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HomeMy WebLinkAbout1996-04-02; City Council; 13588; OCEAN BLUFF - LCPA 95-09|ZC 93-04|CT 93-09|HDP 93-09..’ i DEPT. PLNdk OCEAN BLUFF - LCPA 9509/ ZC 93-04/CT 93-09/HDP 93-09 G I I ; RECOMMENDED ACTION: a s 8 The City Council INTRODUCE Ordinance No. flS-35“f APPROVING ZC 93-04, and ADOPT Resolution No. 4h -I/ 3 APPROVING_ LCPA 95-09, ZC 93-04, CT 93-09, and ii HDP 93-09. ITEM EXPLANATION On December 20, 1995, the Planning Commission conducted a public hearing to review the Ocean Bluff project located at the southwest corner of future Blackrail Court and Poinsettia Lane in the Zone 20 Specific Plan and LFM zone area. The Planning Commission approved (7-O) SDP 93-07 and recommended approval (7-O) of LCPA 95 09, ZC 93-04, CT 93-09, and HDP 93-09 to rezone the property to R-l and allow the subdivision of the 31.2 acre parcel into 92 standard single family lots, one open space lot, and one multiple family lot. Access to the property would be provided by the extension of Blackrail Court and Poinsettia Lane from their existing termini. The project is subject to and in compliance with the Zone 20 Specific Plan and Certified EIR, Mello II Local Coastal Program, Hillside Development Ordinance (Chapter 21.95 of the Carlsbad Municipal Code(CMC)), and lnclusionary Housing Ordinance (Chapter 21.85 of the CMC). To satisfy the project’s 15% lnclusionary Housing requirement, the Planning Commission approved a site development plan allowing an 11.8% density increase for a 16 unit onsite affordable apartment project located in the southwestern corner of the site. As an alternative to this onsite apartment project the Planning Commission also approved i a condition to allow the project to purchase credits in an offsite combined affordable ~ project, subject to Council Policies 57 and 58. On February 8, 1996, the Housing Commission reviewed the affordable housing proposal and unanimously recommended approval. The Planning Commission received one letter opposing the project and two persons, Mr. and Mrs. McKinney, spoke in opposition to the project because the Oceanbluff project is not conditioned to construct Poinsettia Lane across their property between Street “A” and Blackrail Court (see Exhibit “A”). The McKinney’s believe that the Poinsettia Lane roadway alignment which bisects their property along with the financial obligation for improvements has ruined their horticulture business and rendered their property unsalable. Staff and the applicant indicated that a fee district is being formed in Zone 20 to finance future roadway improvements, such as this segment of Poinsettia Lane, when the City determines they are necessary. Meanwhile, since there are no other pending or approved projects requiring this road segment, the McKinney’s can continue their business operation notwithstanding the development of the Oceanbluff project. Due to Planning Commissioner’s concerns regarding onsite circulation, the Planning Commission revised the project as follows: . h PAGE 2 OF AGENDA BILL NO. j 3,s 8t? Modified Condition No. 56E of Planning Commission Resolution No. 3869 to require the redesign of Street “D” from a cul-de-sac street to a full width City standard road providing access to Blackrail Court. Since the project does not include architectural elevations required as a part of the Hillside Development Permit, the applicant requested that the Planning Commission consider granting authority to the Planning Director to review architectural elevations for consistency with the Hillside Ordinance, Specific Plan architectural standards, and EIR 90-03 visual design guidelines. Due to the extensive architectural standards and guidelines already approved and applicable to the project, the Planning Commission: Modified Condition No. 43 of Planning Commission Resolution No. 3869 to allow Planning Director approval of architecture on Lots l-92 through an amendment to HDP 93-09 prior to the issuance of building permits. Additional environmental impacts beyond those analyzed and mitigated by the Zone 20 Final Environmental Impact Report (EIR 90-03) would not result from implementation of the project; therefore, this project qualifies as subsequent development to both the Zone 20 EIR and the City’s MEIR. The Planning Director issued a Notice of Prior Environmental Compliance on September 21, 1995, and the applicable mitigation measures of EIR 90-03 are included as conditions of approval for this project. Mitigation conditions include the purchase of credits in the Carlsbad Highlands mitigation bank at a 2:l replacement ratio for impacts to coastal sage scrub habitat, and a single pair of California gnatcatchers resulting from the Poinsettia Lane and Street “A” roadway alignments. GROWTH MANAGEMENT STATUS Facilities Zone Local Facilities Management Plan Growth Control Point Net Density Special Facilities FISCAL IMPACT 20 20 3.2 3.6 C.F.D. No. 1 No fiscal impacts will result from the project since it is consistent with the Zone 20 Local Facilities Management Plan, which ensures that all public facilities required to serve the project will be provided in accordance with the Growth Management Ordinance. h PAGE 3 OF AGENDA BILL NO -38 / 5 8 EXHIBITS 1. 2. 3. 4. 5. 6. 7. 8. 9. City Council Ordinance No. A/S- 3.!?y City Council Resolution No. 9 h - // ? Location Map Planning Commission Resolutions No. 3867, 3868, 3869, 3870, 3871 Planning Commission Staff Report, dated December 20, 1995 Excerpt of Planning Commission Minutes, dated December 20, 1995 Housing Commission Resolution No. 96-001 Housing Commission Staff Report, dated February 8, 1996 Excerpt of Housing Commission Minutes, dated February 8, 1996. 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 ORDINANCE NO. NS-354 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 93-04, FROM L-C TO R-l ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF FUTURE POINSETTIA LANE & BLACKRAIL COURT, IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: OCEAN BLUFF CASE NO: zc 93-04 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Title 21 of the Carlsbad Municipal Code is amended by the amendment of the zoning map as shown on the map attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 3868 constitutes the findings and conditions of the City Council. SECTION III: The Council further finds that this action is consistent with the General Plan and the Housing Element of the General Plan in that it is consistent with residential land use and affordable housing goals and objectives. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of , 1996, and thereafter . . . . 4 1 2 3 4 5 6 7 e 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the day of AYES: NOES: ABSENT: ABSTAIN: , 1996, by the following vote, to wit: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk PEAL) 2 3’ EXlSlPKii L-c PROPOSED R-l . ’ _ OCEANBLUFF LCPA 95=09/zc 93-04 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 - h RESOLUTION NO. 96-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL PROGRAM AMENDMENT, A CHANGE TO THE CARLSBAD ZONING MAP TO CHANGE A PORTION OF THE MAP FROM LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-l), A TENTATIVE MAP, AND A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF FUTURE POINSETTIA LANE AND BlACKRAIL COURT IN THE ZONE 20 SPECIFIC PLAN AREA AND LOCAL FACILITIES MANAGEMENT ZONE. CASE NAME: OCEAN BLUFF CASE NO: LCPA 95-09/ZC 93-04/CT 93-09/HDP 93-09 WHEREAS, on December 20, 1995 the Planning Commission held a duly noticed public hearing to consider a Local Coastal Program Amendment (LCPA 95-09), Zone Change (ZC 93-04), Tentative Map (CT 93-09) and Hillside Development Permit (HDP 93-09) for project development on 31.2 acres of land and adopted Planning Commission Resolutions No. 3867, 3868, 3869, and 3871 respectively, recommending approval to the City Council; and WHEREAS, the City Council of the City of Carlsbad, on the 2nd day of APRIL , 1996, held a public hearing to consider the recommendations and heard all persons interested in or opposed to LCPA 95-09, ZC 93-04, CT 93-09, and HDP 93-09; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of the Local Coastal Program Amendment (LCPA 95-09) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 3867, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 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 3. 4. 5. 6. - h That the recommendation of the Planning Commission for the approval of the Zone Change (ZC 93-04) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 3868, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council and Ordinance NS-354 shall be contemporaneously adopted. That the recommendation of the Planning Commission for the approval of the Tentative Map (CT 93-09) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 3869, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. That the recommendation of the Planning Commission for the approval of the Hillside Development Permit (HDP 93-09) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 3871, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. This action is final the date this resolution is adopted by the City Council. The provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “NOTICE TO APPLICANT” “The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1 .16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later that the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.” 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 - h PASSED, APPROVED AND ADOPTED at a regular meeting of the City zouncil of the City of Carlsbad, California, on the 2nd day of APRIL , 1996, my the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ABSTAIN: None AlTEST: ALETHA L. RAUtENKRANZ, City C’eerk - (SEAL) 3 OCEANBLUFF LCPA 9549/ZC 9%04/CT 93009/ SDP 93=07/HDP 93-09 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 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDINGAPPROVALOFANAMENDMENTTO THE MELLO II SEGMENT OF THE CARLSBAD LOCAL COASTAL PROGRAM TO BRING THE LAND USE DESIGNATIONS AND ZONING MAP INTO CONFORMANCE ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF FUTURE POINSETTIA LANE AND BLACKRAIL COURT WlTHIN THE ZONE 20 SPECIFIC PLAN BOUNDARIES. CASE NAME: OCEAN BLUFF CASE NO: LCPA 95-09 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning land use designations for properties in the Coastal Zone be in collformance; WHEREAS, Ocean Bluff Partnership has filed a verified application for certain property described as: Lot 3 in Section 22, Township 12 south, range 4 west, San Bernadine base and meridian in the County of San Diego, State of California, excepting tkefrom those portions thereof lying north of the south boundary lint of Rancho Agua Hedionda, as said south line was established May 5, 1913, by decree of the Superior Court of the State of California, in and for San Diego County, in that certain action (No. 16830) entitled Kelly Investment Company, a coqxwation, vs. Clarence Dayton Hillman and Bessie Olive Hillman. attached to Manning Commission ResoWon No. 3868 and incorporated herein, which has been fikd with the Planning Commission and; . WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on the map dated December 20, 1995, attached to and incorporated by reference in the Draft City Coundl Ordinance, Exhibit “X”, attached to Resolution No. 3868 as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3 23 24 25 26 27 20 theCaiiforniaCoastaiCo mmission Administrative Regulations; and WHEREAS, the Planning Commission did on the 20th day of December, 1995 hold a duly noticed public hearing as prescribed by law to consider the proposed Local Coastal Plan Amendment and; 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 the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE lT HEREBY RESOLVED by the Planning Commission of the City of Carisbad, 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 LCPA 9549 as shown on Exhibit “X”, dated December 20, 1995, attached hereto and made a part hereof based on the following findings: Findines: 1. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required to bring the designations of the City’s Zoning Map (as amended) and Mel10 II implementing zone into conformance, i.e. from L-C to R-l. Conditiw 1. Approvd of LCPA 9549 is granted subject to the approval of ZC 9344, CT 9349, SDP 9347, and HDP 9349. LCPA 9549 is subject to all conditions contained in Planning Commission Resolution Nos. 3&l& 3U9, %70, and 3871 dated December 20, 1995. . . . . FCRESONO.3867 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 23 24 25 26 27 20 PASSED, APPROVED, AND ADOPTED at a reguiar meeting of the Planning commission of the City of Carisbad, held on the 20th day of December, 1995, by the following vote, to wit: AYES: Chairperson Weishons, Commissioners Compas, Erwin, Monroy, Nielsen, Noble and Savary NOES: None ABSENT: None ABSTAINt None mM WUHONS, Chairperson CARLSBADPIANNXN G COMMISSION A-ITESF Pianning Director PC RESO NO. 3867 -3- /3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 20 21 22 f 23 24 25 26 27 28 - A PLANNING COMMISSION RESOLUTION NO. 3868 A RESOLUTION OF THE PIANNIN G COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM L-C TO R-l ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF FUTURE POINSETTIA LAN-E AND BLACKRAIL COURT. CASE NAME: OCEAN BLUFF CASE NO: zc 93-04 WHEREAS, Ocean Bluff has filed a verified application for certain property, to wit: Lot 3 in Section 22, Township 12 south, range 4 west, San Bernadine base and meridian in the County of San Diego, State of Caiifofnih excepting thet+om those portions thereof lying north of the south boundary line of Ranch0 Agua Hedionda, as said south line was established May 5, 1913, by decree of the Superior Court of the State of Caiifornia, in and for San Diego County, in that certain action (No. 16830) entitled Kelly Investment Company, a corporation, vs. Clarence Dayton Hillman and Bessie Olive Hiiiman, has been filed with the City of Carlsbad, and refkrred to the Planning Commission; and WHEREAS, said application constitutes a request for a Zone Change as shown on the maps attached to and incorporated by reference in the Drank City Council Ordinance, Exhibit T attached hereto as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 20th day of December, 1995, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: IIt 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 18 17 18 19 20 21 22 I 23 24 25 26 27 28 - -, 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 Zone Change, ZC 93-04, based on the following findings and subject to the following conditions: Findines: 1. That the proposed Zone Change from Limited Controi (L-C) to One Family Residential (R-1) is consistent with the goals and policies of the General Plan Land Use Element (Policy C.1) in that it will result in “the arrangement of land uses which preseme community identity and are orderly, functionally efficient, heaithhri, and aestheticaiiy pleasing.” 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Laud Use Element, in that the property’s underlying Low-Medium Residential density (RLM) land use designation aiiows single family residentiai deveiopment except that a variety of overall housing types may be aiiowed as long as tbe overail density does not exceed 4 dwelling units per acre. Consistent with this policy, the proposed project’s overaii density is 3.6 dwelling units per acre and single family and multi-family residentiai units are proposed. Conditions: 1. Approval of ZC 9344 is granted subject to the approval of LCPA %-O!J, CT 93-09, SDP 93-07, and HDP 93-09. ZC 93-04 is subject to ail conditions contained in Planning Commission Resolution Nos. 3II67,3&59,3g70, and 3g71 dated December 20, 1995. . . . . . . . . PCRESON0.3868 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 20 21 22 t 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of December, 1995, by the following vote, to wit: AYES: Chaiqmson Welshons, Commissioners Compas, Exwin, Monroy, Nielsen, Noble and Savary NOES: None ABSENT: None ABSTAIN: None CARLSBADPLANNIN G COMMBSION ATTESF Planning Director PCRESONO.3868 -3- 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I 23 24 25 26 27 28 PUNNING COMMISSION RESOLUTION NO. 3869 A RESOLUTION OF THE P IANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP TO DEVELOP 92 SINGLE FAMILY LOTS AND ONE MULTIPLE FAMILY LOT WlTH 16 APARTMENTS UNITS ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF FUTURE POINSElTIA LANE AND BLACKRAIL COURT WlTHIN THE ZONE 20 SPECIFIC PLAN BOUNDARIES. CASE NAME: OCEAN BLUFF CASE NO: CT 93-09 WHEREAS, Ocean Bluff Partnership has filed a verified application for certain property to wit: Lot 3 in Section 22, Township 12 south, range 4 west, San Bernadino base and meridian in the County of San Diego, State of California, excepting therefrom those portions thereof lying north of the south boundary line of Ranch0 Agua Hedionda, as sald south line was established May 5, 1913, hy decree of the Superior Court of the State of California, in and for San Diego County, in that certain action (No. 16830) entitled Kelly Investment Company, a corporation, vs. Clarence Dayton Hiilman and Bessie Olive Hiiiman. with the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for approval of a Tentative Subdivision Map for more than 50 parcels as shown on Exhibits “A-N” dated December 20,1995, on file in the Planning Department and incorporated by this reference (“Tentative Map for Ocean Bluff Ct 93-09”) as provided in Section 20.12.080(2)(B) of the Carlsbad Municipal Code; and WHEREAS, the Planning Commissi on did, on the 20th day of December, 1995, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. /7 1 2 ? 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3 23 24 25 26 27 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning comInisaion as folhnvs: 4 B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of Carlsbad Tentative Tract, CF 9349, based on the following findings and subject to the following conditions: Findlnas: 1. 2. 3. 4. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the MEIR 9391 and Zone 20 EIR 904 appropriate to this Subsequent Project have been incorporated into this Subsequent Project. The Planning Commission finds that: a. the project is a subsequent development as described in CEQA Guidelines 15168(c)(2), (e), and 15183; b. C. the project is consistent with the General Plan and Zone 20 Specific Pian; there was an EIR certified (EIR !&03) in connection with the Zone 20 Specific Plan d. the project has no new significant environmental effect not analyzed as significant in the prior EIR, e. none of the circumstances requiring Subsequent or Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; The City’s MEIR found that air quaiity and circulation impacts are significant and advm theref’ the City Council adopted a statement of overriding considmtionn The project is consistent with the Generai Pian and as to those effects, no 8ddltional environmental document is required. The Pianning Commission finds that the project, as conditioned herein for approval is in conformance with the Elements of the City’s General Plan, based on the following: a. Land Use - The project is consistent with the City’s General Plan since the proposed density of 3.6 du/acre is within the density range of O-4 du/acre specified for the site as indicated on the Land Use Element of the General PI’& and aithougb the project exceeds the Growth Controi Point of 33 dweMng units/m a density increase is being procemd in accordance with Policy 3.7.i of the Housing Element and pursuant to Chapter 2153.120 of the PC RESO NO. 3869 -20 T ,- 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 20 Zoning Ordinance and required findings have heen made (see Pianning Commission Resolution No. 3870 for SDP 93-07). b. Circulation - The project will be conditioned to construct two offsite streets, Poinsettia Lane and a portion of Biackraii Court, which is consistent with both Objective B.l requiring an adequate circulation infrastructure concurrent with or prior to the actuai demand for such facilities and Policy C.16 requiring that new deveiopment construct roadways needed to serve the proposed development prior to or concurrent with the circulation needs created by the development. C. Noise - The project is consistent with Policy C.5 establishing that 60 dBA CNEL is the exterior noise ievei and 45 JBA CNEL is the interior noise ievei to which ail residential units should he mitigated since the project will provide noise wails necessary to mitigate noise to these exterior and interior levels along lots abutting Poinsettia Lane. I d. Housing - The proposed 16 unit apartment housing project located in Lot 93 of this project and within the Zone 20 Specific Pian, which will be tiordabie to lower income households, is consistent with Policy 3.6.a of the Housing Element in that it represents 15% of the totai units in the Ocean Bluff project. The project is consistent with Program 3.6.a of the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has been conditioned to enter into an Affordable Housing Agreement to provide and deed restrict 16.24 dwelling units as affordable to lower-income households. The provision of onsite affordahie units resuits in a project density of 3.6 dwelling units per acre which exceeds the Growth Management Controi Point of 33 dwelling units per acre and requires approvai of a ll.W% density increase. The proposed density increase is therefore consistent with Policy 3.7.h. enabling density increases and Program 3.7.i allowing discretionary consideration of density increases through the prucessing of 8 site development plan in accordance with and implemented by Chapter 2153.120 of the Zoning Ordinance. e. The pmposed density increase of 11.4 units ahove the Growth Management Controi Point for the purpose of providing 16 affordabie apartment units onsite to satisfy the project’s inciusionary housing requirement is consistent with Policy 38 aiiowing excess dweiiing units to he allocated with the top priority being housing development fw low and very low income households. Open Space and Conservation - The project will preserve in open space the only areas of 25%+ slopes which I8 &stent with Policy CL caiiing for assurance that deveiopment on hillsides reiates to the slope of the land in order to preserve the intqrity of the hillsides and Policy CJ requiring that valleys (ravines) be designated for open space. With regard to greenways and tails, the project will offer for dedication a W wide trail easement within a PC RESO NO. 3869 -3- /P 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 . . . . - SOS wide landscaped open space easement aiong Poinsettia Lane consistent with Policies C3 and C.5 requiring an irrevocable offer to dedicate a permanent easement for traiiways where trails are proposed as part of the Carisbad Trail System and greenway linkages. Policies C.22, C.23, C.25 and C30: Native habitat impacts onsite have been reduced and/or mitigated by the preservation of only steep slopes possessing native habitat located onsite. Aithough the construction of offsite Poinsettia Lane to the west from “A” Street to Alga Road and the construction of “A” Street between the project% southwestern boundary and Poinsettia Lane will result in impacts to a single pair of gnatcatchers and approximately 4 acres of Diegan coastai sage habitat, the impacts due to the roadway aiignment are unavoidable and will be mitigated through the purchase of credits in the Carisbad Highlands mitigation bank at a 2:l ratio. Additionaiiy, an oversized roadway culvert is required to be instailed under the Poinsettia Lane extension within the SDG&E easement (open space) to maintain and enhance wildlife connections to native habitat areas that would othenvise be , fragmented. The Poinsettia Lure and Street “A” alignments are consistent with the Zone 20 biological mitigation and open space preservation regulations, and the coastai sage scrub habitat loss is consistent with the HMP as follows: 1. 2. 3. 4. PC RESO NO. 3869 -4- The construction of Poinsettia Lane and Street “A” will not preclude connectivity between Preserve Planning Areas (PPAs) since they are not located within a PPA core area, and are not a part of a Linkage Planning Area. If feasible, the construction of the roadway culvert, under Poinsettia Lane within the SDG&E easement, may facilitate dispersal and movement of wildlife between core areas in PPA’s 4 and 5. The habitat loss will not preclude or prevent the preparation of the CarisbadHMPinthattheareaisnotapartofaPPAcoreareaor Linkage Pianning Area. Mt~gationforthcioso~tbe4~d~~scrubwiilbein the form of the acquisition of habitat credits at a 2~1 ratio within PPA 2 (Carlshad Highlands Mitigation Bank) as discussed above The loss of habitat on the Ocean Bluff property will the&ore not appreciably reduce the likelihood of the suwivai and recovery of the gnatcatcher, The habitat loss is located in a disturbed and partiaiiy disturbed canyon area which will be isolated by Poinsettia Lant, the Aviara deveiopment to the south, and continued agricuiturai uses to the east and e thedbre, large Mocks of habitat will not be lost and hagmeatation will not occur. 1 2 2 4 e . 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 f 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. - 5. The habitat area being impacted is somewhat isoiated by sumwnding agricuitural uses and development, and it is located within the alignment of a maor circulation element ey providing primaty access to the proposed Ocean Bluff subdivision as well as other properties in the Zone 20 Specific Pian are8. f. Public Safety - The project is consistent with Public Safety Element as ail necessag water mains, fire hydrants and appurtenances will be instailed prior to occupancy of any unit, 8ii weather access roads will be maintained throughout construction, and wildland fire hazards are mitigated through required compliance with the City’s Landscape Design Manual. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: The project has been conditioned to ensure that the final map will not be 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 be 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 remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or are required as 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. The Project has been conditioned to pay any increase in public facility fee, or new cons&uction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.99 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the LocaI Facilities Management Plan for Zone 20. 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 the proJect is conditioned to provide ail 91 PC RESO NO. 3869 -5, 1 2 I 4 K w 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 : 23 24 25 26 27 28 12. 13. 14. 15. 16. 17. 18. 19. 20. pubiic fdiities neceswuy to serve the proJect including the construction of Poinsettia That there have been sufficient developments approved in the quadrant at densities below the control point to of&et the units in the project above the control point so that approval will not result in exceeding the quadrant limit. 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 project will not preclude the provision of performance standard open space at buiidout of Zone 20 and the project is conditioned to provide for ail necessary public facilities prior to final map approvai. The project is consistent with the generai provisions and provisions speciilc to Area C of the Zone 20 Specific Pian (SP 203) including the provision of an onsite muiti- family affbrdabie housing project. The project is consistent with ail land use policies of the Meilo II Locai Coastai - That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and structured such that there are no conflicts with any established easements. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the 7,!%0+ square fad id sizes allow for a variety of building placement aiternatives, inciuding the adequate placement and separation of the homes, in combination with the proposed variety of future fioor plans and the dominant western wind patterns/solar radiation patterns, will allow utiiization ofnatural heating and cooling opportunities. That the Pianning 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; That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife br their habitat, in that ail fersibie mitigation measures or project aiternatives identified in the Zone 20 F’inai EIR 9343 which are appropriate to this project have been IncoqwaW into the pro&& and no unmitigated significant impacts to fi4 wiidiife or their reqective habitats will occur. PCR.ESON0.3869 a- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 21. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the drainage requirements of@ecific Plan 203, City ordinances, and Meiio II have been considered and appropriate drainage facilities have been designed and secured. In addition @ City Engineering Standards and compliance with the City’s Master Drainage Pian, National Pollution Discharge Elimination System (NPDES) standards will be satisfied to prevent any discharge violations. 22. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 23. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April, 1994 in that the project as conditioned the applicant shall record a notice concerning aircraft noise. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport in that the project is located outside the 60 dBA CNEL noise contour allowing residential development to occur. 