s Affordable Housing Team discussed your Area “D” proposal. The team concluded that an off-site affordable housing project may be much more desirable to the City as a means for satisfying the inclusionary housing requirement for the Poinsettia Shores Master Plan. Therefore, the developer is strongly encouraged to contact the Housing and Redevelopment Director, Evan Becker, at 434-2815 as soon as possible to discuss participation in an off-site, combined affordable housing project. The Master Plan outlines the process for approving an off-site affordable housing project based on whether or not there are existing units. With existing units, an AHA must be submitted to make the planning area tentative map application complete. Without existing units, an SDP must be submitted to make the planning area map application complete. 1. It is recommended that some parking spaces (a minimum of two) be eliminated from east side of the main traffic aisle going north from the entry. Otherwise too many conflicts exist for cars backing out of the 5% degree parking on both sides of the aisle and into most of the project’s entering traffic making a 90 degree turn. This elimination may remove a possible sight distance problem at the corner. 2. No sidewalks are shown. Pedestrian travel paths are needed from parking spaces to the units. Having the parking some distance away from the units will generate additional need for these paths. 3. No onsite recreation area is shown, as is required by the .master plan. When such an area is shown, additional pedestrian circulation may need to be provided. .- Brian Murphy Kaiza Poinsettia Corporation May 18, 1994 Pane 4 4. It appears that the length of overland drainage will exceed the City maximum of 1000 feet unless a storm drain is used. We are unable to comment further on drainage since no elevations are shown. 5. When a review is made from a more detailed site plan with dimensions, additional issues may be identified. 6. The full project entry is not shown. We need to review the entrance as far as Avenida Encinas and the relationship with Planning Areas “E” and “B-l”. Please contact Eric Munoz (619) 438-1161, extension 4441 to discuss this project further. c: Don Neu, Senior Planner Eric Mtmoz, Associate Planner Evan Becker, Housing and Redevelopment Director Debbie Fountain, H & R Senior Management Analyst Bob Wojcik, Principal Engineer Jim Davis, Associate Engineer GEW%M:lh K-D.PRE 1533 SOUTH HILL ST., SUITE D OCEANSID CA 92054 CITY%OUNCIL 2iifLdFA 1 p ,f I pr”f-~-r” ‘,y-n : ? AlTORNEY AT LAW .” JUNE 6, 1995 OFFICE: (619) 722-4470 RES.: (619) 722-2336 CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008 RE: 6/13/95 Hearing POINSETTIA SHORES-AREA "B-1 CT 94-8 ISSUE OF PUBLIC DRAINAGE Dear Councilmembers: I represent Ponto Storage Inc. and Dale Schreiber. Please add a condition that prior to any more grading of area B-l, that "the Public Drainage Facility from the Northwest corner of area B-l tp the Batiquitos Lagoon shall be completed". Please add a condition that "the subdivision shall be responsible for maintenance of'the Western Desiltation Basin located at the Northwest corner of Batiquitos Lagoon and identified as a public improvement on D-337." The issue of public drainage from area B-l was adequately heard during the original approval of the Master Plan by the City and the Coastal Commission. The resolution of the issue of drainage was.that prior to or concurrent with the original grading of the area, a pipeline would be installed from the Northwest corner of area B-l, under the railroad tracks, and thence Southwesterly to a desiltation basin at .Batiquitos Lagoon. During the original grading which is still ongoing, an interim holding pond was constructed on area B-l which accommodates the drainage water from approximately 26 acres of the mobile home park northerly of area B-l as well as the drainage water from area B-l. This drainage water is currently pumped during a rainstorm from the holding pond into the drainage line that flows into the Eastern desiltation basin. Upon completion of the Public Drainage Facility as shown on D-337, the drainage water from this area will flow into the Western Desiltation Basin at Batiquitos Lagoon. On behalf of Mr. Schreiber, I would like