24. That the Project is consistent with the City’s Landscape Manual, adopted by City Council by incorporation by reference in Carlsbad Municipal Code Section 14.28.020. Planning Conditions: 1. The Planning Commission does hereby recommend approval of the Tentative Tract Map for the standard single famiiy/muiti-f~ily lot subdivision ,entitled “Ocean Bluff” subject to the conditions herein set fti. Setaff is author&d and directed to make or require the Developer to make all corrections and modifications to the approved Documents, as necessary to make them internally consistent and conform to City Council% final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially &rent from this approval, shall require an amendment to this approval. 2. Apprmd of CT 93-09 is granted subject to the approval of LCPA 95-09, ZC 93-04, SDP 93-07, and HDP 93-09. CT 93-09 is subject to all conditions contained in planning Commission Resolution Nos. 3%7,3&j& 3870, and 3g71 dated December 20, 1995. 3. The Developer shall provide the City with a reproducibk 24” x 36”, mylar copy of the Tentative Map as approved by the Pianning 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. PC RESO NO. 3869 -% a3 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 4. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced, legible version of the approving resolution/resolutions on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. 5. 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. 6. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987 (amended August 5, 1993) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.98 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulflll the subdivider’s agreement to pay the public facilities fee dated August 5,1993, 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. 7. Prior to approval of a final map or the issuance/approval of a building permit, which ever occurs first, the Developer shall submit evidence to the Planning Director that impacts to school facilities have been mitigated in conformance with the City’s Growth Management Plan to the extent permitted by applicable state law. If the mitigation involves a financing scheme such as a Mello-Roes Community Facilities District which is inconsistent with the City’s Growth Management Plan including City Council Policy Statement No. 38, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax and that the school district is the taxing agency responsible for the financing district. 8. This Project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. 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. 10. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&R’s shall be submitted to and approved by the Planning Director prior to final map approval. The CC&R’s shall include tinditions guaranteeing that the HOA shaii maintain ail natural open space and slope maintenance easements and offsite manufactured slopes shown on the approved tentative mapbndscape plan. 22f PCRESON0.3869 -8- 1 2 2 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 11. 12. 13. 14. 15. 16. 17. 18. h Conaurent with the record&ion of the final mm a maintenance easement to the Homeowner% Association shall be recorded over the manuftired slopes of Lots 5, 15,16,17,18,19,20, and 21 abutting Open Space Lot “A” and the area within the 50 foot landscaped setback of Lots 78,79,80,81,82,83,84, and 86. Prior to the approval of the finai map and subject to approvai of LCPA 95-09, ZC 93-04, SDP 93-07, HDP 93-09, the Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carl&ad has issued a tentative map (CT 9349) for a 93 lot residential subdivision on the real property owned by the developer. Said Notice of Restriction shall note the property description, location .,of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the developer or successor in interest. The Developer shall provide a minimum of 25 percent of the lots with adequate sideyard area for Recreational Vehicle storage pursuant to City Standards. The CC&R’s shall prohibit the storage of recreational vehicles in the required front yard setback. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape 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. 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. 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 and the Planning Director. 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. 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. Prior to approval of the final map, the Developer shall receive approval of a Coastal Development Permit issued by the California Coastal Co-a that substantially conforms to this approval. A signed copy of the Coastal Development Permit must PC RESO NO. 3869 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 f 23 24 25 26 27 28 19. 20. 21. 22. 23. be submitted to the Planning Director. If the approval is substantially different, an amendment to Tentative Tract Map CT 93-09 shall be required. Prior to approval of the final map, the Developer shall be required: (1) to consult with the United States Fish and Wildlife Service (USFWS) regarding the impact of the project on the Coastal California Gnatcatcher, and; 2) obtain any permits required by the USWFS. The Developer, or their successors in interest, shall improve the project Site with the Project as described in the Final EIR 90-03, except as modified by this resolution. The Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). Prior to the approval of the final map for any phase of this Project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 16 dwelling units on Lot 93 as affordable to lower-income households for the useful life of the dwelling units and to pay to the City an amount of money equal to 24 times the average subsidy needed to make affordable a iower- income household, as appropriate, one newiy constructed typical attached housing unit in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director not later than 30 days after the submittal of the final map. Upon showing by the developer that an onsite contribution is not appropriate for the project, a second inciusionay housing option available to the developer shall be that prior to final map approval, the developer shall enter into an agreement with the City to purchase affordable credits from Villa Loma or participate in an offsite combined inciusionary project within the southwest quadrant and as appropriate, in accordance with the requirements set forth in Chapter 21.85 of the Carisbad Municipal Code, the Zone 20 Specific Plan, and City Council Policies 57 and 58 dated September 12, 1985. Prior to City Council approval, the developer shall submit a signed Affordable Housing Agreement to the Housing and Redevelopment Director. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Concurrent with any proposal to satisfy the project’s inciusionaty housing requirement in an offsite combined inciusionary project+ the developer shall process a tentative map revision to the Ocean Bluff project in which the total number of onsite single family residential lots shall not exceed 96 in accordance with the density permitted by the Growth Management Growth Control Point for the parcel. PC RESO NO. 3869 -lO- ; : L c . E i l 5 1C 11 12 13 14 15 16 17 16 19 20 21 22 f 23 24 25 26 27 28 24. PriortoCityrevi~urd~~~dthcdlsitcoption,tbcrppnwrldrSpccinc Plan amendment to SP 203 shail be requlrai to designate the proposed offsite combined lnclusionary project as an approved location for the provision of affordable units to satlsiy the inclusionary requirements of Zone 20 properties, Environmental Conditions: 25. 26. 27. 28. To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Meiio II Locai Coastai Program, prior to approval of the linal map, the applicant shall provide payment of an agricuiturai mitigation fee, the amount of which shall not be less than $5,000 nor more than $10,000 per net converted m The amount of the fee shall be determined by the City Council prior to approval of the final map and shall be consistent with the provisions of Carisbad’s LCP. Improvement plans shall be submitted to the City for review and approval showlng locations/sizing of reclaimed water and/or urban runoff diversion facilities, in accordance with the Carl&ad Municipal Water District rcqulrements and phasing schedule provided in the Zone 20 LFMP. The Homeowners Association shall obtain and distribute to owners and tenants annual infmation from Caitrans and NCTD regarding the availability of public transportation, ride sharing and transportation pooling services in the area. This information shall also be provided in the sale.s/rental offices. A condition stating this.shali also be placed in the CC&R% for the project. Compliance with APCD Rules 51 (‘The “Nuisance” Rule), 52 (Particulate Matter), and 54 (Dust and Fumes) of the Air Quality Chapter would effktlveiy mitigate dust impacts generated during grading operations. A note shall be placed on the grading permit stipulating that the following measures shall be required to achieve compliance wlth these rules and reduce construction related alr poiiutantsz a8 The watering of all surfaces being graded and haul routes shall be required during dry weather conditions. , A All unpaved areas shall be revegetated according to the approved landscape plans as soon as possible after grading. c All construction-related traffic shall be twstrlcted to routes that are dust- controlled, reduced speed limits &ail be maintained for all haul and construction vehicles, d. All construction actlvltles shall be limited during periods of high winds. e. Ail heavyduty, diesel powered construction equipment shall be operated according to manufacturers suggcgted operating instzwtlon (with the fuel iqjectlon timing r&arded to -mended levels of NOs emissions, but which would not result in excessive visible smoke emissions) in order to 37 PC RESO NO. 3869 -110 - I cokrol polhtant emissions. I. Construction equipment shaI1 be subject to regulariy scheduled maintenance/tune-ups, and be turned off when not being utiiized to avoid excessive idling emissions. g* The application of architecturai coating and cut-back asphalt shall adhere to APCD Rules 679 and 67.7, to effectively control other construction-related emissions of air pollutants. h. The Engineering Department shail monitor for compliance during ail grading operations of the project. 29. 398 acres of Coastai Sage Scrub (CSS) habitat will be directly impacted by this project.. One pair of California Gnatcatchers (Polioptiia caiifomica) was observed on the proper@ therefore, the impacted CSS habitat is regarded as high quality. Pursuant to the Interim Take provisions of the 4d Rule for the California gnatcatchers, the project shall be required to mitigate this take of 3 38 acres of CSS by acquiring for preservation comparable quality habitat at a 21 ratio. Prior to the recordation of the first Rnai tract map, the applicant shaii mitigate this impact by purchasing for preservation 796 acres of comparable quaiity CSS habitat wIthin the high quality, coastai sage scrub area found in the Carisbad Highlands mitigation bank upon approvai of the US Fish and Wildlife Sewice (USFWS), the California Department of Fish and Game and the City of Carisbad. 30. Removal of native vegetation and development of Open Space Lot “A”, including but not limited to fences, wails, decks, storage buildings, pools, spas, stairways, and landscaping, is speciiicaiiy prohibited, except upon written order of the Carisbad Fire Department for fire prevention purposes, or upon written approvai of the Planning Director, and (California CoastaI Commission if in Coastai Zone), based upon a request fmm the Homeowners Association accompanied by a report from a qualified arborist/botanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dueiilng units. For areas containing native vegetation the repott required to accompany the request shdl be prepared by 8 quaiified bioiogist. 31. Aa oversized culvert is recommended to be instailed under the Potnsettia Lane extension at the SDG&E easement to maintain and enhance wiidiife connectiona The feasibility of constructing an oversIzed cuivert at thIo locatIon shail be evaiuated at the time roadway improvement plans are submitted to the City Engine&ring Department fw review. Specific mitigation measures required to be incorponted into the design of these culverts, if newsary, shail be based on future biological studies, subject to review and approvai by the Pianning Director. 32. The Dev5loper shall dedicate on the ihal map, an open space easement for Lot A plus the portion of Lots 78,79,80,81,82, ii3,84, and 86 identified on Exhibit “A” as a W landscaped setback wacent to Poinsettia Lane in their entirety to prohibit any encroachment or development, including but not limited to fences, wails, decks, PC RESO NO. 3869 -120 CSB 1 c ': c 4 c b E 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 I 23 24 25 26 27 28 33. 34. 35. 36. 37. 38. 39. -, storage buildings, pools, spas, stairways, and landscaping, other than that approved as part of landscape plan as shown on Exhibit “K”. Prior to approval of the Enal map, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement the trail shown on the Tentative Map within Lot(s) 78,79,80,81,82,83, U, and 86. If, prior to Enal map, the City of Carlsbad accepts dedication of the trail easement and assumes responsibility for maintenance and liability then the Developer shall be required to construct the trail. If the City of Carlsbad does not accept liability and maintenance responsibility for the Citywide Trail System, prior to recordation of the final map, the Developer will not be required to construct the trail(s). Prior to the recordation of the first final tract map. or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed Poinsettia Lane Transportation Corridor in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #l on file in the Planning Department). Prior to the recordation of the first fmal tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight, and sound of aircraft operating from Palomar Airport in a form meeting the approval of the Planning Director and the City Attorney (see Noise, Form #2 onfile in the Planning Department). In accordance with the Ocean Bluff Acoustical Study prepared by James C. Berry, Acoustician, prior to occupancy of any of the dwelling units, the developer shall construct a continuous 6 fad high noise barrier wail above a minimum 1 foot high berm as shown on Exhibit “A”, Section B-B. The design of the wall shall be included on the landscape plans for the project and shall require the review and approval of the Planning Director. Prior to occupancy of individual units within the subdivision, the deveioper shall instail a solid wall or fence and landscaped windbreaks aiong the perimeter of any future developable area that abuts property under “open fieid” cultivation in order to reduce public nuisance effects of adjacent pesticide spraying and dust generation fkom farm vehicles and operations. Prior to approvai of a final map or issuance of a building permit, whichever occurs first, an infrastmcture improvement plan shail be submitted to the Pknning and Engineer@ Departments for review and approval by the planning Director and City Engineer. This plan shall iiiustrate the temporary road connections required to maintain continued access to adjacent agricultural properties that could be impacted by future roadway improvements. Prior to-qprovai of a final map or issuance of building permits, whichever occurs first, the applicant shall notify to the satisfaction of the Pianning Dire&or and City Attorney, all ownerq users and tenants of this project that this area is subject to dust, pesticides, and odors associated with adjacent agricultural operations, and that PC RESO NO. 3869 -130 al - 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I 23 24 25 26 27 28 40. 41. 42. 43. . . . . the owners, users, and tenants occupy this area at their own risk. Paleontology: a. Prior to any grading of the Project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist’s report shall be provided to the Planning Director prior to issuance of a grading permit; b. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; C. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; d. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum; e. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. Prior to issuance of a building permit the project shall comply with the City of Carlsbad’s standards for solid waste management. All grading shall comply with the recommendations of the Ninyo and Moor Geotechnical Investigation, dated February 6, 1989, performed for the project and on file in the Planning Department. Prior to the issuance of building permits, the general visual design guidelines identified on Table 3.13.1 in EIR 90-03, the hillside architectural standards in SP 203, and the hillside architectural design requirements of Carlsbad Municipal Code Section 21.95.060(g) shall be incorporated into the proposed architecture on lots 1-92 and submitted to the Planning Director for approval, subject to appeal to the Planning Commission within 10 days of the Director’s decision, in accordance with the procedure in Carlsbad Municipal Code Section 21.95030. In accordance with the visual analysis performed for the project, residential structures on Lots 53-60 and 32-36 shall be limited to a single story element for at least XV% of the building coverage. 30 PC FIESO NO. 3869 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 f 23 24 25 26 27 28 44. The Developer shall construct the required inclusionary units concurrent with the pro&cVs market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. EnPineerine Conditions: 45. If the developer chooses to construct out of phase, the new phasing must be reviewed and approved by the City Engineer and Planning Director. 46. The developer 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. 47. The developer shall pay the current local drainage area fee or shall construct drainage systems in conformance with Master Drainage Plan and City of Carlsbad Standards to the satisfaction of the City Engineer. 48. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. 49. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions, shown in part on the tentative map and listed as follows: a. The storm drain easement on Lot 33 shall be 20 feet wide as required by City Standards. b. All the internal streets as shown on the tentative map. C. The portions of Poinsettia Lane and Blacktail Court within the subdivision boundaries. d. A 60 foot wide extension of Street “D” across Lots 22 and 21. The offer shall be made by a certificate on the final map. All 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. 50. The developer shall disclose to all prospective buyers of any unit of this subdivision that: a. The 30 foot wide interim access easement between Street “D” and Blackrail Court will be closed to vehicular traffic when Poinsettia Lane between PC RESO NO. 3869 -15- 3/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 23 24 25 26 27 28 51. 52. 53. 54. 55. 56. - Blackrail Court and Street “A” is constructed. b. The 60 foot wide offer of dedication across Lots 22 and 21 is for future street purposes and may be opened as a street when the land area to the north is developed. The above disclosure may be in the form of a recorded agreement, non-mapping notes on the final map, deed restrictions or another method satisfactory to the City Engineer and Director of Planning The developer shall underground all existing overhead utilities onsite along the subdivision boundary. Direct access rights for all lots abutting Poinsettia Lane and Blackrail Court shall be waived on the final map. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form provided by the City. The developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer The temporary basin shown on Lot 1 shall be designed to the satisfaction of the City Engineer. The basin shall remain in use until the City Engineer determines it is no longer needed or until Basin CF per the Master Drainage and Storm Water Quality Management Plan is constructed. The developer shall enter into a basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of grading, building permit or final map whichever occurs first for this project. The basin shall be serviced by an all-weather access/maintenance road. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: Onsite Phase One: A. Streets “G”, “II”, and that portion of “F” within the phase one boundary to standard full width improvements as shown on the tentative map. PC RESO NO. 3869 -16- 3a 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 B. C. D. The onsite and contiguous portion of Blackrail Court shall have full half street improvements plus 12 feet of paving, drainage facilities and all utilities normally required to be beneath the paving. Street “F’ from the phase one boundary to street “I>“, street “D” from street “F’ to street “B”, street “B” from street “D” to street “A” and street “A” within and contiguous to the subdivision boundary shall have full half street improvements plus 12 feet-of paving, drainage facilities including the basin on lot one and all utilities normally required beneath the paving. The required sewer and water lines from Blackrail Court within the alignment of street “D” to street “B”: Onsite Phase Two: E. Full improvements to streets “D”, ” E”, and “F.” Street “D” shall be redesigned to provide a full width City standard road access to Blackrail Court with the exception that the right-of-way shall be reduced to 56 ft. between Street “E” and Blackrail Court. The design of said connection and reconfiguration of the adjoining lot shall be to the satisfaction of the City Engineer and Planning Director. F. That portion of Poinsettia Lane within the subdivision. Onsite Phase Three: G. Full improvements to streets “B” and 7’. Offsite Phase One: H. Blackrail Court from Alga Road to the southerly project boundary shall have full half street improvements plus 12 feet of paving including curb and gutter, sidewalk, drainage facilities and street lights on one side within a minimum 42 foot wide publicly dedicated easement in compliance with the cul-de-sac standard as determined by the City Engineer. Also included are all utilities normally required to be beneath the paving. This project is not required to underground the overhead utilities offsite. The developer shall enter into a secured agreement with the City guaranteeing the subdivision’s pro-rated share of the design and construction cost for the future installation of City Standard trafI’ic signals at the intersection of Poinsettia Lane with Blackrail Court and Street “A” based upon the project’s share of average daily trafl’lc which benefits from the traffic signal. I. Street “A” shall be extended to connect the southwestern portion of the project site to Poinsettia Lane approximately 1200 feet west of the Blackrail Court intersection. This extension offsite from the project shall have a minimum 32 PC RESO NO. 3869 -17- 33 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 57. 58. 59. 60. 61. foot wide paved street within a 42 foot wide publicly dedicated easement, all utilities normally required to be beneath the proposed paving and drainage facilities. J. Poinsettia Lane between Alga Road and the extension of Street “A” shall have a 32 foot wide paved section meeting major arterial standards. The roadway shall lie within a 60 foot wide publicly dedicated easement. All roadway and easement alignments shall conform with the future Poinsettia Lane alignment. Drainage facilities, as needed, shall be included along with all utilities normally required to be beneath the paving. K. The intersection of Alga Road and Poinsettia Lane shall be restriped and /or modified. Needed transition sections shall be provided. A list of the above improvements shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. The developer shall pay for the full improvements for Poinsettia Lane and Alga Road in accordance with a future funding mechanism, or pay fees paid, in conformance with the updated Zone 20 Local Facilities Management Plan funding program. The developer may apply for a reimbursement agreement. Approval of this tentative tract map shall expire twenty-four (24) months from the date of City Council approval unless a final map is recorded. An extension may be requested by the developer. 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. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 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. The developer must submit and receive approval for grading plans in accordance with City Codes and Standards. Prior to issuance of a building permit for the project, a grading pennit shall be obtained and grading work shall be completed in substantial conformance with the approve grading plans. The developer may apply for and obtain a mass grading permit when submitting the first final map. NOTE: If the disturbed area is five acres or more, prior to the issuance of a grading permit or building permit, whichever occurs first, the developer PC RBSO NO. 3869 -18- .3+ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 23 24 25 26 27 28 4 shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. 62. No grading for private improvements shall occur outside the limits of the project unless a grading or slope easement is obtained from the owners of the affected properties. If the developer is unable to obtain the grading or slope easement either the tentative map shall be amended or the plans shall be modified so grading for private improvements 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. 63. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The applicant shall conform to Section 20.16.095 of the Carlsbad Municipal Code. 64. Prior to issuance of a building permit for any buildable lot within the subdivision, the property owner shall pay a one-time special development tax in accordance with City Council Resolution No. 91-39. 65. 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. Fire Conditions: 66. 67. 68. 69. Prior to building occupancy, private roads and driveways which serve as required access for emergency service vehicles shall be posted as fire lanes in accordance with the requirements of Section 17.04.020 of the Carlsbad Municipal Code. Prior to issuance of the building permit, the applicant shall obtain Fire Department approval of a wildland fuel management plan. The plan shall clearly indicate methods proposed to mitigate and manage fire risk associated with native vegetation growing within 60 feet of structures. The plan shall reflect the standards presented in the fire suppression element of the City of Carlsbad Landscape Guidelines Manual. Prior to occupancy of buildings, all wildland fuel mitigation activities must be complete, and the condition of all vegetation within 60 feet of structures found to be in conformance with an approved wildland fuel management plan. Prior to issuance of building permits, the Fire Department shall evaluate building plans for conformance with applicable fire and life safety requirement of the state and local Fire Codes. Applicant shall submit a site plan to the Fire Department for approval which depicts location of required, proposed and existing public water mains and fire hydrants. This plan should include off-site fire hydrants within 200 feet of the project. PC RESO NO. 3869 -19- 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I 23 24 25 26 27 28 70. 71. 72. 73. 74. 75. Provide additional public fire hydrants at intervals of 500 feet along public streets and/or private driveways. Hydrants should be located at street intersections when possible, but should be positioned no closer than 100 feet from terminus of a street or driveway. The applicant shall provide a street map which conforms to the following requirements: a 400 scale photo-reduction mylar depicting proposed improvements and at least two existing intersections or streets. The map shall also clearly depict street centerlines, hydrant locations, and street names. Applicant shall submit a site plan depicting emergency access routes, driveways and traffic circulation for Fire Department approval. An all weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When in the opinion of the Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may, in the interest of public safety, require that construction operations cease until the condition is corrected. All required water mains, fire hydrants, and appurtenances shall be operational before combustible building materials are located on the construction site. Prior to final inspection, all security gate systems controlling vehicular access shall be equipped with a “Knox” key operated emergency entry device. Applicant shall contact the Fire Prevention Bureau for specifications and approvals prior to installation. Water District Conditions: 76. 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. 77. The developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permits. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. 78. Sequentially, the Developers Engineer shall do the following: a. Meet with the City Fire Marshall and establish the fire protection requirements. Also obtain G. P. M. demand for domestic and irrigational needs from appropriate parties. b. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. PC RESO NO. 3869 -2o- 3b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I 23 24 25 26 27 28 h C. Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (ie - GPM - EDU). 79. This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district sening 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 time of occupancy. This note shall be placed on the final map. General Conditions: 80. 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 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. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 81. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. Fees: 82. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 83. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Final Map Notes: 84. The Developer shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City: ‘Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapters 21.90 and Chapter PC RESO NO. 3869 -21- 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I 23 24 25 26 27 28 - 21.53 allowing density increases upon City Council approval. The land use designation for this development is RLM. The Growth Control Point for this designation is 3.2 dwelling units per nonconstrained acre. Parcels 1 - 93 and Lot “A” as shown on Exhibit “A” were used to calculate the intensity of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include parcels under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code.” 85. 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." General: 86. 87. 88. 89. 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 provided herein. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. 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. 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. Landscape: 90. 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. Signs: 91. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. . . . . PC RESO NO. 3869 -22- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Erwin, Monroy, Nielsen, Noble and SavaIy NOES: None ABSENT: None ABSTAIN: None ATTEST: Planning Director PC RESO NO. 3869 KIM WELSHONS, Chairperson CARLSBAD PLANNING COMMISSION -23- 3? PLANNING COMMISSION RESOLUTION NO. 3870 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 RESOLUTION OF THE P LANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN NO. SDP 93-07 ON FUTURE LOT 93 OF PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF FUTURE POINSETTIA LANE AND BLACKRAIL COURT wlTHINTHEzoNE2o SPECIFIC PLAN BOUNDARIES. CASE NAME: OCEAN BLUFF CASE No: SDP 93-07 I WHEREAS, Ocean Bluff Partnership has filed a verified application for certain property described as future lot 93 of; Lot 3 in Section 22, Township 12 south, range 4 west, San Bernadine base and meridian la the County of San Diego, State of California, excepting therefrom those portions thereof lying north of the south boundary line of Ranch0 Agua Hedionda, as said south line was established May 5, 1913, by decree of the Superior Court of the State of California, in and for San Diego County, in that certain action (No. 16830) entitled Kelly Investment Company, a corporation, vs. Clarence Dayton Hlllman and Bessie Olive Hlllman. WHEREAS, said verified application constitutes a request for a Site Development Plan approval as shown on Exhibit “H-I”, dated December 20,1995 on file in the Planning Department and incorporated by this reference (“SDP 9347”) as provided by Chapter 21.53 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commiaaion did, on the 20th day of Deeember, 1995, consider said request; WHEREAS, at said public hearing, upon hearing and considering aU testimony and arguments, if any, of aU persons desiring to be heard, said Commission considered all factors relating to SDP 93-07. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 That the foregoing recitationa are true and correct. “/O . 1 2 3 4 5 8 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 : 23 24 25 26 27 28 - B) That based on the evidence presented at the public hearing, the Commission qpPROVES Site Development Plan, SDP 9347, based on the following !Mings and subject to the following conditions: 1 Findin= 1. Ail findings contained in Planning Commisslon Resolution No. 3869 for CT 93-09 are incorporated herein by reference. 2. That the requested use is: a) properly related to the site, surroundings and environmental settings, b) is consistent with the various elements and objectives of the General Plan; c) wiii not be detrimental to existing uses or to uses specificaliy permitted in the area in which the proposed use is to be located; and d) wili not adversely impact the site, surroundings or traffic circulation, in that; a The 16 unit affordable apartment proJect is properiy related to the site and surrounding single family residential deveiopment since: (1) it is consistent with the City’s Inciuslonaq Housing Ordinance (Chapter 21.85 of the Zoning Ordinance) due to its proximity to future Poinsettla Lane+ a mqjor circulation arterlai and within one-two miles of three mqjor industrial centers offerlng employment opportunities. Ail public facliltles, including the construction of Poinsettia Lane and Biackrali Court, necewuy to senl the project wlii be provided; (2) it wlii consist of two separate multi-family structures totaiing 12,160 square feet with ample open space area surrounding each structure which wlii be compatible in scaie with the proposed single family development; and (3) the project is located at the southwest corner of the site where access to the apartment units wlii be provlded from a non-loaded iocai street which wlii provlde direct access to Poinsettia Lane, a mqjor arterial roadway. The pro@t’s iocatlon is therefm oriented so that apartment trafl’ic will not be required to clrcuiate through the slngie family neighborhood. bl. The 16 unit apartment housing project located wlthln the Zone 20 Specific Plan, which will be affordable to lower income househoids, 1s con&tent with Policy 3.6.a of the Housing Element in that it represents 15% of the total units in the Ocean Bluff proJect. The project, which requires a 11.8% density increase above the growth controi point, is aiso con&tent wlth Housing Poilcy 3.8 in that the aiiocatlon of “excess units” to houslng development for low income households is given the highest priocity. b2. ‘Ilw provlslon of onslte affixdable units resuits in a proJ& denslty of 3.6 dwclilng units per acre which exceeds the Growth Management Control Point of 3f dweiiing units per acre and requires approvai of a 11.8% density increaw The proposed density increase is therefiwe consistent with Policy 3.74 aiiowing discretionary consideration of denslty lncreasa through the processing of a site deveiopment plan in accordance with and implemented by Chapter 21.!i3.l20 of the Zoning Ordinance for affordabie housing projects of any slzc PC RESO NO. 3870 -20 1 2 2 4 c * a 7 a 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 f 23 24 25 26 27 28 3. 4. 5. . . . . . . . . - b3. The proposed density increase of 11.4 dweiiing unlts ahove the Growth Management Control Point fw the purpose of providing 16 affordable apartment units onslte to satisfy the project’s incluslonary housing requirement is consistent with Policy 38 aiiowlng excess dwelling unlts to be allocated with the top priority being housing development lot low and very low income households. c. The project is compatlbie with surrounding vacant and agrlcuiturai development in that it wlii not impact agrlcuiturai uses due to separation from these uses by road rlghti-way and buffers in the form of 29 of separation and/or 6’ wails. The overall project, including the 16 unit apartment project, is within the low-medium Generai Pian residential density range which wlii be consistent with future development of surroundlng properties also designated for low-medium residential density. Compatlbiilty is also achieved since both the pro&xt and surrounding properties will be developed with standard single family or clustered multi-family units. d. The project site is currently not served by a public road and surrounding uses are ilmited to agricuiturai and residential dwellings. The 16 unit apartment project wlil not be detrimental to surroundlng resldentiai uses since ail public facilities including the construction of Poinsettia Lane and Blackrail Court necessaq to serve the project will he constructed which wlii provide access and utilities to the site, and 2!P sepaMlon between uses and intervening 6’ wails will mitigate potentlai conflicts between residential and agricultural Uses. That the site for the intended use is adequate in size and shape to accommodate the two-story 16 unit apartment project in the R-l zone, since coverage of the .76 acre site is 23.6% (weii beiow the 60% maximum coverage allowed by the Specific plan), and front, side, and rear setbacks exceed the minimum required. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, since the 16 unit apartment project wlii exceed the minimum required setbacks and 36.7% of the site consists of landscaped coverage. AddMionaRy, a mlnlmum of 200 square feet per unit of private and common ramatlonai open space and 34 parking spaces to satisfy the Parking Ordinance standard for multi-family dweiilngs wlil be provided. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that ingress and egress to and fkom the project will be provided from a non-loaded puMic street (Street A) providing direct access to Polnsettla Lane which will operate at an acceptabie iev4 and on-she circulation in accordance with City Standards will be provldcxL PC RFSO NO. 3870 -30 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 9 23 24 25 26 27 28 Conditiosa: Planning Conditions: 1. 2. 3. 4. 5. 6. The Pianning Commission does hereby recommend APPROVAL of the Site Deveiopment Pian for the affordable apartment project entitled “Ocean Bluff”, 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 Site Development Pian Documents, as necessary to make them internally consistent and conform to City Council’s Ginal 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 SDP 93-07 is granted subject to City Council approval of LCPA 95-09, ZC 9344, CT 93-09, and HDP 93-09 and the Housing Commission% recommendation of approval for the requested,density increase incentive. SDP 93-07 is subject to all conditions contained in Planning Commission Resolution Nos. 3867,3868,3869, and 3871 dated December 20,199s. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Site Pian as approved by the final decision making body. The Site Plan shall reflect the conditions of approval by the City. The Plan copy shall be submitted to the City Engineer and approved prior to building, grading, fmal map, or improvement plan submittal, whichever occurs first. The Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. Ibt project shaii comply with the Zone 20 Specific Plan Architecturai Standards for building materials and coiors. Fire conditioar: 7. All buildings having an aggregate floor area in excess of 10,ooO square feet must be protected by automatic fire sprinkler systems. Plans and specifications must be approved by the fire department and a permit obtained prior to installation. 8. Proposed multi-family residential buildings must be protected by fire alarm systems. Plans and specifications must be approved and a permit obtained prior to installation. 9. A monument sign shall be installed at the entrance to the driveway indicating the PC RFBO NO. 3870 4 1/3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 ? 23 24 25 2s 27 28 C ztddmum of the buildings on site. 10. Prior to issuance of building permits, the Fire Department shall evaluate building plans for conformance with applicable fire and life safety requirements of the state and local Fire Codes. 11. Provide additional public fire hydrants at intervals of 300 feet along public streets and private driveways. Hydrants should be located at street intersections when possible, but should be positioned no closer than 100 feet from terminus of a street or driveway. 12. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities. Water Conditions: 13. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to insure that adequate capacity, pressure and flow demands can be met. 14. The developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permits. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. 15. Sequentially, the Developers Engineer shall do the following: a. Meet with the City Fire Marshall and establish the fire protection requirements. Also obtain G. P. M. demand for domestic and irrigational needs from appropriate parties. b. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. C. Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (ie - GPM - EDU). 16. This project is approved upon the expressed 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 setice and sewer facilities are available at the time of application for such water service and sewer permits will continut-to be available until time of occupancy. This note shall be placed on the final map. . . . . PC RESO NO. 3870 -5- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 I 23 24 25 26 '27 28 - PASSED, APPROVED, AND ADOFTED at a regular meeting of the Planning commission of the City of Carlsbad, California, held on the 20th day of December, MS, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Envin, Monroy, Nielsen, Noble and Savary NOES: None ABSENT: None ABSTAIlt None KIM WELSHONS, Chairperson CARLSBADPLANNIN G COMMISSION AITESTZ Planning Director PC RESO NO. 3870 4% 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I 23 24 25 26 27 28 P-G COMMISSION RESOLUTION NO. 3876 A RESOLUTION OF THE ~PLANNIN G COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL A HILLSIDE ’ DEVELOPMENT PERMIT AND EXCLUSIONS FROM THE APPLICATION OFTHE HlLLSIDE ORDINANCE ON PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF FUTURE POlNSETTlA LANE AND BLACKRAIL COURT WlTHlN THE ZONE 20 SPECIFIC PLAN BOUNDARIES. CASE NAME: OCEAN BLUFF CASE NO: HDP 93-09 WHEREAS, Ocean Bluff Partnership has filed a verified application for certain property to wit: Lot 3 in Section 22, Township 12 south, range 4 west, San Bernadlno base and meridian in the County of San Dkgo, State of Cdiforni* excepting therefkom those portions thereof lying north of the south boundary line of Ran&o Agua Hedionda, as Said south line was established May 5, 1913, by decree of the Superior Court in the State of Callfornia, in and for San Dlego County, in that ctin action (No. 16830) entitled Kelly Investment Company, a corporation, vs. Clarence Dayton Hillman and Bessie Olive Hillman. . which has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibits “A-G, M and N”, dated December 20,1995 on file in the Plauuiug Department and iacocpomted by this nlenna (“HDP 93-09’7, as provided by Chapter 2135 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 20th day of December, 1995, consider said request; and WHEREAS, at said 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 the Hillside Development Permit; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 f 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning commission as foiIows: 4 That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission Ch of Hillside Development Permit, HDP 93-09, co based on the following findings and subject to the following conditions: Findinns: 1. That hillside conditions have been properly identified on the constraints map (Exhibits “G” and “M” dated December 20,199S) which show existing and proposed conditions and slope percentages; 2. That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map (Exhibits “G” and “M” dated December 20,1995); 3. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that onsite project grading, which is terraced from west to east, follows existing topography up to a ridge line which is retained to the greatest extent possible. Grading voiumes of 5,29Q cy/acre arc within the acceptable rangq and manufactured cut and fill slopes will not exceed 30 f& in height and will he visually screened with landscaping. Compliance with Hillside Architectural guideilnes will he accomplished through the processing of an amendment to this Hillside Deveiopment Permit. 4. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to prcwisions of Section 21.53230 of the Carlsbad Municipal Code, in that the onsite grading will avoid disturbance to hillside slopes exceeding 25%. Grading necessaq for the extension of Poinsettia Lane, a mqjor circulation eiement roadway, will encroach into 2!5%+ slopes, however, grading necwsary for circulation element eys is hereby excluded fiom the provisions of the Hillside Development Ordinance by the planning Commission pursuant to !Sectlon 21.95490 of the CMC. 5. That the project design and lot configuration minimizes disturbmce of hillside lands, in that existing slopes exceeding 25% are avoided and prqwed grading will conform to the existing land contour. 6. That the project desip substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that length and height of cut and fill slopes are limited and’designed to avoid straight, fiat faces to the greatest extent possible,-and adequate landscape screening of slopes is provided. Vkw preservation aud enhancement is ensured through landscaping of manufactured slopes, and conformance with the hillside arcbitectwal development -s will be ensured onLot93~tdcr/~sdbrrclu~thctoplolm~~~ntlslopes,mdon PC RESO NO. 3871 -20 47 - 1 single family Lots 1-92, conformance will be ensured through the review and 2 apprwai of architecture as an amendment to this Hillside Deveiopmeut Permit. 3 Condlthqz 1. ‘The Planning Commission does hereby recommend approvai of the Hillside Development Permit for the residential subdivision project entitled “Ocean Bluff, 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 Hillside Development Permit 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. 4 5 6 7 8 9 10 11 12 13 14 PlanningCommissi on of the City of Carlsbad, California, held on the 20th day of December, 15 1995, by the following vote, to wit: 2. Approval of HDP 93-09 is granted subject to the approval of LCPA 95-09, ZC 93-04, CT 93-09, and SDP 93-07. HDP 93-09 is subject to all conditions contained in Planning Commission Resolution Nos. 3867,3868,3869, and 3870 dated December 20, 1995. PASSED, APPROVED, AND ADOPTED at a regular meeting of the 16 17 AYES: Chairperson Welshons, Commissioners Compas, Erwin, Monroy, Nielsen, Noble and Savary 18 NOES: None 19 ABSENT: None 20 21 22 : 23 24 ABSTAN None WIUH~NS, Chairperson CARLSBAD PUNNING COMMISSION 25 II I ATTESTZ 26 * 27 28 (1 Piafmhg ~~dm PC RESO NO. 3871 -39 - 4 EXHBIT 5 Item No. 2 0 P.C. AGENDA OF: December 20, 1995 Application complete date: September lo,1993 Project Planner Anne Hysoq Project Engineer: Jim Davis SUBJECT: LCPA 95-09/X 93=04/CT 93=09/SDP 93=07/HDP 93-09 - OCEAN BLUFF 1 Request for a Local Coastal Plan Amendment, Zone Change, Tentative Tract Map, Site Development Plan and Hillside Development Permit to rezone from L-C to R-l a vacant, 31.2 acre site and subdivide 92 single family lots and one multiple family lot with 16 affordable apartment units on property generally located at the northwest comer of future Poinsettia Lane and Blackrail Court in the Zone 20 Specific Plan area and Local Facilities Management Zone. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution Nos. 3867,3868, 3869, 3870, 3871 RECOMMENDING APPROVAL of LCPA 95-09, ZC 93-04, CT 93-09, SDP 93-07, and HDP 93-09 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant is requesting approval of various permits to subdivide and grade the 31.2 acre hillside parcel into 92 standard single family lots, one open space lot, and one multiple family lot with 16 affordable apartment units to satisfy the project’s inclusionary housing requirement. As designed and conditioned, the project is in compliance with the General Plan, Zone 20 Specific Plan, Mello II LCP, the Subdivision Ordinance, and the relevant Zoning Chapters of the Carlsbad Municipal Code. III. PROJECT DESCRIPTION AND BACKGROUND The Ocean Bluff project is located within the boundaries of Area C of the Zone 20 Specific Plan and the Mello II segment of Carlsbad’s Local Coastal Program (LCP). The site is designated RLM by the General Plan allowing low-medium residential density (O-4 dwelling units/acre) and is zoned L-C allowing agricultural uses. The project consists of 16 affordable units and 92 single family lots resulting in a proposed project density of 3.6 dwelling units per acre which exceeds the RLM growth control point of 3.2 dwelling units per acre; therefore, the project requires approval of a site development plan for a 11.8% density increase. The proposed subdivision of the Ocean Bluff parcel into residential lots requires approval of a Local Coastal-Plan Amendment and Zone Change to the R-l single family zone. C h LCPA 95-09/X 93-04,bI’ 93-09/SDP 93-07/HDP 93-09 - G&AN BLUFF DECEMBER 2Ql995 PAGE 2 The site consists of approximately 31 acres of vacant, previously cultivated land which is surrounded by rural residential and agricultural properties. Although the parcel rises in elevation approximately 100 feet from west to east and contains a north-south trending ridge in the eastern third of the property, the majority of the parcel is relatively flat with slopes less than 15%. A 3 acre, steep sided ravine located at the northwestern comer consists of +25% slopes containing southern mixed chaparral. The ravine, identified as Gpen Space Lot “A” on Exhibit “A”, will be dedicated as permanent open space and maintained by the Homeowner’s Association. The site conditions described above require compliance with the Hillside Development Ordinance development guidelines regulating grading and architecture, however, architectural elevations are not included as part of the project at this time. The proposed grading design preserves ocean and backcountry views and consists of balanced grading to create terraced hillside lots which generally follow the existing topography, i.e., rising in elevation from west to east to the ridge line. The proposed single family lots are a minimum of 7,500 square feet in area and the multiple family lot containing a proposed 16 unit affordable apartment project is 34,410 square feet. The affordable project is located in the southwestern comer of the site in proximity to Poinsettia Lane, a major circulation arterial. As shown on Exhibits “A-P”, since the project does not front on an existing public street, access to the parcel will be provided by offsite improvements which include Street “A” from the project’s southwestern boundary to future Poinsettia Lane, Poinsettia Lane between its current easterly terminus and Street “A”, and Blackrail Court from its northerly terminus to the northeast comer of the project. The project’s proposed circulation design will also provide public street access to all adjoining properties. The provision of the necessary offsite improvements, i.e. Poinsettia Lane and Street “A” will result in impacts to approximately 4 acres of coastal sage habitat and one pair of California gnatcatchers. The proposed 4 acre coastal sage habitat take area is located within Preserve Planning Area 4 of Carlsbad’s draft Habitat Management Plan (HMP) containing approximately 84 acres of coastal sage scrub and 38 acres of chaparral habitat within its core area. The Ocean Bluff project is subject to the following land use plans, policies, programs, and zoning regulations: A. General Plan B. Zone 20 Specific Plan (SP 203) C. Mello II Local Coastal Program: (1) LCP Amendment (2) LCP Regulations D. Inclusionary Housing (Chapters 21.85 and 21.53 of the Zoning Ordinance) E. Hillside Development ordinance (Chapter 21.95 of the Zoning Ordinance) LCPA 95-09/X 934&,,T 93-09/SDP 93-07/HDP 93-09 - O&AN BLUFF DECEMBER 20,1995 PAGE 3 F. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance) G. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code) H. Draft Habitat Management Plan IV. ANALYSIS The recommendation of approval for this project was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. The following analysis section di scusses compliance with each of these regulations/policies utilizing both text and tables. A General Plan The Ocean Bluff project is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the proposed single family and integrated affordable multi-family project abutting a major circulation arterial roadway which the project will be conditioned to construct are the Land Use, Circulation, Noise, Housing, and Open Space and Conservation Elements of the General Plan. low medium density dwelling units/acre. tial development in which a affordable apartment project. permitted by the General Plan (Growth Control Point) to enable the development of low income t affordable housing project located in proximity to future Poinsettia Lane and adjacent land uses and in close proximity to a major roadway. single family development in that the two twestoty structures result in only 23.6% coverage of the 34,410 square foot lot and Seth&s are consistent with single family front, side, and rear yard setback requirements. A Cq LCPA 95-09/2X 93-04/~T 93WSDP 93-07/HDP 93-09 - O&AN BLUFF DECEMBER 20,1995 PAGE 4 consistent with existing actions and the development of construct/install all public facilities land only after adequate provision necessary to serve the subdivision has been made for public facilities and citywide and quadrant wide and services in accordance with public facilities are adequate in performance standards. demand; therefore the project is consistent with the Zone 20 Local Facilities Management Plan. income ranges. A minhnum of fifteen percent of all units approved for residential specific plans shall be affordable to lower income households. 3pen Space Recognixe and implement the Project is consistent with the Yes policies of the California Coastal Mello II LCP segment in that Act and the Carl&ad Local Coastal 25%+ slopes possessing chaparral prognun. plant communities (dual criterion) are preserved except for the Poinsettia Lane major circulation arterial roadway which is exempted from the “dual criterion” restriction by the Mello II LCP. Protect rare, threatened or endangered plant and animal communities. The proposed alignment of Poinsettia Lane and Street “A” will disturb approximately 4 acres of coastal sage scrub habitat and a single pair of California Yes gnatcatchers, however, mitigation at a 21 replacement ratio in the Carl&ad Highlands mitigation bank is a condition of approval. 