to thank staff and Kaiza for the professional manner in which the difficult issue of drainage for the Ponto Basin has been resolved. Please include the above conditions to avoid any chance of misunderstanding. Area B-l cannot drain westerly without the Public Drainage Facility being in place. Area'B-1 will be part of development that will be responsible for the maintenance of the Western Desiltation Basin. RztTx. LOUIS TASCHNER . NOTICE OF PUBLIC HEARING CT 9408/CP 94-1 POINSETTIA SHORES PLANNING AREA "B-l" NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 P.M., on Tuesday, June 13, 1995, to consider an application for a Tentative Tract Map and a Condominium Permit for 158 clustered single family homes within the 20.1 acre P-C (Planned Community) zoned parcel of Planning Area @IB-ltt, in the Poinsettia Shores Master Plan on property generally located north of the Batiquitos Lagoon, east of the railroad right-of-way, in the Coastal Zone, in Local Facilities Management Zone 9, and more particularly described as: Lot 5 of Carlsbad Tract No. 94-1, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 13181, filed in the Office of the San Diego County Recorder. If you have any questions regarding this matter, please call Eric Munoz in the Planning Department, at (619) 438-1161, ext. 4441. If you challenge the Tentative Tract Map and/or Condominium Permit in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. APPLICANT: Kaiza Poinsettia Corporation PUBLISH: June 1, 1995 CARLSBAD CITY COUNCIL POINSETTIA SHORES PA. B-l-Cl’ 94-08/CP 94-01 NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, April $1995, to consider a request for approval of a Tentative Tract Map and Condominium Permit for 158 clustered single family homes within the 20.1 acre P-C (Planned Community) zoned parcel of Planning Area “B-l” in the Poinsettia Shores Master Plan on property generally located north of the Batiquitos Lagoon and east of the railroad right of way, in the Coastal Zone, within Local Facilities Management Zone 9 and more particularly described as: Lot 5 of Carlsbad Tract 94-01, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 13181, filed in the office of the San Diego County Recorder. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after March 30,199s. If you have any questions, please call Eric Munoz in the Planning Department at (619) 438-1161, ext. 4441. If you challenge the Tentative Tract Map and/or Condominium Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CI’ 9408/CP 94-01 CASE NAME: POINSETTIA SHORES PLANNING AREA “B-l” PUBLISH: MARCH 24,1995 CITY OF CARLSBAD PLANNING COMMISSION EUGENE C CHAPPEE 654 N HIGHWAY 101 uAKLsI3AD CA 92009-6507 ENCINITAS CA 92024-2044 GARDENS PROP LAKESHORE KAIZA POINSEm CORP C/O MORGAN & MARTINDALE 7220 AVENIDA ENCINAS #200 10780 SANTA MONICA BLVD CARLSBAD CA 920094661 LOS ANGELES CA 90025 CITY OF ENCINITAS 505 SO VULCAN AVE ENCINITAS CA 92024-3633 PONTO STORAGE INC POBOX23 CARLSBAD CA 92018-0023 CARLSBAD SCHOOL DIST DR GEORGE MAN-NON SUP-I’ 801 PINE AVENUE CARLSBAD CA 92008 PLANNING DEPARTMENT A’-ITNz ERIC M.UNOZ (Form A) TO: CITY CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notide POINSETTIA SHORES PLANNING AREA “B-1” - CT 94-08/CP 94-01 .- for a public hearing before the City Council. /3 &~ Please notice the item for the council meetlng of &zus--&~?~~ % 4 . Thank you. Assistant City IIan-- April 28, 1995 Date PCdlSETTIA SHORG . .I PLANNING AREA B-1 600’ RADIUS MAP ~WAILING LABELS -------------------------------------------------------------------------------- APN: 214-160-25-00 Situs: 7290 PONTO DR CARLSBAD 92009 Owner: SC BERDALE L Legal: LA COSTA DOWNS UNIT # 1, POR SEC 29-12- ARGONAUTA WAY;CARLSBAD CA 92009-6507 Phone: (619)753-4131 PROCESSING/STGone: 3 Asd : $282,908 Imp: 74% 01/27/86 Sale Amt: Loan Amt: Exempt: Tot Units: Lotsqft: A 1.519 Sqft: _------------------------------------------------------------------------------- APN* 214-160-28-00 &r: Situs: 7200 PONTO DR CARLSBAD 92009 CHAPPEE EUGENE C Legal: LA COSTA DOWNS UNIT # 1, PM04383, BEING Mail: 654 N HIGHWAY 101;ENCINITAS CA 92024-2044 Phone: Use: 39-MISC.,RADIO STA., BANK, ETC.one: 1 Asd: $42,363 Imp: 16% Sale Date: -10/18/89 Sale Amt: Loan Amt: Exempt: Blt: Rms:Bd Bth Tot Units: Lotsqft: 40075 Sqft: APN: 214-171-11-00 &F&k: Situs: 7294 PONTO DR CARLSBAD 92009 PONTO STORAGE INC Legal: LA COSTA DOWNS UNIT X 1, DOC100072REC70 Mail: PO BOX 23;CARLSBAD CA 92018-0023 Phone: Use: 49-INDUSTRIAL - SPECIAL, MISC.Zone: 1 Asd: $146,181 Imp: 26% Sale Date: 08/16/77 Sale Amt: Loan Amt: Exempt: Blt: Rms:Bd Bth Tot Units: Lotsqft: A 2.239 Sqft: -------------------------------------------------------------------------------- x:14-171-27-00 Situs : 7201 AVENIDA ENCINAS CARLSBAD 92009 : LAKESHORE GARDENS PROPERTY Legal: T 7954 B Mail: C/O-MORGANGMARTINDALE 10780 SANTA Use: 32-TRAILER PARK Zone: 5 $3,615,755 Imp: 53% Sale Date: 10/20/89 Sale Amt: Exempt: Blt: Rms:Bd Bth Tot Units: Lotsqft: A 28.689 Sqft: -------------------------------------------------------------------~------------ Situs: 7201 AVENIDA ENCINAS CARLSBAD 92009 GARDENS PROPERTY Legal: T 7955 B L 1u 10780 SANTA MONTICA BLVD;LOS A Phone: Zone: 5 Asd: $2,772,928 Imp: 50% Loan Amt: Exempt: Units: Lotsqft: A 23.179 Sqft: -------------------------------------------------------------------------------- SITUS PENDING CARLSBAD Legal: CARLSBAD TCTX85-34, (EX RD)DOC74-10498 CA 92009-6507 Phone: (619) 753-4131 Zone: 1 Asd: $8,521 Imp: 0% 01/27/86 Sale Amt: Loan Amt: Exempt: Rms:Bd Bth Tot Units: Lotsqft: 14810 Sqft: -------------------------------------------------------------------------------- SITUS PENDING CARLSBAD Legal: CARLSBAD TCTf85-34, POR SEC 32-12-4W CA 92009-6507 Phone: (619)753-4131 - RESIDENTIAL Zone: 1 Asd: $26,648 Imp: 0% 03/12/86 Sale Amt: Loan Amt: Exempt: Units: Lotsqft: 21780 Sqft: -------------------------------------------------------------------------------- APN: 216-010-03-00 Situs: SITUS PENDING CARLSBAD Owner: SC 'BERDALEL Legal: CARLSBAD TCT#85-34, POR SEC 32-12-4W ARGONAUTA WAY;CARLSBAD CA 92009-6507 Phone: (619)753-4131 - RESIDENTIAL Zone: 1 Asd: $6,658 Imp: 0% 03/12/86 Sale Amt: Loan Amt: Exempt: Bth Tot Units: Lotsqft: 6098 Sqft: ,,,,--a.L- ,,*. ---"""'-~-'-""'-""'-""""' --~-"L---'----"""""""" -AP: 2 216-010-04-00 ‘us: SITUS PENDING CARLSL wner : SCBRBIBER DALE L Legal: CARLSBAD Tk#85-3.4, POR SEC 32-12-4W . Mail: 7163 ARGONAUTA WAY;CARLSBAD CA 92009-6507 Phone: (619)753-4131 -- Use: lo-VACANT - RESIDENTIAL Zone: 1 Asd: $6,658 Imp: 0% Sale Date: 03/12/86 Sale Amt: Loan Amt: Exempt: Blt: Rms:Bd Bth Tot Units: Lotsqft: 6098 Sqft: -------------------------------------------------------------------------------- APN: 216-01 Owner: S&~“~ALE citus' S1TU~e$!~1?~~B~T#85-34, POR SEC 32-12-4W ARGONAUTA WAY;CARLSBAD CA 92009-6507 Phone: (619)753-4131 - RESIDENTIAL Zone: 1 Asd: $6,658 Imp: 0% 03/12/86 Sale Amt: Loan Amt: Exempt: Bth Tot Units: Lotsqft: .6969 Sqft: - APN: 216-140-17-00 Situs: AVBNIDA ENCINAS CARLSBG 92008 &er: KAIZA POINSETTIA CORP Legal: T 11290 B L 1u Mail: 7220 AVENIDA ENCINAS /ZOO;CARLSBAD CA 92009-4661 Phone: Use: 20:VACANT - COMMERCIAL Zone: 6 Asd: $1,200,000 Imp: 0% Sale Date: 11/08/90 Sale Amt: $26,7OO,OOOP Loan Amt: $30,000,000 Exempt: Blt: Rms:Bd Bth Tot Units: Lotsqft: A 6.229 Sqft: Situs: WINDROSE CI CARLSBAD 92008 CARLSBAD TCT #82-18, 16.53 AC M/L IN Php CA 92009-4661 Phone: Zone: 1 Asd: $3,700,000 Imp: 0% $26,7OO,OOOP Loan Amt: $30,000,000 Exempt: Lotsqft: A 16.529 Sqft: -------------------------------------------------------------------------------- Situs: WINDROSE CI CARLSBAD 92008 Legal: T 11616 B L 80 U 220 AVENIDA ENCINAS #2OO;CZUUSBAD CA 92009-4661 Phone: Zone: 6 Asd: $3,800,000 Imp: 0% 11/08/90 Sale Amt: $26,7OO,OOOP Loan Amt: $30,000,000 Exempt: Units: Lotsqft: A 17.739 Sqft: -------------------------------------------------------------------------------- Situs: WINDROSE CI CARLSBAD 92008 POINSETTIA CORP Legal: CARLSBAD TCT #85-14 PHASE Xl, 34168 Ak- ENCINAS #'ZOO;CARLSBAD CA 92009-4661 Phone: Zone: 6 Asd: $4,900,000 Imp: 0% 11/08/90 Sale Amt: $26,7OO,OOOP Loan Amt: $30,000,000 Exempt: Rms:Bd Bth Tot Units: Lotsqft: A 34.679 Sqft: i--------------------------------------------------------------- Situs: WINDROSE CI CARLSBAD 92008 CARLSBAD TCT #85-14 PHASE #I, DOC87-631 CA 92009-4661 Phone: COMMERCIAL Zone: 6 Asd: $200,000 Imp: 0% 11/08/90 Sale Amt: $26,7OO,OOOP Loan Amt: $30,000,000 Exempt: Rms:Bd Bth Tot Units: Lotsqft: A 1.150 Sqft: ___________________-------------------------------------------------------------