3-2 - -. LCPA 95-09/Z 93-04/CT 93-09/SDP 93=07/HDP 93-09 - Octi BLUFF DECEMBER 20,1995 PAGE 5 development on hillsides. relatively flat, however, slopes exceeding 25% will not be disturbed and proposed grading the natural land trailways where trails are required for trail segment along Poinsettia serve the proposed development rior to or concurrent with needs. all street improvements prior to occupancy of any unit. interior noise level to which all residential units should be within the usable yard area of lots abutting Poinsettia Lane and project is conditioned to require * Project density exceeds the Growth Management Growth Control Point, however, a density increase is being processed and required findings have been made (see the following discussion under Affordable Housing and Inciusionary Housing). B. Zone 20 Specific Plan (SP 203) The Zone 20 Specific Plan requires project compliance with all applicable land use plans, policies, and ordinances, except as modified by the Specific Plan. The following discussion describes the proposed project’s conformance with the relevant Specific Plan regulations which include Affordable Housing, Land Use (General Plan, Zoning, Development Standards, and the Mello II LCP), and Gpen Space Preservation. Affordable Housing The Zone 20 Specific Plan requires consistency with the City’s Inclusionary Housing Ordinance requiring that 15% of the total number of proposed units are made affordable to low income households. When feasible and compatible with surrounding land uses, the affordable units are required to be built onsite, unless an ofkite contribution of units is approved by the City Council upon a showing by the developer that an onsite contribution is not appropriate for the particular - LCPA 95-09/X 93-04/CT 93-09/SDP 93-07/HDP 93-09 - GC&IN BLUFF DECEMBER 2Ql995 PAGE 6 development. To enable the higher densities necessary for affordable projects, the Specific Plan permits modification or waiver of development standards including increases in density to be accommodated through the Site Development Plan process. The project’s 15% inclusionary requirement is 16.24 dwelling units. The proposed project includes a request for approval of a site development plan for a 16 unit affordable apartment project located on Lot 93 in the southwest cOmer of the site to satisfy this requirement. The overall project density permitted is 96.6 dwelling units, however, a total of 108 dwelling units (92 single family and 16 multi-family dwellings) are requested. The project therefore requires a density increase above the density allowed using the Growth Control Point (3.2 du/acre) for the overall site to enable the provision of 16 onsite affordable housing units. In accordance with the Zone 20 Specific Plan, the average density proposed for both the affordable and single family lots is 3.6 dwelling units per acre which would exceed the growth control point but is within the RLM General Plan range of 0 - 4 dwelling units per acre. The density increase is the only incentive requested by the applicant under the provisions of Chapter 21.53.120 for affordable projects requesting approval of a site development plan. The necessary findings that: 1) no adverse impacts to the surrounding area will result from the project; 2) the project will be compatible with surrounding land uses; 3) the lot and traffic circulation are adequate to serve the project; and 4) the necessary design features are provided, can be made and are provided in the following discussion. A project proforma providing justification for the density increase has been reviewed and verified by the Housing and Redevelopment Director and the proposed density increases will require Housing Commission and City Council approval. The project is located in the southwestern comer of the site in proximity to future Poinsettia Lane, a major circulation arterial. As shown on Exhibit “H”, the affordable project consists of two relatively small multi-family structures, one containing 10 units and the other containing 6 units (2 three bedroom units), which are compatible in scale with future single family dwellings. The Zone 20 Specific Plan requires affordable projects to be consistent with RD-M standards and the proposed setbacks and coverage are consistent with these standards (see Land Use discussion). In addition, the project will provide 200 square feet per unit of private and common recreation area. In accordance with the Parking Ordinance standard for multi-family units, thirty-four (34) parking spaces are provided onsite, and ingress and egress to the site is provided from non-loaded Street “A” thereby reducing traffic flow through the single family subdivision. The project site is currently not served by a public road and surrounding uses are limited to agricultural and residential dwellings. The 16 unit apartment project will not be detrimental to surrounding residential uses since all public.facilities, including the construction of Poinsettia Lane and Blackrail Court, necessary to seLve the project will be constructed to the site. A 25’ separation between the nearest residential units and agricultural fields, and intervening 6’wallswill mitigate potential conflicts between residential and agricultural uses. A LCPA 95-09/X 93-04/CT 93-09/SDP 93-O7/HDP 93-09 - GC&IN BLUFF DECEMBER 20,1995 PAGE 7 The proposed density increase is in accordance with General Plan Housing Policy 3.8 regarding excess dwelling unit allocation, since it is requested to accommodate the development of affordable housing, and the findings required to exceed the Growth Control Point can be made, in accordance with Chapter 2190.045 of the Zoning Ordinance. The proposed 11.4 dwelling unit increase would be available to be withdrawn from the City’s excess dwelling unit “bank” without exceeding the Citywide or southwest quadrant dwelling unit and population buildout caps. The applicant will be conditioned to provide all necessary public facilities to serve the additional units and the project is consistent with the Zone 20 Local Facilities Management Plan ensuring the adequacy of public facilities. Land Use The project is located within Area C of the Specific Plan. Properties within this area are designated for Residential Low-Medium (RLM) density development by the General Plan. Planning Area C is currently zoned GC and according to the Zone 20 Specific Plan, the appropriate zoning for these properties is the R-l Zone. Therefore, zone changes must be processed prior to or concurrent with development proposals. The R-l zone allows for single family detached homes and associated structures, however, the Specific Plan also allows multi-family affordable housing structures developed in accordance with the RD-M development standards to be located in the R-l zone subject to site development plan approval. Accordingly, this project includes an application for a Zone Change from the L-C Zone to the R-l Zone. This zone change is consistent with both the RLM General Plan designation and the Zone 20 Specific Plan development provisions for Area C. The Zone 20 Specific Plan Area C development regulations include architectural design criteria and require consistency with the Landscape and Scenic Corridor Guidelines. Since architecture for the single family units is not proposed by the applicant, the project has been conditioned to require Planning Commission approval of architectural elevations through an amendment to the Hillside Development Permit (HDP). The HDP amendment shall be required to demonstrate consistency with both the City’s Hillside Ordinance architectural guidelines and the Zone 20 Specific Plan architectural design criteria. As shown on Exhibits “J - L”, the conceptual landscape design is consistent with the Zone 20 Specific Plan, Scenic Corridor Guidelines, and the City’s Landscape Design Manual. As shown on the following table, the project meets or exceeds the R-l (single family) zone standards as modified by the Specific Plan, and the RD-M zone (multi-family) development standards as required by the Zone 20 Specific Plan. /c- h LCPA 95-09/2X 93-04/CT 93-09/SDP 93-07/HDP 93-09 - OCEAN BLUFF DECEMBER 20,199s PAGE 8 Affordable Multi-Family Onen Snace Preservation The project is consistent with the Open Space provisions of the Zone 20 Specific Plan in that Parcel “A” steep slopes possessing chaparral habitat will be preserved in open space, slopes exceeding 40% will not be developed, mitigation measures that establish a physical barrier between residential and agricultural uses are imposed by condition, and a SO landscaped setback along the northern side of the portion of Poinsettia Lane that the project is conditioned to construct will be preserved as permanent open space. Mello II Local Coastal Program See the discussion under item C below. Cl. Mello II Local Coastal Program Amendment The project is located within and subject to the Mello II Local Coastal Program segment and is designated for residential low-medium density (RLM) land use and Limited Control (GC) zoning. Although the Mello II Land Use Plan is consistent with the subject parcel’s RLM General Plan designation, the implementing zone (G C) specified by the Mello II LCP is not consistent with the proposed zone change to LCPA 95-09/ZC 93-04/CI 93-09/SDP 93-07/HDP 93-09 - OCEAN BLUFF DECEMBER 20,199s PAGE 9 R-l. Since the California Coastal Act specifies that all rezonings related to land use regulation or administration within the coastal zone, which occur after the certification of a local government’s local coastal program, require a LCP amendment in order to be effective, the project includes a Local Coastal Program Amendment to change the implementing zone from GC to R-l for the Ocean Bluff parcel. c2. Development Regulations The project is consistent with Mello II LCP policies addressing steep slopes (W%+) possessing chaparral plant communities since the proposed grading avoids the only onsite area with slopes in excess of 15%. This area (Parcel A) does contain chaparral plant communities and will be preserved in open space by easement. Some coastal sage scrub on steep slopes will be disturbed by the offsite Poinsettia Lane extension, however, Mello II exempts City Circulation Element roadways from this policy. The project will be conditioned to provide adequate drainage, siltation and erosion control facilities as part of the approved grading permit, and the grading operation will be limited to the summer construction season, April 1 to October 1. The project contains vacant non-prime agricultural land containing Class III soils and is located in the Coastal Agricultural Overlay Zone (Site III). The Mello II LCP requires mitigation when non-prime coastal agricultural land is converted to urban uses. The project will therefore be conditioned to pay an “Agricultural Conversion Mitigation Fee”. D. Inclusionaq Housing (Chapters 21&i and 2133 of the Zoning Ordinance) As specified in the above discussion under B, Zone 20 Specific Plan - Affordable Housing, the project is subject to the Inclusionary Housing Ordinance requiring that a minimum of fifteen percent of all approved residential units in any specific plan be restricted to and affordable by lower income households. In accordance with the ordinance, developers may apply for incentives, including requests for density increases, to offset the cost of affordable housing, however, they must submit justification for the requested incentive. Chapter 21.53.120 of the Zoning Ordinance requires the approval of a site development plan for multi-famiIy affordable projects, and findings that the project is consistent with the underlying zoning and/or Specific Plan and in conformance with General Plan policies and goals. (See the above consistency discussion under A. General Plan and B. Specific Plan - Affordable Housing). This project complies with the Inclusionary Housing provisions of the Municipal Code (Chapter 21.85) as demonstrated below: ,- 6. LCPA 95-09/ZC 93-04/cT 93-09/SDP 93-07/HDP 93-09 - OLrZAN BLUFF DECEMBER 20,1995 PAGE 10 CHAPTER 21.8!! - INCLUSIONARY HOUSING/CHAPTER 2153.124 AFKWMBLE MULTI-FAMILY HOUSING Location of Units Onsite on Lot 93* 11.5% Density Increase * The applicant has requested the option to purchase credits in Villa Loma or participate in an offsite combined affordable project, and the project has been conditioned to require compliance with Council Policies 57 and 58 prior to City Council approval of an Affordable Housing Agreement to allow the offsite option. Concurrent with implementation of this option, the applicant will be required to process a tentative map revision to the Ocean Bluff project. ** A project proforma demonstrating that the requested density increase is necessary to achieve the affordable units was submitted to and reviewed by the Housing and Redevelopment Director. Upon completion of his review, the Housing and Redevelopment Director indicated that the proposed density increase is justified to enable the provision of affordable units. E. Hillside Development Ordinance The proposed project grading is consistent with provisions of the Hillside Ordinance requiring that undevelopable portions of the project site are identified and avoided. A steep ravine located in the northwestern comer of the site contains the only 25%+ slopes and this area will be preserved through an open space easement. The project design minimizes disturbance to hillside lands through a terraced design which follows the natural topography to the greatest extent possible and retains view opportunities along the natural ridge line. Grading volumes (5,290 @acre) are within the acceptable range and manufactured slopes are contoured and/or less than 30’ in height in accordance with the ordinance. Since architectural exhibits were not submitted with the Hillside Development Permit application, the project will be conditioned to require Planning Commission approval of a Hillside Development Permit amendment prior to the issuance of building permits to ensure that architecture is consistent with both the Hillside Development Architectural Guidelines and the Specific Plan Architectural Standards. (In order to facilitate the 48 LCPA 95-09/= 93-04/CT 93-09/sDP 93-07/HDP 93-09 - GC&W BLUFF DECEMBER 20,1995 PAGE 11 review/approval process, staff is recommending that the City Council delegate its authority as the final decision maker to the Planning Commission). F. Growth Management Ordinance The proposed project is a residential project located within Local Facilities Management Zone 20 in the southwest quadrant. The project, including the affordable housing units, is 11.4 dwelling units above the Growth Management dwelling unit allowance of 96.6 units, however, sufficient excess dwelling units exist within the quadrant to avoid exceeding the Quadrant 3 or Citywide dwelling unit cap. Even with this density increase, all public facilities necessary to serve this project are either already in place or will be provided through conditions of approval placed on the project. The impacts on public facilities created by this project and compliance with the adopted performance standards are summarized as follows: - - GROWTH MANAGEMENT COMPLIANCE G. Subdivision Ordinance The Carlsbad Municipal Code requires a subdivision map to be fded in accordance with Title 20 for any subdivision project. Accordingly, a tentative map is being processed with standard single family lots and one multiple family lot including all necessary public streets required to serve the project. As conditioned, the project would provide all necessary improvements and all of the findings required by Title 20 can be made and are contained in Planning Commission Resolution No. 3869, dated December 20, 1995. LCPA 95-09/Z 93-04/(X- 93-09/SDP 93WHDP 93-09 - OCEAN BLUFF DECEMBER 20,1995 PAGE 12 H. Draft Habitat Management Plan (HlW) The ofBite Poinsettia Lane and Street “A” alignments are consistent with the approved Zone 20 Specific Plan biological mitigation and open space preservation and the coastal sage scrub habitat loss is consistent with the HMP as follows: 1. The construction of Poinsettia Lane and Street “A” will not preclude connectivity between Preserve Planning Areas (PPAs) since they are not located within a PPA core area, and are not a part of a Linkage Planning Area. If feasible, the construction of a roadway culvert under Poinsettia Lane within the SDG&E easement, which is preserved as open space, may facilitate dispersal and movement of wildlife between core areas in PPAs 4 and 5. 2. The habitat loss will not preclude or prevent the preparation of the Carlsbad HMP in that the area is not a part of a PPA core area or Linkage Planning Area. 3. Mitigation for the loss of the 4 acres of coastal sage scrub will be in the form of the acquisition of habitat credits at a 21 ratio within PPA 2 (Carlsbad Highlands Mitigation Bank) as discussed above. The loss of habitat on the Ocean Bluff property will therefore not appreciably reduce the likelihood of the survival and recovery of the gnatcatcher; 4. The habitat loss is located in a disturbed and partially disturbed canyon area which will be isolated by Poinsettia Lane, the Aviara development to the south, and continued agricultural uses to the east and west; therefore, large blocks of habitat will not be lost and fragmentation will not occur. 5. The habitat area being impacted is somewhat isolated by surrounding agricultural uses and development, and it is located within the alignment of a major circulation element roadway providing primary access to the proposed Ocean Bluff subdivision as well as other properties in the Zone 20 Specific Plan area. V. ENVI RoNMENTAc The project site is located within the boundaries of the Zone 20 Specific Plan (SP 203) which covers the 640 acre Zone 20 planning area. The direct, indirect, and cumulative environmental impacts from the future development of the Zone 20 planning areas have been discussed in the Final Environmental Impact Report (EIR 90-03) for the specific plan. Additional project level studies have been conducted including soils investigation, biological analysis, noise report, traffic study, and a hydrology report. These studies provide more focused and detailed project level analysis and indicate that additional environmental impacts beyond what was analyzed in Final EIR 90-03 would not result from implementation of the project. This project qualifies as subsequent development to both the Zone 20 EIR and the City’s MEIR as identified in Section 21083.3 of the California Environmental A I . LCPA 95-09lZC 93-O&’ 93-09lSDP 93-07fHDP 93-09 - OclcAN BLUFF DECEMBER 20,199s PAGE 13 Quality Act; therefore, the Planning Director issued a Notice of Prior Environmental Compliance on September 21,199s. The recommended and applicable mitigation measures of Final EIR 90-03 are included as conditions of approval for this project. Conditions include specific mitigation for impacts to coastal sage scrub habitat identified by the Zone 20 EIR along the Poinsettia Lane roadway through the purchase of credits at a 2:l replacement ratio in the Carlsbad Highlands in accordance with the recommendation of the U.S. Fish and Wildlife Service. With regard to air quality and circulation impacts, the City’s MEIR found that the cumulative impacts of the implementation of projects consistent with the General Plan are significant and adverse due to regional factors, therefore, the City Council adopted a statement of overriding consideration. The project is consistent with the General Plan and as to these effects, no additional environmental document is required. A’ITACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Planning Commission Resolution No. 3867 Planning Commission Resolution No. 3868 Planning Commission Resolution No. 3869 Planning Commission Resolution No. 3870 Planning Commission Resolution No. 3871 Location Map Notice of Prior Environmental Compliance dated September 27,1995 Enviromnental Impact Assessment Form, Part II, dated September l&l995 Background Data Sheet Local Facilities Impact Assessment Disclosure Statement Reduced Exhibits Exhibits “A - N” dated December 20, 1995. Alar November 22,1995 PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE 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: LCPA 9549/ZC 9344/Cf 93-09/SDP 9347/HDP 93-09 - Ocean Bluff Project Location: South of Palomar Airport Road between El Camino Real and Paseo de1 Norte directly north of the terminus of Blackrail Court in LPM Zone 20 and the Zone 20 Specific Plan area. Project Description: ‘Ihe project consists of a Local Coastal Program Amendment and zone change from L-C to the R-l single family zone in which minimum 7,500 square foot lots are permitted, the subdivision of 92 single family lots, and one multifamily lot on a 31.2 acre parcel located in Planning Area C of the Zone 20 Specific Plan area. Consistent with the underlying RLM General Plan designation, the total number of units is 108 (92 sf lots and 16 apartment units) on 30.2 developable acres resulting in an overall project density of 3.6 dwelling units per acre. The 16 unit apartment project fulfills the project’s inclusionary housing requirement. The project also includes offsite improvements necessary to serve the project including Street “A” from the southwest comer of the project south to the intersection of future Poinsettia Lane extension, Poinsettia Lane between the existing easterly terminus to Street “A”, and Blackrail Court from its existing northerly terminus to the northeast comer of the project. Gnsite grading involves 320,000 cubic yards of balanced cut and fill and results in a terraced hillside design in accordance with the Hillside Development Ordinance. Justification fa this determination is on file in the Planning Department, Community Development, 2075 Las Pahnas Drive, Carl&ad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning of date of pub&Won. DATED: CASE NO: SEPTEMBER 21, 1995 LCPA 9549/X 9344/CT 93-091 SDP 9347/HDP 93-09 APPLICANT: OCEAN BLUFF PARTNERSHIP PUBLISH DATE: SEPTEMBER 27,1995 MJH:AH:kC loa 2075 Las Palmas Drive l Cartsbad, California 92009-l 576 l (619) 436-l 161 h h ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: LCPA 95-09/ZC 93-WCT 93-09/SDP 9367/HDP 93-09 DATE: Sentember 18. 1995 BACKGROUND 1. 2. 3. 4. 5. CASE NAME: OCEAN BLUFF APPLICANT: OCEAN BLUFF PARTNERSHIP ADDRESS AND PHONE NUMBER OF APPLICANT: 4180 La Jolla Village Drive, Suite 30, San Diego, CA 92037 DATE EIA FORM PART I SUBMITTED: August 6,1993 PROJECT DESCRIPTION: The project consists of a zone change from L-C to the R-l single family zone in which minimum 7,500 square foot lots are permitted, the subdivision of 92 single family lots, and one multifamily lot on a 31.2 acre parcel located in Planning Area C of the Zone 20 Specific Plan area. Consistent with the underlying RLM General Plan designation, the total number of units is 108 (92 single family and 16 multifamily units) on 30.2 developable acres resulting in an overall project density of 3.6 dwelling units per acre which is consistent with the underlying RLM General Plan designation. The 16 unit apartment project will fulfill the projects inclusionary housing requirement. Offsite improvements necessary to serve the project include Street “A” from the southwest comer of the project south to the intersection of future Poinsettia Lane extension, Poinsettia .La.ne between the existing easterly terminus to Street A, and BlackraiI Road from its existing northern terminus to the northeast comer of the project. Onsite grading involves 320,000 cubic yards of balanced cut and fill and results in a terraced hillside design in accordance with the Hillside Development Ordinance. Rev. l/30/95 lb3 SUMMARY OF ENVIRONMENTAL FAcrORS WI’ENTIALLY AFFECTED: The summary of envimmeml fkctors checked below would be potentially atkted by this project, involving at least one impact that is a “potentially Significant Impact”, or “Potentially Significant Impact Unless Mitigation ~corporated” as indicated by the checklist on the following pages. x Land Use and Planning x Transportation/Circulation - Public Services - Population and Housing x Biological Resources - Utilities and Service Systems - Geological Problems - Water X Air Quality - Energy and Mineral Resources X Aesthetics - Hazards - Cultural Resources x Noise - Recreation - Mandatory Findings of Signikance Rev. l/30/95 bif DETERMINATION. (To be completed by the Lead Agency). On the basis of this initiaI 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 case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I fmd that the proposed project MAY have significant 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 REPORT/MITIGATE NEGATIVE DECLARATION is required, but it must analyze only the effects that remain to be addressed. q I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIIX pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. El Planner Signature 9.42~$a- Date 9- 2* -9s Date Rev. l/30/95 P- ENWRONMBNTAL IMPACTS h STATE CEQA GUIDBLINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to detamine if a project may have a significant effect on the environment. The Environmental Impact Assessment 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 Jmpact” 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 SignXcant ImpacV‘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 fleveloper 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 “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but gl.J potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, then no additional environmental document is required (Prior Compliance). A Negative Declaration may be prepared 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 oc more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts 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. When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. 4 Rev. l/30/95 f!d . An EIR must be pmpared if “Potentially Significant Impact” is checked, and including but not limited to the following cm (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to a#ic&le star&&s, and the developer does not agree to mitigation measures that reduce the impact to less than @iticant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier ER, (3) proposed mitigation measures do not reduce the impact to less than significant, or, (4) through the EIA-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 othenvise be determined significant. Rev. 1/3op5 b7 Potentially Significant Issues (ad suepating lllfum8uQ SaIrces): I. LAND USE AND PLANNING. Would the proposal: a> W c> d) d Conflict with general plan designation or zoning? (Sources #l & #2) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (Source X2) Be incompatible with existing land use in the vicinity? (Sources #l & #2) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (Source #2) Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? (Source #2) II. POPULATION AND HOUSING. Would the proposal: 4 b) cl Cumulatively exceed official regional or local population projections? (Sources #l & #2) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major isdhstmcture)? (Source N-2) Displace existing housing, especially affordable housing? (Source #2) POtlSlltid~ Sl@fii Unless Mitigation Imxpcfati x x x Lk!sThan Significant impact x x No w=t x x - x - 6 Rev. 1/3O/!X b8 Issues md supporting hemat& sanas): SigIlifiGiIlt Jw=t lII. GEOLOGIC PROBLEMS. Would the a) Fault rupture? (Sources #2 & 3) b) Seismic ground shaking? (Sources #2 dc 3) cl Seismic ground failure, including liquefaction? (Sources #2 & 3) d) Seiche, tsunami, or volcanic hazard? (Sources #2 dc 3) d f) Landslides or mudflows? (Sources #2 & 3) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (Sources #2 & 3) g) h) 9 Subsidence of the land? (Source #3) Expansive soils? (Source #3) Unique geologic or physical features? (Source #3) proposal result in or expose people to potential impacts involving:. IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (Sources #1&#4) b) Exposure of people or property to water related hazards such as flooding? (Source #4) POtL?lltidly Significant Unless MitigatiOIl hmporated x LessThan Significant mJi=t x x No m=t x x x x x x x x Rev. l/30/95 lb? Issues (and !3uppolting Infcxmrsha -x c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (Source #l) d) Changes in the amount of surface water in any water body? (Source #l) e) Changes in currents, or the course or direction of water movements? (Source #l) f) 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 #l, #3) POtMdl~ Sigdfii Impect POWUiliUy Sigllifii Unless Mitigation Inaxporated Les!sThl Significant No impact m=t g) Altered direction or rate of flow of groundwater? (Source #l, #3) h) Impacts to groundwater quality? (Source #l, #3) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (Source #l, #3) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (Sources #l 4% #2) b) Expose sensitive receptors to pollutants? (Source #1 6% 2) c) Alter air movement, moisture, or temperature, or cause any change in climate? (Sources #l & #2) d) Create objectionable odors? (Sources #l 8c #2) x - x x x - . x x x x x x x 8 Rev. l/30/95 70 ,- Issues (and suppoltillg Jllfamatim saaas): VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) b) cl d) ii!) POWtidl~ Sigllifii Impact Signifii UIlkSS Mitigation hmrporated LessTbau Significant No Impact Impact Increased vehicle trips or traffic congestion? (Sources #l&x2) x - Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (Source w Inadequate emergency access or access to nearby uses? (Source #2) Insufficient parking capacity on-site or off-site? (Source #2) Hazards or barriers for pedestrians or bicyclists? (Source #2) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (Source #2) Rail, waterborne or air traffic impacts? (Source #2) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, tkatcncd or rare species or their habitats (in&ding but not limited to plants, fish, insects, animak, and birds? (Sources #2 & #5) x b) Locally designated species (e.g. heritage trees)? (Source #I2 & #5) x - x - x x x x x 9 Rev, 1pops 71 issues (and supporting lllformatlm 3amM: c) Lmally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (Source #2 & #3 d) Wetland habitat (e.g. marsh, riparian and vernal pool)? (Source #2) e) Wildlife dispersal or migration corridors? (Source #I2 & #5) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? (Source #l, Section 512.1) b) Use non-renewable resources in a wasteful and inefficient manner? (Source #l) c) Result in the loss of availability of a known mineral resource that wolild be of future value to the region and the residents of the State? (Source #l) IX. HAZARDS. Would the proposal involve: a) b) cl d) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation? (Source #l) Possible interf&encc with an emergency response plan or emergency evacuation plan? (Source #l) The creation of any health hazard or potential health hazard? (Source #l) Exposure of people to existing sources of notential health hazards? (Source X2) Ir Pomtially Significan w=t POtiSltially !iignifkant Unless Mitigation Imxpxated LeaTball Significant Impact x x No Impact x x x x x 10 Rev. l/30/95 7-3 A POklltidl~ Significant Impact Potealtially sisnificant Unless Mitigatioll Imcqorati LesThall Significant No m=t Impact x Issum @xi !3uppoctillg Infamatim salrccs): e) Increase fire hazard in areas with flammable brush, grass, or trees? (Source #2) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (Source #2 & #7) b) Exposure of people to severe noise levels? (Source #) __ XI. PUBLIC SERVICES. Would the proposal have an x - x - a) W cl 4 e) effect upon, or result in a need for new or altered government services in any of the following areas: Fire protection? (Sources #l & ##2) x - Police protection? (Sources #l & #2) x - Schools? (Sources #l & #2) x - Maintenance of public facilities, including roads? (Sources #l & #!2) x - Other governmental services? (Sources #l & #2) - - x - XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial aherations to the following utilities: a) Power or natuml gas? (Source #l) b) Communications systems? (Source #l) x - x - 11 Rev. l/30/95 73 - - Issues (and supporting lnformafim !hn=o: c) Local or regional water treatment or distribution facihties? (Sources #l & #2) d) Sewer or septic tanks? (Sources #l & #2) e) Storm water drainage? (Sources #2 & #4) f) Solid waste disposal? (Sources #1 & #2) g) Local or regional water supplies? (Sources #l & #2) XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? (Sources #l & #2) b) Have a demonstrable negative aesthetic effect? (Source #2) c) Create light or glare? (Source #2) XIV. CULTURAL RESOURCES. Would the proposal: a> b) cl 4 e) Disturb paleontological resources? (Source #2) Disturb archaeological resources? (Source #2) Affect h.istoricaI resources? (Source #2) Have the pote&al to cause a physical change which would al%ct unique ethnic cultural values? (Source #2) Restrict existing religious or sacred uses within the notential imnact area? (Source #2) L L . I POtElltidlY siinificant m=t POtelltidly Sigllifii Unless h4iti@UiOll Incu=porated x L.e5Than Significant m=t x x x x x rlgct x x X x x x x 12 Rev. l/30/95 74 C Issues (and supporti.llg lnf- z3aue3): XV. RECREATION. Would the proposal: POtCntiplly Sigllifii u=t PomialIy significant Unless Mitigatioll Imxporated LesThall Significant No m=t impact a) Increase the demand for neighborhood or regional parks or other recreational facilities? (Source #a b) Affect existing recreational opportunities? (Source #2) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish 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 environmental effects which will cause substantial adverse effects on human beings, either directly or ind&ctly? x - x x - 13 Rev. l/30/95 6 C - XVII. EARLIER ANALYSES. a) b) c> Earlier analyst may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: Earlier analyses used. Identify earlier analyses and state where they are available for review. 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. 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. 14 Rev. l/30/95 7lp - DISCUSSION OF ENVIRONMENTAL EVALUATION -\ I. PROJECI’ BACKGROUND INFORMATION A. Earlier Analyses and its applicabiity to project The project is part of the Zone 20 Specific Plan approved by the City Council in 1994. CEQA compliance for the specific plan was achieved through the certification of the Zone 20 Program EIR which identified, analyzed, and recommended mitigation to reduce potentially significant impacts to insignificant levels. The Zone 20 Program EIR (PEIR) analyzed potential impacts to agriculture, air quality, biology, circulation, land use, noise, pesticide residue, paleontology, public facilities financing, soils/geology, and visual aesthetics that could result from the development of the Specific Plan area. The PEIR is intended to be used in the review of subsequent projects within Zone 20. The project incorporates the required Zone 20 PEIR mitigation measures, and through the aid of the required additional biological, soils/geological, noise, slope, viewshed, and cultural resource analyses, a determination has been made that no additional significant impacts beyond those identified and mitigated by the PEIR will result from this project. The following discussion of environmental evaluation briefly explains the basis for this determination along with identifying the source documents which verify the PEIR impact identification, analysis, and mitigation requirements. B. Environmental Analysis The subdivision site consists of approximately 31 acres of vacant land previously used for agricultural use and surrounded by rural residential and agricultural properties. Elevations across the site range from a high of approximately 380 feet (MSL) on a gently inclined, north-south trending ridge near the middle of the property to a low of about 280 feet(MSL) in a wide, steep-sided ravine providing natural drainage in the northwestern portion of the site. The site drains predominantly to the east and west. On-site vegetation consists of scattered clusters of trees, shrubs, and grass. The majority of the site has been cultivated in the past. The sides of the northwestern ravine are severely eroded, however, there is some vegetation present in most areas and includes southern mixed chaparral, a small pocket of chamise chaparral, and disturbed habitat with scattered southern maritime chaparral. No plant or wildlife species listed as rare, endangered, or threatened by the state of federal governments were observed on the property. Offsite improvements necessary for the project include the extension of Poinsettia Lane, Street A from the southwestern corner of the site to Poinsettia Lane, and Blackrail Road from its existing northerly terminus to the project’s northeastern boundary. The extension of Poinsettia Lane from its existing eastern terminus to Street A and Street A will: 1) disturb areas currently being utilized for agricultural purposes with no sensitive or endangered plant species, 2) impact the edge of a canyon containing southern mixed chaparral, disturbed coastal sage brush, and a single pair of California gnatcatchers; and 3) disturb a small patch of disturbed coastal sage scrub adjacent to the existing agricultural road - along the southwestern comer of the project site. Existing improvements to the overall site include fences, dirt roads, water lines, and overhead powerlines. 15 Rev. 1130195 77 - III. ENVIRONMENTAL ANALYSIS la. The project will not exceed the density range of O-4 dwelling units per acre allowed by the underlying Residential Low Medium (RLM) density land use designation. The project density including affordable units is 3.6 dwelling units per acre, which is consistent with the RLM designation but exceeds the Growth Management growth control point (gcp) of 3.2 dwelling units per acre. The Growth Management gcp is imposed to ensure that the number of dwelling units in each quadrant of . the City at buildout does not exceed the dwelling unit caps specified by ordinance. As a result, the project requires a density increase above the gcp which will require the removal of 12 units from the quadrant% excess units. There currently exists sufficient excess units in the southwest quadrant to accommodate the request for the density increase above the gcp. The Zone 20 Specific Plan requires a change in zoning from L-C to R-l in the project planning area and the Zone 20 Program EIR (PEIR) analyzed the environmental impacts associated with the required changes in zoning from L-C to R-l. The PEIR identified no significant impact since the underlying RLM (Residential Low Medium density) General Plan designation permits up to four dwelling units per acre, and zoning to single family lots on minimum 7,500 square foot lots is consistent with the low to medium density land use designation. lb. The project is also subject to the Mello II Local Coastal Program (LCP) requiring approval by the California Coastal Commission. The project is consistent with the LCP “PA” land use designation allowing low-medium residential density development which is consistent with all Mello II land use policies. However, a Local Coastal Program Amendment is required to change the zoning from LC to R-l, and LCPA 95-09 is being processed with the project for this purpose. lc,d. As detailed by the PEIR, Zone 20 is comprised of agricultural uses which are typically incompatible with residential uses due to physical and operational characteristics such as tilling and pesticide/herbicide spraying. The Ocean Bluff project will not impact or be impacted directly by agricultural uses since the project will not abut any property under cultivation. PEIR mitigation required to reduce these impacts including notification to all future residential land owners that this area is subject to dust, pesticide, and odors associated with adjacent agricultural operations will be a condition of map approval and the provision of temporary road connections to maintain continued access to adjacent agricultural properties will be a condition of map approval. 2a. Local population projections are based upon the residential density permitted in each land use designation. In accordance with the discussion under la. above determining that the project is consistent with the property’s underlying RLM land use designation, the additional population resulting from the project will not cumulatively exceed local population projections. 2b. As specified by the Zone 20 PEIR, the development of projects including transportation routes, public services, and land uses within the Zone 20 planning area is not growth inducing since the area has been previously planned and designated for residential development by the City’s General Plan, Growth Management Program, and Zone 20 LPMP. Although the Poinsettia Lane extension will provide access to undeveloped parcels within Zone 20, it is a planned east-west circulation arterial and development already exists to the east, west, north, and south of Zone 20 properties; therefore, urbanization of the area is inevitable. 16 Rev. l/30/95 78 3b,e. Consistent with the PEIR for Environmental Area I, an additional geotechnical investigation has e been prepared for the project by Ninyo and Moore. The conclusion of this report is that “based upon our geotechnical investigation, it is our opinion that site development is feasible from a geotechnical standpoint provided the following recommendations are incorporated into the design and construction of the subject project There appear to be no significant geotechnical constraints on the site that cannot be mitigated by proper planning, design; and sound construction practices”. Compliance with the recommendations of the Ninyo and Moore Geotechnical Investigation for this project will avoid sign&ant unstable earth conditions and or increased exposure of people or property to geologic hazards. These recommendations will be incorporated as project conditions in accordance with Zone 20 PEIR. 4a. According to the project’s Preliminary Hydrology Study prepared by Hunsaker & Associates, in which the potential for changes in absorption rates, drainage patterns or the rate and amount of surface runoff are analyzed, a temporary detention basin for the westerly drainage basin will attenuate post development runoff to predevelopment levels and “the increase in the runoff . . . . . from development is compensated for by the increased times of concentration...from the proposed grading which creates longer flow paths and flatter grades.” The final hydrology study will examine the flows in more detail and size the detention basin which is proposed along the western project boundary. The Zone 20 mitigation required to avoid adverse impacts to the quantity or quality of surface water consists of compliance with the adopted LFMP performance standards. Individual projects must show compliance with drainage and water distribution design and performance standards in accordance with the adopted LFMP and City standards as well as conform to the NPDES permit requirements pursuant to Regional Water Quality Control Board No. W-42 adopted by City Council Resolution No. 90-235. The project will be conditioned to comply with these standards. 5. The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan 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 s&u, and su$pended 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. Tolessenorminimke the impact on air quality associated with General Plan buildout, a variety of mitigation measums are recommended in the Final 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 17 Rev. l/30/95 77 C. an EIR is not mquired because the certification of Final Master EIR 9341, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality imp&s is required. This document is available at the Planning Department. 6a. The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan 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 Carlsbad 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. To lessen or minim& the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final 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 sidewallcs, 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 9341, 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. 6b. The Poinsettia Lane extension and the onsite circulation are designed in accordance with the General Plan Circulation element and City standards thereby avoiding hazards to safety from design features. Additionally, temporary road connections to maintain continued access to adjacent agricultural properties that could be impacted by future Poinsettia Lane improvements will be provided. 7a. The Biology Se&on (3.4) of the Zone 20 Specitlc Plan PEIR provides baseline data at a gross scale due to the large size of the specific plan area. Given the large number of property owners and their differing development horizons and the inevitable change in biological conditioe over the long-term buildout of the specific plan area, it is not possible to mitigate biological impacts from the buildout of the entire specific plan under one comprehensive open space easement that crosses property lines or a habitat revegetation/enhancement plan sponsored solely by the property owners. The implementation of the biological section of the EIR is based on future site specific biological survey studies that focus on the impacts created by individual subsequent development projects. These additional biological studies are required to consider the baseline data and biological open space recommendations of the PEIR and provide more detailed and current resource surveys plotted at the 18 Rev.lpop5 to - tentative map scale for each proper@. The range of the future mitigation options may include preservation of sensitive habitat onsite in conjunction with enhancement/revegetation plans, payment of fees into a regional CoIlservation plan, or the purchase and protection of similar habitat offsite. To meet these EIR requirements, a biological resources field survey was prepared for the project by Anita M. Hayworth, Biological Consultant, &ted March 1995. This subsequent biological study provides more focused, current, and detailed project level analysis of site specific biological impacts and provides more refined project level mitigation measures as required by the Zone 20 PEIR. The property was surveyed for the burrowing owl and the bird was not observed on the site. No brown- headed cowbirds were observed on the property or in the vicinity. The biological report indicates that implementation of the project would not result in the disturbance of biological resources onsite, however, construction of offsite Poinsettia Lane to the west from “A” Street to Alga Road and the construction of “A” Street between the project’s southwestern boundary and Poinsettia Lane will result in impacts to a single pair of gnatcatchers and approximately 4 acres of Diegan coastal sage scrub habitat. The 3.7 acres of Diegan sage scrub habitat located along the proposed Poinsettia Lane alignment consists of California sagebrush, flat-top buckwheat, yerba santa, laural sumac, wart- stemmed ceanothus, California encelia, black sage, and weedy species such as tree tobacco, and shows signs of past and continuing disturbance. The habitat quality in the impacted area varies and has been disturbed by human activities associated with encampments and illegal dumping. Although the habitat area does offer cover and foraging areas for wildlife found in the area, the PEIR mitigation mapping indicates that this area will be isolated by Poinsettia Lane to the north, the Aviara development to the south and continued agricultural uses to the east and west. Coastal sage scrub habitat areas directly impacted by the Poinsettia Lane alignment requiring mitigation are approximately 3 acres in sire, however, indirect impacts to the remainin g .7 acres should also be mitigated. The total area of disturbance for the Poinsettia Lane extension requiring mitigation is therefore 3.7 acres and the mitigation recommended by Biological Consultant Hayworth is the preservation of 3.7 acres of coastal sage habitat within the high quality, gnatcatcher inhabited coastal sage area found in the Carl&ad Highlands mitigation bank area. Another 1.1 acres located at the southwestern comer of the Oceanbluff parcel is identified as containing disturbed coastal sage scrub. Disturbance to .28 acres of the 1.1 acre area of coastal sage scrub will result from necessary offsite grading to construct Street “A” from the southwestern comer of the Oceanblti site to the proposed Poinsettia Lane extension. The proposed mitigation for this .28 acre area of disturbance to coastal sage scrub is preservation of an additional .28 acre area in the Carl&ad Highlands mitigation bank area for a total of 3.98 acres. The Poinsettia Lane extension is within Preserve Planning Area 4, as defined by the City’s draft Habitat Management Plan dated July, 1994, in which 84 acres of coastal sage scrub and 38 acres of chaparral habitat are identified within the core area. Although disturbance to approximately 4 acreas of coastal sage scrub and southern mixed chaparral habitat will result from construction of Poinsettia and Street “A”, it will not preclude connectivity between PPA’s nor preclude the preservation of 50% of the habitat in PPA4. Moreover, this project provides mitigation in the form of offsite mitigation because it will preserve one acre of these habitat in PPA2 for every acre of the same habitat affected by the proposed project. Additionally, the Zone 20 PEIR mitigation measure 3.4.3.10 which is incorporated as a project condition requires that an oversized roadway culvert be installed under the Poinsettia Lane extension at the SDG&B easement to maintain and enhance wildlife connections in native habitat areas that would otherwise be fmgmented by impassable roadway crossings. The feasibility of constructing an oversized culvert at this location shall be evaluated at the time roadway improvement plans are submitted to the City Engineering department for review. Specific mitigation measures required to be incorporated into the design of this culvert, if necessary, shall be based on 19 Rev. l/30/95 81 - - a biological study performed for this purpose which will be subject to review and approval by the Planning Depattment. 7c. The project is consistent with Mello II LCP policies regarding the disturbance of 25% slopes possessing endangered species and/or coastal sage scrub and chaparral plant communities (dual criteria). Onsite, the only area possessing 25% slopes with this type of habitat will be preserved in open space. The Poinsettia Lane alignment offsite will encroach into an area meeting this dual criteria, however, the dual criteria policy does not apply to the construction of roads on the City’s Circulation Element. 8.a-c. The project’s compliance with Building Codes, Title 20, and Chapter 17 of the Municipal Code in accordance with the MEIR mitigation measures to reduce impacts (Electricity and Natural Gas Section 5.12.1 of the MEIR) associated with the use of non-renewable resources in a wasteful manner will ensure the implementation of energy conservation measures The MEIR has identified mineral resources within the City of Carl&ad boundaries, and no mineral resources are located within the project area. 9ad. The single family residential project is not a use typically associated with risks such as accidental explosion or release of hazardous substances thereby creating a potential health hazard. Although agricultural operations will continue on parcels in the vicinity of the Oceanbluff subdivision, compliance with the Zone 20 PEE3 measures and Zone 20 Specific Plan development regulations to buffer residential development from agricultural operations will avoid health hazards resulting from pesticide residue. Specifically, the project is conditioned to require prior to finai map approval a detailed soils testing and analysis report shall be prepared by a registered soils engineer for City and County approval, a minimum 25’ buffer shall be provided between the project boundaries and open field cultivation, temporary road connections required to maintain continued access to adjacent agricultural properties that could be impacted by the Poinsettia Lane extension improvements will be provided, a Notice of Restriction notifying all owners, users, and tenants of this project that the area is subject to dust, pesticides, and odors associated with adjacent agricultural operations shah be recorded prior to final map approval, and drainage will be disposed of through stormdrains in accordance with City standards and compliance with NPDES standards is required for the project. 9e. The project’s compliance as conditioned with the City’s Landscape Design Manual - Fire Protection policies will avoid increasin g fire hazard in areas with flammable brush, trees, and grass. Oa,b. The Zone 20 PEIR noise mitigation included a requirement that all projects within 500 feet of the existing Poin&tia Lane prepare a noise study in accordance with the General Plan Noise.Element. The Noise Report prepared for the Ocean Bluff project revealed that noise levels exceeding 60 dBA CNEL would potentially impact Lots 78 - 87 and Lots 91-91 which are adjacent to the roadway without acceptable mitigation. Berms and 6’ noise walls have been incorporated into the project within the 50’ landscaped setback from Poinsettia Lane approximately 40’ from the right of way line to reduce the noise exterior levels of these lots to 60 dBA CNEL or below within the usable yard areas as required by the Zone 20 PEIR and the City’s General Plan Noise Element. 11-12. In accordance with the City’s MEIR, the project must be consistent with and will be conditioned to comply with the City’s adopted Growth Management performance standards for public facilities and services to ensure that adequate public facilities are provided prior to or concurrent with development. 20 Rev. l/30/95 82 - - The project is within and subject to the Zone 20 Specific Plan requiring it to be in accordance with the approved Zone 20 Local Facilities Management Plan thereby ensuring that performance standards for public facihties will be met through build-out of the zone. 13. The Zone 20 PEIR visual aesthetic mitigation relevant to the Ocean Bluff project includes the following prior to tentative map approval: a. additional visual analysis within any significant viewsheds and the addition of any recommended mitigation measures as conditions of project approval, b. structures and roofs shall be earth tone in color and prior to issuance of building permits the applicant is required to submit for Planning Director approval a color board depicting the proposed earth tones; C. manufactured slopes and roadway cuts shall be landform-graded, contoured, and heavily screened by landscaping in conformance with Zone 20 Specific Plan; and d. general visual design guidelines shall be taken into consideration during initial site planning and design phases prior to approval of a tentative map or implementing permit for any development within the Specific Plan area. The Ocean Blti project includes a hillside development permit application (HDP 93-09) which requires compliance with hillside architectural and grading standards. The Ocean Bluff project is in compliance with hillside grading standards and PEIR mitigation requiring landform grading and contouring, and landscaping to screen cut and fill slopes. The project is located within the Palomar Airport Road and Palomar Airport viewsheds identified by the Zone 20 PElR. Additional visual analysis performed by the applicant has identified that units along the northeastern and northern elevations will be visible from these viewsheds, however, as specified in the Zone 20 PEIR, any visual impact along the Palomar Airport Road viewshed will be brief and possibly less than significant due to traveling speeds and topography. The hillside development permit will therefore be conditioned to require compliance with the general visual design guidelines specified by the PEIR with special emphasis on providing a combination of one and two story homes, a variety of roof heights and roof massing, a variety of earth tone roof and wall materials and colors, and enhanced fenestration. Since the project is a standard subdivision with no proposed architecture at this time, a condition will be added to the hillside development permit (HDP 93-09) requiring that an amendment be processed prior to the issuance of building permits to ensure that the proposed architecture is consistent with the general visual design guidelines as well as the Hillside Development Ordinance architectural standards. 14. The project co&tins no sites listed as Level 3 or 4 by the Zone 20 PEIR; therefore no additional environmental review of cultural resources is required. 15. The project will incmase the demand for community parks, however, the project will be conditioned to require compliance with the Growth Management Ordinance and Zone 20 LFMP which requires that parks in accordance with the growth management standard are provided to serve new development. SOURCE DOCUMENTS - (NOTE: All source documents are on file in the Planning Department located at 2075 Las Palmas Drive, Car&ad, CA 92009, Phone (619) 438-1161). 21 Rev. l/30/95 83 planning DepatmM, cextified September 6,1994. 2. “Final Program Envinmmen tal Impact Report for Zone 20 Specific Plan” and Planning Commission Resolution 3525 for EIR 203 dated June 16, 1993. 3. “Geotechnieal Investigation” dated February 6,1989, performed by Ninyo & Moore, Geotechnical and Environmental Sciences Consultants 4. “preliminary Hydrology Study for Ocean Bluff, City of Carl&ad” dated September 3, 1993 prepared by Hunsaker & Associates San Diego, Inc. 5. “Biological Field Survey Update, Ckeanblti Ct 9349” dated March 1995 performed by Anita M. Hayworth, Biological Consultant. 6. Jack Henthom’s letter dated May 3, 1995, “Archaeological Site CB-lSDi-12026- Oceanbluff CT 93- 09”. 7. “Report on an Acoustical Study - Ocean Bluff - On the extension of Poinsettia Lane at Black Rail Road, City of Carl&ad” dated August 6,1993, and Addendum received May 12,1995, performed by James C. Berry, Acoustician. 22 Rev. l/30/95 84 BACKGROUND LJIi . . J’, si-ik~~ CASE NO: LCPA 96-09IZC 93-04/CT 93-09/SDP 93-O7/HDP 93-09 CASE NAME: Ocean Bluff APPLICANT: Ocean Bluff Partnership REQUEST AND LOCATION: Request for a Local Coastal Plan Amendment, Zone Chance, Tentative Tract Map, Site Development Plan and Hillside Development Permit to Rezone from L-C to R-l vacant, 31.2 acre site and subdivide 92 sinqle familv lots and one multiple familv lot with 16 affordable apartment units on propertv oenerallv located at the northwest corner of future Poinsettia Lane and Blackrail Court in the Zone 20 Specific Plan area and Local Facilities Manaqement Zone. LEGAL DESCRIPTION: Lot 3 in Section 22. Township 12 south, ranoe 4 west, San Bernadino base and meridian in the Countv of San Dieoo. State of California. excepting therefrom those portions thereof lvincl north of the south boundarv line of Ranch0 Aqua Hedionda, as said south line was established Mav 5, 1913, bv decree of the Superior Court of the State of California, in and for San Dieao Countv, in that certain action (No. 16630) entitled Kellv Investment Companv, a corporation vs. Clarence Davton Hillman and Bessie Olive Hillman. APN: 215-070-16 Acres 31.2 Proposed No. of Lots/Units 93 Lots/l06 DU’s (Assessor’s Parcel Number) GENERAL PLAN AND ZONING Land Use Designation RLM Density Allowed O-4 Density Proposed 3.6 Existing Zone L-C Proposed Zone R-l Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Zoninq Land Use Site L-C Vacant/Agricultural North R-l Vacant South L-C Horticulture East L-C west L-C Vacant Vacant PUBLIC FACILITIES School District CUSD Water District CMWD Equivalent Dwelling Units (Sewer Capacity) 106 EDU Public Facilities Fee Agreement, dated Auaust 5. 1993 Sewer District Carlsbad ENVlRONMENTAL IMPACT ASSESSMENT - Negative Declaration, issued - Certified Environmental Impact Report, dated Other, Prior Compliance, dated September 27. 1995 - 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: LCPA 95-09/ZC 93-04/CT 93-09/SDP 93-07/HDP 93-09 - OCEAN BLUFF LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RLM ZONING: L-C DEVELOPERS NAME: OCEAN BLUFF PARNERSHIP ADDRESS: 4180 LA JOLLA VILLAGE DRIVE. SUITE 30, SAN DIEGO 92037 PHONE NO.: ASSESSORS PARCEL NO.: 215-070-16 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 31.2 AC1108 DU’s ESTIMATED COMPLETION DATE: A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = 375.5 Sauare Feet Library: Demand in Square Footage = 200.25 Sauare Feet Wastewater Treatment Capacity (Calculate with J. Sewer) 108 EDU Park: Demand in Acreage = 0.75 Acres Drainage: Demand in CFS = N/A Identify Drainage Basin = N/A (Identify master plan facilities on site plan) Circulation: Demand in ADTs = 1.016 ADT (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = 4 Open Space: Acreage Provided - 3.6 Acres Schools: CUSD (Demands to be determined by staff) Sewer: Demand in EDUs - 108 EDU Identify Sub Basin - C (Identify trunk line(s) impacted on site plan) Water: Demand in GPD - 23.760 The project is 11.4 units above the Growth Management Dwelling unit allowance. DISCLOSURE STATEMENT APPUCANTS STATEMENT Of OISCLOSURE OF CERTAIN QWNEBHIP -STS W ALL APPual7oNs WHICH WIU FEauw4E DlSCAl3lONARY ACTION ON THE PART Of WE C4lV COUNCIL OR Am APPOWTED SOARO. coMMlssloN OR coMMlllEE. :!eeso PfifItj 3 following information must be disclosed: Amlicant ist the names and addresses of all persons 4370 I a lo- Dr,. # 990 La Jolla, Ca., 92122 Owner ist the names and addresses of all p&sons having a financial interest in the application. having any ownership interest in the property involved. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or awning any partnership interest in the partnership. Please see list (attachment #l) if any person identified pursuant to (1) 01 (2) above is a non-proflt organizatbn or a trust, list the names and addresses of any person sewing 8s offlcar 01 director of the non-proftt organization or as trustee or beneficiary Of the trust. 87 qMOOO1 12/91 3n7c I a= Palmae l?rlvr . Carleharl Califnrnia Q3OOQ-1576 0 I?~ 191 438-1161 &a isclosure Statement Page 2 Have you had more than $250 worth of business transacted with any member of City stafl Boards, Commissions, Committees and Council within the past twetve months? Yes - No - If yes, please indicate person(s) aenoo ir-d&nod u: ‘Any Individual. firm. coputnemhlp, Joint vanturr. as8ddm, WC&I club, tr&unal org~blrlon, wporrtlon. eatatr, trust, receive ‘, jyndicats, this and any other county. city and county, ctty munkiprlity, dirtrM 010th~ pditkal wbdlvirh, or any other group or combination acting 1u a ,nt’ $NOTE: Attach additional pages as necessary.) ,/p/$2$@//;; Signature of Owner/date Print or type name of owner Print or type name of applicant AYG 0 6 E!93 i-:7;- ;-- "f ‘- :, - - 1 P> -1 T n, C.., , . _.-... --..- .=-*. : L.. -i _ '.. .> . -_ _ - a . - Attachment $1 OCEANBLUFF PARTNERSHIP - Javier Benito Eugene L. Freeland 2275 Via Lucia P.O. Box 732 La Jolla, Ca., 92037 Ranch0 Santa Fe., Ca., 92067 Paul R. Hasley J. Sterling Hutchison c/o Illiff, Thorn b Company Gray, Cary, Ames 6 Frye 2386 Faraday Avenue 1700 First Interstate Plaza Suite 100 401 "B" Street Carlsbad, Ca., 92008 San Diego, Ca., 92101-4219 Mary Beth Jernigan P.O. Box 898 Ketchum, ID., 83340 Frederick Liebhardt 7224 Carrizo Drive La Jolla, Ca., 92037 Fritz Leibhardt 7575 Carrizo Drive La Jolla, Ca., 92037 John F. Linden 8 Quai D'Orleans 75004 Paris, France L.M. Scher P.O. Box 9565 Newport Beach, Ca., 92658 Walter Wegner 1304 Larch Avenue Moraga, Ca., 94556 Calvin F. Schrnid 888 Armada Terrace San Diego, Ca., 92106 Robert L. Wineteer 4370 La Jolla Village Dr. #990 San Diego, Ca., 92122 89 : a I R Ti ri P-- ,I WI ilr J 4 1 . 3 ‘D 1 8 ‘d 5)” 3 iI : “,‘n Ii -,EC I l a I 0 an Zrn a-B PZ P Emi -;‘Ei 1 w ;: i,lr l $iI, 4 2 1’1 J 3 6 L o = * ; z I ’ D p&i+ z f ..I--+-.- _~. .~ .~ ~~.~_. --.. ---- -- -- ---- --- ~.. .~ ~..~.~. . _a 61 , _’ s 1.. ._ ..-__ I.-_-L--i---..-JL -..----..c~---~-----~------- : rze--. ---- t -----.- I_-+- _c--... f.y --... -----.--t----~+-____~--.~I: --------___~-----it~-i-t_-----.-t-----t.-I- I I I : - al- I 1 I / , / l --- ! 1 I --_- - I I’ ._- _-.-- -.- ,_-.- - !. ._T___:~T~-~--~~~~--:.l.:::-t--..‘-. ..--?--rfrr__s__----;I=I--- L y-I / ; _ -___-__ _ _-I ~__-__~____.~ ~f_t-- +---f-1_-- /--__-~_-_- -.--i-.----..- _--- / l -- --- I : iI: - ,________ ---.+---.-- - A-.~---+-,L.-.-- ( +-..-.+ 1 /,I ,. _--_- -_._ --... .--.--------- +- ~- T-----I '-I----:.p--- --Tt--Fi-----~IL~;- j j --I--- I / -c_- -..----cc-f---c- ._-. --.. -.i- / : ,, 1 1 ,’ -~.-----+- ‘- ‘,, ,,‘f _-_- Ill ” I -,.- ---+-.--..- I’, I I I’, I’ L-. _-r_--._ ]‘I -- I ‘8 .-_.--_.-_ c - . ..- -__ &- _.___ -&....-- - I I I .---- j-- .- _...._.___. L ..__ _ .J$.& ._-_.__ ,-.;-. ..-_.-. . ..c-- ____ / iic- t-----___~--------~--~:.__-----~--t---- . --;I-: ,;B------- -&I;- _--~:_-_~_t-----“-- / : ~ . ..---. - WY -.-___- -_._- -.__ i_ ---- _--_-- ---A- .--- ____ _ _.__ --.--x--.-. ----.I.--- ---..-z.. -__-._-_- -A___-.--. _.-----_-. -’ __ __. -..- _. _ _ L- J 3 - I -L _-- I I 1 -Id _---- Tj i 1 !i- ruyc-- e-- 7-- I I Ij, 1 3 - I ‘I li,*t ii, I il I P s L-+pi--j I --- 1 \ ‘1 ’ \ \ ‘i \ --- ” \ ’ 1 I I I I I 1-J -~-------- Tj \ \ 3 : 2 i\ e \\ 11 I I IL- - 4-a 7-- I I P -- , PUBLIC HEARING: 2. LCPA 9W9IZC 93WCT 93-WSDP 93-Q7/HDP 93-69 - OCFAN RLUFF - Request for a Local Coastal Proeram Amendment Zone ChanQO, Tentative Tract Map, Site Oevelopment Plan and Hillside D8v8lopm8nt Permit to rezone fr&m L-C to R-l a vacant~ 31.2 acre sit8 and subdivide 92 singb family lots and on8 muitiple famity lot with 16 affordable apartment units on prop8rty generally locatsd at th8 northw8st comer of futum Poinsettia Lane and Blackrail Court in the Zone 20 Specific Plan area and Local Facilities Management Zone. Anne Hys~ng, Associate Pl8nn8f, r8vi8w8d the background of the mqu8st and stated that the prOj8Ct consists of th8 subdivision of a 31.2 acre parcel located within th8 Zone 20 Specific Plan area of the southwest quadrant. The parcel is currently vacant and is partially cuitivated. The proposed project consists of 92 standard R-l single family lots, one multi-family lot with 16 affordable apartment units, and one open spa88 lot. The project requires the construction of the Poins8ttia Lane extension (from Street A to its existing easterly terminus), Blackrail Court (from its northerly tsmrinus to the nORhea& comer of the project), and Street ‘A’ from th8 southwest comer of the proj8ct to Poinsettia Lane. Ms. Hysong stated that the pmj8ct’s 16% indusionary housing requirement is 16.24 dwelling units which ar8 proposed to be constructed on Lot 93. The project density allow8d by the growth management control point is 96.6 units; hcrwever, the applicant is requesting a total of 108 dwelling units on the site. The proj8ct therefore mquims an 11.6% d8nsity increase above the d8nSiQ pennitt8d. She stated that the density inCEas8 is cOnai8Wtt with the General Plan housing policy I8garding th8 allOCatiOn Of exc8ss dwelling Units. Staff has d8tm th8t 8xc8ss dw8lling units are available in the sduthw8st quadrant without exceeding the dwelling ti Q~J# and th8 proj8ct is consistent with Zone 20 LPMP guamntwing that ail pubtlc facilitk3 required for the m in&ding the additional Units, will b8 providsd. hh. Hysong St&d that findings fat approval Of a sit8 d8v8lOpnMt plan for th8 afford&l8 housing apartment project can b8 mad8 b8caus8 the proj8ct m88ts or exc88ds ail of th8 RD-M zone development standards required by th8 Zon8 20 Specific Plan: the proposed d8Wdpm8nt is cdmpatible in scale and design with futur8 singl8 family d8v8l8pm8nt; the necessary infmsbuctur8 to s8~8 th8 pmj8ct, includi~ the construction of Poins8ttir Lane and Siackrail Court, am mquimd to b8 constwted; and access to the apartment proj8ct is pmvtd8d from Stm8t ‘A’ whii pmvid8s direct acc888 to Poinsettia Lan8 and mduc8s the n88d for additional t18ffk 6oW through th8 singI family s~bdhrirrkrr. Ms. Hys~ng stated that th8 sppllcant is proposing to c8nstrM the 16 unit affordabk housing prbj88t Onsit8; hawsver, h8 is mqu88tlng th8 optl8n to purchas8 cmdits in Villa Lomr dr participate in an offsite 88mbin8d PLANNING COMMISSION December 20,1996 Page 6 proj8ct. The m th8mfom. includes conditions requiring that prior to approval of any ofkite option, the project must (1) comply with City Council policies #57 and #58 to determine if th8 proj8ct qualifies for the offsite option and 618 purchase of credits in Villa Loma; (2) comply with the Zone 20 Specific Plan in which findings are required; and (3) the applicant will be required to process a tentative map revision concurrent with the offsite proposal. MS. Hysong stated that the project is consistent with ail requirements of the Zone 20 Specific Plan, the open SpaCe preservation requirement, and the hillside development standards. In addition, the Zone 20 EIR anaiyzed significant impacts resulting from development of the Zone 20 properties and required mitigation measures to reduce th8s8 impacts. Since no additional significant environmental impacts were identified for the project, the Planning Director issued a notice of prior environmental compliance. She reviewed the mitigation measures required by the Zone 20 EIR which includes, among Other things, the purchase of 7.96 acres of coastal sage scrub (CSS) habitat in the Cansbad Highlands Mitigation Bank and payment of an agricultural mitigation fee for the conversion of non-prime agricuitural land to urban land uses in accordance with the Mello Ii LCP. Ms. Hysong stated that the City Engineer has requested the addition of an additional condition that the d8V8jOp8r enter into a secured agreement to guarantee the subdivision’s pro-rated Share for the future installation of traffic signals at the intenections of Poinsettia Lane and Blackrail Court, and Street ‘A.’ The exact wording of the condition is contained in staff memo dated December 20, 1995. She stated that ail findings and can b8 made and staff recommends approval. For the record, Ms. Hysong stated that a letter dated D8wmber 20.1995 in opposition to the proposed project had been received from Guy S. Moore, Jr. A copy of the letter was distributed to all Commissioners. Commissioner Monroy r8quest8d staff to explain th8 process for offsite affOtdabl8 housing. Ms. Hysong replied that the project is conditioned to return with an affordable housing agreement prior to final map approval. COmmissiOn8r Monroy inquired who decides whether or not the affOrdabl8 housing must b8 OnSit8 or OffSite. Is this decision made by the AffOtdabi8 Housing Committee? Ms. Hysong replied that if the applicant qualifies for offsite, th8 revised tentative map would wme back to the Planning Commission and the project with the offsite proposal would go forward to the Housing Commission and City Council. COmmissiOn8r Noble inquired if the density increase above the growth WntrOl point is related to the affordable housing, and if the affordable housing moves offsite, would the density increase be lost. Ms. Hysong replied ~8s. Commisston8r Erutn t8qu8st8d staff to show where the McKinn8y and Moore properties ar8 located in relation to th8 pm@ct. Ms. Hysong indicated the locations on the overhead map. Commission8r Compas inquired what percent of th8 traffic will us8 Poinsettia and Street ‘A’ versus what will us8 Blackrail Court and Str88t ‘G.’ Ms. Hysong could not make that prediction. Commissioner COmpas inquir8d if Blackrail Court will eventually go beyond the project terminus. Ms. Hysong r8pti8d that it will most lik8ty be continued to provide secondary acwss to the Cobblsstone project when it is d8V8lOped. Mr. Hauser add@ that the streets in the Cobblestone project will b8 private strwt!5 so unless they revise their tentative map approval, it will probably be a gat8d entrance and not open to general traffic. Commissioner Comp8s inquir8d when College is pmpos8d to tie into Alga Road. Mr. Hauser r8pli8d that staff has no qmciflc dabs b8cause it is all development driven. The Laur8l TIW proj8cts tak8s it to their PUNNING COMMISSION December 20,199s Page 7 boundary. The S8mbi project should take it all th8 way to Poinsettia but there is a 1,000 ft. gap between the two properties. COmmi&On8r COmpaS tequ8st8d more infonation on the feasibility Of the OV8&Zed WtV8tt t0 allOw animals to pass through. Ms. Hysong replied that there is a good likelihood that the Culvert will not b8 feasible because of the steep grades. It probably won’t happen. Commissioner Savary inquired about circulation within the project and where Street ‘0’ would exit. Mr. Hauser replied that Street .K and Blackrail Court provides acc8ss to the project. Until Poinsettia is built between Blackrail and Street ‘A,’ Street ‘D’ provides a temporary connection to Blackrail which would remain in place until Poinsettia is wnstructed. At that time, the Street ‘0” connection would b8 blocked off. Commissioner Savary inquired if that connection could be gated for emergencies. Mr. Hauser replied that the cul-de-sac policy would not require a secondary aco8ss. Commissioner Savary inquired if there is an exit at the Other end of Street ‘0.’ Mr. Hauser replied that this Option is being left open until the Cobblestone project wmes in. Staff feels th8r8 is adequate acc8ss to Str88t ‘0.” Commissioner Compas requested staff to respond to Mr. Moore’s letter. Mr. Hauser replied that there 818 presently no dedicated roads. This may have been a public road when it was part of the County, but Cansbad has determined it to be a prescriptive right road which the residents us8 to access their home and fanning operations. This project has been conditioned to maintain acc8ss to the existing roads. Staff believes that th8 wnstruction of Poinsettia will b8 a benefti to the area and will benefit the residents and fan operations. As regards Mr. Moore’s comment on the offsite construction of Blackrail Court, the road is proposed to be 40 ft. (curb to curb) within a 60 ft. right-of-way. The project is being conditioned to put in a half street plus 12 ft. This would be 32 ft. of pavement with a gutter along one side. This would allow for traffic and pedestrian access. In addition, all underground utilities within the section to be paved, would b8 required. Ms. Hysong responded to Mr. Moore’s comment regarding zoning and stated that the Zone 20 Specific Plan calls for a rezoning to R-l of all properties in Area C, including the Moore property, so they would b8 entitled to request that change. Commissioner Erwin stated that th8r8 is 30.2 net developable. The R-l is going on 29.4 and multiple units are going on .8 acre. Ms. Hysong replied that is correct. Commissioner Erwin inquired if the R-l is below th8 growth wntroi point of 3.2, they could actually put in 94 units rather than th8 92 units which haV8 been proposed. Ms. Hysong replied that this sounds correct. Chairperson Wet&tons invited the applicant to speak. Bob Winet88r, 8310 UniV8rsity Center Lane, Suit8 100, San Diego, addressed th8 Commission and Stated that he would IIke his mprewntative, Jack Henthorn, to discuss some of the issu8s he is concerned with. Jack Henthorn, 5431 Avenida Encinitas, Suit8 J, Carl&ad, addr8ss8d the Commission and stated that he mpmS8ntS th8 OceanMUff ParbI8rship and h8 wnwrs with the staff r8cOmm8ndatiOn, inckJditIg the 8Kata sheet. HOw8V8r, th8r8 are two items h8 w0~k-i like t0 addresS. On8 it8m is the r8qUit8m8nt for the specific plan amendment related to the offsite satisfaction of the affordable housing r8quir8m8nt. The requirement iS that the project proc8ss a specific plan amendment t0 identify 918 Off&t8 sOlUbOn. lt iS his Und8rstanditIg in tatking with staff that in the event a prior d8VelOpnl8rlt processes a specific plan identifying villa Loma as a potential offsite solution, that specific plan amendment would satii th8 requirement which is contained in the resolution before the Commission tonight. If w8 wanted to go to some other site, an additional sp8cific plan amendment would haV8 to b8 processed through the normal prowdure. He wants to make sure his UIld8mtaIlditIg is Wrred. PLANNING COMMISSION Decemb8r2tJ1995 Page8 MS. Hysong r8pIbd that the way the condition is written, that is the wse. The condition states that prior to City review and approval of the offsite option, the approval of the specific plan amendment to SP 203 shall b8 required to d8SQnat8 the proposed offsite combined inclusionary proj8ct as an appfOV8d IOWtiOfI for the provision of affordabie units to satisfy the inclusionary requirements of Zone 20 properties. If it had already been designated as an approved location, staff wouM not require the applicant to wme back in with a specific plan amendment to do th8 same thing. Mr. Henthom replied that th8 second item he wished to address is th8 requirement that h8 amend th8 Hillside Development Permit in order to deal wfth the architectural elevations which were not processed as a part of this package. The document being presented tonight acknowt8dges that th8r8 are hillside development guidelines addressing architecture which are existing in the City. The visual design guidelines are contained in the wrtified EIR for Zone 20 which addresses architectural elevation requirements. There are specific plan architectural standards which address architectural elevation requirements, and, in addition, Condition #I43 of Resolution No. 3869 places further restrictions on what can be designed architecturally on this site. He requested that th8 Commission consider granting the authority to the Planning Dimctor to evaluate th8 architectural design of the units to b8 placed on the site in aCCOrdanW with all of those guidelines and make a determination as to whether the architecture complies with the Hillside Development Ordinance. In the event that h8 makes that determination, he could simply pr8s8nt this determination to th8 Planning Commission as an information item. If the Commission wishes to hold a public hearing and go through the full process of amending the Hillside D8v8lopm8nt Permit, then it .would be at their purview to do that. He believes that th8II3 ar8 more than sufficient regulations in piaW to provide ad8qUat8 direction for architectural design. He woukl appreciate wnsideration. Ms. Hysong replied that th8 staff report already d8l8gat8S to th8 Planning Commission the City Council’s apprOVai for archit8ctur8 for the Hillside D8veioprtl8nt Permit. Normally, a Hillside D8VelOpm8tIt P8f’mit for a major subdivision goes all th8 way to th8 City Council. If th8 Planning Commission desires, staff would not object to it being further delegated to the Planning Director to ensure that the architecture is consistent with the design guidelines. Commissioner Monroy is concerned that w8 might be setting a pf8c8d8nt. AnyOn else who migM wme forward with a specific plan wuld also request the same thing. Ms. Hysong replied that is correct. If this project did not have th8 Hillside D8velopm8nt Permit, staff would b8 looking at the architecture at the time building permits are issued. The iSSU8 here is th8 Hillside 08V8iOpm8nt P8mlit. Commissioner Compas inquired if the Planning Commission has ever abdicated this responsibility before. Gary Wayne, Assistant Planning Dimctor, replied yes. The Commission has delegated architectural review in Aviara and some planned unit d8V8lOpm8ntS back to th8 Planning Director. HOWeVer, h8 dO8S not recall it being done in the case of a sp8cif1c plan. Commissioner Nielsen inquired how Mr. Henthom would feel about keeping the Street ‘0’ wnn8ction as a permanent wmtwtbn. Mr. Henthorn r8pti8d that he d&In1 ~88 any reason for it to remain. It may not be a good idea to hav8 v8hid8s and pedestrians going in an out on a permanent basis because it is only 28 ft. wide. It might create more of a risk than staff would be wmfortabb with. He would defer to the engineers. Commissioner Monroy referred to Condition #33 on page 13 of Resolution No. 3899 which states that the developer shall provide an irmvocabto offer of dedication for a trail. He inquimd if the Only qUeStiOn is whether or not he builds it. Mr. Henthom replied yes. Commissioner Compas is concerned that there Q a lot of expens8 in building those two roads through the proj8ct. He inquired about the prices which will b8 put on the homes. Mr. Henthom replied that the prices will probably compete with Cobbi8ston8 and Aviara. December 24X1995 Commissioner Cornpw inquired when construction of the roads might begin. Mr. Henthom replied that it will probably b8 som8tim8 in 1997. Chairperson Welshons requested Mr. Hauser to respond to the possibility of retaining Sheet ‘0’ as a permanent connection. Mr. Hauser replied that there is a 50 ft. setback off of Poinsettia Lane and the lot is 100 ft. so it would meet the intersection spacing requirement for a local street. Blackrail south of Poinsettia will most likely be a collector street so it will be about 300 ft. Unless Cobbl8ston8 we18 to revise their map to make it a public street, this intersection could probably work but staff wouid prefer that it b8 a standard intersection rather than 28 ft. A standard intersection is 40 ft. curb to curb with a 60 ft. right-of-way. Mr. Henthom commented that he could not support making Street ‘0’ a standard intersection because it will cost them two lots and the infrastmcture cost is already quite high. However, he would try to make the accommodation. Commissioner Erwin commented that he is happy to see the proposed affordable housing within the project but he is bothered by the second paragraph in Condition #22 which would allow them to purchase offsite credits. He inquired what would constitute “not appropriate.” Mr. Henthom replied that City Council Policy #S7 contains a series of items that would indicate onsite affordable housing is not feasible. There are many fadOf’S t0 b8 considered and a d8V8lOp8r must present their cas8 bawd on the checklist Wntained in the policy. The Combined Project Review Committee which consists of various upper level staff would evaluate the request and make a determination as t0 whether or not OnSit affOtdaMe housing is feasi#8. Commissioner ENvin commented that since onsite is being proposed, it must be feasible. Mr. Henthom replied that when th8 proforma was run approximately one year ago, the funding mechanisms for affordable housing projects was a little bit different than it is today. At that time, this project was upside down by about $800,000 and it took a combination of various funding sources to reduce the gap. Thet-8 is a lot of flux in the various mechanisms and he doesn’t want to be locked into the onsite requirement if there is no funding available when they are ready to start wnstnrction. Commissioner Erwin inquired if a 16 unit onsite project is feasible at this time. Mr. Henthom replied yes. Commissioner Compas inquirad if it came down to an economic standoff, would the applicant prefer to build the affordable housing onsite or offsite. Mr. Henthom replied that if it is economiwlly feasible, they would prefer to build it because they could sell th8 units and help finance the rest of th8 project. Chairperson W8lShOnS Opened th8 pubtic testimony and issued the invitation to speak. Evelyn E. McKinney, 6525 El Camino Real, Cartsbad, addressed the Commission and read a prepared statement requesting the Planning Commission diWpprOV8 the proj8ct Unless the d8V8lOp8r completes the additional 1 ,tI66 ft. of Poinsettia Lane which travels past their gr88nhOUS8S. She contends that this proj8ct will destroy h8r l8nd, her business, and h8r financial potential unless Poinsettia Lane is completed. A copy of Ms. McKinn8y’s letter dated December 20, 1995 was given to the Minutes Cletlc and will b8 on file in the Planning Department. Ronald C. McKinney, 6525 El Camino Real, Carlsbad, addressed the Commission and read a preqared statement stating the damaging wns8quenws which the Ocean Bluff project will haV8 on his property. He stated that he has suffered financially because he cannot sign a wntmct for future production if there is any possibility that th8 City might condemn his property and put him out of business. He stated that he has been promised many times that the next development would punch Poinsettia Lane through. The Ocean Bluff project is the next d8VelOpm8nt and they are not being required to complete the road. Without the WIT@dOn Of Poinsettia, it has Nin8d his property for d8V8lOpm8nt nor iS it Salable b8WUS8 a prOSpediV8 &Wd’MWr Would Wt Want to pUrchaS8 the property knowing they would haV8 the burden Of putting Out thousands of dollars for mad improvements. PUNNING COMMISSION December 20,1995 PagS 10 Commissioner Etwtn inquired if th8 City has ever written him a letter proposing to take his property. Mr. McKinney replied no. Commissioner Erwin inquired why he believes the City might take his property. Mr. McKinney replied that he surmis8d that from what h8 has heard at various meetings. Commissioner Erwin inquimd why he doesn’t just continue doing business as though nothing we18 going to happen. If h8 has written contracts, he would have some leverage to show that he wouM be losing business. Mr. McKinney replied that he would still haV8 to go through a lawsuit and it would cost him a lot of money. Chairperson Welshons allowed the applicant time for rebuttal. Jack Henthorn, 5431 Avenida Encinitas, Suite J, Cartsbad, addressed the Commission and stated that the timing of Poinsettia Lane is not a new issue. The City has established an alignment for Poinsettia and Alga and is moving forward on a fee district which will ultimately provide for compensation to people like the McKinney’s who choose not to negotiate a purchaS8 of their land. In the event wndemnation powers are requested by the developer, theI- are very strict compensation requirements for damages, purchaS8 of the land, and any court costs associated with disruption of their contracts. He thinks the Commission should k88p in mind that Ocean Bluff has no requirement for Poinsettia Lane. Neither will it haV8 any impact on the McKinney’s ability to us8 their property. There is no reason why they cannot continue their greenhouse operation on that site. The Ocean Bluff grading will not impact their operation. The Only possible impact is the potential extension of Blackmil Court. At that point, th8 only portion of their land which is impacted is a very Small amount of slop8 in th8 northwest comer. The future Blackmil Court runs along the dirt road and there are no gr8enhOUS8S th8r8. The only impact caused by Owen Bluff is a small amount of grading and the us8 of the existing dirt road which will b8 the future Blackrail Court. He has been working with Mr. Hauser to establish the fee district and it is close to going to City Council. The fee district contains provisions to connect Poins8ttia Lane and compensate th8 McKinney’s for any business losses. Commissioner Nielsen inquired if the applicant has an eaS8m8nt for building Street “X to POinS8ttia Lane. Mr. Henthom replied that staff has letters on file which state that the property owners are cooperating on the connection. There being no other persons desiring to address the Commission on this topic, Chairperson W8lShOnS declared the public testimony dosed and opened th8 item for discussion among the Commission m8mb8m. Commission8r Nl8N8n agrws wtth the proposal for the Planning Dimctor to approve the architectural design and hav8 it corn8 back to the Planning Commission as an information item. There are more than enough saf8gu8rds In pi8w. Commissioner Erwtn disagrees with Commissioner Ni8lS8n but he would like Mr. Hauser to respond to the McKinney’s comments. Mr. Hauser replied that th8 comments quoted by th8 McKinney’s ~81-8 a matter of public record and he would Stand by them all except for the comment that the next prOjed wouM punch Poinsettia Lane through. when Ocean Bluff first came in, staff intended to have that happen but during negotiations, another alternative was sel8cted which better met the nexus. He doesn’t know when the road wnn8ction will be made but ho Wn’t imagine allowing other development to the east without wm~etion of the road. Commissioner Erwin inquimd if Mr. Moo18 will lose his acc8ss to th8 dirt road known as La Costa Boulevard. Mr. Haus8r replied that Mr. Moor8 obtains his acc8ss off Blackmil Court and that the grading for Poinsettia will include a provision to maintain acwss to existing dirt roads. Mr. Hauser added that there PlANNiNG COMMISSION December 20,1995 P&j8 11 may b8 some pronufo on th8 Cii Council t0 prohibit th8 Westbound movement Of trucks through th8 CWanbkJff SUbdhriskn if th8 f8~id8ntS don’t Want agricultural tN&S tmveiing through their n8ighbOrhood. Commissioner Etwln referred to paragraph two of Condition #22 regarding offsite affordable housing credits. He would prefer that this b8 returned to the Planning Commission. Mr. Wayne replied that this wukl b8 done. The Planning Commission would be approving the offsiie option the way Condition #22 is written now. If the Planning Commission wants to b8 involved in this decision, this condition Wn be changed; however, Policy #57 states that the offsite option shall b8 the exclusive decision of the City Council. Commissioner Monroy commented on Mr. McKinney’s statement that light and dust will be detrimental to his greenhouse operation. He recalls previous projects which required appropriate watering to eliminate that issue. Mr. Hauser replied that Condition #28, Resolution No. 3669, page 11, contains several sub items about watering of surfaces during grading. Commissioner Monroy inquired if there are any other projects in the pipeline which might force the development of Poinsettia Lane. Mr. Hauser replied no. Commissioner Monroy inquired if a project came in next month, how long would it take to get those improvements to Poinsettia. Mr. Hauser replied that it is difficult to predict what development is going to be doing. There may be a decision at some point for the City to make that connection as part of completing that road network. COmmiSSiOner Noble Wmm8nted on Condition #22 re offsite options for affOfdaM8 housing. The federal government has ruled that we must have affordable housing. The City has been following that regulation and has made options available for some attematives to be considered. He thinks that bringing it back to the Planning Commission will only caus8 delay since th8 City Council is the only body empowered to make that decision. Commissioner Monroy commented that th8 General Plan is silent on offsite affordable housing. Rich Rudolf, Assistant City Attorney, reptied that Mr. Monroy apparently wants the record to reflect what he told him months ago about what Policy 3.6(b) of the General Plan Housing Et8m8nt means. He quoted, *A minimum of 15% of all approved units in any residential specific plan or qualified subdivision to be defined shall b8 Set aSid and made affOrdabl8 t0 lower income househokts. Wh8r8 it Wn b8 d8mOnStmt8d t0 the City’s satisfaction that it is 8conomiwily infeasible to build the required units, an in-lieu contribution consisting of funds, land, or other contributions may be made to the City. The City shall assume a fiduciary responsibility for th8S8 wnttibutions and ensure their ultimate and 8xck~siv8 us8 in providing shelter for lower income howeholds. The in-lieu contribution shall be in an amount to b8 determined from a study which shall evaluate the cost differential in developing and constructing marlret rat8 lower income affordable housing.’ Commissioner Monroy is correct that th8 General Plan is silent with regard to building the affordable houskrg. It stipulates cash wntributions rather than dealing wtth building OnSit or offsiie. You must go to the ordinanc8 for explication of that. The City Council has d8t8Wn8d that Under certain CirWmdanw nfblte b okay and it will satisfy the requirement Of th8 G8n8ml Plan. Unless som8one sues us and a court stat8s that the City Council can’t make that d8t8mIination allowed by that ordinance, that is the legiStatiV8 body’s itIterpretatiOn Of th8 G8n8ml Plan. As far as WrryiIIg Out th8 tBqUiIXIm8iItS Of the OIdinanW, you must refer t0 Policies #57 and 465. The Only way this d8V8iOp8r or any Other developer Wn get that Offsite ability is t0 ask for it and have it put in th8 approval. If it is not put in the ap9mVat, he doesn’t have it. If he asks for it, and it is includ8d in the approval, h8 has it as an option. Commtssioner Savary is wnwm8d about the safety factors of not having enough outl8ts in that development. The map r8ads that they will have a proposed 30 ft. interim acc8ss 88S8m8nt pending wnstruction of PoinWttia Lan8 and permanent secondary acWss. This is why she woukt like to se8 the Street ‘D’ connection remain open. D8wmb8r 2& 1995 Commissioner Erwin iquimd if th8 purchase of affordable credits from Villa Loma would b8 cheaper than having to pay an indusionary fee. If so, what is the dlff8r8nW in the dollar amount. Ms. Hysong replied that it is in th8 n8ighborhood of $11,285 per du. The cost of a credit in Villa Loma is $28,000 per unit. Commissioner Erwin inquired if he is correct that the 528,000 satisfies the purchase of one unit wh8r8 the $11,285 is to purchase l/6 of a unit. Ms. Hysong replied that projects with fewer than Seven dwelling units pay the $11,285 per unit so they would be paying $11,285 times six units. Commissioner Erwin stated that it will cost twice as much to build onsite units than it would to go into Villa Loma. Ms. Hysong replied that by building onsite, they would b8 paying for fewer units. Commissioner Erwin inquired why this fee has not been standardized. Evan Becker, Director of Housing & Redevelopment, replied that the City Council is preparing to take up the matter of the in-lieu fee. The credit purchase price for Villa Loma was established on a cost recovery basis. It has its own rational8 based on recovering th8 local subsidy that was infused into that project. in effect, the credits are being sold at cost. The reason that is lower than the in-lieu fee is because so much outside subsiiy was obtained for that project. Chairperson W8lShOnS requ8st8d staff to read the new condition for the Hillside D8V8tOpment Permit. Mr. Rudolf stated that Condition #43, Resolution No. 3669, would b8 revised to read as follows: “Prior to the issuance of building permits, the general visual design guidelines identified on Tab48 3.13.1 in EIR 90-03, th8 archit8dUml standards in SP 203, and the hillside architectural design requirements of Cartsbad Municipal Code Section 21.95.oeO(g) shall b8 incorporated into the proposed architecture on lots l-92 and submitted to the Planning Director for approval, subject to appeal to the Planning Commission within 10 days of th8 Dir8ctor’s decision, in accordance with the proc8dure in Carlsbad Municipal Code S8ction 21.95.030. In accordance with the visual analysis performed for the project, residential structutes on Lots 5360 and 32-36 shall be limited to a single story element for at least 50% of th8 building wverage. Chairperson Welshons requested staff to address Condition #22, R8SohJtiOn No. 3669, regarding affordable housing. Mr. Wayne stated that, based on what Mr. Rudolf stated earlier, all that is necessary to d8i8t8 the option of going offsite would b8 to delete th8 second paragraph. This would require the applicant to wme back to the Planning Commission and request an offsiie option, in accordance with Policy #57 and #58. Mr. Wayne commented that the Commission’s action on Condition #22 is advisory. Even if the Planning Commission d8Mt8S that portion of the condition, th8 City Council could add it back in and it would not wme back to this body. Chairpersw wsbtwn# tqu8st8d staff to address the stre8t acwss. Mr. Hauser stated that this fBtat8S to Condition #56E, R8sdutlw No. 3669. He woukl suggest striking the words ‘and bonding for its ultimate removal’ and adding th8 foIlwring sentence: ‘Upon wnstruc&n of Poinwttia Lane b8tw88n Blackrail Court and Strwt ‘AD the interim acwss shall b8 gat8d and utliized as 8fTl8Q8nCy acwss for the futu1’8 residents Of the subdivision: Th8 d8V8lOp8r shall WnstruCt the gateS with Phase II or shall 8t1t8r IntO a Secured agr88m8nt with th8 City to gUamMW installation of the gates at th8 time Poinsedtia Lane is Wnn8d8d as stated above.’ Chairperson Wetshorts asked Commissiowrs Nielsen and Savary if this wwling is acceptable. Commissioner SaVary wn acwpt the gating as long as th8m is acww in ws8 of an emerg8ncy. Commissioner Ni8lwn would prefer it without a gate because Mr. Hauwr has stated that no further development will b8 allowed unless Poins8ttia Lane is wmpl8ted. AB8r further wnsidemtion, COmmissiOn8r SaVary wduld like to s88 it ungat8d also. Id5 UTES PLANNING COMMISSION December 20,1995 Page13 Mr. Hauser commented that without the gate, it would need to be full street width. Commissioners Nielsen and Savary agrw that it would need to be the full street width. Mr. Hauser revised Condition #S6E to read as follows: ‘Full improvements to streets ‘0,” ‘E,’ and ‘F.” Street ‘D’ shall be redesigned to provide a full wtdth City standard road connection to Blackrail Court, with the exception that the right-of-way will be reduced to 56 ft. between Street ‘E’ and Blacktail Court. The design of said connection and the reconfiguration of the adjoining lot shall be to the satisfaction of the City Engineer and Planning Director.’ Chairperson Welshons inquired how wide that street will be. Mr. Hauser replied it will be 40 ft. curb-to-curb with a 60 ft. right-of-way. Street ‘6’ to the end of the cul-de-sac is designed out at 38 ft. width with a 56 ft. right-of-way. Mr. Hauser is not sure what impact that would have on the adjoining street. Staff may have to accept a street width of 40 ft. with a 56 ft. right-of-way if the 60 ft. right-of-way cannot be arranged. Chairperson Welshons requested a response from the applicant. Mr. Henthom replied as follows: l Street Width - His engineer believes it will be problematic if the right-of-way needs to be 60 ft. The original condition with a gate eliminated that problem. The 56 ft. right-of-way would probably be okay but he would prefer to have the street gated to eliminate traffic through the project. l Hillside Development Permit - He can accept the revised language to Condition w13. l Affordable Housing, deleting the second paragraph of Condition #22 - He feels that the Planning Commission is putting the City Council in a tough position. If the onsite affordable housing is not feasible, he would have no alternative but to request funding from the City. The money has to come from somewhere. Policy #57 and #58 came about because the City Council understood there would be situations where funding demanded that affordable housing credits be used. If this paragraph is taken out, they will request the City Council to add it back in. Commissioner Nielsen inquired if he could accept the open connection if the right-of-way were 58 ft. Mr. Henthom replied yes. Mr. Hauser referred to the staff memo dated December 20,1995 and suggested that the proposed condition be added to Condition #SS H, Resolution No. 3899, in order to avoid renumbering. ACTlOW: Motion by Commissioner Savary, and duly seconded, to adopt Planning Commission Resolution No. 3870 approving SDP 93-07, and adopt Planning Commission Resolution Nos. 3897,3868,3889, and 3871 recommending approval of LCPA 95-09, ZC 93-04, CT 93-09, and HDP 93-09 based on the findings and subject to the conditions contained therein, including the addendum submitted by staff memo dated December 20,1995 as amended by Mr. Hauser. ACTION: Motion by Commissioner Nielsen, and duly seconded, to adopt the amendment to Condition m, Resolution No. 3869, as read into the record by the Assistant City Attorney. VOTE: s-2 (~d/nant caftiw) AYES: Compas, Nielsen, Noble, Savary, Welshons NOES: Erwin, Monmy ABSTAIN: NOW PLANNING COMMISSION December 20,1995 Page 14 ACTION: VOTE: AYES: NOES: ABSTAIN: ACTION: VOTE: AYES: NOES: ABSTAIN: ACTION: VOTE: AYES: NOES: ABSTAIN: Motion by Commissioner Erwin, and duly seconded, to delete paragraph two of Condition #22, Resolution No. 3889. 2-5 (Amendmenr foils Erwin, Monroy Compas, Nielsen, Noble, Savary, Welshons None Motion by Commissioner Nielsen, and duly seconded, to revise Condition #58E, Resolution No. 3889, to read as follows: ‘Full improvements to streets ‘D,’ ‘E,’ and ‘F.’ Street ‘0” shall be redesigned to provide a full width City standard road access to Blackrail Court with the exception that the right-of-way shall be a reduced to 58 ft. between Street ‘E” and Blackrail Court. The design of said connection and reconfiguration of the adjoining lot shall be to the satisfaction of the City Engineer and Planning Director.’ 8-l (Amendment carries) Erwin, Monroy, Nielsen, Noble, Savary, Welshons Compas None Motion by Commissioner Nielsen, and duly seconded, to delete Condition #3, Resolution No. 3871, Hillside Development Permit. 8-l (Amndment carries) Compaq Monroy, Nielsen, Noble, Savary, Welshons Erwin None Chairperson Welshons called for final comments. Commissioner Erwin stated that he thinks the Commission has made a mistake by putting R-l in Zone 20. Commissioner Nielsen voted for leaving the condition in to allow the applicant to request offsite affordable housing credits. However, he wants it known that he is in favor of trying to proliferate affordable housing throughout the City. Commissioner Savary pan support the project with the amendments which have been made. Commissioner Mor#oy can also support the project with the amendments. Commissioner Noble can support the project, particularly after Mr. Henthom stated that the assessment district is being formed and is moving along rapidly. This should ba able to help Mr. and Mrs. McKinney to ensure that Poinsettia Lane gets completed past their property. Commissioner Compas supports the project but he hopes they will keep the affordable housing onsite. Chairperson Welshons supports the project and appraciatas the discussion which took place on the affordable housing. She called for a vote on the main motion. - - December20,1995 VOTE: 7-o AYES: COn’p8s, Edwin, Monroy, Nielsen, Noble, Savary, Weishons NOES: None ABSTAIN: None PagelS 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 -- EXHIBIT 7 HOUSING COMMI!BION RESOLUTION NO. 96-001 A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA TO RECOMMEND APPROVAL OF THE DEVELOPMENT OF 16 APARTMENT UNITS AFFORDABLE TO LOW INCOME HOUSEHOLDS WITHIN THE OCEAN BLUFF PROJECT AT THE NORTHWEST CORNER OF THE FUTURE POINSETTIA LANE AND BLACKRAIL COURT IN THE ZONE 20 SPECIFIC PLAN. APPLICANT: OCEAN BLUFF PARTNERSHIP CASE NO.: AHP 96-01 (CT #93-09 And SDP #93-07) WHEREAS, an Affordable Housing Project (AHP) Application (No. 96-01) has been submitted to the City of Carlsbad’s Housing Commission for review and consideration; WHEREAS, said Housing Commission did, on the 8th date of February, 1996, hold a public meeting to consider said application; and WHEREAS, at said public meeting, upon hearing and considering all testimony, if any, of all persons desiring to be heard, said Commission considered all factors relating to the application. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission of the City of Carlsbad, California, as follows: 1. 2. . . . . . . . . . . . . The above recitations are true and correct. That based on the information provided within the application and testimony presented during the public meeting of the Housing Commission on February 8, 1996, the Commission recommends APPROVAL of Affordable Housing Project (AHP) No. 96-01 containing 16 apartment units to be affordable to low income (50%- 80% of county median) households subject to the findings and conditions outlined herein. 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 - HC Resolution No. 96-001 Page 2 3. That the Commission’s recommendation for approval of said affordable housing project does not include support for any financial assistance for the project. FINDINGS: 1. The project is consistent with the goals and objectives of the City of Carlsbad’s Housing Element and Comprehensive Housing Affordability Strategy, the Inclusionary Housing Ordinance, the Density Bonus Ordinance and the affordable housing requirements of the approved Zone 20 Specific Plan. 2. The project will provide a total of 16 apartment units (1, 2 and 3 bedroom) affordable for rent to households at 50% to 80% of the county median which meets a “high priority” affordable housing need as outlined within the City of Carlsbad’s approved 19952000 Consolidated Plan. The project, therefore, has the ability to effectively serve the City’s housing needs and priorities as expressed in the Housing Element and the Consolidated Plan. CONJXTIONS: 1. 2. 3. . . . . . . . . . . . . . . . Recommendation of approval is granted for AHP No. 96-01, as shown on Site Development Plan 93-07, incorporated by reference and on file in the Housing and Redevelopment Department. Development shall occur substantially as shown unless otherwise noted in the conditions of project approval by the City Council. Recommendation of approval is granted for AHP No. 96-01 subject to the condition that the applicant submit an acceptable schedule for construction of the required ratio of income restricted units for inclusion in the final Affordable Housing Agreement to be approved prior to Final Map. The schedule shall indicate acceptable construction phasing for the affordable units in relation to the construction of the market rate units. The applicant shall maintain rents at the allowable affordable rate (based on household size) for low income households with incomes equal to 50% to 80 % of the county median upon lease up of units and continuing for the full period of affordability. 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 HC Resolution No. 96-001 Page 3 4. The affordable housing units must be restricted for “the useful life of the project” which means a minimum of 55 years. 5. Upon final approval of said affordable housing project and prior to final map approval, the applicant shall enter into an Affordable Housing Agreement with the City of Carlsbad. The agreement Shall be binding to all future owners and successors in interest. The Affordable Housing Agreement shall include all terms and conditions of said project approval and outline the incentives (financial or other), if any, to be provided by the City of Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing Commission of the City of Carlsbad, California, held on the 8th day of February, 1996, by the following vote, to wit: AYES: NOES: Chairperson Calverley, Commissioners: Schlehuber, Escobedo, Noble, Rose, Sato, Scarpelli & Wellman. None. ABSENT: None. ABSTAIN: None. Housing ATTEST: EVAN BECKER, Housing and Redevelopment Director .a EXHIBIT 8 TES Cm 01 C- HOUSING&RED- DErARntm A REPORT TO THE HOUSING COMMISSION Item No. 1 I Staff: Evau E. Becker Housing & Redevelopment Director I DATE: FEBRUARY 8,1996 SUBJECT: OCEAN BLUFF AFFORDABLE HOUSING - LCPA 95-09lZC 9344lCT 93- 09/SDP 93-07/HDP 93-09 - Request for recommendation of approval of a 16-u& affordable apartment project satisfying the affordable housing obligation of the project known as Ocean Bluff. I. RECOMMENDATION That the Housing Commission ADOPT. Resolution No. 96-001, recommending APPROVAL of 16 affordable apartment units (SDP 93-07) within the Ocean Bluff project in order to satisfy an affordable housing obligation under the City’s Inclusionary Housing Ordinance. II. BACKGROUND On December 20, 1995, the applicant, Ocean Bluff Partnership, received a recommendation for approval from the Planning Commission for a Tentative Tract Map, Local Coastal Plan Amendment, Zone Change, Site Development Plan and Hillside Development Permit to subdivide a 31.2 acre parcel into 92 standard single-family lots, one open space lot and one multiple-family lot with 16 affordable apartment units. The affordable project, as shown in the Site Development Plan included in the Planning Commission Staff Report (Exhibit 3), is proposed to satisfy the inclusionary housing requirement of the Ocean Bluff project. The developer’s 15% inclusionary requirement is 16.24 dwelling units, which according to tde Inclusionary Housing Ordinance, must include two (2), three-bedroom units. The fractional unit may be satisfied by payment of the appropriate fractional amount of the In-lieu Fee established by the Inclusionary Ordinance. The proposed affordable apartments include ten (10) one-bedroom, four (4) two-bedroom, and ,as required, two (2) three-bedroom units. Rents would be affordable to households earning between 50% and 80% of the Area Median Income. As proposed, the project will meet the developer’s obligation under the Inclusionary Housing Ordinance. OCEAN BLUFF LCPA 95-09/ZC 93-04KT 93-09/SDP 93-07/HDP 93-09 Ht. APPLXCANT/ TEAM INFORMATION The development team for the proposed project is as follows: Applicant: Ocean Bluff Partnership (Also see disclosure statement included in Exhibit 3) Developer: Ocean Bluff Partnership Landscape Architect: ADL Planning Associates Engineering: Hunsaker and Associates Project Consultant/ Manager: Jack Henthom and Associates Iv. AFFORDABLE HOUSING PROJECT LOCATION AND DESCRIPTION The project site is generally located at the northwest comer of the future Poinsettia Lane and Blackrail Court in the Zone 20 Specific Plan area and Local Facilities Management Zone. The affordable project is located in the southwestern comer of the site in proximity to Poinsettia Lane, a major circulation arterial. The project will create access to Poinsettia Lane as an off-site improvement. The site is surrounded by rural residential and agricultural uses. The affordable apartments will consist of ten (10) one-bedroom units of approximately 660 square feet; four (4) two-bedroom units of approximately 885 square feet; and two (2) three- bedroom units of approximately 1050 square feet. The units are located in two, two-story multi- family structures. The affordable project includes a recreation area of 3200 square feet of multi-purpose play area. The project is in close proximity to major employment opportunities in the Palomar industrial/office corridor. The Aviara Oaks Elementary School is approximately one mile from the site and the planned Aviara Park is within approximately l/2 mile. Commercial services are located approximately one mile from the site at Alga Road and El Camino Real. l/3 OCEAN BLUFF LCPA 95-09/ZC 93-04KT 93-09/SDP 93-07/HDP 93-09 PAGE 3 V. PROJECT AFFORDAJZUTY The applicant has presented a financial proforma which indicates the following rent and affordability levels: 1 10 2 4 3 2 TOTAL 16 $456 I 50% Ala* $527 I 50% AMI $591 I 50% AMI * Area Median Income, San Diego County As the above table indicates, the proforma rent levels are significantly below the inclusionary low-income requirement which is based on 80% of median income. VI. FINANCIAL The applicant has prepared a summarized development cost proforma which uses the above affordable rent structure and other assumptions regarding construction, financing and operating costs in order to estimate the financing “gap”, i.e. that amount of subsidy necessary to make the project feasible with affordable rents. While they are preliminary, the applicant’s estimates and assumptions appear reasonable. At a total project cost of approximately $86,0OO/unit, the proforma estimates a subsidy requirement of approximately $55,OOO/unit. These results are reasonably consistent with the City’s experience with actual projects and its study of protypical affordable projects. The financial information presented at this time only indicates that the applicant has a reasonable understanding of what will be required to develop the project. The applicant has identified no specific financing sources or commitments and no developer of the affordable housing project has been identified; therefore, it is not possible to make any assessment of project feasibility. OCEAN BLUFF LCPA 95-09/ZC 93-04KT 93-09/SDP 93-07/HDP 93-09 PAGE 4 No financial assistance is being requested at this time, but this does not rule out a request at a later date. The applicant has requested, and the Planning Commission is recommending, an overall density increase of 11.8 % in order to accommodate the 16 affordable units. This incentive for affordable housing is consistent with the City’s General Plan. The applicant’s proforma of the proposed affordable project adequately demonstrates the need for this incentive for economic reasons. VII. AFFORDABLE HOUSING AGREEMENT Prior to final map approval, the developer will be required to enter into an Affordable Housing Agreement according to the City’s Inclusionary Housing Ordinance. This agreement will establish the exact timing of project development and other specifics about the project which are legally recorded against the property. VIII. HOUSING ELEMENT CONSISTENCY The proposed project is consistent with the policies and programs of the Housing Element, Inclusionary Housing Ordinance and the Zone 20 Specific Plan affordable housing requirements. The rental apartments, affordable at 50% of Area Median Income, would rank “High Priority” according to the City’s Consolidated Plan which is required by the Department of Housing and Urban Development. Construction of these units with rental restrictions would count toward the City’s Housing Element production goals. Ix. SUMMARY It is the role of the Housing Commission to make recommendations to the City Council based on several considerations with respect to proposed affordable housing projects-- these are: 0 The proposal’s effectiveness in serving the City’s housing needs and priorities as expressed in the Housing Element and HUD Consolidated Plan. 0 The proposal’s consistency with the City’s a_trordable housing policies and ordinances, as expressed in the Housing Element, Inclusionary Housing Ordinance, Density Bonus Ordinance, etc. 0 The proposal’s deveZopment undoperating feaibility, emphasizing the development team, financing sources and the role of the City (if any) in providing financial assistance or incentives. OCEAN BLUFF LCPA 95-09/ZC 93-04KT 93-09/SDP 93-07/HDP 93-09 As proposed, the project would address established City affordable housing needs in a manner that is consistent with applicable City policies and ordinances. Subject to the condition contained in the recommended approvals from the Planning Commission that requires the developer to enter into an Affordable Housing Agreement with the City prior to final map approval, staff recommends that the Housing Commission recommend this project to City Council. This recommendation concerns only the applicant’s proposal to provide an affordable housing project on site. The Planning Commission recommendation also includes conditions that permit the option of satisfying the affordable housing obligation off-site. Pursuing an off-site option would require the developer to process a request for approval through staff, the Housing Commission and City Council as the final decision maker. EXHIBITS: 1. Housing Commission Resolution No. 96-001 2. Housing Commission Review Application 3. Staff Report to the Planning Commission dated December 20, 1995 w/attachments JiBlar l/25/% March 3,1995 J. -X HENTHORN & ASSOC - .TES EXHIBIT 2 5431 Avenida Encinas l Suite G Housing & Redevelopment Director City of Carl&ad 2965 Roosevelt St. Carlsbad, CA 92008 CarM7ad, Califxniu 92008 Fax (619) 438-0981 (619) 43&4#0 RECEIVED Re: Ckean Bluff CT-93-09/SDP 93-07 Request for Density Bonus under SDP requirements of 21.53.120 of the Zoning Ordinance. The above referenced application for City of Carl&ad Housing Commission Review is submitted to satisfy Gcean Bluffs obligation to comply with the City of Carl&ad General Plan Housing Element and Comprehensive Housing Affordability Strategy (CHAS) for affordable housing within the project. The Ocean Bluff project, CT 93-09/SDP 93-07/ZC 93-04/HDP 93-09, consists of 92 single family homes and 16 affordable units, located approximately 2,000 feet east of the intersection of Alga Rd. and Poinsettia Lane on a 30.2 acre parcel.. Ocean Bluff is requesting a 12.5% density bonus (12 units). A total of 16 units will be designated as lower-income affordable “Rental” to be located in the southwest comer of the project. The proposed affordable housing units provide a mix of one, two, and three bedroom units ranging in size from 660 Sq.Ft. to 1050 Sq. Ft. Preliminary plans show a distribution of 10 IBR, 4 2 Br, and 2 3BR units. The affordable units are intended to be available to all household types. The Gcean Bluff project meets the housing needs and priorities of the City Gf Carlsbad General Plan Housing Element, CHAS, Growth Management Zone 20, Specific Plan -SP 203 objectives and is consistent with the City of Carlsbad Inclusionary Housing Ordinance for the following reasons: Compliance with City of Carlsbad Housing Element Goals: Goal #2 Quantity and Diversity of Housing Stock. Gcean Bluff provides a total of 108 dwelling units of which 92 are single family detached and 16 are apartments for lower income families. Goal #3 Provide new affordable housing opportunities in the City to meet the needs of future lower income households: Gcean Blti complies with policy 3.2 by providing the required number of 3 bedroom units. The project will assist the City in reaching it’s target of lower income units by providing 16 affordable units. Compliance with City of Carlsbad CHAS Section 11: Five Year Strategy: Ocean Bluff is consistent with Programs 1 and 2 of the five year strategy plan by: Providing new affordable housing opportunities through a private/public sector partnership efforts. The appropriate number of 3 bedroom affordable housing units are being provided. The project will comply with the City’s Inclusionary Housing Requirements. Compliance with Growth Management Zone Specific Plan (SP-203) Ord #NS-257 Ckean Bluff provides on site lower-income affordable units in conjunction with the 92 market rate units. The Ocean Bluff project is coordinated with surrounding properties by providing major Circulation Element Roadways (Alga Rd. and Poinsettia Lane) as well as circulation and pedestrian access to Public Facilities. Gcean Bluff affordable housing product is consistent with the anticipated clustered multi- I A h family attached and stacked flat unit types indentifIed in the Specific Plan. Compliance with Inclusionary Housing Ordinance 21.85 010 CMC Ocean Bluff provides 15% of the total units for affordable (lower income) residential units. The project also complies with the Inchrsionary requirements as contained in Zone 20 Specific Plan & General Plan Housing Element. In summary, we believe the Gcean Bluff project complies with or exceeds applicable City of Carl&ad General Plan Housing Policies, Growth Management Zone 20 Development policies and the purpose & Intent of the City of Carlsbad Inchrsionary Housing Ordinance. The project will contribute towards the City’s long and short term goals as described in the CHAS. cc. Bobwineteer Anne Hysong CTTY OF CARLSBAD ,M AtiP& q&i -( HOUSh, COMMISSIOS REVlE\V APpLICc. [ION ntif’y De\,elopmenl Team tie., de\ eloper, builder, archilect, etc.): veloper-Ocean Bluff Partnership . . . . . . _ ._. . . ” 215-070-16 unit garden apartment project. Recreation area of 3200 square feet. consisting of multi purpose play are . . : .l?rw 119 . Housing Qmvnirsion Revic* Applicl(ion Page I I. TERtIS OF AFFORDABIL! - FOR AFFORDABLE LXTS (ATTACH -DITIOSAL INFOR~IATION IF NECESSARY) . argctcd Income Levels (as % of area median): 50- 80 % of county median income arget Population (ie., families, seniors, CR): Pami 1 i es [onlhly Rem .(b~ bdr. size) or Sales Price of Units: _ -Br=$456 -Br=$527 -Br=$591. ‘em-r of Affordabilit! tie., 30 y-s, Me of project, etc.): To be determined by Housing Agreement. ‘rejected Schedule for Construction of Affordable Housing units: fthin 5 years of recordation 'of final map. r the affordable .units are being constructed 10 satisfy the Cit! of Carlsbad’s Inclusionay Housing requirement, h& 41 the! be phased with respect to construcfion of the market rate units ? Please Explain Project Phasing: Affordable units will be contained in two buildings. Building =il contai #en (10) units and will satisfy the fir.sL-66 market rate units. Building $2 will be constructed prior or concurrent with the 67th market rate unit or within five (5) years of recordation of the final map. .‘_ : : _. ‘.. . . .’ .:‘. . i’. FI?khk BTOR&lATIOS OS AkOJWRLE HOL’SCc;C PP&ECT . -. ?lease attach a copy of development and operating financial proformas showing sources and uses of funds IO .- accomplish the affordable units proposed in this application. In the proformaS, plcase identif) Four subsid! sources rnd appropriate justifications for use of these sources. Describe the local financial assistance or incentives, if an!, including specific terms d&ired for ihe aflordab]e housing project which you are, or will be, requesting from the Cit) of Carlsbad: Applicant, through, the site development plan prOceSSr is requesting a density bonus of 12 units. Identify an) other project conditions which may be relevant to project feasibility: Project has a large commitment for offsite improvements (Alga Rd, .Poinsettia Lane, etc.) which requires the maximum number of market rate units. -. I Housing Commission dcviw AppIAion Page 2 ‘2’8’93 12 0 . REQUIRED AT-TACfi~lEhTS Tn APPLlCATlON he follou$g items must be allached 10 this application: Site Developmenl PIa for Affordable Housing Unils; Narrative dcicribing how the project meets the Housing Seeds and Priorilies as expressed within ihe City of Carlsbad’s Housing Element and Comprehensive Housing Affordability Strategy; Narrative on Ihe project’s consistency with the City of Carlsbad’s Affordable Housing policies a. expressed in Ihe Housing Element, klusionq Housing Ordinance, General Plan and other related documents; I Development and OperalinE Financial Proformas indicating sowces and uses of funds for the projecl, including juslification and idemificarion of subsidy sources; I Complere description of fmancid axislance or incemives including specific terms that are, or u,ill be requesred from rhe Cily of Carl&d for the project, if applicable; and, Compkled Disclosure Slaremenr of Ownership interests within Ihe project. 2 ?I. APPLICA’I’IOS SlGX4TLRES ‘roperty O\\ner ,Kame, Address and Telephone No.. -Ocean Bluff Partnership 4180 La Jolla Viilage Dr. Ste. 300 (619)452-1511 La Jolla, CA 92037 ‘, the undersigned, do hereby cetlify that I am the legal owner of the subject propert! and thal the above information s true and correct to the best of ml knowledge. . . .: : . . . .’ - . . ..a ._ * . . .- : -‘_ signature ’ . . _. .. . . . Date - : ’ . I, the undersigned applicant, do hereby certify that I am the representative of the legal owner of the subject propert! snd that the ab p”p information is t rl e and correct to the best of rn! knowledge. i ’ Applicant ! i 5ignature: jlqibH* w THE BOX BELOIY IS FOR CITY WE O?;LY Date 305/e Dale Applicarion Received: Application Received By: : Staff Recommendation: Date of Housing Commission Review: Action. on Applicalion by Housing Commission: Other Comments: . . . . . Hou$ng Coqirrion R~+v Applichon- Page 3 - OCEANBLUFF DENSITY INCREASE PRO FORMA 3/l/95 REVENUE ANALYSIS 1 BEDROOM 2 BEDROOM 3 BEDROOM 95% OCCUPANCY OPERATING COSTS @ 30% NET OPERATING INCOME DEBT SERVICE INCOME (1.2) INCOME SUPPORTED DEBT IAND DEVELOPMENT COSTS IMPROVED SITE COST $758,000 LAND CARRY 18MO $85,000 LAND DEVELOPMENT COST UNIT CONSTRUCTION COSTS UNIT SIZE SQUARE FEET (project) STRUCTURE COST $35.00 ON SITE INDIRECTS .lO% STRUCT. OVERHEAD .04 MARKETING .02 CONSTRUCTION COSTS LOAN FEES .02 CONST FINANCING SUBTOTAL FINANCING PROJECT COST GAP DEV CONTRIB LAND REQUIRED GAP FUNDING RENT UNITS REVENUE $458 10 $4,560 $527 4 $2,108 $591 2 $1,182 $7,850 $7,458 ($2,237) $5,220 $4,350 1 BR 2BR 7250 3400 $253,750 $119,000 $495,468 $843,000 3BR 2200 $77,000 $540,205 $540,205 $9,909 $27,010 $36,920 $36,920 $1,383,205 $887,737 $525,000 $362,737 $1,383,205 $887,737 12850 $449,750 $44,975 $30,320 $15,160 Jack Henthorn Associates h EXHIBIT 9 NEW BUSINESS: 1. LCPA 9509/ZC 93-04/CT 93-09/SDP 93-07/HDP 93-09 - OCEAN BLUFF - Request for recommendation of approval of a id-unit affordable apartment project to satisfy the affordable housing obligation of the project known as Ocean Bluff. Evan Becker, Housing 8 Redevelopment Director, reviewed the background of the request and stated that on December 20, 1995, the applicant, Ocean Bluff Partnership, received a recommendation for approval from the Planning Commission for a Tentative Tract Map, Local Coastal Plan Amendment, Zone Change, Site Development Plan, and Hillside Development Permit to subdivide a 31.2 acre parcel into 92 standard single family lots, one open space lot, and one multiple family lot with 16 affordable housing units. The proposed affordable apartments include ten (10) one-bedroom, four (4) two-bedroom, and two (2) three- bedroom units. Rents would be affordable to households earning between 50% and 80% of the Area Median Income. Rents will range from $456 to $591 for a three-bedroom unit. As proposed, the project will meet the developer’s obligation under the lnclusionary Housing Ordinance. Mr. Becker discussed the affordable rent structure and other assumptions regarding construction, financing, and operating costs. The cost of the affordable housing will be approximately $86,0001unit and the developer’s proforma estimates a subsidy gap of approximately $55,00O/unit. He stated that no financial assistance is being requested at this time, but a request could come at a later date. Prior to final map approval, the developer will be required to enter into an Affordable Housing Agreement according to the City’s lnclusionary Housing Ordinance. This agreement will establish the exact timing of project /a3 .- HOUSING COMMISSION February 8,1996 Page 2 development and other specifics about the project which are legally recorded against the property. Staff recommends approval. After a question and answer period with staff, Chairman Calverley invited the applicant to speak. Jack Henthome, representing the Ocean Bluff Partnership, addressed the Commission and described various affordable housing issues and funding for the project. Several funding options are being considered, including tax credits and mortgage revenue bonds. Mr. Henthome stated that it could be a combination of different types of funding. Management of the affordable housing would probably be done by an outside entity similar to the MAAC Project. One Commissioner was concerned about the segregation of the affordable housing units. She would prefer to see the affordable housing integrated throughout the project. Chairman Calverley opened the public testimony and issued the invitation to speak. There being no other persons desiring to address the Commission on this topic, Chairman Calverley declared the public testimony closed and opened the item for discussion among the Commission members. ACTION: Motion by Commissioner Scarpelli, and duly seconded, to adopt Housing Commission Resolution No. 96-001, recommending approval of 16 affordable apartment units (SDP 93-07) within the Ocean Bluff project in order to satisfy an affordable housing obligation under the City’s lnclusionary Housing Ordinance. VOTE: 8-O AYES: Calverley, Escobedo, Noble, Rose, Sato, Scarpelli, Schlehuber, Wellman NOES: None ABSTAIN: None 1 SDGi - San Diego Gas & Electric P 0. BOX 1831 * SAN DIEGO. CA QZ112d150 - 619 I696-2ooo March 28. 1996 FILE NO Mayor Bud Lewis. Carlsbad City Council 1200 Carlsbad Village Drive Carlshad. CA 92008 Re: OCEAN BLUFF TENTATIVE MAP CT93-09 Dear ,\ la!-or Lekvis: This letter is to inform you that San Diego Gas & Electric Company (SDG&E) is interested in the above referenced development by virtue of existing 100’ Transmission easement within or ad.jacent to the subject development. Due to rhe restrictive nature of the easement. any grading or other improvements within the easement or that affect access to and along the easement will require written consent from SDG&E. Since there is potential for unacceptable impacts to our easement. SDG&E requests that you red flag the project and not issue a grading permit until we revien. the prqject It-ith the developer to resolve any conflicts. Once negati1.e impacts to our easement/access have been eliminated. SDG&E will issue a “Letter of Permission for Grading”. SDG&E therefore requests that the followin, ~7 condition be added to the conditions of npprolxl for CT 93-09 for the Ocean Bluff project scheduled for public hearing on April 2. 1996: Prior ro approval of final map or issuance of grading permits. whichever occurs tirst. the applicant shall provide evidence of consultation and written consent. if required. from SDG&E for grading or other improvements within SDG&E transmission casements impacted by the prqject. i ~oc~nhll’l .doc) .-‘,I, ,‘i“ <:; ; u * P. ..- 4: f , <,. . . * .%,A. ~ :..I, \d e ._ APR-02-96 TUE 1?:49 r?I!'Y OF CARLSBAD COMM DE FAX NO, 4?%!994 ?p, ( i \' -*- ,-.. .. P, 02 8 2 z;f b s cn d c-l - APR-02-96 TUE 17: 49 - Y OF CARLSBAD COMM DE FAX NO, 4. 394 P, 03 (0 C i-t w 8 Y Y VI, E 5 n (D 0 - 0 0 (P w "r Y 1 Y Y. Yb April 15, 1996 Ocean Bluff Partnership 4180 La Jolla Village Drive, Suite 30 San Diego, CA 92037 Re: Ocean Bluff The Carlsbad City Council, at its meeting of April 2, 1996, adopted Resolution No. 96-117, approving LCPA 95-9, ZC 93-4, CT 93-9, and HDP 93-9. As a courtesy, enclosed is a copy of Resolution No. 96-117 for your records. ALETHA L. RAUTENKRANZ, CMC City Clerk ALR:ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 a9 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: l am over the age of eighteen years and not a party to or interested in the above- entitled mat&r. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30,1989 (Blade-Citizen} and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: March 22, 1996 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at California, this 22nd day of March, 1996 This space is for the County Clerk’s Filing Stamp Proof of Publication of Public Hearing _--_---------------------- ----------m-e------------- NORTH COUNTY TIMES Legal Advertising - NOTICE OF PUBLIC HEARIF- CT 93-9/ZC 93=4/LCPA 95-9/HDP 93-9 - OCEAN BLUFF NOTICE IS HEREBY GIVEN to you because your interests may be affected, 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, April 2, 1996, to consider an application for a Tentative Map, Zone Change, Local Coastal Plan Amendment and Hillside Development Permit to rezone from L-C to R-l a vacant 31.2 acre site, and subdivide 92 single family lots and one multiple family lot with 16 affordable apartment units, on property generally located at the northwest corner of future Poinsettia Lane and Blackrail Court, in the Zone 20 Specific Plan area and Local Facilities Management Zone, and more particularly described as: Lot 3 in Section 22, Township 12 South,, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, excepting therefrom those portions thereof lying north of the south boundary line of Ranch0 Agua Hedionda, as said south line was established May 5, 1913 by decree of the Superior Court of the State of California, in and for San Diego County, in that certain action (No. 16830) entitled Kelly Investment Company, a corporation, vs. Clarence Dayton Hillman and Bessie Olive Hillman. If you have any questions regarding this matter, please call Ann Hysong in the Planning Department, at (619) 438-1161, ext. 4477. If you challenge the Tentative Tract Map, Zone Change, Local Coastal Program Amendment, and/or Hillside Development 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. The time within which you may judicially challenge this tentative subdivision map, if approved, is established by state law and/or city ordinance, and is very short. APPLICANT: Ocean Bluff Partnership PUBLISH: March 22, 1996 CARLSBAD CITY COUNCIL .~ ~. ., _ _. . . ..\_’ ,. ‘...‘-: OCEANBLUFF LCPA 95009/ZC 93004/CT 93-09/ SDP 93007/HDP 93-09 ..I ) . ..>_ ‘-; (For.m A) TO: C1T.Y CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice LCPA 95-09/ZC 93-04/CT 93-09/HDP 93-09 - OCEAN BLUFF for a public hearing before the Clty Council. L Please notice the item for the council meeting of Thank you. February s, 1996 Date NOTICE OF PUBLIC HEARING NOTlCE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Car&bad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, December 20, 1995, to consider a request for a Local Coastal Plan Amendment, Zone Change, Tentative Tract Map, Site Development Plan and Hillside Development Permit to rezone from L-C to R-l a vacant, 31.2 acre site and subdivide 92 single family lots and one multiple family lot with 16 affordable apartment units on property generally located at the northwest comer of future Poinsettia Lane and Blackrail Court in the Zone 20 Specific Plan area and Local Facilities Management Zone and more particularly described as: Lot 3 in Section 22, Township 12 south, range 4 west, San Bemadino base and meridian in the County of San Diego, State of California, excepting therefrom those portions thereof lying north of the south boundary line of Ranch0 Agua Hedionda, as said south line was established May 5, 1913, by decree of the Superior Court of the State of California, in and for San Diego County, in that certain action (No; 16830) entitled Kelly Investment Company, a corporation, vs. Clarence Dayton Hillman and Bessie Olive Hillman. 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 December 14, 1995. If you have any questions, please call Anne Hysong in the Planning Department at (619) 438-l 161, ext. 4477. If you challenge the Car&bad Tract Map, Zone Change, Local Coastal Program Amendment, Hillside Development Permit and/or Site Development Plan 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 Carfsbad at or prior to the public hearing. CASE FILE: CT 93-&&&4/L&95-09/HD~3-09~& CASE NAME: OCEAN BLUFF PUBUSH: DECEMBER 9,1995 CITY OF CARL&AD PLANNING COMMISSION AH:kr 707.5 Las P3lma.c nrive - Carl~chaci Califnrnis 97fIfIQ-1 Fi7f5 - (61 C?l 4.18-l 1 fil m . - - SANDAG STE 800 400 ‘B’ ST SAN DIEGO CA 92101 FACILITIES FOR CITY CLERK OCEAN BLUFF - LCPA 95-09/ZC 93-04/CT 93-09/HDP 93-09 CALIF DEFI- OF FISH & GAME 330 GOLDENSHORE #50 LONG BEACH CA 90802 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 SAN DIEGO COUNTY PLANNING STE “B” 5201 RUFFIN RD SAN DIEGO CA 92 123 CITY OF CARLSBAD PLANNING DEPARTMENT ANNE HYSONG REGIONAL WATER QUALITY BD STE B 977 1 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 AIR POLLUTION CONTROL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92 123 . - - OCEAN BLUFF PARTNERSHIP JE LIGUORJ 4180 LA JOLLA VILLAGE DR 11739 TOERGE DRIVE SUITE 300 LA MIRADA CA 90638 LA JOLLA CA 92037 PACWEST Q A-I 550 W C STREET SAN DIEGO CA 92101 RE MCKINNEY 4355 HUERFANO AVE SAN DIEGQ CA 92117 RONALDROESCH 2800 NEILSON WAY SUITE 708 SANTA MONICA CA 90405 VICTORIA FERNANDEZ PO BOX 395 CARDIFF CA 92007 POINSETTIA HILLS PARTNERS 111 N ATLANTIC BLVD SUITE 102 MONTEREY PARK CA 91754 KAISER LIFE INSURANCE 1615 CALLE DE CINCO LA JOLLA CA 92037 MA HIDALGO ARIE DEJONG 65 11 EL CAMINO REAL 622 EAST MISSION ROAD CARLSBAD CA 92009 SAN MARCOS CA 92069 WALLACE AITCHISON MHPP INC 5 155 E BOBOLINK LANE 9841 LA JOLLA FARMS RD PALM SPRINGS CA 92264 LA JOLLA CA 92037 DONALD SWORTWOOD GEORGE BOLTON 8462 EL PASEO GRANDE 65 19 EL CAMINO REAL LA JOLLA CA 92037 CARLSBAD CA 92009 AVIARA LAND ASSOCIATES 2011 PALOMAR AIRPORT RD STE 206 CARLSBAD CA 92009 MN CARDOSA PALOMAR OAKS BUSINESS 6491 EL CAMINO REAL 10960 WILSHIRE BLVD CARLSBAD CA 92009 SUITE 1225 LOS ANGELES CA 90024 ’ LCP INTERESTED PARTY LIST DON AGATEP UPDATED 2/96 PO BOX 590 CARLSBAD CA 92008 BOB ALIAN STANDARD-PACIFIC 1731 COLGATE CR LA JOLlA CA 92037 ALBERT ANDERSON JR 2006 SPERRY AVE PATTERSON CA 95353 BIRTCHER PACIFIC ROBERT CAMPBELL 27611 LA PAZ ROAD LAGUNA NIGUEL CA 92677 ANTHONY BONS 1124 BLUE SAGE SAN MARCOS CA 92069 COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKlAND CA 94612 CHAMBER OF COMMERCE PO BOX 1605 CARLSBAD CA 92008 CITY OF CARLSBAD MAIN LIBRARY 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 CITY OF OCEANSIDE 300 NO COAST HWY OCEANSIDE CA 92054 CITY OF ENCINITAS 505 SOUTH VULCAN AV ENCINITAS CA 92024-3633 ANDERSON HORACE & MARY 2010 SHERIDAN AVE ENCINITAS CA 92024 FLOYD ASHBY 416 IA COSTA AVE ENCINITAS CA 92024 NORTH COUNTY TIMES 1722 SOUTH HILL ST OCEANSIDE CA 92054 BREMERMANN BIX 1547 LORING ST SAN DIEGO CA 92109 CA DEPT OF TRANSPORTATION A-l-l-N: KURT BARNES 2829 JUAN ST SAN DIEGO CA 92110 CARLSBAD MUNICIPAL WATER 5950 EL CAMINO REAL CARLSBAD CA 92008 CITY OF CARLSBAD BRANCH LIBRARY, SUITE 200 6949 EL CAMINO REAL CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069 HAROLD CLARKE 824 CAMINITO DEL REPOSO CARLSBAD CA 92008 AK OLIVER LTD C/O CHRIS KOLB 1911 SAXONY ENCINITAS CA 92024 HORACE & MARY ANDERSON 400 LA COSTA AVE ENCINITAS CA 92024 DONALD & BEVERLY BE-ITS 2051 SHERIDAN RD ENCINITAS CA 92024 GEORGE BOLTON 6519 EL CAMINO REAL CARLSBAD CA 92008 MARGARET BROWNLEY 4120 SKYLINE CARLSBAD CA 92008 CARLSBAD SUN DONNA MEDEIRON EDITOR 2841 EAST LOKER AVE CARLSBAD CA 92008 BM CHRISTENSEN PO BOX 188 CARLSBAD CA 92008 CITY OF CARLSBAD CITY CLERK 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 MICHAEL CORDOZA 1698 CREST DR ENCINITAS CA 92028 - - CAL COASTAL COMMISSION CHUCK DAMM, SUITE 200 3111 CAMINO DEL RIO NORTH SAN DIEGO CA 92108-5722 PRESIDENT BILL DEAN BAT LAGOON FOUNDATION 675 NORMANDY ENCINITAS CA 92024 WILLIAM & RUTH DEALY 1282 CREST DR ENCINITAS CA 92024 DEPT HOUSING & CO DVPT AlTN: PERlA ESTON 7940 WILLOW GLEN RD LOS ANGELES CA 90046 KAREN DOCKINS 410 LA COSTA AVE ENCINITAS CA 92024 CARLENE TIMM SAN DIEGO GAS & ELECTIC PO BOX 1831 SAN DIEGO CA 92112 LESLIE & FILOMENA ESPOSITO 2934 EAST FIRST ST LONG BEACH CA 90803 BILL HORN - SUPERVISOR COUNTY ADMIN CENTER 1600 PACIFIC HWY SAN DIEGO CA 92101 SD CO DPT PLN & LAND USE DICK EMPEY, SUITE B-5 5201 RUFFIN RD SAN DIEGO CA 92123 SYLVIA ESTES 510 LA COSTA AVE ENCINITAS CA 92024 ROBERT FARRIS 1929 ALTA VISTA DR VISTA CA 92083 FLOWER PATCH 6491 EL CAMINO REAL CARLSBAD CA 92008 FLOWER PEDDLER 6523 EL CAMINO REAL CARLSBAD CA 92008 CYRIL & MARY GIBSON 12142 ARGYLE DR LOS ALAMITOS CA 90720 A GEISBRET 3101 SAN GABRIEL GLENDALE CA 92108 MARY GRIGGS CA STATE LANDS COMM 1807 13TH ST SACRAMENTO CA 95814 HUGO HANSON 210 ROUNDTREE WY SAN RAFAEL CA 94903 MANUAL HIDALGO 6511 EL CAMINO REAL CARLSBAD CA 92008 BEN HILLEBRECHT 2170 SKYLINE DR ESCONDIDO CA 92027 BRUCE HOCHMAN 2054 SHERIDAN RD ENCINITAS CA 92024 HOEHN C/O CHEVRON USA INC PO BOX 7611 SAN FRANCISCO CA 94120 RONALD & JUDITH HOLDEN 2022 SHERIDAN RD ENCINITAS CA 92024 LEUCADIA CO WTR DIST 1960 LA COSTA AVE CARLSBAD CA 92009-6810 HUNT PROPERTIES INC 2400 THANKSGIVING TOWER 1601 ELM ST DALLAS TX 75201 LAKESHORE GARDENS 7201 AVENIDA ENCINAS CARLSBAD CA 92008 LA COSTA HOTEL & SPA COSTA DEL MAR RD CARLSBAD CA 92009 ANASTASIA IAITAS MARIA & ETAL SOUGIAS PO BOX 2047 ENCINITAS CA 92024 PERRY & BARBARA LAMB RFD 3 BOX 3066 MERE POINT RD BRUNSWICK ME 04011 JOHN LAMB 947 NORTH LA CIENEGA BLVD LOS ANGELES CA 90069 LANIKAI 6550 PONTO DR CARLSBAD CA 92008 STATE DEPT FISH & GAME ERIC LODGE LODGE & HELLER 1901 CAMINO VIDA ROBLE CARLSBAD CA 92008 WILLIAM LUJAN 6505 EL CAMINO REAL CARLSBAD CA 92009 AlTN: EARL LAUPPE, SUITE 50 330 GOLDEN SHORE ST LONG BEACH CA 90802 HERMAN & LOIS MAY 2041 SHERIDAN RD ENCINITAS CA 92024 EARL & MARSHA MAY 2021 SHERIDAN RD ENCINITAS CA 92024 MB SHORES CORP PO BOX 2571 ENCINITAS CA 92024 MCMURPHY CORP 640 GRAND CARLSBAD CA 92008 ANDREW MCREYNOLDS 2316 CALLE CHIQUITA IA JOLlA CA 92037 JANE MERRILL lAFC0 1600 PACIFIC COAST HWY SAN DIEGO CA 92101 GUY MOORE JR 6503 EL CAMINO REAL CARLSBAD CA 92008 MICHAEL & BARBARA MURPHY 640 GRAND AVE CARLSBAD CA 92008 BRllTON & DREW NICOL 4444 OAKWOOD AVE LA CANADA CA 91011 OLIVENHAIN MWD 1966 OLIVENHAIN RD ENCINITAS CA 92024 MIGUEL PADILLA 754 DEL RIEGO ENCINITAS CA 92024 LEE ANDERSON, PRESIDENT RANCH0 CARLSBAD MHP 5200 EL CAMINO REAL CARLSBAD CA 92008 STELLA HOLIAND SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 REDIKOP J & VAUGHAN S 2056 SHERIDAN RD ENCINITAS CA 92024 REGIONAL WATER QUALITY BD STE B 9771 ClAlREMONT MESA BLVD SAN DIEGO CA 92124-1331 LARRY SALATA US FISH & WILDLIFE SERVICE 2730 LOKER AVE WEST CARLSBAD CA 92008 SAN DIEGUITO WATER DIST 505 SOUTH VULCAN AVE ENCINITAS CA 92024 SANDAG - EXEC DIRECTOR 1ST INT PLAZA, SUITE 800 401 “B” STREET SAN DIE0 CA 92101 SD CO ARCHAEOLOG SOC INC C/O CAROL WALKER 829 EAST BOBIER DR VISTA CA 92084-3865 WILLIAM SAVAGE PO BOX 773 RANCH0 SANTA FE CA 92067 DALE & DONNA SCHREIBER 1457 CREST DR ENCINITAS CA 92024 MICHAEL & BARBARA SHORES PO BOX 2571 ENCINITAS CA 92024 SIERRA CLUB SAN DIEGO CHAPTER 3820 RAY SAN DIEGO CA 92101 DAVID SITTNER 2808 LUCIERNAGA ST CARLSBAD CA 92009 FRANCIS & PATRICIA STRAUSS 2055 SHERIDAN RD ENCINITAS CA 92024 SUN-FRESH FLORAL 6515 EL CAMINO REAL CARLSBAD CA 92008 SPIERS ENTERPRISES DWIGHT SPIERS, SUITE 139 23 CORPORATE PLAZA NEWPORT BEACH CA 92660 TABATA BROS DAVID THOMPSON THOMPSON ROSE CO PO BOX 943 7400 BATIQUITOS DR 7040 ROSE DRIVE CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 DEPT OF AGR WEIGHTS & MSRS WALDON & DELORES WELTY FRED & LITA WESTON JENNIFER TIERNEY, BLDG 3 2076 SHERIDAN RD 514 LA COSTA AVE 5555 OVERLAND AVE ENCINITAS CA 92024 ENCINITAS CA 92024 SAN DIEGO CA 92123-1292 DANA WHITSON 5051 SHORE DR CARLSBAD CA 92008 LCP MANUAL APPENDIX -A 2/96 ‘92 LABELS ABAG REVAN A F TRANTER EXEC DIR ASSOC OF BAY AREA GOVERNMENTS PO BOX 2050 OAKLAND CA 94604 , AMBAG NICOLAS PAPADAKIS EXEC DIR ASSOC OF MONTEREY BAY AREA GOVERNMENTS PO BOX 190 MONTEREY CA 93940 SBCCAPC G R LORDEN EXEC DIR SANTA BARBARA COUNTY-CITIES AREA PLANNING COUNCIL 922 IAGUNA ST SANTA BARBARA CA 93101 SCAG MARK PISANO EXEC DIR SO CA ASSOC OF GOVERNMENTS STE 1000 600 S COMMONWEALTH LOS ANGELES CA 90005 OFFICE OF PLANNING AND RESEARCH PUBLIC UTILITIES COMMISSION OFFICE OF LOCAL GOVERNMENT AFFAIRS 350 MC ALLISTER ST 1400 TENTH ST SAN FRANCISCO CA 94103 SACRAMENTO CA 95814 DEPARTMENT OF JUSTICE ANTHONY SUMMERS DEPUTY ATTORNEY GENERAL RM 700 SAN DIEGO CA 92101 DEPARTMENT OF FOOD & AGRICULTURE DEPARTMENT OF GENERAL SERVICES REAL STEVE SHAFFER AGRICULTURAL RESOURCES ESTATE DIVISION RM 100 GEORGE DUTRA 1220 N ST 650 HOWE AVE SACRAMENTO CA 95814 SACRAMENTO CA 95825 - FUSINESS 81 TRANSPORTATION AGENCY KATHLEEN CALDERON 1120 N ST SACRAMENTO CA 95814 DEPARTMENT OF REAL ESTATE JAMES A EDMONDS JR COMMISSIONER 1719 24TH ST SACRAMENTO CA 95814 DISTRICT 1 CALTRANS JOE THORNE ENVIRONMENTAL PLANNING PO BOX 3700 EUREKA CA 95501 DEPT OF HOUSING & COMMUNITY DEVELOP WILLIAM MURPHY SUPERVISOR LOCAL ASSISTANCE 81 REVIEW RM 601 921 TENTH ST SACRAMENTO CA 95814 DEPARTMENT OF TRANSPORTATION AlTN: ROBERT MEYER RM 5504 1120 N ST SACRAMENTO CA 95814 DISTRICT 4 CALTRANS STAN RANDOLPH TRANSPORTATION PIANNING PO BOX 7310 SAN FRANCISCO CA 94120 DISTRICT 5 CALTRANS DISTRICT 7 CALTRANS JERRY LAUMER DEPUTY DISTRICT PLANNING DIR WALLIS J ROTHBARD TRANSPORTATION PLANNING PO BOX 8114 120 S SPRING ST SAN LUIS OBISPO CA 93403-8114 LOS ANGELES CA 90012 RESOURCES AGENCY AlTN: DR GORDON SNOW RM 1311 1416 NINTH ST SACRAMENTO CA 95814 AIR RESOURCES BOARD ANNE GERAGHTY MGR GENERAL PROJECTS SECTION PO BOX 2815 SACRAMENTO CA 95812 COASTAL CONSERVANCY PETER GRENELL EXEC OFFICER STE 1100 / 1330 BROADWAY OAKLAND CA 94612 DIVISION OF OIL AND GAS M G MEFFERD OIL & GAS COORDINATOR RM 1310 1416 NINTH ST SACRAMENTO CA 95814 ENERGY RESOURCES CONSERVATION & DEVELOPMENT COMMISSION CHUCK NAJARIAN 1516 NINTH ST SACRAMENTO CA 95814 MARINE RESOURCES REGION DF&G ENVIRONMENTAL SERVICES SUPERVISOR 350 GOLDEN SHORE LONG BEACH CA 90802 REGION 3 DF&G TED WOOSTER ENVIRONMENTAL SERVICES SUPERVISOR PO BOX 47 YOUNTVILLE CA 94559 DEPARTMhT OF CONSERVATION DENNIS J O’BRYANT ENVIRONMENTAL PROGRAMS COORDINATOR RM 1326-2 1416 NINTH ST SACRAMENTO CA 95814 DIVISION OF MINES AND GEOLOGY JAMES F DAVIS STATE GEOLOGIST RM 1341 1416 NINTH ST SACRAMENTO CA 95814 DEPARTMENT OF FISH & GAME DON LOLLOCK CHIEF ENVIRONMENTAL SERVICES DIVISION RM 1206-20 1416 NINTH ST SACRAMENTO CA 95814 REGION 1 DF&G KAREN KOVAKS 619 SECOND ST EUREKA CA 95501 REGION 5 DF&G EARL LAUPPE WILDLIFE MANAGEMENT STE 160 245 W BROADWAY LONG BEACH CA 90802 DEPARTMENT OF FORESTRY DOUG WICKIZER ENVIRONMENTAL COORDINATOR RM 1516-2 1416 NINTH ST SACRAMENTO CA 95814 NORTHERN REGION DEPT OF PARKS & REC DALE BUSCHKE DEPUTY DIRECTOR STE 110 3033 CLEVELAND AVE SANTA ROSA CA 95401 SOUTHERN REG DEPT OF PARKS & REC JOHN WALSTROM TECHNICAL SERVICES STE 200 1333 CAMINO DEL RIO SOUTH SAN DIEGO CA 92108 WASTE MANAGEMENT BOARD STE 300 1020 NINTH ST SACRAMENTO CA 95814 DEPARTMENT OF WATER RESOURCES SOUTHERN DlST/VVAYNE GENTRY PO BOX 607 RED BLUFF CA 96080 DEPARTMENT OF PARKS & RECREATION A-ITN: CHIEF PLANNING DIVISION 1050 20TH ST SACRAMENTO CA 95814 CENTRAL COAST REG DEPT OF PARKS & REC JASON GREELEE RESOURCE ECOLOGIST 2211 GARDEN RD MONTEREY CA 93940 SAN FRANCISCO BAY CONSERVATION & DEVELOPMENT COMMISSION BILL TRAVIS 30 VAN NESS AVE SAN FRANCISCO CA 94103 STATE LANDS COMMISSION DWIGHT SANDERS 1807 13TH ST SACRAMENTO CA 95814 DEPARTMENT OF WATER RESOURCES CENTRAL DIST/ROBERT MC DONNELL CHIEF PLANNING & TECHNICAL SERVICES PO BOX 160088 SACRAMENTO CA 95814 DEPARTMENT OF WATER RESCwdCES SAN JOAQUIN DIST/LOUIS A BECK RM A-7 3374 E SHIELDS AVE FRESNO CA 93726 WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 SAN FRANCISCO BAY RWQCB ROGER JAMES EXEC OFFICER RM 6040 1111 JACKSON ST OAKlAND CA 94607 LOS ANGELES RWQCB ROBERT GHIRELLI EXEC OFFICER RM 4027 107 S BROADWAY LOS ANGELES CA 90012-4596 SAN DIEGO RWQCB STE 6 9771 CIAIREMONT MESA AVE SAN DIEGO CA 92124-1331 DEPARTMtltiT OF WATER RESOURCES SOUTHERN DIST/ROBERT U CHUN PO BOX 6598 LOS ANGELES CA 90055 NORTH COAST RWQCB BENJAMIN D KOR EXEC OFFICER 1440 GUERNEVILLE RD SANTA ROSA CA 95401 CENTRAL COAST RWQCB KENNETH JONES EXEC OFFICER 1102A LAUREL LN SAN LUIS OBISPO CA 93401 SANTA ANA RWQCB JAMES R BENNETT EXEC OFFICER STE 200 6809 INDIANA AVE RIVERSIDE CA 92506 ROBERT L ERWIN DIR AREA PLANNING & DEVELOPMENT US FOREST SERVICE- USDA #lo37 630 SANSOME ST SAN FRANCISCO CA 94111 14 - ROBERT DELZELL RESOURCE CuNSERVATlONlST FARMERS HOME ADMINISTRATION US SOIL CONSERVATION SERVICE A-ITN: IRWIN HOFFMANN 2828 CHILES RD STE F DAVIS CA 95616 194 W MAIN ST WOODLAND CA 95695 JAMES BURGESS PACIFIC REG MGR AI-I-N: L MC GILVRAY OFFICE OF OCEAN & COASTAL RESOURCES MGT 1825 CONNECTICUT AVE WASHINGTON DC 20235 MIKE BOYD REG ENVIRONMENTALIST ECONOMIC DEVELOPMENT ADMINISTRATION 1700 WESTLAKE AVE SEATTLE WA 98109 E C FULLERTON REG DIR NATL MARINE FISHERIES SERVICE SW REG 300 SOUTH FERRY ST TERMINAL ISLAND CA 90731 COUNCIL ON ENVIRONMENTAL QUALITY CHAIRMAN PRESIDENT’S COUNCIL ON ENVIRONMENTAL QUALITY 722 JACKSON PLACE NW WASHINGTON D C 20006 DEPARTMENT OF DEFENSE BRIGADIER GEN PATRICK KELLY DIV ENGINEER US ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION RM 1216 630 SANSOME ST SAN FRANCISCO CA 94111 RICHARD L FRASER TECHNICAL ENGINEERING BRANCH US ARMY CORPS OF ENGINEERS SOUTH PACIFIC DIVISION 630 SANSOME ST SAN FRANCISCO CA 94111 LT COL ANDREW M PERKINS DISTRICT ENGINEER DISTRICT ENGINEER US ARMY CORPS OF ENGINEERS US ARMY CORPS OF ENGINEERS LOS ANGELES DISTRICT 211 MAIN ST PO BOX 2711 SAN FRANCISCO CA 94105 LOS ANGELES CA 90053 - - COMMANDING OFFICER WESTtAN DIV AlTN: ROBERT FORSYTH DIR NAVAL FACILITIES ENGINEERING COMMAND INSTALLATION PLANNING DIVISION PO BOX 727 SAN BRUNO CA 94066 COL LANG ASST CHIEF OF STAFF FOR FACILITIES MARINE CORP RECRUIT DEPOT SAN DIEGO CA 92140 COMMANDANT ELEVENTH NAVAL DISTRICT All-N: DISTRICT CIVIL ENGINEER SAN DIEGO CA 92132 PHILLIP lAMMl CHIEF ENVIRONMENTAL PLANNING DIVISION US AIR FORCE REG CIVIL ENGINEER WESTERN DIV RM 1316 630 SANSOME ST SAN FRANCISCO CA 94111 JOSEPH P JUEl-l-EN CHIEF JOHN B MARTIN REG DIR US DEPT OF ENERGY ENVIRON & SAFETY BRANCH NUCLEAR REGULATORY COMMISSION REG V SAN FRANCISCO OPERATIONS OFFICE STE 210 1333 BROADWAY 1450 MARIA LN OAKLAND CA 94612 WALNUT CREEK CA 94596-5368 CLIFFORD EMMERLING DIR DAVID B JONES FEDERAL ENERGY REGULATORY COMMISSION US ENVIRON PROTECTION AGENCY REG IX STE 350 WATER DIVISION 901 MARKET ST 215 FREMONT ST SAN FRANCISCO CA 94103 SAN FRANCISCO CA 94105 MOLLY BRANDT DIR OPERATIONAL PLANNING GSA 525 MARKET ST SAN FRANCISCO CA 94105 GEORGE E MILLER REG DIR DEPT OF HEALTH & HUMAN SERVICES RM 431 50 UNITED NATIONS PLAZA SAN FRANCISCO CA 94102 . h -4 DUNCAN LENT HOWARD REG ADMIN US DEPT OF HOUSING & URBAN DEVELOPMENT REGION IX 450 GOLDEN GATE AVE SAN FRANCISCO CA 94102 EDWARD L HASTEY STATE DIR US BUREAU OF IAND MANAGEMENT All-N: BOB BARNEY 2800 COTTAGE WAY SACRAMENTO CA 95825 DAVID HOUSTON REGIONAL DIR US BUREAU OF RECLAMATION MID-PACIFIC REGION AlTN: JOHN H TURNER 2800 COlTAGE WAY SACRAMENTO CA 95825 HOWARD CHAPMAN REG DIR NATIONAL PARK SERVICE WESTERN REG AlTN: HAROLD R (BOB) JONES PO BOX 36063 450 GOLDEN GATE AVE SAN FRANCISCO CA 94102 BRIAN O’NEILL SUPERINTENDENT GOLDEN GATE NATIONAL RECREATION AREA BUILDING 201 FORT MASON SAN FRANCISCO CA 94123 PATRICIA PORT COASTAL ZONE COORDINATOR US DEPT OF THE INTERIOR PO BOX 36098 450 GOLDEN GATE AVE SAN FRANCISCO CA 94102 WILLIAM GRANT REGIONAL DIRECTOR MINERALS MANAGEMENT SERVICE PACIFIC OUTER CONTINENTAL SHELF OFFICE RM 200 1340 W 6TH ST LOS ANGELES CA 90017 EDWARD M HALLENBECK REGIONAL DIR US BUREAU OF RECLAMATION LOWER COLORADO REG A-ITN: STEVE MAGNUSSEN PO BOX 427 BOULDER CITY CO 89005 DOUGLAS WARNOCK SUPERINTENDENT REDWOOD NATIONAL PARK DRAWER N 1111 2ND ST CRESCENT CITY CA 95531 JOHN L SANSING SUPERINTENDENT POINT REYES NATIONAL SEASHORE POINT REYES CA 94596 - WILLIAM EHORN SUPERlNTENLrcNT CHANNEL ISLANDS NATIONAL PARK 1901 SPINNAKER DR SAN BUENAVENTURA CA 93001 GARY CUMMINGS SUPERINTENDENT CABRILLO NATIONAL MONUMENT PO BOX 6175 SAN DIEGO CA 92106 JAMES MC KEVIlT FIELD SUPERVISOR US FISH & WILDLIFE SERVICE DIVISION OF ECOLOGICAL SERVICES 2800 COSTAGE WAY SACRAMENTO CA 95825 JOHN WOLFE CZM COORDINATOR US FISH & WILDLIFE SERVICE 24000 AVILA RD LAGUNA NIGUEL CA 92656 SECRETARIAL REPRESENTATIVE US DEPARTMENT OF TRANSPORTATION RM 1005 211 MAIN ST SAN FRANCISCO CA 94111 DANIEL KUtHN SUPERINTENDENT SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA 23018 VENTURA BLVD WOODLAND HILLS CA 91268 RICHARD GRABOWSKI CHIEF US BUREAU OF MINES WESTERN FIELD OPERATIONS CENTER AlTN: JOHN NORGERG EAST 360 THIRD AVE SPOKANE WA 99207 RALPH WALLESTROM REGIONAL DIR US FISH & WILDLIFE SERVICE LLOYD 500 BUILDING STE 1692 500 NE MULTNOMAH ST PORTLAND OR 97232 MAURICE W BABBY AREA DIR BUREAU OF INDIAN AFFAIRS AlTN: RONALD M JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 WILLIS KISSELBURG JR DIR OFFICE OF PLANNING & PROGRAM DEVEL FEDERAL HIGHWAY ADMINISTRATION RM 1100 211 MAIN ST SAN FRANCISCO CA 94105 h JAiES A MILLS ’ FEDERAL AVIATION ADMINISTRATION WESTERN REGION PO BOX 92007 WORLDWAY POST CENTER LOS ANGELES CA 90009 ADMIRAL JOHN COSTELLO COMMANDER (dlp) TWELFTH COAST GUARD DIST COAST GUARD ISLAND ALAMEDA CA 94501-5100 - REAR ADM r3RUCE A BERAN COMMANDER (dpl) ELEVENTH COAST GUARD DIST UNION BANK BUILDING 400 OCEANGATE BLVD LONG BEACH CA 90822